Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11195
The public entity Puertos del Estado has referred to the Ministry of development, for its approval, the proposed valuation of the land and water of the service area of the port of Puerto del Rosario and the affected land to maritime signalling on the island of Fuerteventura. The port is managed by the port authority of Las Palmas, which has the status of port of general interest and is of exclusive competence of the General Administration of the State in accordance with article 4 and annex I of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Decree legislative 2/2011 , 5 September, in connection with article 149.1. 20th of the Constitution.
The determination of the value of them land and of them waters of it area of service of the port is required for calculate the amount of the rate of occupation that is accrues in favour of it authority port by it occupation of the domain public port under authorization or award, since, in accordance with it established in the article 175 of the text consolidated of it law of ports of the State and of it Marina merchant the base rate is the value of the public property occupied.
The proposal for valuation of the land and water has been formulated by the port authority of Las Palmas, including the background and necessary studies, a financial report.
As provided for in article 175 of the referred text consolidated from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September, the value of the land shall be determined on the basis of market criteria. For this purpose, the service area will be divided into functional areas, a value must be assigned to land included in each one of them by reference to other areas of the municipality or the next municipal districts, with similar uses and conditions, in particular those qualified as logistic, commercial or industrial use taking into account the use that corresponds to them. Also, in the case of areas intended for the handling of goods, you can take also into consideration the value of port surfaces which may be alternative for the traffic of the port.
In the valuation of them land of each area port must also have is in has the grade of estate general of it area, them features of management established in the plan special of the port, its centrality in the area of service, and its proximity, accessibility and it connection with them different modes e infrastructure of transport, in particular, to them facilities of docking and areas of water warm.
(. With regard to the valuation of them waters, the letter b) of the precept cited establishes that the value of them spaces of water included in each an of them areas functional in that is divide the area of service of a port is will determine by reference to the value of them land of them areas of it area of service with similar purpose or use or , where appropriate, to the nearest land. Assessment conditions of shelter, depth, and location of the waters, should be taken into account without that it does not exceed the value of the land of reference.
In application of the mentioned precept, them land and waters of the area of service of the port of port of the Rosario, as well as them land affected to the signaling maritime of the island of Fuerteventura, that is found in the record duly represented in the corresponding flat, is have divided in areas functional of the following mode: surface terrestrial:-Area functional 1: book port (YOU). Included in the area known as reserve port clearances of port uses whose function is to ensure the possibility of development of port activity. They are the northern limits and South service area where are located a natural pool, a stretch of paseo, a square (to the North), an urban beach and a walk (to the South).
-Functional area 2: administrativo-terciaria area (TEA). This area consists of the land located at the start of the commercial Pier. Them limits of this Area functional are constituted by the Avenida Ruperto González Negrín, to the North; the main road from the port to the South and West; While for the this the limit is marked by the sea. In this area administrative and tertiary are buildings and infrastructures preeminently.
-Area functional 3: Wharf shopping: versatile (YOU). Located between the functional area 2 North and 4 functional area to the South. This zone corresponds to the northern half of the commercial dock (except for the functional area 2). It consists of spring, operating area, the adjoining Esplanade and works of shelter to the East. Welcomes the greater and more varied part of the installations and activities existing.
-4 functional area: commercial dock: general merchandise (TE). Located south of the AF3, this zone corresponds to the southern half of the commercial Pier. Is formed by the spring, area of maneuver, the Esplanade attached and works of coat to the this. It hosts mainly open esplanades discovered storage.
-Area functional 5: Area of interaction between (I). It is a strip of approximately 580 meters in length and variable width that is in contact with the city (along the Avenida Ruperto González Negrín) between the commercial dock and Pier fishing/nautical-sports. It's open concourses and walkways, whose main function is to keep the land connection between port areas with limited planning determinations.
-6 functional area: cruise Area (TEA). It is the functional Area consisting of infrastructure mainly for use and docking of cruise ships. It consists of access to the pier through old sport fishing/boat dock, the Esplanade associate and own cruises Pier.
-Functional area 7: nautico-deportiva and fishing Area (TEA). They are the lands that make up the contour of the new nautico-deportiva basin bounded by old sport fishing/boat dock, cruise ships dock and Jetty close South of the same.
Water depth: 8 functional Area. Inland from the port (AG) area. Area inland from the port of Puerto del Rosario.
Functional area 9. Foreign Harbour (AG) water area. Foreign waters of Puerto del Rosario port area.
Land affected to the maritime signalling: 10 functional Area. Faro de Puerto del Rosario or Punta Gavioto (FA): public domain land associated with the lighthouse of Puerto del Rosario, in the municipal district of Puerto del Rosario.
Functional area 11. Lighthouse of Punta the Entallada (FA). Public domain land associated with the lighthouse of Punta the Entallada, in the municipality of Tuineje.
Functional area 12. Faro de Morro Jable (FA). Land of domain public associated to the Faro de Morro Jable, in the term municipal of Pájara.
Area functional 13. Lighthouse of Punta Jandía (FA). Land of domain public associated to the lighthouse of Punta Jandía, in the term municipal of Pájara.
Area functional 14. Lighthouse of Punta of Toston (FA). Land of domain public associated to the lighthouse of Punta of the suckling pig, in the term municipal of the olive.
Area functional 15. Faro de Punta Martino (FA). Public domain land associated with the lighthouse of Punta Martino, in Isla de Lobos, municipality of La Oliva.
The proposal of estimation has been made and processed in accordance with the provisions of current article 177 of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September, having been subjected to the process of public information and reports from the Ministry of finance and public administration and the public body Puertos del Estado.
The valuation is duly substantiated in the proposal.
In his virtue, a proposal of the port authority of Las Palmas, 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. Approval of the assessment.
Approves «Valuation of the land» and water depth in the area of the port of Puerto del Rosario and service the affected land to maritime signalling on the island of Fuerteventura. Shall be deposited a copy of the original document duly stamped in the Ministry of development, another in the public entity Puertos del Estado and a third at the port authority of Las Palmas.
Second. Values of the land and sheet of water.
Them values of each an of them areas functional of the area of service terrestrial, of them land affected to the signaling maritime of the island of Fuerteventura, as well as of the waters, are them following: Area functional value €/ m2 AF1. Book port (YOU) 109,51 BF2. Area administrativo-terciaria (TE) 193,23 AF3. Spring sales: versatile (YOU) 98,46 AF4. Wharf shopping: merchandise general (TE) 93,04 BF5. Area of integration port (YOU) 159,65 bf6. Area of cruises (TE) 155,87 AF7. Nautico-deportiva and fishing area (TE) 153,10 AF8. Area of inland waters (AG) 64,57 AF9. Foreign waters (AG) area
30,10 AF10. Lighthouse of port of the Rosary or Punta Gavioto (FA) 84,62 AF11. Tip the Entallada (FA) 52,27 AF12 lighthouse. Faro de Morro Jable (FA) 89,60 AF13. Punta Faro Jandia (FA) 52,27 AF14. Lighthouse of Punta of Toston (FA) 82,13 AF15. Faro de Punta Martino (FA) 37,33 third. Publication.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 6 of October of 2015.-it Minister of promotion, Ana María Pastor Julián.
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