A Queensland court will decide whether a controversial luxury resort development should go ahead on the Fraser Coast, amid concerns for marine life.
The Fraser Coast branch of the Wildlife Preservation Society of Queensland lodged a notice of appeal with the Planning and Environment Court on Monday, asking it to set aside the local council's razor-thin approval of the $450 million Sheraton Resort Hervey Bay complex.
The appeal notice says the light emanating from the building will have an adverse impact on endangered sea turtles and migratory shorebirds nesting and feeding near the development site.
An artist's impression of the planned Sheraton Resort. (Supplied: Sunny Beach Land Pty Ltd)
Wildlife Preservation Society of Queensland member Paul Murdoch said the appeal's outcome would reveal the strength of state government environmental codes requiring development to avoid illuminating the Hervey Bay coastline.
"This will be an important legal test of just how much protection is afforded to the environment and marine turtles and shorebirds through the regional plan," he said.
"The contribution that will make to helping preserve environment and wildlife will become clear."
Wildlife Queensland says the hotel will adversely impact endangered loggerhead turtles. (Supplied: Gnaraloo Wilderness Foundation)
In its application to Fraser Coast Regional Council, the developer, Sunny Beach Land Pty Ltd, proposed the use of "best practice lighting design" to avoid light shining directly on the beach and ocean.
It said natural vegetation and sand dunes would also provide some protection.
Hervey Bay's Coral Watch ambassadors have been fighting against the resort development. (ABC Wide Bay: Johanna Marie)
Mr Murdoch said this commentary from the developer was a "nebulous throw-away line".
"It's got no detail, and the reality is that marine turtles in particular are very, very sensitive to and very seriously affected by artificial light," he said.
Developer Sunny Beach Land says the resort will create significant economic benefits. (Supplied: Sunny Beach Land Pty Ltd)
Director of Sunny Beach Land, Dan Cuda, said the developer had engaged Brisbane law firm Corrs Chambers Westgarth to "rigorously defend" the project's approval.
"We have previously acknowledged that a vocal minority opposes the project despite the major economic, employment and social benefits it will bring to the Fraser Coast region," he said.
"We are keen for the appeal to be heard as soon as possible."
A Fraser Coast Regional Council spokesperson declined to comment due to the matter being before the courts.