1

PROPOSED LAW NO. 112 /X

Exhibition of Motives

The Law No. 58/2005 of December 29 (Water Law) transposed into planning

legal national a Directive No 2000 /60/CE, of the European Parliament and of the Council,

of October 23, 2000 (Water Framework Directive), and laid the groundwork for the

sustainable water management and the institutional framework for the respective sector, based

on the principle of the Hydrographic Region as the main unit of planning and management,

as imposed by the aforementioned Directive.

In that context, the Water Act mandates that the reformulation of the utilization regime

of water resources per se initiated is completed upon the approval of a new

regime on the uses of water resources and their respective securities.

In the face of the exposed, it appears necessary to make the definition of the requirements and

conditions of the allocation and extension of water resources use securities,

enunciate the conditions for regularisation of the allocation of those, as well as establish

the regime applicable to existing untitled situations, essential materials to the correct

and complete application of the Water Act.

Ora, considering that the matter concerning the regime for the use of water resources

falls broadly, broadly, in the point v) of Article 165 (1) of the Constitution, in the

measure in which it correlates with the regime of the goods of the public domain, hence results

that the projected normative intervention lacks to be carried out by law of the Assembly

of the Republic or by authorized decree-law.

In the present situation, it has opted for the submission of a proposal for a law of

authorization, taking into consideration the legislative tradition of the sector of referring to

mere decree-law the regulation of the use of water resources,

substantiated in the Decree-Law No. 468/71 of November 5, and Decree-Law n.

46/94, of February 22, as well as the provisions of Article 102 (2) of the Law of

Water which provides that the respective supplementary regulations revised the form of

Decree-law.

The self-governing bodies of the Autonomous Regions and the Association were heard

National of Portuguese Municipalities.

2

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 proposed law:

Article 1.

Subject

Is the Government authorized to approve the supplementary regime of Law No. 58/2005 of 29

of December, abbreviated as the Water Act, in the part respecting the

use of water resources.

Article 2.

Sense and extension

1-A The authorization referred to in the previous article is granted in the sense of approving a

new legal regime for the use of water resources in the terms set out by the

Water Law, providing for the requirements and conditions of the allocation of land titles

of the water resources.

2-The legal regime that the Government becomes authorized to establish on the terms

provided for in the previous article defines:

a) The subjection to the preview of the use of water resources in the cases of

deployment of maritime or river navigation support services and the infra-

structures and equipment supporting the navigation of public use, yet

located on shores and related private beds with public waters, provided that

involve avulated investments and integrate the provision of services such as,

sale posts for fuels, area intended for maintenance of

vessels, aid posts and surveillance and or communications;

b) The subjection to the preview of the use of water resources in the cases of

deployment of industrial equipment or other infrastructure that

involve avulated investments whose repayment term is more than 10

years, of use of the water resources of the maritime public domain to

production of electric energy from the energy of the waves of the sea with a

installed power of more than 25 MW and of installation and simultaneous exploration of

equipment and beach supports;

3

c) The assumptions, terms and conditions of issue of authorisations and licences

of the use of water resources and the allocation of the granting of uses of the

public domain, as well as the stepping up of administrative procedures

aiming at obtaining the aforementioned headings of use of water resources;

d) The possibility of transmission of the titles of use of water resources,

including to heirs and legants, as long as the requirements are maintained that

have presided over their assignment and that the transmission carried out determines the sub-

rogation of the acquirer in all rights and duties of the transferor while

during the period of validity of the title transmitted;

e) The conditions under which it is possible to carry out the transaction and the temporary ceding

of the licences for water catchment and for the rejection of waste water, among the

which should figure out the need to ensure the requirements for the assignment of the

corresponding title, the prediction of the possibility of transaction in the Plan of

Management of the Basin Area and the intended use report to the same basin

hydrographic;

f) The procedure and conditions for the modification of the headings of use of the

water resources at the initiative of the competent authority or on the initiative of the

user, with the possibility of the user for opting for proportional reduction

of the fee to be paid or for the waiver of your right of deprivative use in the cases of

reduction of the area allocated to the deprivative use of the water domain;

g) The ressaration of the holder of the title of use of water resources always

that there has been realized, under the title, investments in fixed installations, in the

express assumption of a minimum duration of use, owing to

compensation be calculated by reporting to the actions that would allow the fruition of the

right of the holder, in the still unamortized part, on the basis of the quota method

constants, depending on the expected duration and non-concretized;

