240Defence to offences under this Act

1. It is a defence to any offence under this Act or under bylaws made under this Act if the court is satisfied—

2. that—
   1. the act giving rise to the offence was necessary—
      1. to save or protect life or health or prevent injury; or
      2. to prevent serious damage to property; or
      3. to avoid actual or likely damage to the environment; and
   2. the conduct of the defendant was reasonable in the circumstances; and
   3. the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred; or
3. the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant, and, in each case,—
   1. the action or event could not reasonably have been foreseen or prevented by the defendant; and
   2. the effects of the act or omission of the defendant were adequately remedied or mitigated by the defendant after the offence occurred.