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he proves that the discharge
took place and was caused as
mentioned in sub-paragraph (ii);
(ii) if the discharge is from
a vessel but takes place in the
course of a transfer of oil to
or from another vessel or a
place on land and is caused
by the act or omission of any
person in charge of any apparatus
in that other vessel or that
place, the owner, master, agent
or charterer of that other
vessel or, as the case may be,
the occupier of that place;
(iii) if the discharge is from a
place on land, the occupier of
that place, unless he proves
that the discharge was caused
as mentioned in sub-paragraph
(iv);
(iv) if the discharge is from
a place on land and is caused
by the act of a person who is
in that place without the