h) The possibility of extension, for a single time, of the term limits of the

uses of water resources to enable the recovery of the

additional investments to those initially carried out by users, since

that the said investments are duly authorized by the

competent authority, if it demonstrates that the same were not even could be

recovered and that do not exceed the total term of 75 years;

i) The conditions and the assumptions of submitting requests for prior information

on the possibility of the use of water resources, including the definition

4

of the administrative fees to which the same are subject and the definition of the

terms and of the situations in which the responses rendered are binding;

j) The definition of the assumptions, terms and conditions of use of resources

water intended for the catchment and waters, for human consumption or for other purposes,

to the research and abstraction of groundwater, to the production of electrical energy, to the

wastewater discharge, recharge and artificial injection into waters

underground, to the immersion of waste, to the use of hydraulic infrastructure, to the

realization of sport competitions and maritime-tourist navigation, à

installation of infrastructure and floating equipment, biogenetic crops and

marine, landfilings and excavations, the extraction of inert, the recharge of beaches and

artificial assortments or the realization of constructions, beach supports,

equipment and infrastructure supporting the road movement;

l) The prohibition of the discharge of sludge into surface water or groundwater;

m) The exercise of the duty of self-tutelage by the competent administrative entities

face to the private individuals who carry out abusive uses of water resources;

n) The setting of the procedure and the stipulation of a two-year period for the

users of water resources who lack the title to regularise their

situation, and may benefit from exemption from fines;

o) The definition of a special scheme for regularization of assigning securities of

use of water resources to companies holding centres

electro-producers, predicting the possibility of continued use of the

water resources upon the conclusion of a concession contract on the deadline

of two years;

p) The definition of the counter-ordinations for the violation of the standards on use of the

water resources by reference to the nomenclature fixed by Law No. 50/2006, of

August 29, and the establishment of compulsory sanctions in the case of delay of

payment of fines due.

Article 3.

Duration

The legislative authorization granted by this Law shall be for the duration of 180 days.

Seen and approved in Council of Ministers of January 11, 2007

5

The Prime Minister

The Minister of the Presidency

Minister of Parliamentary Affairs

6

The Law No. 58/2005 of December 29 (Water Law) transposed into planning

legal national a Directive No 2000 /60/CE, of the European Parliament and of the Council,

of October 23, 2000 (Water Framework Directive), and laid the groundwork for the

sustainable water management and the institutional framework for the respective sector, based

on the principle of the Hydrographic Region as the main unit of planning and management,

as imposed by the aforementioned Directive.

In that context, the Water Act mandates that the reformulation of the utilization regime

of water resources per se initiated is completed upon the approval of a new

scheme on the uses of water resources and their respective titles, task to which the

present decree-law aims to correspond.

The new regime does not come to subject licensing new uses that they should not be devout

already be titled under the Decree-Law No. 46/94 of February 22, diploma ora

replaced. The present decree-law before intends to put an end to a philosophy of a certain

disincentive to economic activities related to water, creating a new

framework of relationship between the State and users of water resources

based on the requirement of law enforcement, but also in recognition

unequivocal of rights to users. In that sense, the new regime comes to enshrine

the rights assigned to the user and accurately frame the terms in which the

Administration may resort to the mechanism of the revocation of a title, being, in

any case, necessary the prior hearing of the holder of the use. More still, always

that the holder of a use has carried out investments in fixed installations,

should be ressarated from the value of the investment realized, in the part not yet

amortized, depending on the duration provided for in the respective title of use and that not

can be realized. Still a realization of a new approach in the

relationship of the state with the citizens users of water resources is the

introduction of the principio of the rights of the private utent, predicting that it is up to the

State and the other competent entities or their respective bodies and agents, the

warranty of the rights of the private use of public goods under a title of

use, responding civilly to the person concerned, in the general terms, by all

the damage that adheres to the lack, insufficiency or inoperability of the providences

appropriate to the guarantee of their rights. The present arrangements shall also apply to the

port administrations, under the terms set out in the Water Act, without prejudice to, in the

future, a scheme of its own for port activity is to be approved, given the

7

specialties of the sector.

On the other hand, notwithstanding every use must correspond to a title that is

managed by a user, reality shows us that, in many situations, the same

title appears to legitimize several major uses, either because it was so

constituted originally, as is the case with the so-called ventures of

multiple purposes, either because it happened in the course of the farm, as is the

case of the assimilated ventures. For its complexity and importance

economic, it imports to normatively welcome this reality and frame the respective

operating regime, so as to ensure in a rational and effective manner the standard of

quality for the management of water resources.

