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1 PROPOSAL of law n. º 112/X explanatory memorandum to the Act No. 58/2005, of 29 December (water Law), transposed into national law the Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 (water framework directive), and established the foundations for the sustainable management of water and the institutional framework for the respective sector , based on the principle of the river basin district as the main unit of planning and management, as imposed by the mentioned Directive. In this context, the law of Water determines that the reformulation of the use of water resources by themselves started is completed by the adoption of a new regime on the uses of water resources and their titles. In view of the above, it is necessary to define the requirements and conditions of the assignment and the extension of use of water resources, spell out the conditions of regularization of the award, as well as establish the rules applicable to situations existing in physical form, materials essential to the full and correct application of the law of water. However, whereas the article on use of water resources fall, generally, in point v) of paragraph 1 of article 165 of the Constitution, in so far as it correlates to the arrangement of goods in the public domain, it follows that the proposed regulatory intervention needs to be performed by law of Parliament or by Ordinance allowed. In the present situation, we opted for the introduction of a Bill to permit, taking into account the legislative tradition of referring to mere Ordinance regulating the use of water resources, substantiated in Decree-Law No. 468/71, of 5 November and Decree-Law No. 46/94, of 22 February, as well as the provisions of paragraph 2 of article 102 of the law of Water which provides that its supplementary shaped magazine Regulation Ordinance. Were heard the Government organs of the autonomous regions and the National Association of Portuguese municipalities.
2 like this: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter Is the Government allowed to approve the supplementary law No. 58/2005, of 29 December, as designated in the Water Act regarding the use of water resources.
Article 2 purpose and 1 extension-the authorization referred to in the preceding article shall be granted in order to approve a new legal regime for the use of water resources in accordance with the procedure laid down by the law of the water, and the requirements and conditions of the assignment of use of water resources. 2-the legal regime that the Government is authorized to establish under the conditions laid down in the previous article sets: a) the entry for the prior grant of use of water resources in the event of deployment of services in support of maritime or fluvial navigation and infrastructure and equipment to support the public navigation, although located in banks and private beds related public waters Since massive investments involving and integrating service delivery such as points of sale for fuels, intended for the maintenance of ships, aid and surveillance or communications; b) entry for the prior grant of use of water resources in the event of deployment of industrial equipment or other infrastructures involving investments large depreciation over a period of more than 10 years, use of water resources of the maritime public domain for electrical energy production from the energy of the waves of the sea with an installed capacity exceeding 25 MW and simultaneous exploration and installation of equipment and beach support;
3 (c)) the conditions, terms and conditions for the issue of authorisations and licences for use of water resources and the allocation of the uses of the public domain, as well as the processing of administrative procedures in order to obtain the said evidence of use of water resources; d) the possibility of transmission of use of water resources, including the heirs and legatees, as long as you keep the requirements applied in your assignment and the transmission performed determines the subrogation of the purchaser on all rights and obligations of the transferor as during the period of validity of the title transmitted; and) conditions in which it is possible to carry out the transaction and the transfer of temporary licenses for catchment water and wastewater rejection, among which must be the need to ensure that the requirements for the award of the corresponding title, predicting the possibility of settlement in river basin management plan and intended use report to the same water catchment area; f) the procedure and the conditions for modification of use of water resources at the initiative of the competent authority or by the user, with the possibility of the user by the proportional reduction of the fee payable or the waiver of your right to private use in cases of reduction of the affected area to the private use of water domain; g) the claims of the holder of the title of use of water resources whenever held, under the title, investments in fixed installations, on the assumption of a minimum duration of use, and that the compensation be calculated for reporting to allow the enjoyment of the right holder, at the not yet amortized based on the straight-line method Depending on the duration and not implemented; h) the possibility of an extension, for once, the time limits of validity of use of water resources to allow the recovery of additional investments to initially made by users, provided that these investments are duly authorized by the competent authority, be shown that the same has not been nor could be recovered and which do not exceed the period total of 75 years; I) the conditions and the conditions for submitting applications for prior information on the possibility of use of water resources, including 4 definition of administrative fees to which they are subject and the definition of terms and the situations in which the answers given are binding; j) the definition of the assumptions, terms and conditions of use of water resources for the collection and water for human consumption or for other purposes, research and collection of groundwater, the production of electrical energy, wastewater discharge, recharging and artificial groundwater injection, immersion of waste, the use of hydraulic infrastructure, carrying out of sports competitions and maritime navigation-tourism , the installation of infrastructure and equipment, biogenéticas and marine crops, landfill sites and excavations, the extraction of inert, recharging of beaches and artificial assoreamentos or for construction, support, equipment and infrastructure to support road traffic; l) prohibition of the disposal of sludge to surface waters or groundwaters; m) the exercise of the duty to auto-tutela competent administrative authorities vis-à-vis individuals who misuse of water resources; n) fixing the procedure and the stipulation of a period of two years for users of water resources which do not have title to settle to your situation and may benefit from exemption from fines; the) the definition of a special regime for the settlement of securities assignment of use of water resources enterprises holding electroprodutores centres, providing for the possibility of continuation of use of water resources by the celebration of a concession contract within two years; p) the definition of administrative offences for violating the rules on use of water resources by reference to the nomenclature laid down by law No. 50/2006, of 29 August, and the establishment of compulsory sanctions in case of delay of payment of fines due.
Article 3 Duration the legislative authorization granted by this law lasts for 180 days.
Seen and approved by the Council of Ministers of January 11 2007 5 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 6
Law No. 58/2005, of 29 December (water Law), transposed into national law the Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 (water framework directive), and established the foundations for the sustainable management of water and the institutional framework for their sector, based on the principle of the river basin district as the main unit of planning and management as imposed by the mentioned Directive. In this context, the law of Water determines that the reformulation of the use of water resources by themselves started is completed by the adoption of a new regime on the uses of water resources and their titles, to which this Ordinance aims to match. The new scheme does not impose new licensing comes that they shouldn't be titled pursuant to Decree-Law No. 46/94, of 22 February, diploma now replaced. This decree-law before intends to put an end to a philosophy of a disincentive to economic activities related to water, creating a new relationship between the State and users of water resources based on the requirement of compliance with the law, but also in clear recognition of rights to users. In this sense, the new regime comes to consecrate the rights assigned to the user and frame with precision the terms in which the Administration can appeal the revocation of a security mechanism, being, in any case, required the prior hearing of the holder of the use. Moreover, whenever the holder of a use has held investments in fixed installations, shall be reimbursed the value of investment, in part still not amortized, according to the duration provided for in its title, and that cannot be fulfilled. A realization of a new approach to the relationship of the State with citizens users of water resources is the introduction of the principle of private rights, and it is up to the State and to the other competent authorities or their respective agencies and agents, to guarantee the rights of the private use of public goods subject to a use , responding civilly to the interested, in general terms, for all damages arising from the failure or lack of appropriate action to guarantee the ineffectiveness of their rights. This scheme shall also apply to the port administrations, as defined in the law of water, without prejudice to, in future, be approved a scheme for the port activity, given the sector's 7 specialties. On the other hand, notwithstanding the use duty match a title that is run by a user, the reality shows us that, in many situations, the same title appears to legitimize several main uses, either because it was composed originally, as with so-called multi-purpose projects, either because he spent going during the operation, as is the case for similar ventures. By your complexity and economic importance, it is necessary to accommodate this fact normatively and frame its operating regime to ensure rationally and effectively the quality standard for the management of water resources. The new regime also has concerns of administrative simplification, to make more rapid mechanisms while the allocation of securities. Therefore, alongside the figures of the concession and the licence, is introduced the figure of the authorization for some uses of water resources, such as buildings, demolition, alteration, deployment or repair of hydraulic infrastructure and water catchment. The application for authorisation may be tacitly accepted within 2 months from the submission of the application and verified the conditions for use. The authorization may be overridden even by a mere advance notification to the competent authorities when water abstractions are concerned with power equal to or less than 5cv, or in the cases provided for in the regulations of basin management plans or in the special plans of spatial planning applicable. Further and more generally, under the procedures provided for in this decree-law adopts the use of electronic means as a method of facilitating procedural formalities and shifts the obligation to obtain information held by public authorities to the sphere of administration. Another important innovation is the introduction of the possibility of trading bonds between users of the same watershed, since, among other requirements, the basin plan provides for this possibility and is not concerned the public water supply. Finally, one of the biggest obstacles to rational and sustainable management of water resources has been the lack of an up-to-date inventory of existing uses. To address this difficulty, the National System of information of use of water resources, managed by the Office of the water, passing the competent authorities for the issuing of securities for use be forced to 8 to your registration. This system, permanently updated, will improve the performance of the administration of water. Were heard the Government organs of the autonomous regions and the National Association of Portuguese municipalities.
So: pursuant to points (a)) and c) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: chapter I evidence of use of water resources section I General provisions article 1 Title of use of water resources the authorisation, licence or concession constitute evidence of use of water resources, in accordance with law No. 58/2005, of 29 December , and are regulated under that diploma and this decree-law.
Article 2 abuse 1-if any portion of the domain occupied abusively public water, or in carrying out any project unduly, the competent authority will require the offender to vacate completely or to demolish the works made by fixing a time limit. 2-Without prejudice to the application of penalties in the case fit and the liability of the infringer's gross for damage, after the period fixed by the competent authority, the latter shall ensure the replacement of the portion on the situation prior to the abusive occupation, and may for this purpose to make use of the public force and ordering the demolition of works on behalf of the offender. 3-When the expenditure incurred by the competent authority in accordance with the previous number 9 are not paid voluntarily within 20 days of notification for this purpose, these are charged in court in tax foreclosure process, serving as the enforcement order certificate by the competent authority to order the demolition, demonstrating the costs incurred. 4-If the person concerned invoke the ownership of a right on the busy, this should prove the condition stated and request its delimitation, the competent authority may authorise provisionally the continuity of use.
Article 3 content of the right to private use 1-licences and concessions for private use, while remain, conferring their holders the right to exclusive use, for the purposes and within the limits laid down in the respective title of incorporation of portions of the public water domain to which they relate. 2 permitted use involves the execution of works or changes, the right of private use covers construction powers, processing or extraction, as appropriate, on the understanding that both the buildings made as detachable installations remain the property of the holder of the licence or until their term expires. 3-once expired the deadline mentioned in the preceding paragraph, shall apply the provisions of paragraph 2 of article 69 of law No. 58/2005, of 29 December. 4-the competent authority shall transmit to the holder of the right to private use the land domain, provide it with the beginning of the use allowed.
Article 4 works 1-whenever the private use involves the execution of works by the person concerned, this submit its project to the approval by the competent authority, and shall perform the work within the time limits as laid down and in accordance with the approved project and with the laws and regulations in force. 2-the execution of the works shall be subject to the supervision of the competent authorities, whose
10 agents will have free access to the place of work. 3-Completed the works should the interested remove all debris and materials of those from to where they do not cause damage. 4-Without prejudice to the application of other penalties that fit, non-compliance with the provisions of this article shall be punished with the sanction stipulated in title or will, if carried out works without approved project or with disrespect of the approved project, your compulsive demolition, in whole or in part, by the offender's account. 5-the person responsible for all losses that cause the execution of the works. 6-work performed may not be used for purpose other than the stipulated in the constitutive title without the permission of the competent authority. 7-the works and buildings constructed on public land cannot be sold, directly or indirectly, nor pledged or mortgaged without the authorisation of the competent authority for the licensing of the use of water resources. 8-violation of previous paragraph regardless of invalidity of the Act of transfer or encumbrance, without prejudice to other penalties that fit case.
