Marine land transfer offers risk to port terminal expansion, says entity

Properties in marine areas, such as along the coast of Santos, pay fees for land rent, occupation and laudemium (Alberto Marques/ AT/ Archive)

The Association of Private Port Terminals (ATP) evaluates that the eventual approval of Constitutional Amendment Proposal (PEC) 3/2022 may not only bring legal uncertainty to the sector, but also burden it, generating risks to operation. The proposal, which transfers the so-called marine lands to states, municipalities and private individuals has already been approved by the Federal Chamber. On Monday (27th), it was the subject of a public hearing in the Constitution and Justice Commission (CCJ) of the Federal Senate, where it will be voted on, still without a date.

Explanation

During the hearing, ATP's technical manager, Ana Paula Gadotti, said that marine lands are directly linked to ports, because it is through them that the operation takes place. The privatization of these areas, she says, can compromise or make it impossible to expand TUP facilities.

"The port terminal will not be able, for example, to expand. It will be limited, confined to its land", Ana Paula stated.

What they are

Marine lands are areas located on the maritime coast that surround beaches, islands, riverbanks and lagoons, in a strip of 33 meters measured from the high tide (average) position of 1831.

The land rent is paid to the Union for the property's domain, at 0.6% of the property's value. The occupation fee refers to a precarious right over a property, equivalent to 2% of the land. The laudemium is 5% paid for the onerous transfer of the beneficial domain (at the time of sale).

The PEC establishes that the transfer of these lands be made by payment for private occupants and free of charge if occupied by states, municipalities and concessionaires of public services.

ATP's technical manager also highlighted other relevant points that may impact the sector, crucial for the country's economy, since only ATP associates represent 66% of all cargo movements, including mineral commodities, agricultural products, steel products etc.

"The fact that (the proposal) also does not mention a financial basis and does not foresee a limitation of value and even of the area, which can reach 100%, can also enable an incentive for the practice of abusive prices. Because if the lands are transferred to municipalities, states and public concessionaires that already operate, we, private entities, which operate by authorization, will be impacted and will have to acquire lands from other individuals".