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Order Fom/1657/2016, Of 21 September, Which Approves The Delimitation Of Spaces And Uses Port Of The Port Of Arrecife.

Original Language Title: Orden FOM/1657/2016, de 21 de septiembre, por la que se aprueba la delimitaciĆ³n de espacios y usos portuarios del Puerto de Arrecife.

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TEXT

The Port of Reef Port Spaces Utilization Plan was approved by Order FOM/462/2004, dated January 30. Subsequently, the Plan Director of Infrastructures of the Port of Arrecife was approved by agreement of the Board of Directors of the Port of Las Palmas and ratified by the Agreement of the Council of State Ports of July 2006.

Finally, the service area was modified by the Ministerial Order of 21 March 2011, for which the land and water sheet of the service area of the port of Arrecife were disaffected from the port public domain. located at the southwest end of the same.

In the development of the said Plan Director have executed works of port infrastructure whose surface requires to be incorporated into the land service area of the port of Arrecife. Also, it is necessary to revitalize the area of the Darsena of Naos, in the already begun line of potentiation of the recreational nautical in coexistence with the fishing sector and the traffic of cruises. To this end, a reallocation of uses that allows, together with these port activities, the introduction of uses of port-city interaction is proposed. Finally, a detailed analysis of the port area has been carried out in order to determine and exclude all those port areas, both land and water, which are not strictly necessary for the port activity.

To this end, the Board of Directors of the Port Authority of the Palms, in session held on December 20, 2013, agreed to the beginning of the processing of the file of Delimitation of the Port Spaces of the Port Reef.

Requested the mandatory reports and having been submitted the document to the process of public information for the period of forty-five days, the Board of Directors of the Harbour Authority of Las Palmas has agreed, in session held on 21 May 2014, its approval and referral of the proposal and the file to Ports of the State to continue its processing.

On July 16, 2014, the General Direction of Sustainability of the Coast and the Sea reported favorably the proposal, stating, among others, that regarding the disaffectations, all those that were domain are considered Marine-terrestrial public have suffered major alterations of the natural characteristics of such goods, so it is not considered necessary to incorporate them into the own use of the marine-terrestrial public domain.

favorable report the Ministries of Defense, Finance and Public Administrations and Interior, although the latter requested the free transfer, once approved of its disaffection of the harbour public domain, of the plot where the Local Police Commissioner is based.

In response to this report, the Port Authority of Las Palmas acquired the commitment to deal with this transfer, once its disaffection was approved.

Finally, Ports of the State has reported favorably the Delimitation of Spaces and Port Uses, in responding to the current needs of the Port of Arrecife and observing that the requirements established in the Article 69 of the Recast Text of the Law of Ports of the State and of the Merchant Navy approved by Royal Decree-Law 2/2011 of 5 September.

In his virtue, on the proposal of the Port Authority of Las Palmas, and the President of Ports of the State, with the agreement of the Secretary of State for Infrastructures, Transport and Housing, completed the procedures demanded by the current legislation, I have:

First. Approval of the Demarcation Of Spaces and Port Uses.

The delimitation of Spaces and Port Uses of the port of Arrecife, in the island of Lanzarote, is approved, written in accordance with the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Decree Legislative 2/2011 of 5 September. The document will be deposited with a duly endorsed copy at the Ministry of Public Works, another in Ports of the State and a third in the Port Authority of Las Palmas.

Second. Delimitation of the land service area.

The new land service area will be made up of those land, including those currently running (extension of the Los Marbles dam), which are located between the sea and the delimitation line of the Land Service.

This line of delimitation coincides with the current one, except in the exclusion of the plots defined in the fifth point of this order, and in the regularization of the limit in the environment of the access to the closure of the dock Naos, in the sense of making it coincide with the path of access executed by the Arrecife Ports Group, whose work was received in May 1971.

