Former minister questions general ban on UTVs and ATVs: “ROPV gives Government tools to regulate and protect; it does not relieve Government of its responsibility to govern”
If the Government says the law forces it to close access to the North Coast, show the law, show the article, and explain to the public exactly what it prohibits. With that challenge, former PPA leader and former Minister of Infrastructure and Environment, Otmar Oduber, directly enters the controversy surrounding UTVs, ATVs, tour operators, and the protection of the North Coast.
Oduber’s position is clear: nature must be protected. But protection does not mean the Government can stop governing and simply ban an entire activity.
“If there is a law that says this, which one is it? Show me,” Otmar Oduber stated during a press conference.
ROPV is to regulate, not to hide behind
Oduber knows the spatial planning process up close. During his tenure as minister, his ministry worked with planning instruments, natural area protection, and the introduction of construction/alteration permits (aanlegvergunning). The 2021 ROPV indeed establishes in Article 5 a permit system for activities that could alter land or affect natural, ecological, archaeological, or geological values. The article also gives the minister authority to impose conditions to protect those values. However, Oduber’s argument is that the Government must apply the framework with precision. According to Oduber, one cannot simply use “ROPV” as the final word and ban an entire sector without explaining which zoning, which article, and which rules apply.
Article 10: Government can protect areas
Oduber referred specifically to Article 10 of the Nature Conservation Ordinance (Natuurbeschermingsverordening), which forms the basis for designating an area as a nature reserve (natuurreservaat). Oduber’s point is that the tools to protect nature are already there. He also recalled that during his time as minister, he pushed for the protection of various natural areas, the Marine Park, and other environmental measures.
Therefore, he does not accept reducing the debate to: “are you pro-UTV or pro-nature.” For Oduber, that is a false choice.
“Install GPS. Set routes. Inspect. And penalize.”
Oduber put a concrete alternative on the table. Serious tour operators already work with GPS. The Government can establish authorized routes and connect monitoring to DNM or another competent authority to supervise and control usage, as that is what is currently lacking. If a UTV or buggy goes off route, the operator is penalized. If they continue to do so, stronger penalties are enforced. Enforcement (handhaving) must take place.
And if an operator repeatedly violates conditions, Oduber believes the Government should be able to enforce the consequence of revoking their operating license. This is not a new idea from Oduber either; back in 2019 as minister, he publicly spoke about a system to withdraw or revoke ATV/UTV licenses if operators failed to comply.
Do not let a lawsuit govern Aruba
Oduber’s most political critique targets what he considers a lack of decision-making by the Government. The fact that an organization or individual can go to court does not mean the Government must paralyze its own authority. There is currently an ongoing court case regarding the protection of the North Coast and UTVs/ATVs.
However, according to Oduber, if the Government is convinced its policy is correct, it should set conditions, justify them legally, and defend them before a judge. “A single person cannot hold a country hostage.” The Government must protect cliffs, flora, fauna, and vulnerable areas, but it must do so through laws, zoning, routes, permits, monitoring, and enforcement.
Not by automatically punishing all operators due to a lack of control over those who violate the rules. “Protect nature. But govern. Show the law, establish the rules, and do everything possible to enforce them,” Otmar Oduber expressed in conclusion.