Article 5 Self-control, monitoring programmes and emergency response plans 1-the holder of the permit or the dealer must install a system of self-monitoring and or appropriate monitoring programmes to the respective uses where this facility is required with the issuance of the respective title. 2-the characteristics, the procedures and the frequency of sending records to the competent authority shall form an integral part of the content of the respective title. 3-The burden of installation and operation of the own-checks system and or monitoring programmes are the responsibility of the holder of the licence or lease. 4-the holder of the licence or concession keeps track of updated values of self-control and or monitoring programmes, for the purpose of inspection or supervision by the competent authorities. 5-users operating installations which may cause significant impact on the State of the waters are still required to set 11 accident prevention measures and contingency plans to minimize their impacts. 6-any accident or serious anomaly in the operation of the installations, in particular with the conditions for the disposal of residual waters or in the State of water bodies, shall be communicated by the operator to the competent authority within 24 hours of your report.
Article 6 protection of private rights 1-whenever any portion of the public domain to meet assigned to a private use and this is disturbed by abusive occupation or otherwise, can the holder of the relevant licence or concession request the competent authority to take the measures referred to in article 2 or others that are more effective to guarantee their rights. 2-the State and the other competent authorities, or its organs and agents, respond civilly to the interested, in general terms, for all damages arising from that for this lack, inadequacy or inappropriateness of the appropriate measures to guarantee their rights.
Article 7 1 multi-purpose ventures-The ventures of multi-purpose originally formed to perform more than one main use are managed in each case by a single public or private entity. 2-the enterprises are operated by a legal person governed by public or private law, although public capital, through concession contract granted by the Member of Government responsible for the area of the environment, and the tutelage over the concessionaire with regard to water resources to this member of the Government in conjunction with the Minister responsible for the sector of activity concerned. 3-the concession contract referred to in the preceding paragraph may, upon compliance with the provisions of article 13, be powers for licensing and monitoring the use of public water resources by third parties. 4-Without prejudice to the special procedure to be adopted in accordance with paragraph 3 of article 76 of the law No. 58 12/2005, of 29 December, the multi-purpose enterprises shall apply the provisions of this decree-law.
Article 8 equivalent 1-Enterprises consider themselves assimilated the multi-purpose developments those enterprises that, although originally formed to perform only a main use, passed or have conditions for, in the course of your holding, perform other main uses. 2-The rural water schemes and the hydroelectric dams that, according to the regime applicable respectively, are or should be managed on the basis of concession, are classified as similar ventures the ventures of multiple purposes.
Article 9 national information System of water resources 1-Use registration and the characterization of the uses of water resources, whatever the licensor, are carried out through the National System of information of use of water resources (SNITURH) in accordance with article 73 of law No. 58/2005, of 29 December. 2-it is the INAG, within the framework of the implementation of the SNITURH, ensure your computer operation, based on the communication made by licensors in the allocation of titles of uses of water resources. 3-registration and the characteristics referred to in paragraph 1 shall be carried out by the licensors, as part of their licensing and supervisory skills. 4-the SNITURH must create mechanisms that enable it to comply with the provisions of paragraph 3 of article 90 of Act No. 58/2005, of 29 December, being the responsibility of the inspectors to update your. 5-If there is an anomaly in the SNITURH that impede or prevent the registration mentioned in the preceding paragraph, it is incumbent upon the INAG ensure your update through communication by the licensor. 6-registration and communication, to be carried out before the issue of the respective title, have 13 mandatory. 7-When to use respect the activity subject to environmental license, this license is also subject to registration in SNITURH.
SECTION II Attribution of use SUBSECTION I General provisions article 10 Decision assigning A title of use of water resources depends on compliance with the provisions of law No. 58/2005, of 29 December, of the provisions of this Ordinance applicable thereto, other applicable legislation, as well as the absence of a) actual or potential uses of water resources , recognized as a priority and not compatible with the application; (b)) the opportunity to reconcile the use with pre-existing rights; c) in the case of groundwater catchment research, compliance with the requirements for the intended capture; d) the absence of binding opinions unfavorable to the entities found at procedure, as well as the resulting from publicity phase, when the same there's place.
Article 11 Request prior information 1-Any person concerned may submit to the competent authority an application for prior information on the possibility of use of water resources for the purpose intended. 2-the application referred to in paragraph 1 shall include: a) identification the intended use;
14 b) the exact indication of the desired location, particularly with geographic coordinates. 3-the competent authority decides to request prior information within 45 days from the date of your receipt. 4-prior information binds the competent authority provided that the application for the title to be submitted within one year from the date of your notification, exceptionally extendable by reasoned decision, without prejudice to the resulting constraints and the respect for the rules of the contest decisions or opinions, with binding, issued subsequently in the context of licensing.
Article 12 the competent authority 1-use titles are assigned by the administration of the river basin district, or local jurisdiction designated ARH. 2-in the case where the use takes place in more than one territorial area, the responsibility for licensing the ARH where is the largest area occupied by the use or the impossibility to follow this criterion, the entity that has jurisdiction in the area where is located the main intervention. 3-In areas of jurisdiction of the maritime authorities is the responsibility of the captains of the ports license the beach support referred to in paragraph 2 of article 63. 4-it is the INAG to define and harmonise the procedures necessary for the assignment of use of water resources.
Article 13 delegation of powers 1-ARH may delegate its powers in respect of licensing of the use of water resources, in accordance with paragraph 7 of article 9 of law No. 58/2005, of 29 December, which are pursued by the delegatee in accordance with instructions provided by delegating authority. 2-When is concerned water quality, delegatárias authorities subject to the approval of the ARH conditions set in its title.
15 3-without prejudice to be set out in its instrument of delegation of powers, delegatárias authorities are still required to submit the studies, plans and monitoring programs that will be requested by ARH. 4-the ARH may delegate the powers referred to in paragraph 5 of article 70 of law No. 58/2005, of 29 December, since, arguably, users who belong to the Association demonstrate ability to manage their respective titles, namely respect for the objectives of quality and economically sustainable water use. 5-Notwithstanding the provisions of other applicable legislation, the ARH can still challenge the delegated powers relating to licensing, in particular: (a)) when the suspension or review of the plans; b) during special situations, particularly drought and floods; c) when the failure of the plans or the guidelines of the delegator for the entity to whom the competence has been delegated; d) when failure to comply with the provisions of paragraphs 2 and 3. 6-the provisions of paragraphs 2, 3 and 4 of this article shall apply, mutatis mutandis, to the delegation of competence referred to in paragraph 1 of article 13 of law No. 58/2005, of 29 December. 7-the jurisdiction delegated to the entities referred to in point (a)) of paragraph 7 of article 9 of law No. 58/2005, of 29 December, can be sub-delegated in association of municipalities composed of municipalities covered by the delegation, by express reference in the instrument that the delegation, without prejudice to the power of ' laid down in paragraph 5.
Article 14 Presentation of requirements 1-applications may be submitted by interested in paper form or, when possible, in electronic form and by electronic means. 2-the applications are accompanied by a declaration attesting to the authenticity of the information provided, which must be signed by the person concerned, or by your legal representative in the case of legal persons, being the signature replaced, in the case of application filed in electronic form and by electronic means, by means of electronic certification available.
16 3-the initial application request for issuance of title is filed with the competent authority, accompanied by the following elements: a) document from which the record: i) the identification of the applicant and your tax identification number; II) descriptive elements of use defined in Ordinance to be approved by the Member of Government responsible for the area of the environment. (b)) other documents considered by the applicant as relevant to the examination of the application. 4-within ten days of the submission of the initial application, the competent authority verifies that the application is accompanied by all the required elements, and may request to that effect, for once, the provision of information or additional elements, as well as your addition or recast. 5-When the person concerned to present the initial application in electronic form and by electronic means, the subsequent communications between the licensor and the interested under their procedure is carried out by electronic means. 6-the competent authority may, within the period laid down in paragraph 4 and instead of communication there, call the applicant for holding a Conference in which rules are discussed all aspects deemed necessary for the good order and decision eventually requested additional supporting elements. 7-in case the applicant does not join the elements requested by the competent authority pursuant to the previous paragraphs within 60 calendar days of notification of request elements, or the join so deficient or insufficient, the claim is flatly rejected. 8-the period referred to in the preceding paragraph is exceptionally extendable by a decision stating the full reasons therefor.
Article 15 Consultations 1-Without prejudice to the provisions of other legislation or regulations, issuing the following titles lacks the realization of the following queries: a) the issuance of the permit for the disposal of waste water in the agricultural or forestry 17 soil lacks favourable opinion of the regional directorates of agriculture and health territorially competent; b) the issue of the securities for use of water domain for the installation of the establishments provided for in articles 73 and 74 of this Ordinance requires the assent of the Directorate-General of fisheries and aquaculture for brackish water, salted and their beds, or of the Directorate General of forest resources, abbreviated designated DGRF, in the case of dulceaquícolas establishments; c) issuing title hydraulic infrastructure deployment needs of favourable opinions issued by the safety of dams, under the provisions of Decree-Law No 11/90, of 6 January, or in Decree-Law No. 409/93 of 14 December, and the DGRF, for fish passages devices; d) the issuance of the license for use of boats moored or anchored, with no means of locomotion or sealed itself, lacks the opinion of the competent body in the field of floating material and safety of navigation; e) in the cases referred to in paragraph 3 of article 12, the license issue lacks favourable opinion issued by ARH, pursuant to paragraph 5 of article 11 of Decree-Law No. 309/93, of 2 September, as amended by Decree-Law No. 218/94, of 20 August; f) the issue of use of the maritime public domain that might affect maritime security, the preservation of the marine environment or other attributions of the National Maritime Authority, must be preceded by a favourable opinion of this authority; g) the issue of the securities of use that may affect the port and navigation safety requires the assent of the port administration in whose area of jurisdiction subscribes or Port and maritime transport Institute, abbreviated designated ENIMEN, whenever the title shouldn't be issued by it; h) the issue of securities that has economic impact on exploitation of existing port infrastructures requires the opinion of the port administration or the ENIMEN, whenever the title shouldn't be in these issued; I) the issue of the securities for uses for the production of electricity of more than 18 100 MW lacks favourable opinion of the Directorate-General for Geology and energy, abbreviated designated DGGE. 2-the competent authority promotes the consultations referred to in paragraph 1, as well as other legal and administrative regulations that are required within 15 days of receipt of the application or the receipt of additional elements referred to in paragraphs 4 to 6 of the preceding article. 3-at the end of the period laid down in the preceding paragraph, the applicant may request the passage of promotion certificate of due consultations. 4-If the certificate referred to in the preceding paragraph is negative or is not issued within its time limit, the person concerned can promote their queries directly or ask the Court that promote or condemn the competent authority to promote them. 5-an opinion within 45 days from the date of promotion of the consultations provided for in the preceding paragraphs is equivalent to issuing a favourable opinion, except where subparagraph (c)) paragraph 1:00 pm is the security of people and goods. 6-When the available means the allow and the competent authority so determine, the opinions provided for in this article may be issued in Conference services, which may be held by electronic means. 7-the opinions referred to in the preceding paragraph are reduced to written in the minutes of the Conference signed by all those in attendance, or documented through other means that the position taken by the representative of the entity referenced.
SUBSECTION II Authorization article 16 prior communication 1-the authorization may be overridden by the mere advance notification of initiation of use to the competent authorities, in accordance with the terms and conditions contained in Regulation annexed to the basin management plan or special plan of land use planning and in the case referred to in paragraph 4 of article 62 of law No. 58/2005 , 29 December.
