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Extending For Three Years The Term Of Validity Of Preventive Measures Of Soil Occupation On The Site Planned For The Installation Of The Radar Station From The Serra Do Marão And The Surrounding Area, Established By Decree No. 50/2003 Of 27 October

Original Language Title: Prorroga por três anos o prazo de vigência das medidas preventivas de ocupação do solo no local previsto para a instalação da estação de radar secundário da serra do Marão e na área circundante, estabelecidas pelo Decreto n.º 50/2003, de 27 de Outubro

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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