S.L. 646.26 Art. 4Onus of proof. 3

In any proceedings for the imposition of an administrative penalty for a breach under these regulations, consisting of a failure to comply with a duty or requirement to do something in accordance with the Act and, or any regulations issued thereunder, it shall be for the offender to prove, as the case may be, that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.