Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5042
The public entity Puertos del Estado has sent to the Ministry of development, for its approval, the proposal of «Valuation of the lands of public domain and blade of water in the area of service from the port of Pasaia», managed by the port authority of Pasaia, 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 Royal Decree Legislative 2/2011, 5 September, which is approves the text revised from the law of Puertos del Estado and the merchant marine (hereinafter TRLPEMM), in relation to article 149.1.20. ª of the Constitution.
The determination of the value of the land and waters of the service area of the port is required to calculate the amount of the occupation rate that accrues in favour of the port authority for the occupation of the port public domain by virtue of authorization or concession, since, pursuant to article 175 of the TRLPEMM , the base tax of the rate is the value of the good domain public occupied.
The proposal for valuation of the land and water has been formulated by the port authority of Pasaia, 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 TRLPEMM, has been subjected to information public and informed favorably by the public entity Puertos del Estado 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 TRLPEMM, the value of them land is determined on the basis 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 Pasajes are those defined in the current Plan of using the spaces port approved by order FOM/2416/2006, of 19 July (BOE of July 25, 2006), are on the record represented at the appropriate level and has been divided into functional areas follows :-I functional area.
It occupies the two coastal strips of the port access channel.
In the margin left, is extends between plowing Chico and the start of the pier of San Pedro, in tip of the tower. It is a very narrow and irregular strip of land, which in the end third widens slightly and that includes a small Shipyard.
By the right margin, the coastal strip is not wider, and the structure of the mountain, is equally steep. It extends between Arondo large and the area industrial of Donibane, without include it.
-Functional area II.
Is has designated as such to the space port equipped with of springs between the first spring of passages of San Pedro and the spring of Trincherpe, except them two springs of fish.
This area is divided into two sub-areas:-II-A functional Area.
Made exclusively of San Pedro Springs, i.e. the northern area, with few lands that support them.
-Functional area II-B.
It includes the grounds of the Trincherpe Pier, with its respective, reaching the area of La Herrera.
-Functional area III.
It hosts 1 and 2 fishing docks, as well as the land backing them up to the outer edge. On these grounds is the ice maker, as well as the future market. These land separated the two sub-areas listed above (A.F. II-A and II A.F.. (B).-functional Area IV.
Covers the whole of the area of Herrera, with its pier, which is divided in two subareas:-Area functional IV-to.
Covering the grounds of the North Herrera, i.e. those who are above the service road that runs East-West. It includes most of the Hospitalillo dock, except the southern Strip in a length of twenty meters which are reserved for the A.F. IV-B.
-Functional area IV-B.
It covers the grounds of South of Herrera, where there are a number of industries that used the means of navigation for your service, or serve them. Are buildings very old that is found in total obsolescence and van to be object of a total remodeling. Has in addition to the twenty meters of the spring Hospitalillo that is you have reserved in the Plan Special.
To the Fund has of a via of railway that connects with the network general.
-Area functional V.
Welcomes the springs of Herrera in its alignment South and watch, with its esplanades. Enjoy of a series of stores intended to the storage of bulk cargo of all type.
Features of railway connected to the network national.
-Area functional VI.
It make up the spring advanced, Buenavista, Molinao, Capuchin and oil.
In all cases, the space that supports the springs belongs to this A.F., except for springs of Capuchins and tankers, in whose cases the land is limited by the concessions closest to the docks.
It is the area endowed with greater number of buildings, including the building that houses the offices of the port authority and other administrative buildings. All located in the western part. Also has stores that are dedicated to the storage of bulk and general goods.
It also has railroad tracks installed throughout their journey, connecting from them with the national network.
-Functional area VIII.
Formed by two adjacent spaces are connected, and with identical use, separated only by the bed of the river Oyarzun; the terrain more outside, margin left of the River, is the occupied by the peninsula of Capuchin, exception made of which is have assigned to the Area functional SAW, i.e., the spring of Capuchin, with the warehouse and them land that it support, delimited by a fence, as well as the spring of oil, also, backed by a concession.
Them land of the margin right of the River, that is are included in this area functional, is extend, relined it mouth untold, until the end of the dock Lezo 3, arriving by the inside until the fence outside of delimitation of them land of the area of service.
The separation between this A.F. and the A.F. X, is a line imaginary, that part of the point of separation between them Springs Lezo 3 and Lezo 2, that is bisector toward the interior of the angle that form both springs.
The Esplanade of the right bank of the river enjoy railway lines connected to the national rail network.
-Functional area IX.
