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Which Rule Applies?

Beach World Complex Zoning Dispute Complicated by Intervention of Minister of Interior.

(6/4/2011) The legal tug-of-war between Bali's governor and the Badung regency over the fate of the Beach World Complex at Nusa Dua has entered a new phase with the sudden involvement of Indonesia's Minister of the Interior.

The Beach World Complex is an entertainment, dining and sports facility within the Nusa Dua complex  that is in an advance state of construction. At the center of the controversy are permits issued by the regency of Badung allowing the project to go ahead, despite a location only 45-meters from the shore side. Provincial authorities are adamant that the complex is illegal by being closer than 100-meters from the high-water mark and that regency officials violated the 2007 and 2009 zoning law in issuing the building permits. Local residents at Nusa Dua are also complaining that the complex will interfere with public access to the beach for recreational and religious purposes.

Enter the Minister of the Interior who has now issued a letter saying that a 1995 regency zoning law for Badung applies, making the Beach World Complex legal.

According to Bali Post, regency officials are using the Minister's letter to insist that the 1995 zoning law remains in force until it has been formally withdrawn by the Badung House of Repreentatives (DPRD-Badung).

Meanwhile, the Governor's office is not backing down, adamant that the 2007 and 2009 provincial zoning laws have supremacy over any regency law.

Governor Pastika is reported to be disappointed by the Minister of the Interior's letter, but remains confident of the legality and correctness of his steps to enforce Bali's new zoning law.