Document ID: chunk:federal_register_of_legislation:F2022L00470:reg:46
Version: federal_register_of_legislation:F2022L00470
Segment Type: reg
Provision Reference: reg 46
Character Range: 61722–62736

46  Lessee may surrender lease or part of land in lease
 (1) A lessee may, at any time, apply to the Minister to surrender the lease or part of the land comprised in the lease.
Note: A lessee who surrenders a lease may be entitled to compensation for improvements: see section 34.
 (2) On an application, the Minister may:
 (a)  agree to accept a surrender of the lease, or part of the land comprised in the lease:
 (i) unconditionally; or
 (ii) subject to any condition the Minister considers appropriate; or
 (b) refuse to accept a surrender of the lease, or part of the land comprised in the lease.
 (3) The surrender of a lease, or part of the land comprised in a lease, does not entitle the lessee to a refund or remission of any rent already paid or owing.
 (4) Despite subsection (3), the Minister may authorise, in accordance with any rules made for the purposes of this subsection, the payment by the Commonwealth to the lessee of an amount equal to part or all of a refund mentioned in that subsection.