Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Dangerous Goods) Regulations, 1997Part 4 : Enforcement, Repeal of Regulations, and Short Title and Commencement21. Penalties and defences |
| (1) | A person guilty of an offence under these regulations is punishable on conviction by a fine or by imprisonment for a period not exceeding 12 months. |
| (2) | It is a good defence to a charge under Part 2 or 3 for a person to show— |
| (a) | that he or she took all reasonable steps to ensure compliance with the regulations; |
| (b) | that he or she did not know nor ought to have known nor had reasonable grounds for suspecting the goods to be dangerous goods; |
| (c) | that the goods were handled and carried in accordance with the provisions of the IMDG Code, where applicable; |
| (d) | if the person charged is the shipowner or master, in the case of goods packed in a freight container or vehicle, that before the freight container or vehicle was taken on board the ship the person responsible for packing the goods into the freight container or vehicle had furnished the shipowner or master of the ship with a signed packing certificate certifying that the goods had been properly packed in the freight container or vehicle; |
| (e) | that the goods, being solid dangerous goods in bulk, were handled and carried in accordance with the Bulk Cargoes Code; |
| (f) | that the goods, being liquid chemical or gaseous dangerous goods in bulk, were handled and carried in accordance with the relevant requirements of the BCH Code, the IBC Code, the Gas Carrier Code, the Gas Carrier Code for Existing Ships and the IGC Code; |
| (g) | that the goods were handled and carried in accordance with the conditions imposed under regulation 3 or 17(2)(b). |