# The Transfrontier Shipment of Waste Regulations 1994, Regulation 14: Defences


(1) In any proceedings for an offence under regulation 12 above it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(2) In any proceedings for an offence under regulation 12(2)
above, it sall be a defence for the person charged to prove that he was not reasonably able to comply with the condition concerned by reason of an emergency.
(3) In any proceedings for an offence under regulation 12(3)
above on the grounds that the consignee has not sent a certificate of disposal or recovery (as the case may be) within the applicable time limit, it shall be a defence for the consignee to prove—
(a) that he was not able to send the certificate within that time limit because he had not been able to dispose of or recover the waste in time as a result of an emergency; and
(b) that he disposed of or recovered the waste as soon as was reasonably practicable or that he is taking all reasonable steps to ensure that the waste is disposed of or recovered as soon as is reasonably practicable.

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Source: https://www.legislation.gov.uk/uksi/1994/1137/regulation/14 (the official version)
Page: https://openlegislation.uk/transfrontier-shipment-of-waste-regulations-1994/regulation-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.