Regulation 5 of this Annex shall not apply to:
| (a) |
the discharge into the sea of noxious liquid substances or mixtures containing such substances necessary for the purpose of securing the safety of a ship or saying life at sea; or |
| (b) |
the discharge into the sea of noxious liquid substances or mixtures containing such substances resulting from damage to a ship or its equipment: |
| (i) |
provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and |
| (ii) |
except if the owner or the Master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or |
| (c) |
the discharge into the sea of noxious liquid substances or mixtures containing such substances, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. |
Public Service Commission Act, 1997
