Law 22/1988, of 28 July, of Costas, prevented in its final disposition second the approval by the Government, on the proposal of the Minister of Public Works and Urbanism, of the General Regulation for its development and execution.

This Regulation contains in its text all those implementing or interpretative provisions of the Law, in such a way as to constitute a suitable instrument for an orderly and systematic application of the Law, and for ensure its full effectiveness. In addition, compliance with the legal mandate has been given in those specific points in which its subsequent regulatory development was ordered. Of particular importance is the definition of the administrative procedures relating to the determination of the maritime-terrestrial public domain and its system of use, as well as those related to the limitations of the property on land adjacent to the shore of the sea for reasons of protection of that domain. In addition, the allocation of the administrative powers which, according to the legal text, correspond to the State Administration is collected.

In its virtue, on the proposal of the Minister of Public Works and Urbanism, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting of December 1, 1989,

DISPONGO:

Single item.

The General Regulation for the Development and Implementation of Law 22/1988 of 28 July, of Costs, which is annexed to this Royal Decree, is hereby approved.

REPEAL PROVISION

1. The following provisions are hereby repealed:

Chapters VIII and IX of the Regulation for the implementation of the General Law of Public Works, approved by Royal Decree of 6 July 1877, as regards the public maritime-terrestrial domain.

The Royal Decree of 22 January 1926, on concessions in a precarious and limited term.

Articles 1, 2, 3, 6, 64 to 71, 73, 75, 77, 85, 86, 87 and 92 to 102 of the Regulations for the implementation of the Law of Ports, approved by Royal Decree of 19 January 1928, as regards the public domain Land-maritim-land

The Decree of April 23, 1935, on concession of bathroom cassettes.

The Decree of 3 July 1936, on the extraction of sand on the littoral.

The Regulation for the implementation of Law 28/1969 of 26 April on Costs, approved by Royal Decree 1088/1980 of 23 May.

Articles 6, 25 and 30 of the Regulation of the Law on Sports Ports, approved by Royal Decree 2486/1980 of 26 September.

Royal Decree 1156/1986 of June 13, on registration of the Land Registry with the maritime public domain.

2. It shall also be repealed as many provisions of equal or lower rank shall be contrary to the provisions of this Royal Decree.

FINAL PROVISIONS

First.

By the Ministers of Transport, Tourism and Communications and Public Works and Urbanism will be proposed to the Government, within three months, the modifications to the Decree of 13 May 1954, on the occupation of domain goods public for the installation of telephone and telegraphic lines, which are necessary to adapt it to the provisions of Law 31/1987, of 18 December, of the Ordination of Telecommunications, and Law 22/1988, of 28 July, of Costs, refers to the maritime-terrestrial public domain.

Second.

Within the same period of time indicated in the previous provision, on a joint proposal of the Ministers of Public Works and Urbanism and Industry and Energy, the Government will approve the specific rules of procedure applicable to the authorisations and concessions for the occupation of maritime-terrestrial public domain, which serve as support for exploration, research and exploitation of mining and energy resources.

Third.

The Minister of Public Works and Urbanism is empowered to dictate, in the field of his competence, how many provisions are necessary for the application and development of the provisions of that Regulation.

Fourth.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid at December 1, 1989.

JOHN CARLOS R.

The Minister of Public Works and Urbanism,

JAVIER LUIS SAENZ DE COSCULLUELA

GENERAL REGULATION FOR THE DEVELOPMENT AND EXECUTION OF LAW 22/1988 OF 28 JULY OF COASTS

PRELIMINARY TITLE

Object and purpose

Article 1. º

This Regulation aims at the development and implementation of Law 22/1988 of 28 July 1998 on the determination, protection, use and policing of maritime and terrestrial public domain and in particular the Sea bank (Article 1 of the Law on Costs).

Art. 2. º

Administrative action on the maritime-terrestrial public domain will pursue the following purposes:

(a) Determine the public maritime-terrestrial domain and ensure its integrity and proper conservation by adopting, where appropriate, the necessary protective and restoration measures.

(b) Ensure the public use of the sea, its riverbank and the rest of the public maritime-land domain, without any exceptions resulting from duly justified public interest reasons.

c) To regulate the rational use of these goods in terms of their nature, their purpose and with respect to the landscape, the environment and the historical heritage.

d) To achieve and maintain an adequate level of water quality and the sea bank (Article 2. of the Law of Costs).

TITLE FIRST

Maritime-terrestrial public domain assets

CHAPTER FIRST

Classification and definitions

Art. 3. º

They are state land-land public domain goods, pursuant to the provisions of Article 132.2 of the Constitution and 3 of the Law of Costs:

1. The riverbank and the rias, which includes:

(a) The sea-land area or space between the low-slags or the maximum live equinoccial line, and the limit to where the waves reach in the largest known temporary ones or, when it exceeds, that of the line of Maximum live equinoccial pleat. This area is also extended by river margins to the site where the effect of the tides is made sensitive.

The marshes, albuferous, marjales, steros and, in general, the low lands that are flooded as a consequence of the flow and reflux of the tides, waves or water filtration of the sea are considered to be included in this zone.

b) The beaches or areas of deposits of loose materials, such as sands, gravel and pebbles, including beetle, berms and dunes, whether or not they have vegetation, formed by the action of the sea or the sea wind, or other causes natural or artificial.

2. The territorial sea and inland waters, with their bed and subsoil, defined and regulated by their specific legislation.

3. The natural resources of the economic zone and the continental shelf, defined and regulated by their specific legislation (article 3. of the Law of Costs).

Art. 4. º

The following criteria shall be taken into account in the determination of the land-land and the beach, in accordance with the definitions set out in the previous article:

a) To set the limit to where the waves reach in the largest known temporary ones, the proven references to be available will be used.

b) Sea level variations due to tides will include the overlapping effects of astronomical and meteorological. No account shall be taken of the waves of greatest period of seismic or resonance origin, the presentation of which does not occur sequentially.

(c) The almost horizontal part of the beach, within the slope or slope of heavy slope caused by the swell, shall be understood as berm.

(d) Chains of dunes that are in development, displacement or evolution due to the action of the sea or of the sea wind shall be considered to be included in the delimitation of the beach. It shall also include those laid down by vegetation to the extent necessary to ensure the stability of the beach and the defence of the coast.

Art. 5. º

Belong, likewise, to the state maritime-terrestrial public domain:

1. The accessions to the sea bank by deposit of materials or by the removal of the sea, whatever the causes.

2. The land gained from the sea as a direct or indirect consequence of works and the desiccated on its bank.

3. The land invaded by the sea that will become part of its bed for any cause.

4. The sensibly vertical cliffs that are in contact with the sea or with spaces of public maritime-terrestrial domain, until their coronation.

5. The land dislocated as a public domain which for any cause has lost its natural characteristics of beach, cliff, or land-land area, except as provided for in Articles 18 of the Law of Costs and 37 of this Regulation.

6. Islets in inland waters and territorial sea.

7. The land incorporated by the concessionaires to complete the area of a land-land public domain concession granted to them, when this is established in the concession clauses.

8. The land adjacent to the sea bank that is acquired for incorporation into the public maritime-land domain.

9. The works and facilities constructed by the State in that domain.

10. The works and installations for the lighting of maritime coasts and signs, constructed by the State, whatever their location, as well as the areas affected in the service of the same except as provided for in Articles 18 of the Law of Costs and 37 of this Regulation.

11. The ports and port facilities of state ownership, which will be regulated by their specific legislation (Article 4. of the Law of Costs).

Art. 6. º

1. The provisions of the foregoing Article are applicable to the rias and mouth of rivers to the extent that the effect of the tides is sensitive.

2. Land which is flooded by artificial techniques, which is higher than that of the largest pleamar, is not considered to be included in the provisions of paragraph 3 of the previous Article. On the other hand, those other than those referred to in Article 9, which are of course inundating, the flooding of which has been prevented by artificial means, such as walls, embankments, gates or other similar systems, are part of the public maritime-terrestrial domain as set out in Articles 3.1, (a), the Coasts Act and this Regulation.

3. For the purposes of paragraph 4 of the above Article, a significantly vertical cliffs are considered to be those whose average parameter can be assimilated to a plane forming an angle with a horizontal plane equal to or greater than 60 sexagesimal grades. Existing berms or stagings shall be included in their definition before their coronation.

4. The grounds of private property referred to in paragraph 7 of the preceding Article shall be incorporated into the public domain from the date on which the relevant minutes of delivery by the concessionaire and the representative of the Ministry of Public Works and Urbanism. For these purposes, the concessionaire shall provide the supporting documentation of his or her domain.

5. The ports and port facilities of competition of the Autonomous Communities shall be governed by their specific legislation, without prejudice to the State ownership of the property under the provisions of Article 49.1 of the Law of Costs and the spaces of public maritime-land domain that are granted in accordance with the provisions of Articles 64 and 65 of the aforementioned Law, in order to serve as a support for the granting of powers of those.

Art. 7. º

The islands that are formed or formed by natural causes, in the territorial sea or in inland waters or in the rivers to where the tides are made sensitive, except those of property, are also of state public domain. private individuals or public entities or come from the dismemberment of this, in which case they shall be subject to public domain their land-land area, beaches and other goods which have this character in accordance with the provisions of Articles 3 and 4. Coast Law (Article 5 of the Law on Costs).

Art. 8. º

They will also form part of the state maritime-terrestrial public domain, of the type of membership that corresponds in each case by application of the provisions of the previous articles:

(a) The spaces which must be such in accordance with the provisions of the first and second transitional provisions of the Law of Costs and concordant with this Regulation.

(b) State Heritage sites that are affected by the public domain's own use as provided for in Articles 17 of the Coasts Act and 36 of this Regulation.

(c) The land of private property which is expropriated or acquired in accordance with the provisions of Article 29.2 and the third provision of the Coasts Act and Article 57 of this Regulation, after affectation, in its case, to that domain.

Art. 9. º

1. The owners of the land threatened by the invasion of the sea or the sands of the beaches, by natural or artificial causes, will be able to build defense works, prior authorization or concession, provided they do not occupy a beach or produce phenomena harmful in this or in the marine-terrestrial zone, nor detract from the relevant legal constraints and easements.

2. In another case, the invaded lands will become part of the public maritime-terrestrial domain, as it appears from the corresponding deslinde (article 6. of the Law of Costs).

3. Authorisation shall be required where the works have to be placed on private land and the corresponding administrative title, where they are in the public domain. In case they affect land of one and the other nature, a single file shall be instructed and a single resolution shall be issued.

4. The processing of applications for the construction of the works shall be suspended until the application for a decision is taken on the file for the length of the relevant part of the shore, except in the case of the case provided for in Article 12 (7). The Law of Costs and 21.3 of this Regulation.

5. In the event of an emergency, the Peripheral Coast Service may authorise the adoption of provisional measures of defence, subject to the formalisation of the economic guarantees which, where appropriate, proceed as laid down in Articles 36 of the Law Costs and 78 of this Regulation, and commitment of the person concerned to request within one month the relevant concession or authorization, and to comply with the resolution deriving from the file to be instructed.

CHAPTER II

Unavailability

Section 1. First Prevalence of the Public Domain

Art. 10.

In accordance with the provisions of Article 132.1 of the Constitution, land-land public domain goods are inalienable, imprescriptible and non-embargable (Article 7 of the Law on Costs).

Art. 11.

For the purposes of the previous article, no more rights than those of use and use acquired in accordance with the Law of Costs will be allowed, lacking any obstative value against the public domain the private ones, Long periods of time and even if they are covered by seats in the Land Registry (Article 8 of the Law on Costs).

Art. 12.

1. No land of property other than the demanial of the State may exist in any of the belongings of the public maritime-terrestrial domain, or even in the case of lands gained from the sea or dried on its bank, without prejudice to the established in Articles 49 of the Coasts Act and 103 of this Regulation.

2. Administrative acts which infringe the provisions of the previous paragraph shall be null and void. The acts of individuals in fraud of the said precept shall not prevent the proper application of the same (Article 9. of the Law of Costs).

Art. 13.

The State Administration will be obliged to exercise the necessary actions for the integrity and protection of the maritime-terrestrial public domain, not being able to break into the demands that affect the ownership of the goods that is integrated.

Section 2.

Art. 14.

1. The State Administration has the right and the duty to investigate the situation of the goods and rights that are presumed to belong to the maritime-terrestrial public domain, to which effect it will be able to collect all the data and reports it considers necessary and to promote the practice of the corresponding unlinde.

2. It shall also have the power to recover post-office, ex officio and at any time on such assets, in accordance with the procedure laid down in Article 17.

3. No action shall be taken against decisions of the State Administration in the exercise of the powers set out in the Law on Costs and in accordance with the procedure laid down (Article 10 of the Law on Costs).

Art. 15.

1. The right of inquiry shall be exercised by the Ministry of Public Works and Urbanism, either on its own initiative or at the request of any person, to whom the opening of the file shall be notified, where appropriate.

2. Under the investigation file, the Peripheral Costs Service shall carry out the tests which it considers relevant for the verification of the physical characteristics and the legal status of the goods under investigation, and may open, if considers appropriate, a period of public information for a period of one month.

3. The investigation shall be terminated by the following decision:

a) Promote post-disaster recovery file.

b) Start the corresponding unlinde.

c) Archive the performances.

Art. 16.

1. The power of recovery shall be exercised by the Ministry of Public Works and Urbanism, either on its own initiative or at the request of any person.

2. Such power may in any case be exercised in respect of goods in the public domain under the terms of the rules. Where it does not exist, it may relate only to portions of the sea or the sea of the sea, in respect of which its demanial character can be fully and imbibed.

Art. 17.

1. If the file is initiated by means of the Peripheral Coast Service, the occupant shall be notified of the fact that within eight days, he or she considers appropriate in his defence.

2. The resolution and execution will be the responsibility of the Peripheral Coast Service, which will be able to request from the Government Delegate or Civil Governor the collaboration of the State Security Forces and Corps. Where the eviction is necessary, the procedure laid down in Articles 108 of the Coasts Act and 201 of this Regulation shall be followed.

3. The provisions of the above paragraphs are without prejudice to the imposition of administrative penalties which may be imposed and to the effect that the usurpation is brought to the attention of the judicial authority when it appears to be crime or fault.

CHAPTER III

Deslindes

Section 1. First General Object and Principles

Art. 18.

1. For the purposes of determining the public-land-land domain, the State Administration shall ensure that the appropriate rules are laid down, in accordance with the characteristics of the goods in accordance with the provisions of Articles 3, 4 and 5. of the Law and concordant with this Regulation (article 11 of the Law of Costs).

2. The Ministry of Public Works and Urbanism will carry the updated archive of documents and plans of the deslindes of the maritime-terrestrial public domain, with individual tokens, which can be replaced by a data bank susceptible of treatment computer, which will contain the sites and classes of goods that integrate it. A duplicate of the corresponding to its scope of action shall be carried out on each Peripheral Coast Service, which may be replaced by a computer connection with the aforementioned data bank.

3. In ports and port facilities, whatever their ownership, the deslinde of the maritime-terrestrial public domain shall be practiced, subject to the provisions of the Law of Costs and this Regulation, whether or not it is coincident with the delimitation of the port service area. The definition of the service area shall be in accordance with the provisions of the applicable specific legislation.

Art. 19.

1. The inlinde will always determine the internal boundary of the maritime-terrestrial public domain, without prejudice to the possibility of delimiting the different kinds of belongings that integrate it. Where the said internal limit does not coincide with that of the sea side, it shall be fixed in any case, in addition to that of the latter. However, the amojoning shall only reflect the internal limit of the public domain.

2. The limit of the public domain shall be set at the corresponding level by means of a polygonal line which shall be used as a reference point, correcting, where appropriate, the natural curves of the terrain.

3. In the same plane, the internal boundary of the protection servitude zone shall always be marked.

Section 2. First Procedure

Art. 20.

1. The deslinde shall be initiated on its own initiative or at the request of any interested party, and shall be approved by the State Administration. (article 12.1 of the Law on Costs).

2. In the event of initiation at the request of a party, the party must pay the corresponding fees. These deslindes shall be processed on a preferential basis.

3. For the purposes of the opening of the file, the Peripheral Coast Service shall submit to the Ministry of Public Works and Urbanism a proposal, which shall contain a plan of provisional delimitation of the public domain and the area of protection. accompanied by photographs and data resulting from the confrontation on the ground.

4. In the light of that proposal, the Ministerial Department shall, if it considers it appropriate, order the opening of the file.

Art. 21.

1. The opening of the file for the clearing shall entitle the State Administration to carry out or authorize, even on private grounds, the necessary data and the necessary fees, without prejudice to any compensation for damages. and damage caused and as a result of the unlinde being definitively approved (Article 12.3 of the Law on Costs).

2. The provision for the opening of the deslinde file shall entail the suspension of the granting of concessions and authorizations in the public maritime-land domain and in its protection-servitude zone, to which it shall be published together with the estimated area of the area and the estimated area of the land. The resolution of the deslinde file will imply the lifting of the suspension (article 12.5 of the Law of Costs).

3. However, emergency works to prevent or repair damage (Article 12.7 of the Law on Coasts) may be carried out after authorization from the State Administration or by the State Administration.

4. The powers that this article attributes to the State Administration shall be exercised by the Ministry of Public Works and Urbanism through the Peripheral Coast Service. The authorisations referred to in paragraph 3 shall be granted in accordance with the procedure laid down in Article 9 (5

.

Art. 22.

1. The procedure shall be followed by the Autonomous Community and the relevant City Council, the owners who are adjacent to it, after notification, and other persons certifying the status of the persons concerned (Article 12.2 of the Law on Costs).

2. The Peripheral Coast Service shall proceed simultaneously with:

(a) The publication of the notice of initiation of the file in the "Official Gazette" of the province, in its own bulletin board and in a journal of the most circulation in the area, in order to, within one month, any interested party may be able to appear on the file, examine the provisional delimitation of the area of public domain and the area of protection easement and make any allegations that it considers appropriate.

(b) The application for a report to the Autonomous Community and to the City Council, referring to this effect, copies of the plans of placement and provisional delimitation of the public domain and the zone of protection servitude. After the period of one month without the receipt of the report, it shall be deemed to be favourable. The request for the precautionary suspension of the granting of work licenses in the area affected by the dislinde shall be included in the request to be cured to the City Council.

c) Where appropriate, the request to the City Council or the Center for Catastral Management and Tax Cooperation of the relationship of holders of the adjoining farms, with their respective domicile, for their subsequent remission to the Registry of the Property in order for its holder to express its conformity to that relationship or to make any comments it considers relevant. After 15 days from the referral to the Register without a reply to the Register, the conformity shall be understood.

3. Having obtained the information referred to in point (c) of the previous paragraph, the Peripheral Coast's Service shall be on the ground at least ten days in advance, together or grouped by sections of the linde, to the individual holders or representatives of the owners ' communities where they are constituted, to show them the provisional delimitation of the public domain by means of their apee, which may be the Service of the Council, where the conformity or Failure to comply with the provisions of the Directive, who, in the latter case, will have a period of 15 days to make allegations and to propose an alternative delimitation.

Art. 23.

1. When the persons concerned in the file provide evidence of title entered in the Land Registry on land that may be included in the public domain, the body that will process the file will make it known to the Registrar at the end of the file. it is therefore to be used as a preventive annotation of that circumstance (Article 12.4 of the Law on Costs).

2. The preventive notes shall include, in addition to the circumstances provided for in general in the mortgage legislation, those specific to the opening of the deslinde file and the warning, as appropriate, that, its virtue, the estate may result in all or part of state ownership or may be included in full or in part in the protection easement zone.

3. Without prejudice to the foregoing paragraphs, the Peripheral Coast Service may, in any event, after the application of the deslinde file, be requested from the competent Register which extends the proof of the existence of the existence of the of the one on the farms that could be affected by it. If the farms are not registered, the preventive annotation will also be taken due to the lack of prior registration.

Art. 24.

1. In practice, the actions provided for in Articles 22 and 23 shall be drawn up by the Peripheral Coast Service, which shall include:

(a) Memory, with a description of the actions carried out and incidents produced and with justification of the line of proposal and other delimitations provided for in Article 19, in the light of those and the reports issued and claims submitted.

b) topographic plates at scale of not less than 1/1,000, with the layout of the line of deslinde and the indicated delimitations.

c) Statement of conditions for the repose and subsequent amojoning of the deslinde.

d) Estimated budget.

2. The project and its implementation shall comply with the technical instructions which, if necessary, are approved by the Ministry of Public Works and Urbanism, including the models of linde milestones and other signs or references.

3. The project and the review report will be elevated to the Ministry of Public Works and Urbanism for approval through Ministerial Order.

Art. 25.

When the project of unlinde involves substantial modification of the provisional delimitation previously made, a new period of public information and of the above mentioned Organisms, as well as of the hearing, will be opened. to the affected adjoining owners.

Art. 26.

1. The order of approval of the deslinde must accurately reflect the inner boundary of the public-sea-land public domain, as well as that of the sea bank when it does not coincide with that. In addition, the location of the easements imposed on the adjoining land shall be recorded.

2. The Order shall be notified to the persons concerned who have appeared in the file, as well as to the Autonomous Community, the City Council and the Land Registry.

Art. 27.

1. Where the configuration of the maritime-terrestrial public domain is altered by any cause, the file shall be opened for the design or modification of the existing one, with the effects provided for in the preceding paragraphs (Article 12.6 of the Law on Costs).

2. In any event, the practice of new deslination shall be necessary in the event of the assumption of Article 5 (3), as well as in the cases of disaffection provided for in Article 37.

3. In the cases referred to in Article 5 (7) and (8), and in Article 36, it shall be sufficient to rectify the existing line, in such a way as to include land incorporated into the public maritime-land domain.

Section 3. Effects

Art. 28.

1. The unlinde approved, when the existence of the physical characteristics related to the articles 3. º, 4. º and 5. of the Law of Coasts and concordant of this Regulation, declares the Sunday possession and ownership in favor of the State, giving place of the protection and without the registration of the Land Registry being able to prevail against the demanial nature of the goods (Article 13.1 of the Law of Costs).

2. The approval of the eslinde will imply the lifting of the suspension of the granting of concessions and authorizations in the maritime-terrestrial public domain and in its zone of servitude of protection, as provided for in the articles 12.5 of the Coasts Act and 21.2 of this Regulation.

3. It shall also imply the cancellation of the preventive annotations practiced in the Register on the occasion of the dislinde, relating to farms that have not been included in the maritime-terrestrial public domain by virtue of that.

4. The amojoning shall be done by laying down milestones to identify on the ground the perimeter line of the deslinde. Milestones shall be replaced by other signals or references that make such identification possible, where they are advised by the physical circumstances of their place of location.

