The sixth transitional provision of the consolidated text of the law of the State and the merchant marine, ports approved by Royal Legislative Decree 2/2011, of September 5, States that use plans as to the entry into force of law 33/2010 of 5 August, modification of the law 48/2003, of 26 November economic regime and provision of services of general interest ports, are in the pipeline, its content must comply with provisions of article 96 of the law 48/2003, in its original wording.
Law 48/2003, of 26 November, economic regime and the ports of general interest services, establishing in its article 96 that delimit the Ministry of public works in the State-owned ports a service area that will include land and water spaces necessary for the development of port applications, defined in article 94.1 of the Act , reserve spaces that guarantee the possibility of development of port activities and those that can be used for non-port applications, mentioned in that article. This delimitation shall be effected through the use of port spaces.
Record the Plan of use of spaces port of the port of San Sebastián de La Gomera began with consultation, date April 8, 2010, elevated to the Directorate-General for quality and environmental assessment, the then Ministry of environment, rural and Marine Affairs, relative to the need or otherwise of that this Plan be submitted to the handling of environmental assessment established in law 9/2006 , 28 April, on assessment of the effects of certain plans and programmes on the environment.
In response to the query made, this Directorate-General met, dated May 6, 2010, that the Plan of utilization of the space port of the port of San Sebastián de La Gomera is not included in the scope of the law 9/2006 of 28 April, on assessment of the effects of certain plans and programmes on the environment.
Subsequently, the Board of Directors of the port authority of Santa Cruz de Tenerife, in session on July 23, 2010, adopted the agreement approving the proposed Plan of utilization of the space port of the port of San Sebastián de La Gomera and boost its processing.
In accordance with the provisions of the sixth transitional provision of the consolidated text of the law of the State ports and merchant marine, approved by Royal Legislative Decree 2/2011, 5 September, the record is has been processed as set out in the law 48/2003, of 26 November, economic regime and the ports of general interest services , in its original wording.
The port of San Sebastián de La Gomera does not have a prior delimitation of its ground service area approved by Ministerial order, either using the use Plan instrument, or by the project's service area.
The first additional provision of Act 27/1992, of November 24, the State ports and merchant marine, collected in the first additional provision of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September, establishes that until the adoption of the Plan of utilization of port spaces should be considered service area the existing at the time of the entry into force of the referred law 27/1992, of November 24.
Thus, for the determination of the current service area, he has attended in article 47 of the regulation for the execution of the law on ports of 1928, where established «forming an integral part of the service area, without the need for special determination, the land adjacent to the springs or cattle to the sea by any procedure and strip the maritime zone limited by works whose project has been approved» , and article 93 of the law 48/2003, of 26 November, economic regime and the ports of general interest service provision, where the assets that comprise the port public domain are defined.
Accordingly, it was considered as an area of ground service of the existing port at the time of the drafting of the Plan that based on the demarcation of the maritime public domain land approved in the zone, works carried out by the various port agencies, and concessions granted so far, not having been is challenged during the processing of the record.
The delimitation of zones I and II of waters in the port of San Sebastián de La Gomera was established by Ministerial order of 30 October 1989.
With this Plan are incorporated into terrestrial service area the works that were implemented at the beginning of the record and intends the deallocation of those unnecessary spaces to the port activity.
The Board of Directors of the port authority of Santa Cruz de Tenerife, in a session held on July 23, 2010, agreed to approve the proposal of the Plan for use of spaces port of the port of San Sebastián de La Gomera.
Information was sought from the mandatory reports pursuant to article 96 of the law 48/2003, of 26 November, economic regime and the ports of general interest services, and the document was subjected to the procedure for public information for the period of forty-five days, by notice in the official bulletin of the Canary Islands No. 33 , February 15, 2011.
The port authority of Santa Cruz de Tenerife, after analyzing the reports and allegations presented, and detailing the reasons why not considered the various allegations, approves, by agreement of the Board of Directors, date 2 December 2011, modify the document submitted for processing in the way only correct the text of the memory, in order to clarify the administration which corresponds to the pumping station located under the management port service.