19 2-the communication referred to in the preceding paragraph is made in writing, addressed to the competent authority and containing the elements established by Ordinance referred to in point (ii))) (a) of paragraph 3 of article 14 of the present Decree-law.
Article 17 request for authorisation the authorisation shall be deemed to have been tacitly granted in the absence of express decision within 2 months from the date of your presentation and not check any of the assumptions that impose the refusal, except in the cases of catchment water for human consumption.
Article 18 authorisation has been issued With the final decision, is issued and sent to you within 15 days its use title containing their terms, conditions and technical requirements, under the terms established by Ordinance referred to in point (ii))) (a) of paragraph 3 of article 14 of the present Decree-law.
SUBSECTION III License article 19 Uses subject to license
Lack of prior licenses private uses of water resources referred to in law No. 58/2005, of 29 December, as well as: a) the realization of research works and construction for the abstraction of groundwater in the public domain; b) electric power production from the energy of the waves of the sea, when the installed rated power does not exceed 25 MW.
20 article 20 1 Procedure-Without prejudice to the provisions of the following article, the use license is assigned by the competent authority through application by the private. 2-the request is appreciated and decided within 45 days after the end of the consultations provided for in article 15 of this decree-law.
Article 21 Permits subject to contest 1-are assigned through tendering procedure, in accordance with this article, subject to license uses: a) extraction of inert in margins and related beds public waters in volume of more than 500 m 3; b) occupation of the public domain, except in cases of discharge of waste water, and artificial injection in recharging groundwater or in jurisdiction of public uses port with a term not exceeding one year; c) installation of beach on the grounds of the public domain. 2-in the case of the occupation of the public domain subject to contest to be associated with the use of water resources, the contest will focus on all the uses. 3-When the assignment of the licence as a result of public initiative, the conduct of the tendering procedure is the following: a) the competent authority shall publicise the terms of the license use by means of a notice in Gazette and posting notices where listed the main characteristics of the use in question, the selection criteria and the elements set out in the Ordinance referred to in point (ii))) (a) of paragraph 3 of article 14 of this Ordinance by inviting interested parties to submit proposals within 30 days, with the respective operating conditions; b) the proposals are not admitted: i) when received outside the time limit laid down;
21 ii) When do not contain the elements required in the notice; c) Received the proposals, the jury shall, within 30 days of the expiry of the deadline for its presentation, a report in carrying out the assessment of the merit of the same and the orders for the purposes of attribution of the license in accordance with the criteria laid down in the invitation to tender; d) Ordered the competitors, the selected candidate first initiates the licensing procedure referred to in article 20, within one year, renewable for an equal period and by once; and if the competitor does not fulfill) the provisions of the preceding paragraph, or if the request is rejected, it is notified to the same effect the candidate graduated immediately after and so on until it runs out the duration of the validity of the contest. 4-When the assignment of the licence as a result of request from the particular to the competent authority the conduct of the tendering procedure is the following: a) the applicant presents a request for assignment of license, which set out the subject-matter and the characteristics of the intended use; b) the competent authority shall publicise the application submitted, through the posting of notices and publication style locations during the period of 30 days, opening the Faculty of other interested may request the issuance of the title with the object and purpose for use advertised or present objections to the award of the same; c) after the deadline referred to in the preceding paragraph without having lodged an application competitor, is started the licensing procedure referred to in article 20, within one year, renewable for an equal period and by once; d) If during the period referred to in point (b)) are lodged identical Attribution license, the competent authority launches a tendering procedure between the parties concerned, following the conditions laid down in the preceding paragraph, with any necessary adaptations. 5-in the cases referred to in the preceding paragraph, the first applicant enjoys the right of preference since that report, within 10 days of notification of the choice of the proposal, subject to the conditions of the tender selected, except in the case of the previous holder to express interest in continued use, in which case if you will notice the provisions of paragraph 7.
22 6-in cases where the competition provided for in paragraph 3 be desert, can the license be granted, under the conditions put out to tender, to the former holder. 7-Without prejudice to the licensing scheme of wastewater discharges, the previous holder can demonstrate to the competent authority the interest in continued use within one year before the expiry of the respective title, boasting of the right of preference, since, within 10 days after the award of the tendering procedure provided for in paragraph 3 or paragraph 4 communicate subject to the conditions of the tender selected. 8-in the case referred to in the preceding paragraph may exceptionally be extended the validity of the title for use until the final decision of the tender procedure and cannot, in any case, such extension exceed the maximum period of two years.
Article 22 1-license has been issued With the final decision, is issued and sent to the user the corresponding title for use with the respective terms, conditions and technical requirements, under the terms established by Ordinance referred to in point (ii))) (a) of paragraph 3 of article 14 of the present Decree-law. 2-the issuance of the permit is subject to the provision of adequate security to ensure compliance with the obligations in question, whose regime and amount set out in the annex to this decree-law, which is an integral part. 3-the holder of the licence may be exempt from the application of the provision of security for environmental recovery, depending on the type of intended use and since this is not likely to cause significant impact on water resources. 4-the title to use for the implementation of hydraulic infrastructures is issued simultaneously with the title of water harvesting. 5-the title for use of groundwater is issued within 15 days of the date of approval of the report referred to in paragraph 3 of article 41 of the present Decree-law.
23 SUBSECTION IV Granting article 23 uses of public domain subject to grant 1-are subject to the prior granting private uses of water resources referred to in law No. 58/2005, of 29 December, as well as: a) the deployment of services in support of maritime or fluvial navigation, since considerable investments involve and integrate the provision of services such as , points of sale to petrol, for the maintenance of area boats, aid and surveillance or communications; b) infrastructure and equipment to support the public navigation, although located in banks and private beds in public waters, provided related which are the characteristics of (a)); c) deploying industrial equipment or other infrastructure involving large investments, amortisation over a period of more than 10 years; d) the use of water resources of the maritime public domain for electrical energy production from the energy of the waves of the sea with an installed capacity exceeding 25 MW; and simultaneous installation and exploitation) of beach equipment and support referred to in paragraphs 1 and 3 of article 63 of the present Decree-law. 2-the application of the system of granting to the exercise of an activity in which there are multiple uses, in accordance with paragraph 2 of article 60 of law No. 58/2006, of 29 December, shall be without prejudice to compliance with the specific requirements of all uses.
Article 24 1 concession assignment-grant is awarded through tendering procedure, in accordance with this article, and may also be directly attributed by law to public business entities and other public enterprises who should fit the holding of 24 multi-purpose enterprises. 2-Notwithstanding the previous paragraph, the selection of the concessionaire is accomplished through public tender pre-contractual procedure where the assignment of the concession work of public initiative. 3-the Government can promote the implementation of public hydraulic infrastructures intended for the production of hydroelectric power exceeding 100 MW, and in these cases the grant awarded through tendering proceeding under the conditions laid down for each concession, by resolution of the Council of Ministers. 4-the tender referred to in paragraph 2 is carried out, mutatis mutandis, in accordance with the rules on the award of public works contracts or supplies and procurement of goods and services, according to the grant implies or not works, previous holder may exercise the right of pre-emption in accordance with paragraph 7 of article 21 of this decree-law. 5-When the assignment of the concession result of request from the particular to the competent authority, the choice of the operator complies with the provisions.
the 4 to 7 of article 21, mutatis mutandis. 6-Without prejudice to the preceding paragraph and when the number of claims submitted the appropriate, the competent authority may decide that the selection of the concessionaire is held by public tender pursuant to paragraph 4, the rights of first refusal referred to in paragraphs 5, 6 and 7 of article 21 7-If the former holder manifest to the competent authority the interest in continued use the period of use can be exceptionally extended to the final decision of the tendering procedure and cannot, in any case, such extension exceed the maximum period of five years.
Article 25 1-concession contract the concession contract of private use of water resources in the public domain, in particular, on their terms, conditions and technical requirements, under the terms established by Ordinance referred to in point (ii))) (a) of paragraph 3 of article 14 of the present Decree-law. 2-the period of the concession, which may not exceed 75 years, shall be fixed taking into account the nature and size of investments associated with, as well as to your 25 economic and environmental relevance. 3-When there is no place for the construction of infrastructure or to carry out research for abstraction of groundwater, the concession contract shall provide for the time limit for your conclusion, considering, for the purposes of the preceding paragraph, the date of commencement of operation as starting date of the period of concession. 4-the conclusion of the concession contract is subject to the provision of adequate security to ensure compliance with the obligations in question, whose regime and amount set out in the annex to this Ordinance. 5-the holder of the concession can be exempt from the application of the provision of security for environmental recovery, depending on the type of intended use and since this is not likely to cause significant impact on water resources.
SECTION III Vicissitudes of securities subsection I transmission and transaction of use article 26 transfer of titles to use 1-the title is transferable in accordance with the provisions of paragraphs 1, 2 and 3 of article 72 of Act No. 58/2005, of 29 December, and since they remain the requirements applied in your assignment , getting by this effect you subrogated in all the rights and obligations of the transferor for the duration of the term of the respective title. 2-the use of water resources of natural persons are transferred to their heirs and legatees, the competent authority may declare the lapse of title within six months after the broadcast, it becomes apparent that there are not the conditions necessary for the issuance of the title or the new holder does not guarantee compliance with the conditions of the securities. 3-the authorization decision of transmission referred to in paragraph 3 of article 72 of Act No. 58/2005, of 29 December, is issued by the competent authority within 15 days of the submission of their application.
26 4-transmission is indicated by its title, which for this purpose is referred to the new holder. 5-violation of paragraph 1 matter the nullity of acts of transfer or encumbrance, without prejudice to other penalties that fit case.
Article 27 temporary Transaction and of water use 1 – can be traded the licenses for the uses provided for in (a)) and b) of paragraph 1 of article 60 of law No. 58/2005, of 29 December, and temporarily ceded use emerging rights of those titles without requiring to obtain administrative authorisation, whenever cumulatively: the) refer to uses in different locations within the same river basin and for which provision is made for this possibility in their River basin management plan; (b)) the transaction or transfer does not involve the transmission of securities for use relating to public supply for other uses; c) are met the requirements for the award of the title. 2-Notwithstanding the previous paragraph, the license transaction for wastewater discharge is only admissible when it is intended for the same activity and contains the same parameters and their emission limits and the own-checks programme. 3-the transferor shall notify the competent authority of the transaction at least one month prior to the date on which the same effect. 4-the notification is irrevocable and must include all conditions of the transaction, the competent authority may exercise the right of first refusal under the conditions declared until 15 days before the date on which the transaction shall take effect or, in the same period, notify the parties of the impossibility of carrying out of the transaction for violation of the provisions of paragraph 1. 5-If the competent authority to exercise the right of pre-emption, the title is changed accordingly as soon as they have been fulfilled the conditions of the transaction. 6-not being exercised the faculties referred to in paragraph 4, the competent authority shall amend the title in accordance with the declared transaction, 27 in particular elements that refer to the identification of the holders, the location of use, the percentages assigned and the calculation of the rate of water resources legally due. 7-As the title is not changed, the transferor keeps all obligations assumed before the competent authority, in accordance with the procedure in force prior to the transaction. 8-Can be created an organised market transaction permits and concessions and temporary concessions of rights that respects the principles of advertising and free competition, whose legal regime decree-law shall be included.