Art. 29.

1. The resolution of approval of the deslinde shall be sufficient to rectify, in the manner and conditions laid down in this article, the legal situations that are contradictory with the deslinde. Such a decision shall also be sufficient to ensure that the Administration proceeds to the registration of the goods in the public domain where it considers it appropriate. In any event, the registered holders concerned may exercise the actions they deem relevant in defence of their rights, with the corresponding judicial claim being subject to preventive annotation (Article 13.2 of the Law on Costs).

2. The following procedure shall apply for the rectification of the registration records which are contradictory to the deslinde:

(a) The approval of the deslinde shall be sufficient evidence for the preventive endorsement of the public domain in respect of the goods included in that domain, where it has not been practised in accordance with the provisions of Articles 12.4 of the Law of Costs and 23 of this Regulation.

(b) The practice of such annotation shall be notified by the Registrar of the Property to the registered holders who may be affected.

(c) If, within one year of the notification, access to the Register of the preventive annotations of claims arising from the actions promoted by the registered holders is not produced, the annotation of the deslinde shall be cancelled or it will become an inscription, at the discretion of the Ministry of Public Works and Urbanism, correcting the existing registrations contradictory to the public domain as provided for in the mortgage legislation. In another case you will be at the result of the corresponding judgment.

3. For the registration of land-land public domain goods in the Land Registry will be provided for in the mortgage legislation, with the resolution approving the deslinde, accompanied by the corresponding plan, title sufficient to practice it. Where there are conflicting entries, the procedure laid down in the preceding paragraph shall be followed, the effect of which shall be the preventive annotation of the linde on the goods and rights affected by that paragraph.

4. In general, the registration of goods whose post-office advertising is not liable for their natural characteristics shall be deemed to be appropriate, as well as where any other natural or legal circumstances advise them.

Art. 30.

Civil actions on rights relating to land included in the public domain are prescribed at the age of five, computed from the date of the approval of the deslinde (Article 14 of the Law on Costs).

Section 4. Inregistration of farms adjacent to the public maritime-land domain

Art. 31.

1. In the case of inregistration in the Land Registry located in the area of protection under protection referred to in Articles 23 of the Coasts Act and 43 of this Regulation, in the description of those items, it shall be specified whether or not not with the maritime-terrestrial public domain. If yes, the registration may not be applied if the certificate of the State Administration certifying that the public domain is not invented is not accompanied by the certificate.

2. If, in the description of the farm, it is expressed that it does not fit with the public maritime-terrestrial domain or no declaration is made in this respect, the Registrar will require the person concerned to identify and locate the farm in the provided plane to the effect of the State Administration. If the identification results in the non-colindance, the Registrar shall practice the registration by stating that end.

If in spite of this identification or for not being able to take effect, the Registrar suspect a possible invasion of the marine-terrestrial public domain will bring to the attention of the Administration of the State registration, leaving it to be suspended until such time as the issue of the favourable certification (Article 15.1 and 2 of the Law on Costs).

3. The certifications and drawings referred to in the preceding paragraphs shall be issued by the Peripheral Coast Service and may be requested by the Registrar of office.

4. The Registrar shall file in the file corresponding to the plan in which the owner or person certifying that he has sufficient power to locate the farm as provided for in paragraph 2. property that is registered, except if it consists that the original is incorporated into a notarial protocol.

5. Where the certificate issued by the Peripheral Coast Service provides that the protection of the area of protection is to be defined, the description of the affected farms shall also express their submission to such servitude.

6. Alternatively and with the same effects as set out in paragraphs 1 and 2, where the description of the farm intended to be entered is expressed as being either the same as the land-land public domain or is suspected of being able to link or To invade it, the previous processing may be avoided if in the description it is explicitly included that the limit of the estate is the public maritime-terrestrial domain dislocated according to the Law of the Coast, according to plan that identifies it.

Art. 32.

1. After 30 days from the request for certification referred to in the previous article without a reply, registration may be made.

2. If the deslinde is not approved, the corresponding procedure shall be initiated, at the expense of the person concerned, within a time limit which may not exceed three months from the corresponding application, pending the entry of the registration. requested (Article 15.3 and 4 of the Law on Costs).

3. The seat of presentation shall be extended, if appropriate, for the period of forty working days from the date following that of the request by the Registrar to the Demarations or Services of Costs, stating that extension by note marginal.

4. Starting the deslinde file, the Peripheral Coast Service may request the Land Registry to extend the corresponding preventive annotation, as provided for in Article 23.3.

Art. 33.

The identification and location at the request of the Registrar, as provided for in Article 31.2, shall not be required where the unmatriculable title is accompanied by a plane issued by the Peripheral Coast Service, equal to those of they must be supplied to the Registry, in which the farm is individually individualized and its status is reflected in relation to the area of public maritime-terrestrial domain. The plans shall be issued at the request of the interested parties.

Art. 34.

1. The same rules of the preceding articles shall apply to the inscriptions of excess of place, except in the case of farms of fixed lines or of such nature that exclude the possibility of invasion of the maritime-terrestrial public domain.

2. Provided that the title of the register contains the indication that the farm is beautiful with the sea, the colindance shall be understood as referring to the inner boundary of the bank of the sea, even in cases of excess of space (article 16 of the Law of Costs).

3. In the event that the public maritime-land domain includes any belonging other than the riverbank, the colindance referred to in the preceding paragraph shall be understood to be in respect of the internal boundary of that domain.

Art. 35.

The rules set out in the above articles for registration will also apply to the second and subsequent entries.

CHAPTER IV

Affecting and Disaffectation

Art. 36.

1. The lands of the State's heritage, which are adjacent to the public maritime domain or located in their zone of influence that are necessary for the protection or use of this domain, will be affected to the use of the same, in the This is provided for in the State Heritage legislation. It shall not be possible to dispose of it without prior declaration of innecessity to the said effects (Article 17 of the Law on Costs).

2. The declaration of innecessity shall be made by the Ministry of Public Works and Urbanism and shall be motivated.

Art. 37.

1. Only the damage to land in the case of Article 4 (5) and (10) of the Law on Coasts and concordant provisions of this Regulation may only be effected before the Council and the Autonomous Community have been affected by this Regulation. statement of innecessity for the purposes set out in the previous Article.

2. The disaffection must be expressed and the corresponding deslindes (Article 18 of the Law of Costs) must be practiced before proceeding to it.

Art. 38.

1. The areas affected by the provisions of the previous Article shall be incorporated into the State's heritage. Where their affectation is not judged to be foreseeable, they may be transferred free of charge to the Municipality or the Autonomous Community, subject to the transfer to the Municipality or the Autonomous Community for purposes of use or public service of the jurisdiction of those persons (Article 19 of the Treaty). Coast Law).

2. The assignment shall not take place if the areas affected are permused by other buildings susceptible to the public maritime-terrestrial domain.

3. If, after five years from the date of the transfer, the land has not been used for the purposes for which it has been used or has been used for other purposes, it shall revert to the State's heritage with the procedures laid down in the their regulatory legislation.

4. The transfer or reversal referred to in the preceding paragraphs shall be agreed by the Government on a proposal from the Ministry of Economy and Finance, either on its own initiative or at the initiative of the Ministry of Public Works and Urbanism.

5. In the event that, in the absence of an agreement between the authorities concerned, the transfer is not effected or the reversal proceeds, as provided for in paragraph 3, the State Administration may dispose of the land which has been affected by the Provided for in the State Heritage legislation.

TITLE II

Limitations of the property on the contiguous land to the shore of the sea for reasons of protection of the marine-terrestrial public domain

CHAPTER FIRST

Objectives and general provisions

Art. 39.

The protection of the maritime-terrestrial public domain includes the defense of its integrity and the general purpose of use to which it is intended; the preservation of its characteristics and natural elements and the prevention of harmful consequences of works and installations, in the terms of the Law on Costs (Article 20 of the Law on Costs).

Art. 40.

1. For the purposes of the foregoing Article, land adjacent to the public maritime-land domain shall be subject to the limitations and easements determined in this Title, prevailing on the basis of the any action. Easements will be imprinted in any case.

2. The grounds expressly declared to be of interest to national security and defence, in accordance with their specific legislation, are exempted from this subjection.

3. The provisions of this Title have the character of a minimum and complementary regulation of those which the Autonomous Communities dictate in the field of their jurisdiction (Article 21 of the Law on Costs).

Art. 41.

1. The State Administration shall lay down rules for the protection of certain stretches of coast, in development as provided for in Articles 23.2, 25, 26.1, 27.2, 28.1 and 29 of the Coasts Act (Article 22.1 of the Law on Costs).

2. The competence of the State Administration to dictate the rules referred to in the previous paragraph corresponds to the Ministry of Public Works and Urbanism.

3. The length of the coast to be included in the rules shall relate to at least one physiographic or morphological unit relating to the coastal dynamic or territory, respectively, or, where appropriate, to one or more adjacent municipal terms complete.

Art. 42.

1. Before the final approval of the rules referred to in the previous Article, they shall be subject to a report by the Autonomous Communities and the Councils to whose territory they are concerned, in order to enable them to raise the objections arising from the its approved or processed management instruments. Where substantial discrepancies are observed between the content of the proposed rules and the objections raised by the Autonomous Communities and the Councils, a period of consultation between the three administrations will be opened to common agreement on the differences expressed (Article 22.2 of the Law on Costs).

2. The reports referred to in paragraph 1 shall be issued within one month.

3. In the absence of an express agreement between the three administrations concerned, the rules may not be approved.

4. The rules will be approved by the Order of the Ministry of Public Works and Urbanism, which will be published in the "Official Gazette of the State" and which will accompany the plans and other information deemed relevant for the identification of the affected area and, in general, to ensure the effectiveness of those.

CHAPTER II

Legal easements

Section 1. First Protection Server

Art. 43.

1. The protection easement will fall on an area of 100 meters measured inland from the boundary of the sea bank.

2. The extension of this zone may be extended by the State Administration, in agreement with that of the Autonomous Community and the corresponding City Council, up to a maximum of 100 meters, when necessary to ensure the effectiveness of the easement, in the light of the peculiarities of the stretch of coast in question (Article 23 of the Law on Costs).

3. The extension referred to in the preceding paragraph shall be determined by the rules of protection or by territorial or urban planning.

4. The width of the protection servitude zone shall be reduced in the cases referred to in the third and ninth transitional provisions of the Coasts Act and ninth of this Regulation.

5. The land affected by the modification of the transit and protection servitude zones as a result, if any, of the variation, for any cause, of the delimitation of the sea bank, which will be collected in the corresponding The Commission shall, in accordance with Article 4 (2) of Regulation (EC) No 139/2002, provide for the necessary measures to be taken in accordance with the provisions laid down in Article 4 (2) of Regulation (EC) No 139/2002. progression to the sea that has such variation.

6. The construction of works, such as marine or marine-terrestrial urbanizations, which give rise to the invasion by the sea or by the waters of the rivers, to the extent that the effect of the tides is made sensitive, of land that before these works are not of public maritime-terrestrial domain, nor are they affected by the protection easement, it shall produce the following effects:

a) The flooded land will be incorporated into the maritime-terrestrial public domain.

b) The pre-existing protection easement to the works will remain in force.

(c) In land which is not subject to the easement referred to in point (b) above, a new protection service shall not be generated around the flooded areas, but shall be applied only in that area. case, the transit easement.

In any case, these works will require the corresponding administrative title for their realization.

Art. 44.

1. In the areas covered by this area, crops and plantations may be carried out without the need for authorisation, without prejudice to Articles 27 of the Coasts Act and 51 of this Regulation.

2. In the first 20 metres of this area, objects or materials thrown by the sea may be temporarily deposited and maritime salvage operations performed; no closures may be carried out, except under the conditions laid down in the paragraph 3 of this article.

The damages caused by the occupations referred to in the preceding paragraph shall be the subject of compensation as provided for in the Compulsory Expropriation Act (article 24 of the Law of Costs).

3. Only opaque enclosures up to a maximum height of one metre may be authorised and must be diaphanous above that height with at least 80 per 100 holes, unless live plant elements are used. Similarly, closures linked to concessions may be authorised in the maritime-terrestrial public domain with the characteristics to be determined in the concessional title.

In any case, the area affected by the transit easement must be free.

4. The facilities referred to in Articles 44.6 of the Coasts Act and 95 of this Regulation are prohibited in those 20 metres.

Art. 45.

1. In the protection servitude zone they shall be prohibited:

a) Buildings intended for residence or room.

(b) The construction or modification of interurban transport routes and the traffic intensity higher than that determined in paragraph 3, as well as their service areas.

c) Activities involving the destruction of arid fields.

d) The aerial laying of high-voltage power lines.

e) The dumping of solid waste, debris and sewage without debugging.

(f) Advertising through posters or billboards or by acoustic or audiovisual means (Article 25.1 of the Law on Costs).

2. The prohibition of buildings intended for residence or room, as referred to in point (a) of the previous paragraph, includes hotels, whatever their operating arrangements. Camps duly authorised with removable installations shall be excluded from this prohibition.

3. The prohibition on the construction or modification of transport routes, as referred to in paragraph 1 (b), shall be understood to mean those whose layout runs lengthwise along the area of protection, with the exception of of that prohibition those other than those where its incidence is cross-sectional, accidental or punctual.

The limit for the traffic intensity of the transport routes, is fixed at 500 vehicles/day of annual average in the case of roads.

4. It shall not be understood to be included in the prohibition on the destruction of fields of aggregates referred to in paragraph 1 (c), the use thereof for their contribution to the beaches.

5. They shall not be considered to be included in the prohibition of advertising, as referred to in paragraph 1 (f), of the label signs of establishments, provided that they are placed on their facade and do not result in a reduction of the visual field.

Art. 46.

1. On an ordinary basis, only works, installations and activities which, by their nature, may not have another location or provide services necessary or suitable for the use of public maritime-terrestrial domain, shall be permitted in this area. as the sports facilities discovered. In any event, the execution of embankments, dismounts or felling of trees shall comply with the conditions set out in the following paragraph to ensure the protection of the public domain (Article 25.2 of the Law on Costs).

2. The execution of desmounds and embankments may only be permitted, subject to authorization, where the height of those is less than 3 meters, does not prejudice the landscape, and an appropriate treatment of its taludes with plantations and coatings is carried out. From that height, a prior assessment of their need and their impact on the public maritime-terrestrial domain and on the protection servitude zone shall be carried out.

3. The felling of trees may only be permitted where prior authorisation of the competent authority for afforestation exists and the tree-lined masses are not significantly reduced, the requirement for afforestation should be expressly included in the authorisation. effective with native species, which do not damage the landscape and ecological balance.

Art. 47.

Exceptionally and for duly substantiated reasons of public utility, the Council of Ministers may authorise the activities and facilities referred to in Article 45 (1) (b) and (d) of this Regulation. In the same way, the buildings referred to in point (a) and industrial installations in which the requirements of Articles 25.2 of the Law of Costs and 46.1 of this Regulation are not met, may be authorised. importance and that, for justified economic reasons, its location on the coast should be appropriate, provided that, in both cases, they are located in servitude areas corresponding to stretches of coast that do not constitute a beach, or wetlands or other areas areas of special protection. Actions to be authorised as provided for in this Article should be accommodated in the planning of urban planning to be approved by the relevant administrations (Article 25.3 of the Law on Costs).

Art. 48.

1. The permitted uses in the protection servitude zone shall be subject to the authorization of the State Administration, which shall be granted subject to the provisions of the Law of Costs, and in the rules that are dictated, where appropriate, in accordance with the provisions of the Law of provided for in Articles 22 of that Law and 41 and 42 of that Regulation, the conditions which are deemed necessary for the protection of the public domain may be laid down.

2. If the activity requested is directly linked to the use of the public maritime-terrestrial domain, it will be necessary, if necessary, to have previously the corresponding administrative title granted under the Law of Costs (article 26 of the Law of Costs).

3. The authorisations granted must respect the urban planning in force. By default of sorting, their granting to the prior approval of the planning may be conditional.

Art. 49.

1. The competence of the State Administration to grant the authorizations referred to in the previous article corresponds to the Ministry of Public Works and Urbanism.

2. Applications for authorisation shall be submitted to the Peripheral Coast Service, accompanied, in triplicate, by the basic project of the works or installations, as well as by urban certificate with the classification of the soil, dates of approval. of the planning, execution status of the same, and allowed uses.

3. The Peripheral costs service, after payment of the fees, will examine the documentation submitted, requiring the petitioner, in the event of being that incomplete, to remedy the defects observed. to confront the plans of the basic project on the ground.

4. The resolution of the file shall be the responsibility of the Ministry of Public Works and Urbanism, and shall be transferred to the resolution adopted in the manner set out in Article 209.2.

5. The Ministry of Public Works and Urbanism may establish the special conditions which, in each case, may be considered appropriate to include in order to guarantee the effectiveness of the easement, such as those which are intended to prevent or prevent the regression of the coast, the interruption of the wind transport of the arid, the closing of the visual perspectives, the shadows projected on the shore of the sea, the uncontrolled discharge and, in general, the negative impact of the constructions and of the activities that they generate.

6. In accordance with the fourth additional provision of the Law on Costs, authorizations must be exercised within the time limit specified for this purpose, which may not exceed two years, after which they shall be without effect, except where the lack of exercise is attributable to the Administration.

7. Works and constructions carried out in the area of protection shall not be registered in the Register of Property without the authorization referred to in this Article being credited. In order to determine whether or not the farm is included in the zone, the rules established in relation to the inmatriculations of farms adjacent to the public maritime-terrestrial domain will apply with the relevant variations.

Art. 50.

1. For the granting of the authorisations referred to in Articles 25.3 of the Coasts Act and 47 of this Regulation, the following procedure shall be observed:

(a) Presentation in the Peripheral Coast Service of three copies of the basic project of works or installations, accompanied by a reasoned statement of their public utility, carried out by the competent authority of the Community Autonomous, prior to the report of the respective City Council, or, where appropriate, by the Department of the Administration of the State responsible for the matter.

b) Elevation of the file, with its report, to the Ministry of Public Works and Urbanism for processing.

(c) In the event that the request comes from a State Administration Department, the project will be submitted to the respective Autonomous Community and City Council. Such reports shall be issued within a period of one month, after which they shall be deemed to be favourable.

d) Elevation of the file to the Council of Ministers for resolution on the proposal of the Ministry of Public Works and Urbanism, which, in advance and for these purposes, will be able to collect as much data and reports as appropriate. In the case of paragraph (c), the proposal shall be jointly with the Department from which the application is made.

2. The agreement of the Council of Ministers, granting the authorization, shall be sufficient to initiate the action in question, without prejudice to the processing of the file for the modification or revision of the planning, which shall be initiated. simultaneously.

Section 2. First Transit Server

Art. 51.

1. The transit easement will fall on a strip of six meters measured inland from the boundary of the sea bank. This area shall be permanently issued for the public pedestrian crossing and for surveillance and rescue vehicles, except in specially protected areas.

2. In places of difficult or dangerous transit such a width may be extended as necessary, up to a maximum of 20 metres.

3. This area may be exceptionally occupied by works to be carried out in the maritime-terrestrial public domain. In this case, the serfdom zone shall be replaced by a new one under similar conditions, in the form indicated by the State Administration. It may also be occupied for the execution of sea walks (Article 27 of the Law of Costs).

4. The jurisdiction to extend or replace the area affected by the easement, in the cases referred to in paragraphs 2 and 3, shall be the responsibility of the Ministry of Public Works and Urbanism. The extension shall be carried out, where appropriate, in accordance with the provisions of the protection rules or, failing that, in territorial or urban planning. The alternative location shall be located outside the public maritime-terrestrial domain and preferably within the protection servitude zone, in such a way as to ensure the continuity of the transit.

5. Crops in this area will not prevent the exercise of servitude. Any damage that may occur shall not be the subject of compensation.

6. The obligation to leave the transit easement zone expedited refers to both the ground and the flight and affects all uses that impede the effectiveness of the easement.

Section 3. 1st Sea Access Server

Art. 52.

1. The easement of public and free access to the sea shall be, in the form determined in the following paragraphs, on the land adjacent to or adjacent to the maritime-terrestrial public domain, in the length and width required by the nature and purpose of access.

2. In order to ensure public use of the public maritime domain, the plans and norms of territorial and urban planning of the coast will establish, except in qualified spaces as of special protection, the forecast of sufficient access to the sea and car parks, outside the public maritime-terrestrial domain. For these purposes, in urban and urban areas, road traffic must be separated from each other, at most, 500 metres, and the pedestrian, 200 metres. All accesses must be signposted and open to public use for termination (Article 28.1 and 2 of the Law on Costs).

3. Completion of the financing of the implementation of the accesses shall be understood, regardless of the moment of its receipt by the respective City Council. In the case of housing estates existing at the entry into force of the Law of Costs, the provisions of the transitional provisions third, paragraphs 5 and 6, of that Law and the eleventh of this Regulation shall be provided.

4. The procurement of land which, in accordance with paragraph 2, is necessary for the effectiveness of the easement of access to the sea, shall be carried out by means of the mechanisms provided for in the urban legislation.

Art. 53.

1. The land necessary for the realization or modification of other public access to the sea and car parks is declared to be of public utility, for the purposes of expropriation or the imposition of the easement of passage by the State Administration. included in paragraph 2 of the previous article (Article 28.3 of the Law on Costs).

2. For the purposes of carrying out or modifying the public access and car parks referred to in the previous paragraph, the Peripheral Coast Service shall formulate the relevant project and submit it to public information for 30 days and to report the Autonomous Community and the City Council. The approval of the same shall be implied by the declaration of need for occupation, following the provisions of the legislation on compulsory expropriation.

Art. 54.

In no case will works or facilities be allowed to interrupt access to the sea without the interested parties proposing an alternative solution that guarantees their effectiveness in conditions analogous to the previous ones, in the opinion of the State Administration (Article 28.4 of the Law on Costs).

Art. 55.

The competencies attributed to the State Administration in Articles 53 and 54 correspond to the Ministry of Public Works and Urbanism. The land expropriated will be incorporated into the public maritime-land domain.

CHAPTER III

Other property limitations

Art. 56.

1. In the final stages of the channels, the contribution of aggregates to their mouths must be maintained. In order to authorize their extraction, up to the distance that will be determined in each case, the favorable report of the State Administration will be needed in terms of its impact on the maritime-terrestrial public domain (Article 29.1 of the Law of Costs).

2. The Basin Agency or the competent Hydraulic Administration, prior to the resolution of a file for the extraction of public air, or the execution of a project for the development of channels, shall request a report from the For the purpose of this Regulation, the Commission shall, in accordance with Article 3 (1) of Regulation (EC) No No 6/2014, provide for the necessary measures to be taken to ensure that the fishing activities are carried out in accordance with Article 3 (1) of Regulation (EU) No No 6/2014. The relapse resolution will be moved to that Service.

