Sri Lanka Consolidated Acts

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Marine Pollution Prevention Act (No. 59 of 1981) - Sect 16

Measures taken under section 15 to be proportionate to actual or threatened damage

16.
(1) Every person who carries out any act in pursuance of any direction given by the Authority under section 15 shall ensure that"
(a) any act done in order to prevent or reduce pollution or the threat of pollution shall be proportionate to the damage actual or threatened by such pollution ;
(b) shall pay due respect to the rights and interests of the flag state, third state and any other person.
(2) Every person who"
(a) contravenes or fails to comply with any direction given under section 15 ;
(b) wilfully obstructs any person who is authorized to act in pursuance of any directions issued under section 15, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred thousand rupees.
(3) Where a person is charged under this section it shall be a defence to prove that he used due diligence to ensure compliance with any direction issued under section 15 or that he had reasonable cause for believing that compliance with such direction would involve serious risk to human life.


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