Advanced Search

Order Fom/1304/2015, Of 9 June, Which Approves The Valuation Of The Land And Water Of The Service Area Of The Port Of La Estaca (Hierro Island), Managed By The Port Authority Of Santa Cruz De Tenerife.

Original Language Title: Orden FOM/1304/2015, de 9 de junio, por la que se aprueba la valoración de los terrenos y lámina de agua de la zona de servicio del puerto de La Estaca (Isla de El Hierro), gestionado por la Autoridad Portuaria de Santa Cruz de Tenerife.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The public body Ports of the State has sent to the Ministry of Public Works, for its approval, the proposal to evaluate the land and water sheet of the service area of the Port of La Estaca (El Hierro Island), managed by the Port Authority of Santa Cruz de Tenerife, which has the status of port of general interest and is of exclusive competence of the General Administration of the State in accordance with the provisions of Article 4 and Annex I of the Royal Legislative Decree 2/2011 of 5 September, approving the recast of the Law of State Ports and of the Merchant Navy, in conjunction with Article 149.1.20. of the Constitution.

The determination of the value of the land and the waters of the service area of the port is necessary to calculate the amount of the occupation rate that will be stopped in favor of the Harbour Authority for the occupation of the domain port public by virtue of authorization or concession, since, in accordance with the provisions of article 175 of the Royal Decree of Law 2/2011, of 5 September, for which the recast text of the Law of Ports of the State and of the Law is approved Marina Mercante, the tax base of the levy is the value of the good of public domain occupied.

The proposal to evaluate the land and water has been formulated by the Port Authority of Santa Cruz de Tenerife, including, among the necessary background and studies, an economic-financial memory. This proposal has been drawn up and dealt with in accordance with the provisions of Article 175 and Article 177 of the aforementioned Royal Decree of 5 September 2011 on the recast of the Law on Ports of the European Union. Estado y de la Marina Mercante, has been subjected to public and informed information favorably by the Public Body Ports of the State and without objections by the Ministry of Finance and Public Administrations.

According to the provisions of Article 175 (a) of the repeated Royal Legislative Decree 2/2011 of 5 September, approving the recast of the Law of Ports of the State and the Merchant Navy, the value of the land shall be determined on the basis of market criteria. To this end, the service area shall be divided into functional areas, assigning to the land included in each of them a value by reference to other land of the municipal term or to the next municipal terms, with similar uses and conditions, in particular those qualified as commercial, industrial or logistical, taking into account the appropriate use. In addition, in the case of areas destined for terminals and other facilities for handling goods, the value of port areas which could be alternatives for the traffic of such a port may also be taken into consideration. In addition, in the final assessment of the land in each area, account must be taken of the degree of urbanisation in the area, the management characteristics laid down in the port's special plan, its centrality in the service area, and its proximity, accessibility and connection with the different transport modes and infrastructure, in particular to the docking facilities and sheltered water areas.

Regarding the assessment of water, point (b) of the same precept stated that the value of the water spaces included in each of the functional areas in which the service zone of a port is divided determine by reference to the value of the land in the areas of the service area with similar purpose or use or, where appropriate, to the nearest land. It also provides that the assessment must take into account the conditions of shelter, depth and location of the waters, without being able to exceed the value of the reference grounds.

The grounds of the service area of the Port of La Estaca, which are in the file duly represented in the corresponding plane, have been divided into functional areas as follows:

-Functional Area I.

It occupies the land with commercial port use, which is the largest area. It is formed by a quay-wharf with three distinct tranches, successively narrower, which in turn protect and close a wide darsena by the east. In this construction it is located, from its entrance on land in the north, the building of the Maritime Station with all the commercial area that accompanies it, in addition to the building of the Harbour Authority. The land of pre-boarding of the two ramps for boarding from which the port is equipped is still in the south. At the end of the first section, there is a small attached dock, which serves as the closure of the dock of smaller vessels and which can be used to attract.

-Functional area II.

It is made up of the grounds of the Darsena of Minors, with nautical-sports harbour use. This area is the first land to be found according to the new access to the port. It is a succession of small springs of ribera in the form of a broken line, whose lands have been partly won to the sea, and which together give to the southeast, being protected by the south by a muelle-levee used to do function of Dry sea, which closes the dock until it reaches the vicinity of the first pre-boarding area. It has its corresponding ramp to raise to the esplanade the boats to be repaired.

The area is bordered on its northwest boundary by the already cited path, until this makes sense, at which point the surface is narrowed, reducing to a stumbling block with a narrow upper pass that reaches the grounds of the Functional Area I, where it follows its direction to the south with a very small width.

-Functional Area III.

This area includes the path to the port by the coast and two spaces located in the northern end of the service area; one of the spaces, in front of the dock of smaller boats, where the path of access is unfolded. by the coast, it is destined for parking; and the other is situated towards land, coinciding its external line with the access to the port by the north.

-Functional area IV.

They constitute a series of land in the form of a strip, on the land side of the road to the port by the coast, as well as on the land side of the stretch of the old port access by the north that falls within the service area. and is also considered to be included within this area.

In this area, the outer line carries a complex layout that coincides with the deslinde of the maritime-terrestrial public domain in this section.

The water spaces included in the proposed valuation, which are in the file duly represented in the corresponding plans, are those that were delimited by the Order of the Ministry of Public Works and Urbanism of 30 October 1989 (BOE of 7 November), having been divided for the purposes of this assessment in the following functional areas:

-Zone I-1.

Which comprises the waters corresponding to the commercial port of the port.

-I-2 Zone.

Formed by waters corresponding to the dock of smaller vessels.

-Zone II. Unsheltered waters.

The one with limits of the caleta tip of Caleta, the parallel of the tip of Timijiraque and the stretch of coast between the two points, excluding the waters of Zone I.

The valuation proposal, as indicated, has been prepared and processed in accordance with the provisions of Articles 175 and 177 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Real Decree Legislative 2/2011 of 5 September, having submitted to the public information procedure and to the reports of the Ministry of Finance and Public Administrations and the Public Body Ports of the State.

In its virtue, on the proposal of the Port Authority of Santa Cruz de Tenerife, and the President of Ports of the State, with the agreement of the Secretary of State for Infrastructures, Transport and Housing, completed the procedures required by existing legislation, I have:

First. Approval of the assessment.

The "Valuation of the Land and Water Lamina of the service area of the Port of La Estaca" is approved. One copy of the original document duly endorsed by the Ministry of Public Works, another in the Public Body Ports of the State and a third in the Port Authority of Santa Cruz de Tenerife will be deposited.

Second. Land values and water sheet.

The values each of the functional areas of the land service area, as well as the waters, are as follows:

Iv

Functional area

Value €/m2

Soil.

I

119.20

II

110.03

III

Iv

38.71

.

Zone I-1

24.45

Zone I-2

24.75

Zone II

4.92

Third. Publication.

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

Madrid, June 9, 2015. -Minister of Development, Ana Maria Pastor Julian.