3. The reports of the Peripheral Coastal Service provided for in the previous paragraph shall be issued in accordance with the requirements for the provision of the beaches.

Art. 57.

1. The fields of aggregates, located in the zone of influence, will be subject to the right of tanteo and retraction in the operations of sale, cession or any other form of transmission, in favor of the State Administration, for their contribution to the beaches. To this end, such deposits are declared to be of public interest for the purposes of their total or partial expropriation, if any, by the competent ministerial department and the temporary occupation of the necessary land (Article 29.2 of the the Law of Costs).

2. The competencies attributed to the State Administration in the previous section correspond to the Ministry of Public Works and Urbanism.

3. For the purposes of the exercise of the right of interest laid down in paragraph 1, the owners of the land concerned shall notify the Peripheral Service of Costs of their intention to carry out their transmission, with the expression of the price and method of payment. intended. That Service shall raise a reasoned proposal to the competent body of the Ministry of Public Works and Urbanism, in order for it to adopt the resolution that applies.

4. The Ministry of Public Works and Urbanism may exercise the right of retraction within nine days of the notification of the registration in the Register or, failing that, the notification provided for in the previous paragraph and, in all where the price of the transmission has been less than 20 per 100 to the price expressed in the notification.

For these purposes, the Registrar of the Property and the transmittal must notify to the Peripheral Coast Service the conditions in which the transmission has been carried out. That Service will raise a reasoned proposal to the Ministry of Public Works and Urbanism for resolution.

CHAPTER IV

Influence zone

Art. 58.

1. Territorial and urban planning on land included in an area, the width of which shall be determined in the corresponding instruments and which shall be at least 500 metres from the inland boundary of the sea side, shall respect the requirements for the protection of the public maritime-terrestrial domain through the following criteria:

(a) In sections with a beach and with access to road traffic, land reserves shall be provided for car parks in sufficient amount to agarantize the parking lot outside the transit easement zone.

(b) Buildings will have to be adapted to the requirements of urban legislation. The formation of architectural screens or accumulation of volumes must be avoided without, for these purposes, the density of the building may be higher than the average of the urbanizable ground programmed or suitable for urbanisation in the municipal term. respective.

2. For the granting of the work or use licenses involving the discharge to the maritime-terrestrial public domain, the prior obtaining of the corresponding discharge authorization (Article 30 of the Law of Costs) shall be required.

3. For the purposes of paragraph 1, (b) above, the building density shall be defined as the buildability defined in the planning for the land included in the area.

TITLE III

Using Maritime-Earth Public Domain

CHAPTER FIRST

General provisions

Section 1. General Utilization Regime

Art. 59.

1. The use of the public maritime-terrestrial domain and, in any case, the sea and its bank will be free, public and free for the common uses and in accordance with the nature of the sea, such as walking, being, bathing, sailing, boarding and landing, varar, fish, catch plants and shellfish and other similar acts that do not require any works and facilities of any kind and are carried out in accordance with laws and regulations or standards approved in accordance with the Law of Costs.

2. Uses which have special circumstances of intensity, danger or profitability and those requiring the execution of works to installations may only be covered by the existence of reserve, attachment, authorisation and grant, subject to the conditions of provided for in the Coasts Act, in other special cases, where appropriate, and in the relevant general or specific rules, without the possibility of any right to be invoked under the use of a user, whatever the time has elapsed (Article 31 of the Law of Costs).

Art. 60.

1. Only the occupation of the public maritime-land domain may be permitted for those activities or installations which, by their nature, cannot have any other location (Article 32.1 of the Law on Costs).

2. The activities or installations referred to in the preceding paragraph are:

(a) Those who perform a function or provide a service that, by its characteristics, requires the occupation of the maritime-terrestrial public domain.

(b) The public service or the public which, by the physical configuration of the stretch of coast where their placement is necessary, cannot be located in the fields adjacent to that domain.

3. In any case the occupation shall be as minimum as possible.

Art. 61.

1. For the purposes of paragraph 1 of the foregoing Article, and whatever the enabling title of the occupation and the Administration which grants it, the uses referred to in Articles 25.1 of the Coasts Act shall be expressly excluded. 45.1 of this Regulation, except those of (b), upon declaration of public utility by the Council of Ministers, and the dumping of usable debris in fillings, duly authorised (Article 32.2 of the Law on Costs).

2. The provisions of the above paragraph shall apply to all land-land public domain goods and to all systems of use thereof, including reserves, subscriptions, concessions and authorizations, whichever is the Competent administration.

Art. 62.

Prior to the granting of the enabling administrative title for the occupation of the public domain, the wastewater disposal system must be guaranteed, in accordance with the provisions in force.

The subsequent failure to comply with this obligation will result in the declaration of expiry of the administrative title and the lifting of the facilities, without prejudice to the sanction which, where appropriate, corresponds (Article 32.3 of the Coast Law).

Art. 63.

1. Jetties, ramps or other types of attacks to be used by vessels of regular passenger traffic lines on a commercial, temporary or permanent operating system shall not be placed outside the service area of the ports.

2. Where, for duly justified reasons, the facilities referred to in the previous paragraph are to be located outside an existing port service area, the extension of the site must be approved before the start of the works. port service area, in such a way as to include the affected maritime-terrestrial public domain. Such facilities shall preferably be located outside the beaches and subject to the assessment of their effects on the conditions of protection of the environment.

3. The approval of the location of docking, boarding or landing points or of approach to the coast for vessels intended for coastal tourist maritime excursions outside the service area of the ports shall be the responsibility of the Service Peripheral de Costas and shall be prior to the one to be issued by the competent authority of the Ministry of Transport, Tourism and Communications in the field of Merchant Marine.

Section 2. " Beaches for use of beaches

Art. 64.

1. The beaches shall not be for private use, without prejudice to the provisions of the Coasts Act and this Regulation on demanial reserves.

2. The facilities which, in addition to complying with the provisions of the previous Article, are permitted shall be freely accessible to the public, unless, for reasons of police, economic or other public interest, duly justified, they are authorised. other modes of use.

3. The beach service buildings shall preferably be located outside the beach, with the dimensions and distances specified in the following article (Article 33.1, 2 and 3 of the Law on Costs).

4. Where, in the opinion of the Ministry of Public Works and Urban Planning, it is not possible to locate the buildings of service referred to in the previous paragraph outside the beach, on the seafront or adjacent land, they may be placed on the internal boundary of that.

Art. 65.

1. Concessions and authorizations for the occupation of the public domain by vending establishments of meals and drinks at the service of the beach, in addition to complying with the provisions that apply to them in general and the specific ones The following criteria shall be met in terms of dimensions and distances:

(a) Fixed installations, except in duly justified exceptional cases, shall have a mass occupancy of 150 square metres, of which 100, at most, shall be closed, and shall be at least 200 meters of other similar ones, whether they are located in the public maritime-terrestrial domain as if they are in protection-servitude zone.

(b) Removable installations shall have a maximum occupancy of 20 square metres and shall be fitted with a minimum separation of 100 metres from any other fixed or removable installation.

2. All service pipelines to these facilities must be underground.

3. The sanitation system will ensure an effective disposal of waste water, as well as the absence of bad odours. For this purpose, the facilities must be connected to the general sanitation network, if it exists, in any case the drainage or absorption systems that may affect the sand of the beaches or the quality of the water bath.

Art. 66.

No air-laying on the beaches shall be permitted on the beaches, unless duly justified material impossibility.

Art. 67.

The occupation of the beach by installations of any kind, including those corresponding to seasonal services, may not exceed, in aggregate, half of the surface of the beach in pleamar and will be distributed in a way uniform throughout the same. A further distribution of the State Administration will be requested where special conditions are deemed to exist (Article 33.4 of the Coasts Act).

Art. 68.

1. The parking and unauthorised movement of vehicles, as well as the camps and camping sites (Article 33.5 of the Law on Costs) will be prohibited.

2. Such prohibitions shall apply to all public maritime-terrestrial domain, except for the parking and movement of vehicles, which shall only affect the beaches.

3. Camping shall mean the installation of tents or of habitable vehicles or trailers. Camp shall be understood as an organized camping provided with the services established by the current regulations.

4. Those who violate the prohibitions laid down in this Article shall immediately, at the oral request of the Agents of the Administration, immediately dislodge the public domain occupied, without prejudice to the instruction of the sanctioning file when it is from. The Peripheral Costas Service may be interested in the Government Delegate or Civil Governor to collaborate with the public force when necessary.

Art. 69.

1. Sports and recreational boating shall be prohibited in the duly placed bathing areas, and the use of any type of vessel or floating means moved to sail or motor. The launch or stranding of vessels shall be carried out through duly signposted channels.

2. In the stretches of coast which are not bordered as a bathing area, it shall be understood that the bathing area is adjacent to the coast of a width of 200 metres on the beaches and 50 metres on the rest of the coast.

Within these zones, it will not be possible to sail at a speed of more than three knots, and the necessary precautions must be taken to avoid risks to human safety. Any type of spill from vessels shall be prohibited.

Art. 70.

In the absence of planning or of the standards referred to in article 71, the occupation of the beach by installations of any kind, even the corres-pondering to seasonal services, must observe, in addition to indicated in the above articles, the following determinations:

(a) A strip of at least 6 metres shall be permanently free from the shore in pleamar.

(b) The lengths of the sections free of occupancy must be at least equivalent to those provided for in operation, without the latter being able to exceed 100 metres, unless the configuration of the beach advises another distribution.

(c) The launch and stranding zones shall preferably be located at the ends of the beach or in other areas where their interference with the common uses referred to in Article 59.1 is minimised and in connection with access and access. Channel-based channels.

Section 3

Art. 71.

1. The State Administration, without prejudice to the powers of Autonomous Communities or Councils, shall lay down general rules and specific rules for certain sections of the coast, on the protection and use of public domain. Land-maritim-land, subject to the provisions of the Law of Costs. Such rules shall include guidelines on the following matters:

a) Realization of advocacy, regeneration, recovery, improvement and conservation of the public domain.

b) Priorities to meet the demands of use, existing and foreseeable, in particular on seasonal services on beaches, discharges and extraction of aggregates on the shore of the sea and on the qualified grounds of domain public pursuant to Articles 4 and 5 of the Law on Costs.

c) Localization in the public domain of infrastructure and facilities, including waste water disposal and sea discharge.

d) Granting concessions and authorizations.

e) Regime for the use of beaches, human safety in bathing sites and other general conditions for use of beaches and their facilities.

(f) Acquisition, affectation and disaffection of land (Article 34.1 of the Law on Costs).

2. The specific rules shall cover at least one physiographic or morphological unit relating to the coastal dynamic or territory, respectively, or, where appropriate, one or more complete adjacent municipal terms.

Art. 72.

When the rules include the human safety and health status of persons in the bathing areas, the Ministry of Public Works and Urbanism shall submit them to the competent body in that matter.

Art. 73.

The specific rules will be submitted to the Autonomous Community and the corresponding City Council, prior to their approval (Article 34.2 of the Law on Costs).

Art. 74.

The reports referred to in Articles 72 and 73 shall be issued within a period of one month, after which the processing of the file has not been completed. Where documentation or supplementary information is requested, the calculation of the time limit shall be interrupted.

Section 4. Other Common Principles

Art. 75.

Applications for the use of the public maritime domain that are clearly opposed to the provisions of the regulations in force will be denied and filed within the maximum period of two months, without further processing than the hearing. prior to the requester.

If there are any deficiencies that may be remedied, they will proceed in the manner provided for in the Law of Administrative Procedure (article 35.1 of the Law of Costs).

Art. 76.

1. The competent authority shall communicate the deficiencies observed to the petitioners so that they may make their claims or subs1 them within ten days, in other cases proceeding to their refusal and file, resolution to stakeholders.

2. Where the State Administration is competent, it is up to the Ministry of Public Works and Urbanism, through the Peripheral Coast Service, to exercise the powers provided for in the previous paragraph.

Art. 77.

The Administration is not obliged to grant the titles of use of the public maritime-terrestrial domain that are requested according to the determinations of the approved plan or rules, and may be denied for reasons of duly motivated public interest or other public interest (Article 35.2 of the Law on Costs).

Art. 78.

1. In the case of uses likely to cause damage or damage to the public or private domain, the State Administration shall be empowered to require the applicant to present all economic studies and guarantees in the Member State concerned. the following paragraph for the prevention of those goods, the replacement of the goods concerned and the corresponding compensation (Article 36 of the Law on Costs).

2. For the purposes of establishing the economic guarantees referred to in the preceding paragraph, the following shall be taken into

:

(a) They shall be determined by the competent authority of the State Administration for the award of the title, once in accordance with the studies presented, which shall include appropriate corrective measures. for the prevention of damage and the replacement of property.

(b) They may be formalized by any of the systems supported by the current rules, they shall be irrevocable, they shall be automatically executed and shall be extended until the expiration date.

For enforcement, where appropriate, the provisions of Section 2. of Chapter 3 of Title V of this Regulation shall be provided.

(c) The possible condition relating to the private domain and the corresponding compensation shall be determined by the Administration, either on its own initiative or at the request of the duly justified injured party, without prejudice to the actions judicial that he himself may exercise.

Art. 79.

1. The occupation of the public domain will in no way imply the cession of this, nor its use will mean the cession of the demanial faculties of the State Administration, nor the assumption by this of responsibilities of any kind with respect to the holder of the right to the occupation or to third parties. The aforementioned holder shall be liable for damages which may cause the works and activities to the public and private domain, except in the case where those have their origin in a clause imposed by the Administration to the holder. and be of inescapable compliance by this one.

2. The State Administration shall maintain at all times the powers of guardianship and police over the affected public domain, the owner of the occupation or activity being obliged to inform that of the incidents that occur in relation to the with such goods and to comply with the instructions given to you.

3. The competent authority shall keep the register of uses of the public-land-land public domain, in which it is automatically entered, in the form specified in Article 80, the reserves, subscriptions and concessions, as well as the authorisations for polluting discharges, reviewing at least annually the fulfilment of the conditions laid down, as well as the effects produced. Such records shall be of a public nature, with the appropriate certification of their content being of interest, and the same means of proof of the existence and situation of the corresponding administrative title. Changes in ownership and characteristics that may occur shall also be reflected in the corresponding seat (Article 37 of the Coasts Act).

Art. 80.

1. In the case of uses for which the authorisation corresponds to the State Administration, the Register shall be composed of individual tokens duly numbered and authenticated and may be replaced by a data bank which is capable of processing. The competent authority may issue instructions on its content.

2. For the purposes of the preceding paragraph, tokens shall be drawn up for each of the uses indicated above, which shall contain at least the following data: Province, municipal term, location, destination, holder, area granted, time limit, fee and, where applicable, changes in ownership and characteristics, extensions and penalties for serious infringements.

3. Certifications on the contents of the Register of Uses will be requested from the competent Administration.

4. The Register will be carried by the Ministry of Public Works and Urbanism and the certifications on its content will be requested to the Peripheral Coast Service.
For these purposes, this Service will carry an updated duplicate of the Register for certificates based on their territorial division, which may be replaced by a computer connection with the data bank referred to in paragraph 1.

Art. 81.

1. Advertising shall be prohibited by means of posters or billboards or by acoustic or audiovisual means.

2. It shall also be prohibited, irrespective of the means of dissemination used, for the announcement of activities in the public maritime domain which do not have the corresponding administrative title or which do not comply with their conditions (Article 38). of the Law of Costs).

3. The prohibition set out in the above paragraphs is applicable to any site or medium of dissemination, including for advertising from the air.

The label labels of the establishments shall not be considered as advertising, provided that they are placed on their facade and do not result in a reduction of the visual field.

Art. 82.

1. The companies supplying electricity, water, gas and telephony will require for the hiring of their respective services the presentation of the administrative title required according to the Law of Costs for the realization of the works facilities on the beaches, land-land area or sea (Article 39 of the Coasts Act).

2. The supplying companies shall keep a copy of the relevant concession or authorisation for their display or requirement of the competent authority.

Art. 83.

The previously unauthorised uses, in accordance with the Law of Costs, shall be sanctioned in accordance with the provisions of Title V, without prejudice to their legalisation where possible and deemed appropriate, in where appropriate, the procedure and the criteria laid down in the Law on Costs and this Regulation for the granting of the corresponding title (Article 40 of the Law on Costs) shall be followed.

Art. 84.

1. In the event of a storm, serious risk, disaster or public calamity or any other state of need, urgency or concurrency of anomalous or exceptional situations, the competent authority may, without delay and without prior compensation, the public domain occupied and the works and facilities granted or authorised, in so far as it deems necessary for the protection and security of the goods and persons concerned. For the corresponding indemnities, the Law on Compulsory Expropriation (Article 41 of the Law on Costs) will be in place.

2. The competent authority may temporarily close the domain to public use, where circumstances so advise, in order to avoid risks to the safety or health of users or in other anomalous or exceptional situations, without this closure can give rise to any kind of compensation.

CHAPTER II

Projects and works

Art. 85.

1. For the competent administration to resolve the occupation or use of the public maritime-terrestrial domain, the corresponding basic project will be formulated, in which the characteristics of the installations and works will be fixed, the extension of the area of public maritime-terrestrial domain to be occupied or used and the other specifications laid down in Article 88. Subsequently, and before the works are started, the construction project will be formulated, without prejudice to the fact that, if desired, the petitioner may present this and not the basic one accompanying his application.

2. Where the planned activities could lead to a major alteration of the public maritime-terrestrial domain, a prior assessment of its effects on the public domain shall be required in the form set out in the following paragraph (Article 42.1 and 2 of the Coasts Act).

3. The assessment shall include the study of the impact of the planned activities on the public maritime-terrestrial domain, both during its implementation and during its operation, and should include, where appropriate, the necessary corrective measures.

Art. 86.

The project shall be subject to public information, except in the case of authorisations or activities related to national defence or for security reasons (Article 42.3 of the Law on Costs).

Art. 87.

When it is not used by the Administration, an economic-financial study shall be accompanied, the content of which shall be as defined in Article 89, and the estimated budget of the works located in the public domain. Land-maritim-land (Article 42.4 of the Law on Costs).

Art. 88.

The basic project, which must be subscribed by competent technician, will contain the following documents:

(a) The supporting and descriptive report, where appropriate, which shall contain the declaration referred to in Article 96, as well as the specifications referred to in Article 85 and other relevant data, such as: basic project criteria, the programme for the implementation of the work and, where appropriate, the waste water disposal system.

(b) Planes: Where appropriate, at a convenient scale; location, with representation of the deslinde and the area to occupy, at scale not less than 1/5,000, with the classification and urban uses of the environment; topographic of the state at scale not less than 1/1,000; of general plant, in which the planned installations and works are represented, which shall include the dislinde and the surface to be occupied or used in the public maritime-terrestrial domain, shore lines, areas of transit, protection and access services and, where appropriate, the restoration of the affected and land to be incorporated into the public maritime-terrestrial domain of raised and characteristic sections, when they are necessary for its definition, with the geometry of the works and installations.

c) Photo information about the area.

d) Budget with the valuation of the most significant work units and items.

Art. 89.

In the event that direct management by the Administration is not foreseen, the economic-financial study referred to in Article 87 shall develop the foreseeable development of the holding, considering various alternatives of the repayment term in accordance with the provisions of this Regulation, and shall contain:

(a) Estimated income ratio, with fees payable by the public and, if applicable, decomposition of its constituent factors as a basis for future revisions.

b) Relation of expenses, including those of projects and works, and fees and charges to be met, as well as conservation, energy consumption, personnel and other necessary for exploitation.

In addition, the costs arising from the corrective measures to be imposed, as well as the costs arising from the monitoring plan for the verification of the effectiveness of those measures, shall be included where these exist.

c) Net profitability assessment, before tax.

Art. 90.

1. The works will be executed according to the construction project that will be approved in each case, which will complete the basic project (article 43 of the Law of Costs).

2. The address of the works shall be carried out by competent Technician.

Art. 91.

1. The projects shall be formulated in accordance with the planning which, where appropriate, develop and subject to the general, specific and technical standards approved by the competent authority, depending on the type of work and its location.

2. They shall provide for the adaptation of the works to the environment in which they are located and, where appropriate, the influence of the work on the coast and the possible effects of the latter's regression.

3. Where the project contains the forecast of actions at sea or in the maritime-land area, it shall include a basic study of the coastal dynamics referred to in the corresponding coastal physiographic unit and the effects of the actions. intended.

4. For the creation and regeneration of beaches, priority should be given to action on the surrounding areas, the removal or mitigation of the barriers to the marine transport of aggregates, the artificial contribution of these, the submerged works at sea and any other action involving the least aggression against the natural environment
(Article 44.1, 2, 3 and 4 of the Law on Costs).

Art. 92.

The basic survey of coastal dynamics referred to in Article 91.3 shall be accompanied as annexed to the Memory and shall comprise the following:

a) Study of coastal transport capacity.

b) Sedimentary balance and development of the coast line, both prior and foreseeable.

c) Maritime weather, including both directional and temporary wave and wave statistics.

(d) Batimetries to areas of the fund that are not modified, and the form of balance, in plant and profile, of the tranche of costs concerned.

e) Geological nature of the funds.

f) Subsea biosphere conditions.

g) Available resources of aggregates and quarries and their suitability, forecast of dredging or sand transfers.

h) Plan to monitor the planned actions.

i) Proposal for the minimisation, where appropriate, of the impact of the works and possible remedial and compensatory measures.

Art. 93.

The significant decrease of the existing beach surface, caused by the projected activities, should, if necessary, be compensated with another equivalent, to create or regenerate in the area, without this compensation being a condition sufficient for the title to be granted.

Art. 94.

1. The sea walks will be located off the shore of the sea and will be preferably pedestrian (article 44.5 of the Law of Coasts).

2. In the case of changes in the characteristics of the sea-side strolls on the sea side, roads shall not be allowed on the shore, unless there is no possibility of placing other alternative routes in the vicinity.

Art. 95.

1. Waste water treatment facilities will be located outside the sea bank and the first twenty metres of the protection servitude zone. The installation of collectors parallel to the coast within the shore of the sea and the first twenty metres of the adjoining land shall not be authorised (Article 44.6 of the Law of Costs).

2. Repair of existing collectors and their construction shall not be understood to be included in the prohibition of the previous paragraph when they are integrated into sea walks or other urban roads.

Art. 96.

1. The projects shall contain the express declaration that they comply with the provisions of the Law of Costs and of the general and specific rules for their development and implementation (Article 44.7 of the Law on Costs).

