The analysis commissioned by Luengo to the former head of the State attorneys maintains that the Community lacks the powers to remove mud and sludge
The competence for the removal of the sludge and sludge accumulated in the Mar Menor corresponds “exclusively” to the State. The Autonomous Community “lacks specific competence” to carry out these tasks, “in the absence of an express rule of attribution in its Statute of Autonomy.” Both statements are two of the three conclusions of the report commissioned by the Ministry of Water, Agriculture, Livestock, Fisheries and Environment, whose owner is Antonio Luengo, has prepared the office of José María López-Alascio, who until 2015 was head of the State Bar in the Region.
The analysis was commissioned to shed light on which administration is responsible for cleaning the beaches of Marmenore and part of the basis of the “uniqueness” presented by the “peculiar legal regime” of the lagoon. On the one hand, it is a public maritime-terrestrial domain and, therefore, is subject to the Coastal Law, with responsibility for the Demarcation of Coasts. On the other, it is considered a coastal water mass, regulated by the Water Law and with the Segura Hydrographic Confederation (CHS) as the responsible body. This state ownership does not preclude express powers to the Community in matters of fishing and ports.
Specifically, the report attributes to the basin body the powers of cleaning sludge and sludge because the Mar Menor is considered as a body of coastal water. Although it also emphasizes that the Community and riverside councils will have to collaborate with him in extraordinary situations, such as those derived from storms and cold drops.
Given the “undoubted complexity” of the situation, López-Alascio suggests “considering the opportunity” for the State-Community Bilateral Commission to resolve the competence issue in its next meetings.
Despite the conclusions of this report, the López Miras Executive will insist that the State allow it to remove mud, sludge and dry goods with its own budget from the beaches of Villananitos, Punta Brava, Los Urrutias, Estrella de Mar and Los Nietos from 2022.