JOHN CARLOS I
KING OF SPAIN
To all who present it and understand it.
Sabed: That the General Courts have approved and I come to sanction the following Law:
I. Spain has a great length of coastline, approximately 7,880 kilometers, of which 24 per 100 correspond to beaches, with a public patrimony of some 13,560 hectares, valuable for the great possibilities it offers, but scarce before the growing demands that you support, and very sensitive and difficult to recover in your physical balance.
Our coast is affected, as is the case in other countries of the world, due to a sharp increase in the population and the consequent intensification of tourism, agricultural, industrial, transport, fishing and other uses. In fact, on the shore of a width of about five kilometres, which means 7 per 100 of our territory, the Spanish population, which was at the beginning of the present century of the order of 12 per 100 of the total population, is currently around 35 per 100 of this, with a density four times higher than the national average. This proportion is, in turn, tripling seasonally in certain areas by the tourist population, since 82 per 100 of it is concentrated on the coast.
In short, it can be said that there is an accelerated process of population transfer from inland areas to the coast, so that about 40 per 100 of the Spanish coast is already urbanized or has the The classification of urban areas, 7 per 100 of which is dedicated to port facilities, 3 per 100 to industrial facilities and 8 per 100 to agricultural uses, not yet 42 per 100 clearly defined or irreversible uses. This situation has, in general, been achieved in unconnected actions, without the necessary coordination between the legislation of the maritime and land public domain, without taking into account the land-to-sea interaction, nor the need to establish measures which ensure the preservation of these spaces singularly sensitive to deterioration, nor the external costs to the action itself or the profitability or social value of the environment.
Several are the factors that have negatively affected the conservation of this natural scenario, revalued by the change in human customs and by the civilization of leisure as mass phenomena. On the one hand, the decrease in the solid contributions of rivers and streams has caused the regression of 17 per 100 line of coast, because of the reservoirs built and the forest repopulations made, 80 per 100 of the territory This is the case, which includes the abrupt land and, therefore, the main suppliers of sediments, it no longer contributes to that, to which it has to be added in other cases its reduction by the decrease of the flow, due to the water captions. To this oblivion that the arid ones are a scarce resource, with a long or expensive process of renovation, it has to add the destruction of littoral dunes, the abusive extractions of arid and, in many occasions, the execution of marine works without having In view of its harmful effects, with barriers blocking the flow of sand along the coast.
There has also been too often the denaturing of portions of the public coastal domain, not only because the private property has been recognized, but also because of the fact that the privatization of the public has meant the the granting of certain concessions and the lack of public access, with the result that certain extensions of the bank of the sea have been unjustifiably subtracted from the enjoyment of the community.
Among the most regrettable cases of physical degradation can be the destruction of the most important life-generating nuclei in the marine environment, the marshes. Many of these areas vital for organic and organic production have been destroyed under alleged health, economic or agricultural reasons, even with economic subsidies and tax exemptions, having been really dedicated to a speculative building.
The consequences of the growing process of privatization and predation, made possible by a serious administrative abandonment, have made it unrecognizable, in many areas, the coastal landscape of not more than thirty years ago, with a Harmful urbanism of high walls of buildings at the same edge of the beach or of the sea, routes of transport of great intensity of traffic too close to the shore, and discharges to the sea without purification in most cases.
This double phenomenon of destruction and privatization of the coast, which threatens to extend to its entire length, demands a clear and unequivocal solution in a compelling way, according to the nature of these goods, and which, with a view to In future, it has as objectives the defense of its balance and its physical progress, the protection and conservation of its natural and cultural values and virtualities, the rational use of its resources, the guarantee of its use and open enjoyment all, with exceptions fully justified by the collective interest and strictly limited in time and space, and with the adoption of appropriate restoration measures.
II. The inadequacy of the existing legislation to achieve the objectives described is so notorious that it is superfluous to insist on it. The Law of Coast of April 26, 1969 was reduced to an effort coder of character competence, of assignment of the attributions of the various Departments and Entities called to act on the marine public domain. The Law of Protection of the Spanish Coast of 1980 only came to fill, and in a not fully satisfactory way, one of the important loopholes of the previous one, to criminalize the infractions in this matter and to determine the corresponding sanctions, thus as the procedure for their imposition. But it is obvious that neither the competence nor the sanctioning perspective are, on their own, the appropriate starting point for a complete regulation of the public domain goods in question.
Furthermore, the fragmentary nature of the current legislation requires that legal provisions of the 19th century be applied as a supplementary right. On the one hand, the legislation on ports, coming from the waters and centered, as its own name indicates, in the construction and operation of the harbour infrastructures. From another, the public works, which, by its general nature, do not know the specific issues of the maritime-terrestrial public domain, is inspired by a configuration of the role of the State, today clearly out of date and, understandably, given its time, does not have the concern for the conservation of Nature, which is currently necessary in the face of the number and intensity of the aggressions produced.
And, thus, are serious rulings of the current legislation, highlighted by the experts and the subject matter, the scarce definition of land and sea-land area, which does not cover the natural reality; the prevailing of the special possession covered by the Land Registry, with vindication by the State, and the private acquisition of the public domain; the obsolete and insufficient easements; the total absence of protective measures in the territory abutting; the usucapion twenty as a legitimizing title of the use; the merely passive attitude the administration in the granting of occupation or use titles; the undifferentiated treatment of authorizations and concessions, and the generalization of these, with what this means of extending the rights of their holders to the domain the lack of effective guarantees for the conservation of the environment by the same, and the lifting of the occupations at the expense of the State; the absence of the conservation determinations and norms of the landscape and the environment; the slowness of the sanctioning procedure, and even the obsolescence of some powers by the new organization of the State.
In the face of the concurrency of a great pressure of use and the lack of adequate legislation, the facts show that Spain is one of the countries in the world where the coast, in the aspect of conservation of the environment, is more severely affected. threatened, and time is to put an end to its serious and progressive deterioration and the irreversible alterations of its equilibrium.
This Law also comes to fulfill the mandate expressed in our Constitution, which in its article 132.2 has stated that it is state public domain property that determines the law and, in any case, the land-land zone, the beaches, the territorial sea and the natural resources of the economic zone and the continental shelf. This is the first time in our legislative history that for a disposition of the highest rank certain goods are classified as public domain, with the particularity that the only ones to which the Constitution directly attributes that definition belong precisely to the maritime-terrestrial public domain. And it is evident that this has been to cut, once and for all, the previous confusions and attitudes contrary to the demaniality of such important spaces.
In this Law, which basically refers to the management and conservation of this natural heritage, the principles laid down in Article 45 of the constitutional text are also developed and the criteria contained in the Recommendation 29/1973 of the Council of Europe on the protection of coastal areas in the 1981 Charter of the European Economic Community and other plans and programmes.
In this context, in no way can the present Law be considered a mere reform of the present law. It is, strictly speaking, a new law, with a different conception of the regulation of the maritime-terrestrial public domain, without prejudice to what is established for specific matters in the corresponding special laws to which it refers. However, the main focus of the law is on the coast or coast, which is where the greatest problems arise. Hence their denomination.
The Law is, therefore, in many points, profoundly innovative. The lessons of our own experience and those of countries with similar problems to our own have been collected. In some cases, innovation consists in restoring in all its purity principles of deep roots in our historical law but which have been weakened in its application. In other cases, however, new rules and techniques are incorporated, with which the aim is to solve the problems arising from the congestion and degradation of the coastline to which reference has been made.