The boundary of the service zone is described literally in paragraph 5.3.1. of the document and, in those areas where the limit of the service zone varies, is defined graphically and by UTM coordinates (REGCAN95, Huso 28) in paragraph and in the O.01 plans of the document.

Third. Delimitation of the area of water.

Zone I, or interior, of the waters of the port of Arrecife is made up of two spaces of water without physical continuity between them. In the old port of Arrecife are the waters closest to the Eigon of the Old Commercial Pier, delimited by the imaginary line that unites the points D-1, D-2 and D-3, and the port infrastructure itself.

In the set of the docks of Los Marmoles and Naos, Zone I of waters is the one between the coast, the outer ears of both ports and the straight line defined by the imaginary line that joins the southern end of the Marbles pier, including the currently running extension, and the southern end of the Cruise Pier

Zone II, or the exterior of waters, is reduced compared to the current one, being delimited by the imaginary line that starts at the southern end of the cruise ship dock to continue the outer edge of the infrastructure of the Naos dam to the point E-3 of the islet of the French. Starting from this point, it is directed towards the Quebro of the Old Commercial Muelle, passing through the E-2 Point and ends at the point E-1. From this point, it bords west the exterior of the Old Commercial Muelle until it reaches its end and continue to the point D-1.

From this point D-1, the boundary of the Water Zone II is defined by the imaginary line that is directed towards the field of buoys located in front of the Airport of Lanzarote, to close the envelope of 150 m in diameter with respect to each one of the buoys.

From here, the southern boundary is marked by the parallel passing through the point F-4, where it deviates in the direction NE to the point F-5. From here the line continues in the north direction coinciding with the meridian passing through the last point indicated until reaching a distance of 200 m from the ZMT, point F-6.

The line of delimitation of the zone II of waters continues towards the Muelle de Los Marmoles keeping that distance of 200 m from the land sea area until it reaches Punta Grande, point F-32. From this last point, it continues down the sea bank and the exterior of the port infrastructure of the Los Marbles dam to its southern end and, from here, to join with the southern end of the cruise ship dock.

Coordinates (ITRF93 Reference System, WGS84 ellipsoid, REGCAN95 Geodesic Network (2001 version), UTM Use projection system 28) of D-1, D-2, D-3, E-1, E-2, E-3, F-4, F-5, F-6, and F-32, are the following:

Vertice

X coordinate

Coordinate Y

D-1

641.193.00

3.203.708.00

D-2

641.476.00

3.204.231.00

D-3

641.278.00

3.203.576.00

E-1

641.496.00

3.203.630.00

E-2

641.889.00

3.203.630.00

E-3

642.198,00

3.204.358.00

F-4

641.685.82

3.201.188.74

F-5

645.225.90

3.204.728, 82

F-6

645.225.90

3.206.882, 33

F-32

644.179.49

3.205.922, 27

Fourth. Assignment of uses.

The basic uses assigned to the different areas in which the Arrecife port can be divided are represented in the O.02. plane, being distributed as follows:

The areas or areas of the port service area to which the Commercial Port is assigned, are: the Container Pier, the Marbles dam including the extension on the dock and the esplanade located between the above, the Service Zone north of the Los Marmoles dam and the new cruise ship dock in the Naos area.

Additional Port use is assigned to the Port Technical Facilities located next to the San Gines Charco.

The Fishing Port is assigned to the lands and docks existing to the west of the Darsena of Naos, in the vicinity of the Avenue of Naos, in the area closest to the city, where the Portuguese use will also be admitted Nautico-Deportivo.

The Port of Nautico-Deportivo is assigned to the land and docks existing to the west of the Darsena of Naos, in the vicinity of the Avenue of Naos, in the area closest to the city, where the use will also be supported Harbour Fishing, to the area of execution of the new marina, on the side of the dam of Naos, to the docks located in front of the National Maritime Fisheries Institute of the Canary Islands and the Old Commercial Pier.

