Amendments for a Coastal Law that sets limits on pressure on the coast

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The draft Balearic Islands Coastal Law does not specify what happens when uses come into conflict with ecological limits. The islands are territories under strong pressure along their coast, with many areas clearly exceeding their limits. Amendments are also included regarding the new attempt to amend the Menorca Biosphere Reserve Law. GOB has submitted amendments during the period in which organisations can do so.

The transfer of various powers to the autonomous community in matters concerning the coast allows the archipelago to regulate coastal management again. This is an opportunity to reduce pressures, restore degraded areas or adapt to the effects of climate change. In GOB’s opinion, the current text of the draft Law is very much focused on planning, organising and managing uses, activities and occupations, but it is not always sufficiently clear what happens when these uses come into conflict with the limits.

The amendments submitted include proposals such as:

  • That carrying capacity be established according to physical, ecological and social criteria. And that it be binding in order to prevent uses or activities from exceeding it, as is already happening in many cases. A minimum of 5 m²/user is proposed for any beach, in order to prevent environmental degradation and the loss of quality in the beach-use experience.
  • That private or profit-making occupations of the public domain must justify the need to be located in this space and the absence of viable alternatives outside this area.
  • That the maximum speed of vessels be 3 knots within the first 300 metres from the coast and that anchoring take place at least 50 m from the shoreline on unmarked beaches and coves.
  • That measures be provided for the adaptation, removal or relocation of infrastructure and occupations that are vulnerable or incompatible with the evolution of the coast as a result of climate change.
  • That a periodic and coordinated monitoring and inspection programme be made mandatory, with priority objectives and areas, accompanied by the necessary transparency to know the results.
Amendments to the Menorca Biosphere Reserve Law

The draft Coastal Law includes a Repealing Provision intended to amend (for the fifth time) the Menorca Biosphere Reserve Law. A series of provisions are removed, without any explanation or justification. The Statement of Reasons of the Law only says that articles are repealed, but does not justify the reasons why.

Thus, the articles aimed at allowing the Island Council of Menorca to have powers over recreational activities in inland waters or over the regulation of discharges into the sea from land are removed. There is no understanding of the need to remove these matters, unless the intention is to make it clear that they will only be controlled by the Balearic Government.

Even more scandalous is the repeal of Article 13, concerning the executive function of the Island Council over water resources and uses, canals and irrigation systems, mineral and groundwater, and the general water regime.

In this regard, it should be noted that the evolution of Menorca’s water reserves shows a negative trend throughout the entire period during which the competence has been held at regional level. Wetlands tend towards salinisation, many streams are in poor condition and aquifers show the lowest level historically known.

In view of this evidence, GOB states that the reasons for removing from a Law the possibility of transferring management of the water reserves (which are island-wide resources) to the island administration must be properly justified.

There are also repeals concerning the provision establishing prior reports by the Island Council in cases involving procedures for delimiting the maritime-terrestrial public domain (Article 20), or in cases involving the granting of authorisations and concessions for the use and occupation of the maritime-terrestrial public domain (Article 21).

The removal of Article 42 may also require attention. This article concerns the preparation and approval of a sectoral master plan for coastal planning, a tool that has been called for on several occasions because responsibilities for the coast are dispersed and lack coordination. Thus, the Port of Maó is managed by the Port Authority, which depends on the Central Government; the ports of Ciutadella, Fornells and some other areas with port status are managed by the autonomous community. The rest is managed by the Coastal Authority. Among all these administrations, the only one with an island-wide perspective is the Island Council.

The entire marine area surrounding the island of Menorca, extending 12 nautical miles out to sea, forms part of the Menorca Biosphere Reserve. It makes no sense to seek to remove from an existing Law the possibility for the Island Council to coordinate, through a sectoral master plan, and without encroaching on anyone’s powers, the uses and activities that take place and are planned along the nearby coast.