III. Ports of general interest remain outside the scope of the Law, which, while forming part of the state-owned land-land public domain goods, will continue to be governed by their specific legislation, in the interest of The substance and peculiarities of these great public works. Nor are the ports of ownership of the Autonomous Communities governed by their respective Statutes, as they do not fall within the jurisdiction of the State. However, as the construction or extension of the ports of autonomous competence requires the occupation of a part of the state-terrestrial public domain property of those regulated in this Law, it has seemed appropriate to establish in The scheme of the transfer of these goods to the Autonomous Communities, following the pattern marked by the Decrees of the transfer of services in the field of ports, that now applies not only to the specifically harbour works of the Communities Autonomous, but also to the construction of transport routes of the competition of those which, by their configuration, they require the occupation of the state marine-terrestrial domain.
IV. In the domain questions, besides defining the sea bank more in line with its natural reality, it goes back to the origins of our tradition, collected in Roman and medieval law, by reaffirming the qualification of the sea and its bank as collective heritage, following the constitutional mandate, in accordance with Article 399.1 of the Civil Code. The Law closes the parenthesis of the privatizing sign that initiated the Law of Waters of 1866 with a mistake regarding the legitimately acquired rights, which should not be other than the concessional ones, continued by the Laws of Ports of 1880 and 1928, as well as the Law of the Coast of 1969, despite the serious problems that already existed at this time and the contrary and practically unanimous position of the doctrine. This Law establishes the prevalence of the advertising of this natural domain, and also makes it possible to register, also by means of other measures to coordinate the actions of the Administration and the Registry of the Property, with the aim to avoid the damage caused by its non-existence. Thus, the possibility of consolidating the appropriation by individuals of public domain land is excluded.
In this line, it has been considered appropriate to eliminate the possibility of acquiring the property of the lands gained to the sea or of any other portion of the public domain as a consequence of the realization of works, since these Actions often provide cover for real estate speculation, and in any case go to the detriment of the public domain. With the repeal in addition to the Law of 1918 on Maritime Walks, and already repealed, by the new Law of Water, the Desecation and Sanitation of Marismas, of that same date, this Law is proposed just the opposite; not only to maintain in this The public domain has published the spaces that bring together the natural characteristics of the environment, but also establishes mechanisms that favor the incorporation of land into the public domain, expanding the narrow coastal strip that currently has this qualification. demanial.
In this respect, it should also be noted that the name of the land-land domain, used in this Law, is considered to be more appropriate than the hitherto employed maritime, precisely because it highlights the existence and the need for a complementary terrestrial space for the one, for which the traditional expression of sea ribera is used again for the generic denomination.
In summary, the principles of Article 132.1 of the Constitution have been developed on the imprinting and inimilitability of the public domain, with the administrative faculty of its post-office reinstatement, any that is the elapsed time.
Of special novelty and interest, because time acts against the conservation of natural spaces and in favor of the extension of urban areas, it is the title dedicated to the protection of the marine-terrestrial public domain. This title establishes, as is traditional in the Spanish legislation regulating public domain goods, a series of limitations on the ownership of the adjoining land, which have the character of minimum and complementary regulation of which (a) the Autonomous Communities in the field of their powers, and therefore this Law is to be defined as the basic conditions for the exercise of that right in those areas and seeks to ensure the effectiveness of the law to enjoy a suitable environment, as well as the duty to conserve it, following guidelines In other European countries, and also in our own countries, in relation to the land adjacent to other public domain goods. Most of these limitations were already established by the legislation so far in force, but the new Law, in line with its objectives of preserving the integrity of the public domain, configures the old servitude of rescue, obsolete as to the specific purpose of the designation, such as an easement of protection of the said domain, which entails the general prohibition of certain activities and, in particular, constructions considered to be harmful to the the proper protection of such a sensitive natural environment, as the experience has put relief. The guarantee of the conservation of the maritime-terrestrial public domain cannot be obtained only by effective action on the narrow strip which has that legal status, but it is also essential to take action on the adjoining private strip, in order to prevent the interruption of the wind transport of the arid and the closing of the visual perspectives for the construction of buildings on screen, the own shade that the buildings project on the bank of the sea, uncontrolled dumping and, in general, the negative impact of building pressure and the uses and activities that it generates on the natural environment can cause irreparable damage or very difficult and expensive repair. The width of this area of servitude of protection has to be, logically, conventional, although it must be fixed with a depth of 100 meters, although in the already urbanized areas the width of 20 meters of the This is the case in point (a) of the first paragraph of Article 1 (1) of the Directive. These dimensions are among the minors that collect the comparative right.
Without the strict character of serfdom, a zone of influence is also defined, in which certain guidelines are set for the planner in order to avoid the formation of architectural screens at the edge of the area. (a) to provide for protection, or to accumulate in this space any compensation which may be considered suitable or useful in urban planning, which implies the added advantage of economic reanimating a wider range of land. This is without prejudice to the additional protection measures which the Autonomous Communities may adopt in the field of the environment, as well as those adopted by the Communities and the Councils in the exercise of their powers in the field of environmental protection. spatial planning and town planning.
The name and the regime of the former surveillance serfdom is also updated, replacing it with the public transit system, and the passage or access to the sea is maintained, providing for the existence of the necessary ones to guarantee the public use of the sea and its bank. As a significant novelty, the limitation of the extraction of aggregates in the final reaches of the channels, which is trying to alleviate the serious situation caused by the reduction of contributions from arid to the coast, has to be mentioned. alternatives for the continuity of its supply, as well as granting the right of preferential administration for the exploitation, to this end, of fields of aggregates.
With regard to the use of the public maritime-terrestrial domain, an effective regulation of the different uses is established, which includes, both the natural and free common use, and the special use, object of authorization, which covers cases of intensity, danger, profitability and non-mountable facilities, and occupations with fixed works, which are the subject of a concession.
For more reason than in the area affected by the protection easement, the privilege that would mean the occupation of the public domain by those activities whose placement in it is not necessary is prevented; empowers the Administration to convene competitions for the granting of authorizations and concessions that it considers to be of particular interest, thus abandoning its merely passive role and reducing the maximum grant period from 99 to 30 years, sufficient for the amortization of any installation.
The scheme for the financing of works and actions is laid down in flexible terms that provide for the possibility of agreements being formalised in which the contribution of the Entities concerned will be detailed in the cases. of shared funding. The Law regulates the fees and charges payable as a fair consideration for the right to the occupation of the public domain granted by the Administration, as well as the compensation for ransom.
In the field of infringements and sanctions, criteria already contained in the Law on the Protection of the Coasts of 1980 have been regulated with greater precision, introducing a simplification in the procedures of the sanctioning and various procedures. practical measures which deal with attitudes of contempt for legal standards, with greater speed and effectiveness in the response to infringements, without prejudice to the guarantees of suspected offenders. Important novelty is the recognition of public action to facilitate the collaboration of all in the observance of the precepts of the Law and the provisions that develop and complement it.
The last title of the Law deals with administrative powers. It details only those that correspond to the State Administration and the Municipalities, while the Autonomous Communities themselves are the subject of a generic term, referring their scope and content to the respective ones. Statutes. As regards the powers of the State Administration, it has seemed appropriate to leave to the regulatory development the concreteness of the Departments and Agencies to be exercised in each case, since otherwise it would have been necessary to enter into a degree of detail improper of a legal text and, in addition, inappropriate by the amendments to which the administrative organisation is subject. This is without prejudice to the maintenance of powers conferred by other specific laws on matters relating to the subject matter of the present case. In any case, and given the concurrency of the area of the coastal area, coordination with the instruments of territorial and urban planning has been sought through a system of consultations and reports. reciprocal, which, following schemes already designed in the current regulations, saves the competences of the respective Entities and allows their articulation in a framework of collaboration.
Finally, a careful transitional regime is established to allow for the adaptation of existing situations prior to the entry into force of the Law into the new regulation contained therein.