SUBSECTION II control, modification and cessation of titles article 28 Revision of 1-use titles of use may be modified at the initiative of the competent authority, albeit in temporary terms, whenever:) there is a change in the circumstances of fact existing at the date of issue of the title and determinants of this, particularly the deterioration of the conditions of the water; b) substantial and permanent changes Occur in the qualitative and quantitative composition of raw effluents or after treatment, as a result, in particular, raw material substitution, of changes in manufacturing processes or increase of production capacity that the warrant, or in the event of a change of the best available technique; c) monitoring or other data indicate that cannot be achieved the environmental goals, as referred to in article 55 of law No. 58/2005, of 29 December; d) is necessary to your suitability to territorial management instruments and the River Basin Management Plans; e) there is a drought, natural disasters or other cases of force majeure. 2-the competent authority can still modify the titles for use when it is clear that their ends can be pursued with smaller amounts of water or with most effective techniques for the use and conservation of the resource and since 28 that the review does not involve excessive cost in relation to the environmental benefits achieved. 3-the holder is compensated pursuant to paragraph 3 of article 32 of this law, if you forgo the continued use as a result of the review. 4-in the case of concession, the preceding paragraphs are without prejudice to the stipulations in the contract nor the principle of economic-financial balance of the concession.
29 Article 30 area reduction
1-when the area allocated to private use is reduced as a result of any natural causes or for convenience of public interest, the user can choose the proportional reduction of the fee payable or the waiver of your right to private use. 2-the user is entitled to compensation calculated in accordance with paragraph 3 of article 32, if you opt for the renunciation of grant when the affected area to the private use is reduced for reasons of public interest.
Article 31 cessation of use 1-the cessation of use of water resources in the public domain before the expiry of the period specified in its title depends on the submission of an application for renunciation by the proprietor and the acceptance of this by the competent authority. 2-the application for waiver shall be submitted to the competent authority, accompanied by documentation demonstrating that:) the termination will not produce any environmental liabilities; and (b)) the cessation not result substantial and permanent changes in the qualitative and quantitative composition of raw effluents or after treatment, or is placed at risk the achievement of the environmental objectives. 3-the competent authority decides the waiver request within 45 days of the date of submission of the application and, within that period, perform the surveys that considers necessary. 4-the competent authority may ask the operator, within 15 days, and for once, you understand why information relevant to the decision to produce, suspending the time limit referred to in the preceding paragraph until their presentation. 5-the competent authority may subject the acceptance of the request for a waiver to the fulfillment of conditions to ensure that no verification of the effects referred to in paragraph 2, in particular by determining the user the adoption of mechanisms to minimize and correct negative effects to the environment.
30 article 32 Abrogation of use 1-use titles are wholly or partially revoked in the cases provided for in paragraphs 4 and 6 of article 69 of law No. 58/2005, of 29 December, and when any of the following situations: the unviability of your review) for the purposes set out in paragraph 1 (b)) and c) of paragraph 1 of article 28 of this Ordinance; b) the failure to provide or maintain security or insurance policy under the conditions laid down by the competent authority; c) lack of installation of own-checks system provided for in article 5 of this Decree-Law; d) not sending data relating to autocontrol in accordance with the frequency required, pursuant to article 5 of this Decree-Law; and) non-payment of the lawfully payable rate of water resources, where the live continues for more than one semester. 2-the repeal of the securities is determined by the competent authority if the holder, although warned of the failure, not cure the failure within which it is set. 3-in the situations referred to in subparagraph (a)) of paragraph 1, the holder of the title, where held, under the title, investments in fixed installations, on the assumption of a minimum duration of use, shall be reimbursed the value of the investment in shares which would allow the enjoyment of the right holder, at the not yet amortized based on the straight-line method Depending on the duration and not implemented. 4-Communicated the revocation, the holder of the use shall, within 10 days, proceed to delivery of its title to the competent authority. 5-the continuation of the use of water resources after the communication referred to in the preceding paragraph is illegal, assuming there is serious harm to the public interest in the continuation or resumption of the use by the holder of the title revoked.
31 article 33 use titles Lapse shall expire: a) With the deadline set; (b)) With the extinction of the legal person that is your holder; c) on the death of the natural person who is your holder, if the competent authority finds that the conditions are not for the transmission of title; (d)) With the Declaration of insolvency of the holder.
Article 34 1-License Term subject to special legislation, with the term of the permit, the holder shall surrender their title with the competent authority within a period of 15 days and remove, within which it is fixed, demountable and installations works executed and fixed installations were demolished, except if the competent authority is to opt for the reversal on a royalty-free basis. 2-when you have to carry out the demolition or removal of premises, the licensee restores the situation that existed prior to the execution of the works, within which will be fixed by the competent authority. 3-the competent authority may impose on the user, within 30 days after the delivery of the title, the adoption of measures to eliminate or minimize the change in the qualitative and quantitative composition of raw effluents or after treatment and failure to comply with environmental objectives resulting from the use. 4-the licensee for sewage discharge into the waters or soil may request the renewal of your license within six months before its expiry, if the conditions that determined the your assignment. 5-the research license is valid for a period of up to one year.
Article 35 the concession Term 1-With the term of the concession, and without prejudice to the provisions of the relevant contract, free to revert the 32 State assets and resources that directly engaged, the works performed and the facilities built under the concession, in accordance with the provisions of the following article. 2-at the end of the period set, when the holder of the concession has invested additional to those initially foreseen in the concession contract duly authorised by the competent authority and demonstrate that they have not yet been or would have been retrieved, this entity may choose to repay the unrecovered value or, exceptionally and for once, extend the lease for the period necessary to allow the recovery of investments and in any case the total period exceeding 75 years. 3-the extension of the periods of hidroelectroprodutores centres is calculated according to the criteria laid down in Ordinance to be approved by the members of the Government responsible for the areas of environment and energy, and in any case the total period exceeding 75 years. 4-in the case of an extension of the concession contract, it is not allowed to carry out any other investment in the period of extension, except when necessary to ensure the safety and operability of the exploitation.
Article 36-1 Reversal Declared the expiry or checked any other cause the extinctive concession contract/licence, ownership in goods that were donated to the State, as set out in the following paragraphs. 2-When there is place the reversal of the assets to the State, and without prejudice to the established in the corresponding title, the competent authority takes possession in goods subject to reversal, notifying interested parties conducting survey ad perpetuate rei memoriam. 3-the survey referred to in the preceding paragraph is carried out by three named: a) by the competent authority, by the INAG and DGGE, when facilities are concerned the production of electrical energy; (b)) by the Water and waste regulator when supply systems are concerned; c) by the Directorate General for agriculture and Rural Development, when 33 agricultural facilities systems are concerned; or d) or port administrations ENIMEN for uses in which have participated in the process of issuance of the respective title. 4-The survey referred to is a self which consists, in particular, the inventory of goods that accrue to the State, the State of conservation, the description of the qualitative and quantitative composition of raw effluents or after treatment and the fulfilment of environmental goals, as well as the proposed takeover, to be approved by the administrative leaders of departments participating in the survey. 5-the competent authority may impose on the user, within 30 days after the completion of the inspection referred to in the preceding paragraph, the adoption of measures to eliminate or minimize the change in the qualitative and quantitative composition of raw effluents or after treatment and failure to comply with environmental objectives resulting from the use. 6-the goods necessary for the operation of the establishment covered by the concession contract that aren't reverted back to the State by effect of the termination of the contractual relationship may be expropriated for reasons of public interest, without prejudice to the possibility of issuing new license or concession for the operation of the same.
SECTION IV other schemes article 37 Use subject to environmental impact assessment
1-in the case of use subject to environmental impact assessment in accordance with the applicable legislation, the procedure of assignment of title of use can only start after the issue of environmental impact statement favorable or favorable or conditionally discharge decision on the environmental impact assessment procedure. 2-in cases where the title is issued through use of tendering, the procedure of environmental impact assessment occurs subsequently to your home, observing the provisions of articles 21 and 24 of this decree-law with the following adaptations: 34 a) Ordered the competitors, the selected candidate first starts the procedure of environmental impact assessment within a maximum of one year, renewable for an equal period and by once; b) If the competitor doesn't comply with the established in the preceding paragraph, or if the environmental impact assessment procedure to meet suspended for more than six months since her part, is notified for the purposes of awarding the title to use the candidate graduated immediately after and so on until it runs out the duration of the validity of the contest. 3-If the opinion of the competent authority and the environmental impact statement are favorable or conditionally favorable, is recognized the public interest by order of the President of the INAG, upon publication in the Official Gazette, which replaces the procedure of recognition of public interest referred to in subparagraph (c)) of paragraph 3 of article 4 of Decree-Law No. 93/90, of 19 March.
Article 38 1-port Administrations pursuant to paragraph 2 of article 13 of law No. 58/2005, of 29 December, public water domain areas earmarked for port administrations, comprising all organisms and entities to whom the law confers the management of port areas, use of water resources of such administrations is assigned by joint Ordinance approved by the members of the Government responsible for the areas of environment and transport and may the same assign to third parties use titles in these areas under delegated powers by that Ordinance. 2-the Ordinance referred to in the preceding paragraph lays down, in particular, the area covered by the conditions of use dredging and landfill of inert, the conditions of individual or diffuse discharges from port activities, the establishment of monitoring programmes, the water resource fee applicable in accordance with the legislation in force and the terms of participation in the preparation of studies and land-use plans covering water resources in your area of jurisdiction. 3-the provisions of article 13 of law No. 58/2005, of 29 December, and in the preceding paragraphs shall not affect the legal regime of public service concessions of 35 cargo handling in port areas, or other concessions, licenses and authorisations for uses port and logistics, including complementary uses, accessories or subsidiaries, concluded under specific arrangements applicable in the areas of port jurisdiction or the concessions granted under Decree-Law No. 254/99, of 7 July.
Article 39 Uses covered by the Convention for the protection and sustainable use of the waters of the Spanish-Portuguese hydrographic basins where the application of use causes or is likely to cause transboundary impact, the procedure of assignment of title is suspended during the period of consultation of responsible authorities of the Kingdom of Spain, to be carried out in accordance with paragraph 1 of article 71 of law No. 58/2005 , 29 December.
CHAPTER II section I Uses catchment water article 40 1-Notion is understood as the use of catchment water volumes of water, surface or groundwater, with or without retention, namely for the following purposes: a) human consumption; b) Watering; c) industrial Activity; d) hydroelectric energy production; and recreational or Leisure Activities). 2-for situations involving infrastructure construction still apply the provisions of section VI of this chapter.
36 article 41 Research and collection of groundwater 1-abstraction of groundwater, whatever your purpose, comprises the following stages: a) research, which consists of the set of operations and technical procedures or mechanical probe, deepening and excavation, carried out for the purpose of determining the existence, in quantity and quality of groundwater; b) implementation of the well or borehole, which consists of the set of works and technical procedures to enable your farm; c) operation, consisting of the College to use of groundwater in accordance with the conditions laid down in the respective title. 2-research and execution of pit or hole are subject to the following requirements: a) in the execution of the work, no matter what your purpose, should proceed in such a way that there is no chemical or bacteriological pollution of underground water to explore, either by surface water infiltration or runoff or groundwater mixture of poor quality; b) wells or boreholes and catchment water research repuxantes are fitted with devices that prevent water wastage; c) in the case of the search result negatively or need capture replacement due to technical error, the company responsible for executing the work is responsible for replacement of the ground in the initial situation and in accordance with the instructions of the competent authority; d) is observed a minimum spacing of 100 m between the captures of different users of the same mass of groundwater, and may, when technically well-founded, the ARH set a different limit. 3-the user presents, within 60 days after the completion of execution of the well or borehole, a report demonstrating the proper execution of the work containing the elements defined in the Ordinance referred to in point (ii)) (a)) of paragraph 3 of article 14 of the present Decree-law.
