Part 2Sustainability and Renewable Energy Sources
Chapter 2Offshore production of energy
Safety zones for installations
97Offences relating to safety zones
(1)
Where a vessel enters or remains in a safety zone in contravention of section 96(1), the vessel’s owner and her master are each guilty of an offence.
(2)
Where—
(a)
a vessel enters or remains in a safety zone with a permission granted for the purposes of section 96, and
(b)
there is a contravention of a condition of that permission in relation to the vessel or individuals on the vessel,
the vessel’s owner and her master are each guilty of an offence.
(3)
A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2) is guilty of an offence.
(4)
Where—
(a)
a person carries on an activity wholly or partly in a safety zone with a permission granted for the purposes of section 96, and
(b)
there is a contravention of a condition of that permission in relation to the carrying on of that activity,
that person is guilty of an offence.
(5)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction, to a fine not exceeding the statutory maximum;
(b)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(6)
In proceedings against a person as the owner of a vessel for an offence under subsection (1) or (2), it is a defence for him to show that the existence of the safety zone—
(a)
was not known to the master of the vessel in question at the time of the offence; and
(b)
would not have become known to the master had he made reasonable inquiries before that time.
(7)
In any other proceedings against a person for an offence under this section, it is a defence for that person to show that the existence of the safety zone—
(a)
was not known to him at the time of the offence; and
(b)
would not have become known to him had he made reasonable inquiries before that time.
(8)
It is also a defence in proceedings against a person for an offence under this section for that person to show that he took all reasonable steps to prevent the contravention in question.