In the context of general respect for the legally acquired rights, the basic criterion used is to establish the full applicability of the provisions of the Law on the Area of Protection and influence only on the stretches of coast which are not yet urbanised and where the owners of the land do not have a consolidated right of use in accordance with urban legislation. On the other hand, in urban or urban areas, where such rights of use have been consolidated, the determinations on the area of influence are not applied and the width of the protection easement is limited to 20 metres. to say the same extension as the rescue service according to the legislation of the coast which is now repealed. With the criteria of the new law, it is avoided, on the one hand, the impact on acquired rights in terms that could give rise to an indemnity burden which would fundamentally affect the Urban Administration and, on the other hand, also excludes the need to address a planning review process that would introduce an insecurity factor in building expectations.
In this context, the situation of existing buildings that are incompatible with the provisions of the new law is precisely regulated. If they were built illegally, it opens up the possibility of legalizing them, where possible for reasons of public interest. If they were built legally, the acquired rights are respected, frightening the situation of the work to the nature of the terrain in which it is deployed. If it is in the public domain, the concession is maintained until its expiration; if it is in the transit easement zone, it is out of order with the consequences foreseen in the current urban legislation; finally, if it is in the rest of the protection servitude zone, repair and improvement works of any kind are allowed, provided that, logically, they do not assume an increase in the volume of the existing ones.
V. These are, in short, the reasons that justify the enactment of this Law, in order to face the serious problems that today affect the Spanish coasts, as an indispensable instrument for this collective heritage to be especially valuable as Natural space of freedom is preserved for the use and enjoyment of all citizens. It is the responsibility of the legislator of this hour to protect the integrity of these goods, to preserve them as the property of all and to bequeath them in this condition to future generations.
Above the competing interests that converge on many occasions over the maritime-terrestrial public domain, a dual purpose is raised as the cardinal idea of this Law: to guarantee its public character and to preserve its natural characteristics by reconciling development requirements with protective imperatives, and by repealing as many legal rules as possible.
Object and Purposes of the Law
The purpose of this Law is to determine, protect, use and police the maritime-terrestrial public domain and especially the sea bank.
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 obtain and maintain an adequate level of quality of the waters and the riverbank.
Maritime-terrestrial public domain assets
Classification and definitions
They are state land-land public domain goods, pursuant to the provisions of Article 132.2 of the Constitution:
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 seepage of the sea are considered to be included in this zone.
b) The beaches or areas of deposit 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 natural causes 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.
They also belong to the state maritime-terrestrial public domain:
1. The accessions to the bank of the sea by deposit of materials or by the removal of the sea, whatever the causes.
2. Land gained from the sea as a direct or indirect consequence of works, and desiccated on its bank.
3. The land invaded by the sea that will become part of its bed for any cause.
4. The land is significantly vertical, which are in contact with the sea or with spaces of public maritime-terrestrial domain, until its coronation.
5. The land dislocated as a public domain which for any cause has lost its natural characteristics of beach, cliff, or marine-terrestrial zone, except as provided for in article 18.
6. The 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 lands adjoining the sea shore that are acquired for incorporation into the public maritime-terrestrial domain.
9. The works and installations constructed by the State in this domain.
10. The works and installations for the lighting of maritime coasts and signs, constructed by the State, whatever their location, and the areas affected by it, except as provided for in Article 18.
11. The ports and port facilities of state ownership, which will be regulated by their specific legislation.
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 the latter, in which case they shall be subject to the public domain of their land-land area, beaches and other goods of this nature, in accordance with the provisions of Articles 3 and 4.
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, does not detract from the limitations and legal easements corresponding to it.
2. In another case, the invaded lands will become part of the public maritime-terrestrial domain, as it turns out from the corresponding deslinde.
According to the provisions of Article 132.1 of the Constitution, the land-maritime public domain goods defined in this Law are inalienable, imprescriptible and non-embargable.
For the purposes of the foregoing article, no more rights than those of use and use acquired in accordance with this Law shall be permitted, lacking any obstatist value against the public domain, the private ones, Long periods of time and even if they are covered by seats in the Land Registry.
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, nor even in the case of lands gained from the sea or dried in its riverbank, without prejudice to the established in Article 49.
2. Administrative acts which infringe the provisions of the previous paragraph shall be null and void. The particular acts in fraud of the said provision shall not prevent the proper application of that provision.
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 deslinde.
2. It shall also have the power to recover post-office, ex officio and at any time on those goods, in accordance with the procedure laid down in regulation.
3. No action shall be taken against decisions taken by the State Administration in the exercise of the powers set out in this Law and in accordance with the procedure laid down.
For the determination of the maritime-terrestrial public domain, the appropriate rules will be practiced by the State Administration, in accordance with the characteristics of the goods that integrate it according to the provisions of the Articles 3, 4 and 5 of this Law.
1. The deslinde shall be initiated on its own initiative or at the request of any interested person, and shall be approved by the State Administration.
2. The Autonomous Community and the Town Hall concerned shall be heard in the proceedings, the owners of which are adjacent, subject to notification, and other persons certifying the status of the persons concerned.
3. 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 the compensation for damages and damage caused and as a result of the fact that it is definitively approved.
4. 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. the preventive marginal annotation of that circumstance is practised.
5. 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 shall imply the lifting of the suspension.
6. 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 public domain, with the effects specified in the preceding paragraphs.
7. However, emergency works to prevent or repair damage may be carried out, subject to the authorization of the State Administration.
1. The statement of the existence of the physical characteristics listed in Articles 3, 4 and 5 declares the Sunday possession and ownership of the State in favour of the State, giving rise to the protection and without the registration of the Property registration may prevail in the face of the demanial nature of the dissimilar goods.
2. The resolution of approval of the deslinde shall be sufficient to rectify, in the manner and conditions to be determined in accordance with the rules, the legal situations which are contradictory to the dislinde. 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 case, 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.
Civil actions on rights relating to land in the public domain of the public domain are prescribed at the age of five, computed from the date of the approval of the deslinde.
1. In the case of inregistration in the Land Registry located in the area of protection of protection referred to in Article 23, in the description of those shall be specified whether or not they are linked to the public maritime-terrestrial domain. If yes, registration may not be carried out if the certificate of the State Administration certifying that the public domain is not invoked 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 suspects a possible invasion of the maritime-terrestrial public domain, it will put to the attention of the State Administration the request of registration, leaving it to be suspended until such time as it is issued with favorable certification.
3. After 30 days from the request for certification referred to in the previous paragraph, without any reply, registration may be made.
4. 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.
1. The same rules of the previous article 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 previous boundary of the sea bank, even in cases of excess of space.
Affecting and Disaffectation
The land of the State's heritage, adjacent to the public maritime domain or located in its zone of influence, which are necessary for the protection or use of this domain, will be affected by the use of of the same, in the form provided for in the legislation of State Heritage. They shall not be disposed of without prior declaration of innecessity to the said effects.
1. Only the damage to land in the case of Article 4 (5) and (10) may be affected, subject to the provision of a mandatory report by the City Council and the Autonomous Community concerned and on the basis of a declaration of innecessity for the purposes laid down in Article 4 (1). the previous article.
2. The disaffection must be expressed and the corresponding deslindes must be practised before proceeding to it.
The areas affected by the provisions of the previous article will be incorporated into the State Heritage Site. When 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 assignment to be used for purposes of use or public service of the competition of those.
Limitations of the property on the contiguous land to the shore of the sea for reasons of protection of the marine-terrestrial public domain
Objectives and general provisions
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 this Law.
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. The 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 powers.
1. The State Administration shall lay down rules for the protection of certain sections of the coast, as provided for in Articles 23.2, 25, 26.1, 27.2, 28.1 and 29 of this Law.