37 article 42 water collection for human consumption 1-abstraction of water for human consumption aims at public or private supply. 2-A public supply system produces water for human consumption, in accordance with the requirements set out in Decree-Law No. 243/2001, of 5 September, under the responsibility of an entity, whether distributor autarchy, concessionaire, business entity or any other that is invested in responsibility for the activity. 3-A particular supply system produces water for human consumption under the responsibility of a particular entity and can only work in the condition of impossibility of access to the public water supply, being subject to the legal requirements for this type of use. 4-The public supply systems must be environmentally sound efficiency rates set out in the national programme for the efficient use of water.
Article 43 protection perimeters to contour captures for the public water supply 1-the delimitation of the perimeters of protection of surface and groundwater abstractions for public supply of water for human consumption is carried out in accordance with article 37 of law No 58/2005, of 29 December, and observing the provisions in the Ordinance to be approved by the Member of Government responsible for the area of the environment. 2-proposals for delimitation of girth and its conditionings are drawn up by the competent authority on the basis of the proposals and their own studies which are submitted by the applicant. 3-the delimitation of protection perimeters and their constraints defined for the funding intended for the public water supply for human consumption are carried out by Ordinance to be approved by the Member of Government responsible for the area of the environment. 4-the title to use for the capture for public supply presupposes the prior delimitation of its 38 perimeter protection. 5-the perimeter of immediate protection is properly signaled by the trademark holder. 6-The protective perimeters are reviewed, where appropriate, on the initiative of the competent authority or of the holder of the collection, in accordance with the provisions of paragraph 3. 7-when the end of the title of public water supply and its deactivation, stop being applied to corresponding protection zone associated with, as well as the constraints referred to in article 37 of law No 58/2005, of 29 December, and on the Ordinance referred to in paragraph 3.
Article 44 water harvesting for irrigation
1-the public waters for irrigation in an area greater than 50 ha shall provide environmentally sound efficiency rates set out in the national programme for the efficient use of water. 2-the capture of private waters for irrigation can be subject to restrictions in situations of scarcity or accident. 3-the capture of public waters, when designed, in particular, the watering of gardens, public spaces and golf courses, will be, wherever possible, used as a complement to other sources of water, including the use of properly treated urban waste water or water reuse resulting from runoff of irrigation of the field itself.
Article 45 water for hydroelectric energy production the public waters for hydroelectric energy production is carried out with observance of the provisions of the national water Plan, in the river basin management plans and specific water management plans in energy aspect.
39 article 46 decommissioning of abstraction of groundwater abstractions which no longer have the function for which they were originally incorporated are disabled within 15 days after the termination of the exploration, and, without prejudice to the provisions of articles 31, 34 and 35 of this Ordinance, be sealed according to the procedures imposed by the competent authority.
SECTION II of the maritime public domain for electrical energy production article 47 occupation of the public domain to produce electricity from sea waves energy 1-the occupation of water resources of the maritime public domain for electrical energy production aims to research and technological development, pre-commercial and commercial production. 2-research and technological development is the access mode to the production of energy from the energy of the waves of the sea aimed at stakeholders in developing research and technological development and industrial power conversion systems, electroprodutoras facilities and parks, with an installed power up to 5MW. 3-the pre-commercial review is the mode of access to activity designed to entities interested in developing activities of production of electrical energy in small projects for evaluation in electroprodutoras facilities or pre-commercial wave farm, with an installed capacity to 25MW. 4-the production of electricity in trade regime is the access to the activity mode to electroprodutoras facilities or parks, with an installed capacity exceeding 25MW.
40 SECTION III Wastewater Discharge article 48 wastewater disposal systems 1-systems for the collection, transport, treatment and disposal of sewage in water or soil can be private or public. 2-A public system for disposal of sewage in water or soil is managed by a management company, is local authority or entity licensee, as defined in Decree-Law No. 207/94, of 6 August. 3-The public systems of wastewater disposal in the waters or soil, in urban areas or building plots, are established under the conditions laid down in the respective municipal land use plans. 4-A particular system of sewage disposal in the waters or on the ground is run by a private entity and can only work in the condition of impossibility of access to a public system, being subject to the legal requirements for this type of use. 5-the wastewater discharge in waters or soil is carried out according to the provisions of this section, to meet the needs of conservation of the environment and public health, so that: a) The appropriate quality standards to various types and uses of water and hazardous substances are met; (b)) are not caused significant risks or dangers for the environment and for human beings; (c)) the interests in nature conservation, landscape protection are not adversely affected. 6-the wastewater discharge in waters or soil is carried out in accordance with the principles of precaution, prevention and correction referred to in paragraph 1 of article 3 of law No. 58/2005, of 29 December.
41 article 49 specific requirements 1-Licensee assumes responsibility for the efficiency of treatment processes and or procedures that adopt in order to minimize the effects of wastewater discharge and fulfill quality objectives defined for the receiving water bodies. 2 it is mandatory to carry out a policy of insurance or the provision of a security, within 30 days after the issuance of the licence, in accordance with the procedure set out in the annex to this decree-law, which guarantees the payment of compensation for any damage caused by errors or omissions of project concerning the drainage and wastewater treatment or by non-compliance with the legal and regulatory provisions applicable to it.
Article 50 1 discharge standards-the standards for discharge of wastewater is formed by the set of precepts for the emission limit value and ensure: compliance with standards) quality suitable to various types and uses of water; (b)) the protection, improvement and restoration of the State of surface and ground water bodies; c) quality standards relating to dangerous substances. 2-The wastewater discharge standards are planned: a) in river basin management plans and other planning instruments of water resources; b) In wastewater discharge licenses; (c)) In other applicable law.
Article 51 1-emission limit Values The emission limit values, or ELVS for 42 designated substances, families and groups of substances and for the other parameters listed in discharge standard are established only after the study and application of appropriate measures for the reduction of pollution at the source, in accordance with article 53 of law No. 58/2005 , 29 December. 2-emission limit values for substances and for the parameters in the discharge standards are calibrated in relation to the quality of the waste water waste water treatment plants. 3-is prohibited any deliberate operation of dilution of wastewater in order to evade compliance with the ELVS in the standards being considered unlawful effluent discharge for all legal purposes.
Article 52 Regulations of urban wastewater discharge 1-Without prejudice to the provisions of articles 48 and 50 of the present Decree-Law, urban waste water discharges from wastewater treatment plants must meet the requirements of Decree-Law No. 152/97, of 19 June, as amended by decree-laws No. 348/98, of November 9 , and n° 149/2004, of June 22. 2-the evaluation of conformity of the urban waste water discharges to standards laid down is carried out according to the procedure laid down in Decree-Law No. 152/97, of 19 June, as amended by decree-laws No. 348/98, of November 9, and paragraph 149/2004, of June 22. 3-Notwithstanding the preceding paragraph, and in cases where the title set discharge standards for other parameters provided for in other legislation, the conformity assessment is carried out in accordance with the legally established procedure.
Article 53 standards of industrial wastewater discharge 1-Without prejudice to the provisions of articles 48 and 50 of the present Ordinance, the pollution load resulting from discharges of industrial waste waters should be the smallest possible according to existing procedures of best available technique within the context of economic sustainability.
43 2-the title for use must provide for the fulfillment of additional conditions whenever for the protection, improvement and restoration of water quality are required more stringent conditions than those that can be obtained with the use of best available techniques.
Article 54 discharge of industrial waste water in urban waste water disposal
1-the discharge of industrial waste water in urban waste water disposal can occur only with the permission of the companies referred to in paragraph 2 of article 48 and is subject to the provisions of the regulation provided for in article 9 of Decree-Law No. 152/97, of 19 June, as amended by decree-laws No. 348/98, of November 9 , and n° 149/2004, of June 22. 2-the conditions and discharge standards laid down in the rules referred to in the preceding paragraph shall ensure compliance with the provisions of articles 48, 50 and 52 of this decree-law. 3-in the case of industrial activities not included in the urban area, the conditions laid down in the authorisation referred to in paragraph 1 shall be subject to approval by the competent authority, who shall be responsible for verifying compliance with the title of your discharge of urban waste water and the quality objectives defined for the receiving environment. 4-in the event of noncompliance, the competent authority shall notify the Fund Manager to proceed immediately to rectify the conditions of discharge of industrial waste water. 5-Obligation on the managing body responsible for verification of compliance with the standards laid down in the authorisation for the disposal of industrial waste water in urban waste water disposal.
Article 55 Administrative Control and discharge permits acts of administrative supervision over the establishment, modification, or 44 transfer of industrial facilities that may cause or lead discharges are practiced under the condition of being retrieved from the corresponding title.
Article 56 1 sludge treatment-it is forbidden to discharge of sludge to surface waters or groundwaters. 2-the treatment scheme of sludge from water treatment plants consists of specific legislation.
Article 57 1-wastewater Reuse The treated waste water shall be reused whenever possible or appropriate, particularly for the cases provided for in paragraph 3 of article 44 of this decree-law. 2-the application on the ground of livestock effluents from cattle farming, such as fertilizer or soil conditioners, organic license is not provided for in paragraph 5 of article 48 provided that there is no discharge in water resources and which is binding in favour of obtaining the opinion referred to in article 6 of Decree-Law No. 202/2005, of 24 November.
SECTION IV injection in artificial recharge and groundwater article 58 artificial recharge on groundwater artificial recharge of underground water bodies is only permitted provided they do not compromise the achievement of the environmental objectives established for the water bodies which are the subject of the groundwater recharge.
Article 59 45 artificial Injection in groundwater artificial injection in bodies of groundwater is allowed only in specific situations referred to in paragraph 4 of article 30 of law No. 58/2005, of 29 December, and provided they do not compromise the achievement of the environmental objectives established for the water bodies affected.
Section V Immersion of waste article 60 1-assigning specific requirements of immersion of waste permit is dependent on the verification of the impossibility of being found other alternatives for the final destination of the materials to immerse, in particular through recovery operations. 2-the immersion of waste waters is only permitted provided they do not compromise the achievement of the environmental objectives established for the water bodies affected. 3-is only permitted the immersion of wastes set out in article 3 of Annex II to the Convention for the protection of the marine environment of the North-East Atlantic, approved by Decree No 59/97 of 31 October. 4-the immersion of wastes that may contain any of the substances listed in the list of priority hazardous substances, set in own diploma. 5-Notwithstanding the provisions of paragraph 2, the immersion of wastes which contain any of the substances listed in the list of priority substances defined in normative own can only occur as long as they don't contradict the quality objectives defined for the bodies of water affected. 6-in addition to the preceding paragraphs, the immersion zone selected cannot affect fishing areas, spawning grounds and maternity of living resources, migration routes of fish and mammals, leisure activities, the extraction of minerals, desalination, the areas of special scientific importance and other legitimate uses of the sea.
46 7-the characterization of the material to merge is performed depending on the sediment quality criteria laid down in the Ordinance referred to in paragraph 1 of article 5 of this decree-law. 8-where appropriate, the competent authority may request additional elements to those provided for in the Ordinance referred to in point (ii)) (a)) of paragraph 3 of article 14 of this Ordinance for assessing the contamination of the waste dump. 9-immersion of waste operations are subject to the implementation of a monitoring program which should include the characterization of the biological communities in the site.
