Original scientific paper
A critical view of current regulations and a suggestion of measures for better administration of the maritime state demesne
Željko Mišić
; Split, Hrvatska
Abstract
The existing law establishes that it is the Republic of Croatia who administrates, protects and is responsible for the maritime state demesne, directly or through regional authorities (counties) or local authorities (municipalities). Putting the local authorities (different city
governments) in charge of the maritime state demesne on the regular basis was done with good intentions, but in reality we can see that the quality of local authorities’ administration is not good enough, and they don’t pay enough attention to the maritime state demesne. Very often it is possible to see different acts of uncontrolled dumping of construction and other material on the coast or in the sea, and that happens with the approval of local authority
members, or it is even organized by them without any regular authorization acts for such kind of things or constructions.
We think that it is necessary to regulate this issue better. The way to a better regulation is to decide with more accuracy all the activities that could be done at the local level on the maritime state demesne. Also, some special conditions should exist: for example the need for the Physical and Regional Planning Designs, and other conditions decided by local authorities.
Although there are different points of view regarding the question of the special administration of maritime state demesne, we think that is necessary to develop the existing legal regulations of the special administration of the maritime state demesne, by adding the concept
of the improvement of the maritime demesne, needed due to the inadequate conservation of the maritime demesne outside of ports.
In the existing law the set of rules that regulates the concessions for the commercial use of maritime demesne is also not clear: it is not clear enough when other people, who have no concession, have to be completely or partially excluded from the use of the maritime demesne, and this is something that should be better regulated in the next change of these regulations. (...)
Keywords
maritime demesne; boundary of maritime demesne; boundary of the port area; sea shore; embankment; operative coast; special- purpose port; berth; municipal port; public traffic port; concession for the special use of maritime demesne; concession for the commercial use of maritime demesne; special commission for the evaluation of requested concessions on maritime demesne; port authority; maritime public traffic; physical and regional planning documents; geodesic survey
Hrčak ID:
97335
URI
Publication date:
20.12.2012.
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