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Saver for discharge in special circumstances.
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12.—(1) Sections 10 and 11 shall not apply to—
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(a) the discharge of oil or of an oily mixture from a vessel for the purpose of securing the safety of the vessel, preventing damage to the vessel or her cargo, or saving life, if such discharge was necessary and reasonable in the circumstances, or
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(b) the escape of oil or of an oily mixture from a vessel, resulting from damage to the vessel or from any leakage, not due to any want of reasonable care, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimising the escape.
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(2) Section 11 shall not apply to the escape of oil or of an oily mixture from any place or apparatus, if the escape was not due to any want of reasonable care and if all reasonable steps have been taken after the discovery of the escape for the purpose of stopping or minimising it.
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(3) Section 11 shall not apply to the discharge from any place of an effluent produced by operations for the refining of oil, if—
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(a) it was not reasonably practicable to dispose of the effluent otherwise than by so discharging it, and
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(b) all reasonably practicable steps had been taken for eliminating oil from the effluent, and
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(c) in the event of the surface of the waters into which the mixture was discharged, or land adjacent to those waters, being fouled by oil at the time of the discharge, it is shown that the fouling was not caused or contributed to by oil contained in any effluent discharged at or before that time from that place.
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