The new regime also has concerns of administrative simplification, enticing

mechanisms to make the allocation of usage titles more Celere. Since soon, the

side of the concession and license figures, the figure of the permit is introduced for

some uses of particular water resources, such as constructions,

deployment, demolition, alteration or repair of hydraulic infrastructure and

caption of waters. The application for permission can be tacitly deinjured

a period of 2 months counted since the submission of the application and verified the

conditions for use. The authorisation can be even replaced by

a mere prior communication to the competent authorities when they are in question

water caps with power equal to or less than 5cv, or in the cases provided for in the

regulations of the basin management plans or in the special planning plans

of the applicable territory. More and more generally, in the framework of procedures

provided for in this decree-law, the use of computer media shall be adopted as

method of agilization of the procedurance procedure and displaces the obligation to obtain

information held by public authorities for the sphere of the Administration.

One other important innovation is the introduction of the possibility of transactioning

securities between users of the same catchment area, provided that, among others

requirements, the respective basin plan provides for such a possibility and is not in

causes the public supply.

Finally, one of the biggest obstacles to the rational and sustainable management of resources

water has been the inexistence of an up-to-date inventory of uses

existing. In order to fill this difficulty, the National Information System is created

of the Headlines of Use of Water Resources, managed by the Institute of Water,

passing the competent entities for the issuance of the headings of use to be

8

obliged to proceed to their registration. This system, permanently updated,

will allow to improve the performance of the water Administration.

The self-governing bodies of the Autonomous Regions and the Association were heard

National of Portuguese Municipalities.

Thus:

In the terms of the points a) and c) of Article 198 (1) of the Constitution, the Government

decrees the following:

CHAPTER I

Titles of use of water resources

SECTION I

General provisions

Article 1.

Title of use of water resources

The authorization, license or concession constitute securities of use of the resources

water, pursuant to Law No. 58/2005, of December 29, and are regulated in the terms

of that diploma and of the present decree-law.

Article 2.

Abusive use

1-If it is abusively occupied any share of the water public domain, or in it

if they improperly perform any works, the competent authority shall subpoena the

infringer to vacate it or to demolish the works done, setting for the effect a deadline.

2-Without prejudice to the application of the penalties that in the case couberin and the efectivation of the

civil liability of the offender for the damage caused, once the deadline has elapsed

fixed by the competent authority, this shall ensure the reposition of the parcel in the situation

previous to the abusive occupation, and may for the purpose of resorting to the public force and ordering the

demolition of the works on account of the offender.

3-When the expenditure incurred by the competent authority in the terms of the number

9

previous not to be paid voluntarily within 20 days of the notification

for the purpose, these are charged judicially in the process of tax enforcement,

serving as an executive title to the certificate passed by the competent authority for

order the demolition, substantiation of the expenses incurred.

4-If the person concerned invoicing the entitlement of a right on the occupied parcel, this

must prove the affirmative condition and apply for the respective delimitation, and may

competent authority provisionally authorising the continuity of use

deprivative.

Article 3.

Contents of the right of deprivative use

1-Deprivative use licences and concessions, while they remain, confer upon the

its holders the right of exclusive use, for the purposes and with the limits

consignments in the respective constitutive title, from the plots of the water public domain

the one they respect.

2-If the permitted use involves the realization of works or changes, the right of the

deprivative use covers powers of construction, processing or extraction, as

the cases, understanding that both the constructions carried out and the facilities

demountables remain on the property of the licence holder or concession until

expiring the respective deadline.

3-Once the time limit mentioned in the preceding paragraph is expired, the provisions of the

n Article 69 (2) of Law No 58/2005 of December 29.

4-It shall be up to the competent authority to transmit to the holder of the right of custodist use the

dominial terrain, providing you with the commencement of consenting use.

Article 4.

Realization of works

1-Whenever the deprivative use involves the realization of works by the person concerned, it is up to

this subject submits the respective project to the approval of the competent authority, owing

carry out the works within the deadlines that are set and in harmony with the

project approved and with the laws and regulations in force.

2-A The execution of the works shall be subject to the supervision of the competent authorities, whose

10

agents will have free access to the site of the works.

3-Terminated works should the person concerned remove all the rubble and materials

from those coming to the place where they do not cause damage.

4-Without prejudice to the application of the other sanctions that in the case couberem, the

failure to comply with the provisions of this Article shall be punished with the sanction stipulated in the

title or will give place, if works without approved project are carried out or with

disrespect of the approved project, to its compulsive demolition, total or partial, by

account of the offender.

