16Refund or waiver of contribution where disposition etc rescinded etc

16 Refund or waiver of contribution where disposition etc rescinded etc

16 Refund or waiver of contribution where disposition etc rescinded etc

(1) Where:

(a) land has become liable for contribution, and

(b) the disposition or development consent as a consequence of which the land became liable for that contribution has been rescinded, cancelled, annulled or revoked,

the contributor is entitled:

(c) where the contribution has been paid in whole, to a refund of the amount of the contribution paid,

(d) where the contribution is wholly unpaid, to a waiver of the amount of contribution unpaid, or

(e) where the contribution has been partly paid, to a refund of the amount of contribution paid and to a waiver of the amount of contribution unpaid.

(2) A person is not entitled to a refund of contribution or a waiver of contribution under subsection (1):

(a) unless the person makes application therefor in writing and, where a form of application is prescribed, on the prescribed form,

(b), (c) (Repealed)

(d) unless, where the refund or waiver is applied for by reason of a development consent being revoked, any instrument evidencing the development consent is, where the Authority so requires, surrendered to the Authority,

(e) unless the Authority has no notice of:

(i) any disposition for the purposes of section 7 having been made, or

(ii) any development consent having been granted,

after the date on which the disposition or development consent referred to in paragraph (b) of subsection (1) was made or granted and before 8 February 1973,

(ei) unless, where the disposition or development consent referred to in paragraph (b) of subsection (1) was rescinded, cancelled, annulled or revoked on or after 8 February 1973, the Authority decides that it is, having regard to all the circumstances of the case, satisfied that the disposition or consent was not rescinded, cancelled, annulled or revoked for the purpose of avoiding or evading liability for contribution or for purposes including that purpose, and