Paragraph 7 Defence

It is a defence to a charge in proceedings for an offence under paragraph 6 for the reservoir manager to show both—

(a)

that the failure to comply with the stop notice was as a result of either an accident which could not reasonably have been foreseen or natural cause or force majeure which was exceptional and could not reasonably have been foreseen; and

(b)

that the reservoir manager—

(i)

took all practicable steps to prevent an uncontrolled release of water from the reservoir; and

(ii)

took all practicable steps as soon as was reasonably practicable to rectify the failure; and

(iii)

provided particulars of the failure to SEPA as soon as practicable after the failure arose.