40. Exemption of Operator from liability in certain cases.
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.
