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357.   Power to pass over adjoining lands

Revised Laws of Saint Lucia (2021)

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357.   Power to pass over adjoining lands

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    (1)   When a vessel is wrecked, stranded or in distress any person may, for the purpose of rendering assistance to the vessel, its cargo or apparel, or of saving the life of any person—

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      (a)     pass and repass, with or without vehicles, machinery or equipment, over any adjoining lands unless there is some public road equally convenient; and

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      (b)     deposit on those lands any cargo or other articles recovered from the vessel,

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    without being impeded or hindered or being subject to liability for trespass by the owner or occupier of the land, but such person may not cause any more damage to the adjoining lands than is reasonably necessary for the purpose of rendering assistance or saving life.

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    (2)   Any damage sustained by the owner or occupier of any land in consequence of the exercise of the rights conferred by subsection (1) shall be a charge on the vessel, cargo or articles in respect of or by which the damage is caused, and the amount payable in respect of the damage shall, in case of dispute, be determined, and shall, in default of payment, be recoverable, in the same manner as the amount of salvage is determined and recovered under this Part.

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    (3)   Any owner or occupier of any land who—

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      (a)     impedes or hinders any person in the exercise of the rights conferred upon him or her by this section;

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      (b)     impedes or hinders the deposit of any cargo or other articles recovered from a vessel on any land; or

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      (c)     prevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of public deposit,

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    commits an offence and on summary conviction be liable to a fine not exceeding $5,000.

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