# The Water Environment (Controlled Activities) (Scotland) Regulations 2011, Regulation 48: Defence to principal offences


A person will not be guilty of an offence under regulation 44(1)(a) to (d), (j) or (o) if—
(a) the contravention is a result of—
(i) an accident which could not reasonably have been foreseen;
(ii) natural causes or force majeure which are exceptional or could not reasonably have been foreseen; or
(iii) an act or omission by a category 1 or 2 responder that is reasonably necessary to protect people, property or the environment from imminent risk of serious harm;
(b) all practicable steps are taken to prevent deterioration of the water environment—
(c) all practicable steps are taken as soon as is reasonably practicable to restore the water environment to its condition prior to the contravention; and
(d) particulars of the contravention are furnished to SEPA as soon as practicable after it occurs.

---
Source: https://www.legislation.gov.uk/sdsi/2011/9780111012963/regulation/48 (the official version)
Page: https://openlegislation.uk/draft-water-environment-controlled-activities-scotland-regulations-2011/regulation-48
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.