2. Before the final approval of the rules referred to in the preceding paragraph, they shall be subject to the report of the Autonomous Communities and of the Councils to whose territory they are concerned, in order to enable them to raise the objections arising from them. of 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.
SECTION 1. PROTECTION EASEMENT
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 servitude, in the interest of the particular characteristics of the stretch of coast concerned.
1. In this area, crops and plantations may be carried out without the need for authorisation, without prejudice to Article 27.
2. In the first 20 metres of this zone, objects or materials thrown by the sea may be temporarily deposited and maritime salvage operations performed; no closures may be carried out, except under conditions to be determined. Regulation. Damages arising from the occupations referred to in the preceding paragraph shall be the subject of compensation as provided for in the Compulsory Expropriation Act.
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 those of higher traffic intensity than is determined by regulation, 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 media.
2. On an ordinary basis, only works, installations and activities which, by their nature, cannot 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 to be determined in order to ensure the protection of the public domain.
3. Exceptionally and for duly substantiated reasons of public utility, the Council of Ministers may authorise the activities and facilities referred to in points (b) and (d) of paragraph 1 of this Article. In the same way, the buildings referred to in point (a) and industrial installations in which the requirements of paragraph 2 are not met may be authorised, which are of exceptional importance and which, for economic reasons justified, its location on the coast should be appropriate, provided that, in both cases, it is located in areas of easements corresponding to stretches of coast that do not constitute a beach, nor wetlands or other areas of special protection. Actions to be authorised in accordance with the provisions of this paragraph should be accommodated in the planning of urban planning approved by the competent authorities.
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 this Law, and the rules that may be issued, if any, in accordance with the provisions of this Law. provided for in Article 22, 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 in accordance with this Law.
SECTION 2. TRANSIT EASEMENT
1. The transit easement will fall on a strip of 6 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 transit which are difficult or dangerous, this 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 manner in which it is indicated by the State Administration. It may also be occupied for the execution of sea walks.
SECTION 3. TH ACCESS TO THE SEA
1. The easement of public and free access to the sea will fall, in the form that is determined in the following numbers, on the lands adjoining or contiguous to the maritime-terrestrial public domain, in the length and width that demand 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 completion.
3. 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 the previous section.
4. No works or installations that interrupt access to the sea will be allowed under any circumstances without an alternative solution being proposed by the interested parties, which guarantees their effectiveness under conditions similar to the previous ones, in the case of the administration. of the State.
Other property limitations
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 in each case will be determined, it will take the favorable report of the State Administration, in terms of its incidence in the marine-terrestrial public domain.
2. 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. For this purpose, such deposits are declared to be of public interest for the purposes of their expropriation, in whole or in part, by the competent ministerial department and the temporary occupation of the necessary land.
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 beach and road traffic access, land reserves shall be provided for car parks in sufficient amount to ensure parking 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 urbanizing 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 shall be required.
Using Maritime-Earth Public Domain
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 works and installations of any kind and are carried out in accordance with the laws and regulations or rules adopted in accordance with this Law.
2. Uses which have special circumstances of intensity, danger or profitability and those requiring the execution of works and installations may only be covered by the existence of reservation, attachment, authorisation and grant, subject to the conditions of provided for in this Law, in other special cases, where applicable, and in the relevant general or specific rules, without any right to be invoked under the use of a user, whatever the time has elapsed.
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.
2. For these purposes, and whatever the enabling title of the occupation and the Administration which grants it, the uses referred to in Article 25.1, except those of paragraph b), shall be expressly excluded, subject to a declaration of usefulness. public by the Council of Ministers, and the dumping of usable debris in fillings, duly authorised.
3. Prior to the granting of the enabling administrative title for the occupation of the public domain, the sewage disposal system must be guaranteed, in accordance with the current provisions. The subsequent failure to comply with this obligation shall give rise to the declaration of expiry of the administrative title and the lifting of the installations, without prejudice to the sanction which, where appropriate, corresponds.
1. The beaches shall not be of private use, without prejudice to the provisions of this Law 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 be located, preferably outside the beach, with the dimensions and distances that are regulated.
4. The occupation of the beach by installations of any kind, including those for seasonal services, may not exceed, in aggregate, half of the surface of the beach in pleamar and shall be distributed homogeneously throughout the itself. Distribution will be requested from the State Administration when it is estimated that there are special conditions.
5. The parking and unauthorised movement of vehicles, as well as camps and camping, will be prohibited.
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. Maritime-land, subject to the provisions of this Law. 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 for use, existing and foreseeable, in particular on seasonal services on beaches, discharges, and extraction of aggregates on the shore of the sea and in the fields of qualified domain public pursuant to Articles 4 and 5.
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.
2. The specific rules will be submitted to the Autonomous Community and the relevant City Council, prior to their approval.
1. Applications for use of the public maritime domain which are clearly opposed to the provisions of the rules in force shall be refused and filed within the maximum period of two months, without further processing than the prior hearing of the petitioner. In the case of deficiencies which may be remedied, the procedure provided for in the Law on Administrative Procedure shall be carried out.
2. The Administration is not obliged to grant the titles of use of the public maritime-terrestrial domain that are requested in accordance with the determinations of the approved plan or rules, and may be refused for reasons of opportunity or other of duly substantiated public interest.
In cases of uses likely to cause damage to the public or private domain, the State Administration shall be empowered to require the applicant to submit all economic studies and guarantees. (a) to determine, in particular, for the prevention of those goods, the replacement of the goods concerned and the corresponding compensation.
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 that it be of unmissable fulfillment 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 him.
3. The competent authority shall keep the register of uses of the public-land-land public domain, in which it shall be registered, in such a way as to be determined, reserves, subscriptions and concessions, as well as the authorisations for polluting discharges, at least annually by reviewing compliance with 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.
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 conform to their conditions.
The companies supplying electric power, water, gas and telephony will require for the contracting of their respective services, the presentation of the administrative title required according to this Law for the realization of the works or installations on the beaches, land-land area or sea.
The previously unauthorised uses, in accordance with this Law, shall be sanctioned in accordance with the provisions of Title V, without prejudice to their legalization where possible and deemed appropriate, in which case the procedure and the criteria laid down in this Law for the granting of the corresponding title shall be followed.
In case of 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 immediately and without delay processing and 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. The provisions of the Compulsory Expropriation Act will be for the corresponding compensation.
Projects and works
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 any other specifications to be determined in regulation. After the construction of the works, 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-land domain, a prior assessment of its effects on the public domain shall be required in such a way as to be determined by regulation.
3. The project shall be subject to public information, except in the case of authorisations or activities related to national defence or for security reasons.
4. In the case of use by the Administration, an economic-financial study shall be accompanied, the content of which shall be defined as regulations, and the estimated budget of the works placed in the public maritime-terrestrial domain.
The works will be executed according to the construction project that will be approved in each case, which will complete the basic project.
1. The projects shall be formulated in accordance with the planning which, where appropriate, develop, and subject to the general, specific and technical rules approved by the competent authority on the basis of the type of work and its location.
2. They must 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. When the project contains the forecast of actions at sea or in the maritime-terrestrial zone, it must include a basic study of the coastal dynamics, referred to 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 in the sea and any other actions that involve the least aggression to the natural environment.
5. The sea walks will be located off the shore of the sea and will be preferably pedestrian.
6. Waste water treatment facilities will be located outside the sea bank and the first 20 metres of the protection servitude zone. The installation of collectors parallel to the coast within the shore of the sea will not be authorized. In the first 20 metres outside the sea bank the parallel collectors will be banned.
7. The projects shall contain the express declaration that they comply with the provisions of this Law and of the general and specific rules for their development and implementation.
