Key Benefits:
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PROPOSED LAW NO. 100 /X
Exhibition of Motives
The European Convergence And Implementation Plan imposes on the member states of the
European Organisation for the Safety of Air Navigation (EUROCONTROL), of the
which Portugal is part of, the implementation of double radar surveillance coverage
secondary in all flight information regions (RIV) under its jurisdiction.
To complete the dual secondary radar surveillance coverage of the RIV of Lisbon, in the
which respects the Continent, the Air Navigation of Portugal-NAV Portugal, E. P. E.,
designed to build a secondary radar station in the Ermida Fraga, in the saw of the
Marão, municipality of Baiao.
The position of that radar station in the current topographical framework and its
radioelectrical characteristics will also allow the terminal coverage of the Airport
Francisco Sá Carneiro, by which it will constitute alternative to the approach radar of that
international airport that serves the North of Portugal.
To prevent further constructions or changes to existing constructions or the use of the
soils, which could compromise, burdening or hinder the construction and operation of that
infrastructure, necessary for the maintenance of the quality and safety of the public service of
support for air navigation, in the airspace under Portuguese responsibility, were, by
pursuant to Article 7 of the Decree-Law No 794/76 of November 5 and pursuant to the
Decree No 50/2003 of September 27, established preventive measures of occupation
of the ground on the site provided for the installation of the secondary radar station of the saw of the
Marion and in the surrounding area.
The two-year effective term of these preventive measures, ended in 27 of
October 2005, having the same was extended by Decree No. 22-A/2005, 27
of October, for the period of one year, with an end to October 27, 2006.
The parcel of land where it is intended to install the secondary radar station is located
on a baldio, under administration of the Teixeira Freguesia Junta (Baião Concelho),
in turn integrated into protected area.
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The location of the terrain in protected area determines the need for the elaboration of
environmental studies, to be submitted to the competent authorities for obtaining
of the necessary permits and licences, the completion of which was not possible to undertake in the
term of extension set by the cited Decree No. 22-A/2005.
In reality, on this date, it still occurs as necessary:
a) Complete and present the necessary studies in compliance with the procedures
applicable environmental legal and wait for the development of the procedure with
view of the respective authorisation;
b) Equating the future destination of the terrain where the radar station will be installed,
which may go through the hitherto fruitless attempt to conclude contract of
assignment of exploration of the area with the municipality, or diligenate by the declaration of
public utility of the immovable and consequent expropriation;
c) After being assured of the possession of the ground, under the terms of the paragraph
previous, launch the public procurement procedures necessary for the acquisition
and construction of the infrastructure of the radar station.
It is shown to be materially impossible to carry out all these representations up to 27 of
October 2006, date of expiry of the term of the preventive measures
currently in force, being certain to understand that the three year term now
proposed for further extension is what makes it possible to promote the above
referenced and others that come to be revealed appropriate with a view to the installation and
operation of the radar station.
In accordance with Article 9 (1) of the Decree-Law No. 794/76 of November 5, it is not
possible to enact new extension of that deadline by simple decree-law.
Finally, it is understood that there should not be any hiatus of time in the period of
effective of the said preventive measures, poring any edification that comes to
be carried out in the area of influence of the preventive measures decrees, may cause
interference on the radar signal, unfeasible irretrievably the operation of the radar.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
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Single article
This Act extends, for a period of three years counted as of October 27
of 2006, the term of the duration of preventive measures of land occupancy in the areas
forecasted for the installation of the secondary radar station of the Marão saw, defined and
delimited in Decree n. 50/2003, of October 27.
Seen and approved in Council of Ministers of October 4, 2006.
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs