5.
| (1) Where a person charged under section 3 or section 4 is the owner, operator, master or agent a ship or is the owner or occupier of an off-shore installation it shall be a defence to prove that the oil or other pollutant in question was discharged or dumped for the purpose of securing the safety of any ship or any off-shore installation or preventing any damage to such ship, off-shore installation or cargo or for saving human life at sea and reasonable care has been taken in minimizing the damage caused by such discharge or dumping. |
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| (2) Where a person charged with an offence under section 3 is the owner, operator, master or agent of a ship, it shall be a defence to prove"
| | (a) that the oil or other pollutant escaped in consequence of damage to the ship and that all reasonable precautions were taken after the discovery of the escape for the purpose of preventing and minimizing the escape ; | | |
| | (b) that the oil or other pollutant escaped by reason of leakage, which was not due to any want of reasonable care and that as soon as practicable after the escape was discovered all reasonable steps were taken for the purpose of preventing or minimizing the escape. | | |
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| (3)
| | (a) Where a person charged with an offence under section 3 is the owner or person in charge of any apparatus or is the owner or occupier of an off-shore installation, pipe line or place on land, as the case may be, from which the oil or other pollutant is alleged to have escaped, it shall be a defence to prove that the escape of the oil or other pollutant was not due to any want of reasonable care, and that as soon as practicable after the escape was discovered, all reasonable steps were taken for stopping or reducing it | | |
| | (b) It shall be a defence for the owner or occupier of an off-shore installation, pipe line or place on land to prove that the discharge was caused by the act of a person who was in that place without the permission (express or implied) of the owner or occupier. | | |
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| (4) No liability shall arise under section 3 or section 4"
| | (a) where any oil or other pollutant is discharged or dumped in consequence of the removal of sunk, stranded or abandoned vessels by the Authority in exercise of any power conferred by any written law or acting under the written instructions of the Minister; | | |
| | (b) where substances containing oil or other pollutants are discharged or dumped by the Authority for the purpose of combating specific pollution incidents in order to minimise the damage from pollution. | | |
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Sri Lanka Consolidated Acts