Apportionment of costs of controlling declared pests on land
33 Apportionment of costs of controlling declared pests on land
As between the owner and occupier or successive owners and occupiers of land the costs of controlling declared pests on and in relation to the land in accordance with a pest control notice are, subject to any agreement between the owner or occupier or successive owners and occupiers, to be borne in such proportions —
as are prescribed; or
if no proportions are prescribed, as determined by the Director General.
A person who has paid more than the proportion of that person may recover the excess from the other in a court of competent jurisdiction.
An owner having only a partial interest or a particular estate in the land may apply to the Director General for a determination as to what portion of any expense of or in relation to the control of a declared pest on and in relation to the land paid or to be paid by the owner must be borne by any other person having a partial interest or estate in the land.
The Director General may make a determination for the purposes of subsection (3).
An owner paying, or who has paid, more than that owner’s proportion of the expenses as determined by the Director General may recover the excess in a court of competent jurisdiction from a person the Director General determines to be liable to pay it.
This section does not apply in relation to land owned by, or vested in, a public authority or the State.
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