Section 40
Exemption of Operator from liability in certain cases.
The Indian Antarctic Act, 2022
About this Act
An Act to provide for the national measures for protecting the Antarctic environment and dependent and associated ecosystems and to give effect to the Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources and to the Protocol on Environmental Protection to the Antarctic Treaty and for matters connected therewith or incidental thereto.
An Operator shall not be liable for
an environmental emergency under section 39, if it is proved that such emergency is caused by--
(a) an act or omission that was necessary to protect human life;
(b) a natural disaster of an extraordinary nature which could not reasonably be foreseen and
the Operator had taken all reasonable measures to reduce the risk and potentially harmful effects of the environmental emergency;
(c) an act of terrorism; and
(d) an act of war aimed at the Operator's activity:
Provided that the Operator shall submit an explanation to the Committee of his act or omission within a period of sixty days from the date of such emergency, stating the reasons therefor.
(a) an act or omission that was necessary to protect human life;
(b) a natural disaster of an extraordinary nature which could not reasonably be foreseen and
the Operator had taken all reasonable measures to reduce the risk and potentially harmful effects of the environmental emergency;
(c) an act of terrorism; and
(d) an act of war aimed at the Operator's activity:
Provided that the Operator shall submit an explanation to the Committee of his act or omission within a period of sixty days from the date of such emergency, stating the reasons therefor.