Article 69 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011 of 5 September, establishes that the Ministry of Public Works will determine in the ports of State ownership of a service area which shall include the areas of land and water necessary for the development of the port uses referred to in Article 72.1 of this Law, the reserve spaces which ensure the possibility of developing the port activity and those that can be destined to uses linked to the port-city interaction referred to in that Article. This determination will be carried out through the Ministerial Order for the delimitation of port spaces and uses.

The Port of La Estaca does not have a prior delimitation of its land service area approved by Ministerial Order, either by means of a delimitation of spaces and port uses or by the previous Plans of Usage, or Service Zone Projects.

In order to comply with the provisions of Article 69 of the Recast Text of the Law of State Ports and the Merchant Navy, the Board of Directors of the Port Authority of Santa Cruz de Tenerife agreed, in session held on November 6, 2013, the beginning of the process of the Delimitation of the Port of La Estaca's Port Space and Uses.

For the determination of the service area in force at the time of the drafting of the Delimitation of spaces and port uses, the additional provision of the Recast Text of the Law of Ports has been taken care of. The State and the Merchant Navy, where it is established that until its approval, it must be considered as a service zone that in force at the time of the entry into force of Law 27/1992, of 24 November, of Ports of the State and of the Navy Merchant.

According to the above, it has been considered as an area of land service of the port in force at the time of the drafting of the Plan that based on the deslinde of the land marine public domain approved in the zone and the works carried out by the various port bodies, not having been questioned during the handling of the file.

The delimitation of zones I and II of waters in the Port of La Estaca was established by Ministerial Order of 30 October 1989.

This delimitation maintains, in general terms, the service area of the current port, although it incorporates to the service zone two parcels that form part of the path to the port and that were acquired by the Port Authority of Santa Cruz de Tenerife in the year 2001, and, it does not affect two plots that, although they form part of the public domain of marine-terrestrial deslindado that must be considered as part of the service zone of the Port of La Estaca, not They are useful for port activity. The assigned uses maintain the current distribution of the various activities within the port.

In relation to the area of water, its external limit is maintained, proposing the disaffection of the waters that, due to their draught and proximity to the coast, lack harbour utility. The interior delimitation, distinguishing between Zone I and Zone II, is adjusted to the new configuration of the coat dam.

The file has been processed as set out in the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011 of 5 September.

The mandatory reports were requested in accordance with the provisions of Article 69 of the Recast Text of the Law of Port of the State and of the Merchant Navy, approved by Royal Legislative Decree 2/2011 of 5 September, and the document was submitted to the public information procedure for the period of forty-five days, by means of a notice in the "Official Gazette of the Canary Islands" of 23 December 2013, without any allegation being received.

With date 4 December 2014, the General Directorate of Sustainability of the Coast and the Sea reported favorably the proposal.

Finally, Ports of the State has reported favorably the delimitation of spaces and port uses, in responding to the current needs of the Port of La Estaca and observing that the requirements established in the Article 69 of the Recast Text of the Law of State Ports and the Merchant Navy.

In its virtue, on the proposal of the Harbour Authority of Santa Cruz de Tenerife and the President of Ports of the State, with the agreement of the Secretary of State for Infrastructures, Transport and Housing, completed the formalities required by existing legislation, I have:

First. Approval of the delimitation of port spaces and uses.

The delimitation of spaces and port uses of the Port of La Estaca is approved, written in accordance with the recast of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September. The document will be deposited with a duly endorsed copy at the Ministry of Public Works, another in Ports of the State and a third in the Port Authority of Santa Cruz de Tenerife.

Second. Delimitation of the land service area.

The land service area of the Port of La Estaca, reflected in the No. 4 plane. of the document, both graphically and by its coordinates UTM (REGCAN95, Huso 28), corresponds to the currently in force, except in the affectation of two plots that are part of the path of the port, which were acquired by the The Port Authority of Santa Cruz de Tenerife in 2001 for the execution of this infrastructure, and the exclusion of two other plots, the definition of which is detailed in the fourth of this order.

In any case, and since the scale of cartographic expression imposes certain limitations, the text that describes the land service area in the Document Memory, and which is then collected, will prevail in case it is observe differences or contradictions.

Starting at the end of the dock for the protection of the dock of smaller vessels, the first section of the land service area coincides with the outer edge of the dock for protection of the dock of smaller vessels of the port. When the coast is reached, the limit continues to border the protection escort and reaches the wall of the path to the port, leaving out of the service area the spaces corresponding to the access to the so-called Varadero beach and the drainage of the port. existing ravine.

Next, the delimitation of the service zone coincides with the foot side of the wall of the path to the port, until reaching the roundabout of the link to Timigirirque, leaving within the service zone the existing viewpoint on the so-called Varadero beach, which is outside the harbour area.

Next, the delimitation of the service zone borders the roundabout of the link of the track to Timigirala, leaving it out of the service zone, and continues towards the port following the outer edge side of the sidewalk of the via a first section, continues along the outer edge of the arcen in a second section, and then follows the outer edge of the ground side of the track to reach the deslinde of the maritime-terrestrial public domain at the point of UTM coordinates (REGCAN95, Huso 28) (X: 213,777.81; Y: 3.076.671.71).