5-The interested responds for all the damage it causes with the execution of the

works.

6-The executed works may not be used for a different purpose than that stipulated in the

constitutive title without the permission of the competent authority.

7-The works and buildings constructed on dominial grounds cannot be disposed of,

directly or indirectly, nor burdening or mortgaged without authorization from the

competent authority for the licensing of the use of water resources.

8-A violation of the provisions of the preceding paragraph matters the nullity of the act of

transmission or burdening, without prejudice to other sanctions that the case coubered.

Article 5.

Self-monitoring, monitoring programmes and emergency plans

1-The licence holder or the concessionaire shall install a self-monitoring system and

or monitoring programs appropriate to their respective uses whenever that

installation is required with the issuance of the respective title.

2-The characteristics, procedures and periodicity of sending records to

competent authority shall form an integral part of the contents of the respective title.

3-The charges arising from the installation and operation of the self-control system and

or of the monitoring programmes are the responsibility of the holder of the licence or

concession.

4-The holder of the licence or concession maintains an up-to-date record of the values of the

self-control and or of monitoring programmes, for inspection or

supervision by the competent authorities.

5-Users who explore facilities likely to cause impact

significant on the state of the waters are still required to define measures of

11

prevention of accidents and emergency plans that minimise their impacts.

6-Any accident or serious anomaly in the operation of the facilities,

notably with influence in the conditions of discharge of waste water or in the

state of the water bodies, shall be communicated by the user to the authority

competent within twenty-four hours of its occurrence.

Article 6.

Defence of the rights of the private utterance

1-Where some parcel of the water public domain is affected to a

deprivative use and this is disturbed by abusive occupation or other means, may the holder

of the respective licence or concession require the competent authority to take the

arrangements referred to in Article 2 or others that prove to be more effective for

guarantee of your rights.

2-The State and the other competent authorities, or the respective bodies and agents,

we respond civilly to the person concerned, in the general terms, for all the damage that

for this advies of the lack, insufficiency or inopportunity of the providences

appropriate to the guarantee of their rights.

Article 7.

Multi-purpose ventures

1-The multi-purpose ventures originally constituted to accomplish

more than one main use are managed, in each case, by a single

public or private entity.

2-Enterprises are operated by a legal person of public law

or private, albeit from public capitals, through concession contract awarded

by the member of the Government responsible for the area of the environment, by cabling the tutelage on the

dealership with respect to water resources to that member of the Government

jointly with the minister responsible for the sector of activity concerned.

3-In the concession contract referred to in the preceding paragraph may, by

compliance with the provisions of Article 13, be assigned competences for the

licensing and surveillance of the use of public water resources by third parties.

4-Without prejudice to the special scheme to be adopted in accordance with Article 76 (3) of the Law

12

n. 58/2005 of December 29, to the multipurpose ventures apply the

provisions of this decree-law.

Article 8.

Assimilated ventures

1-Consider equating to the ventures of multiple purposes those

ventures that, although originally constituted to carry out only one

main use, have passed or dispose of conditions for, in the course of

exploitation, carry out other main uses.

2-Hydro-agricultural profiteers and hydroelectric harnesses that, from

agreement with the scheme respectively applicable, whether or should they be managed on the basis of

in concession, are classified as assimilated endeavors to

multipurpose ventures.

Article 9.

National Information System of the Headlines of Use of Water Resources

1-The registration and characterization of the uses of water resources, whatever

the licensor entity, are carried out through the National Information System of the

Headings of Use of Water Resources (SNITURH) in accordance with the

provisions of Article 73 of Law No 58/2005 of December 29.

2-Compete to INAG, in the frame of the implementation of the SNITURH, guarantee its

computer operationality, on the basis of communication carried out by the entities

licensor graduates in the allocation of the titles of uses of water resources.

3-The registration and characterization mentioned in paragraph 1 shall be carried out by the entities

licensor, within the scope of their licensing and surveillance skills.

4-The SNITURH shall create the mechanisms that allow to comply with the

provisions of Article 90 (3) of the Law No 58/2005 of December 29, being of the

liability of the supervising entities to be updated.

5-Should an anomaly occur at the SNITURH that makes it difficult to or prevent the registration

mentioned in the preceding paragraph, it is incumbent upon the INAG to guarantee its update through

of the communication by the licensor entity.

6-The registration and the communication, to be carried out before the issuance of the respective title, have

13

mandatory character.

7-When the use respects the activity subject to environmental leave, the issue

of that licence is also subject to registration at the SNITURH.

