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Law 6/1992, Of March 27, By Which Declares The Marshes Of Santoña And Noja Nature Reserve.

Original Language Title: Ley 6/1992, de 27 de marzo, por la que se declara Reserva Natural a las Marismas de Santoña y Noja.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law:

PREAMBLE

The importance of wetlands, as habitats for many animal species, has been known since ancient times. The interest for the protection of these areas has increased in recent decades, since it is not only necessary to provide protection to the species that occupy these means, but also to take care of the means in itself, so that the aquatic birds they can reproduce, winterhouse and bring their migratory journeys to fruition, thus ensuring their survival.

The Marismas de Santona, Victoria and Joyel, located in the eastern part of the coast of Cantabria, are one of the most important ecosystems of the Iberian Peninsula.

La Marisma de Santona, with an approximate length of 3,500 hectares, is administered by the Aymaras de Laredo, Colindres, Cleanas, Voto, Barcena de Cicero, Escalante, Argenos and Santona.

In the estuary of the Marismas the rias of Clean, Rada, Escalante and Argonos, which contribute organic matter and sediments of the terrestrial zone.

In turn, between the Puntal of Laredo and the Punta de San Carlos in Santoña, the marine waters are penetrating, inside the estuary, a retention of sediment that allows the development of numerous species of plants and animals.

Although the number of plant species is scarce, there is a large production and, therefore, a large quantity of each of them, which makes the concentration of biomass very large and constitutes one of the characteristics. of the estuary as a breeding centre for fry of numerous fish species, with a decisive importance in the marine ecosystem of the area.

However, the most remarkable thing about the area is that it is used by numerous birds, in its invert or as a rest zone in its migratory journeys from European countries to more southern latitudes of Africa or of its own Iberian Peninsula.

Some of these birds spend the winter in the Marismas, accounting for about one hundred species and 20,000 birds in one winter. Among the birds that invest in this area are several protected species and in serious danger of extinction such as the Espatula Platalea leucorodia, the Zarapito Trinador Numenios phaeopus, the Garza Real Ardea cinerea, the Common Garceta garzetta, the Colimbo Grande Gavia immer, the Arctic Colimbo Gavia Arctic, among others.

The same happens in the Marismas of Victoria and Joyel, the first in the municipality of Noja and the second shared by the municipalities of Noja and Arnuero.

The flora of these marshes is very special: there are seagrass meadows or intertidal species, such as the salicornia or the junks and the carts, at the edge of the Marismas.

The recent intervention of the man, with the desiccation of some marshlands, negatively modifies this landscape as the flow rates of the lowland are reduced, the herring grows and the marshes in their set.

Current real estate expectations are forcing their desiccation, phasing out the Marismas.

To avoid all this along with other types of performances such as the quarry of Montehano, in Escalente, with continuous discharges of arid or uncontrolled hunting, it is necessary to declare the zone Natural Reserve base to its concrete and unique values and in order to serve the conservation of its flora, fauna, geomorphological constitution and its special beauty.

This set of factors is sufficient to justify the exceptionality of the case and therefore the present Law is elaborated without the prior approval of a Plan for the Management of Natural Resources, pursuant to the provisions of the Article 15.2 of Law 4/1989 of 27 March of Conservation of Natural Spaces and of Wild Fauna and Flora. By virtue of the provisions laid down in the first provision, the Government shall, within a maximum of one year, draw up such a plan.

Item 1. Object.

1. The Marimas de Santona, Victoria and Joyel are declared a Natural Reserve in Cantabria, in accordance with the provisions of Articles 14 and 21.3 of Law 4/1989 of 27 March of Conservation of Natural Spaces and of Plants and Fauna. Wild.

2. The Natural Reserve declaration aims to maintain the ecological balance of this ecosystem, based on the continuous exchange of materials between the continental and the marine environment, and the protection of the communities and elements biological, in particular, certain active migratory birds.

Article 2. Territorial Scope.

The territorial scope of this Nature Reserve is limited to the maritime-terrestrial public domain referred to in the Annex to this Law.

Article 3. Extension of the protection regime.

