Iberostar wins case: Court overturns rejection and orders new decision on nature permit

ORANJESTAD — The Court of First Instance of Aruba has ruled in favor of Ibersol Holding & Management VBA, the company linked to the Iberostar project in Hudishibana, in its appeal against the rejection of the required exemption under the Nature Protection Ordinance. The court annulled the earlier decisions and ordered the competent minister to issue a new decision within three months.      

A central issue in the ruling is that the earlier decision was not taken by the legally competent minister. The court concluded that changes in the 2026 national budget did not automatically transfer responsibility for nature protection. Under the applicable legal framework, the minister responsible for Transport, Integrity, Nature and Elderly Affairs is the one authorized to decide on the exemption request 

The court also criticized the substance of the rejection. The government had relied on broader arguments concerning tourism, the economy, social impact, landscape and archaeology, while the Nature Protection Ordinance is specifically aimed at protecting individual plants and animals belonging to protected species. Those broader interests may be relevant in other procedures, but cannot automatically serve as grounds to refuse this exemption.      

DNM identified 15 plant species and 12 animal species in the area, eight of which are legally protected. The court ordered the minister to examine specifically which protected species could be affected, their importance for the survival of the species and the possible impact on other flora and fauna. Advice from the competent scientific authority must also be obtained.      

The minister must also consider Ibersol’s Environmental Management Plan, including proposals to relocate protected flora and fauna and the possibility of imposing conditions to limit damage. According to the court, that plan was not properly included in the previous assessment 

The ruling does not mean Iberostar has received final permission to build. The project already has a building permit and a development permit, but the nature exemption still has to be reconsidered.      

The Aruban government must also pay Afl. 1,400 in legal costs and reimburse Afl. 25 in court fees for each relevant case. The ruling can be appealed within six weeks.