1. The processing of the projects of the State Administration shall be established, subject, where appropriate, to public information and to the report of the Departments and Agencies to be determined. If, as a result of the arguments put forward in that procedure, substantial changes were made to the project, a new reporting period will be opened.
2. 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 specific and individual relationship of the goods and rights concerned, with the material description of the goods and rights concerned.
3. The need for occupation shall also relate to the goods and rights included in the project's review and to any changes in work which may subsequently be approved, with the same requirements as set out in the previous paragraph.
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.
Reservations and subscriptions
SECTION 1. RESERVATIONS
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. This law is prevented by Article 32 of this Law.
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 necessary for the fulfilment of the purposes referred to in the preceding paragraph.
3. The declaration of a reserve zone shall be made in accordance with the rules laid down in Article 34 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 expropriation of pre-existing rights which are incompatible with it.
1. The use or exploitation of the reserve areas may be carried out by any of the direct or indirect management procedures to be determined in accordance with the rules.
2. The reservation may in no case be covered by other uses or activities other than those which justified the declaration.
SECTION 2. SUBSCRIPTIONS
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 the concessions granted in respect of the goods in question shall not exceed 30 years.
2. For the purposes referred to in the preceding paragraph, 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 susceptible to the use of the measures necessary for the protection of the public domain, without which those requirements cannot be definitively adopted.
3. 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 acta signed by representatives of both administrations.
Maritime-land public domain property assigned to an Autonomous Community as provided for in the previous Article, which are not used for the purposes of the purposes to which they are assigned, or which are necessary for the economic activity or the general interest, according to Articles 131 and 149 of the Constitution, will revert to the State, after hearing of the Autonomous Community, by the procedure that is determined regulentarily, and will be given the the destination of each case.
SECTION 1. GENERAL PROVISIONS
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 point-in-time 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, being able to be lifted without demolition and being the set of its elements easily transportable.
1. Applications for authorisation may relate only to installations and activities provided for in the general and specific rules which are laid down in accordance with Article 34.
2. Applications may be submitted to public information as determined by regulation.
3. The 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 this Act establishes a different one.
1. Authorizations for the operation of seasonal services on the beaches, which require only removable installations, shall be granted to the Ayaldones who so request, in such a way as to be determined by regulation and subject to the conditions laid down in the relevant general and specific rules.
2. In no case shall the granting of these authorisations be subject to the principle of public use of the beaches.
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 corresponding title.
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 prejudice to 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 where the competent authority so determines, and Regulatory deadline. In any case, it will be obliged to restore altered physical reality.
SECTION 2. DISCHARGES
1. The provisions of this Section apply to discharges, both liquid and solid, whatever the good of the public maritime-terrestrial 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.
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 Article 34 shall also be subject to the provisions laid down in Article 34, where the applicant must first justify the impossibility or difficulty of applying an alternative solution for the disposal or treatment of such discharges. Substances or forms of energy which may result in a higher risk or harm than the permissible public health and natural environment shall not be allowed to be released in accordance with the rules in force.
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 the pollutant load, without any significant alteration of that medium.
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 of discharge and time limits if they proceed, 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 the grant of the discharge were altered or otherwise exceeded, 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 have been 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.
4. The extinction of the authorization of the discharge, whatever the cause, will imply the inherent concession of occupation of the marine-terrestrial public domain.
5. The competent authority may carry out as many analyses and inspections as it considers appropriate to verify the characteristics of the discharge and to verify, where appropriate, compliance with the conditions laid down in the discharge authorization.
6. User Boards may be constituted for the joint treatment and final discharge of liquid effluents.
In cases where the discharge may lead to the infiltration or storage of substances susceptible to contamination of groundwater or groundwater, the prior performance of a hydrogeological study that justifies their safety.
Without prejudice to other specific laws and to the requirements of the control and reduction of pollution by discharges of hydrocarbons to the sea, oil refineries, chemical factories In the case of oil and gas supplies, the Commission shall, in accordance with the conditions laid down in the Annex to this Annex, take account of the conditions laid down in the Annex to this Convention. facilities for the reception of hydrocarbon residues and how many other means to prevent and combating spills lay down the existing provisions on pollution of the waters of the sea. Also, platforms and installations dedicated to the exploration of hydrocarbons at sea, their exploitation or storage must have the means to prevent and combat any spills that may occur.
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.
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 In the case of maritime-terrestrial public domain, either in its normal operation or in the case of foreseeable exceptional situations.
SECTION 3. 3RD ARID AND DREDGED EXTRACTIONS
1. In order to grant authorizations for the extraction of aggregates and dredging, it will be necessary to evaluate its effects on the marine-terrestrial public domain, referred to both the place of extraction or dredging and the discharge in its case. The stability of the beach will be safeguarded, preferably considering its needs for the contribution of aggregates.
2. The extraction of aggregates for construction will be prohibited, except for the creation and regeneration of beaches.
3. 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.
4. 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.
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.
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 pursuant to its powers in the the subject of ports, discharges or other specific ones.
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. The maximum periods for the duration of the concessions shall be laid down in accordance with the uses for which they are intended. In no case shall these periods exceed 30 years.
3. Where the object of an extinguished concession is an activity covered by another concession for the exploitation of mineral or energy resources granted by the State Administration for a higher period, the holder shall be entitled to be granted a new concession for the occupation of the maritime-terrestrial public domain for a period equal to that of the term of validity of the concession of exploitation, without in any event being able to exceed thirty years.
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 clauses which were accepted by him, the Administration shall be entitled to declare the title to be extinguished, except where those provisions are illegal.
The granting of the concession may involve, as determined by regulation, 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.
The expropriated assets and rights will be incorporated into the maritime-terrestrial public domain since their 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.
1. The concessions will be entered in the Land Registry. The concession shall be extinguished, the registration shall be cancelled ex officio or at the request of the Administration or of the person concerned.
2. 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 marine crops, 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 laid down in the concession has occurred.
3. The lodging 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 it is constituted. right.
1. Concessions granted for a plurality of uses, with separable installations, shall be in their case divisible, with the agreement of the granting authority and under the conditions laid down therein.
2. 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.
3. The declaration of public utility, for the purpose of the rescue of the concession, even with a declaration of urgency, shall be the responsibility of the granting ministerial department.
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 a decision shall be taken on its own initiative or at the request of the latter, from the moment before the expiry of the period which is determined in the event of normal extinction by the time limit, and in the other cases of extinction at the time of the resolution of the relevant file.
2. From the moment indicated in the preceding number, the holder of the concession shall constitute the deposit sufficient to respond to the expenses of the lifting of the works or installations and removal outside the maritime-terrestrial public domain and their area of protection, or repair, in accordance with the decision taken and the enforceable assessment identified by the Administration and as a result of the liquidation proceeding.
3. In the event that the maintenance is chosen, on the date of extinction of the concession they will revert to the State Administration free of charge and free of charge all the works and facilities. The Administration may continue the operation or use of the facilities as determined by regulation.
Common rules for authorizations and concessions
The competent authority shall approve the general terms and conditions for granting concessions and authorizations.
1. Applications accompanied by the basic or construction project, as provided for in Article 42, and the proof of the establishment of the securities to which they correspond, shall be processed in the manner to be determined. regulations, with the phases of public information, of the report of the agencies to be consulted, and of preliminary confrontation of the project.
2. Regulations will regulate the granting to foreigners, for which special or additional requirements may be established conditional on the proof of reciprocity in their countries of origin for the Spanish nationals.
The nationals of the Member States of the European Economic Community are exempted from the restrictions which, for reasons of public order, public safety and public health, are to be established.
3. 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 they will be preferred the most public utility. Only in case of identity among several requests will the priority be taken into account in the presentation.
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 determine regulentarily.
