52Refund if Crown lease surrendered

52 Refund if Crown lease surrendered (a) an amount of duty has been paid on a grant of a Crown lease; and (b) the lease is surrendered or terminated; and

Special provisions Part 2.4 (c) part or all of the amount paid in relation to the grant of the lease is refunded under the Planning Act 2023, section 364 (Refund on lease surrender or termination). (2) An amount calculated in accordance with the following formula must be refunded to the person who paid the duty: D × R P (3) In subsection (2): D means the amount of duty. R means the amount that would be refundable under the Planning Act 2023, section 364 if no deduction were made for administrative expenses. P means the amount paid for the grant of the lease. (4) However, a refund of duty is payable to a person only if the person applies to the commissioner for the refund. (5) An application for a refund of duty must— (a) be in writing; and (b) be made not later than 1 year after the refund mentioned in subsection (1) (c) is made; and (c) contain the information the commissioner requires to allow the amount of the refund to be worked out. (6) This section applies to a declared land sublease as if— (a) it were a Crown lease; and (b) any amount paid to the sublessee by the sublessor under the terms of the sublease because of the surrender or termination of the sublease were an amount refunded under the Planning Act 2023, section 364.