Antarctic Treaties Act, 1996 (Act No. 60 of 1996)RegulationsAntarctic Treaties Regulations, 2021Chapter 3 - Liability arising from Environmental Emergencies13. Exemptions from Liability |
| (1) | An operator shall not be liable in terms of regulation 12, if it proves that the environmental emergency was caused by: |
| (a) | An act or omission which was reasonable in the circumstances, to protect human life or safety; |
| (b) | an event constituting a natural disaster of an exceptional character, which could not have been reasonably foreseen, either generally or in the particular case, provided all reasonable preventative measures have been taken that are designed to reduce the risk of environmental emergencies and their potential adverse impact; |
| (c) | an act of terrorism; or |
| (d) | an act of belligerency against the activities of the operator. |
| (2) | An operator, or its agents, contractors or operators specifically authorised by it to take such action on its behalf, shall not be liable for an environmental emergency resulting from response action taken by it to the extent that such response action was reasonable in the circumstances. |