The final text of the Law on Maritime Property, which the opposition claims is not good, caused friction in the Parliament on Tuesday.

Author  HrTurizam.hr

12. July 2023.

Clashes broke out between Most and Mozemo - Most called out his colleagues for publicly praising the law and told them to move to the other side of the parliament as HDZ's coalition partners.

The new law introduces the right and duty of the Ministry of the Sea to participate in the drafting and adoption of all documents and acts related to spatial planning in the area of ​​maritime property.

A uniform port tariff is introduced, as well as maritime wardens who supervise the implementation of the decision on order on maritime property, as well as harbor wardens who supervise the implementation of order in ports open to public traffic, and it is also defined that the supervision of maritime property in protected parts of nature is carried out by guardians of protected nature.

The first version of the proposed law, in addition to parliamentary opposition, was severely criticized by the scientific community, associations, and citizens, calling it a law with dangerous intentions that leads to the privatization of beaches.

Nevertheless, from the party We can! they maintain that in the final version of the law the Government abandoned a number of the most controversial solutions.

"The first reading that we saw six months ago and the proposal that came to the second reading show that the HDZ understood that the opposition, civil society and citizens, above all, clearly said enough is enough", they said from that party.

Glas, on the other hand, claim that the proposed law is a 'cuckoo's egg', and Most claims that the only purpose of that law, which is a prerequisite for a new withdrawal of funds from the EU, is what has remained unchanged in the law, and that is not access to beaches, which was 'just a smokescreen' to deceive the public that something had been relaxed.

The most important newspapers from the Act

The Act is harmonized with the Law on Concessions, where the procedure for granting concessions on maritime property is changed, and a concession can be granted on request for commercial use of maritime property for a maximum period of five years. Concession approvals are also abolished, and permits are introduced, which are issued by the representative body of the local self-government unit on the basis of a public tender, which was not the case until now, for a period of two to five years. The Government of the Republic of Croatia will prescribe the types of activities and the amount of the minimum fee for the granting of permits on the maritime property by regulation.

The Deputy Prime Minister and Minister Butković also said that the law envisages the establishment of an institution for the management of maritime property, whose jurisdiction and organization will be regulated by the Government in a special law within two years from the adoption of this law, which, he pointed out, is one of the novelties that is introduced in the second reading.

The Government of the Republic of Croatia will, by a special decision, establish an Expert Council for planning and construction on the maritime domain, which will issue approvals for spatial development plans to local self-government units, and will be composed of 9 members appointed from prominent experts in architecture, landscape architecture, environmental protection and nature , urbanism, landscape and other prominent experts.

The concept of environmental damage to maritime property and responsibility for the same is also introduced. The criteria and the procedure for proposing the border of maritime property are also more clearly defined.

Sea beaches, anchorages and moorings are defined. The sea beach is divided into public sea beaches (natural sea beaches and organized sea beaches) and special purpose sea beaches. There are no more hotel beaches, added Deputy Prime Minister and Minister Butković.

Sea beaches must not be excluded from general use, must be accessible to everyone, and entrance fees must not be charged.

In order to additionally satisfy the principle of satisfying the public interest, the concession for the public beach in the settlement must be granted in such a way that the entire beach is available for use by everyone, and on a maximum of 40 percent of the land and 20 percent of the sea part of the beach, the concessionaire can carry out economic activities for which he is a concession given. It is not possible to grant a concession on natural sea beaches if the natural sea beach is outside the construction area.

The Government of the Republic of Croatia by decision determines the military areas on the maritime domain that are excluded from general use and are managed by the Ministry of Defense of the Republic of Croatia. Also, in accordance with the Law on Sports, the obligation of the concessionaire to have competitors in three age categories in the sports ports is prescribed - the concession can be given to the right person in the sports system.

The right and duty of participation of the ministry responsible for maritime affairs in the process of drafting and adopting all spatial planning documents and acts covering the area of ​​maritime property is introduced.

The duty of the county port administration to carry out port activities on its own is introduced, while the concession for performing port activities is granted only exceptionally. A uniform port tariff is introduced, maritime wardens are introduced who supervise the implementation of the decision on order on the maritime property, port wardens are introduced who supervise the implementation of order in ports open to public traffic. It is defined that the supervision of the maritime property in the protected parts of nature is supervised by the guardians of the legally protected parts of nature who monitor and supervise whether the decision on the order of the maritime property within the protected parts of nature is implemented in accordance with the Law.

In conclusion, the new legal framework provides better mechanisms for the protection of maritime assets, introduces greater rights and duties to managers of maritime assets, increases transparency in the management and economic use of maritime assets, ensures efficient management of ports open to public traffic, and protects the public interest and general use of maritime assets. good.

See the entire debate in the Parliament on the new Law on Maritime Property at the link: HRT 

Side dish: Draft of the final proposal of the law on maritime property and sea ports

Photo: Pixabay

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Author  HrTurizam.hr

12. July 2023.