3. The contest may be declared deserted if none of the tenders submitted meets the appropriate conditions.
In any grant title, which shall be of a public nature, the relevant conditions shall be set 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 in its case the rates to be paid 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 Article 79.
l) Technical descriptions for the project, if any.
Authorizations and concessions can be modified:
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 suitability for the relevant plans or rules.
In the third case only, the injured dealer shall be entitled to compensation in accordance with the provisions of Article 89 or in the general legislation of compulsory expropriation.
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 as long as 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.
2. If the right to occupation of the public domain is extinguished, the Administration will not assume any kind of employment obligation of the owner of the affected activity.
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 any 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 Article 63 (3) 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 referred to in Article 75.
2. In the other cases of non-compliance or in the event of a serious infringement under this Law, the Administration may declare the expiration, after hearing the holder and other regulatory formalities.
1. The administration may immediately halt the works, or suspend the use and operation of the facilities, after hearing in the latter case of the affected holder and once the company has rejected the file. allegations.
2. The declaration of revocation shall result in the loss of the security if any.
3. In order to suspend the application of the expiry date, the person concerned shall be obliged to the deposit prior to the amount to be fixed in each case in accordance with the criteria laid down in the rules.
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 (a) a penalty for a serious infringement, and the maximum statutory time limits are not exceeded.
2. 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 telephony the suspension of the supply.
Economic-financial regime of the use of maritime-terrestrial public domain
Financing of works and other actions
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 particular.
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.
Fees and fees
1. Any occupation or use of the public maritime-terrestrial public domain under a concession or authorization, whatever the granting authority, shall accrue the corresponding fee in favor of the State Administration, without the damage to which they are required by that person.
2. They are obliged to pay the fee, in the amount and conditions laid down in this Law, the holders of the concessions and authorizations mentioned above.
3. The taxable amount shall be the value of the asset or used, which shall be determined as follows:
(a) By occupation of land-land public domain goods, the valuation of the occupied property shall be determined by equating to the value assigned for tax purposes to the land adjacent to its servitude zones, increased in the performance of the use of the said domain. In the case of works and installations the material value of the same. In the case of works and installations in the territorial sea for the research or exploitation of mining and energy resources, a fee of a peseta per square metre of occupied land shall be paid.
b) For the use of land-land public domain goods, the value of the good will be that of the materials used at average market prices.
4. The rate of charge shall be 8 per 100, on the value of the base, except in the case of use, which shall be 100 per 100.
5. The fee may be reduced by up to 90 per 100 in the case of occupations intended for free public use.
6. The Autonomous Communities and the Local Corporations shall be exempt from the payment of an occupation fee in the concessions or authorizations granted to them, provided that they are not the subject of a profit, directly or by third parties.
7. The obligation to satisfy the charge of occupation is born, for the holders of the concessions or authorizations, at the time of granting of the same and of the approval of each one of the reviews carried out. In the case of use, when the same occurs.
The fee shall be payable in the amount corresponding to it and shall be paid in one time or on a regular basis in the form set out in the conditions of the concession or authorization.
1. Polluting discharges authorised in accordance with this Law shall be taxed with a charge, depending on the pollutant load.
2. The amount of this levy shall be the result of multiplying the pollutant load of the discharge, expressed in pollution units, by the value assigned to the unit.
A conventional measurement pattern is understood per unit of contamination, which will be determined by regulation, referring to the pollutant load produced by the type of domestic water, corresponding to 1,000 inhabitants, and to the period of one year. In addition, the equivalence scales for discharges of waste water of another nature will be laid down by regulation.
The value of the pollution unit, which may vary for the different stretches of coast, will be determined and reviewed in accordance with the provisions of the standards on the quality of the waters of the sea.
3. The licence fee shall be collected by the administration of the discharge authority and shall be used for the purpose of cleaning up and improving the quality of the waters of the sea.
Fees will be paid to be charged by the Administration as consideration for the following activities performed by the Administration:
a) Review of the project in the processing of authorization and grant requests.
b) Repose and its verification in the works that are carried out on the maritime-terrestrial public domain and its servitude zones, and its inspection and final recognition.
c) Contribution of studies or technical documentation, at the request of interested parties.
d) Practice of dislinds, delimitations and other technical and administrative actions, at the request of the petitioners.
e) Document copies.
1. Applicants for the benefits listed in the previous Article are required to pay the fee.
2. The taxable amount shall consist of the costs directly attributable to the provision of the service.
3. The rate of charge shall be 100 per 100 on the value of the base.
4. The obligation to satisfy the fees is born for the applicants at the time of admission by the Administration of the service.
5. The fee shall be payable, as appropriate, within the period to be fixed from the date of notification of the liquidation.
1. The petitioners of concessions and authorizations in the maritime-terrestrial public domain governed by this Law 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 that is determined to be regulated.
2. 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 shall not exceed 5 per 100 of the said budget.
3. If the interested party desist from the petition or will give up the title, he will forfeit the deposit.
4. 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 the latter.
5. 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 at maturity, except in the case of waiver and revocation, deduction of the amounts which, where appropriate, are to be made effective in terms of penalties and liabilities incurred by the concessionaire.
6. The right to refund shall be prescribed if it has not been applied for within five years from the date on which it is brought.
The valuation of the concessions, in case of full or partial rescue, will be in line 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.
Violations and penalties
The following shall be considered to be infringements in accordance with this Law:
(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 adopted under this Law.
(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 this Law and the omission of actions that are binding on it.
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 this Law.
h) The realization, without the administrative title required under this Law, of any kind of works or facilities in the areas of servitude defined in this Law, provided that the express requirement of the Administration for the cessation of abusive conduct or that, 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 referred to in Article 90 which are not included in the list referred to in paragraph 1 shall be minor.
The limitation period for the infringements will be four years for the serious and one year for the minor, from their total consumption. However, the return of things and their replacement shall be required in their previous state, whatever the time has elapsed.
The following natural or legal persons will be responsible for the violation:
(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 this Law and for which the exercise causes serious damage to the public domain or to third parties, they shall also be responsible:
1. 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 a fine of the amount corresponding to each case by application of the criteria of this Law.
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.
SECTION 1. GENERAL PROVISIONS
1. Any action or omission constituting an infringement shall be punishable by the fine provided for in Articles 97 and 98.
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 this Law may be punished for the offences established therein, irrespective 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 an administrative penalty.
4. In the event of a recurrence of serious infringements, the disablement may be declared to be the holder of authorisations and concessions for a period of one to three years.
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 the case is set out in the relevant decision.
2. 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 Article 79.
3. The procedures for suspending the effects and annulment of the administrative acts in which the unlawful action may be sought shall also be initiated.
The sanctions imposed for serious violations, once firm, will be made public in the form that is determined to be regulated.
SECTION 2. FINES
1. For serious infringements, the penalty will be:
(a) In the case of paragraphs (a), (d), (f), (g) and (i) of Article 91.2, a fine of up to 50 million pesetas.
(b) In the cases referred to in paragraphs (b), (e) and (h) of that Article, a fine of 50 per 100 of the value of works and installations where they are in the public domain or in the transit service area, and 25 per 100 in the rest of the 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 to be applied in accordance with the above paragraphs, depending on the nature of the infringement.
2. For minor infringements, the penalty shall be fine, in the amount to be determined in accordance with the criteria of the previous paragraph, in such a way that the penalty is not more than half the rate of the infringement. (a) the criteria for the application of this Regulation;
3. The amount of the fine may be reduced by up to half, the amount of the fine shall be deemed to be reduced, the situation created by the commission of the infringement shall be corrected within the period specified in the relevant order.
The failure by the undertakings providing services to comply with the obligations laid down in Articles 39 and 103 will result in a fine being imposed on them by the competent authorities of the the amount of the undertaking, without prejudice to other penalties resulting from it.