Article 61 1 immersion operations-the immersion operation cannot interfere with boating, fishing, leisure activities, the extraction of minerals, desalination, the areas of special scientific importance and other legitimate uses of the sea. 2-the immersion operation cannot interfere with periods of increased vulnerability to migratory species, closed seasons, bathing season and at other times of the year with importance for the sustainability of living resources. 3-prior to immersion oils are eliminated or substances present in the material with a tendency to float. 4-can be considered the following management techniques of eliminations, using physical, chemical and biological processes, in particular: a) the use of interactions and geochemical transformations of substances present in materials to immerse, once combined with sea water or sediment from the bottom; b) the selection of special areas, such as abiotic areas, using methods that allow to confine the material to immerse, keeping it stable, and may allow the creation of artificial reefs. 5-the immersion of wastes and inert resulting from the maintenance of conditions of accessibility and port operation is subject to the ENIMEN and later communication to the competent ARH all planning and monitoring.
47 SECTION VI constructions, and support equipment and facilities and equipment to support the road article 62 1 Constructions-building means all kind of works, whatever your nature, including buildings, walls and fences, as well as their changes and demolitions. 2-exceptions to the provisions of the preceding paragraph the hydraulic infrastructure, embankments or excavation. 3-completion of construction is only permitted provided they do not affect: a) the conditions of functionality of the current, normal water run-off and the ebbing of floods; b) ecosystems, including wetlands and dune systems; c biophysical and landscape integrity), the beds and the banks; d) groundwater; and The surrounding agricultural land); f) abstraction, impoundment, derivation and water pumping; g) respect for the established in the specific plan of water management or special plan of land use planning; h) security of marginal works or transposition of the beds; I) the flora and fauna of coastal areas; j) stability and the balance of the coastal systems; l) riparian vegetation; m) free access to the public domain. 4-the issue of authorisation, licence or concession of construction assumes a liability waiver signed by the authors of the project, according to the specificity of the water area where it is located. 5-the holder shall submit to the competent authority within 30 days after issuance of the respective title, a policy of insurance or security document, whose regime and amount set out in the annex to this decree-law, on account of damage caused by floods, in accordance with the set in the permit or in the contract of lease 48.
Article 63 Beach Support and equipment
1-means for support of the Beach the core Essentials of functions and services structured infrastructure that integrates full locker rooms, showers, toilets, aid stations, emergency communications, information and assistance the bathers, beach cleaning and refuse collection, and in addition, to ensure other functions and services, in particular commercial. 2-Are still considered support of the beach facilities with removable temporary and, in particular, flutuadoras boards, tents, awnings and umbrellas for sunbathers, shelter structures for shelter, their utensils and fishing equipment and other facilities for the practice of water sports and aquatic amusement, also designated as bathing support. 3-equipment means the core functions and services which do not meet the support, notably restaurants and snack bars, also called similar tourist resorts. 4-When the beach bathing support support or equipment are associated with support services, surveillance and security to users is established the bathing support zone, corresponding to the front of the beach strip of land and water plan adjacent to the beach, bathing support support or equipment. 5-The Beach support and equipment referred to in the preceding paragraphs are only allowed in places defined in the special plans of spatial planning according to the classification of beaches or, in your absence, specifically demarcated and provided that: (a) Safeguard the integrity of the ecosystems) in presence, in particular wetlands and dune systems; b) do not affect the biophysical and landscape integrity in the Middle; c) not included in areas of natural hazards such as erosion, flooding or subject to seismicity, such as rebates and landsliding; d) are not incompatible with other licensed uses; e) comply with the provisions of Decree-Law No. 163/2006 of 8 August.
49 article 64 parking spaces and access to the public water domain 1-parking areas and access roads are only allowed in the places marked in specific plan and complying with the constructive characteristics defined in function of the typological classification of the beach or, in the absence of a plan, provided that: a) Safeguard ecosystems, including wetlands and dune systems; b) do not affect the biophysical and landscape integrity in the Middle; c) not included in areas of natural hazards such as erosion, flooding or subject to seismicity, such as rebates and landsliding; d) are not incompatible with other licensed uses; and) Safeguard the free access to the public domain; f) comply with the provisions of Decree-Law No. 163/2006 of 8 August. 2-Notwithstanding the previous paragraph, the opening of new genotypes must be carried out, preferably on perpendicular to the water line, being prohibited the opening of hits relating: a) In wetlands and dune systems; b) in areas related to natural hazards, particularly erosion or seismicity. 3-the crossing endangered areas by floods should beware the circulation of waters in full, without recourse to the construction of landfills. 4-In the parking decks are always permeable or semi-permeable material used. 5 us locations involving or representing potential risk, appropriate signage is placed.
SECTION VII 50 hydraulic infrastructures article 65 hydraulic infrastructure management the management of the assets that comprise the provision of hydraulic infrastructures is carried out on the basis of the mere possession of the goods, not pointing to this effect the classification set out in article 75 of Act No. 58/2005, of 29 December.
Article 66 technical responsibility 1-the technical responsibility for the performance of the hydraulic infrastructure is ensured by person who holds degree in speciality and with technical integrity recognized by the respective professional bodies. 2-the technical manager is responsible for the execution of a project's compliance with the approved design and the relevant specifications, which should include specific environmental criteria for the construction of each work. 3-the technical responsible answer jointly and severally with the designer and the contractor in all matters relating to the technical direction and implementation of the project, and to that effect sign a liability waiver. 4-technical change should be communicated to the competent authority by the Prosecutor within 30 days, accompanied by a proposal for the appointment of new responsible and their disclaimer.
Article 67 1-hydraulic infrastructure Construction During the construction inspections are carried out by the competent authority to check the proper conduct of the work and check the implementation of environmental mitigation measures that have been set during the licensing process. 2-the competent authority performs a final inspection within 30 days from the date on which the applicant to notify the completion of the works. 3-after completion of the survey referred to in the preceding paragraph aims to elaborate an opinion is issued within 20 days, on the compliance of 51 construction safety conditions, as well as the fulfilment of other environmental conditions that the competent authority considers necessary in the process of awarding the respective title. 4-in the case of barrages and dams, the security is checked according to the stipulated in the specific legislation. 5-in the case of hydraulic infrastructure for energy production and when the competent authority shall issue an assent, will be immediately communicated to the territorially competent regional Directorate of economics or the DGGE, for the purposes of carrying out of survey required for the assignment of the operating licence.
Article 68 1 hydraulic infrastructure Exploitation-are conducted triennial surveys during the period of operation of hydraulic infrastructures, with a view to checking the operating conditions and operability. 2-all the burden of maintenance, conservation and exploitation of hydraulic infrastructures are the responsibility of the holder of the licence or lease. 3-desilting interventions carried out for reasons of safety and duly authorised by the competent authority, are the responsibility of whoever has possession or ownership of the infrastructure, by applying the provisions of paragraph 7 of article 78 of this Ordinance to the final destination of the inert removed.
SECTION VIII and assoreamentos artificial beaches reloading article 69 1 specific requirements-the beaches and artificial assoreamentos with the aim of creating conditions for bathing can occur only in the areas identified in the plan and are complemented by a monitoring program to evaluate the evolution of the intervention.
52 2-On artificial beaches and assoreamentos refill for use may be used bathing materials that fall on quality class 1 as defined in the Ordinance referred to in point (ii)) (a)) of paragraph 3 of article 14 of the present Decree-Law and since showing particle size compatible with the beach. 3-in the absence of plans, the beaches and artificial assoreamentos can only occur for reasons of coastal defence or of persons and goods.
SECTION IX sporting competitions and maritime navigation-tourism, infrastructure and equipment of navigation support article 70 sporting competitions and maritime navigation-1-the exploitation of tourist vessels moored or anchored, with no means of locomotion or sealed itself is only permitted provided they do not affect: a) The major uses of water resources; b) compatibility with other secondary uses; c) the State of the body of water; d) the integrity of the beds and the banks and ecosystems in presence; and) the integrity of infrastructure and equipment. 2-the licensee shall submit to the competent authority within 30 days after the issuance of the title, a policy of insurance or security document, whose regime and amount set out in the annex to this decree-law, on account of the activities in physical form. 3-the provisions of this article shall not affect the application of regulation of maritime tourism activity, and the license to be issued under that regulation to observe the provisions of this decree-law and be preceded by a favourable opinion of the competent authority to license the use of the water resource, where the same fits the entity different from the competent authority to issue the title of use of water resources.
53 article 71 infrastructure and support equipment to navigation
1-means for infrastructure and equipment of navigation support the buildings intended for the installation of services, including piers, marinas, docks, harbours, anchorages, anchorage points, pontoon or dock and access of vessels to the water plan, by mechanical means of hauling or ramp varadouro. 2-the deployment of infrastructure and supporting equipment is only permitted provided they do not affect: a) The major uses of water resources; b) compatibility with other secondary uses; c) the State of the body of water; d) biological integrity of ecosystems in presence; and) the integrity of licensed facilities and equipment; f) hydrodynamic and sedimentary dynamics.
Section X installation of infrastructures and floating equipment, biogenéticas and marine cultures article 72 floating Equipment 1-the use of water resources to transport wood or loose parts floating, for your size and features, are not considered Add-ons to recreational uses and the installation of floating structures, including rafts, swimming pools, docks, waymarks and signs for whatever your purpose including bathing Support zones are only allowed provided they do not affect: a) the uses of albufeira or water line; (b)) Other secondary uses, including shipping; c) the State of the body of water; d) integrity of beds and banks, as well as hydraulic infrastructures; and biological integrity of the ecosystems) in presence.
54 2-the licensee shall submit to the competent authority within 30 days after issuance of the title, a policy of insurance or security document, whose regime and amount set out in the annex to this decree-law, on account of the activities in physical form.
Article 73 1 biogenéticas Cultures-cultures biogenéticas means activities that have as their purpose the reproduction, growth, fattening or relaying maintenance of aquatic species of fresh water, brackish water or salt. 2-the use of water resources for the establishment of biogenéticas cultures in fresh, brackish or salt and their beds, as well as any artifacts, floating or submerged infrastructure or equipment and facilities on land that are associated with them, is only permitted provided that: a) are properly demarcated; b) not alter the current system; c) do not affect navigation or other licensed uses; d) do not change the State of the body of water where located; and) do not affect the biological integrity of ecosystems in presence.
Article 74 1 Marine-marine means all locations where they engaged with the production of salt, whatever the form of capture or water retention, 2-the marine establishment, demotion or extension of your bed as well as repairing walls and complementary facilities, is only allowed on condition that: a) do not change the tidal Prism and the system of currents; b) does not harm the navigation or other licensed uses; c) do not change the State of the body of water where located; d) do not change the aquifers that are located in the area of influence.
55 SECTION XI landfills and excavations Article 75 specific requirements the actions of landfills and excavations are only allowed provided that: a) to the consolidation of banks and protection against erosion, floods or help to improve or maintain the quality of water; b) serve to improve the drainage and the chain feature; c) do not change the State of the body of water where it is located; d) Minimise the intricacies and the artificialization of banks; and do not cause negative impacts) ecosystems and aquifers, in particular implications table.
SECTION XII Sowing, planting, cutting trees or bushes and pastureland Article 76 1 specific requirements-the use of water resources for sowing, planting and cutting of trees or shrubs is only permitted provided that: (a)) do not create any changes to current functionality and spreading of floods; b) does not involve earth movements that alter the flow section, the configuration of the watercourse and the integrity of the banks; c) natural hazards, including worsening erosion; d) does not affect the biophysical and landscape integrity in the Middle; and does not involve the destruction of) flora, fauna, ecosystems, including wetlands and dune systems. 2-no overnight stay on pasture in the grounds of the public domain.