SECTION II

Assignment of the titles of use

SUBSECTION I

General provisions

Article 10.

Decision

The allocation of a water resources use title depends on compliance

of the provisions of Law No 58/2005 of December 29 of the provisions set out in the

present decree-law applicable to you, of the other applicable legislation, well

how to:

a) From the non-existence of other actual or potential uses of water resources,

recognized as priority and not compatible with the application;

b) From the possibility of compatibilizing the use with preexisting rights;

c) In the case of groundwater abstraction research, of the observance of the

requirements applicable to the caption to which it is intended;

d) From the non-existence of unfavorable binding opinions of the entities

consults in the procedure, as well as those resulting from the advertised phase,

when the same there is place.

Article 11.

Request for prior information

1-Any interested person may submit to the competent authority a request

of prior information on the possibility of the use of water resources for the

intended end.

2-Of the application provided for in the preceding paragraph shall appear:

a) The strict identification of the intended use;

14

b) The exact indication of the intended site, particularly with recourse to the

geographical coordinates.

3-A competent body decides the request for prior information within 45 days

counted from the date of its reception.

4-A Prior information links to the competent entity provided that the application for issuance

of the title shall be submitted within one year of the date of its notification,

exceptionally extended by reasoned decision, without prejudice to the

constraints resulting from both the respect for the rules of the contest or the

decisions or opinions, endowed with a binding character, issued subsequently in the

scope of licensing.

Article 12.

Competent authority

1-The titles of use are assigned by the administration of the hydrographic region

territorially competent, abbreviately designated ARH.

2-In the case where the use is located in more than one territorial area, the

competence for the licensing rests with ARH where the largest occupied area is located

by the use or, in the impossibility of following this criterion, it is competent to

that has jurisdiction in the area where the main intervention is located.

3-In areas of the jurisdiction of maritime authorities compete with the captains of ports

licensing the beach supports provided for in Article 63 (2).

4-Compete to INAG define and harmonize the procedures necessary for the assignment

of the titles of use of water resources.

Article 13.

Delegation of competences

1-A ARH may delegate its skills in licensing matters to the

use of water resources, in accordance with Article 9 (7) of Law No 58/2005,

of December 29, which are exercised by the delegated authority in accordance with

the instructions provided by the delegating authority.

2-When it is at cause the quality of water, the delegated authorities submit

to the approval of ARH the conditions to be defined in the respective title.

15

3-Without prejudice to what to be established in the respective instrument of delegation of

competencies, the delegated authorities are still required to present the

studies, plans and monitoring programmes that come to be requested by ARH.

4-A ARH may delegate the competence laid down in Article 70 (5) of the Law

n ° 58/2005 of December 29, provided that, demonstrably, users who

integrate the association demonstrate the managerial capacity of the respective securities,

particularly for the respect of the quality objectives and the use

economically sustained from water.

5-Without prejudice to the provisions of the other applicable legislation, ARH may still avocate

the delegated powers in licensing, inter alia:

a) When you check the suspension or review of the plans;

b) During the occurrence of special situations, particularly droughts and floods;

c) When you check the non-compliance with the plans or guidelines of the

delegating by the entity to whom the competence has been delegated;

d) When the default of the provisions of paragraphs 2 and 3 is found to be fulfilled.

6-The provisions of the n. the

2, 3 and 4 of this Article applies, with the necessary

adaptations, to the delegation of competence referred to in Article 13 (1) of the Law

n. 58/2005, of December 29.

7-A delegated competence in the entities referred to in paragraph a) of Article 9 (7)

of Law No. 58/2005 of December 29, may be subdelegated in association of

municipalities made up of the subject municipalities of the delegation, by reference

expressed in the instrument proceeding to the delegation, without prejudice to the power of avocation

provided for in paragraph 5.

Article 14.

Submission of applications

1-The applications may be submitted by the person concerned on paper support or,

when possible, in computer support and by electronic means.

2-The applications are accompanied by statement attests to the authenticity of the

information provided, to which it must be signed by the person concerned, or by its legal

representative when dealing with a legal person, the signature being replaced, in the

application case submitted in computer support and by electronic means,

by the available electronic means of certification.

16

3-The initial application for the application for the issuance of title of use is submitted

along with the competent authority, instructed with the following elements:

a) Document of which conste:

i) The identification of the applicant and his / her tax identification number;

ii) The descriptive elements of the use defined in portaria to be approved by the

member of the Government responsible for the area of the environment.

b) Other documents held by the applicant as relevant to the assessment of the

request.

