Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 - SECT 15

             (1)  Sections 10A and 10B do not apply in relation to:

                     (a)  dumping into waters that are not Australian waters; or

                     (b)  incineration at sea in waters that are not Australian waters;

if the dumping or incineration is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).

             (2)  Section 10C does not apply in relation to loading for the purpose of:

                     (a)  dumping into waters that are not Australian waters; or

                     (b)  incineration at sea in waters that are not Australian waters;

if the loading is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).

             (3)  Section 10A, 10B, 10C, 10E or 36 does not apply if:

                     (a)  the relevant conduct was necessary to secure the safety of human life or of a vessel, aircraft or platform in a case of force majeure caused by stress of weather; or

                     (b)  the relevant conduct appeared to be the only way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, and there was every probability that the damage caused by the conduct would be less than would otherwise occur;

and, in either case:

                     (c)  the relevant conduct was so carried out as to minimise the likelihood of damage to human or marine life; and

                     (d)  a report of the relevant conduct, setting out the prescribed information, was given to the Minister as soon as practicable after the conduct occurred.

             (4)  In a proceedings for an offence, the defendant bears the evidential burden of proving an exception set out in this section.