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Order Fom/2832/2011, Of 27 September, Which Approves The Second Modification Of The Plan For The Use Of Port Spaces Of The Port Of Cartagena.

Original Language Title: Orden FOM/2832/2011, de 27 de septiembre, por la que se aprueba la segunda modificación del Plan de utilización de los espacios portuarios del puerto de Cartagena.

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Law 48/2003, of 26 November, of the economic regime and the provision of services of ports of general interest, provided in its article 96 that the Ministry of Public Works will delimit in the ports of state ownership service area which will include the areas of land and water necessary for the development of the port uses, the reserve spaces that guarantee the possibility of development of the harbour activity and those that can be destined to uses not port. This delimitation should be carried out by means of the plan for the use of port spaces.

Law 33/2010, of 5 August, amending Law 48/2003 of 26 November, creates the instrument for the delimitation of spaces and port uses, which replaces the plan of use as an instrument for the delimitation of the zone of port service. It also provides, in its fourth transitional provision, that the plans for use which are in the process of the entry into force of that law, must adjust their content as provided for in Articles 96 and 97 of Law 48/2003, original wording.

The Plan for the use of port spaces in the port of Cartagena was approved by Order FOM/245/2003, of January 30, being subsequently modified under the Order FOM/3997/2005, of December 9. This plan includes in the Darsena de Cartagena, as a reserve zone for logistics activities, a surface area of 256,400 square meters located in the northern part of the Barrio de Santa Lucia. From its approval to the present moment, the environment of this area has been configured as an expansion zone of the city of Cartagena, a trend confirmed by the revision of the General Plan of Management, currently in progress.

This situation has conditioned the initial plans of expansion of the port in the Darsena of Cartagena, so that the Port Authority of Cartagena has not come to exercise on much of the farms that make up the zone Reserve, the powers of compulsory expropriation which, by the approval of the Plan of use by Order FOM/245/2003, of January 30, have been legally recognized.

Given these new circumstances, the Port Authority of Cartagena considers sufficient maintenance as a reserve area of approximately 70,000 square meters, and proposes the exclusion of the service area port of the remaining 186,635 square meters. These grounds have not reached the status of a port public domain, so their disaffection is not appropriate.

The processing of the modification of the plans for the use of port spaces is established in Article 97 of Law 48/2003 of 26 November, indicating that, if it has a substantial character, it will be submitted to the same the approval procedure laid down in Article 96 for the own plans for use. The modification of the Plan of use of the port spaces of the port of Cartagena implies an alteration of the external boundary of the port service area, so, as defined in the aforementioned article 97, it has character of substantial modification.

The file has been processed in accordance with the provisions of Law 48/2003 of 26 November 2003 on the economic regime and the provision of services of ports of general interest. The mandatory reports were requested and the document was submitted to the public information procedure for a period of one month.

The public body Ports of the State has reported favorably the modification of the Plan of use, in responding to the current needs of the port of Cartagena and to observe that the requirements established in the Article 97 of Law 48/2003 of 26 November.

In its virtue, on the proposal of the Port Authority of Cartagena, completed the formalities required by the current legislation, I have:

First. Approval of the Second Amendment of the Plan for the Use of Port Spaces.

The Second substantial modification of the Plan of Use of Port Spaces of the Port of Cartagena, drafted in accordance with Law 48/2003, of November 26, of economic regime and of the provision of services of ports of general interest. From the modification document, a duly endorsed copy will be deposited in the Ministry of Public Works, another in Ports of the State and a third in the Port Authority of Cartagena.

Second. Delimitation of the land service area.

The new land boundary of the service area is graphically described in Plano No. 4 of the proposal, dated May 2010, called the Final Situation after the Interested Modification. This limit coincides with the current one, except in the exclusion of the 186,635 square meters area located in the northern area of the Santa Lucia neighborhood of Cartagena.

This plot, defined in Plano No. 3 of the proposal, called Plano de detail of the zone of reserve of logistic activities to exclude, limits to the Northwest with the road CT-33 and Service Zone of the Port of Cartagena; to the Northeast, with access road to the Barrio de Los Mateos; to the Southwest, with a port service area and, to the southeast, with access to the Old Naval Penal and a straight line linking the point of intersection between said access and the current limit of the area port service, with the East end of the reservation area remaining within the service area in the Darsena de Cartagena.

Madrid, September 27, 2011. -Minister of Development José Blanco López.