Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 10 · Offences, Penalties and Proceedings
58. Power to apportion expenses
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Where in any premises the whole or any part of which has been let as a workplace any structural or other alterations are required in order to comply with the provisions of this Act or to conform with any standard or requirement imposed by or under this Act, and the owner or occupier of the workplace (as the case may be) alleges that the whole or part of the expenses of the alterations ought to be borne by the owner or occupier of the workplace, the owner or occupier of the workplace may apply to the General Division of the High Court for the expenses of the alterations to be apportioned between them.
premises
“premises” includes any place whether enclosed or built on or not, whether situated underground or underwater and, in particular, includes —(a)any building, vehicle, vessel or aircraft;(b)any structure, whether a fixed structure or a movable structure such as a tent; and(c)a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);
The General Division of the High Court may, after hearing the parties and any witness whom they may desire to call, make such an order concerning the apportionment of their expenses as the General Division of the High Court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative, the General Division of the High Court may, at the request of the owner or occupier of the workplace, determine the lease.
owner
“owner”, in relation to any premises, means —(a)the person for the time being receiving the rents or profits for the lease of the premises, whether on the person’s own account or as agent or trustee for any other person; or(b)the person who would so receive the rents or profits if the premises were leased;