56 SECTION XIII inert extraction article 77 1 Interventions-the term inert extraction desilting intervention and areas of expansion of surface waters, both chains either closed, as well as the coastal waters, resulting in the withdrawal of important granular material deposited or transported by runoff into surface water bodies in suspension or by dragging regardless of the particle size and chemical composition, namely silts, sand, gravel, cobble, gravel, burgau, sandy land and mud. 2-interventions that may be performed are required to comply with a set of environmental standards to be established in its own legislation. 3-the extraction of inert, in public waters, is allowed only when it is provided for in specific water management plan or as a measure of conservation and rehabilitation of the hydrographic network and riparian areas or conservation and rehabilitation of coastal and transitional zones, or as necessary for the establishment or maintenance of navigation conditions in safety and operability of the port in accordance with the provisions of paragraph 2 of article 38 of this law. 4-specific management plans of inert water domain, drawn up in accordance with the technical standards defined by Regulatory Decree No. 14/2003, of 14 March, equivalent to specific water management plans referred to in the preceding paragraph.
Article 78 1 specific requirements-the pursuit of the activity of extraction of aggregates in margins and related public waters has beds as necessary requirement, as in the case of being held in waters or banks, the confirmation that the same constitutes an intervention from desanding.
57 2-Without prejudice to the provisions of paragraph 3 of the preceding article, the activity of extraction of aggregates in margins and related public water beds is only allowed for sites that guarantee: a) the maintenance of the current system, the floating navigation and the flow and flood spreading; b) the balance of the waterways, beaches and coastline; c) the integrity of ecosystems and the State (s) (s) of affected water (s); d) the preservation of groundwater; and) the preservation of surrounding agricultural areas; f) the use of water for various purposes, recreational, leisure, navigation, and supporting infrastructure, funding, impoundments, derivation and pumping; g) integrity of beds and banks, as well as licensed therein structures; h) security of marginal works or transposition of the beds. 3-the license to titrate the extraction of inert may impose as a condition that a part of extracted aggregates are deposed in locations indicated by the competent authority, for the purpose of strengthening the protection of shores, beaches or infrastructure are identified as being out of balance. 4-the extraction of inert that they are in the possession of individuals as a result of an extraction operation is applied to the corresponding utilization rate of water resources. 5-in the situation referred to in paragraph 3 of this article, can the private to be subject to the requirement to landfill of inert, as a result of the fulfillment of a condition of licence, be compensated for the costs inherent in such an operation by discount on the rate of water resources, in terms which must appear on the same license. 6-periodic extraction of inert, to ensure that the conditions of navigability and accessibility to commercial fishing ports, harbours, berths, or other infrastructure to support the navigation, will be executed according to plans from desanding, approved by ARH, that define, among others, the periodicity of interventions, inert to withdraw volumes, the physical, chemical and biological characterization of dredging material , places of deposition and measures of minimizing impacts and identification and implementation of the control mechanisms of the volumes of dredged. 7-without prejudice to the preceding paragraphs, and whenever it is not possible to spare the 58 inert in water area, the competent authority may sell them at public auction, except when the volumes concerned does not justify the use of this procedure. 8-the extraction of inert in private waters is not subject to the rules laid out in this article, with the exception of those listed in paragraphs 1 and 2 shall apply mutatis mutandis.
CHAPTER III supervision and administrative offences Article 79 monitoring and inspection
1-the verification of compliance with the provisions of this Ordinance is performed in the form of supervision and inspection, in accordance with the provisions of articles 90 to 94 of the Act No. 58/2005, of 29 December. 2-Notwithstanding the provisions of article 94 of law No. 58/2005, of 29 December, for any public body to inform the ARH territorial jurisdiction or the INAG the existence of water resources uses no physical form that becomes aware.
Article 80 responsibility for supervisory actions or charges 1 inspection-The burden of supervisory or inspection actions are supported by the offender, where the absence of title or non-compliance with the conditions imposed on the issuance of the title. 2-for the purposes of the preceding paragraph, is prepared a report containing the description of the supervisory or inspection and action of their charges, and the offender notified to proceed to payment within 15 days. 3-The documents that titulam expenditure incurred under surveillance or inspection measures are enforceable for the recovery of sums not settled voluntarily by offenders. 4-In case of dispute, on the same sample, the results of the analyses carried out by laboratories of the 59 organizations that have carried out supervisory actions or inspection and the results presented by the holder, an analysis is performed by the laboratory of environmental Reference, constituting the respective analysis bulletins evidence for all purposes of the law. 5-verification of conformity of the rules for the disposal of urban waste water in the supervisory and inspection activities in compliance with the provisions of article 52 article 81 administrative offences Constitutes a misdemeanour take 1-environmental: the) lack of communication provided for in article 16; b) the lack of delivery of title referred to in paragraph 1 of article 34; c) failure to comply with the provisions of paragraph 4 of article 32; d) the lack of notification provided for in paragraph 4 of article 27; and) violation of rules contained in the regulations of the land-use plans of the reservoirs of public waters, estuaries and water resources planning, and disregard of the determinations of the ARH expressly aimed at provisions of this plan. 2-Is serious environmental infraction:) not to provide information, the provision of false or inaccurate and the concealment of information by users; b) lack the spare previous situation, provided for in paragraph 2 of article 34; c) the transmission of securities without the corresponding communication or authorization; d) the destruction or total or partial change of hydraulic infrastructures, maritime or river of any nature without its title; e) execution of works, infrastructure, plantations or works of diverse nature, with prejudice to the preservation, balance of beaches, regularization and regime of rivers, lakes, ponds, swamps and more streams of water; f) failure to comply with the stipulations of article 46; g) failure to comply with the duty of rectification provided for in paragraph 4 of article 54; h) non-compliance with the time limits referred to in paragraphs 1 and 3 of article 89; I) lack of installation of own-checks system provided for in article 5; j) lack of sending data of the own-checks system in accordance with the periodicity required 60, pursuant to article 5; l) plantations or works of nature within the perimeter of the area of a public water classified or albufeira in the protection zone. 3-Is very serious environmental infraction: a) the use of water resources without its title; b) violation of the provisions of paragraph 5 of article 32; c) non-compliance with the obligations imposed by its title; (d) failure to comply with the obligation) by the holder of the title, to suspend the work and alter or demolish those when threaten the safety or harm the interests of navigation; and) implementation, implementation of works or infrastructure within the perimeter of the area of a public water classified or albufeira in the protection zone; f) Throw, deposit or otherwise directly or indirectly, enter into surface waters, groundwaters or fields included in the water resources any substance or product potentially solid, liquid or gaseous pollutant; g) handling harmful products or substances with borrowings, or your immediate protection zone, groundwater or surface water; h) the deposit of harmful substances or products with borrowings, or your immediate protection zone, groundwater or surface water; I) the storage of any products or harmful substances with borrowings, or your immediate protection zone, groundwater or surface water; j) extraction of inert materials in areas other than those enshrined in its title; l) the use of equipment or unauthorized means of action for the extraction of inert materials; m) total or partial omission of volumes of inert materials extracted; n) carrying out of sports competitions and maritime navigation-tourism outside the areas permitted for that purpose; the) the exercise of inspection and obstruction or supervisory bodies or the exercise of its powers, in particular the refusal of access to the local entity;
61 p) non-compliance with the water quality standards in accordance with the laws in force; q) non compliance of the ban on throw, deposit or otherwise introduce into water wastes containing substances that can change its characteristics or contributing to the degradation of the environment; r) immersion of waste or rejection of effluents in location other than authorized by the competent bodies; s) immersion of waste in violation of legally applicable provisions; t) the discharge of industrial waste water, directly or indirectly to the system of disposal of urban waste waters, without the authorization referred to in paragraph 1 of article 54; u) degraded waters discharge directly to the sewage disposal system, to water or to soil, without any mechanisms to ensure debugging of these. 4-the attempt and negligence are punishable. 5-Notwithstanding the provisions of law No. 50/2006, of 29 August, the fixing of the fine also has in mind the concrete criteria in paragraphs 4 and 5 of article 97 of law No. 58/2005, of 29 December. 6-the sentencing for very serious infringements provided for in paragraph 3, as well as serious infringements referred to in paragraph 2 when the concrete measure of the fine imposed exceed half of the maximum amount of the fine applicable abstract, can be published, in accordance with article 38 of law No. 50/2006, of 29 August.
Article 82 precautionary Seizure and sanctions the competent authority for the application of the fine can make the precautionary seizures and apply sanctions deemed appropriate, in accordance with the provisions of law No. 50/2006, of 29 August.
62 Article 83 a misdemeanour prosecution processes, the statement and the decision of administrative offences, as well as the application of fines and penalties, the ARH with jurisdiction in the area of use of water resources and other competent entities for licensing.
Article 84 resetting the situation before the infringement 1-In case of failure of a decision determining the replacement situation before the infringement, can the ARH or other competent authority to carry out the works and actions arising on account of the offender. 2-The documents that titulam expenditure incurred by virtue of the preceding paragraph, when these are not paid voluntarily by the offender within 20 days of the date of your notification, are enforceable.
Article 85 1 penalty-ARH or IGAOT can, where appropriate, apply penalty payment for each day of delay in payment of the fine, not exceeding 1 month from the date appointed by the decision, in the following cases: a) compliance of the decision ordering the adoption of certain measures; b) provision or provision of false, inaccurate or incomplete information or which is legally due. 2-the daily amount of the sanction provided for in the preceding paragraph may be between € 50.00 and € 250.00, when the offence is committed by a natural person, and between € 250.00 € 1,000.00 and, when it is committed by a legal person.
63 CHAPTER IV supplementary provisions, transitional and final provisions article 86 special legal Regimes
1-the present Ordinance does not apply to health resources, and geothermal spring waters referred to in Decree-Law No. 90/90, of 16 March. 2-the provisions of this Decree-Law on the use of water resources of the maritime public domain for electrical energy production from the energy of the waves is without prejudice to the legal framework for the taking up and pursuit of the activities of production of electricity from this source of energy. 3-the provisions of this Ordinance shall not affect the legal skills of the National Maritime Authority or legal competence in the field of maritime safety and maritime and port authorities port. 4-the areas that have entered or will enter the public or private domain of the State, pursuant to article 6 of Decree-Law No. 468/71, of November 5, and article 13 of law No. 54/2005 of 15 November, are administered by ARH in whose area of jurisdiction are, without prejudice to article 13 of law No. 58/2005 , 29 December. 5-In case of extinction of the legal relations in physical form for concessions or licenses issued pursuant to Decree No 5787-IIII, 10 May 1919, 6287, of 20 December 1919, 16 767, of 20 April 1929, Decree-Law No. 43 335, of 19 November 1960, Decree-Law No. 468/71, of 5 November and Decree-Law No 189/88 , may 27, or arising from charges of Decree-Law No 183/95 of 27 July, in particular for expiry, unilateral termination or revocation, shall accrue to the State, free of charge and without prejudice to the provisions of paragraph 2 of article 35, the property and rights that make up the establishment of the concession, as well as the directly allocated to the holding, in the case of license under the terms established in the said diplomas or in its title. 6-the expiry of the concession held under Decree No 5787-IIII, 10 May 1919, 6287, of 20 December 1919 and 16,767, of 20 April 1929, is checked by the Member of Government responsible for the area of the environment, being this competence in delegável President of INAG.
