WILLEMSTAD – A resident who requested information about a controversial hotel project and possible land reclamation at Marie Pampoen will not receive a substantive court ruling, after the government released the requested documents during the legal proceedings.
The case concerns a request filed under the National Ordinance on Public Access to Government Information (Lob), seeking insight into construction permits and related approvals tied to a project linked to the expansion of the Baoase Resort. The development includes plans for twelve hotel suites and potential land reclamation at sea.
The Minister of Traffic, Transport and Urban Planning failed to respond within the legal deadline of six weeks, effectively constituting a refusal to decide. The resident subsequently took the matter to court.
However, during the proceedings, the government provided access to the construction file and copies of the relevant documents. According to the minister, no additional permits existed that fell within the scope of the request.
The Court ruled that the purpose of the request had therefore been fulfilled. As a result, the case lacked what is legally known as “procedural interest,” leading to the appeal being declared inadmissible.
The ruling highlights how the Lob functions in practice. Authorities are required to respond to requests within three weeks, with a possible extension of another three weeks. If they fail to do so, applicants can seek judicial intervention.
However, the Court emphasized that the procedure is primarily intended to compel the release of information, not to sanction authorities for delays. Once the requested documents are provided, the legal basis for the case disappears, and no further judgment is issued on the matter.