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Persons not to be under liability for contraventions which it was impracticable to avoid or prevent.
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137.—It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to a mine or quarry, of—
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(a) a provision of this Act, of an order made thereunder or of regulations (not being a provision which expressly provides that a person is to be guilty of an offence), or
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(b) a direction, prohibition, restriction, or requirement given or imposed by a notice served under or by virtue of this Act by an inspector, or
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(c) a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector,
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to prove that it was impracticable to avoid or prevent the contravention.
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