41Apportionment of charges

41 Apportionment of charges

41 Apportionment of charges

(1) The charges payable under section 40 in respect of a fire are to be ratably apportioned between the owner of the building, vessel or vehicle and the owner of the property, cargo or freight, according to their respective values before the fire.

(2) If any dispute arises between the parties liable to pay such a charge as to the proportion payable by each or any of them, the Commissioner may determine and certify the amount payable by each person.

(3) The Commissioner’s certificate is conclusive evidence in any proceedings of the amount payable by each of the parties.

(4) The charges payable under section 40 otherwise than in respect of a fire are to be ratably apportioned in accordance with the regulations, if the regulations so provide.

s 41: Am 1993 No 110, Sch 1 (26).