Part VI

Prevention of Pollution
Chapter II

Oil Pollution

General provisions for preventing pollution

Protection for acts done in exercise of certain powers of harbour authorities, etc
134
1
Where any oil, or mixture containing oil, is discharged in consequence of—
a
the exercise of any power conferred by section 252 or 253; or
b
the exercise, for the purpose of preventing obstruction or danger to navigation, of any power to dispose of sunk, stranded or abandoned ships which is exercisable by a harbour authority under any local enactment;
and apart from this subsection the authority exercising the power, or a person employed by or acting on behalf of the authority, would be guilty of an offence under section 131 in respect of that discharge, the authority or person shall not be convicted unless it is shown that they or he failed to take such steps (if any) as were reasonable in the circumstances for preventing, stopping or reducing the discharge.
2
Subsection (1) above shall apply to the exercise of any power conferred by section 13 of the Dockyard Ports Regulation Act 1865 (removal of obstructions to dockyard ports) as it applies to the exercise of the powers under sections 252 and 253, and shall, as so applying, have effect as if references to the authority exercising the power were references to the Queen’s harbour master for the port in question.
1865 c. 125.