2. The authors shall respond to the accuracy and veracity of the technical and urban planning data recorded.

Art. 97.

1. The processing of the projects of the State Administration shall be carried out in accordance with the provisions of this Article, subject, where appropriate, to public information and reports of the Departments and Agencies to be determined. If, as a result of the arguments put forward in this procedure, substantial changes were made to the project, a new reporting period will be opened (Article 45.1 of the Costs Act).

2. The provisions of this article for the projects to be carried out by the State Administration shall apply to those of the works of general interest referred to in Articles 111 of the Law of Costs and 204 of this Regulation.

3. Projects shall contain the documents referred to in the State Contracts legislation.

4. The processing of the projects of first establishment, reform or major repair works will comprise:

(a) The phase of public information, if any, within twenty days.

b) Report of the Autonomous Community.

c) Report of the City Council on whose term the works are deployed.

(d) Report of the competent authority of the Ministry of Transport, Tourism and Communications in the field of navigation, in the case of works at sea that may pose a risk to maritime safety.

e) Report of the competent authority on the costs of the Ministry of Public Works and Urbanism, in the case of projects of other organs or departments.

5. The reports may be collected during the period of public information, and must be issued within one month, after which, without having been evacuated, the processing of the file shall be continued.

6. The projects of the Ministry of Public Works and Urban Planning, or of works of minor repairs or maintenance and maintenance, will be excluded from the previous processing.

Art. 98.

1. The approval of such projects shall imply the need for occupation of the goods and rights which, where appropriate, must be expropriated. To this end, the project must include the individual and individual relationship of the goods and rights concerned, with the material description of the goods and rights (Article 45.2 of the Law on Costs).

2. For the purposes of the preceding paragraph, the project shall include an annex of expropriations, which shall include, in addition to that specified in that paragraph, the following data:

(a) A parcelary plane, with the individual farms and affected operators, the line of dislinde of the public maritime-terrestrial domain must be included.

(b) Economic valuation of the goods and rights concerned, accompanying, where appropriate, certification of the cadastral value of the goods and rights, issued by the competent body of the Ministry of Economy and Finance.

Art. 99.

The need for occupation will also cover the goods and rights included in the project review and in the modifications of work that can be subsequently approved, with the same requirements as in the articles (Article 45.3 of the Law on Costs).

Art. 100.

In order to guarantee the integrity of the maritime-terrestrial public domain and the effectiveness of the protection measures on it, the State Administration may approve plans of works and other actions of its competence (Article 46 of the Law on Costs).

CHAPTER III

Reservations and subscriptions

Section 1. Reservations

Art. 101.

1. The Administration of the State may reserve the total or partial use of certain belongings of the maritime-terrestrial public domain exclusively for the purposes of its competition, provided that the circumstances are met. prevented from Articles 32 of the Law of Costs and Articles 60 and 61 of this Regulation.

2. The reservation may be for the conduct of studies and investigations, or for works, facilities or services. Its duration shall be limited to the time required for the fulfilment of the purposes referred to in the previous paragraph.

3. The reserve zone declaration shall be made in accordance with the rules laid down in Articles 34 of the Coasts Act and 71 of this Regulation, or, failing that, by agreement of the Council of Ministers. It shall prevail against any other use and shall imply the declaration of public utility and the need for occupation, for the purposes of expropriation of pre-existing rights which are incompatible with it (Article 47 of the Law of Costs).

4. The requested reservation must be accompanied by the project of the works and installations or, if they do not exist, of the definition of uses or activities to be carried out on the affected area.

5. The reserve zone declaration must be submitted to the Autonomous Community and, in accordance with the provisions of Articles 115, b) of the Law of Costs and 208, b) of this Regulation, of the affected municipalities. It must also submit to a mandatory report from the Ministry of Public Works and Urbanism, when the same is done in favor of another ministerial department. These reports shall be issued within one month, after which the processing of the file shall be continued without having been evacuated.

6. In the absence of rules, the proposal will be raised to the Council of Ministers by the ministerial department to which the reservation is made.

7. The reserve will be declared, a record and plan will be signed by representatives of the affected ministerial department and the Ministry of Public Works and Urbanism.

8. Works and installations, or uses or activities, for which the reservation was declared, may not be modified for the duration of the reservation. Your modification will have identical processing as the initial request.

Art. 102.

1. The use or exploitation of the reserve areas may be carried out by any of the direct or indirect management procedures as determined in paragraph 3 of this Article.

2. The reservation may in no case be covered by other uses or activities other than those that justified the declaration (Article 48.1 and 2 of the Law on Costs).

3. For the purposes of paragraph 1, the following forms of indirect management are considered:

a) Consortium with other legal, public or private persons.

b) Concession.

c) Interested management.

d) Concert.

e) Society of mixed economy.

f) Any other legally established mode.

Section 2

Art. 103.

1. The attachment of land-land public domain goods to the Autonomous Communities for the construction of new ports and routes of transport of ownership of those, or of extension or modification of the existing ones, will be formalized by the State administration. The portion of the public domain assigned shall retain such legal status, corresponding to the Autonomous Community, the use and management of the same, appropriate to its purpose and subject to the relevant provisions. In any event, the time limit for concessions granted in respect of the assets assigned shall not exceed 30 years (Article 49.1 of the Law on Costs).

2. The addition of maritime-terrestrial public domain goods to the Autonomous Communities shall be carried out in the case of the construction, extension or modification of ports or transport routes of their competence, as long as they are or are to be managed directly by the same. In the case of indirect management, the petitioner must obtain the corresponding concession of occupation in accordance with Articles 64 of the Law of Costs and 129 of this Regulation.

3. The attachment shall be limited to the area of public maritime-land domain occupied by the port service area or by the means of transport, not being able to be granted without the approval of the deslinde of the area of public domain affected land-land.

Art. 104.

1. For the purposes set out in the previous article, the projects of the Autonomous Communities shall have the favourable report of the State Administration, in respect of the delimitation of the State-wide public domain which may be attached to it. measures necessary for the protection of the public domain, without which those requirements cannot be definitively adopted.

2. The final approval of the projects will imply the addition of the public domain in which the works are located and, where appropriate, the delimitation of a new port service area. The membership will be formalised by means of the act signed by both administrations (Article 49.2 and 3 of the Law on Costs).

3. The addition of land-maritime public domain property to the Autonomous Communities shall not be payable by the State Administration, nor shall the concessions or authorizations granted by the Autonomous Communities in the domain public. Those who grant outside such a domain, in matters falling within their jurisdiction, shall bear the corresponding occupation fee in favour of the State Administration.

Art. 105.

The attachment will be formalized using the following procedure:

(a) The Autonomous Community concerned shall forward the project to the Ministry of Public Works and Urbanism for its report, prior to its final approval.

The report must be issued within two months from the time the Ministry of Public Works and Urbanism has the necessary documentation.

b) Approved definitively the project by the Autonomous Community, it will notify the Ministry of Public Works and Urbanism of this resolution, after which they will subscribe minutes and plan of membership by representatives of both Administrations.

c) The works cannot be started until the attachment has been formalized.

Art. 106.

1. The Ministry of Public Works and Urbanism shall determine the lights and signals to be constituted by the Ministry of Public Works and Urbanism, as well as their modification or deletion.

2. The Ministry of Public Works and Urbanism will supply the optics and spare parts necessary for this, corresponding to the Autonomous Community its credit and the responsibility for its operation, maintenance and conservation in the terms foreseen in the corresponding Royal Decrees for the transfer of functions and services in the field.

3. The competent authority of the Ministry of Transport, Tourism and Communications in the field of Merchant Marine, for reasons of safety for navigation, may decree the closure of the port to the maritime traffic if the instructions are not complied with to the beacon, upon request and hearing to the Autonomous Community.

Art. 107.

1. Maritime-terrestrial public domain goods assigned to an Autonomous Community, which are not used for the purpose of the purposes to which they are assigned, or which are necessary for economic activity or the general interest, according to the Articles 131 and 149 of the Constitution, will revert to the State, after hearing of the Autonomous Community, by the procedure that is determined in the next paragraph, and will be given the destination that in each case will be obtained (article 50 of the Law of Costs).

2. In the event of non-compliance with the purposes that justified the attachment, the reversal shall be in accordance with the following procedure:

(a) The Ministry of Public Works and Urbanism shall inform the Autonomous Community, by means of a reasoned letter, of the facts determining the non-compliance, with the warning that it may give rise to the reversal.

(b) The Autonomous Community may make any allegations which it considers relevant within a period of one month, after which the processing of the file may be continued.

(c) Where the claims made by the Autonomous Community do not justify the deviations assessed, the Ministry of Public Works and Urbanism shall require the Ministry of Public Works and Urbanism to correct them within the time limit set for this purpose. point out, which may not be less than three months and not more than one year.

(d) If the deviations are not corrected within the aforementioned period, the Ministry of Public Works and Urbanism, after hearing the Autonomous Community, will propose to the Council of Ministers the reversal.

3. When the reversal is established by the Autonomous Community, the proposal will be raised to the Council of Ministers, through the Ministry of Public Works and Urbanism.

4. In the other cases, the reversal shall require the prior notification to the Autonomous Community of the reasons justifying it, in order to enable it to make, within a period of one month, any allegations which it considers relevant. These claims will be incorporated into the proposal to be raised to the Council of Ministers.

5. In any event, the reversal shall take effect from the date on which it is agreed by the Council of Ministers and shall be formalised by means of the minutes to be signed by the representatives of both administrations.

CHAPTER IV

Authorizations

Section 1. General Provisions

Art. 108.

1. The activities in which, even without requiring works or installations of any kind, are subject to special circumstances of intensity, danger or profitability, and also the occupation of the domain, shall be subject to prior administrative authorization. public maritime-land with removable facilities or with movable property.

2. It shall be understood as non-mountable installations:

a) Precise at most one-off works of foundation, which, in any case, will not stand out from the ground.

(b) consist of prefabricated series elements, modules, panels or the like, without the manufacture of materials or the use of welds.

c) Be mounted and dismantled by sequential processes, with the possibility of being lifted without demolition and the assembly of its elements easily transportable (article 51 of the Law of Costs).

3. It is understood that special circumstances of intensity, danger or profitability are present when in the activities they are given, respectively, of any of the following:

(a) That they are not compatible with the activities referred to in Articles 31.1 of the Coasts Act and 59.1 of this Regulation.

b) That their exercise means a danger or risk to the integrity of persons or property.

c) That the use of the public maritime-terrestrial domain is a determining factor in the economic profitability of the activity.

4. Occupation with movable property shall mean that produced by its parking in the public-land public domain on an ongoing basis or, in any case, for longer than one day.

Art. 109.

1. Applications for authorisation may relate only to the facilities and activities provided for in the general and specific rules which are laid down in accordance with Article 34 of the Law on Coasts and concordance with this Regulation.

2. Applications may be submitted for public information as determined in Article 146.8.

3. Authorisations shall be granted on a personal and non-transferable basis, except in the case of discharges, and shall not be entered in the Register of Property.

4. The term of maturity shall be as determined in the corresponding title, and shall not exceed one year, except in cases where the Law of Costs establishes a different one (Article 52 of the Law of Costs).

5. Where the general or specific rules referred to in paragraph 1 of this Article have not been laid down, applications for authorisation shall be granted, where appropriate, with the criteria laid down in general in this Regulation for each type of facility or activity and in accordance with applicable urban planning.

Art. 110.

1. Authorizations may be revoked unilaterally by the Administration at any time, without the right to compensation, when they are incompatible with the regulations approved after, they produce damages in the public domain, prevent their use for activities of greater public interest or impaired public use.

2. The holder shall have the right to withdraw from the public domain and his servitude areas the appropriate facilities and shall be obliged to withdraw the authorization if the competent authority so determines in the the form and time limit set out in the following paragraph. In any case, it will be obliged to restore the altered physical reality (Article 55 of the Law of Costs).

3. The withdrawal shall be carried out by the holder within the time limit set by the Administration from the expiry of the authorisation, which shall not exceed 15 days.

4. If the withdrawal does not take place within the prescribed period or conditions, the Administration shall carry out its subsidiary implementation, applying the guarantee provided for in this respect. If the same is not enough, the difference shall be paid within ten days, in other cases where the award is made.

Section 2. Season Services on beaches

Art. 111.

1. The authorisations for the operation of seasonal services on the beaches, which require only removable installations, shall be granted to the Ayaldones who so request, in the form specified in the following paragraphs and with subject to the conditions laid down in the relevant general and specific rules.

2. Under no circumstances may the granting of such authorisations be subject to the principle of public use of the beaches (Article 53 of the Law on Costs).

3. During the first month of each year, the Peripheral Coastal Service of the Ministry of Public Works and Urbanism will be directed to the coastal municipalities of its territorial scope, setting a deadline, which will not exceed two months, to request, with preferential status, authorisations for the operation of seasonal services.

4. The municipalities interested in the operation of the services, must submit the application for the corresponding authorization, directly in the Peripheral Coast Service or through the Autonomous Community, within the period previously established, accompanied by the proposal for the delimitation of zones to be occupied by those, of the plans of the facilities and services whose definition so requires and of the economic-financial study.

5. Granted the authorization by the Peripheral Coast Service, the Councils, prior to the payment of the corresponding occupation fee, may proceed to their exploitation, by themselves or by third parties.

6. In the case of exploitation by third parties, the Peripheral Costs Service shall include, among the terms of the authorization, the obligation of the City Council to require them to make a deposit prior to that in the General Box of Deposits, in order to respond to the costs of the subsidiary execution of the lifting of the facilities if they do not arise, within the period to be fixed by that Service.

The City Council shall communicate to the Peripheral Coast Service the nominal relationship of the third parties in charge of the holding, prior to the commencement of the operation.

7. Upon completion of its installation, the City Council will require the Peripheral Coast Service to practice its recognition in order to verify its agreement with the authorization granted.

8. The Peripheral costs service may grant the authorisation to other natural or legal persons, after processing in accordance with the procedure laid down in this Regulation, in the following cases:

(a) Where the request of the City Council has not occurred during the period referred to in paragraph 3 above.

b) When such request is legally unacceptable.

(c) When the City Council has incurred non-compliance with the conditions of the title in the previous season, disregarding the express requirement of that Service.

Where appropriate, the Peripheral Coast Service may hold a tender for its award, as provided for in Article 152, to which the Town Hall may be presented at parity with the other contestants.

9. In subsequent seasons, if no municipal proposal is proposed, requesting a change in the delimitation of zones to be occupied by these services and no new circumstances, the Peripheral Coast Service may approve the same delimitation of the previous season.

10. Special use cases shall not be permitted, irrespective of their intended purpose, or of storage or storage of goods intended for seasonal services or for any other purpose.

11. For the commercially exploited floating equipment, the authorization of the Peripheral Coast Service for the placement of the launching zones and stranded within the boundaries for the purposes of the commercial operating equipment must be obtained by the interested parties. seasonal services, prior to the operation to be granted by the competent body of the Ministry of Transport, Tourism and Communications in the field of Merchant Marine.

Art. 112.

By way of derogation from the foregoing Article, the total or partial exploitation of seasonal services may be granted to holders of concessions for the creation, regeneration or conditioning of beaches, in terms of are set out in the relevant title (Article 54 of the Law on Costs).

Section 3. Vertids

Art. 113.

1. The provisions of this Section apply to discharges, both liquid and solid, whatever the good of public-sea-land public domain in which they are carried out.

2. Discharges into the sea from ships and aircraft shall be regulated by their specific legislation.

3. The discharge of solid waste and debris into the sea and its riverside, as well as the area of protection, shall be prohibited except where these are usable as fillers and are duly authorised (Article 56 of the Law on Costs).

Art. 114.

1. All discharges shall require the approval of the competent authority, which shall be granted subject to the applicable state and regional legislation, without prejudice to the granting of public domain occupation, where appropriate.

2. In the case of polluting discharges, the rules referred to in Articles 34 of the Law on Coasts and 71 of this Regulation will also require the petitioner to justify the impossibility or difficulty in advance. to apply an alternative solution for the disposal or treatment of such discharges. Substances and forms of energy which may lead to a higher risk or harm than to the permissible public health and natural environment, in accordance with the rules in force, shall not be permitted.

3. In the light of the quality objectives set for the pollution-receiving medium, discharges shall be limited to the extent permitted by the state of the art, raw materials and, in particular, by virtue of the absorption capacity of the pollution load, without any significant alteration of that medium (Article 57 of the Law on Costs).

Art. 115.

1. The conditions to be included in the discharge authorisations shall include those relating to:

(a) Term of maturity, not exceeding thirty years.

(b) the necessary treatment, purification and evacuation facilities, establishing their characteristics and the control elements of their operation, with the dates of initiation and completion of their execution, as well as your entry into service.

c) Annual dumping volume.

(d) Qualitative limits on discharge and time limits, if they arise, for the progressive adaptation of the effluent characteristics to the limits imposed.

e) Assessment of the effects on the receiving medium, water quality objectives in the receptive area and forecasts which, if necessary, should be adopted to reduce pollution.

f) Landfill Canon.

2. The competent authority may modify the conditions of the discharge authorisations, without the right to compensation, where the circumstances which led to its grant were altered, or other than, if there were previously, they would have justified their refusal or grant in different terms. If the Administration deems it necessary, it may suspend the effects of the authorisation until the new conditions laid down are met.

3. Where the holder of the authorization does not make the amendments within the time limit which the competent authority has given him, the competent authority may declare the authorisation for discharge to be valid, without prejudice to the imposition of the penalties. appropriate (Article 58, 1, 2 and 3 of the Coasts Act).

4. The discharge authority shall monitor the state of the works which support it, and shall, where appropriate, carry out the necessary measures to ensure that it operates under the conditions laid down in the Directive. same.

Failure to comply with this obligation, which will appear in the condition of the authorization, will be the cause of expiration in the terms provided for in the authorization.

Art. 116.

1. The extinction of the discharge authorization, whatever the cause, will imply the inherent concession of occupation of the maritime-terrestrial public domain (article 58.4 of the Law of Costs).

2. To this end, the Administration that has declared the authorization to be extinguished shall bring it to the attention of the Ministry of Public Works and Urbanism, in order for it to proceed to the extinction of the concession of occupation without further processing.

Art. 117.

The competent administration may carry out as many analyses and inspections as it deems appropriate to verify the characteristics of the discharge and to verify, where appropriate, compliance with the conditions laid down in the authorisation. of the dumping
(Article 58.5 of the Law on Costs).

Art. 118.

Where the importance or complexity of the treatment facility so advises between the conditions of the authorisation may be included the requirement that the management of the holding be carried out by competent technician or A dedicated collaborative company for its maintenance, with the presentation of periodic certificates on its operation, as well as its insurance.

Art. 119.

1. User Boards may be constituted for the joint treatment and final discharge of liquid effluents (Article 58.6 of the Law on Costs).

2. The regulation of the composition and functioning of the Board of Users, as well as the causes and form of its variation or dissolution, shall be approved by the granting authority of its authorization, at the request of the users themselves, or, failing that, where it considers it necessary to ensure compliance in due form with the terms of the authorisation.

Art. 120.

In cases where the discharge may lead to the infiltration or storage of substances susceptible to the contamination of groundwater or groundwater, it will be necessary to carry out a hydrogeological study which justify their safety (Article 59 of the Law on Costs).

Art. 121.

1. Without prejudice to other specific laws and to the requirements of the control and reduction programmes for pollution by discharges of hydrocarbons into the sea, oil refineries, chemical and petrochemical plants, and Installations for the supply of liquid fuels which have terminals for loading and unloading hydrocarbons in the ports, territorial waters and inland waters must be provided, in the vicinity of the terminals, to the reception facilities of the hydrocarbon residues and how many other means to prevent and combat oil (i) the Commission is not in a position to take action on the matter. Also, the platforms and facilities dedicated to the exploration of hydrocarbons at sea, their exploitation or storage, must have the necessary means to prevent and combat the spills that may occur (article 60 of the Law of Costs).

2. The disposal of waste reception elements and other means of prevention shall be required by the competent authority to authorise the operation of the facilities referred to in the previous paragraph.

Art. 122.

Administrative authorisations for the establishment, modification or transfer of installations or industries originating in or may cause discharges into the public maritime domain shall be subject to conditions for obtaining the corresponding discharge authorisations and concessions for the occupation of that domain (Article 61 of the Law on Costs).

Art. 123.

The competent authority may prohibit, in specific areas, those industrial processes whose effluents, despite the treatment to which they are subjected, may constitute a risk of contamination higher than the permissible level, according to the rules in force for the public maritime-terrestrial domain, either in normal operation or, where appropriate, of foreseeable exceptional situations (Article 62 of the Law on Costs).

Section 4.

Art. 124.

1. In order to grant authorizations for the extraction of aggregates and dredging, the assessment of their effects on the public maritime-terrestrial domain, referred to both the place of extraction or dredging and the discharge, in their case, will be necessary. The stability of the beach will be safeguarded, preferably considering its needs for the contribution of aggregates.

2. The extraction of aggregates for construction shall be prohibited except for the creation and regeneration of beaches (Article 63, 1 and 2 of the Law on Costs).

3. Dredging or extraction of aggregates from the sea shall be understood to be included in the prohibition of the previous paragraph.

Art. 125.

1. The conditions of the authorisation shall include those relating to:

a) The deadline by which it is granted.

b) Volume to be extracted, dredged or downloaded to the public maritime-terrestrial domain, rhythm of these actions and working time.

c) Execution procedure and machinery.

d) Destination and, where applicable, place of unloading in the public domain of the extracted or dredged products.

e) Means and guarantees for the effective control of these conditions (Article 63, 3, of the Law of Costs).

2. It shall also be included, as a specific cause of revocation, as laid down in Article 127, with the intended effects.

Art. 126.

1. The competition for the granting of the authorizations referred to in this section will be exercised by the Ministry of Public Works and Urbanism through the Peripheral Services of Costas.

2. The processing of the authorisations shall be in accordance with the general procedure laid down in Article 146, adapting the content of the basic project to the subject matter of the application.

Requests for dredging for the extraction of aggregates will be submitted to the competent bodies in the field of Fisheries, Navigation and the Environment.

3. In any case, account shall be taken in particular of the possible effects of the action on the stability of the beach, the coastal dynamics and the underwater biosphere, both in the project accompanying the application and in the resolution adopted.

Art. 127.

1. In the event of adverse effects on the public domain and its use, the granting authority may amend the initial conditions to correct them, or even revoke the authorisation, without any right to compensation for their use. holder (Article 63, 4, of the Law of Costs).

2. In such cases it shall be resolved without further processing than the hearing before the person concerned.

Art. 128.