Received record in State ports, this summons, dated 22 December 2011, the General direction of sustainability of the coast and sea and the port authority of Santa Cruz de Tenerife to consultation period established in the law and requested the first, if there is no objection, issued the report. Subsequently, requests the rest of mandatory reports.
Received the report favorable, but conditioned the General direction of sustainability of the coast and the sea, dated May 31, 2013, the port authority of Santa Cruz de Tenerife elaborates, in accordance with that report, a proposal for corrective measures to be implemented prior to the deallocation of the land that will be passed to the use of the terrestrial public. This proposal has been reported favorably, dated July 8, 2014 and adopted by the Board of Directors of the port authority of Santa Cruz de Tenerife at meeting held on September 17, 2014.
Finally, the public entity Puertos del Estado reported favorably the use Plan, to respond to the current needs of the port of San Sebastián de La Gomera and observe that the requirements laid down in article 96 of the law 48/2003, of 26 November, economic regime and the ports of general interest services met.
In his virtue, a proposal from the port authority of Santa Cruz de Tenerife, and the President of Puertos del Estado, with the agreement of the Secretary of State for infrastructure, transport and housing, fulfilled the formalities required by the legislation in force, I have: first. Approval of the Plan for utilization of the port areas.
Approves the Plan of utilization of the space port of the port of San Sebastián de La Gomera, drafted in accordance with the law 48/2003, of 26 November, economic regime and the ports of general interest services. The document shall be deposited a copy duly stamped in the Ministry of development, another in State ports and a third at the port authority of Santa Cruz de Tenerife.
Second. Distribution by areas of applications.
Land service of the port area is divided into seven functional areas represented in the drawing no. 5 of the document, which is assigned, duly justified, the corresponding Basic applications, which then are exposed: port commercial Area. With an area of 37.687 m2, the area destined to commercial use port maintains its current location housing the three alignments of the dock shelter, the Jetty of Marina, the esplanades of pre-shipment and areas of embarkation, the path to the port and the area occupied by the maritime station. You are also assigned this use the surface generated by the works of extension of the breakwater.
Complementary port use area. This area has two components, the new port Esplanade of the Roque de La Hilla, with an area of 15.311 m2, and the tunnel of communication between the port and the beach of the cave, with an area of 427 m2.
Mixed use area: complementary port use and applications not compatible port with the port activities. With an area of 4.839 m2, this area maintains its current location, which coincides with the Strip parallel to the path to the port, located at the foot of the slope, existing, and occupied by the following facilities: deposit of agua-Mirador, building of the Casa del Mar; Social Institute of Navy; Building commercial-restaurant and Comercial-Surtidor building. This area also includes the existing green areas between the access road and the foot of the slope and the existing surface at the rear of the Comercial-Surtidor building of fuel.
Sport port usage area. With an area of 2,259 m2, is considered with sport port use the area occupied by the marina of the port except the area that currently occupy the shipyard facilities.
Mixed use area: sport port use and applications not compatible with the activity of the port port. With an area of 2,843 m2, this area conforms it current grounding of the sports marina of the port area.
Area of applications not compatible port with the port activity. With an area of 7.499 m2, spaces for purposes not port compatible with port activity the area occupied by the Yacht Club facilities and Esplanade attached near the entrance to the existing tunnel are considered, and the strip of existing land at the foot of the Roques de La Hila attached to the surface of complementary port use.
Condition port area. With an area of 8.382 m2, the port condition area maintains its current location covering the surface of slopes for service area.
Third party. Delimitation of the area of ground service.
The proposal of delimitation of the area of ground service means the exclusion of some considered unnecessary land, which are described in the fifth provision of this order, and the incorporation of those surfaced by recent construction works.
The land boundary in the new area of service is graphically described in flat # 4.3 of the document, including the UTM coordinate of points that define it and, literally, in paragraph 10.2. memory, called «delimitation of the zone's land service».