Also, a series of Authoritative Uses is established for those admitted by the Recast Text of the Law of State Ports and the Merchant Navy. These authorized uses must be compatible with the basic uses assigned for each zone.

In this way, it is considered the use of the Supplementary Harbour use, in compatibility with the Commercial Harbour Use, in the land and coastal strip located to the northeast of the dock dock of Los Marbles and in the grounds and docks of the esplanade located between the container spring and the dike of Los Marmoles.

Authorizable uses are considered the uses linked to the port-city interaction, in compatibility with the Port Fishing and Nautical use, in the spaces located in contact with the fabric of the city on the bank of the Naos dock and on those docks that have lost the utility for the activities for which they were designed.

The spaces located in the coastal zone from the north of the fishing dock to the northeast boundary of the container dock and the land on the access of the old Commercial Pier are destined for port reserve.

Fifth. Disaffectations and exclusions from the service zone.

They are disaffected from the state harbour public domain, because they are unnecessary for the harbour purposes, and are excluded from the service area of the port of Arrecife, the following plots:

Viary on the Avenue of Olof Palme and adjoining grounds. Plots 1.3, 1.4 and 1.5 of plane D. 01_1. With a total of 8,533 m2, these are land occupied partly by road and partly by a playground and a surface parking lot.

Plot where the Local Police Commissioner is located. With an approximate surface area of 3.370 m2, it was awarded to the Directorate-General of Police for the construction of a police station on May 6, 2003.

Residual plots located in the environment of the Local Police Commissioner. Plots 2.2, 2.3, 2.4, 2.6, 2.7 and 2.9 represented in the D. 01_2 plane, with a total surface area of 3,526 m2.

Viaries that delimit the plots of the Police Local Police and the House of the Sea. With an approximate total surface area of 4,229 m2, these vials give access to the above plots.

plots located inside (land side) of the Avenue of Naos. With a total surface area of 1,627 m2, these are the parcels 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9 and 3.10 of the plane D. 01_3. Plot 3.11, whose disaffection is also proposed, has an extension of 1,627 m2 and corresponds to viario.

Their disaffection has been favorably informed by the General Direction of Sustainability of the Coast and the Sea and they do not preserve the natural characteristics of goods of terrestrial marine public domain, so, once affected, will become part of the heritage of the Port Authority of Las Palmas. Any act of disposal of the land by the Port Authority must comply with the requirements of Article 44 of the Recast Text of the Law of Ports of the State and of the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 of September.

The following plots are excluded from the service zone of the Reef port:

Instituto Nacional Maritimo-Pesquero de Canarias, former School of Professional Nautico-Pesquera Training. Parcel of the Ministry of Public Works of the Ministry of Public Works of 2 February 1966 for its subsequent affectation to the Subsecretariat of the Merchant Navy.

Residence of the National Maritime-Fisheries Institute of the Canary Islands. Parcel affected by Ministerial Order of 24 October 1978 for subsequent affectation to the Ministry of Transport and Communications.

Social Institute of the Navy (House of the Sea). Plot of land affected by Ministerial Order of 2 August 1976 for subsequent affectation to the Ministry of Labour, the Social Institute of the Navy.

It is excluded from the service zone of the port of Arrecife and the water space delimited by the polygonal defined by the vertices F-1 to F32, whose coordinates UTM (REGCAN95, Huso 28) is excluded from the state harbour public domain. are set out in paragraph 5.2.6. of the document. Its disaffection has been informed favourably by the General Directorate of Sustainability of the Coast and the Sea and preserves the natural characteristics of the goods of the terrestrial marine public domain, so, once it has been affected, incorporate into the own use of the terrestrial maritime public domain governed by Law 22/1988 of 28 July of Costas.

Sixth. Publication.

This order will take effect the day following your publication in the Official State Gazette.

Madrid, September 21, 2016.-The Minister of Public Works, P.S. (Royal Decree 298/2016, of July 18), the Minister of Justice, Rafael Catala Polo.