To the physical and legal persons in addition to concession – a right under which a part of maritime domain is partially or fully excluded from general use and is given for special use and/or economic exploitation, there is possibility of the concession approval – a document on the basis of which maritime domain is given to use for performing of activities that do not exclude nor limit the general use of maritime domain.
The concession approval is given to use for performing of activities on the seacoast, internal sea, territorial sea of RH and is issued at request for a period of up to five years.
The institute is regulated by the law on maritime domain and seaports which entered into force on 15.10.2003. and Regulation on the procedure of granting concession approval issued in 2004.
With the Regulation on the procedure of granting concession approval there’re proscribed activities for which a concession approval can be issued, issuing procedure of a conecssion approval as well as a fee for issued concession approval.
In accordance with the regulations, for each city / municipality in whose area there is a maritime domain there is established by the Council for granting concession approval, which is consisted of a chairman and four members appointed by the city / municipal assembly.
The body of the city / municipality in which operates The Council it’s obliged to keep records of approvals, which must contain information on the holders of an approvals, location, type of activity carried out, the means with which to carry out activities, and fees for approval and the time frame in which the approval was given.
The town government / municipality shall adopt the annual management plan of the management of maritime domain for each year and submit it to the competent authority of governments in the county no later than 1 December of the current year.
The annual plan must be coordinated with the county annual plan of management of the maritime domain with regard to the plan of concessions and concession approval fr which the competent authorities in the county gives confirmation.
The request must be submitted to the Council, through the town or municipal councils.
The applicant for approval may be any legal or physical person registered to perform the activity for which seeks the approval.
The applicant shall mandatory attach to request mandatory documentation consisting of the extract of the court register of the Commercial Court, trade license, certificate of registry association or approval of the competent authority for performing an activities, proof of ownership of the means with which carries out activities in the maritime domain, proof of the legal basis of the use of resources that are not owned by the applicant, and proof of ability boat / ship to sail (only in cases where authorization is requested to carry out activities with a boat / ship).
When deciding upon the request, the Council shall determine whether the request complies with the annual management plan of the maritime domain, and is obliged ex officio to request an approval of the competent port authority to address the safety of navigation, to perform activities with funds that are in the single list of activities in the maritime domain specially marked.
If the Council determines that the request is not in accordance with the annual plan of management of the maritime domain, or port authority didn’t issue the said approval, the Council shall reject the request for approval.
Exceptionally, when the approval is given for the term of more than one (1) calendar year, and for the performance is required micro location on the maritime domain, the Council is obliged to previously obtain a special certificate of the competent authority in the county, by which is confirmed that for the period for which an approval is given, a process of concessions won’t be start up.
The applicant, whose application deems compatible with the annual plan of management of the maritime domain, for which the competent port authority issued the approval also in the case when it’s given special acknowledgment of the competent authority in the county, the Council will invite you to pay a certain amount as compensation for approval.