2.—(1) If any vessel or aircraft, substance or material—

(a) is dumped in the maritime area,

(b) is dumped anywhere in the sea outside the maritime area and the dumping is from an Irish vessel, or an Irish aircraft, or

(c) is loaded on to a vessel or aircraft in the State or in the maritime area for dumping,

the master and the owner of the vessel, or the pilot in command and the owner of the aircraft, as the case may be, and any other person who causes or permits the dumping or loading shall be guilty of an offence.

(2) It shall be a defence for a person (“the defendant”) charged with an offence under this section to prove—

(a) that the commission of the offence was due to a mistake or to the act or default of another person or to an accident or some other cause beyond the defendant's control and that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the defendant or any person under the defendant's control, or

(b) that the dumping or loading concerned took place under and in accordance with a permit under section 5 of this Act, or, in the case of dumping to which subsection (1) (b) of this section relates, under and in accordance with a permit granted by another state that is party to the Convention for the Protection of the Marine Environment of the North-East Atlantic done at Paris on the 22nd day of September, 1992 or the London Convention.

(3) (a)Paragraphs (a) and (b) of subsection (1) of this section shall not apply in relation to dumping, if it is reasonably necessary for the purpose of securing the safety of a vessel or aircraft or of saving life.

F12[(b) Dumping for a purpose specified in paragraph (a) of this subsection shall be reported to the Agency by the master of the vessel or pilot in command of the aircraft, as the case may be, as soon as may be, but not later than 7 days after it takes place.]

(c) A person who contravenes paragraph (b) of this subsection shall be guilty of an offence.

F13[(4) In subsection (1) of this section a reference to the owner of a vessel or aircraft includes, where the vessel or aircraft is on hire, the person to whom it is on hire.]