298Power to pass over private land to assist at wreck

#### 298 Power to pass over private land to assist at wreck (1) Whenever a ship is wrecked, stranded, or in distress, all persons may, for the purpose of rendering assistance to the ship, or of saving the lives of the shipwrecked persons, or of saving the wreck, unless there is some public road equally convenient, freely pass and repass, either with or without vehicles or draught animals, over any lands, but doing as little damage as possible, and may also, on the like condition, deposit any wreck on any lands. (2) Any damage occasioned by the exercise of the rights given by this section shall be a charge on the wreck in respect of or by which the damage is occasioned, and the amount of compensation payable for such damage shall be determined and be recoverable in the same manner as if it were salvage. (2A) A charge that arises under subsection (2) has priority over any PPSA security interest in the ship. (2B) Subsection 73(2) of the Personal Property Securities Act 2009 applies to a charge that arises under subsection (2). > Note 1: The effect of subsection (2B) is that the priority between a charge that arises under subsection (2) and a PPSA security interest is to be determined in accordance with this Act rather than the Personal Property Securities Act 2009. > Note 2: Subsection 73(2) of the Personal Property Securities Act 2009 applies to charges that arise under subsection (2) that arise after the commencement of subsection (2B) of this section (which commences at the registration commencement time within the meaning of the Personal Property Securities Act 2009). (3) A person commits an offence if the person engages in conduct, and the conduct results in: (a) the impeding of any person in the exercise of the rights given by this section; or (b) the impeding of the deposit of any wreck on the land; or (c) the prevention of any wreck from remaining so deposited until it can be removed to a safe place. Penalty: $500.