(2) A council may make such a resolution only if it is
satisfied that the land has been found to be unsuitable for the provision,
extension or augmentation of public amenities and public services because of
any one or more of the following--
• the size of the land
• the
shape of the land
• the topography of the land
• the location of
the land
• the difficulty of providing public access to the land.
(3)
The council must specify in the resolution the grounds on which it is
satisfied the land is unsuitable.
(4) Before making the resolution, the
council must give public notice of the resolution. The public notice must
specify a period of not less than 28 days during which submissions may be made
to the council.
(5) The net proceeds of sale by a council of any land
dedicated in accordance with a condition imposed under section 94 of the
Environmental Planning and Assessment Act 1979 must be dealt with under that
section as if those net proceeds were a monetary contribution paid instead of
the dedication.
