Order Fom/2162/2015, Of 6 October, Which Approves The Substantial Modification Of The Delimitation Of Spaces And Uses Port Of The Port Of Bilbao.

Original Language Title: Orden FOM/2162/2015, de 6 de octubre, por la que se aprueba la modificación sustancial de la delimitación de espacios y usos portuarios del Puerto de Bilbao.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11193

The service area of the port of Bilbao was established by order FOM/2492/2006, of July 20, which approved the Plan of utilization of port spaces of the port of Bilbao.

Later, on January 23, 2009 were approved two non-substantial changes the Plan of use, the first, (BOE No. 26, January 30, 2010) and the second, on November 2, 2011 (BOE No. 298, December 12, 2011), which exclusively affecting the allocation of uses established in the same.

After the time has elapsed since the adoption of the current Plan of use, is considered necessary to modify the current document in various aspects, which include: the correction of graphic inaccuracies detected in the document of the Plan of use, the addition to the area of land service of land whose owner is the port authority of Bilbao, as well as the addition to the terrestrial area of works already executed , maritime change in consideration of the strips land as water area, or make minor modifications in the proposed allocation of uses, aimed for the most part the allocation of use linked to the interaction between spaces which currently are already used as public tours.

With regard to the first aspect that motivates this modification is necessary to point out that the Plan of utilization of port spaces maintained the service area of the port of Bilbao until that time except in those spaces whose deallocation was explicitly proposed. The service area was fruit of a large number of precinct records, expropriations by the execution of works or specific assignments. Revised again by the port authority found the existence of errors in the graphic representation of the resulting service area, what item is correct.

In addition, noted the existence of intertidal fringes which are situated outside the port service zone, in areas where the waters do belong to the same. In order to achieve a unitary management of the whole of the waters is proposed consideration of the intertidal area of water spaces, so that they are integrated within the service area. This criterion also affect the intertidal areas that if part of the service area.

On the other hand, port works carried out in recent years are incorporated into the area of ground service and proposed some specific modifications in the assignment of applications. In this way, among others, is assigned the use linked to the interaction between a series of open to citizen spaces that are already currently rides.

Indicated aspects imply a modification of the Plan of utilization of port spaces of the port of Bilbao, approved by order FOM/2492/2006, of July 20, and its subsequent amendments, and must process in accordance with the provisions of articles 69 and 70 and sixth transitional provision of the text revised from the law of Puertos del Estado and the merchant marine approved by Royal Legislative Decree 2/2011, 5 September.

The aforementioned sixth transitional provision states that when the first modification of an approved Plan of use prior to the entry into force of law 33/2010 of 5 August, this must be adapted to the provisions of articles 69 and 70 of the mentioned text consolidated from the law of Puertos del Estado and the merchant marine approved by Royal Legislative Decree 2/2011, 5 September, so it passes to be considered as a whole a delimitation of spaces and port applications.

This is why that, besides the referred changes, the transacted document includes the adaptation of the old Plan of use, and its subsequent amendments, provisions in the legislation currently in force.

The present modification of the delimitation of spaces and uses port of the port of Bilbao affects, among others, to the uses linked to port-city interaction, so that, under article 70 of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September, has the character of substantial change.

The referred article establishes that those modifications which are substantial in nature, must undergo the procedure provided in article 69 of the mentioned text consolidated from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, from 5 September for the drafting of a new delimitation.

Accordingly, the Board of Directors of the port authority of Bilbao approved, at its session held on 4 December 2012, the start of the processing of the substantial modification of the delimitation of spaces and uses port of the port of Bilbao.

The mandatory reports were requested and the document was subjected to the procedure for public information for the period of forty-five days. Dated 16 July 2014, the General direction of the coast and sea sustainability reported favourably the proposal.

Finally, Puertos del Estado reported favorably the substantial modification of the delimitation of spaces and uses port, in responding to the current needs of the port of Bilbao and observe that the requirements set out in articles 69 and 70 of the text revised from the law of Puertos del Estado and the Marina Mercante text, approved by Royal Legislative Decree 2/2011 met , 5 September.

In his virtue, a proposal from the port authority of Bilbao, and the President of Puertos del Estado, with the agreement of the Secretary of State for infrastructure, transport and housing, fulfilled the formalities required by the legislation in force, I have: first. Adoption of the modification of the delimitation of spaces and port applications.

Approves the substantial modification of the delimitation of spaces and uses port of the port of Bilbao, written agreement with the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September. Document modification shall be deposited a copy duly stamped in the Ministry of development, another in State ports and a third at the port authority of Bilbao.

Second. Adaptation of the determinations of the old Plan of use to the legislation in force.

This modification of the Plan of utilization, which renamed delimitation of spaces and uses port, adapted the name of applications allocated in the whole of the service area of the port in use Plan approved by order FOM/2492/2006, of July 20.

