[Coral-List] Breaking News for Bonaire National Marine Park: Court acknowledges the importance of proper nature conservation legislation to protect the Natural Capital of Bonaire.
Anouschka van de Ven
communications at stinapa.org
Tue Jul 21 10:28:08 EDT 2015
Court acknowledges the importance of proper nature conservation legislation
to protect the Natural Capital of Bonaire.
The amendment of Bonaire¹s Spatial Development Plan (ROB) to allow building
activities in the heavily protected marine park are in violation of the law,
regulation and nature policy of the island.
21 July, Bonaire - Six weeks ago, the BES Court of First Instance heard the
second round of appeals against ongoing government attempts to open the
Bonaire National Marine Park to development that could have irreversible
negative impacts on the marine ecosystem. Yesterday morning, plaintiffs STCB
and STINAPA, received the decisions of the BES Court of First Instance.
1. The amendment of Bonaire¹s Spatial Development Plan (ROB) to re-zone
the locations next to Karel¹s Beach Bar, and at the defunct Green Parrot
restaurant property, from ³Marine Park,² a protected zone, to ³Center,² an
urban development designation, has been annulled by the Court of First
Instance. The Court ruled that the change made to the zoning plan was
inadequately motivated and the Court noted that the laws and policies that
have for decades protected the value of the marine park were not considered
by the local government.
2. Court of First Instance ruled against enforcement of the removal of
the 34 pillars. The argument is that no harm is done to the marine
environment and therefore local government is not obliged to enforce the
removal of the pillars until it is completely clear whether or not the
proposed pier can be built.
3. The Court of First Instance decided that the change of the Nature
Ordinance is not subject to appeal, however, the Court has annulled the
granted permit for the development of the pier in the Marine Park with
parcel numbers 4-D-626 and 4-D-627 since this permit cannot be dissociated
from the annulment of the zoning plan.
STCB and STINAPA are pleased with this verdict, as the annulment of both the
re-zoning plans as well as the permit issued for development reiterates the
importance of Bonaire National Marine Park for Bonaire¹s future and the need
for good governance by the local government. Berend Haagen, associate
attorney at NautaDutilh, represented STCB and STINAPA. The defendant is the
Public Entity Bonaire (OLB). Its case was argued by HBN Law.
Anouschka van de Ven
Bonaire, Dutch Caribbean
T: +599 - 717 8444
mail:communications at stinapa.org
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