41Surrender of lands and leases

#### 41 Surrender of lands and leases 41 Surrender of lands and leases > > (1) This clause applies to the surrender of land or a lease under section 4.3 of the Act. > > > (2) If the Minister consents to the surrender, the holder of the land or the lease must lodge with the Department a surrender instrument in the form approved by the Minister together with— > > > > > (a) the balance, if any, of the cost of dealing with the surrender, and > > > > > (b) the Crown grant, if any, relating to the land the subject of the surrender. > > > (3) If the application for the consent to the surrender is made after the commencement of section 4.3 of the Act, the surrender instrument for land or a lease that is mortgaged must be endorsed with the mortgagee’s consent. > > > (4) If the fee for the application for consent to the surrender paid exceeds the cost of dealing with the surrender, the balance is to be refunded. > > > (5) A holder of land or a lease is exempt from the requirement to obtain the Minister’s consent for the surrender of the land or lease (or to pay for the costs of dealing with the surrender) if the surrender is being made at the insistence, or for the benefit, of the Crown. > > **cl 41:** Am 2021 No 10, Sch 3.13.