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DRAFT law No. 133/X LAYS DOWN MEASURES to PROTECT the COASTLINE EXPLANATORY MEMORANDUM to article 66 of the Constitution of the Portuguese Republic ruled, that "everyone has the right to an environment of human life, healthy and ecologically balanced and the duty to defend," including among the fundamental tasks of the Portuguese State in defense of nature and the environment, as well as the preservation of natural resources (article 9 CRP) in this sense the man has the "duty to protect and improve the environment for present and future generations ": In many countries, and particularly in Portugal, by the end of the Decade of 80, associated the" coastal protection "exclusively to building defence works (spurs and members) to reduce the risks of exposure to wave action built fronts and tides. There was a focus on land use planning which has broader objectives that the reduction of these risks.
The "protection", in a global sense, to be environmentally sound and economically affordable, should the prospect that defends itself, include the "conservation", "rehabilitation" and "appreciation", contemplating actions of withdrawal or accommodation in very specific areas. The Decree-Law 302/90 of September 26 establishes principles whose observance must be contemplated by rules to enter planning instruments (Municipal master plans, plan and expansion of ports, plan protected areas Classified) or establish rules for implementing decree.
Are published by various data sources that statements in the Portuguese coastal tracks there is a generalized retreat of "shore line" which very worrying proportions in some areas.
For your turn the Decree-Law No. 309/93 (land use plans of the Coastline) in your article 12 takes up exactly the same principles of the said Decree-Law No. 302/90 concerning the occupation, use and transformation of the land area of coastline protection.
Because if you want to keep the access to port areas in safety conditions, are extracted annually milhões cubic meters of sand to the sea and estuaries.
With few exceptions, the vast majority of the volume extracted was used for construction, so left to move off the coast. Although this occurrence is not new, Fernando Veloso Gomes and Francisco Taveira Pinto in the study under "option for the West Coast", consider this very serious situation because:-its consequences (cumulative) make itself felt by worsening erosion on beaches and dunes. In general the beaches are wasted and thus of the Spurs, the accumulated sand is much smaller than there was in recent years.
-Solid flow of fluvial origin transported to the ocean represents nowadays a small fraction of what it meant for two or three decades ago, due to the construction of dams and the functioning of the terminal areas of estuaries as big bowls of "funnel";
-It is expected that these cumulative effects associated with the reduction of aluviares sources and extraction by dredging if intensify in the coming years, although your intensity is very involved in the climates of annual unrest if they register as well, the maintenance in terms of average current coast line through artificial feeding operations beaches and other coastal engineering works is the proposal as being the third level of a protection strategy.
It is necessary to adopt a preventive policy "but also" curative "given the current severity of the problems.
So the present initiative is intended as a contribution to the protection of the coastline making the sand extraction when made at 1 km from the coast, to a mandatory reload.
This initiative complements itself with the draft law 24/IX of the Socialist Party, which creates the system of surveillance and control of the exercise of the activity of dredging and extraction of aggregates.
In accordance with the rules applicable and constitutional members below present the following signed draft law: article 1 Subject this law concerns the protection of shorelines through a system of artificial feeding.
Article 2. Extraction conditions 1-sand the sand extraction when the 1 km away from the coast line has to be for the sandy beaches, recharges for the purpose of coastal protection.
2-the Government within the policy of protection of the coastline, you can expand for duly justified reasons and in the light of the peculiarities of the estuaries, the limits laid down in paragraph. Republic.
Article 3. Artificial feeding of 1 beaches. For the purposes of this law means for artificial feeding of beaches the placement by artificial means of sandy materials at sites immersed or appropriate has a particular profile of sea in favour of wave energy dissipation and bathing use, simulating natural situations. 2. The origin of the sand for artificial feeding should be found in amounts which continue to be extracted for the maintenance of navigation channels.
Article 4 Regulation the Government regulations of this law shall, within 90 days from the date of your entry into force.
Article 5 entry into force the present law shall enter into force on the first day of the month following your publication.
Palácio de s. Bento, July 6 2005 Members
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