(1) Where—
(a) an amount of duty has been paid on a grant of a Crown lease;
(b) the lease is surrendered or determined; and
(c) part or all of the amount paid in respect of the grant of the lease is refunded under section 178 of the Land (Planning and Environment) Act 1991 ;
there shall be refunded to the person
who paid the duty an amount calculated in accordance with the formula
where—
D is the amount of duty;
R is the amount that would be refundable under that section if no deduction were made for administrative expenses; and
P is the amount paid in respect of the grant of the lease.
(2) A refund of duty is not payable unless the person lodges with the Commissioner, within 12 months after the refund referred to in paragraph (1) (c) was made, a written application, with such information as the Commissioner requires to enable the amount of the refund to be calculated.