The Ministry of Public Works and Urbanism will be able to declare areas of prohibition for the extraction of arid and dredged for reasons of protection of the beaches and the underwater biosphere, without prejudice to the prohibitions that result from the application of other laws.

CHAPTER V

Concessions

Art. 129.

1. Any occupation of state-land-land public domain goods with non-detachable works or facilities shall be subject to prior concession granted by the State Administration (Article 64 of the Law of Costs).

2. It will also require the granting of the granting of the occupation of the public maritime-land domain by removable installations which, by their nature, purpose or other circumstances, require an occupation period of more than one year.

3. The competition for the granting of concessions for the occupation of land-land public domain property corresponds to the Ministry of Public Works and Urbanism, except as provided for in Article 206. The granting of concessions in the public domain assigned to an Autonomous Community shall correspond to this.

Art. 130.

1. The granting of the concession referred to in the previous article does not exempt its holder from obtaining the concessions and authorizations that are required by other public administrations under their competence in the field of ports, discharges or other specific discharges (Article 65 of the Law on Costs).

2. The provisions of the preceding paragraph shall also apply to the concessions and authorizations to be granted by the Departments of the State Administration under their respective powers.

Art. 131.

1. The concessions shall be granted without prejudice to the third party and leaving the pre-existing rights safe.

2. The time limit shall be as determined in the corresponding title. Paragraph 4 of this Article lays down the maximum time limits for concessions in the light of the uses for which they are intended. In no case shall these periods exceed thirty years (Article 66.1 and 2 of the Law on Costs).

3. The purpose of the application shall be taken into account for the fixing of the time limit, as well as the circumstances which are subsequently indicated.

4. For the purpose of the application, the maximum time limits for granting concessions shall be as follows:

(a) Uses which by their nature must be located in the public maritime-terrestrial domain, as defined in Article 60 (a), 2, or the like: up to thirty years.

(b) Uses which provide a service as defined in paragraph (b) of the said Article: up to 15 years.

In both cases, for the determination of these deadlines, the entity of the object of the request, its adequacy to the medium, the degree of interest that it represents for the public domain or its users and the content of the economic-financial study or, failing that, the volume of the investment to be amortised.

Art. 132.

When the object of an extinguished concession is an activity covered by another concession of exploitation of mineral or energy resources granted by the State Administration for a longer period, its holder shall be entitled to the granting of a new concession for the occupation of the land-land public domain for a period equal to that of the term of the concession of exploitation, without in any case being able to exceed thirty years (art. 66, 3, of the Law of Costs).

Art. 133.

1. Prior to the resolution on the application of the concession there will be public information and offer of conditions of the State Administration to the petitioner, without whose acceptance will not be granted. If these formalities are completed, the relevant decision shall be issued, discretionally, by the competent ministerial department and shall be made public. If the concessionaire contests the terms that were accepted by him, the Administration shall be entitled to declare the title extinguished, except where those are illegal (Article 67 of the Law on Costs).

2. The procedure for the processing of concessions shall be the procedure laid down in general in Article 146.

Art. 134.

1. The granting of the concession may involve, as determined in the following paragraphs, the declaration of public utility by the competent ministerial department, for the purpose of temporary occupation or forced expropriation of the goods or rights affected by the object of that (art. 68 of the Law of Costs).

2. The need for temporary occupation or for the forced expropriation of goods and rights affected by the subject matter of the concession may be requested in a justified manner by the petitioner.

3. The Administration may also declare, on its own initiative and on a reasoned basis, the need for the temporary or permanent incorporation into the public domain covered by the application of private land adjacent to the petitioner.

4. In the cases provided for in paragraphs 2 and 3 above, the basic project, to be submitted by the petitioner, must incorporate an annex of expropriation or temporary occupation, with the relation of goods or rights affected, for which, in the If required by the Administration, such incorporation must be formalised within the maximum period of one month.

5. The failure to accept by the petitioner the inclusion of property or rights to expropriate, or the non-fulfillment of the requirement of the Administration to present the annex referred to in the previous paragraph, will involve the file of the actions without further processing than the prior hearing.

6. The petitioner must present in the Peripheral Coast Service the deposit of the deposit constituted in the General Deposit Box at the disposal of the Ministry of Public Works and Urbanism which, according to the basic project, is necessary in order to be able to indemnify the expropriated rights and assets or their temporary occupation, together with the acceptance of the offer of the conditions referred to in Article 133. In any event, the petitioner shall pay the total amount of the Justiprice for the expropriation or occupation necessary for the concession.

7. The conditions will be accepted, the administration will dictate the corresponding resolution. In the event of granting of the concession, its effectiveness shall be delayed until the completion of the expropriation files which, if necessary, need to be processed.

Art. 135.

1. The expropriated property and rights shall be incorporated into the maritime-terrestrial public domain from its occupation, in the form provided for in the concession title, without the concessionaire being obliged to pay the occupation fee for the land expropriated at its expense for incorporation into the concession (art. 69 of the Law of Costs).

2. The land provided by the concession holders to complete the area of a concession, the description of which must be included in the basic project, shall be incorporated into the public maritime-land domain in the form provided for in Article 6. of the repose of the works and installations.

Art. 136.

1. The concessions will be entered in the Land Registry. If the concession is extinguished, the registration will be cancelled ex officio or at the request of the Administration or the interested party (art. 70, 1, of the Law of Costs).

2. The expiration of the term of a concession or the firm resolution declaring its extinction will be cause for the cancellation of the registration of the same in the Registry of the Property. These ends will be communicated by the Peripheral Coast Service to the Registrar and the cancellation will take effect in the terms required by the mortgage legislation.

Art. 137.

1. Concessions shall not be transferable by means of live acts. In the event of the death of the concessionaire, his successors in title, inheritance or legacy, may be subrogated to the rights and obligations of the concessionaire within one year. After that period without express expression to the granting authority, they shall be deemed to give up the concession.

However, concessions that support the provision of a public service shall be transferable, where the Administration authorizes the transfer of the relevant service management contract, as well as those regulated in Law 23/1984, of 25 June, of Crops Marine, and those linked to research permits or operating concessions provided for in the legislation of mines and hydrocarbons.

Transmission shall not be effective until the recognition of compliance with the conditions set out in the concession has occurred.

2. The creation of mortgages and other rights of guarantee on the transferable concessions, as well as the embargo on them, must be communicated in advance to the Administration by the person or Entity to which the right (art. 70, 2 and 3, of the Law of Costs).

3. The conclusion of any contract involving the participation of a third party in the operation of the concession shall be notified to the Peripheral Coast Service. Such participation may be prohibited in that title, except in the case of concessions inherent in the provision of a public service.

4. Where the concessionaire is a legal person whose principal activity consists in the enjoyment of the concession, any change in ownership of the shares or units which would replace the partners or the shareholders who force the grant of the concession, as a percentage equal to or greater than 50 per 100 of the share capital.

5. The transfer of the concessions or the constitution of real rights on the same shall not be entered in the Land Registry, without the certification of the Peripheral Costs Service of compliance with the requirements required in this article and the clauses of the concession.

Art. 138.

1. Concessions granted for a plurality of uses, with separable installations, shall be, where appropriate, divisible, with the agreement of the granting authority and under the conditions laid down in Article 4 (art). 71.1 of the Law of Costs).

2. The request for conformity shall be addressed to the Administration by the holder or holders of the concession, who shall be the only recipients of the new concessions.

3. Prior to the decision on the application for division there will be offer of conditions of the Administration to the petitioners, without whose acceptance the conformity will not occur. The deadline may not be higher than the time limit for the primitive grant.

4. The conditions shall be accepted, the corresponding resolution shall be dictated, discretionally, by the granting authority, and the new concessions shall be made up, where appropriate.

5. In case of refusal of division, the primitive concession shall be maintained in the terms in which it was granted.

Art. 139.

In the case of concessions that, by their characteristics, are divided among different headlines, being, however, their location and destination significantly coincident, the Administration may interest the constitution of a Board In the case of a holder, the latter shall represent all the effects of the Law on Costs and this Regulation.

Art. 140.

1. The concessionaire may at any time waive the occupation of the part of the public domain included in the perimeter of the concession which is not necessary for its purpose, with the agreement of the granting authority.

2. The declaration of public utility, for the purposes of the rescue of the concession, even with a declaration of urgency, shall be the responsibility of the granting ministerial department (art. 71.2 and 71.3 of the Law of Costs).

3. For the purposes of Articles 74.3 of the Coasts Act and 149.2 of this Regulation, the application for a concession issued as a justification for the rescue of another holder of the same shall be regarded as a preferential measure. requester.

Art. 141.

1. In all cases of extinction of a concession, the State Administration shall decide on the maintenance of the works and installations or their removal and removal of the public domain and its zone of servitude of protection by the person concerned and their expense. Such decision shall be taken either on its own initiative or at the request of the latter, from the moment before the expiry of the period laid down in the following paragraph in the event of a normal extinction by the time limit, and in the other cases of extinction in the the timing of the decision of the relevant file (art. 72.1 of the Law of Costs).

2. In the event of termination of the concession period, the time referred to in the preceding paragraph shall be that of the four fifths of that period and, in any case, six months before the date of the expiry of the period. expiration.

From this moment on, if the Administration does not pronounce itself within three months, it will be understood to opt for the demolition, without prejudice to the fact that at any time it can be explicitly stated.

Art. 142.

1. From the moment referred to in the preceding article, the holder of the concession shall be the sufficient deposit to respond to the costs of lifting the works or installations and to withdraw from the public maritime-land domain and their area of protection, or repair, in accordance with the resolution adopted and the enforceable assessment identified by the Administration and as a result of the liquidation proceeding (art. 72.2 of the Law of Costs).

2. The time limit for lodging the deposit shall be 15 days from the date of notification of the decision or, in the case of administrative silence, the end of the period laid down in paragraph 2 of the previous Article.

Art. 143.

1. After the expiry of the period of expiry of the concession, except in the case of having opted for its maintenance, the holder shall withdraw the works and installations within the time limit set by the Administration. This period shall not exceed three months, except in exceptional and duly justified cases.

2. If the operator has not carried out the demolition, removal or repair of the installations or has been carried out in a defective way, the administration shall, after the period concerned, continue to carry out the work. which it would not have done.

3. If the holder has opted for the maintenance, the holder shall repair them within the period and conditions specified by the Administration. That period may not exceed three months.

Art. 144.

1. In the case of paragraph 3 of the previous article, on the date of extinction of the concession, all works and installations shall be free of charge. The administration may continue the operation or use of the facilities as determined in the following paragraph (art. 72.3 of the Law of Costs).

2. The continuation of the operation or use of the facilities shall be carried out by any of the management procedures laid down in the legislation of Costas or in the law of State Contracts.

CHAPTER VI

Common rules for authorizations and concessions

Section 1. General Conditions Pliegos

Art. 145.

1. The competent authority shall approve the general terms and conditions for granting concessions and authorizations (art. 73 of the Law of Costs).

2. The approval of the aforementioned documents for the granting of concessions and authorizations of competence of the Ministry of Public Works and Urbanism will be made by Order, which will be published in the "Official State Gazette". For all other concessions and authorisations, the competition shall be vested in the granting authority, as provided for in this Regulation or in its specific legislation.

3. Prior to the approval of the documents, the report of the Ministry of Economy and Finance will be required in the terms provided for in the State Heritage legislation.

Section 2. Fulfillment

Art. 146.

1. Applications accompanied by the basic or construction project, as provided for in Article 42 of the Law on Costs and concordance with this Regulation, and the proof of the establishment of the bonds which, if any, They will be dealt with in the form that is determined in the following sections, with the phases of public information, the report of the bodies to be consulted, and the preliminary confrontation of the project (art. 74.1 of the Law of Costs).

2. In the concessions and authorizations to be granted by the Ministry of Public Works and Urbanism, the processing procedure shall be in accordance with the following paragraphs.

The processing of the remaining concessions or authorizations, the competence of other ministerial departments, shall be governed by their specific legislation, and, in the alternative, by the provisions of this Regulation.

3. The applications for concessions and competition authorizations from the Ministry of Public Works and Urbanism will be directed to the Peripheral Coast Service, along with three copies of the basic or construction project, the proof of the interim bail and supporting documentation of the personality of the petitioner and of the comparicist, and of the representation in which he acts.

4. The Peripheral costs service will examine the project submitted, after payment of the fees, to check whether its contents are in accordance with the provisions of the Law of Costs and in this Regulation, requiring the petitioner, in another case for to remedy the defects observed.

Done which, will proceed to the confrontation of the project on the ground, in order to determine its suitability to it, as well as its feasibility.

5. If the content of the project is clearly opposed to the provisions of the existing legislation, the provisions of Articles 35.1 of the Law on Costs and 75 and 76 of this Regulation shall apply.

6. In order to continue processing, the Peripheral Coast Service will require the report of the following bodies, in addition to those provided for in this Regulation for specific scenarios:

1. º Authorizations:

Councils on whose term the object of the authorization is intended to be developed.

2. Concessions:

a) Aycuentos in whose term the object of the concession is intended to be developed.

b) Autonomous Community.

(c) Competent Authority of the Ministry of Transport, Tourism and Communications in the field of navigation, if the object of the concession is a fixed work at sea which may pose a risk to maritime safety. The report shall be binding.

d) Ministry of Defense, in the case of uses and specific zones on which it has previously established, for reasons of national security or defense, the need for prior reporting.

e) Other bodies whose report is deemed appropriate.

7. The rest of the authorizations and concessions to be granted by other ministerial departments in the maritime-terrestrial public domain will require the favorable prior report of the Ministry of Public Works and Urbanism, which will have to issue it within a period of time. month.

8. The public information, within 20 days, shall be carried out:

a) In the processing of concessions.

(b) In the processing of authorisations relating to industrial discharges and pollutants from land to the sea and to the extraction of aggregates and dredging, as well as in other cases where it is deemed appropriate.

9. The public information shall be carried out simultaneously with the request of the reports referred to in paragraph 6.

10. Where the information stage is carried out, the competent body shall decide on the application, subject to hearing, where appropriate, to those interested in the dossier.

In the case of authorizations, this organ will be the Peripheral Coast Service of the Ministry of Public Works and Urbanism.

If these are concessions, the Service will raise the file to the Ministry of Public Works and Urbanism, with its report and proposal.

11. If the granting of the concession is decided, the applicant shall be notified of the conditions under which it may be granted, giving him a period of 10 days to indicate whether he accepts them. If he does not demonstrate any such event within that period, or he shall not accept the conditions offered, the file shall be declared to be terminated by the petitioner, with the loss of the security lodged.

12. If the conditions are accepted within the stipulated period, the Ministry of Public Works and Urbanism will decide, discretionally, on the granting of the concession. If the grant occurs, the resolution will be published in the "Official State Gazette".

Art. 147.

1. The granting of concessions or authorizations to foreigners will be conditional on proof of reciprocity in their countries of origin for Spanish nationals. In any case, the following requirements must be met:

a) Having a tax address in Spain.

b) Meet the conditions that the law of state contracts requires to contract with foreigners.

c) Manifest your submission to the jurisdiction of the Spanish Courts for all the incidents arising from the administrative title given to you.

2. The provisions of this Regulation shall be without prejudice to the provisions of special laws for the granting of concessions and authorizations to foreigners.

Art. 148.

The nationals of the Member States of the European Economic Community are exempted from the provisions laid down in the previous Article, subject to restrictions which, for reasons of public order, public security and public health, may be be established (Article 74.2, paragraph 2. of the Coasts Act).

Art. 149.

1. In the granting of applications, the order of preference shall be observed which shall be laid down in the relevant general and specific rules. In their absence, the most public utility will be preferred. Only in case of identity among several applications will the priority be taken into account in the presentation (article 74.3 of the Law of Costs).

2. The preference set out in Article 140.3 shall also be taken into account.

Art. 150.

1. The granting of authorizations or concessions from the Autonomous Communities and which require the granting or authorization of the Ministry of Public Works and Urbanism for the occupation of the public maritime-terrestrial domain, for the purposes of administrative coordination, shall be in accordance with the following paragraphs.

2. The application for authorization or the granting of its jurisdiction shall be submitted to the competent authority of the Autonomous Community, as well as the granting of occupation of the public maritime-land domain addressed to the Ministry of Public Works and Urbanism. Both applications shall be accompanied by the documentation required for one and another claim.

3. The competent authority of the Autonomous Community shall process the project by collecting the reports which are required in accordance with this Regulation.

4. In any event, the mandatory report of the Ministry of Public Works and Urbanism, whose application will be the initial conformity of the Autonomous Community to the project in question, will be issued within two months, counted from the moment at to have all the necessary documentation for this.

The report shall include its pronouncement on the viability of the occupation, as well as the conditions under which it would, where appropriate, be granted, as regards the scope of its powers.

5. The competent authority of the Autonomous Community shall offer to the petitioner, together with the conditions in which, where appropriate, the application of the formula, which the Ministry of Public Works and Urbanism has established for the granting of the occupation of the public domain.

6. If the conditions are accepted in full, the competent authority of the Autonomous Community shall forward the file, with its proposal, to the Ministry of Public Works and Urbanism, for the purposes of granting, where appropriate, the appropriate granting of occupation of the public maritime-land domain.

7. Once the granting of the occupation is granted, the Ministry of Public Works and Urbanism will return the file, together with the concession title to the referring body, to grant the concession or authorization of its jurisdiction, of which resolution it will give move to that.

Art. 151.

The reports referred to in Articles 146.6 and 7 and 150.3 shall be issued within one month, except for those cases where a separate one has been expressly established. After that period without having been evacuated, the processing of the file shall be continued.

Section 3. First Concourses for Granting

Art. 152.

1. The Administration may convene contests for the granting of concessions and authorizations in the maritime-terrestrial public domain.

2. If the call for tenders is produced during the processing of an application for grant or authorization, the person concerned shall be entitled, if not awarded the title, to the cost of the project, in the form which he or she is entitled to determines in the following paragraph (Article 75.1 and 2 of the Law of Costs).

3. The call for tenders shall suspend the processing of the granting or authorisation files which are affected.

4. The costs of the project will be determined according to the official tariff that corresponds to it and will be assessed at the basis of the contest. Where there is no official tariff, the value of those actually produced shall be assessed, according to the estimation made by the Administration.

Such expenses shall be satisfied by the successful tenderer, in order to be satisfied with the proof of his credit, prior to the commencement of the processing of the title.

Art. 153.

The contest may be declared deserted if none of the tenders submitted meets the appropriate conditions (Article 75.3 of the Coasts Act).

Art. 154.

1. The Ministry of Public Works and Urbanism will be able to regulate the competitions of its competition by means of base sheets. The regulation will be approved by Ministerial Order to be published in the "Official State Gazette".

2. The base sheets shall contain at least the following ends:

a) Deadline for completion of the works and facilities.

b) Regime of use of the same.

c) Term expiration of the title.

(d) Criteria for resolution; among which the improvement of the fee may be included, the reduction of the maturity period and the fees to be established for the use or public service, as well as the justified experience in activities analogous.

3. Projects shall be exposed to public information and the projects selected shall be processed in accordance with the provisions of this Regulation.

Section 4. Grant Conditions

Art. 155.

1. For any award of a public nature, the relevant conditions shall be laid down and, in any event, the following conditions:

a) Object and extent of the occupation.

(b) Works or facilities to be performed by the successful tenderer with reference to the respective project and the period of commencement and termination of those projects.

c) Deadline for granting and possibility of extension, if applicable.

(d) Canons and fees payable by the successful tenderer.

e) A system of use, private or public, including, where appropriate, the fees payable by the public with decomposition of its constituent factors as the basis for future revisions.

(f) In cases of gainful use, an obligation on the successful tenderer to provide information as requested by the Administration on the economic performance of the holding.

g) Conditions which, as a result of the assessment of effects, are deemed necessary in order not to harm the environment.

h) Maritime signage and public areas.

i) Obligation of the successful tenderer to maintain public domain, works and facilities in good condition.

(j) Obligation of the successful tenderer to constitute a sufficient deposit for the costs of repair or removal and removal, partial or total, of the works and installations, at their cost, to the extinction of the corresponding title, except decision to the contrary by the competent authority.

k) Cawuses of expiry, in accordance with those laid down in Articles 79 of the Coasts Act and 159 of this Regulation.

(l) Technical prescriptions for the project, as appropriate (Article 76 of the Coasts Act).

2. The following conditions shall also be included:

(a) Where appropriate, land provided by the successful tenderer to incorporate maritime-terrestrial public domain.

b) Repose of works and installations, prior to the execution of the title.

c) Final recognition of the same, prior to use.

3. For the purposes of paragraph 1 (f), the payment of any amount by the users of the works or installations or the collection of resources of any kind for their use shall be deemed to be a lucrative use, whichever is the same. the destination of the funds raised, with the exception, where the successful tenderer is another Public Administration, of any special contributions to the financing of the execution of those funds.

Section 5. Modification

Art. 156.

1. Authorisations and concessions may be amended:

a) When the assumptions of their granting have been altered.

b) In cases of force majeure, at the request of the holder.

c) When required by their adequacy to the corresponding plans or rules.

Only in the third case, the injured dealer will be entitled to compensation, in accordance with the provisions of Articles 89 of the Coasts Act and 173 of this Regulation or in the general legislation of Compulsory expropriation (Article 74 of the Law on Costs).

2. For the purposes of point (b) of the preceding paragraph, the non-anticipated regression of the coast which is not caused by the works to be granted, the seismic or tidal movements, the higher unforeseeable storms shall be understood as force majeure. to those of calculation, unprovoked fires and any other similar exceptional cause.

3. The granting authority may authorise amendments to the characteristics of a concession. Where the amendment is substantial, the application shall be subject to the procedure laid down in this Regulation for the granting of concessions.

Section 6. Extinction

Art. 157.

1. The right to occupation of the public domain shall be extinguished by:

a) The expiration of the grant term.

b) Trade review in the cases provided for in the Administrative Procedure Act.

c) Revocation by the Administration, in the case of authorizations.

d) Revocation of concessions for alteration of existing physical assumptions at the time of granting, where the modification of the title is not possible.

e) Renunciation of the successful tenderer, accepted by the Administration, provided that it has no negative impact on the public domain or its use or damages to third parties.

f) Mutual agreement between the Administration and the successful tenderer.

g) Extinction of the public service concession from which the demanial title is supported.

h) Expiration.

i) Rescue.

(Article 78.1 of the Coasts Act).

2. The relevant actions in the cases of extinction referred to in the previous paragraph shall be initiated and processed by the Peripheral Coast Service, corresponding to its decision to the granting authority, except in the case of point (a), in which it is The provisions of Article 81 of the Law on Costs and 164 of this Regulation apply.

3. In the case of early termination of the concession, the file must be submitted to the Council of State for its opinion, in advance of its decision, in accordance with the provisions of its Organic Law.

