The coastal concession and its issuance
In the territorial environments under its responsibility, the Genoa Port Authority (Autorità Portuale di Genova – A.P.G.) administers and manages the state coastal land and in particular sees to the issuance of coastal concessions for carrying out the most varied activities, ranging from strictly commercial/crafts-related activities to those of an industrial nature, and in general for any occupation of state land that may be required, temporarily for contingent reasons (e.g. construction sites), or continuously for the management of activities permitted by the regulations in force.
The issuance of the concessions also regards territorial water, and therefore it is also necessary to apply to A.P.G. in order to occupy areas of water with equipment or activities (positioning of buoys, multi-buoy mooring, installation of floating piers, etc.) or for authorizations regarding the taking of sand.
The concession may be issued in the form of a license or by formal document (articles 8 and 9 of the navigation code regulations).
As it is for other administrative measures, the issuance of the coastal concession is organized essentially in three phases, which go from submitting the application to the competent office to the examination activity and the final measure. In the examination phase, including also the publication of the petition, the opinions provided for by rules and regulations will be acquired, from both the offices inside the Administration and from outside bodies (e.g. the harbourmaster, customs agency, municipality, etc.) The examination concludes with passage to the Port Board (Comitato Portuale).
Once the examination is completed with positive results, the concession is issued (drawing up and signing the concession, paying the fee, paying the security, signing form 77, and listing the concession with the Registration Office). If the application is not upheld, the denial measure is issued.
Applicants and forms
The regulations (navigation code regulations, art. 5) recognize as subjects entitled to submit the application for a coastal concession any subject that intends to occupy, for any use, the areas of the state coastal land (pursuant to art. 28 of the navigation code) or of the territorial water or state-land appurtenances (buildings, constructions, and installations pursuant to art. 29 of the navigation code). These subjects shall submit the application for obtaining the concession to A.P.G. (Ufficio Demanio, Palazzo San Giorgio, Via della Mercanzia, 2 – 16124, Genoa) using exclusively the normalized forms prepared by the Ministry of Infrastructure and Transport (D1 and D2).
Form D1 is used to draw up concession applications regarding the occupation and use of state-owned assets and of areas of territorial water.
Form D2 must be used exclusively in the case there is the intent to renew a coastal land concession for which, in its time, form D1 had been submitted. If, for the original concession, the data requested by the Administration using form D1 were not submitted, the applicant, even in the case of renewal, must submit form D1.
If the same unit of state-owned property is the object of more than one application, these applications shall, pursuant to art. 37 of the navigation code, be subjected to a comparative assessment.
Data updated: February 2011