(1) Subject to subsection (5), a person shall not cause or permit any polluting matter to enter waters.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable -

(a) on summary conviction, to a fine not exceeding £250 (together with, in the case of a continuing contravention, a fine not exceeding £100 for every day on which the contravention is continued) or to imprisonment for any term not exceeding six months or, at the discretion of the court, to both such fine or fines and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £5,000 (together with, in the case of a continuing contravention, a fine not exceeding £500 for every day on which the contravention is continued) or to imprisonment for any term not exceeding two years or, at the discretion of the court, to both such fine or fines and such imprisonment.

(3) It shall be a good defence to a prosecution under this section to prove to the satisfaction of the court that the person charged took all reasonable care to prevent the entry prohibited under subsection (1).

(4) A prosecution for an offence under this section may be taken by a local authority, a board of conservators, the Minister for Fisheries or any other person.

(5) Subsection (1) does not apply to -