4. The payment of fees, fees and any taxes after the termination of the title does not assume its validity, without prejudice to the right to return in the cases where appropriate.

Art. 158.

1. If the right to the occupation of the public domain is extinguished, the Administration shall not assume any kind of employment obligation of the owner of the activity concerned (Article 78.2 of the Law of Costs).

2. Neither shall the Administration assume any economic obligation of the holder, whether or not linked to the activity carried out in the grounds and installations covered by the title extinguished.

Art. 159.

1. The Administration shall, after hearing the holder, declare the expiration in the following cases:

(a) Non-initiation, cessation or non-termination of works unjustifiably during the period to be set under the conditions of the title.

b) Abandon or lack of use for a year without a fair cause.

c) Impayment of royalty or rates in excess of one year.

d) Altering the purpose of the title.

e) Failure to comply with the conditions that would have been established as a result of the prior assessment of its effects on the public maritime-terrestrial domain.

(f) Failure to comply with conditions (b) and (d) of Articles 63.3 of the Coasts Act and 125.1 of this Regulation for the extraction of aggregates and dredging.

g) Privatization of occupation when it is intended for the provision of services to the public.

h) Invasion of the unawarded public domain.

i) Increased built surface, volume, or maximum height by more than 10 per 100 over the authorized project.

j) Non-constitution of the deposit required by the Administration for the repair or the lifting of works and installations.

k) Hindering the exercise of easements on land adjacent to the public domain or the application of the limitations established on the area of protection and influence servitude.

(l) In general, for non-compliance with other conditions, the non-observance of which is expressly sanctioned with the expiry of the corresponding title, and of the basic or decision-making for the award, if any, of the contest convened, according to Article 75 of the Law on Costs and concordant with this Regulation (Article 79.1 of the Law on Costs).

2. For the purposes of point (g) of the previous paragraph, it shall be understood as a privatisation of the occupation that the conditions for the use of authorised services which hinder public access are changed.

3. Failure to comply with the prohibition laid down in Article 137 on the transfer of concessions shall be required as a cause of revocation in the relevant title.

Art. 160.

In the other cases of non-compliance or in case of a serious infringement under the Law of Costs, the Administration may declare the expiration, after hearing of the holder and other regulatory formalities (article 79.2 of the Law of Costs).

Art. 161.

1. In cases where the jurisdiction of the Ministry of Public Works and Urbanism is concerned, the procedure for declaring the expiry shall be as follows:

(a) Constatated the existence of the alleged cases, the Peripheral Coast Service, after issuing the opening of the file, will put it to the attention of the holder, who will be granted an eight-day period of to make any claims that it deems appropriate.

(b) If the claims are made or the time limit for carrying them out, the Peripheral Costs Service shall resolve the file when it is competent or, in another case, raise it to the Ministry of Public Works and Urbanism, with its motion for resolution.

(c) In the case of land-maritime public domain occupation concessions which serve as support for activities to be granted or authorised by other ministerial departments or by the Autonomous Communities, your report will be requested.

(d) In the case of concessions, the opinion of the State Council shall be required.

2. Discharge authorisations and concessions whose competence is not of the Ministry of Public Works and Urbanism shall be governed, as regards the processing of the expiry file, by their specific rules and, in the alternative, by the provisions of Article 1 (1) of Regulation (EC) No in this article.

3. In no case will the rehabilitation of the title proceed.

Art. 162.

1. In the case of the expiry file, the Administration may arrange for the immediate cessation of the works, or the suspension of the use and operation of the facilities, after hearing in the latter case of the holder concerned and once his/her disposal has been rejected. claims (Article 80.1 of the Coasts Act).

2. In the notification letter referred to in paragraph 1 (a), the order for the cessation of works or the initiation of the file for the suspension of the use and operation of the premises shall be included, as appropriate. The hearing procedure, as well as the suspension resolution, correspond to the Peripheral Coast Service.

Art. 163.

1. The declaration of revocation shall result in the loss of the security if any.

2. In order to suspend the execution of the expiry, the person concerned shall be obliged to deposit the amount to be fixed in each case (Article 80.2 and 3 of the Law on Costs).

3. The amount of the pre-deposit shall not exceed 30 per 100 of the updated value of the works and installations listed in the project which served as the basis for its grant.

Art. 164.

1. The term of expiry shall be unextensible, unless otherwise expressly provided for in the grant title, in which case, at the request of the holder and in the judgment of the competent authority, it may be extended provided that the latter does not has been sanctioned for serious infringement and the maximum statutory deadlines (Article 81 (1) of the Law on Costs) are not exceeded.

2. In the cases of jurisdiction of the Ministry of Public Works and Urbanism, the Peripheral Coast Service shall inform the holder of the expiration of the concession and shall quote him at the place of the work or installation to carry out the reversal act. It shall formalise the receipt by the Administration under the conditions required in accordance with the decision taken in accordance with Article 72.1 of the Coasts Act and 141 of this Regulation.

In the event that deficiencies are observed in the delivery conditions of the goods in question, the Administration shall indicate a period for its subhealing in such minutes, which shall not exceed the provisions of Article 143.3. If not carried out in that period, subsidiary execution shall be carried out at the expense of the person concerned.

Art. 165.

To the extinction of the authorization or concession, the State Administration, without further processing, will take possession of the facilities, being able to obtain from the companies supplying electric power, water, gas and telephone suspension of supply (Article 81.2 of the Coasts Act).

TITLE IV

Economic-financial regime of the use of maritime-terrestrial public domain

CHAPTER FIRST

Financing of works and other actions

Art. 166.

The State's competition works will be financed from the corresponding budget appropriations and, where appropriate, with the contributions of the Autonomous Communities, Local Corporations, International Organizations and individuals (Article 82 of the Law on Costs).

Art. 167.

1. Where the funding is shared, the contribution for each participant shall be fixed by common agreement, detailing the amount and modality of the commitments made.

2. These agreements may also refer to the preparation of planning and the projects of corresponding works (Article 83 of the Law on Costs).

3. The shared financing arrangements shall be established by means of conventions, each of the administrations or individuals participating in the financing of the work concerned to ensure their contribution.

The agreements may include the financing of studies and planning and project work, as well as commitments relating to the contribution of the land, conservation and exploitation of the works.

CHAPTER II

Fiances

Art. 168.

1. The petitioners of concessions and authorizations in the maritime-terrestrial public domain governed by the Law of Costs shall prove to the competent authority, when submitting the application, the provision of the interim bail, for an amount of 2 per 100 of the budget of the works or installations to be carried out in the domain in question, in the form determined below (article 88.1 of the Law of Costs).

2. The provisional bail shall be constituted in the form provided for in the rules in force, it shall be irrevocable and shall be automatically executed by resolution of the body in favour of which it was constituted, who shall also order its return if the application is refused presented.

Art. 169.

1. Grant or authorization shall be granted, the final security shall be lodged, bringing the provisional bond to 5 per 100 of the corresponding budget of the works or facilities. If the petitioner has provided bail for the application of other concessions or authorizations to be granted by the State Administration, which are enforceable for the performance of the activity that motivates the application for occupation of the public domain, the total cumulative amount of such bonds may not exceed 5 per 100 of the said budget (Article 88.2 of the Law on Costs).

2. In the event that a number of sureties are required for the performance of the activity, for the purposes of the preceding paragraph, only the bonds which have been borrowed in the same period or in excess of the amount payable by the title shall be taken into account. demanial.

3. If, in the opinion of the competent authority, the budget of the works and installations does not respond to the reality, the latter shall appraise them to the effects of the determination of the bonds.

Art. 170.

If the interested party desist from the petition or will give up the title, he will lose the constituted bail (article 88.3 of the Law of Costs).

Art. 171.

1. In the case of discharges, the competent authority may require the lodging of a supplementary security, in order to comply with the conditions of that security, in amount equivalent to the amount of one semester of the discharge fee, and shall be subject to periodic reviews in the light of variations in this (Article 88.4 of the Law on Costs).

2. Such security shall be lodged in favour of the competent authority and shall be irrevocably and shall be automatically executed on the order of that administration, which shall also order its repayment in the amount and form as appropriate.

Art. 172.

1. The final security shall be returned to the year of the approval of the recognition of the works, in the case of a concession or authorization with a maturity of more than one year, and in another case, due to its expiration, except in the case of waiver and revocation, deduction of the amounts which, where appropriate, must be made effective in terms of penalties and liabilities incurred by the concessionaire.

2. The right to the refund of the security shall be prescribed if it has not been requested within five years, from the moment it is obtained (Article 88.5 and 6 of the Law of Costs).

CHAPTER III

Ransom rating

Art. 173.

1. The valuation of the concessions in case of full or partial rescue shall comply with the following rules:

(a) The value of the unamortized works, included in the concession recognition act, shall be compensated by assuming a linear amortisation for the duration of the concession, updating the project prices, even fees for the same and works management, in accordance with the official rules and considering the state of the works.

(b) It shall also be compensated for the loss of profits in the current financial year or year, in which the ransom is made, duly justified by the declarations made for tax purposes.

(c) In any event, the works and installations carried out by the concessionaire without prior authorization shall not be taken into account, which shall pass to the public domain without the right to compensation (art. 89 of the Law of Costs).

2. For the purposes of point (b) of the previous paragraph, the Peripheral Costs Service of the concessionaire shall, in order to determine the average annual profit, the data in the declarations submitted in the preceding five years. When a difference is observed between the declared profits and the tax receipts checked by the Tax Administration, the latter shall be the latter.

3. It shall also be compensated for the following reasons:

(a) For the quantities paid for the goods expropriated and incorporated into the public maritime-land domain, pursuant to Article 134, assuming a linear amortisation for the concession period and applying the relevant types of legal interest.

(b) By the value of the goods incorporated into the public maritime domain, referred to in Article 5.7 and not amortised, determined in accordance with the criteria of Article 84.3 of the Law of Costs, assuming a linear amortisation for the concession period.

4. In no case shall the rights deriving from the relations referred to in Article 137.3 be indemnified, nor shall the capital gains resulting from works made by the Administration except where they have been passed on to the licence fee.

5. In the concessions granted by the Ministry of Public Works and Urbanism, the valuation shall be carried out by the Peripheral Coast Service and shall be submitted to the concessionaire's knowledge to manifest its conformity or to expose the claims which considers appropriate, prior to its approval by the Ministry.

TITLE V

Violations and penalties

CHAPTER FIRST

Violations

Art. 174.

You will consider violations under the Costs Act, the following:

(a) Actions or omissions that cause damage or damage to the property of the public maritime-land domain or its use, as well as the occupation without due administrative title.

b) The execution of works, works, installations, discharges, crops, plantations or talas in the public maritime-terrestrial domain without due administrative title.

(c) Failure to comply with the provisions of easements and determinations contained in the rules approved under the Law of Costs.

(d) Failure to comply with the conditions of the corresponding administrative titles, without prejudice to their expiry.

e) Advertising prohibited in the public maritime domain or in the protection servitude zone.

f) The announcement of activities to be carried out in the public domain and its servitude zones without due administrative title or in conflict with their conditions.

g) The obstruction to the exercise of the police functions that correspond to the Administration.

h) The distortion of the information provided to the Administration on its own initiative or at its request.

i) the total or partial non-compliance with other prohibitions laid down in the Law on Costs and the omission of actions that are binding on it (Article 90 of the Law on Costs).

Art. 175.

1. The infringements shall be classified as minor and serious.

2. Serious violations:

a) The alteration of the milestones of the deslindes.

(b) Unauthorized execution of works and installations in the public maritime-terrestrial domain as well as the increase of surface, volume or height built on the authorized ones.

c) Unauthorized extraction of aggregates and non-compliance with property limitations on them.

d) The interruption of public access to the sea and the transit easement.

e) Performing unauthorized constructs in the protection easement zone.

(f) Actions or omissions involving a risk to the health or safety of human lives, provided that they do not constitute a crime, and, in any case, the unauthorised discharge of waste water.

g) The use of the public maritime-terrestrial domain and its servitude zones for uses not permitted by the Law of Costs.

h) The realization, without the administrative title required under the Law of Costs, of any type of works or installations in the areas of servitude defined in the Law, provided that the requirement has been disregarded (a) of the Administration for the cessation of abusive conduct or who, having been notified of the opening of the sanctioning file, has been persisted in such conduct.

i) Actions or omissions that cause irreparable damage or difficult repair in the public domain or pose a serious obstacle to the exercise of the functions of the Administration.

j) The recidivism in minor faults before the deadline set for their prescription.

3. The actions or omissions provided for in Articles 90 of the Coasts Act and 174 of this Regulation which are not included in the list referred to in paragraph 1 (Article 91 of the Law on Costs) shall be minor.

Art. 176.

1. The limitation period for infringements shall be four years for the serious and one year for the minor in respect of their total consumption. However, the return of things and their replacement to their previous state will be required, whatever the time has elapsed (Article 92 of the Law on Costs).

2. The time limit shall be counted at the date on which the offence was committed or, in the case of continued activity, at the end of the period. In the event that the act or activity, which is an infringement, is unknown because it does not have external signs, the time limit shall be computed when they manifest.

3. A construction or installation shall be deemed to be fully completed, if it is ready to serve the intended purpose, without any subsequent action. To this end, the date of termination shall be deemed to be the date of termination by the sanctioning body and, in the alternative and in this order, of the license, permit or authorization of operation or service, or the final certificate of work subscribed by competent technician.

Art. 177.

1. The following natural or legal persons shall be liable for the infringement:

(a) In the event of non-compliance with the conditions of an administrative title, the holder of the administrative title.

b) In other cases, the promoter of the activity, the employer who executes it and the technical director of the activity.

c) In the case of infringements resulting from the granting of administrative titles contrary to the provisions of the Law on Costs and for which the exercise causes serious damage to the public domain or to third parties, they shall also be responsible:

1. The officials or employees of any public administration who report favorably on the granting of the corresponding title, which will be punished for serious misconduct on disciplinary grounds, prior to the corresponding file.

2. The authorities and members of the collegiate bodies of any public bodies or entities that resolve or vote in favor of the granting of the title, ignoring mandatory and unanimous reports in which it is warned expressly of illegality, or where such reports would not have been sought. The penalty shall be fine for the amount corresponding to each case by application of the criteria of the Law of Costs and of this Regulation.

The source of compensation for damages suffered by individuals in the cases referred to in this paragraph shall be determined in accordance with the rules governing the liability of the Administration. In no case shall there be compensation if there is any serious negligence, fault or negligence attributable to the injured party (Article 93 of the Law on Costs).

2. If more than one subject is responsible for the infringement, the fine shall be imposed on an independent basis for each of them.

3. The administrative titles referred to in paragraph 1 (c) above shall be all those that constitute unlawful action, whatever the regulatory regulation and the Administration that grants them.

CHAPTER II

Sanctions

Section 1. General Provisions

Art. 178.

1. Any action or omission constituting an infringement shall be punishable by a fine as appropriate in accordance with Articles 97 and 98 of the Coasts Act and in accordance with this Regulation.

2. If the same act or omission is a matter of two or more infringements, only the one which carries the greatest penalty shall be taken into consideration. However, the holders of concessions granted in accordance with the Law on Costs may be punished for the offences established therein, regardless of other responsibilities which, where appropriate, are enforceable.

3. Where, in the case of the Administration, the offence may constitute a crime or a fault, the administrative body shall transfer the Prosecutor's Office, refraining from pursuing the sanctioning procedure as long as the judicial authority does not has been pronounced. The criminal sanction shall exclude the imposition of administrative penalty.

4. In the event of reoffending in serious infringements, the disablement may be declared to be the holder of authorisations and concessions for a period of one to three years (Article 94 of the Law on Costs).

Art. 179.

1. Without prejudice to the criminal or administrative penalty imposed, the infringer shall be obliged to refund the goods and replace his previous state, with the compensation of irreparable damage and damage caused, within the period specified in each case is set out in the relevant resolution (art. 95.1 of the Law of Costs).

2. In any event, the refund entails the obligation to return to the administration the entire benefit of the illicitly obtained.

3. The obligations of restitution, replacement and compensation shall be payable in the first term to the promoter of the activity and shall be liable to the other persons responsible.

Art. 180.

1. Where the infringement derives from the non-compliance with the conditions of the administrative title, the infringement shall be declared to be valid, where appropriate, in accordance with Articles 79 of the Law on Coasts and 159 and 160 of this Regulation.

2. The procedures for suspending the effects and annulment of the administrative acts in which the unlawful action may be sought shall also be initiated. 95.2 and 3 of the Law of Costs).

Art. 181.

The Peripheral coast service shall notify the Land Registry of the administrative decisions ordering the replacement or refund, in order for the latter to take the relevant marginal note with respect to the buildings or facilities concerned which may have been subject to registration. When the resolution is firm, the corresponding seat shall be cancelled.

Art. 182.

1. The penalties imposed for serious infringements, once they are firm, shall be made public in the manner set out in the following paragraph (art. 96 of the Law of Costs).

2. The publications will be carried out in a daily newspaper of the most circulation in the area and will contain the following data: Amount of the penalty, name of the offender or offenders, typification of the offence, location of the sanctioned fact and, where appropriate, the obligation of restitution and compensation.

Section 2. Mules

Art. 183.

For serious violations, the penalty will be:

(a) In the case of paragraphs (a), (d), (f), (g) and (i) of Articles 91.2 of the Coasts Act and 175.2 of this Regulation, a fine of up to 50 million pesetas.

(b) In the cases referred to in paragraphs (b), (e) and (h) of the above Articles, a fine of 50 per 100 of the value of the works and facilities where they are in the public domain or in the transit service area, and 25 per 100 in the the rest of the protection easement zone.

(c) In the case of paragraph (c), a fine equivalent to 100 per 100 of the value of the materials extracted or up to 50 million pesetas in the event of non-compliance with the property limitations.

(d) In the cases referred to in paragraph (j), the fine that applies in accordance with the above paragraphs, according to the nature of the infringement (art. 97.1 of the Law of Costs).

Art. 184.

For the calculation of the amount of the fine, the following criteria shall be taken into account:

(a) In the case of alteration of milestones, 50,000 pesetas per milestone affected, plus the value of the area of public domain diminished or displaced calculated with the same criteria of assessment as for the purposes of determining the occupation cannon.

(b) In the event of interruption of public access to the sea and of transit easement, account shall be taken of the approximate number of possible affected per day to which access or transit is prevented. The amount shall be obtained by multiplying that number by the number of days in which the servitude is interrupted and by 100 pesetas.

(c) In the case of actions or omissions involving a risk to the health or safety of human lives, the magnitude of the risk produced, the amount of damage caused and the degree of intentionality appreciable in the infringer.

In the case of non-compliance with maritime beacon standards, 50,000 pesetas daily.

In the case of unauthorized discharges of waste water, the cost of the discharge treatment that would have been imposed, if any, to grant the authorization.

(d) In the event of the use of the public-land public domain and its servitude zones for uses not permitted by the Law of Costs and this Regulation, not referred to in other paragraphs, the estimated benefit that obtain the infringer and where this is not quantifiable, the value of the damages caused to the public domain and at least 5,000 pesetas.

In the case of camping, 5,000 pesetas per square meter occupied and day.

In the case of unauthorized circulation of vehicles, between 5,000 and 20,000 pesetas, except that the damage caused is greater.

e) In the event of actions or omissions that cause irreparable damage or difficult repair in the public domain or pose a serious obstacle to the exercise of the functions of the Administration, not contemplated in others paragraphs, the amount of the fine shall be graduated according to the seriousness of the action or omission. The criteria laid down in Article 190.2 may be taken into account for calculation.

(f) In the case of works or installations in areas of easements without an enabling title, the criteria laid down in Articles 97.1, (b), of the Law of Costs and 183, (b) of this Regulation shall be taken into account.

g) In the case of unauthorised extraction of aggregates, the amount shall be calculated using the criteria used for the purposes of determining the use fee. In the event of non-compliance with the property limitations on the aggregates, their amount shall be 10 per 100 of the value of the transmission.

(h) In the case of a serious infringement for minor offences prior to the time limit laid down for his prescription, the fine shall be obtained by the sum of those laid down for each of these, considering only, where appropriate, the reduction referred to in Article 187.1, for the first of these.

Art. 185.

1. For minor infringements the penalty shall be fine, in the amount determined in this Regulation for each type of infringement by applying the criteria of the above paragraphs in such a way as not to exceed half of that which would be according to these criteria, or in any case, to 10,000,000 pesetas (art. 97.2 of the Law of Costs).

2. In the following cases the penalty will be:

(a) In the cases referred to in Article 174 (e), a fine of 25 000 pesetas, where the advertising is carried out by means of audiovisual media and of 10,000 pesetas per square metre, when it is through billboards or billboards.

(b) In the cases referred to in paragraph (f) of that Article, 25 per 100 of the cost of the notice, in the case of activities without due administrative title and, where it is contrary to the conditions laid down in that Title, which is provided for in the concessional clauses.

(c) In the cases referred to in paragraph (g) of that Article, the minimum fine, for obstruction of the exercise of the police functions corresponding to the administration, shall be 25,000 pesetas, increased by the profit obtained by the offender.

(d) In the cases referred to in paragraph (h) of that Article, the minimum fine for distortion of the information provided to the Administration shall be 25,000 pesetas, plus the benefit obtained by the infringer.

e) In the cases referred to in Article 175 (3), the fine shall be equal to the value of the damage caused and, in the case of an untitled occupation, of 20,000 pesetas per square metre per day.

Art. 186.

The imposition of the fine, whatever the amount of the fine, shall not exclude the obligation to deliver to the Administration the full benefit obtained, in accordance with the provisions of Article 179.

Art. 187.

1. The amount of the fine may be reduced by up to half of the amount of the fine, and the situation created by the commission of the infringement shall be corrected within the time limit specified in the relevant order (Art. 97.3 of the Law of Costs).

2. The requirement for the person concerned shall be made in the notification of the opening of the sanctioning file.

Art. 188.

1. Failure by the undertakings providing services to comply with the obligations laid down in Articles 39 and 103 of the Law on Coasts and Articles 82 and 194 of this Regulation will lead to the imposition of a penalty by the competent authorities. a fine of up to five times the amount of the undertaking, without prejudice to other penalties resulting from it (art. 98 of the Law of Costs).

2. The fixing shall take into account the number of previous requirements neglected, the time spent in materialising the interruption of supply and the damage caused by the delay.

3. The competent authority shall be entitled to sanction the main infringement which motivates the supply disruption.

Art. 189.

