Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7346
The public entity Puertos del Estado has sent to the Ministry of development, for its approval, the proposed 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, which has the status of port of general interest and is exclusive competence of the General Administration of the State in accordance with the provisions of article 4 and Annex I of the Real Decree legislative 2 / 2011, of 5 of September, by which is approves the text consolidated of the law of ports of the State and of the marine merchant, in relation to the article 149.1.20. ª 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 concession, since, in accordance with it established in the article 175 of the Real Decree legislative 2 / 2011 5 September, which approves the text revised from the law of Puertos del Estado and the Merchant Navy, 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 Santa Cruz de Tenerife, including history and necessary studies, a financial report. This proposal has been drawn up and dealt with as provided for in the aforementioned article 175 and article 177 of the mentioned Royal Decree 2/2011, on September 5, which is approves the text revised from the law of Puertos del Estado and the merchant marine, has been subjected to information public and informed favorably by the public ports of State Agency and without objection by the Ministry of finance and public administration.
(According to it planned in the letter to) of the article 175 of the repeated Real Decree legislative 2 / 2011, of 5 of September, by which is approves the text consolidated of it law of ports of the State and of the Marina merchant, the value of them land is determined on the base of criteria of market. For this purpose, the service area will be divided into functional areas, included in each land a value assigned by reference to other areas of the municipality or the next municipalities, with similar uses and conditions, in particular the qualified as of commercial, industrial or logistics, use taking into account the use that corresponds to them. In addition, in the case of areas destined to terminals and freight handling facilities may be also considered the value of port surfaces which may be alternative for the traffic from that port. Also in the final assessment of the grounds of each area the degree of general urbanization of the area, the characteristics of management established in the special plan for the port, its centrality in the area of service, and its proximity, accessibility and connection with the different modes and transport infrastructure, taken into account in particular, berthing facilities and areas of warm water.
(. With regard to the valuation of them waters, the letter b) of the same 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. Also, said precept establishes that in the valuation should have is in has them conditions of coat, depth and location of the waters, without can exceed of the value of them land of reference.
The grounds of the service area of the port of the stake, found in the record properly represented at the appropriate level, have been divided into functional areas in the following way:-I functional Area.
It occupies the land with commercial port use, which are the largest surface. Is formed by a dique-muelle with three sections different, successively more narrow, that to his time protect and close a wide dock by the this. In this building is, from its junction on land to the North, the building of the seaport with the entire commercial area that accompanies him, as well as the building of the port authority. It is followed in southern direction the grounds of pre-boarding of the two ramps for boarding which port is equipped with. At the end of the first section, there is a small dique-muelle attached, that serves of closing of the dock of boats under and that can be used for docking.
-Functional area II.
Make up the grounds of the small boats dock, with sport port use. Constitute this area the first land that is found according to is moves by the new access to the port. It is a succession of small banks in the form of broken line docks, whose lands have in part been reclaimed, and together face Southeast, protected from the South by an exploited muelle-dique to make function of dry marina, which closes the dock until you reach the vicinity of the first zone of pre-shipment. It has its corresponding ramp to raise vessels that have to be repaired at the Esplanade.
The area is bordered on its Northwestern border with the aforementioned path, until this takes this direction, at which time the surface, reduced to a breakwater with a narrow overpass which reaches the grounds I functional Area, where it follows your direction towards the South with a small width narrows.
-Functional area III.
This area includes it via of access to the port by the coastal and two spaces located in the extreme north of the area of service; one of the areas, the small boats dock, which unfolds the path along the coast, is intended for parking; and the other is located towards Earth, coinciding your linde outside with the access to the port by the North.
-Functional area IV.
It constitute a series of land in form of Strip, to the side land of the via of access to the port by the littoral, as well as to the side land of the stretch of the old access to the port by the North that is within the area of service and that is considered included also within this area.
In this area the outer edge has a complex layout that matches the demarcation of the existing terrestrial public in this section.
Water included in the proposed assessment, found in the file duly represented at appropriate levels, are 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 :-Area I-1.
Comprising the waters corresponding to the commercial dock of the port.
-Area I - 2.
Formed by the water corresponding to the dock of boats under.
-Zone II. Not sheltered waters.
Limits which is the meridian of Caleta-punta, punta Timijiraque parallel and the stretch of coast between both ends, excluding the waters of zone I.
It proposed of valuation, as is has indicated, has been elaborate and transacted of conformity with it planned in them articles 175 and 177 of the text consolidated of the law of ports of the State and of the Marina merchant, approved by Real Decree legislative 2 / 2011, of 5 of September, having is subject to the procedure of information public and to them reports of the Ministry of Hacienda and administrations public and of the body public ports of the State.
In his virtue, a proposal from the port authority of Santa Cruz de Tenerife, 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 the 'valuation of the land and water blade of the service area of the port of the stake'. A copy of the duly endorsed original document at the Ministry of public works, another in the body State public ports and a third party shall be deposited in the port authority of Santa Cruz de Tenerife.
Second. Values of the land and water.
The values each of the functional areas of the terrestrial service area, as well as the waters are as follows: functional Area value €/ m2 floor.
Area I-1 24,45 area I-2 24.75 zone II 4.92 third. Publication.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 9 of June of 2015.-it Minister of promotion, Ana María Pastor Julián.
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