Sets Transient Occupancy Permits Petitioners Of Aquaculture Concessions That Indicates

Original Language Title: ESTABLECE PERMISOS DE OCUPACION TRANSITORIA A PETICIONARIOS DE CONCESIONES DE ACUICULTURA QUE INDICA

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"Article 1.-the direction General of territory maritime and merchant marine, prior favourable report from the national fisheries service, you can grant permissions transient occupancy in the coastline for a period of two years, renewable only once for a period of one year, the petitioners of aquaculture concessions that have submitted their applications before December 31, 1994. This benefit may be also granted to those who is found in any of the cases referred to in the fourth, sixth or seventh subparagraphs of article 5 ° transitional of law No. 18.892 and its modifications.
The application of transient occupancy must be presented by the person concerned at the offices of the national fisheries service and addressed to the Director-General of the maritime territory and merchant marine. This presentation shall indicate the individualization of the petitioner, reiterate the requested area and the species to grow and number of entry of the application for granting concerned or a copy of this with its corresponding certification. Where is failing to carry to the above service will return the background.
Received the request by the service, this should be checked as follows: to) that there is request for granting aquaculture welcome to process prior to December 31, 1994, or that the respective application is in any of the situations referred to in the fourth, sixth or seventh subparagraphs of article 5 transitional of law No. 18.892 and its modifications , and complies with the requirements established for each case, as appropriate.
(b) that there is total or partial overlap with another award of aquaculture already granted or pending, presented previously for the same sector.
(c) that the requested sector is in areas authorized for the practice of aquaculture. Shall be deemed to meet this requirement the applications referred to in the fourth subparagraph of article 5 transitional of law No. 18.892.
(d) to meet distance standards established by presidential decree, where appropriate.
(e) only in cases that request following a request referred to in subparagraphs is fourth or sixth article 5 ° transitional of law No. 18.892 and its modifications, the resolution of the under-Ministry of fishing referred to the respective authorization to initiate aquaculture activities was existing on September 6, 1991.
The national fisheries service, verified compliance with the relevant requirements shall forward to the General Directorate of the maritime territory and Merchant Navy, within the period of 15 working days from the date of receipt of the request for temporary occupation, the respective report, which should be noted, in addition, the geographic coordinates and the extension of the requested sector. It will also accompany its report a copy of the certificate issued by the maritime authority that proved that the sector in question is not overlaying with other maritime award granted or pending. Where the service report is not favourable, it must inform the person concerned by registered letter, who can rectify its transient occupancy permit application only once, within a period of 30 working days from the third post office that day.
The General Directorate of the maritime territory and merchant marine must resolve the request within a period of 15 working days from the date of receipt of the report referred to in the preceding paragraph. You can not grant temporary occupation permit where the requested sector overlap, totally or partially, with a concession or maritime destination granted or pending. If it does not dictate the resolution within that period, having favourable report from the service, means that the temporary occupation permit has been granted from the day following its maturity, unless there is overlap with other types of concession or already granted destination.
The temporary occupation permit or its refusal will be notified to the applicant by registered letter.
Granted temporary occupation permit, the Local maritime authority will deliver the respective sector within 30 days following the granting and minutes of the operation. The person concerned must have the species listed in the permit within 60 days of delivery, reporting of this fact within the same time limit to the national fisheries service. Breach, there will be the expiration of the respective permission, for which the national fisheries service shall inform the General Directorate of the maritime territory and merchant marine, which will proceed to the respective decision, the person concerned being unable for any other similar permit, be it refers to the same or another sector, without prejudice to keep pending the respective applications.
The beneficiary of the temporary occupation permit will be the sole and exclusive responsible for jobs and investments they make in the sector, as also of any damage or prejudice that causes or may cause to third parties, without any liability to the State. Temporary occupation permit will not other rights than those referred to in this law, shall not be subject to any act or legal business, does not give any right or preference for the definitive award of aquaculture, or limit, in any way, the right of the State to grant or refuse to grant final. Similarly, the granting of the final granting or revocation or limitation of the temporary permit does not give right to any compensation for damages with respect to the State.
During the period of temporary occupation the petitioner will be fond of the payment of the single patent of aquaculture, referred to in article 84 of the law No. 18.892 and its amendments, for which purpose the General Directorate of the maritime territory and merchant marine shall inform promptly the Undersecretary of the Navy of the permits granted.
Beneficiaries of temporary occupancy permits who is denied the request for grant of aquaculture or renewal of the permit of transitory occupation referred to the sector upon which rests the respective permit, have a period of six months to return it to the Local maritime authority. In the event that the culture conditions justify it, according to a technical report issued by the under-Ministry of fishing, the Undersecretary of Navy may authorize an extension of this period only once. With regard to improvements or constructions made by the beneficiary shall be pursuant to the regulation of concessions and authorizations for aquaculture.