1. The protection regime provided for in this Law extends to all goods, whether or not they are of public maritime-terrestrial domain, comprised in the polygons referred to in the Annex thereto, with the exception of soils classified as urban to their own. entry into force, or which have been recognised by the planning as an advantage which, with the application of that scheme, will result in compensation in accordance with the planning legislation.

The land affected by this legal regime is classified as non-urbanizable soil for all purposes, for all purposes.

2. The Autonomous Community of Cantabria may incorporate into the protection scheme provided for in this Law other goods adjacent to the provisions set out in the Annex.

Article 4. Legal framework.

1. The legal regime referred to in the previous Article is given in the prohibition, as a general rule, of all activities involving a physical or functional alteration of the ecosystems in which the area is situated. Such activities shall be identified in the Plan for the Management of Natural Resources referred to in Article 4 of Law 4/1989 of 27 March.

2. The performance of any activity considered in the Plan of Management of Natural Resources as compatible shall be authorized by the competent Administration, subject to the report of the Director of the Reserve, without prejudice to the required administrative to perform the same.

3. In any event, the activities which consist of land movements or those of an extractive nature which involve a modification of the current geomorphology of the area, as well as the dumping of any type, are expressly prohibited. waste, waste or industrial waste, be it of the nature that it is.

Article 5. ° Rector Board.

1. The Board of Directors of the Natural Reserve shall, for administrative purposes, be attached to the Ministry of Agriculture, Fisheries and Food and composed of the following members:

a) A representative of the Ministry of Agriculture, Fisheries and Food.

b) A representative of the Ministry of Public Works and Transport.

c) A representative of the Autonomous Community of Cantabria.

d) A single representative of the Laredo, Colindres, Voto, Barcena de Cicero, Escalante, Argonos. Santoña, Noja, Clean and Arnuero, chosen jointly by all of them.

e) A representative of the associations who, by their statutes, are dedicated to the conservation of nature, chosen from among themselves.

2. When administrative changes or changes in the denomination of the represented entities occur, the Government shall adjust the composition of the Governing Board to such changes or modifications.

3. The seat of the Board of Directors will be located in the Autonomous Community of Cantabria.

4. The members of the Governing Board shall be appointed, elected and separated from their position by the bodies or entities to which they represent. His appointment and termination shall be communicated to the Ministry of Agriculture, Fisheries and Food.

5. They are committed by the Governing Board:

a) Propose and, where appropriate, inform the rules and actions for the most effective defense of the values and singularities of the Nature Reserve, and make how many efforts it considers beneficial for the same.

b) Approve provisionally the Natural Resources Management Plan and its reviews, ensuring compliance; and,

c) Approve and amend your own Internal Regime Regulation.

Article 6. Director of the Nature Reserve.

The responsibility for the management, administration and coordination of activities of the Nature Reserve shall be the responsibility of the National Institute for the Conservation of Nature, whose owner will appoint the Director of the Reserve, who will assist with voice and vote at the meetings of the Governing Board.

Article 7. Funding.

1. In order to attend to activities, works and works of conservation, improvement and research, as well as to the general expenses of the Nature Reserve, the corresponding budgetary appropriations in the General Budget of the State will be included.

2. For the same purposes, all kinds of contributions and grants from public and private entities, as well as individuals, may also be available.

Article 8. ° Sationer Regime.

The regime sanctioning the actions and omissions that violate the provisions of this Law and the Plan for the Management of Natural Resources in the area will be in accordance with the provisions of Law 4/1989 of 27 March 2001. Conservation of Natural Spaces and Wild Fauna and Flora; in Law 22/1988 of 28 July of Coast; in Law 29/1985 of 2 August of Water and other applicable provisions.

Article 9. Public Action.

It will be public the action to require, before the administrative bodies and the judicial-administrative jurisdiction, the strict observance of the standards of protection of the Nature Reserve and its peripheral zone.

ADDITIONAL PROVISIONS

First. Plan for the Management of Natural Resources in the area.

For the exceptional reasons that exist and for the purposes of the provisions of Articles 4 and 15.2 of Law 4/1989, of 27 March, of Conservation of Natural Spaces and of Wild Fauna, the Government, on a proposal of the Ministry of Agriculture, Fisheries and Food, shall approve the Plan for the Management of Natural Resources of the zone, within one year of the entry into force of the Law.