Room. Delimitation of the zone of water.
The delimitation of the area of water is defined as follows: zone I, or inside of the port waters: is the area of water bounded by the dique-muelle of the port, the coast, the imaginary straight line that connects the nose of the dyke with UTM coordinates point (X = 292.317, 18;) Y = 3.108.064, 78) and the imaginary line that, booting into the jog of the dam from the marina of the port protection, reaches the bathymetric - 5 towards NS, continues following the bathymetric - 5 and with e-w direction meets the end of the South Jetty of the existing beach. Flat No. 6.1 of the document includes the delimitation of the waters of the zone I.
Zone II, or outside of port waters: is the area of waters is not zone I and that falls between the coast, the Parallels of punta El Cabrito, to the South and Punta La Hila, to the North, and the meridian of Punta de San Cristóbal, with exclusion, South of the port facilities, the waters of the strip of 200 metres wide bordering the coast between the Punta El Cabrito and the point of UTM coordinates (X = 290.985, 69;) Y = 3 107 054, 41), and the waters of the strip of 100 m wide adjacent to the coast, from the previous point to the point of UTM coordinates (X = 290.070, 32;) Y = 3.107.778, 05) located to the North of the beach of Machal. Zone II of waters is graphically represented in the drawing no. 6.2.
Fifth. Reversals of the service area.
It decommissions the port public domain and is excluded from the service area of the port of San Sebastián de La Gomera the plot of 6.608 m2 of surface, corresponding to the Roques de la Hila and the Esplanade which currently occupies the so-called "Plaza del Mar» existing at the feet of los Roques.
Agreed the deallocation proceeds its incorporation to the use of the domain public maritime land regulated by law 22/1988, of July 28, of coasts.
However the previous, incorporating no means effected until the port authority of Santa Cruz de Tenerife has not implemented the corrective measures agreed with the General direction of sustainability of the coast and the sea, which are detailed in the letter from the port authority, date of November 14, 2013, which work on the record , and which can be summarized as follows: installation of handrails on the stairs of stone, at the edge of the promenade which goes to roque and the stairs of access to the existing viewpoint.
Placement of a gate for the control of access to the shoulder.
Measures to improve the aesthetics of the work's passage to the roque de La Hila by a lining of stone, as well as painting the interior of the Gallery of step.
Improve and repair the system of nerves in the work of channeling of the override.
Repair of the existing wall at the foot of the steps, on his contact with the sea.
Replacement of parts which are missing on the pavement, as well as in the side walls of the paseo de roque.
Repair and improvement of the security of the access stairs to the torch at the end of the roque and steps to prevent access to the highest stage where the torch is located.
They desafectan of the public port domain and are excluded from the service area of the port of San Sebastian de La Gomera following water spaces: in area I of waters, the space delimited by the coast, Dyke protection of the Navy until the jog, the imaginary line that, booting the jog, reached the bathymetric - 5 with n-s direction prolonged following bathymetric - 5 and e-w direction, lies with the end of the South Jetty of the existing Beach, and this latest breakwater to its meeting with the coast.
In zone II of waters, the following areas: to the North of port facilities, all the waters of the zone II between shoreline, the tip of San Cristobal Meridian and parallel of punta de La Hila.
To the South of port facilities, in a first section between punta El Cabrito and the point of UTM coordinates (X = 290.985,69; Y = 3.107.054,41), 200 m adjacent to the coast Strip. Between the last point and the point of UTM coordinates (X = 292.070,32; Y = 3.107.778,05), excluded a strip adjacent to the coast of 100 m in width.
These areas of water preserved the natural characteristics of goods of terrestrial public, of those defined in article 3 of the law 22/1988, of July 28, of coasts, so it proceeds its automatic incorporation to the use of the terrestrial public regulated by that Act.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 30 November 2015.-the Minister of public works, Ana María Pastor Julián.