Extending For Three Years The Term Of Validity Of Preventive Measures Of Soil Occupation On The Site Planned For The Installation Of The Radar Station From The Serra Do Marão And The Surrounding Area, Established By Decree No. 50/2003 Of 27 October
Original Language Title: Prorroga por três anos o prazo de vigência das medidas preventivas de ocupação do solo no local previsto para a instalação da estação de radar secundário da serra do Marão e na área circundante, estabelecidas pelo Decreto n.º 50/2003, de 27 de Outubro
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1 PROPOSAL of law No. 100/X explanatory memorandum the European Convergence and implementation Plan imposes on Member States of the European Organisation for the safety of air navigation (EUROCONTROL), of which Portugal is part, the implementation of double cover secondary radar surveillance in all the flight information regions (RIV) under their jurisdiction. To complete the double cover secondary radar surveillance of the RIV of Lisbon, concerning the Mainland, air navigation of Portugal NAV Portugal, e. p. e., build a secondary radar station at Fraga of the Chapel, in the serra do Marão, Baião municipality. The position of this radar station in the current framework and topographic characteristics allow the cover also radio terminal of the Francisco Sá Carneiro Airport, for what will be an alternative to the approach radar that international airport which serves the North of Portugal. To avoid new construction or alterations to existing buildings or land use, which could jeopardize, encumber or hinder the construction and operation of that infrastructure, necessary for the maintenance of the quality and safety of public service of air navigation support in the airspace under Portuguese responsibility, were, under article 7 of the Decree-Law No. 794/76, of 5 November , and pursuant to Decree No. 50/2003, of 27 September, established preventive measures of soil occupation on the site planned for the installation of the radar station from the serra do Marão and the surrounding area. The period of validity of two years of these preventive measures, ended on 27 October 2005, having the same been extended by Decree No. 22-A/2005, of 27 October, for a period of one year, expiring on 27 October 2006. The plot of land where you intend to install the secondary radar station is located in a wasteland, under the administration of the parish of Teixeira (municipality of Baião), in turn integrated into the protected zone.
2 the location of land in protected area determines the need for the development of environmental studies, to be presented to the competent authorities in order to obtain the necessary permits and licenses, whose conclusion could not be undertaken within a period of extension established by Decree No. 22-A/2005. In fact, on this date, even if checks as required: a) Complete and submit the studies necessary for the fulfilment of environmental legal procedures that apply and wait for the development of the procedure with a view to their authorization; b) Consider the future destination of the land where the radar station will be installed, which may pass by the attempt, so far unsuccessful, to enter into contract of transfer of exploitation of the area with the municipality, or arrange for the public declaration of the property and the consequent expropriation; c) after the inauguration of the land, in accordance with the preceding sub-paragraph, to launch the procurement procedures required for the acquisition and construction of infrastructures of the radar station. Now, it is materially impossible to perform all these steps up to 27 October 2006, date of expiry of the period of validity of preventive measures currently in force, being sure it is meant that the three-year period now proposed for new extension is what allows promote the steps above referenced and others that will reveal appropriate with a view to the installation and operation of the radar station. Pursuant to paragraph 1 of article 9 of Decree-Law No. 794/76, of 5 November, unable to enact further extension of that deadline by simple decree-law. Finally, it is understood that there should not be any gap of time in the period of validity of such preventive measures, because any building that will be done in the area of influence of preventive measures do you Decree, can cause interference on the radar signal, making radar operation inevitably
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 3 unique article this law extends for a period of three years reckoned from 27 October 2006, the term of validity of preventive measures of soil occupation in the areas planned for the installation of the radar station from the serra do Marão , defined and delimited in Decree No. 50/2003 of 27 October.
Seen and approved by the Council of Ministers of 4 October 2006.
The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency
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