Second. Constitution of the Governing Board.

Within three months of the entry into force of this Law, the Governing Board shall be constituted.

Third. Restore plan.

Within one year, from the entry into force of this Law, a plan of restoration of the natural elements and degraded ecosystems will be presented by the Director.

Fourth. Collaboration conventions.

The Government Council of the Regional Council of Cantabria and the National Institute for the Conservation of Nature will be able to establish collaboration agreements for a better and more efficient management and administration of the Reserve. Natural.

FINAL PROVISIONS

First. Additional provisions.

The Government is authorised to issue any additional provisions requiring the implementation of this Law.

Second. Entry into force.

This Law shall enter into force on the day following its publication in the "Official State Gazette".

ANNEX

The territorial scope of the Nature Reserve will be the result of the deslinde of the maritime-terrestrial public domain understood within the following polygons:

Marisma Joyel. -From the island of Suaces, bordering on the south the existing buildings on the beach of Ris, until its confluence with the road that joins this beach with Palacio. By this road to its intersection with the path of the Fountain of Ontanon, following this path to the village of Soano, to which it borders by the north, and from this one, by the road to Quejo, to La Cava. From this point, along the neighborhood road that leads to the coast, closing with the island of Suaces and including it.

Marisma de Santona. -From the Puntal of Laredo, bordering the current buildings, along the road near the "campsite" that leads to the regaton stream. From there, following the path that borders the marshes, to the bridge of the Riego and east, continuing through the existing levees to its confluence with the road N-634. From this point, bordering the highway and the grounds of the so-called La Quinta, to its confluence with the road C-629 and through it, bordering on the west the urban core of Clean, up to the so-called bridge of Viar. From here, through the S-514 road to the flow with the S-520, following it until the proximity of Pico Carrasco, where it continues along the neighborhood road that, from there, surrounds the village of Carasa until it returns back to the road S-520 and, by this, to the bridge of the Christ of Carasa. From here, by the neighborhood road, to the village of Rada, to the one that surrounds the north to the bridge that crosses the estuary, taking on this point the neighborhood road that communicates with the people of Nates. Surrounding this one by the south, continues along the neighborhood road of Nates until its confluence with the variant of Colindres by the one that follows the bridge of the highway over the Ría de Treto and, bordering on the north the village of Treto, continues until the N-634, for which it continues to the place known as Las Mazuecas, from where it continues along the neighborhood road that goes to the neighborhood of La Via and, following this path, borders on the north the buildings existing in the skirt of the Monte Vivero, returning to the N-634 by which it continues to the urban core of Gama, which it borders on the north to its confluence by the Road C-629. Through it continues to the village of Escalante and from it, bordering on the east the existing buildings, continues up to the same previous road, following this to the place known as "La Venta de la Zorra". From here we follow the neighborhood road that goes to the neighborhood of Ancillo, which surrounds completely, to return the same neighborhood road to the starting point on the road C-629, to continue the new variant of access to Santona until the second the bridge, continuing in a straight line through the old dam to the door of the "El Dueso" prison, which is surrounded by the north to the so-called Punta del Aguila. It follows the line of the coast of Mount Bucicro, surrounding it until you reach the Punta de San Carlos, and from there, by the path of access to the fort of the same name, to the fort of San Martín, surrounded by the east the town of Santona until the old access road S-415, and through it, to the north, to the quarry of "El Sorval". From this point continues in a straight line westward to converge with the levee at the first gate, so that from there, surrounding the levees and docks to the south and the east splice with the Puntal of Laredo.

Marisma Victoria. -From the area of El Barrio and bordering on the north the buildings of the neighborhood of Helgueras, it follows the road that goes from Helgueras to El Molino to the place called Casa la Rota. From this continuous down the road leading to Rota-Fonegra and, bordering on the east the buildings of Rota-Fonegra and Trapeddin, continues to the road that goes from Noja to Helgueras, following by this and bordering the southwest the beach of Traddudin to Punta Canaverosa.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 27 March 1992.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