It is an inner plot, which connects with A.F. VIII through the underpass to a road in the town of Lezo, through which runs the train track that connects the A.F. with the national network, which, in turn, passes through this plot.
-Functional area X.
Constitute it Lezo 1 and Lezo 2 springs, the grounds that support them, until the outer edge, which is not too deep; Apart from the actual impossibility of enlargement by the steep terrain. They are both springs a wide obtuse angle. The corresponding platforms do not suffer any separation, forming a homogeneous whole, which has a railway connected to the national grid.
Also, is part of this functional area the Esplanade which engaged the thermal power plant to store coal used to produce electricity, and extends between the dock and the outer fence. Begins at the end of Lezo 1 dock, at its western end, precisely where begins the so-called Iberdrola dock.
This area also includes the land occupied currently by the central thermal and its environment. Not has of dock, simply of a breakwater that it connects with the sheet of water. Not has access direct to the rest of the area of service, communicating is with the outside through the road that connects Pasaia with Lezo.
-Area functional XII.
On the small peninsula of Donibane, is has won ground to the sea in two spaces that constitute them two subareas that is described below: Area functional XII-to.
It covers only the land occupied by the shipyard. Begins in the southwestern of the thermal power plant protection wall and follows the new wall of the dockyard, along the line of demarcation outside of the service area, until he passed the door, turned to the South, and after skirting stranding ramps from West, access water.
Functional area XII-B.
The rest of the area of land occupied by the A.F. XII. It consists of the grounds on which a complex for industrial use has risen. It has a newly built Pier dedicated exclusively to this space.
Not has of access direct to the rest of the area of service, communicating is by the outside through the helmet urban of Pasaia of San Juan, and through it, by the road that it unites with Lezo, connects with the rest of the environment.
Water included in the proposed assessment are those defined in the aforementioned Plan use of the spaces port approved by order FOM/2416/2006, of 19 July (BOE of July 25, 2006),), are on the record represented at appropriate levels and they have divided into functional areas in the following way : Zone I. waters warm.
Which is divided into the following functional areas:-area I-1.
Waters of zone I delimited by the springs of San Pedro, fish 1 and 2, Trincherpe, Hospitalillo, Herrera, clock and advanced; closing the polygon with the straight line that joins the end of the beginning of San Pedro, respecting you berthing area.
-Area I - 2.
Waters of the area I corresponding to the first part of the mouth of the river Oyarzun, being them springs of Capuchin and oil, which it mark by it margin left, and them of Lezo 3, 2 and 1, the of Iberdrola and the shipyard, which it skirt by the margin right. A line that part of the end of the shipyard and ends at the beginning of spring of Capuchins, closes the area.
-Area I - 3.
Waters of the area I defined by them springs of Buenavista and Molinao in the margin left, and the spring of Donibane in the margin right. Close the zone three straight lines: one that connects the end of Molinao with the shipyard already described, other linking Donibane outer with the located more to the North of San Pedro, and finally the already described connecting this point to the nearest of the advanced spring.
Waters of zone I covering all channel access between plowing small and large plowing by the mouth and already described line that joins San Pedro Donibane.
-Zone II. Not sheltered waters.
Is formed by the waters of anchoring foreign to the mouth. It comprises the area located between the coast and the latitude of the point of Turulla and by the lengths of point lookout to the West and tip of the Turulla to the East of the mouth of the inlet.
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 Pasaia, 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.
Is approved the «assessment of them land and blade of water of the area of service of the port of Pasaia».
A copy of the original document duly stamped in the Ministry of development, another in the body State public ports and a third party shall be deposited in the Pasajes port authority.
Second. Values of the land and water.
The values of each of the functional areas of the area of ground service, as well as the waters are as follows: functional Area value €/ m2 floor.
12,852 II - A dock in San Pedro.
37,698 II-B Springs Trintxerpe and Hospitalillo.
70,256 III fish 1 and 2.
75,397 IV-A North Herrera.
95,959 IV-B South Herrera.
85,678 v Springs Herrera and clock.
100,243 Springs VI Molinao, Buenavista and Caputxinos.
149,080 VIII Peninsula Caputxinos and Lezo-3.
138,798 IX plot interior de Lezo.
68,542 x Lezo 1 and 2 and Iberdrola.
118,236 XII-A shipyard.
95,959 XII-B spring Donibane and Bordalaborda.
Area I-1 27,850 area I-2 34,270 area I-3 34,270 area I-4 12,850 zone II third 5,462. Publication.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, April 13, 2015.-the Minister of public works, Ana María Pastor Julián.
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