Subject to any express provision to the contrary in any enactment and notwithstanding any provision for primary liability, the liability to pay for any work required under this Act as between owner and occupier, if the reason for requiring the work was –

(a) a default of the occupier, is to be borne by the occupier; or

(b) a defect of or in the land which the occupier was not bound to the owner to rectify, is to be borne by the owner; or

(c) the improvement of the land, its neighbourhood or the municipal area –

(i) to be borne by the occupier, if the benefit of the work may not necessarily outlast the occupation; and

(ii) to be borne by the owner, in any other case.