Legal Situation

The Tower of Hercules is a lighthouse, besides being a Property of Cultural Interest ("Bien de Interés Cultural" (BIC)). As maritime sign it fulfils the function of guiding navigation. In charge of the maritime signalling system is the Ministry of Public Works which contains the Port Authority of A Coruña that is en

The Tower of Hercules is a lighthouse, besides being a Property of Cultural Interest ("Bien de Interés Cultural" (BIC)). As maritime sign it fulfils the function of guiding navigation. In charge of the maritime signalling system is the Ministry of Public Works which contains the Port Authority of A Coruña that is entrusted with the maintenance of the signalling system (Art. 36. c. Law 27/1992, 24th of November, of the Ports of the Sate and the Mercantile Marine), since the port of A Coruña is considered as general interest and the state has exclusive competence over it (Art. 20 a. Spanish Constitution, 27th of December 1978).

In accordance with the current Coast Law, the adjacencies of the Tower of Hercules are public maritime-land property depending on the Ministry of the Environment.

The Tower of Hercules, in so far as a lighthouse, is owned and supervised by the Spanish Ministry of Public Works. The Ministry of Environment is in charge of the land immediately surrounding. However, the Ministry of Culture is its responsible in so far as the Tower is a monument (Declared Historical Monument on the 4th of June 1931). According to the Law of Spanish Historic Patrimony (Law 16/1985 of the Spanish Historic Patrimony) the latter is as well the responsible of protecting it. These powers were handed over to the autonomous community (Law 8/1995 of the Cultural Patrimony of Galicia) but, according to the art. 6.d. of the abovementioned Law, the Ministry of Culture still reserves the competences as the Tower is owned by the State and it is managed by the State Administration.

The Ministry of Transport is in charge of managing the Tower of Hercules, but on the 21st of August 1995 this Ministry signed an agreement with the City Council of A Coruña. According to this agreement, Port Authority handed over the right of use of the interior of the Tower of Hercules to the City Council. This Council is now in charge of the touristic management of the monument. (Anexo C1)

The Port Authority still holds all those competences related to the function of the Tower of Hercules as lighthouse. This Port Authority committed itself to the maintenance, conservation, and allocation of adequate personnel in order to fulfil its function.