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 Insular Delegate, Civil Governor or Government Delegate in the Autonomous Community, if any, up to 5,000,000.
c) General Manager, up to 25,000,000.
d) Minister, up to 100,000,000.
e) Council of Ministers, over 100,000,000.
2. These limits may be updated by Royal Decree approved by the Council of Ministers.
3. The Autonomous Communities may impose fines of up to 200,000,000 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 this law, will be able to impose fines of up to 1,000,000 pesetas.
SECTION 3 RESTITUTION AND REPLACEMENT AND COMPENSATION
1. Where the refund and replacement referred to in Article 95.1 are not possible and, in any event, where irreparable damage remains, the persons responsible for the infringement shall pay the compensation provided for, fixed executed 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 exceeds the allowance, the amount of the allowance shall be taken for at least the amount of the allowance.
Procedure and means of execution
SECTION 1. PROCEDURE
1. The officials and the authorities concerned shall be obliged to make the complaints, to deal with the complaints and to resolve the complaints of their competence, imposing the penalties.
2. For the purposes indicated, officials and other servants of the Administration shall be entitled to access the grounds of private property in which the relevant checks and actions have been carried out.
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 notify the statement of objections to the person to make the allegations which it considers appropriate, following the resolution.
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 undertakings referred to in Article 39 shall suspend the supply at the request of the Administration.
1. For the effectiveness of the cessation, prohibition or suspension provided for in the preceding Article, as well as for the ex officio recovery of the public domain referred to in Article 10 (2), the competent authority shall, where necessary, 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 transport and custody costs.
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 person.
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 57.4 of the Staff Regulations. Workers.
SECTION 2. ENFORCED EXECUTION
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, the person concerned shall be obliged to ensure that the suspension is effective.
3. Sanctioning bodies may impose periodic penalty payments when the time limits laid down in the relevant order are passed, and as provided for in the Administrative Procedure Act. The amount of each of them shall not exceed 20 per 100 of the fine fixed for the offence committed.
4. Subsidiary execution may also be carried out on behalf of the infringer and its coast.
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 period of eight days for the submission of claims, and in the event of active or passive resistance to that requirement. The expenses that will be caused will be accounted for by the evicted.
SECTION 3 PUBLIC ACTION
1. It will be public the action to require before the administrative organs and the Courts the observance of what is established in this Law and in the provisions that are dictated for its development and application.
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.
Competencies of the State Administration
It is for the State Administration, in the terms set out in this Law:
(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 this Law.
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 (i) The procedure for access to information, which will be available to the person requesting it, shall be determined.
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 urban planning.
(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 due in accordance with urban legislation.
It is also for the State Administration to issue a report, which is mandatory and binding, in the following cases:
a) Plans and rules for spatial or urban planning and their modification or revision, in terms of compliance with the provisions of this Law and the rules that are dictated for their development and implementation.
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.
d) Declarations of areas of interest for marine crops, concessions and authorizations, in accordance with specific legislation.
The powers conferred upon the State Administration by this Law shall be exercised through the administrative structure that is determined to be determined.
Competencies of the Autonomous Communities
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 this Law, have been attributed by virtue of their respective Statutes.
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.
Public administrations whose competences have an impact on the space field covered by this Law will adjust their mutual relations to the duties of mutual information, collaboration, coordination and respect for those.
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, the content of the plan or rules is substantially modified, it shall again be subject to public information and hearing of the bodies which have been required to be drawn up.
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.
In order to ensure the coherence of the actions of the Public Administrations in the Litoral Zone, it is attributed to the State Administration to coordinate the activity of the Local Administration involved, in the terms of the Article 59 of the Law on Local Regime Bases.
Impeachment of acts and agreements
The acts and agreements that infringe this Law or the rules approved under it are declared to be contrary to the general interest, and may be directly challenged by the State Administration, regional or local, before the bodies of the judicial-administrative court, with an express request for suspension. The Court shall rule on that suspension in the first procedure following its request.
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 This Law 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 from the date mentioned. The concession shall be granted for 30 years, which may be extended for a further 30 years, in accordance with the existing uses and uses, without obligation to pay royalties, and shall be entered in the Register referred to in Article 37.3.
2. The land of the land-land area or beach that could not have been occupied by the Administration when practicing an inlinde prior to the entry into force of this Law, for being protected by the titles referred to in article 6.3 of the Law of the costs of 26 April 1969 shall be subject to the arrangements laid down in this Law for the use of the public domain, although the registered holders may, within one year, apply for the entry into force of this Law, the legalisation of existing uses, by means of the relevant concession, in the terms of the provision Transitional period. They shall also, for a period of 10 years, be given preference to obtain the rights of occupation or use which, where appropriate, may be granted on such grounds. All this without prejudice to the civil actions that those who can exercise in defense of their rights.
3. In the tranches of coast in which the public land-maritime domain is not dislocated or partially disallowed from the entry into force of this Law, the corresponding deslinde shall be carried out, the approval of which shall take the intended effects. in Article 13 for all land that is included in the public domain, even if they have been occupied by works.
4. In the tranches of coast in which the deslinde of the maritime-terrestrial public domain is completed at the entry into force of this Law, but a new one must be practiced in order to adapt it to the characteristics established in that for the different goods, the land which is between the old and the new delimitation shall be subject to the procedure laid down in the first paragraph of this provision, with the time limit of one year for the application for the grant to which it refers from the approval date of the corresponding unlinde.
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 This Law, and those of the State Heritage in which the circumstances provided for in Article 17 of the Law are met, shall be affected to the maritime-terrestrial public domain, in accordance with the provisions of that Article, once the the update of the inlinde, while not being able to be alienated or affected to others purposes of use or public service.
2. The land earned or to be earned in property to the sea and the desiccados on its bank, under the concession clause established prior to the promulgation of this Law, will be maintained in such legal situation, although its beaches and zone Land-maritim-land will continue to be in 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.
3. The islands of particular property prior to the entry into force of this Law will retain this condition, although their beaches and land-land zone will remain in the public domain in any case.
1. The provisions of Title II on areas of protection and influence servitude shall apply to land which, at the entry into force of this Law, is classified as unscheduled land and land which is not urbanizable. Subsequent revisions of the management which provide for the future development of such land and its consequent change of classification shall comply with the provisions of this Regulation in full.
2. In the fields which, at the entry into force of this Law, are classified as land-planning soil programmed or suitable for urbanization will maintain the urban development that they have attributed, applying the following rules:
(a) If they do not have a partial plan approved definitively, this Plan must fully respect and in the terms of the previous paragraph the provisions of this Law, provided that no compensation is given according to the urban legislation.
(b) If the partial plan is definitively approved, the determinations of the respective Plan will be implemented, subject to the provisions of the next section for urban land. However, the partial plans definitively approved after 1 January 1988 and before the entry into force of this Law, which are contrary to the provisions laid down therein, must be revised 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.
3. Land classified as urban land at the entry into force of this Law shall be subject to the easements laid down therein, with the exception that the width of the protection easement shall be 20 metres. 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. In addition, new uses and constructions may be authorised in accordance with the existing plans, provided that the effectiveness of the easement is ensured and the maritime-terrestrial public domain is not harmed, as established Regulation. The indication of lineups and scrapings, the adaptation or readjustment of existing ones, the management of volumes and the development of the road network will be carried out by means of Detail Studies and other appropriate urban instruments, which they must respect the provisions of this Law and the determinations of the rules which are adopted in accordance with this Law.
4. Without prejudice to the above paragraphs, the territorial and urban planning of the coastline existing at the entry into force of this Law shall be consistent with the general and specific rules to be adopted in accordance with the provisions of this Law. in Articles 22 and 34.