Such adaptation requires to change the designation of some of the uses assigned in the current document. Thus, not port applications become to be called applications linked to the port-city interaction, as is collected the text revised from the law of Puertos del Estado and merchant, approved by Royal Legislative Decree 2/2011, 5 September and the spaces that they currently have the consideration of areas of port condition, pass to be considered scalloping for unified management. Finally, spaces with a use of infrastructure are integrated within the global use commercial port.

Also, join the document the agreements signed and the spaces and occupation titles granted to other public authorities to exercise their powers within the service area of the port of Bilbao.

Third party. Changes in the delimitation of the area of ground service and the assignment of applications.

Punta Galea: Is included within the service area of the harbour the road called Punta Galea road in the section between the junction of the calle Marqués de Zuya with Lighthouse road and own plot of the beacon, assigning the use of maritime signalling.

Joins within the port area of service the rugged Strip which is located the ancient land access used in the construction of the breakwater of Punta Galea. This strip of land is considered reserve port area.

Corrected the graphic representation of the delimitation of the plot of the headlamp adjusting it to your actual outline, so that it includes the vial inside access to the building of the lighthouse.

Arrigunaga Beach: corrected the graphic representation of the boundary of the service area of the port in the area of the beach of Arrigunaga, incorporating the whole of the terrestrial public separated by the demarcation of the land maritime zones and public domain in the stretch of coast of Getxo approved by Ministerial order of November 3, 1972. He is assigned to the new built-in surface using pool for unit management.

Puerto Viejo in Algorta: Corrected the graphic representation of the delimitation of the area of the port in this area service, adapting it to that provided for by the boundary in that area, approved by Ministerial order of 17 February 1962. Thus, the delimitation of port spaces will match limit the Defense wall and the water area, to the exclusion of her across the Esplanade, as well as the Strip to parking.
Carretera Bilbao - Las Arenas: Corrected the graphic representation of the delimitation of the port zone of service in this area, making it coincide with the demarcation of terrestrial public approved by Ministerial order of November 3, 1972.

Berthing on the banks of Erandio ironed: use additional port is assigned to the ironed located in the municipality of Erandio, on the border with the municipality of Leioa, with an area of eighty six hundred square meters, which currently lacks a particular use.

Amending the use currently assigned to the ironed located in the municipality of Erandio, described below: pitched at the height of number 24 of the street José Luis Goyoaga, with seven hundred ninety square meters; two ironed located opposite Rontegi bridge, on the right bank of the estuary. Use complementary port assigned.

Erandio dock: modifies the current use complementary Industrial port and assigns it a use linked to the port-city interaction, the area situated between the shipyards of Erandio and ironing for boatmen service located at the height of number 24 of the street José Luis Goyoaga.

Tip of Zorrotza: corrected the graphic representation of the delimitation of the area of ground service in the environment of the plot owned by Inmobiliaria Abanto 2000, S.L., (formerly owned by workshops Zorrotza), adapting it to the limit set by the 'boundary and boundary marking of the terrestrial area, on the right bank of the river Cadagua, near the mouth of the estuary of Bilbao affected by the works of modification of their workshops requested by Talleres Zorrotza, S.A., approved by Ministerial order of November 29, 1968, and the limit of the former grounds of CAMPSA ascribed in favor of the autonomous port of Bilbao by agreement of the Council of Ministers of February 20, 1985.

Right margin of the Kadagua: corrected the delimitation of the area of ground service in the surroundings of the slaughterhouse in Bilbao, securing it to the limit established by the plot occupied by such install.

Left bank of the Kadagua: corrected the graphic representation of the delimitation of the area of ground service, adjusting it to the various resolutions approving boundaries of the terrestrial public carried out in the area, granting concessions and approval of projects for the occupation of the port demanio that relate: Ministerial order of November 3, 1928, Ministerial order dated December 23, 1947 Ministerial order of date of July 21, 1950, Ministerial order of 24 August 1961, Ministerial order of 7 May 1974, ministerial orders on October 6, 1908 and August 7, 1909, and the Ministerial order dated December 15, 1906.

The delimitation of the zone of service in this area, excluding the port public domain located upstream from the southern abutment of the new bridge over the river Galindo, whose deallocation is described in the fifth point of this Ministerial order is changed.

Concession to Vicinay chains, S. A.: corrected the graphic representation of the delimitation of the area of land in the area of the concession granted to the company Vicinay Cadenas S.A., securing it to the maritime public domain land actually occupied by the concession granted to Altos Hornos de Vizcaya by Ministerial order of 3 August 1949, transferred to the company Vicinay chains , S.A. by agreement of the Council of administration of the port authority of Bilbao, on December 19, 2003. This adjustment is an increase of the port service area registered in that area. He is assigned to these land use complementary port.

Locks and ramps of La Naval: corrected the graphic representation of the delimitation of the area of ground service of the port of Bilbao in the surroundings of the old locks and ramps of the Spanish society for Naval construction, in the town of Sestao, in two respects: firstly, in the space occupied by the dry dock currently operated by Northern naval constructions , S.L., adjusts the limit of the area of ground service to the maritime public domain land occupied by the project authorized by Ministerial order of 9 December 1958, understanding as the boundary between the land area and the area of water, the dam gate; Secondly, conforms the boundary of the area of ground service in the area occupied by the varadero ramp next to the former dam, to the maritime public domain land occupied by the project authorized by Ministerial order of 20 January 1942.