64 7-in situations where the PCH, explored under the title issued under the previous legislation Decree-Law No. 46/94, of 22 February, have reversed or will revert to the State and are of buildings, owned by the former holder of the concession or license, only these, or those who have passed the property or any other right which enable exploring the SHP , have legitimacy to require new licenses to use the water in the area involving the use of those works or installations, since authorized by INAG and DGGE.
Article 87 administrative fees With the application of prior information referred to in article 11 is due for a fee in the amount set in the Ordinance referred to in point (ii)) (a)) of paragraph 3 of article 14 of the present Decree-law.
Article 88 amendment to Decree-Law No. 382/99, September 22 paragraph 1 of article 4 of Decree-Law No. 382/99, of 22 September, is replaced by the following: «it is the Member of Government responsible for the area of the environment, by order, approve the demarcation of perimeters, identifying the protection facilities and activities, among those mentioned in paragraphs 2 , 4 and 7 of article 6, which shall be subject to prohibitions or restrictions and defining the kind of constraints '.
Article 89 existing Situations not in physical form 1-users of water resources which at the date of entry into force of this Ordinance do not have title that allows such use, shall submit to the competent authority within a period of two years, an application containing: a) the user identification;
65 b) type and characterization of use; c) identification of the location, with an indication, where possible, the geographical coordinates. 2-after delivery of the elements referred to in the preceding paragraph, the competent authority shall carry out the supervision of the use in question, and, following this, require the user the changes necessary for compliance with this Ordinance. 3-the changes referred to in the preceding paragraph are carried out within the time limit set by the competent authority, in accordance with the circumstances of the case, just being the title issued after your achievement. 4-there is no place to change, its title is issued for use in accordance with the provisions of this decree-law. 5-after the payment of the fee of water resources during the period referred to in paragraph 1, irrespective of the issue of the title. 6-users who submit the application within the time limit referred to in paragraph 1 shall be exempt from the application of fine for standard use until the issue of the respective title.
Article 90 securities 1-transitional provisions the provisions of this Ordinance shall apply to cases pending at the date of your entry into force, without prejudice to the acts and formalities applied to be protected in legal terms. 2-use permits issued under the previous legislation remain in force in accordance with the procedure in which they were issued, provided that they are brought to the attention of the respective ARH within 1 year from the date of your entry into operation and without prejudice to the subjection of their holders to obligations arising from Act No. 58/2005 , of 29 December, and other complementary legislation. 3-in the case of changes are required to the progressive adaptation of the title issued to the provisions of law No. 58/2005, of 29 December and legislative acts that complement each other, the ARH will set a schedule with appropriate measures for your implementation, taking into account the legitimate expectations of the holder of the title 66 regarding your duration, the economic conditions of the exercise of the activity and the provisions of paragraph 3 of article 32 4-in the case of uses of water resources previously titrated by mere license that, according to the law No. 58/2005, of 29 December, must be placed under the grant scheme, the titles remain in force in accordance with the procedure in which they were issued, unless the owners require conversion in your lease, in which case the grant cannot be greater than the period required to complete the amortization of investments made under the original title. 5-in case of use in that necessary conditions for classification as infrastructure development of multiple purposes, may be subject to the arrangements laid down in article 7, on a proposal from the INAG and decision of Member of the Government responsible for the area of the environment. 6-the system of enterprises treated as multi-purpose projects referred to in article 8 of this decree-law shall be as set out in the legislation to regulate the enterprises of multiple purposes, however the legal regime applicable respectively, without prejudice to compliance with the General provisions of this Ordinance relating to current uses of water resources. 7-To existing borrowings holders have one year, counted from the date of entry into force of this decree-law, to submit in their studies of ARH demarcation of perimeters of protection of groundwater or surface water intake.
Article 91 Regularization of the assignment of use to companies who hold electroprodutores 1 centers-the entity RNT dealership and business centres electroprodutores holders to whom articles 6 and 7 of Decree-Law No 183/95 of 27 July, recognize the right to the use of the public water domain affection to their dams, through title to issue pursuant to Decree-Law No. 46/94 , Feb 22, may continue to use the above-mentioned water resources through granting of concession agreement to be concluded between the State and the concessionaire entity of RNT, within two years, and may that transmit the corresponding rights to holders of these companies electroprodutores centers. 2-to the granting of contracts referred to in the preceding paragraph, the use is titled 67 Transiently by Ordinance referred to in paragraph 3 of article 35, which lays down the respective terms and conditions with observance of Act No. 58/2005, of 29 December, and subject to the provisions of this decree-law. 3-The concession contracts to be awarded in accordance with 1 meet the deadlines established in the Ordinance referred to in paragraph 1, necessary for the timely repayment of investments authorized by the Government in these electroprodutores centers and their conditions observe the provisions of law No. 58/2005, of 29 December, and in the present law. 4-companies who have already been assigned, pursuant to article 67 of Decree-Law No 182/95 of 27 July, the execution and exploitation of electroprodutores centers, and since the State already has set the conditions for connection of these centers to the Public electricity network, pursuant to Decree-Law No 312/2001 of 10 December, maintain the rights and obligations assumed and the construction and operation of its hydroelectric plant be entitled for concession contract with the State, to conclude, pursuant to law No. 58/2005, of 29 December, and of this law, within a period of 2 years.
Article 92 transitional provisions on the Constitution of the ARH
1-until the entry into operation of each ARH, coordinating committees and regional development (CCDR), through its competent services in the field of water resources, the exercise of the licensing and supervisory responsibilities assigned to it by this decree-law to ARH. 2-Notwithstanding the previous paragraph, the concession will be authorized by the Member of Government responsible for the area of the environment, being this competence in delegável President of INAG. 3-the exercise of the competences assigned to ARH not covered by paragraphs 1 and 2 it is up to the immediate INAG member of the Government responsible for the area of the environment, by order, terminate the transitional regime, totally or partially, depending on the demonstrated capacity for each ARH to assume the exercise of such powers.
Article 93 68 plans and river basin Councils 1-Until the approval of the river basin management plans, are assimilated to them the current watershed plans for all legal purposes. 2-Constitution of the Board of the river basin district, they keep running the existing basin Councils, with the composition and competence set out in law.
Article 94 1-set Standard shall be repealed: a) the ministerial order No. 295/2002, 19 March; b) the Joint Decree No. 141/95, the Minister of the environment and natural resources and the Minister of the sea, of 21 June, with the entry into force of the Ordinance referred to in paragraph 1 of article 5 of this decree-law. 2-All existing references to the provisions of chapters III and IV of Decree-Law No. 468/71, of November 5, the following shall be considered as made to the corresponding provisions of the law No. 58/2005, of 29 December, and subject to the provisions of this decree-law.
Article 95 autonomous regions the regime of this decree-law applies to the autonomous regions of the Azores and Madeira, without prejudice to adjustments arising from the structure of the regional autonomous administration to introduce adequate regional diploma.
Article 96 entry into force this law shall enter into force on 1 February 2007.
69 Seen and approved by the Council of Ministers of the Prime Minister and State Minister of Internal Affairs and State Minister for Foreign Affairs the Minister of State and finance the Minister of the environment, regional planning and Regional development, the Ministry of economy and innovation the Minister of agriculture, Rural development and fisheries the Minister of public works Transport and communications, the Minister of health ANNEX 70 (referred to in article 22) Guarantees the environmental recovery 1 deposit)-all uses in physical form for license or grant are subject to security to environmental restoration, except if there is place to security exemption provided for in paragraph 3 of article 22 and paragraph 5 of article 25 of this Ordinance , or if it is presented an insurance policy, as expressly provided for in this decree-law.
2-within 80 days from the date of entry into operation of its use, the user provides in favour of the competent authority a security of which corresponds to a value between 0.5% and 2% of the amount invested in the work, in order to ensure the recovery of any environmental damage caused in water resources, as a result of the operation and without prejudice to the damages to third parties.
3-for the purposes of the preceding paragraph, the value of the collateral is defined by the competent authority, taking into account the perception of the risk involved.
4-the security may be provided by a cash deposit or bank guarantee.
5-the deposit money is a credit institution, the order of the competent authority.
6-If the security is provided by a bank guarantee, are the document whereby a bank legally authorized establishment ensure, to the extent of the value of the collateral, the immediate payment of any amounts due to non-compliance with the obligations on the part of the holder of the licence or lease.
7-the security will be provided, as envisaged in paragraph 2, is released 1/5 the time limit elapses from its title, provided that the competent authority considers that it is not 71 need to operate it to the correction or deletion of any environmental damage.
8-the Prosecutor will not be able to continue to explore the use of the date referred to in paragraph 2 has not provided, in favour of the competent authority, the security, under penalty of immediate repeal of title.
9-in the cases provided for in paragraph 2 of article 49, paragraph 5 of article 60, paragraph 2 of article 70 and paragraph 2 of article 72, is mandatory the provision of collateral, where it is not possible to submit insurance policy designed to cover possible damage.
10-the security referred to in the preceding paragraph shall apply the provisions of paragraphs 4, 5 and 6 of this annex, with the following specific characteristics: a) the competent authority sets the value of the security, taking into account the specificity of the situation; b) the collateral is released at the end of the term of the respective title.
11-all expenses derived from the provision of collateral are the responsibility of the holder of the licence or concession B) Surety for obligations of deployment, alteration and demolition of facilities fixed or demountable tanks, beach or similar restraints, infrastructure and equipment to support the road and hydraulic infrastructures 1-without prejudice to the security provided for in the preceding paragraph and in accordance with the provisions of paragraph 3 of article 22 and paragraph 5 of article 23 It is compulsory to provide security for compliance with the obligations of deployment, alteration and demolition of facilities fixed or demountable tanks, beach or similar restraints, infrastructure and equipment to support the road and hydraulic infrastructures.
2-the security referred to in the preceding paragraph would be to ensure good and regular execution of a project, which will have to comply with both the technical and environmental regulations as the constraints imposed by the competent authority in its licence or concession contract.
72 3-the applicant within 30 days from the date of award of the respective title, provides a guarantee in favour of the competent authority, corresponding to 5% of the total amount of the investment planned in the project.
4-the security may be provided by a cash deposit or securities issued or guaranteed by the State, or through bank guarantee or performance bond.
5-the deposit of money or securities shall be carried out in a credit institution, the order of the competent authority.
6-When the deposit is made in bonds, these should be assessed at their nominal value, except if, in the past three months, the average quotation on the Lisbon stock exchange to stay under par, in which case the assessment must be done in 90% of that average.
7-If the security is provided by a bank guarantee, are the document whereby a bank legally authorized establishment ensure, to the extent of the value of the collateral, the immediate payment of any amounts due to non-compliance with the obligations on the part of the holder of the licence or lease.
8-in the case of performance bond, policy by which an entity legally authorized to perform such insurance, up to a limit of the value of the collateral, the burden to satisfy immediately any sums required by the competent authority, by virtue of the breach of the obligations.
9-the conditions of the bank guarantee or performance bond insurance policy may not, under any circumstances, result in a reduction of the guarantees, which are secured by other means permitted, for the provision of security, even if it has been paid the corresponding prize.
10-all expenses derived from the provision of collateral are the responsibility of the holder of the licence or lease.
73 11-Are causes of loss of security deposit: a) unjustified abandonment of work for over a year, within the maximum period laid down for the implementation thereof; b) not beginning of construction work in the period of six months after the issuance of the respective title.
12-the loss of bond reverses at 80% to the competent authority and 20% for INAG.
13-the security is released: a) In your 50% of amount as soon as they are carried out, and after inspection of the respective competent authority at the place of installation, works that match more than 50% of the investment planned; (b)) the entire your amount, after issuing a favourable opinion of the competent authority and its inspection.
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