The Court in First Instance Bonaire, St. Eustatius, Saba convened in the Government Guesthouse in St. Eustatius to hear the appeals against the Amendment Plan NuStar Terminals St. Eustatius. With the Amendment Plan, the Executive Council of St. Eustatius tried to change the Spatial Development Plan of the island for the construction of a new oil storage facility right next to Oranjestad and within the flight path of the airport.
The Amendment Plan was later withdrawn by the Executive Council. Mr. B.G. Hofman, legal representative of the St. Eustatius Executive Council, therefore asked the judge to declare the cases inadmissible or without grounds. However, the four parties who filed an appeal made it clear to the judge that their appeals are explicitly directed against three things. Two of these were part of the Amendment Plan that has been withdrawn. But the third is the particular use by the Executive Council of article 40.1 of the Spatial Development Plan. This part of the appeal still stands as it is not part of the Amendment Plan itself.
The appeals were filed by Mr. R.C. Hook, Ms. Linda Berkel, Mr. Lennard Sprott and the Statia Safe & Sound Foundation (SSS). Present at the court session were Ms. Berkel, Mr. Sprott and on behalf of SSS Walter Hellebrand, "Joshua" Spanner and Olga Schats-van Driessen (also representing Messrs. Hook).
The four plaintiffs explained to the judge that the Executive Council used article 40.1 of the Spatial Development Plan in a way that vastly exceeds the purpose of that article and that without a condemnation by the Court of this interpretation of the article, their legal security will be severely compromised. As Mr. Sprott explained in his plea: "Otherwise the situation may arise that I come home from a medical procedure in Colombia only to find that without anybody discussing this with me before, I will have 30 meter high oil tanks next to my fence."
Mr. Hellebrand commented that he was pleasantly surprised to see that there was a real Court in session since according to the letters sent to the plaintiffs by the Court they were all summoned to attend a hearing by the Court of First Instance Bonaire Sint Eustatius Aruba, a court that does not exist. A Court with the name of Saba on the end does.
The judge, Mr. R. van Veen, will announce his verdict on 19 February.