Modifies the use assigned to the port grounds located in the basin of the Benedicta, and use of interaction port assigned.

Railway infrastructure in Santurtzi: corrected the graphic representation of the delimitation of the area of ground service in the town of Santurtzi, incorporating a plot corresponding to the reserve of railway public domain constituted by agreement of the Council of Ministers of 31 July 1998 within the service area of the port of Bilbao. The plot has an approximate length of 139 m, extending to the passage at the existing level. He is assigned to this plot use complementary port.

Integrates into the graphic representation of the port service area, the port infrastructure that runs in a tunnel under the former facilities of Compañía Logística de Hidrocarburos, S.L., in Santurtzi, for being part of project works of access by rail to port outside in the port of Bilbao, signed on March 30, 1968. Maps to the area occupied by the railway infrastructure in the port of Bilbao, the complementary port use, without solution of continuity.

Access road to Punta Lucero: corrected the graphic representation of the delimitation of the area of ground service in the area of access to the port at Punta Lucero, adjusting to the UTM coordinates referred to in the Ministerial order dated 28 April 2003, why is desafectaron grounds of the service area of the port of Bilbao. Stays the consideration of port reservation established for the whole of the area.

Punta Sollana: Joins the area of ground service of the port of Bilbao lands generated by the new extension of the Punta Sollana dock works. A complementary port use is assigned.

Axpe dock expansion: joins the area of ground service of the port of Bilbao lands generated by extension of Axpe dock work, whether executed. A complementary port use is assigned.

Dock AZ-1: amending the use assigned to space-commercial port significantly triangle defined by railway lines and the road parallel to the shoulder of the dyke of Zierbena, located between the use additional port zone and use commercial port, at the bottom of the dock AZ-1, with a surface area of approximately four thousand four hundred forty square meters assigning a complementary port use.

Park next to the pier of Churruca, Las Arenas: the delimitation of the area of ground service of the port of Bilbao in the space for public park located next to the pier of Churruca, Las Arenas, securing it to the boundary established by the demarcation of the land maritime zones and public domain in the stretch of coast of Getxo is corrected approved by Ministerial order of November 3, 1972. He is assigned to this surface interaction between use.

Modify assigned applications in the following functional Areas: Area 2: La ría from Bilbao to the open. Amending the use of port condition (reserve for the unitary management, in accordance with the adaptation set in point 2 of this order) and complementary port use, assigning the use of interaction between the northernmost area of the right bank of the estuary of Bilbao, which is part of the urban centres of Algorta, Las Arenas and the southern section next to the rear of the dock of Axpe, in the municipality of Erandio. On the left bank of the estuary is assigned the interaction use port to the southern area, from the surroundings of La Benedicta Pier, in the towns of Sestao, to Portugalete.

Area 3: right margin of the open. In the not-strictly-port shopping area located in Arriluce use complementary port is changed and is assigned the use of interaction between. Amending the sport port use assigned to facilities adjacent to the former, and a mixed-use port-city interaction and sport port is assigned.

Area 4: left side of the open. Southernmost part of the arc, from the town of Portugalete to the fishing port of Santurtzi. Using complementary port assigned to part of the new dock of Zierbena, the linear park of Santurtzi Zierbena and the stretch of road for public use associated with it, is modified and the use of interaction between assigned. Such modification is limited to the scope of the General project of «Development of Santurtzi to Zierbena road linear park» and to the stretch of the road to associate public use, established as compensatory in the resolution of 27 May 1992, the Directorate General of environmental policy.
Includes the graphical representation of the road access to the port by Zierbena, included in the sectoral Territorial Plan of Vizcaya roads planned by the Department of public works, Diputación Foral of Vizcaya as schematic consideration and without binding on its final layout.

Room. Modification of the delimitation of the waters of the port of Bilbao area.

The outer limits of zones I and II of the waters of the port of Bilbao does not vary with respect to the established order FOM / / 2492/2006, of July 20, except for the exclusion of the waters located upstream from the southern abutment of the new bridge over the river Galindo, whose deallocation is described in the fifth point of this Ministerial order.

The inside of zone I of waters or internal limit is changed, extending the consideration of water area port located spaces between low tide and high tide live Equator, with the consequent involvement of the intertidal spaces deallocated in order FOM/2492/2006, of July 20 and reduction of spaces with assigned applications affected by this change.

Fifth. Deallocation of the public port domain.

It excludes the port service area and desafectan port public domain land and water spaces located upstream from the southern abutment of the new bridge over the river Kadagua.

These areas maintain the natural condition of the terrestrial public, so, once deallocated, will be incorporated automatically into the use of the terrestrial public.

Sixth. Publication.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, October 6, 2015.-the Minister of public works, Ana María Pastor Julián.