Otvorena pitanja u primjeni Zakona o pomorskom dobru i morskim lukama s osvrtom na prijedlog izmjena i dopuna
Unsolved questions in the application of the Maritime Domain and Seaports Act with suggestions for amendments

Summary/Abstract: In the Maritime Domain and Seaports Act (National Gazette No 158/03, hereinafter referred to as the ''Act'') maritime domain is regulated in the same way as in the Maritime Code which was earlier in force. In the course of determining the boundaries of maritime domain on shore and in the ports for special purposes doubts and questions arise to which different answers are given. In the ports open for public traffic this is relatively clear and hence such doubts and ambiguities are almost excluded. The Act provides explicitly that the seashore includes also that part of the land which has been formed by dumping earth in the area intended for the exploitation of the sea. In order to obtain greater precision we suggest that the question of dumping be regulated as in the Building Act, namely that the dumps deposited after 15th of February 1968 be considered as maritime domain. There is an omission in the Act because in the course of determining the boundaries of maritime domain the institute of the Decree on the boundaries of maritime domain has not be retained which is brought by the Government of the Republic of Croatia with a previous positive opinion of the State Attorney of the Republic of Croatia. The granting of concession on a maritime domain should be connected with the issuing of the decision on the entry of the maritime domain in the land register and thereafter one should proceed to bring into order the land registers and records of maritime domains. (...)

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