1. The imposition of the fines shall be the responsibility of the competent authority for the matter. In the case of the State Administration, the following bodies shall be empowered, in accordance with the limits set out below:

a) Head of the Periferican Service, up to 1,000,000 pesetas.

b) Government island delegate, civil governor or government delegate in the Autonomous Community, where appropriate up to 5,000,000 pesetas.

c) Director-General, up to 25,000,000 pesetas.

d) Minister, up to 100,000,000 pesetas.

e) Council of Ministers, over 100,000,000 pesetas.

2. These limits may be updated by Royal Decree approved in the Council of Ministers.

3. The Autonomous Communities may impose fines of up to 200,000,000 million pesetas in the field of their competence to implement State legislation in the field of industrial discharges and pollutants.

4. The mayors, in matters of municipal jurisdiction under the Law of Costs, will be able to impose fines of up to 1,000,000 pesetas (art. 99 of the Law of Costs).

5. The amount of the fines laid down in this Regulation may also be updated by Royal Decree.

Section 3. Second Restitution and Reorder and Compensation

Art. 190.

1. Where the refund and replacement referred to in Articles 95.1 of the Coasts Act and 179.1 of this Regulation are not possible and, in any event, where irreparable damage remains, the persons responsible for the infringement must pay the compensation to be paid by the Administration.

2. Where damage is difficult to assess, the following criteria shall be taken into account:

a) Theoretical cost of restitution and replenishment.

b) Value of damaged goods.

c) Cost of the project or activity causing the damage.

d) Profit obtained with the infringing activity.

3. Where the benefit is higher than the allowance, the amount of the allowance shall be taken for at least the amount (art. 100 of the Law of Costs).

4. The damage assessment shall be carried out by the sanctioning body. For quantification, in the case of having to apply the provisions of paragraph 2, the highest value shall be chosen among those resulting from the application of the criteria laid down therein.

Section 4. Abono Of Fines and Indemnities

Art. 191.

1. The payment of amounts from fines and indemnities imposed by the State Administration, arising from the liabilities payable under the Law of Costs and this Regulation, shall be made at the Treasury. Public, the supporting documents must be presented in the sanctioning body.

2. The revenue shall be made within the time limit set out in the relevant resolution, in accordance with the provisions of the General Recovery Regulation.

3. Revenue arising from the concept of compensation will automatically generate an increase in the credit of the investment budget chapter on the coast of the Ministry of Public Works and Urbanism.

CHAPTER III

Procedure and means of execution

Section 1. Procedure

Art. 192.

1. The officials and the authorities concerned shall be obliged to make the complaints, to deal with the complaints and to resolve the complaints, imposing the penalties.

2. For the purposes indicated, officials and officials of the Administration shall be entitled to access the grounds of private property in which the relevant checks and actions have been carried out (Article 101 of the Law of Costs).

3. When individuals make a complaint they must sufficiently substantiate the facts complained of so that the complaint can be dealt with. In this case, they shall be notified of the initiation of the sanctioning file, if appropriate.

Art. 193.

Warn the existence of a possible infringement, the competent body, prior to the appropriate measures will initiate the alleged infringer of the sanctioning case and will notify the statement of objections for the one to make the arguments which it considers appropriate, subsequently communicating the resolution (Article 102 of the Law on Costs).

Art. 194.

1. In the case of illegal works in the course of execution, the competent authority shall order its cessation at the time of the opening of the sanctioning file. In the case of installations on the holding, the suspension of undue use or activity shall be suspended, once the relevant claims have been rejected. In both cases the seal of the works or installations may be carried out.

2. The Service Companies referred to in Articles 39 of the Coasts Act and 82 of this Regulation shall suspend the supply at the request of the Administration (Article 103 of the Coasts Act).

3. In the event of competition from the Ministry of Public Works and Urbanism, the opening of the file shall be the responsibility of the Head of the Peripheral Coast Service, either on his own initiative or at the order of the superior.

4. The filing of licenses, permits or other authorizations granted under other legal provisions shall not be an impediment to the opening of a sanctioning file, as well as the filing of a request for or the processing of a license. authorisation or grant payable in accordance with the Law on Costs and this Regulation.

5. The competent body shall appoint Instructor and Registrar as the opening of the file. Where appropriate, it shall order the cessation of illegal works by warning that, in another case, the measures provided for in Articles 104 of the Coasts Act and 195 of this Regulation shall be adopted and shall indicate the possibility of considering the attenuating provisions in Articles 97.3 and 187.1, respectively, of the abovementioned Law and Regulation, setting the time limit. Such extremes shall be notified to the alleged perpetrators.

6. The Instructor, when he considers it necessary for the clarification of the facts, will practice the necessary measures and tests and will request the necessary reports.

7. The Instructor shall formulate the statement of objections which shall contain an exposure of the facts imputed, the precepts allegedly infringed, the damage caused and the penalties which are due, as well as the result of the tests, in the event of have been practiced.

8. The alleged infringer shall have an eight-day period of time to make the relevant submissions to the statement of objections.

Where the actions provided for in paragraph 6 are not carried out, the statement of objections shall be notified in conjunction with the opening of the sanctioning file.

9. In the case of illegal installations in operation and the arguments made to the statement of objections are rejected, the Instructor, without prejudice to the continuation of the file, shall communicate the proceedings to the body which agreed to initiate the sanctioning, in order to provide for the suspension of undue use or activity and to indicate the appropriate remedy, without prejudice to the immediate enforceability of the suspension.

10. Once the statement of objections has been answered, or after the deadline for this, the Instructor of the file shall make a motion for a resolution, which shall send the body which ordered the initiation of the dossier, for resolution or elevation to the competent body, prior hearing of the data subject.

11. The resolution shall, where appropriate, set the time limits for the effective application of the penalties and, where appropriate, the conditions and time limits for the return of the goods and the replacement of their previous state, or, if that is impossible, the compensation for damages. Irreparable damage caused.

12. Where the determination of the compensation has not been fixed in the judgment of the sanctioning file, the infringement shall be dealt with on an independent file, where the offender may only be questioned. amount of damage.

13. If, at the stage of the allegations referred to in paragraph 8, the person concerned establishes that an application for a grant or authorization is pending, all the actions referred to above shall be continued, file, where applicable, with the imposition of the relevant fine. The rest of the measures on restitution, replacement and compensation shall be postponed to the resolution of the granting or authorisation file. In the event that the decision is rejected, the decision shall include the corresponding measures.

14. The suspension of the supply referred to in paragraph 2 shall be made at the request of the Administration which instructs the sanctioning file.

Art. 195.

1. For the effectiveness of the cessation, prohibition or suspension provided for in the previous article, as well as for the ex officio recovery of the public domain referred to in Articles 10.2 of the Coasts Act and 14.2 of this Regulation, the competent, where necessary, interest in the collaboration of the public force.

2. Where the person concerned has failed to comply with the order for cessation, the seal or removal of the materials prepared for use in the works and the machinery shall be carried out. In the latter case, the person concerned may recover the withdrawn materials, after payment of the costs of transport and custody (Article 104 of the Law on Costs).

Art. 196.

When the cessation or suspension of a treatment and treatment facility for discharges was not appropriate, and serious drawbacks of the failure to comply with the conditions stipulated, the Administration, prior to require the holder to correct the deficiencies within the time limit indicated to him, and if he does not correct them, he shall carry out his subsidiary execution at the cost of that implementation (Article 105 of the Law on Costs).

Art. 197.

During the time of cessation, prohibition or suspension, the Administration shall not assume any kind of employment obligation of the owner of the activity concerned, without prejudice to the provisions of Article 39 of Law 8/1988, 7 April, on infringements and sanctions of social order (Article 106 of the Law on Costs).

Section 2. Forced Execution

Art. 198.

1. Both the amount of the fines and the amount of the administrative responsibilities may be required by the administrative route of the award.

2. In the event that the suspension of the execution of the fine or the repair is agreed upon, the person concerned shall be obliged to ensure that the penalty is paid for the suspension to be effective (Article 107.1 and 2 of the Law on Costs).

3. In the event of the State Administration's jurisdiction, the guarantee shall be lodged in the General Deposit Box, at the disposal of the sanctioning body, by means of bail or guarantee, by the amount of the fine and other obligations.

Art. 199.

The sanctioning bodies may impose periodic penalty payments when the time limits set forth in the corresponding requirement are passed, and as provided for in the Law of Administrative Procedure. The amount of each of them shall not exceed 20 per 100 of the fine fixed for the offence committed (Article 107.3 of the Costs Act).

Art. 200.

In addition, subsidiary execution may be carried out on behalf of the infringer and at his expense (Article 107.4 of the Coasts Act).

Art. 201.

1. The administrative eviction of those who occupy improperly and without title enough property of the maritime-terrestrial public domain will be decreed by the competent organ, upon request to the usurper to cease its action, with a deadline of eight days for the submission of claims, and in the event of active or passive resistance to such a requirement. The expenses that will be incurred will be accounted for by the evicted (Article 108 of the Law of Costs).

2. The body responsible for sanctioning will agree to the eviction. When it belongs to the State Administration, it will request from the Government Delegate or Civil Governor the collaboration of the State Security Forces and Corps, when necessary.

Section 3. Public Action

Art. 202.

1. The action shall be published to require the administrative bodies and the courts to comply with the provisions of the Law of Costs and the provisions that are necessary for their development and implementation.

2. The Administration, which has been established for the existence of the infringement and provided that the fact that the matter is not subject to an already completed or pending sanctioning file, shall pay the complainants the justified costs in which they incurred (Article 109 of the Law on Costs).

3. In order to enable the public to be dealt with in a timely manner, the individuals concerned must sufficiently substantiate the facts of the law on the costs of this Regulation or of other provisions of this Regulation. for its development.

If the Administration considers that there is insufficient evidence, the file will be filed without further processing, except when the facts stated by the person concerned are imputed to the same organ in which they are filed, which in this case will raise it to the immediate higher.

TITLE VI

Administrative competition

CHAPTER FIRST

Competencies of the State Administration

Art. 203.

1. It corresponds to the State Administration, in the terms established in the Law of Costs:

(a) The unlinde of the land-land public domain goods, as well as their affectation and disaffection, and the acquisition and expropriation of land for incorporation into that domain.

b) The management of maritime-terrestrial public domain, including the granting of subscriptions, concessions and authorizations for their occupation and use, the declaration of reserve zones, the authorizations in the areas of easement and, in any case, the concessions of fixed works at sea, as well as those of minor maritime installations, such as jetties, trousers, vars and other similar ones that are not part of a port or are attached to it.

(c) The protection and policing of the maritime and terrestrial public domain and its easements, as well as the monitoring of compliance with the conditions under which concessions and authorizations have been granted corresponding.

(d) The exercise of the rights of tanteo and retraction in the transmissions of the arid fields and, where appropriate, the expropriation thereof.

e) The performance of measurements and afora, studies of maritime hydraulics and information on the maritime climate.

(f) The approval of the standards developed in accordance with Articles 22 and 34 of the Law on Costs and 41 and 71 of this Regulation.

g) Works and performances of general interest or those affecting more than one Autonomous Community.

h) Authorization of discharges, except for industrial and polluting from land to sea.

i) The elaboration and approval of the provisions on discharges, human safety in bathing areas and marine salvage.

j) The lighting of coasts and sea signs.

k) The provision of all kinds of technical services related to the exercise of the above powers and the advice to the Autonomous Communities, Local Corporations and other public or private entities and to the individuals who request it.

(l) The implementation of international agreements and conventions in the areas of their competence and, where appropriate, the coordination and inspection of their compliance by the Autonomous Communities and may, if appropriate, adopt measures appropriate for their observance.

m) The implementation of an Oceanographic Data Bank to define the conditions of maritime climate on the Spanish coast, for which the different Public Administrations will have to supply the information that they are

The procedure for accessing the information will be the procedure determined in the following section (art. 110 of the Law of Costs).

2. The content of the Oceanographic Data Bank, as soon as it directly affects problems of the engineering of coasts, including aspects of the marine climate, such as winds, waves, currents or tides, will be developed by the Ministry of Works Public and Urbanism.

The access to the Oceanographic Data Bank shall be made by request of the data subjects, with a description of the type and content of the information requested, accompanied by proof of the payment of the fees.

3. The exercise of the powers of the State Administration referred to in paragraph 1 corresponds to the Ministry of Public Works and Urbanism, except those attributed in this Regulation to other Ministerial Departments.

4. The exercise of the powers of the State Administration in the territorial sea, inland waters, economic zone and continental shelf shall be in accordance with the provisions of Article 206, except in respect of works fixed and dredged shall be the responsibility of the Ministry of Public Works and Urbanism.

Art. 204.

1. They shall be classified as works of general interest and shall be the responsibility of the State Administration:

(a) Those that are necessary for the protection, defense, and conservation of the public maritime-terrestrial domain, as well as their use.

b) The creation, regeneration and recovery of beaches.

c) Public access to the sea not provided for in the urban planning approach.

(d) Those located in the sea and inland waters, without prejudice to the powers of the Autonomous Communities on aquaculture, where appropriate.

e) The lighting of coasts and sea signs.

2. The execution of the works of general interest listed in the previous paragraph may not be suspended by other public authorities, without prejudice to the interposition of the resources that come from them.

3. The State Administration shall be exempt from the payment of fees for the issue of licences which are payable under the terms of the urban legislation (art. 111 of the Law of Costs).

4. The competence referred to in paragraph 1 by the State Administration corresponds to the Ministry of Public Works and Urbanism.

5. They shall be considered to be included in the works for the creation, regeneration and recovery of beaches, as referred to in paragraph 1 (b), the dredging work, where appropriate, necessary.

6. Where the works of general interest referred to in paragraph 1 concern marine resources, the Ministry of Agriculture, Fisheries and Food shall, within one month, inform the Ministry of Agriculture.

Art. 205.

1. It is also up to the State Administration to issue a mandatory and binding report in the following cases:

(a) Plans and rules for spatial or urban planning and its modification or revision, in respect of compliance with the provisions of the Law of Costs, of this Regulation and of the rules that are dictated for its development and application.

b) Plans and authorizations for industrial and polluting discharges into the sea from land, for the purposes of compliance with state legislation and the occupation of maritime-terrestrial public domain.

c) Projects for the construction of new ports and transport routes for the Autonomous Communities, extension of the existing ones or their service area and modification of their external configuration, as planned In Article 49 of the Law on Costs and concordants of this Regulation.

d) Declarations of areas of interest for marine crops, concessions and authorizations, in accordance with specific legislation (art. 112 of the Law of Costs).

2. The planning referred to in paragraph 1 (a) shall include all the instruments of spatial and urban planning, including the Urban Soil Delimitation Projects and the Studies of Detail or other similar content, which have an impact on the maritime-terrestrial public domain and its servitude zones.

3. The reports referred to in paragraph 1, which shall be limited to the aspects relating to the management and protection of the maritime-terrestrial public domain, shall be issued by the Ministry of Public Works and Urbanism, in the form and time limit set out in the articles corresponding to this Regulation.

In the event that documentation or supplemental information is requested, the computation of these deadlines will be interrupted.

When the report concerns the assumption referred to in paragraph 1 (d), it shall also inform the Ministry of Agriculture, Fisheries and Food, as regards sea fishing and conservation of fishery resources.

4. In the case of concessions and authorizations referred to in points (b) and (d) of paragraph 1, where the assumptions provided for in Article 129 are not given, the favourable report of the Ministry of Public Works and Urbanism shall constitute the the necessary authorization for the occupation of the maritime-terrestrial public domain.

Art. 206.

1. The powers conferred on the State Administration by the Law on Coasts and this Regulation shall be exercised by the corresponding Ministerial Departments through the administrative structure to be determined in their provisions. (art. 113 of the Law of Costs).

2. The functions of the State Administration in the territorial sea, inland waters, economic zone and continental shelf in matters of defense, fishing and marine crops, rescue, fight against pollution, safety of human life in the sea, extractions of remains, protection of the Spanish archaeological heritage, research and exploitation of resources or other not regulated in the Law of Costs and this Regulation, shall be exercised in the form and by the Departments or Agencies that have them entrusted to the entry into force of the Law on Coasts, without prejudice to the provisions of the specific legislation or international conventions which, where applicable, are applicable (first paragraph, first paragraph, of the Coasts Act).

3. The provisions of this Regulation are without prejudice to the provisions of the Regulation of the Law on Areas and Facilities of Interest for National Defence.

The Ministry of Defense is responsible for the authorization of uses and activities in the land of public maritime-terrestrial domain affected by the National Defense, through the aforementioned Department.

The Ministry of Defense will also exercise military surveillance of coasts, ensuring compliance with international conventions of this nature.

4. It is for the Ministry of Transport, Tourism and Communications to exercise the functions relating to navigation, combating pollution and human safety and rescue at sea, as well as those provided for in the additional provision. Eighth of the Law on Costs and the Law of Enforcement of International Agreements and Conventions in these matters.

The use of the public maritime domain for the exploitation of telecommunication services will be governed by its specific legislation.

CHAPTER II

Competencies of the Autonomous Communities

Art. 207.

1. The Autonomous Communities shall exercise the powers which, in matters of territorial and coastal management, ports, town planning, discharges to the sea and other matters related to the scope of the Law of Coasts, have been attributed to them by virtue of their respective powers. Statutes (art. 114 of the Law of Costs).

2. The procedures for granting concessions and authorisations and for the imposition of penalties for their jurisdiction shall be in accordance with the legislation applicable in each case.

CHAPTER III

Municipal Competencies

Art. 208.

Municipal powers, in accordance with the terms laid down by the legislation of the Autonomous Communities, may cover the following:

a) Inform the deslindes of the maritime-terrestrial public domain.

b) Report requests for reservations, subscriptions, authorizations and concessions for the occupation and use of public maritime-terrestrial domain.

c) Explain, where appropriate, seasonal services that may be established on the beaches by any of the forms of direct or indirect management provided for in the Local Regime legislation.

d) Keep beaches and public bathing places in the proper conditions of cleanliness, hygiene and sanitation, as well as monitoring compliance with the rules and instructions issued by the State Administration on Rescue and security of human life (Article 115 of the Law on Costs).

CHAPTER IV

Interadministrative relationships

Art. 209.

1. Public administrations whose powers have an impact on the space field referred to in the Law on Costs shall adjust their mutual relations to the duties of mutual information, collaboration, coordination and respect for those tasks (Article 116 of the Treaty). Coast Law).

2. To these effects, the granting of all kinds of administrative titles by the State Administration, Autonomous Communities and Ayudos on the maritime-terrestrial public domain and its servitude zones shall be notified by the Administration. granting to the other Administrations.

3. The notification shall be made within 10 days. When it comes from a Town Hall and corresponds to the Ministry of Public Works and Urbanism, it will be carried out through the Peripheral Coast Service.

Art. 210.

1. In the processing of any territorial and urban planning that orders the littoral, the competent authority, for initial approval, must submit, before such approval, the content of the project corresponding to the administration the State to issue, within one month, a comprehensive report of the suggestions and observations it deems appropriate.

2. When the plan or rules concerned have been processed and immediately before the final approval, the competent authority shall transfer the competent authority to the State of the content of the plan so that it may decide on the plan within two months. If the report is not favourable in terms of its competence, a period of consultation shall be opened in order to reach an agreement. If, as a result of this agreement, of the plan or rules, it must be submitted again to public information and hearing of the Organisms that would have been preceptively intervening in the elaboration.

3. Compliance with the procedures referred to in the previous paragraph shall interrupt the calculation of the time limits for the approval of the planning plans laid down in the urban legislation (Article 117 of the Law on Costs).

4. The reports referred to in paragraphs 1 and 2 shall be dealt with as follows:

(a) The documentation must be sent, in any case, to the Peripheral Coast Service of the Ministry of Public Works and Urbanism, specifying the stage of the procedure in which the file is located. A complete copy of the duly completed report shall be sent to the territorial and urban planning instrument. The line of the deslinde of the maritime-terrestrial public domain, as defined in accordance with the Law of Costs, must be represented in the corresponding plans.

In the event that the above conditions are not met, the body issuing the report will communicate it to the sender, not starting the computation of the deadline for its issuance until the documentation is submitted in form.

(b) The Peripheral Coast Service shall issue the report in the case of Detail Studies, Urban Soil Delimitation Projects, or other instruments of similar content.

c) In other cases, the Peripheral Coast Service will raise the file to the Ministry of Public Works and Urbanism for the provision of the mandatory report.

5. The interruption of the calculation of the time limits referred to in paragraph 3 shall apply to any territorial or urban planning instrument.

Art. 211.

In order to ensure the coherence of the actions of the Public Administrations in the coastal zone, the State Administration is assigned the power to coordinate the activity of the Local Administration involved, in the Article 59 of the Law on Local Regime Bases (Article 118 of the Law on Costs).

CHAPTER V

Impeachment of acts and agreements

Art. 212.

The acts and agreements that infringe the Law of Costs, this Regulation or the Rules approved under it are declared to be contrary to the general interest, and may be directly challenged by the State Administration, The Court of Justice of the European Communities, acting on behalf of the Court of Justice, The Court shall rule on that suspension in the first procedure following the request of the Court (Article 119 of the Law on Costs).

TRANSIENT PROVISIONS

First.

1. By virtue of Article 132.2 of the Constitution, the holders of spaces in the land-land, beach and territorial sea area which would have been declared of particular property by a final court judgment prior to entry into The effect of the Law of Costs will become the holders of a right of occupation and use of the public maritime-terrestrial domain, to which effect they will have to request the corresponding concession within one year to count from the mentioned date. The concession shall be granted for 30 years which may be extended for another thirty years, respecting the existing uses and use, without obligation to pay royalties, and shall be entered in the Register referred to in Articles 37.3 of the Law of Coasts and 79,3 of This Regulation (transitional provision of the Law on Costs).

2. After the period laid down in the preceding paragraph without the application being made, the same shall be granted on its own initiative by the Ministry of Public Works and Urbanism, unless the person concerned expressly disclaims.

3. The concession will be granted in accordance with the provisions of the Law of Costs, although limited to the uses and uses existing at the entry into force of the same, leaving the rest of the area of former private property subject to the general regime The use of the public maritime-terrestrial domain. The extension for a new period of 30 years must be requested by the person concerned, within six months before the expiry date, and shall be granted unless the concession is on expiry.

4. The former owner shall have a preferential right, for a period of 60 years, to obtain concessions for new uses or uses which may be granted on the entire surface of former private property. These concessions will be fully in line with the provisions of the Coasts Act and this Regulation, including the limitation of the time limit and the obligation to pay royalties. The preference for obtaining these concessions may be used by any of the modalities provided for in the second paragraph of Article 2 (4) of this Regulation.

Second.

