WILLEMSTAD – The Curaçao government has formally defended the controversial Zakitó development project, arguing that neither an environmental impact assessment nor a nuisance permit is required under current legislation. The position was outlined in court documents submitted by the Ministry of Health, Environment and Nature (GMN) in response to a legal challenge brought by Movimentu Save Zakitó on behalf of residents opposed to the project.
The case centers on the large-scale waterfront development planned for the Zakitó area, which has sparked concerns among nearby residents and environmental advocates over its potential impact on public health, marine ecosystems, and the surrounding community.
In its defense, the government maintains that Curaçao's legislation does not require a comprehensive environmental impact assessment for the project. According to the ministry, there is currently no legal framework identifying specific categories of developments that automatically trigger such a requirement. As a result, the government argues that no environmental regulations have been violated.
The ministry also rejects claims that the project should have obtained a nuisance permit before construction activities commenced. According to the government's interpretation of the Hinderverordening (Nuisance Ordinance), residential towers are not among the activities that require such a permit. The same reasoning, the ministry argues, applies to the dredging operations associated with the project.
Government Says Project Was Evaluated as a Whole
A key element of the government's defense is its assertion that the project underwent a coordinated review process despite the issuance of separate permits.
According to the court filing, various aspects of the development were examined by an interdepartmental working group that included representatives from multiple government agencies. The review process reportedly considered hydrodynamic studies, soil analyses, and ecological assessments before approvals were granted.
Government officials argue that this approach ensured that the broader implications of the project were adequately evaluated, even without a single overarching environmental review.
Questions Raised Over Public Notification
The court documents also reveal that the government acknowledges there is no legal basis for the previously used 200-meter notification radius applied to inform nearby residents about dredging activities.
According to the ministry, the distance was selected as a practical measure rather than a legal requirement. Officials state that the radius was chosen because significant impacts beyond that zone were not expected.
The admission may become a point of contention in the ongoing legal proceedings, as opponents of the project have argued that public consultation and notification efforts were insufficient.
Historic Pollution Confirmed
The government's filing further confirms that portions of the Zakitó area are historically contaminated.
According to the ministry, the dredging works are intended in part to support remediation efforts in the area. Investigations reportedly identified contamination, including the presence of mineral oil in the seabed.
Officials argue that the planned works could therefore contribute to environmental cleanup rather than solely serving development purposes.
Residents Continue Legal Challenge
Movimentu Save Zakitó disputes the government's arguments and continues to oppose the project.
Residents argue that the development was deliberately divided into separate components to avoid a full environmental review. They maintain that the scale of the project and its potential effects on the environment and public health warrant a comprehensive environmental impact assessment.
The dispute is expected to be one of the key issues examined by the court as the legal battle over the future of the Zakitó development continues.