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Swan Bay DA – a win for the environment

Swan Bay DA – a win for the environment and the Far Eastern Curlew

In an important win for the environment, a proposed tourist accommodation park at 1107 Swan Bay Road was refused, protecting the vital habitat of the critically endangered Far Eastern Curlew along with other vulnerable and threatened migratory birds.

Council had refused the Swan Bay development, and proponents appealed to the Land & Environment Court (LEC). Following presentation of submissions to the LEC by Swan Bay residents and by Neil Fraser of the Hunter Bird Observers Club, at an on-site hearing on May 18, the proponents for the development sought Council’s consent to discontinue proceedings.

Environmental groups, Hunter Bird Observers Club (HBOC) with the support of the National Parks Association of NSW (Hunter Branch) and EcoNetwork Port Stephens, joined forces to emphasise the area’s significance for migratory shorebirds to the LEC.

Thank you Port Stephens Council for rejecting the application initially.

Swan Bay, a quiet hamlet

Swan Bay, just south of Karuah, is characterised by its estuarine wetlands of mudflats and seagrass communities, with tranquil waterfront spots, and natural bushland.

It’s a place to enjoy kayaking, canoeing, fishing, quiet picnics away from crowds and birdwatching.

A small wetland at Cockle Shell Point within the Gir-um-bit National Park is an internationally significant roost site for migratory shorebirds, and an ideal birdwatching spot for international migratory birds who feed and roost over the summer months.

Fig 1: Cockle Shell Point Roost Site, Gir-um-bit National Park, Swan Bay

Port Stephens is recognised as the second most important site in NSW for migratory and endemic shorebirds.  

The Swan Bay area – specifically the Cockle Shell Point wetland – supports the largest population of some of the shorebird species in Port Stephens. It is the most important site in Port Stephens for the critically endangered Far Eastern Curlew, a migratory shorebird, and the largest of the international travellers.

Some birds use the site for roosting at high tide while others are seasonal or permanent residents. The site is located within the Gir-um-bit NP immediately opposite the proposed development. See the location map – Fig 1.

About Far Eastern Curlews

The Far Eastern Curlew is the world’s largest shorebird. Its massive down-curved bill renders it unmistakable amongst the shorebirds of Australia. They are “coastal obligates” – only found at tidal mudflats or at nearby roost sites.

Far Eastern Curlew with their massive down-curved bill are quite distinctive.
Photos: Neil Fraser

In our region, the Hunter Estuary and Port Stephens are the strongholds, each hosting 100 or so birds each summer. Sadly, their numbers have crashed locally in the past few decades, and also in Australia generally. The Hunter Estuary and Port Stephens each once hosted many hundreds of the Far Eastern Curlew and were rated as internationally significant sites (i.e. hosting more than 1% of the total population). Alas, that is no longer the case. Recent studies suggest that the decline may have plateaued. Let’s hope so, but the situation is tenuous for this species.

Fun facts

  • Far Eastern Curlews breed in Eastern Siberia
  • Curlews have a patron saint – St Beuno, a holy man from the 7th Century. Beuno was so grateful to a curlew for rescuing his prayer book after it fell into the sea, that he blessed the bird and asked for all curlews to be protected.

The Development Application & the issues

Situation:

In July 2025, Port Stephens Council REFUSED a Development Application for construction of tourist and visitor accommodation comprising 34 cabins, a manager’s residence and associated communal facilities at 1107 Swan Bay Road, Swan Bay (DA No. 16-2024-611-1 on Lot 14 DP 1177850). The cabins were proposed to be built on stilts, 2.3m above existing ground level (to respond to flooding constraints).

Potential Swan bay tourist development site,
Lot 14, July 2022, Photo: Mick Duncan

Port Stephens Council identified that “The locality contains environmentally sensitive land including estuarine and riparian habitats, national park, and endangered species. The locality is typically constrained by flooding and bushfire hazards, with the natural surrounds mapped as having high biodiversity value.

The population of Swan Bay is low, with dispersed dwellings and access to limited local services, relying on nearby centres such as Raymond Terrace and Karuah for access to commercial, educational and community facilities. With consideration of the Port Stephens Strategic Planning Framework, urban intensification has not been identified in this locality.

… The key issues identified during the assessment relate to flooding, site services, rural character, traffic impact and the overall suitability of the site for the proposed development.” (Port Stephens Council Meeting Minutes, 22 July 2025)


The applicant appealed Council’s refusal to the Land and Environment Court (LEC) of NSW


During May 2026, conservation groups prepared a combined submission to the LEC

Fortunately the Hunter Bird Observers Club (HBOC) had been surveying birds at Swan Bay every month since July 2000.

Lead by the HBOC, and in partnership with the National Parks Association (Hunter Region) and EcoNetwork Port Stephens, we combined expertise to highlight the importance of this area for migratory birds, and in particular the Far Eastern Curlew.

Shorebirds and other threatened species recorded at the site 2020-2026 are listed below in Table 1.

Table 1: Shorebirds and other threatened species
recorded 2020-2026 at Swan Bay

Read more Submission >>

Neil Fraser with board used onsite at the LEC hearing (though taken elsewhere)

Monday morning 18 May an on-site hearing was held before the LEC Commissioner.

Neil Fraser from HBOC, EcoNetwork member, and keen bush regenerator with Friends of Tomaree National Park, was one of six community members to present to the Commissioner.

20 May 2026, the Applicant sought Council’s consent to discontinue the Land and Environment Court proceedings regarding DA-146/2025 (DA).  

21 May 2026, the Council provided its consent, and the Court granted the discontinuance.


As the matter has been discontinued, the Council’s decision to refuse the DA stands. Therefore, the DA remains refused and cannot proceed, and there is no approval for the proposed tourist and visitor accommodation at 1107 Swan Bay Road, Swan Bay.

Further reading