The Government of the Balearic Islands presents allegations against the General Coastal Regulation

Apr 1, 2024 | Current affairs, Featured, Revista Lloseta, Thursday Daily Bulletin, Tradition

The Regional Ministry of the Sea and Water Cycle argues its disagreement with the reform, highlighting omissions in public consultation and discrepancies with the environmental and territorial requirements of the islands.

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Allegations against the General Coastal Regulation

The Government of the Balearic Islands has presented allegations against the reform of the General Coastal Regulation that adjusts the limits of concessions in the maritime-terrestrial public domain. This decision responds to concerns about the adequacy of these modifications to the real needs of the coastal environment of the Balearic Islands and the legal processes required for their implementation.

In this context, the Government underlines its commitment to safeguarding the maritime-terrestrial public domain. The autonomous administration considers that the reform project, proposed after the annulment of the 2022 Coastal Regulation by the Supreme Court due to the omission of public consultation, does not adequately reflect the interests and needs of the island community.

The government considers that the prior public consultation was carried out without providing citizens with access to clear and concise documents and without the necessary information for informed participation. This deficiency goes against the provisions of Article 133.4 of Law 39/2015, so the current situation amounts to a lack of consultation and it is advocated that a new prior public consultation should be carried out that complies with all legal guarantees.

The need to amend the 2014 General Coastal Regulation on climate change-related grounds is also questioned. The concerns to be addressed are already covered by the 1988 Coastal Law, its 2013 amendment, the 2014 regulation itself, and the 2017 Climate Change Adaptation Strategy for the Spanish Coast.

The reform of the General Coastal Regulation presents imprecise and unnecessary objectives, especially in the modulation and limitation of the duration of concessions, as well as in the introduction of competitive procedures without clear justification.

The proposal includes the regulatory development of legal definitions that imply new boundaries, incorporating adjoining land into the maritime-terrestrial public domain in an unfair and even, in some cases, illegal manner. The suggested modifications lack a demonstrated need and could violate principles of legality and regulatory coherence. Less disruptive alternatives exist to correct errors, which would address the concerns without significantly altering the current regulatory framework.

Finally, both regulatory and non-regulatory alternatives to amending the regulation should be explored. These measures would avoid the removal of occupations in the maritime-terrestrial public domain, an action that fails to recognise the social and economic value of the coastline. This perspective is crucial, especially in a community such as the Balearic Islands, with an insular geography and a predominant tertiary sector.