DISA and Naturgy to Pay for Using Rural Land in Fuerteventura

The resolutions confirm the energy companies’ obligation to contribute more than €2.7 million for the use of land for their facilities.

The Puerto del Rosario City Council has dismissed the appeals filed by the energy firms NATURGY RENOVABLES S.L.U. and DISA GENERACIÓN S.L.U., confirming the full legality and validity of the “Rural Land Use Fee” assessments, which total over €2.7 million.

The resolutions, according to the municipal authorities, are “solidly based on technical and legal reports” and reject the companies’ claims seeking nullification of the fees and a refund of the amounts already paid. The confirmed amounts are €1,103,872.65 for Naturgy and €1,683,025.59 for DISA.

“Our commitment is to a responsible and fair management of resources that belong to everyone. Any entity that carries out a profitable economic activity on our territory must contribute equitably, as the law dictates. This fee is not an arbitrary measure; it is a legal mechanism that ensures private exploitation of our rural land directly benefits public services and infrastructure for our neighbors. We will remain firm in defending the general interest and legality.” – Mayor David de Vera, Puerto del Rosario

Both companies argued, among other reasons, that their projects—authorized under the special procedure of Article 6 bis of the Canary Islands Electricity Sector Law due to their “general interest”—were exempt from this fee. DISA additionally cited the “14.8 MW Emergency Generation Plant – Mezque Plant,” approved under the Canary Islands Government’s emergency declaration for energy. However, the municipal resolutions clarify that while the special procedure speeds up authorization, it does not exempt the parties from the economic obligations set out in urban and land‑use regulations.

Legal Basis Explained by the Councilor of Economy and Finance

“These resolutions are backed by flawless technical and legal reports that rigorously apply the Canary Islands Land Law. The regulation is clear: the special autonomous authorization is an enabling title equivalent to a municipal licence, and therefore triggers the fee. We cannot confuse ‘general interest’ with ‘public promotion.’ These are private‑initiative projects that, although contributing to a collective goal, operate as profit‑seeking economic activities. Our duty as public managers is to ensure all legal and fiscal obligations are met without exceptions, guaranteeing transparency and proper administration of municipal funds.” – Juan Manuel Verdugo, Councilor of Economy and Finance

The key points of the municipal reasoning:

1. Taxable event has occurred – The installation of the wind farm and generation plant constitutes exploitation of rural land by a private entity, as defined in Article 38 of Law 4/2017 on Land and Protected Natural Spaces of the Canary Islands.
2. Special authorization does not grant exemption – The Article 6 bis procedure is a sectoral authorization regime, not a fiscal or urban‑planning exemption. It is considered a “title equivalent” to a municipal licence, legitimising the fee.
3. Distinction between public and private promoters – Exemptions apply only to works directly promoted by public administrations (e.g., roads, hospitals). In these cases, the promoters are private entities that, despite aligning with a general interest, conduct profit‑driven economic activities and therefore cannot claim the exemption.
4. No nullity defects – The resolutions conclude that the fee assessments were issued by the competent bodies, following the legally established procedure, without causing any procedural disadvantage to the companies, which had the opportunity to appeal within the prescribed time limits.

With these resolutions, the Puerto del Rosario City Council reinforces its commitment to rigorous, transparent, and lawful municipal management, ensuring that land exploitation contributes fairly to the sustainability and well‑being of the entire community.

The council continues to work toward the welfare and quality of life of its citizens through efficient, transparent, and sustainable management of public resources, fostering the municipality’s economic and social development while fully respecting the law.