1. Land in the land-land area or beach which has not been occupied by the Administration in the practice of a disconnection prior to the entry into force of the Law on Costs, being covered by the securities referred to in Article 6.3 of the Treaty. the Law of Costs of 26 April 1969, will be subject to the regime established in the new Law for the use of the public domain, although the registered holders will be able to request, within one year, to count from the entry into force of the Law, the legalisation of existing uses, by means of the corresponding concession, in the terms of the provision Fourth of the Law and 12th of this Regulation. They shall also take precedence over a period of 10 years for the acquisition of the rights of occupation or use which, where appropriate, may be granted on such grounds. This is without prejudice to civil actions which may be exercised in defence of their rights (transitional provision first, 2, of the Law of Costs).

2. It is understood that the Land Administration has not been able to be occupied by the land in respect of which, when practicing the deslinde, securities covered by Article 34 of the Mortgage Law were provided, to which the Administration recognized its virtuality in the unlinde approval resolution.

3. The legislation provided for in paragraph 1 of this provision may also refer to duly authorised uses, even if the corresponding right has not yet been exercised. Situations which, where appropriate, are incompatible with the Law of Costs, shall be accommodated in accordance with the transitional provision fourth of the same and thirteenth of this Regulation.

4. The preference for obtaining or taking advantage of the rights of occupation for the period of 10 years shall be recognised only in respect of those who have legalized existing uses in accordance with paragraph 1 of this provision; and may be used either by the application of the corresponding securities or by the exercise of the right to use or take advantage of the use made by a third party. To this end, the Peripheral Coast Service must notify the persons concerned of the submission of such applications, so that they may exercise their right within one month. After that period, without the person's express decision, the person concerned shall be deemed to waive his right.

Third.

1. In the tranches of coast in which the public maritime-land domain is not dislocated or partially due to the entry into force of the Law of Coasts, the corresponding deslinde will be carried out, whose approval will take effect provided for in Articles 13 of Law and 28 and 29 of this Regulation for all land that is included in the public domain, even if they have been occupied by works (transitional provision first, 3, of the Law of Costs).

2. The deslinde shall be considered partial where all the goods classified as public domain under the Law of the Coast of 26 April 1969 have not been included in it.

3. The unlawful works and installations shall be subject to the provisions of the fourth paragraph of Article 4 (1) of the Law and the 12th of this Regulation. Those constructed in breach of the provisions of the second transitional provision of the Coasts Regulation, approved by Royal Decree 1088/1980 of 23 May 1980, shall be deemed to be unlawful.

4. Works and installations which are legally constructed or which can be constructed in the public domain and in the protection of the protection zone, which are contrary to the provisions of the Law on Costs, shall be subject to the arrangements in each case. in accordance with the provisions of the fourth paragraph of Article 4 (2) of the Law and the 13th of this Regulation. If they have not been granted a grant to be placed beyond the line of inlinde which should have been fixed in accordance with the Law of the Coast of 26 April 1969, that concession shall be granted in accordance with the provisions of the transitional provision. fourth of this Regulation.

Fourth.

1. In the tranches of coast in which the deslinde of the maritime-terrestrial public domain is contemplated at the entry into force of the Law of Coasts, but a new one must be practiced in order to adapt it to the characteristics established in that for the different goods, the land between the old and the new delimitation will be subject to the regime established in the first transitional provision of this Regulation, with the deadline of one year for the application of the the grant to which it refers, as from the date of approval of the relevant deslinde (first transitional provision, 4, of the Coasts Act).

2. On the expiry of that period without the request for the grant, the Ministry of Public Works and Urbanism shall, on offer of conditions, be granted ex officio subject to the provisions of paragraph 3 of the said transitional provision, except that medie disclaimer of the person concerned.

3. The former owners shall also have the right to obtain the new concessions which may be granted for a period of 60 years, in the terms of the first transitional provision, paragraph 4.

Fifth.

1. The remaining and unaffected areas of the maritime public domain, as provided for in Article 5.2 of the Law of the Coast of 26 April 1969, which have not been disposed of or recovered by their former owners at the time of entry into force of the The Law of Costs, and those of the State Heritage in which the circumstances provided for in Articles 17 of the same and 36 of this Regulation, will be affected, will be affected to the maritime-terrestrial public domain, in accordance with the provisions of those mentioned above. articles, once the release of the dislinde is carried out, not being able, in the meantime to be alienated or affected other purposes of use or public service (transitional provision second, 1, of the Law of Costs).

2. The approval of the affectation file will imply the update of the unlinde, without the need to process a new file.

Sixth.

1. The land earned or to be earned in property to the sea and the desiccated on its bank, under concession clause established before the enactment of the Law of Coast, will be maintained in such legal situation, although its beaches and zone Land-martimo-land will continue to be in the public domain, in any case. The land gained from the sea and the desiccated on its bank without sufficient administrative title will continue to be in the public domain.

2. The islands of particular property prior to the entry into force of the Law of Coast will retain this condition, although its beaches and land-land zone will remain in the public domain, in any case (transitional provision second, 2 and 3, of the Law of Costs).

Seventh.

1. The provisions of Title II on areas of protection and influence servitude shall apply to land which, at the time of entry into force of the Law on Coasts, is classified as unscheduled land and land not urbanizable. Subsequent revisions of the order providing for the future urbanization of such land and its consequent change of classification must fully respect those provisions (third transitional provision, 1, of the Law of Costs).

2. Transit and access to the sea and other property limitations set out in Chapter III of Title II shall apply, in any case, to any classification of the soil.

3. The provisions of the Law on Coasts and of this Regulation on areas of protection and influence shall be applied in full in the municipalities which lack the instruments of management, unless it is established that on the date of The entry into force of this Law the land met the requirements demanded by the urban legislation for its classification as urban land.

Eighth.

1. In the land which, at the entry into force of the Law of Coasts, are classified as land-planning soil programmed or suitable for urbanization, the urban development that they have attributed will be maintained, applying the following rules:

(a) If they do not have a partial plan approved definitively, the plan must comply fully and in the terms of the transitional provision before the provisions of the Law of the Coast, provided that it does not take place compensation in accordance with urban legislation.

(b) If the partial plan is definitively approved, the determinations of the respective plan shall be implemented, subject to the provisions of the transitional provision ninth, paragraph 1, of this Regulation for urban land. However, the partial plans definitively approved after 1 January 1988 and before the entry into force of the Law on Coasts, which are contrary to the provisions of the Law, must be reviewed in order to adapt them to their provisions, provided that no compensation is given in accordance with the planning legislation. The same rule shall apply to partial plans whose implementation would not have been carried out within the time limit laid down for reasons not attributable to the Administration, whatever the date of their final approval (third transitional provision, 2, of the Law of Costs).

For the purposes of the above paragraph, only decreases or reductions in urban development will be taken into account, resulting in the strict application of the Law on Costs, would be an amendment to the existing planning for compensation, in accordance with urban legislation. As a result, the compensation which, if any, may be payable for the costs incurred in the drafting of plans or projects, issuing of licences or other derivatives of compliance with the law, shall not be an obstacle to the application of that law. obligations imposed by the rules in force.

3. For the same purposes, the application of the provisions of the Law on Coasts may be made in a gradual manner, so that, under the circumstances of the case, the width of the protection zone, even if less than one hundred meters, is the maximum possible, in the respect of the urban development attributed by the planning.

4. The revision of the partial plans, the implementation of which will not be carried out for reasons not attributable to the Administration, shall relate to those approved definitively prior to the entry into force of the Law of Coasts and to those who are later.

5. The review of the planning, in terms of compliance with this provision, shall comply with the following rules:

(a) The competent urban administration of office or at the request of the Peripheral Coast Service or the promoter of the plan shall determine in a reasoned manner and taking into account, in any case, the criteria of paragraph 3, if the is or is not possible without giving rise to compensation.

(b) If the impossibility is determined, the appropriate resolution shall terminate the procedure. In another case, the processing will continue according to the urban legislation.

6. The provisions of the above paragraphs are without prejudice to the possibility that the planning authorities may agree to revise or amend the planning exercise of their respective powers, even if it is given compensation.

Ninth.

1. The land classified as urban land at the entry into force of the Law of Costs, will be subject to the easements established in it, with the exception that the width of the protection easement will be twenty meters. However, existing uses and constructions, as well as the authorisations already granted, shall be respected in the terms provided for in the fourth transitional provision of the Law on Costs and concordant with this Regulation. In addition, new uses and constructions may be authorised in accordance with the existing planning plans, provided that the effectiveness of the easement is ensured and the maritime-terrestrial public domain is not harmed, as established in the next paragraph. The indication of lineups and scrapings, the adaptation or readjustment of the existing ones, the management of the volumes and the development of the road network will be carried out by means of detailed studies and other appropriate urban instruments, which they must respect the provisions of the Law of Costs and the determinations of the rules that are adopted under the Law of Costs (third, third, of the Law of Costs).

2. For the authorisation of new uses and contracts, in accordance with the management instruments in the terms of the previous paragraph, the following rules shall apply:

1. In the case of uses or constructions not prohibited in Article 25 of the Law and concordant with this Regulation, it shall be the general regime in which it is established and the determinations of the urban planning.

2. When the line of the existing buildings is located at a distance of less than 20 meters from the boundary of the bank of the sea, for the granting of new authorizations the following must be fulfilled requirements:

(a) A special plan, detailed study or other appropriate urban instrument, the primary objective of which is proportional to a homogeneous urban treatment, should be approved prior to or at the same time. sea front assembly.

(b) The new construction must maintain the same alignment, provided that it is a closed building and that the length of the set of sunsets capable of housing such buildings does not exceed a quarter of the total length of the existing facade.

(c) The rule set out in the above rule shall apply only in the case of isolated sunscreens with building medianeries on one or both sides, provided that the latter is in conformity with the alignment laid down in the urban planning in force.

3. In those nuclei which have been the subject of a declaration of a historical whole or of another similar regime of special protection, the measures deriving from that regime shall be applied in preference to those contained in the law. from Costas.

3. For the purposes of the application of paragraph 1 above, it shall only be considered as an urban land that has expressly established this classification in the instruments of management in force at the date of entry into force of the Law on Costs, except in the case of urban areas in which the building was consolidated or the grounds for the services required in the competent urban legislation have expressly recognised that character.

10th.

Without prejudice to the provisions of the above provisions, the territorial and urban planning of the existing coastline upon the entry into force of the Law of Costs shall be in accordance with the general and specific rules which are approve the provisions of Articles 22 and 34 of that Law and agree with this Regulation. (Transitional provision third, 4, of the Law of Costs.)

11th.

1. Currently existing misstep easements will be maintained in the terms they were imposed.

2. The existing public access to the sea and those built under urban planning approved prior to the entry into force of the Law of Coast will remain destined for public use, opening to the same when not They are. (Transitional provision third, 5th and 6th, of the Law of Costs.)

3. In the tranches of coast in which insufficient access to the public is open to the public to comply with the provisions of Articles 28.2 of the Law of Coasts and 52.2 of this Regulation on maximum distances between those, the Services The peripherals of the coast shall proceed to the point of order of those who are to serve that purpose. In the case of vials that have not yet been received by the City Councils, the Ministry of Public Works and Urbanism will be able to assume the burden of the conservation of those until such reception takes place. Where there are insufficient vials to make access effective on the terms set out above, it shall be acted in accordance with Articles 28 (3) of the Coasts Act and 53.1 of this Regulation.

12th.

1. Works and installations constructed prior to the entry into force of the Law of Coasts, without the authorization or concession required under the legislation of the coasts then in force will be demolished when not applicable from its legalization by reasons of public interest. (Transitional provision fourth, 4th, of the Law of Costs.)

2. The procedure for legalisation shall be the procedure corresponding to the kind of authorisation or concession in question. The competent authority to decide in each case shall appraise the reasons for adopting one or the other resolution. For legalisation, which may be total or partial, the reasons of public interest must be assessed by agreement between the three administrations (state, regional and local), to which effect the body responsible for issuing the decision will seek the the report of other administrations, which shall be deemed to be unfavourable to legalisation if it is not issued within one month.

3. In the case of works or installations built without a municipal licence in the range of 20 to 100 metres of the protection zone, the legalisation procedure shall be carried out by the relevant Corporation or authority, in accordance with the provisions of the urban legislation and shall be initiated on its own initiative or at the request of the Peripheral Coast Service.

13th.

1. In the works and installations legalised as provided for in the previous transitional provision, as well as in those constructed or which may be built under the municipal licence, and where it is payable, authorization from the administration of the State granted prior to the entry into force of the Law of Costs which are contrary to the provisions of the Law, the following rules shall apply:

(a) If they occupy land of public land-maritime domain, they will be demolished when the concession is extinguished.

b) If they are located in the transit easement zone, no consolidation works will be allowed to increase volume, modernization or increase of their expropriation value, but if the small repairs that require hygiene, and conservation prior to the authorization of the State Administration. This will not be granted if the alternative location of the easement is not guaranteed.

c) In the remainder of the protection servitude zone, and in the terms in which it applies to the different soil classes as laid down in the third transitional provision of the Coasts Act and concordant This Regulation may be carried out, subject to the authorization of the State Administration, to repair and improvement works, provided that it does not involve an increase in the volume of existing buildings and without the increase in value that they may entail. be taken into account for the purposes of expropriation. In the event of total or partial demolition, the new constructions must be fully in line with the provisions of the Law of Costs. (Transitional provision fourth, 2, of the Law of Costs).

2. The provisions of point (a) of the preceding paragraph shall also apply to concessions granted under the transitional provisions of the Law on Costs and in accordance with this Regulation as regards the uses or The use of the same is incompatible with the legal provisions governing the use of the public maritime-land domain.

3. The authorisations referred to in points (b) and (c) of paragraph 1 shall be granted by the Ministry of Public Works and Urbanism, subject to the procedure laid down in this Regulation according to the area of servitude concerned.

4. As laid down in the last subparagraph of paragraph 1 (c) for the total or partial demolition cases, it is without prejudice to the provisions of the transitional provision, Article 8 (3) of this Regulation, in which case the reedification will be possible in the terms provided for in that provision.

5. The Peripheral Coast Service may request from the Registrar of the Property to take a marginal note of the circumstances that are present in the buildings affected by the provisions of this provision.

Fourteenth.

1. Within two years and in advance of the registration, where appropriate, in the Register referred to in Articles 37.3 of the Coasts Act and 79.3 of this Regulation, the Autonomous Communities shall adopt the relevant administrative decisions. to bring into line with the provisions of Articles 57 (2) of the Coasts Act and 114 of this Regulation the authorisations or concessions for direct discharges of pollutants into the sea from land, in such a way as to complete the process of adaptation within the maximum period of four years.

2. Also within two years and prior to the registration, if applicable, in the corresponding Register, the State Administration will review the characteristics and the fulfilment of the conditions of the reserves, subscriptions and concessions in force to the enactment of the Law of Costs. The concessions may be revoked in whole or in part, in addition to the causes provided for in the corresponding title, when they are incompatible with the criteria of occupation of the public domain established in the aforementioned Law. The compensation shall be determined, where appropriate, by application in the terms of the concession or, failing that, in the legislation under which it was granted. (Transitional provision fifth, 1 and 2, of the Law of Costs.)

3. In any event, it shall be considered incompatible with the criteria of occupation of the public domain established in the Law of Costs for the maintenance of concessions in perpetuity for an indefinite period of time, without a limited period or for a period exceeding thirty years, count from the entry into force of the Law, provided that they have not exceeded or exceed the maximum period of ninety-nine years. In all such cases, the concessions in force shall be deemed to have been granted for the maximum period of 30 years from the entry into force of the Law on Costs, without prejudice to the possibility of revision of other clauses as provided for in the the previous section.

4. In other cases, the revision of the concessional clauses will require the processing of a file with an audience of the interested party and offer of revised conditions adapted to the criteria of the Law of Costs and of this Regulation, formulated by the Ministry of Public Works and Urbanism. If the concessionaire does not accept the new conditions, the total or partial revocation of the concession shall be carried out, the corresponding compensation file being processed in separate part.

5. The Ministry of Public Works and Urbanism will decide on the maintenance or revocation of concessions granted in precarious conditions. In the case of a maintenance option, a firm concession shall be granted in accordance with the criteria and procedure laid down in the Coasts Act and in this Regulation.

6. The concessions granted for the construction of artificial accesses to islands or islets of private property by means of works of fillers or factory, will be reviewed ex officio by the Ministry of Public Works and Urbanism, so that these accesses are open to free public use under the same conditions of use as have been established for access to private properties, in such a way as to ensure access to the island's maritime-terrestrial public domain and to the spaces submitted to the transit easement. This modification of their conditions shall not give rise to compensation.

7. The holders of the creation, regeneration or conditioning of beaches may request the revision of their clauses to include in them the forecast contained in Articles 54 of the Coasts Law and 112 of this Regulation.

8. The review of the competition concessions of the Autonomous Communities shall be carried out in accordance with the criteria set out in paragraphs 1, 2 and 3 of this provision.

15th.

1. Under no circumstances may it be granted an extension of the existing concession period to the entry into force of the Law on Coasts under conditions which are contrary to the provisions of the Law on Coasts or the provisions implementing it. (Transitional provision sixth, 1, of the Law of Costs.)

2. In any event contrary to the provisions of the Law of Costs, the term extension that accumulated at the time of the original granted exceeds the limit of thirty years.

sixteenth.

Extinguishing the concessions granted prior to the Law of Costs, and which do not prove contrary to the provisions of the Law of the competent administration, will resolve the maintenance or lifting of the facilities. In the event that maintenance is chosen, the provisions of Articles 72.3 of the Law and 144.1 of this Regulation (transitional provision, sixth, 2, of the Law of Costs) will apply.

17th.

1. Those who have acquired the right to use or take advantage of the maritime public domain under Article 57 of the Decree-Law of Ports of 1928 shall request from the State Administration, within one year of the entry into force of that year, the issue of the corresponding title which shall be granted to them in the light of the act of notoriety which they provide. If they do not apply within that period, they shall be deemed to have withdrawn from that right. The title will be awarded for a maximum period of ten years (transitional provision sixth, 3, of the Law of Costs).

2. The act of notoriety must demonstrate compliance with the requirements laid down in Article 57 of the Law on Ports and, in particular, that it is used for the maritime industry and that it has not undergone any variation or alteration in the the course of the twenty years necessary for the acquisition of the right.

Eighteenth.

1. In the case of works, installations or activities in the area of protection in sections of the coast not dislocated as provided for in the Law of Costs, the State Administration shall require the authorization referred to in the Articles 26 of that and 48 of this Regulation, to which effect it will provisionally define and make public, accompanied by the corresponding plan, the likely line of deslinde and the extension of the servitude zone within the maximum period of one month, to be counted from the the date of application for the authorisation or the request for authorisation. However, in the event of a discrepancy, the granting of the authorization shall be conditional upon the prior or simultaneous approval of the disconnection, which shall be dealt with on a preferential basis (transitional provision seventh, 1, of the Law of Costs).

2. For the purposes of the above paragraph, the Peripheral Coast Service shall announce the opening of the authorisation file in the 'Official Gazette' of the province, in a journal of the most circulation and in its own bulletin board, indicating that the provisional definition of the likely line of dislinde is available to any person who wants to consult it and to make claims for a period of 15 days. Where the promoter of the action is not the owner of the land, the latter shall be heard for the same period. All without prejudice to what may result in the relevant deslinde file.

Nineteenth.

1. In cases where the occupation of land of public domain is not yet to be established in accordance with the provisions of the Law of Costs, the petitioner must, at the same time, request the deslinde, at its expense, with the application for a concession or authorization, both of which can be dealt with at the same time. In the case of a grant application, its grant may not be prior to the approval of the deslinde.

Likewise the works to be carried out by the Public Administrations will not be able to be executed without the existence of an approved unlinde (transitional provision seventh, 2, of the Law of Costs).

2. It shall be understood that a stretch of coast is not dislocated in accordance with the provisions of the Law of Costs, where there is no unlinde or does not include all the goods belonging to the maritime-terrestrial public domain under that law.

3. The reports of the Ministry of Public Works and Urbanism on plans and norms of spatial and urban planning, affecting stretches of coast not dislocated according to the Law of Coast, will be issued after delimitation of the probable line of dislinde by the competent Coast Peripheral Service.

Twentieth.

1. Articles 44.5 of the Law of Costs and 94 of this Regulation shall not apply to areas classified as urban to the enactment of this Law, in duly justified cases (transitional provision seventh, 3, of the Law of Costs).

2. The above paragraph shall refer to the already constructed and in-service sea rides and to those which are under construction in accordance with the urban planning. In other cases, the justification for the derogation shall be made in the relevant planning instrument or in its modification or revision.

Twentieth first.

1. The actions or omissions committed prior to the Law on Coasts which constitute an infringement under the previous legislation will be corrected by applying the most benevolent sanction between the two legislations (the eighth transitional provision of the Coast Law).

2. The above paragraph shall be without prejudice to the obligation to return and replace the land to its former state, in accordance with the procedure laid down in this Regulation.

Twenty-second.

The files under consideration, upon the entry into force of this Regulation, in accordance with the provisions of the transitional provision ninth, paragraph 1, of the Law of Costs, will be resolved by the competent body as established in it, without in any event any clauses that would be contrary to that Law to be included in the resolution.

Twenty-third.

Within three months of the entry into force of this Regulation, the fees and charges set out in Articles 84 to 87 of the Law on Costs shall be regulated in accordance with the provisions of the Law. 8/1989, of 13 April, of Fees and Public Prices. In the meantime, such fees and charges will continue to be levied in accordance with the Law on Costs and the specific regulations in force.

ADDITIONAL PROVISIONS

First.

1. The State Administration shall have the right to withdraw and retract the goods referred to in paragraph 1, from the additional provision of the Law on Costs, for the consideration of the goods referred to in paragraph 1, to which effect it shall be notified by written. The right of entry may be exercised within a period of three months and the right of retraction within one year, both of which shall include the relevant notification, which shall include the essential conditions of the transmission (third, third, third, third, third, third, third, third, third, third, third, third, third, third, third, third and third Coast Law).

2. For the exercise of the right of tanteo established in the previous section, the Ministry of Public Works and Urbanism will make public in the "Official Gazette" of the province the areas in which the owners of land will have to notify the Service The purpose of which is to dispose of them, a notification which must include the price and form of payment provided for. The Service shall be submitted to the Ministry of Public Works and Urban Planning, and the resolution shall be adopted within the prescribed period.

3. For these purposes, the Registrar of the Property and the transmittor shall notify the Peripheral Coast Service of the conditions under which the disposal and the name of the acquirer have been carried out. The Service will elevate the Ministry of Public Works and Urban Planning to its resolution.

Second.

The administrative body which instructs or resolves a file may require the appearance of the persons concerned by themselves or by accredited representative, stating in that order the object of the appearance.