Fini’s $280M Smiths Beach Project Clears Watchdog Hurdle

Smiths Beach Development Gets Nod from EPA Amidst Strong Local Opposition

A protracted battle against development at Smiths Beach, a cherished coastal spot in Yallingup, Western Australia, has taken a significant turn. The Environmental Protection Authority (EPA) has recommended the approval of a substantial $280 million project, a decision that has deeply disappointed long-term local residents and environmental advocates. This recommendation arrives five years after the initial proposal was lodged by Adrian Fini-led developer Smiths 2014 Pty Ltd.

The proposed Smiths Beach Project encompasses a 42-hectare site and includes a range of facilities designed to boost tourism and local amenities. These include a hotel, a wellness centre, 61 holiday homes, a campground, a community hub, and a surf lifesaving club. The EPA’s recommendation was made public on a Tuesday, just six days after Environment Minister Matthew Swinbourn gave the green light to a separate, albeit significant, development: Saracen Properties’ 121-room five-star Westin resort and residential village in Gnarabup, located south of the Smiths Beach site.

Conflicts of Interest and Environmental Concerns

Notably, the EPA’s press release addressed potential conflicts of interest within its own ranks. It explicitly stated that “several members” of the EPA, including Chair Darren Walsh, had declared a conflict of interest concerning the Smiths Beach proposal. These individuals were therefore excluded from all related discussions and decision-making processes. Mr. Walsh has a notable background in the development sector, having previously worked for Satterley Property Group and JBS&G, an environmental consultancy that assisted Fini’s company in preparing its application to the EPA. The EPA also confirmed that board members Jane Bennett, David Caddy, and Hamish Beck similarly recused themselves from discussions pertaining to the Smiths Beach project.

For over two decades, the Save Smiths Beach Action Group has been at the forefront of local resistance, campaigning against development at the site. Their concerns are multifaceted, ranging from the extensive land clearing required, the potential fire risks associated with increased population density, the impacts of sewage on the delicate marine environment, and the controversial use of the State Development Assessment Unit (SDAU) to expedite planning approvals. The project has also drawn criticism from the political opposition, featuring prominently in an ongoing parliamentary inquiry into the Labor Government’s planning procedures.

Echoes of Past Rulings and Developer’s Vision

David Mitchell, convenor of the Save Smiths Beach Action Group, expressed his dismay, asserting that the EPA appeared to have disregarded its own previous rulings. He pointed to a 2009 EPA proposal that had specifically recommended against development on the western half of the project site, situated on the headland. “There’ll be a very happy group of Western suburbs businessmen today. There’s probably a long lunch being had in Subiaco,” Mitchell commented to ABC’s Mornings Program, suggesting a perception of favouritism towards developers. He further criticised the EPA’s recommendation, stating, “They have basically regurgitated the developer’s own proposal, and the EPA has capitulated.” Mitchell emphasised a perceived consensus among government agencies, noting, “It’s universal that all the government agencies are against development on the headland on both visual and environmental grounds.”

The EPA’s recommendation is contingent upon a set of strict conditions. These focus on critical areas such as wastewater management, land clearing protocols, and the implementation of offsets for fauna habitat. The proposed offsets, put forward by Fini’s company, include plans for the rehabilitation of habitat crucial for the western ringtail possum and black cockatoos. These rehabilitation efforts are slated to occur at three designated sites within the state government’s land estate.

Further conditions mandated by the EPA require the developer to actively manage weed infestations not only within the development site but also extending 50 metres beyond its boundaries, including on Crown land. An EPA spokeswoman highlighted the importance of maintaining ecological connectivity: “Maintaining habitat connectivity between vegetation in the development envelope and the Leeuwin-Naturaliste National Park is front and centre of the EPA’s conditions.” She elaborated on other measures included in the proponent’s conservation plan, such as:
* Feral animal control programs.
* Management of nearby offset areas.
* A community-based revegetation initiative.
* Specific requirements for secondary foraging and dispersal habitat for the western ringtail possum, which will involve a conservation covenant to cover establishment, long-term management, and maintenance costs.

Developer’s Optimism and Project History

A spokeswoman for the Smiths Beach Project welcomed the EPA’s recommendation, assuring that the company would fully comply with all stipulated conditions. “Our project team of leading Australian landscape designers and architects have designed the coastal village, including its hotel and community facilities, in a way that is sensitive to the site’s environmental and cultural significance,” she stated. She expressed optimism about the future, adding, “This brings us closer to realising our project vision of creating a world-class seaside village for the benefit of Western Australia and the South-West – enabling the local community and visitors to this state to share and enjoy the best aspects of our lifestyle and environment.”

Adrian Fini has a history of coastal development in the region, having been instrumental in the creation of the Bunker Bay Resort, situated south of Smiths Beach, which opened in 2004. His interest in the Smiths Beach site dates back to 2014, when he, along with several other families, purchased the land. A previous development proposal by the prior owners had also triggered significant community opposition, culminating in a protracted protest campaign under the Save Smiths Beach banner. That earlier proposal eventually faced scrutiny due to investigations by the Corruption and Crime Commission involving several local councillors. The original structure plan under the previous owners envisioned up to 500 tourism and residential dwellings, with the western portion of the land earmarked for dedication as a national park to the state government. Fini’s current proposal, while encompassing a broader footprint, aims for lower density, a strategy he has stated is intended to enhance the amenity and preserve more of the existing vegetation. In a notable concession to community concerns last year, Fini’s company removed a planned ramp to Smiths Beach, which critics had likened to a “sea wall.”

The EPA’s recommendation now enters a three-week public appeal period, during which further submissions can be made. Vasse MP Libby Mettam echoed the disappointment of many locals, also referencing the 2009 EPA decision that had advised against development on the western headland.