5. Currently existing sea-pass easements will be maintained in the terms they were imposed.
6. Currently existing public access to the sea and those built under urban planning approved prior to the entry into force of this Law will remain for public use, opening to it when they are.
1. Works and installations constructed prior to the entry into force of this Law, without the authorization or concession required under the legislation of the coasts then in force, will be demolished when their legalization does not proceed. reasons of public interest.
2. In the works and installations legalised as provided for in the previous paragraph, as well as in those constructed or which may be built under the municipal licence and, where applicable, the authorisation of the State Administration granted prior to the entry into force of this Law, which are contrary to the provisions of this Law, the following rules 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, volume increase, modernization or increase in the value of expropriation will be allowed, but if the small repairs required by the hygiene, ornato 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 rest of the protection servitude zone and in the terms in which the same applies to the different soil classes as laid down in the third transitional provision, they may be carried out after authorization the State Administration, works of repair and improvement, provided that they do not involve an increase in the volume of the existing constructions and without the increase of value that those behave can be taken into account for expropriatory effects. In the event of total or partial demolition, the new constructions must be fully in line with the provisions of this Law.
1. Within two years and in advance of the registration, where appropriate, in the Register referred to in Article 37 (3), the Autonomous Communities shall adopt the relevant administrative decisions in order to bring them into line with the provisions laid down in Article 37 (3). in Article 57 (2), the authorisations or concessions for direct discharges of pollutants into the sea from land, in such a way as to complete the adaptation process 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 promulgation of this Law. 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 this Law. The compensation shall be determined, where appropriate, by application of the provisions of the concession clauses or, failing that, in the legislation under which it was granted.
1. Under no circumstances may it be granted an extension of the period of grant existing to the entry into force of this Law under conditions which are contrary to the provisions of the law or the provisions implementing it.
2. If the concessions granted prior to this Law are extinguished and are not contrary to the provisions of this Law, the competent administration shall decide on the maintenance or lifting of the facilities. In the case of a maintenance option, the provisions of Article 72 (3) shall apply.
3. 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, must request from the State Administration, within the a 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 shall be awarded for a maximum period of 10 years.
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 this Law, the State Administration shall require the authorization referred to in Article 26, to which effect shall provisionally define and make public accompanied by the corresponding plan the likely line of deslinde and the extension of the zone of servitude within the maximum period of one month, from the date of application of the authorization or of the requirement for this to be requested. However, in the event of a discrepancy, the granting of the authorisation shall be conditional on the prior or simultaneous approval of the disconnection, which shall be processed on a preferential basis.
2. In cases where the occupation of land of public domain is not yet to be established as provided for in this Law, the petitioner shall request the deslinde, at its cost, simultaneously with the application for grant or authorization, Both deslinde and concession files may be processed at the same time. In the case of a grant application, the grant may not be granted 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 approval of the Public Administrations.
3. Article 44.5 shall not apply to areas classified as urban to the enactment of this Law, in duly justified cases.
The actions or omissions committed prior to this Law that constitute an infringement according to the previous legislation, will be corrected by applying the sanction that is most benevolent between the two legislations.
1. As long as the relevant regulatory provisions of this Law are not enacted, applications for authorisations and concessions shall be processed in accordance with the Coasts Regulation of 23 May 1980. However, provisions contrary to the provisions of this Law may not be included.
2. Likewise, until the provisions of Article 113 are fulfilled, the powers conferred on the State Administration by this Law will continue to be exercised in the form and by the Departments or Agencies that are currently entrusted to them.
The distances contained in this Law are considered to be applied in horizontal projection. The outer and inner terms are considered to be referred to the sea and to the land respectively.
The tariff regime of the inscriptions that are practiced in the Registers of the Property of the public domain goods referred to in this Law will be determined by Royal Decree, taking into account the cost of the service Register.
1. For the purposes of expropriation, the public utility shall be declared to be of public use, the grounds of particular property referred to in the second transitional provision, as well as those in the area of protection which are deemed necessary for the defence. and the use of maritime-terrestrial public domain.
2. The justiceof the expropriations carried out under the provisions of the above paragraph shall be determined exclusively by application of the assessment criteria laid down in the legislation.
3. The State Administration shall have the right to withdraw and retract any of the goods referred to in paragraph 1 on the basis of a written notification. The right of entry may be exercised within a period of three months and the right of retraction within one year, both to be counted from the relevant notification, which shall include the essential conditions of the transmission.
Authorisations for works and other activities in the private domain must be exercised within the period prescribed 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.
1. In the event that a concession or authorisation of a domain and another service or operation is necessary for the same event, the grant of the first or its conformity shall have a prior and independent character from that of the second.
2. The authorizations and concessions obtained under this Law do not exempt their holders from obtaining the licenses, permits and other authorizations that may be required by other legal provisions. However, when they are obtained prior to the administrative title required under this Law, their effectiveness will be delayed to the grant of the same, the clauses of which will prevail in any case.
The limitations in the use of soil, provided for in this Law, will be applied without prejudice to the powers that the Autonomous Communities and Councils can exercise in the area of land and coastal planning and urbanism.
The provisions contained in this Law shall apply without prejudice to the provisions of the International Conventions of which Spain is a party.
The provisions of Title V of this Law will apply to discharges from ships and aircraft in the absence of specific legislation.
1. The following provisions are hereby repealed, without prejudice to the provisions of the first provision:
Chapters VIII and IX of the General Law of Public Works, of 13 April 1977, as far as the maritime public domain is concerned.
Maritime Walks Laws, July 24, 1918, and December 28, 1957.
Articles 1, paragraph 1, 2, 3, 7, 8, 9, 10, 11, 12, 14, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 48, 49, 50, 51, 52, 54, 55, 56 and 57 of the Decree-Law of Ports, of 19 January 1928 and their concordants of the Law of Ports of May 7, 1880, referring to the scope of this Law.
Articles 17.1, c), d), 17.2, 19 and 21.1, e) of the Law of National Tourist Interest Centers and Zones of December 28, 1963, as far as maritime-terrestrial public domain is concerned.
Costs Act, of April 26, 1969.
Article 18 of the Sports Ports Act, of April 26, 1969.
Law on the Protection of the Coast of Spain, dated March 10, 1980.
2. The other provisions of a general nature which are contrary to the provisions of this Law shall also be repealed.
3. The Government, within six months, by means of Royal Decree, will complete the table of vigencies of the provisions affected by this Law.
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, security of the human life in the sea, extractions of remains, protection of the Spanish archaeological heritage, research and exploitation of resources or other not regulated in this Law, shall be exercised in the form and by the Departments or Organisms that have them entrusted to the entry into force of the Agreement, without prejudice to the provisions of the specific legislation or international conventions which, where applicable, are applicable.
Until the regulatory determination of the administrative structure affected by this Law, the powers relating to the granting of authorizations in the area of protection servitude, the limitations to the property on the arid, to the approval of regulatory norms of the protection and use of the shore of the sea and its areas of servitude, to the works of defense and regeneration of beaches, including the necessary dredging works, and to the Report of the territorial and urban planning plans for the coast to which the Article 112 (a) shall be exercised by the Ministry of Public Works and Urbanism.
1. Within one year of the entry into force of this Law, the Government, on a proposal from the Minister of Public Works and Urbanism, shall adopt the General Regulation for its development and implementation.
2. The Government will also dictate, on a proposal from the Ministers in each case, the other provisions necessary to comply with the provisions of this Law.
This Law will enter into force on the day of its publication in the "Official State Gazette".
I command all Spaniards, individuals and authorities to keep and keep this Law.
Palma de Mallorca at 28 July 1988.
JOHN CARLOS R.
The President of the Government,
FELIPE GONZÁLEZ MARQUEZ