Judge deals with injunction to prevent oil terminal in ‘Farm’ on St. Eustatius

The court of First Instance convened in the courtroom of the Government Guesthouse in St. Eustatius, Thursday, to hear the injunctions filed against the possibility outlined in the St. Eustatius Spatial Development Plan to construct a new oil terminal in the area known as The Farm. One injunction was filed by O.Schats-van Driessen and L.J. Berkel: and the other by St. Eustatius Monuments Foundation (SEMF), represented by Monuments Director Walter Hellebrand. The injunctions were based on the appeals both parties had filed against the relevant parts of the Spatial Development Plan. Both parties claimed that the preparatory work for the new terminal had already started, even though the required decision of the Executive Council to allow the building of such facilities had not been taken yet. That was their reason for asking for an injunction, as the actual appeal cases will not be dealt with for some months, which means that the preparatory work for the terminal’s expansion in The Farm could still continue in the meantime. SEMF also stated before a capacity crowd in the courtroom that Statia’s cultural heritage had been damaged in the process.

The Island government that passed the Spatial Development Plan was represented by attorney-at-law Bert Hofman. He argued that there was no reason for an injunction, as no decision had been taken by the Executive Council and, if it were taken, there would be possibilities for objections and appeals. The government lawyer also stated that cultural heritage would not be destroyed by any plan. As an affected third party, NuStar was also invited to explain its standpoint. It was represented by lawyer Thies Leijsen, legal advisor C. Rulon and NuStar’s St. Eustatius terminal manager Mike MacDonald.Their arguments were in the same vein as those of the island government. 
 
During the proceedings SEMF brought forward that NuStar had applied for an excavation permit and had obtained one from the island government. Excavations are only permitted if the ground is going to be disturbed. This is not yet the case, as the Executive Council has not passed a decision to allow the construction of a new oil terminal on the site. Excavations themselves disturb the archacological heritage, SEMF stated. Judge Rene van Veen will announce his verdict on Monday, July 25.

Source: local newspaper on St. Martin “The Daily Herald” dated 19 july 2011

NuStar was represented by Thijs Leijsen, attorney at law at the law firm VanEps Kunneman VanDoorne.