Singapore legislation
Section 10B
Section 10B
Special defences to section 10A
Where a person is charged with an offence under section 10A(1), it is a defence for the person charged to prove, on a balance of probabilities, that —
the uptake or discharge of ballast water or sediments was necessary for the purpose of securing the safety of the ship in an emergency situation or saving life at sea;
the discharge of ballast water or sediments —
was accidental; and
resulted from damage to the ship or its equipment, other than damage that was caused by the person wilfully or recklessly,and all reasonable precautions were taken before and after the occurrence of the damage, or the discovery of the occurrence of the damage or discharge, for the purpose of preventing or minimising the discharge;
the uptake or discharge of ballast water or sediments was for the purpose of avoiding or minimising pollution incidents from the ship;
the discharge of ballast water or sediments occurred on the high seas, and comprised the same ballast water and sediments that had been taken up in the high seas; or
the discharge of ballast water or sediments was at the same location where the whole of the discharged ballast water or sediments originated, and the discharged ballast water and sediments had not been mixed with ballast water and sediments from any other location which have not undergone ballast water management.