From that point, the delimitation of the service zone coincides with the maritimo-terrestrial deslint until reaching the point of UTM coordinates (REGCAN95, Huso 28), (X: 214,108.08; Y: 3.076.954.07), at the intersection of the edge exterior side of the wall separating the esplanade from port use, from the old port of access to the port, which is outside the service area.

The delimitation continues to follow the outer edge side of the wall to reach the port service path that borders the existing car park.

The delimitation continues to follow the outer edge of the earth side of the port of service until reaching the space occupied by the existing transformer station, bordering it in a way that remains within the service.

The port limit continues to line the foot of the existing slope until reaching the wall that closes the existing yard at the rear of the service building to the maritime station.

Finally, the service line follows the aforementioned wall and extends into the sea, to reach the coast at the UTM coordinate point (REGCAN95, Huso 28), (X: 214,253.24; Y: 3.076.879.23).

Third. Delimitation of the area of water.

Zone I, or interior, of the waters of the port of La Estaca, is the one that is delimited by the coat-dock, the imaginary straight line that joins the morro of this dam with the tip of the Bajio and the line significantly parallel to the coast following the bathymetric -5.0 m, until reaching the foot of the slope of the dam of protection of the dock of smaller vessels.

Zone II, or exterior, of the waters of the Port of La Estaca, is the zone of waters that is not of Zone I and that is comprised between the coast, the meridian of Punta Caleta and the parallel of Tijirmaque, with exclusion of the waters of the 200 m wide range from the coast. This 200 m strip is limited to the south of the port facilities by a straight line which starts from the tip of the Bajio in the south direction and, north of the port facilities, by a straight line which starts from the coast at the point of UTM coordinates (REGCAN95, Huso 28), (X: 214.429.97; AND: 3.076.869.89), in a southeast direction.

Fourth. Affectations and disaffection of the service area.

They are affected to the port public domain and are incorporated into the service zone of the port of La Estaca, two parcels that form part of the path to the port and that were acquired by the Port Authority of Santa Cruz de Tenerife in 2001 for the execution of this work.

The set of plots that are affected are defined graphically and by their UTM coordinates (REGCAN95, Huso 28), in Plano No. 4. "Affectations and disaffection".

Because they are not necessary for the performance of essential or complementary port activities, nor to maintain the integrity of the harbour space, they are excluded from the service zone and they are disaffected from the public domain port, the following two plots:

Terrain area, with an approximate extension of 2.349 m², located at the northern end of the service area, and physically separated from it by a stretch of the old port path. The plot includes the aforementioned section of the old path. While its origin is the maritime-terrestrial zone, it does not maintain the natural characteristics of a land-terrestrial public domain.

Ground surface, with an approximate size of 19 m², corresponding to a small plot which, as part of the unlind maritime-terrestrial public domain, is outside the new path.

These plots are detailed in the document, both graphically, and by their UTM coordinates (REGCAN95, Huso 28),. Both have lost the natural characteristics of the land-land public domain, so they will be incorporated into the heritage of the Port Authority of Santa Cruz de Tenerife.

In Zone I of the waters of the port of La Estaca, the port public domain is affected and the strip of water is excluded from the port service area, which is substantially parallel to the coast line and wide to the batimetrica-5 m, until reaching the foot of the slope of the dock to protect the dock of smaller vessels.

In Zone II of the waters of the port of La Estaca, they are disaffected from the port public domain and are excluded from the port service area, the following spaces:

To the south of the port facilities, a strip of 200 m wide measured from the coast, situated between the tip of the Bajio and the tip of Timijiraque.

North of the port facilities, a 200 m wide strip located between the UTM coordinate point (REGCAN95, Huso 28), (X: 214.429.97; Y: 3.076.869.89) and the tip of La Caleta.

These spaces preserve the natural characteristics of terrestrial maritime public domain, so they will be automatically incorporated into the own use of the terrestrial maritime public domain governed by Law 22/1988, July 28, from Costas.

Fifth. Assignment of uses.

The land service area of the port is structured in four areas, represented in the 5th plane of the document, to which the relevant uses are assigned, duly justified, and which are set out below:

Port Commercial Use Area. With a surface of 24,994 m², the area for commercial port use houses the areas corresponding to the two alignments of the coat dam, the countership of the dock of smaller vessels, the preboarding and the areas of boarding, the area occupied by the maritime station and the attached areas at the start of the shelter.

Supplementary Port Use Area with an area of 18.348 m², houses the land occupied by the port path and the two esplanades located at the northern end of the service area; the first of they face the dock of smaller vessels, and the other towards land, coinciding with their external line with the old access to the port by the north.

Area of Port-to-Sports Port Use. With an area of 11,807 m², it corresponds to the spaces occupied by the dock of smaller vessels of the port.

Reserve Zone. A reserve zone of 5,681 m² is established, consisting of the strip of land of public domain located in front of the dock of smaller vessels, adjacent to the path to the port, on the land side. In addition, the existing slope at the start of the port-coat dam is considered to be a reserve zone.

Spaces Necessary for the organs of the Public Administrations to be able to exercise their powers: in accordance with the second paragraph of Article 96.3 of Law 48/2003, of the economic regime and the provision of services of the Ports of general interest, in Anejo n. º 5 are collected the spaces where the dependencies of the Maritime Captaincy and Civil Guard are located, under the agreements signed.

Sixth. Publication.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 30 November 2015. -Minister for Development, Ana Maria Pastor Julian.