WILLEMSTAD – The Court has suspended the permit allowing the relocation of protected corals for the planned expansion of Baoase Luxury Resort, ruling that the Ministry of Health, Environment and Nature (GMN) failed to sufficiently justify why the project outweighs the environmental impact on protected marine life.
In a ruling issued today, the Court granted a request for a preliminary injunction against the exemption previously issued by GMN. The exemption had allowed the resort to relocate corals as part of a land reclamation project tied to the expansion of Baoase Resort.
According to the Court, the ministry did not adequately explain why the reclamation project represents such an important public interest that it justifies affecting protected coral formations.
The judges stated that broader legal questions — including whether the minister may weigh marine environmental values in such decisions and whether coral relocation is even necessary given the condition of the project area — go beyond the scope of the interim proceedings and must instead be addressed during the full appeal case.
To prevent irreversible environmental consequences before a final judgment is issued, the Court decided to suspend the exemption until six weeks after the final ruling in the appeal proceedings against the GMN permit.
Until then, no work may be carried out under the suspended exemption. The ruling specifically prohibits demolishing, cutting, loosening or otherwise disturbing corals within the project area.
The Court noted that, in anticipation of today’s decision, it had already imposed an earlier temporary measure suspending the effect of the permit. Corals that had already been detached before that emergency order may still be relocated to designated areas.
Baoase has been working since 2021 on plans to expand the luxury resort on the eastern side of the property through land reclamation. Multiple studies were conducted over the years, including environmental research into coral formations in the proposed expansion area and the feasibility of coral relocation.
For the project to proceed, Baoase requires both a maritime management permit under the National Ordinance on Maritime Management and an exemption under Curaçao’s Coral Reef Management Ordinance.
The Ministry of Traffic, Transport and Urban Planning (VVRP) granted the maritime permit, while GMN approved the coral relocation exemption. Appeals were filed against both decisions.
The Court expects to hear the substantive appeal cases during hearings scheduled for September 2026.