4-Within ten days of the submission of the initial application, the entity

competent checks whether the application is instructed with the totality of the elements

required, and may request for this purpose, for a single time, the provision of

additional information or elements, as well as its addition or

revamp.

5-When the person concerned submits the initial application in computer support and

by electronic means the subsequent communications between the licensor entity and the

interested in the scope of the respective procedure are carried out by means

electronic.

6-A The competent authority may, within the time limit of paragraph 4 and instead of the communication

there envisaged, convening the applicant for the holding of an instructional conference, at the

what are addressed all the aspects considered necessary for the good decision of the

request and eventually requested additional instructory elements.

7-In the event that the applicant does not bring together the elements requested by the entity

competent in the terms of the preceding paragraphs within 60 days of the

notification of request for elements, or to join them in a deficient manner or

insufficient, the request is liminally undue.

8-The time limit referred to in the preceding paragraph is exceptionally extended by decision

duly substantiated.

Article 15.

Queries

1-Without prejudice to the provisions of other legal or regulatory diplomas, the issuance

of the following titles lacks the achievement of the following consultations:

a) The issuance of the wastewater discharge permit in agricultural or forestry soil

17

lacks a favourable opinion of the regional directions of agriculture and health

territorially competent;

b) The issuance of the land use securities for the installation of the

establishments provided for in Articles 73 and 74 of this decree-law lacks

of assent of the Directorate-General for Fisheries and Aquaculture relatively to

salted, salty waters and their berths, or of the Directorate General of Resources

Forestry, abbreviately designated DGRF, in the case of establishments

dulceaquaculture;

c) The issuance of the title of deployment of hydraulic infrastructures lacks the

favorable opinions issued by the dams safety authority, in the

scope of the provisions of the Decree-Law No. 11/90 of January 6 or in the Decree-Law

n. 409/93 of December 14 and by the DGRF, concerning the devices of

passages for fish;

d) The issuance of the licence for the purpose of use of docked vessels or

fundeed, with no means of locomotion of its own or sealed, lacks the opinion of the

competent body in the safety of the floating material and of

navigation;

e) In the cases referred to in Article 12 (3), the issuance of licence lacks

assent issued by the ARH, pursuant to Article 11 (5) of the

Decree-Law No 309/93 of September 2, as amended by the

Decree-Law No 218/94 of August 20;

f) The issuance of the titles of use of the maritime public domain that may

affect maritime security, preservation of the marine environment or other

assignments of the National Maritime Authority, must be preceded by opinion

favorable of this Authority;

g) The issuance of the headings of use that may affect port security and

navigation lacks a favourable opinion of the port administration in whose area

of jurisdiction enrolled in or from the Port Institute and Maritime Transport,

abbreviately designated IPTM, whenever the title should not be by it

issued;

h) The issuance of securities that has an economic impact on the exploitation of infra-

already existing port structures lacks the opinion of the port administration

or of the IPTM, whenever the title should not be by these issued;

i) The issuance of the headings of use for availing of the production of

18

electrical energy greater than 100 MW lacks the favourable opinion of the Directorate-

General of Geology and Energy, abbreviately designated DGGE.

2-A The competent authority promotes the consultations referred to in the preceding paragraph, well

like the rest ones that are legal and regulary-demand, within 15 days of

count on receipt of the application or receipt of the additional items referred to us

n. os

4 a to 6 of the previous article.

3-At the end of the period set out in the preceding paragraph, the applicant may apply for

passage of certificate of the promotion of the due consultations.

4-If the certificate referred to in the preceding paragraph is negative or is not issued in the

respective time frame, the person concerned may directly promote the respective consultations

or ask the court to promote them or to convict the competent authority of

promote them.

5-A non-issuance of opinion within 45 days counted from the date of

promotion of the consultations provided for in the preceding paragraphs amounts to the issuance of

assent, except in the cases in paragraph c) of paragraph 1 in which it is in cause to

security of people and goods.

6-When the available means permit and the competent authority shall determine it,

the opinions provided for in this article may be issued at a conference of

services, which can be carried out by electronic means.

7-The opinions referred to in the preceding paragraph are reduced to be written in the minutes of the

conference signed by all gifts, or documented through another medium

which attests to the position taken by the representative of the consulate entity.

SUBSECTION II

Authorization

Article 16.

Prior communication

1-A authorisation may be replaced by the mere prior communication of commencement of

use to the competent authorities, under the terms and conditions laid down in

regulation attached to the basin management plan or the special planning plan

of the applicable territory and in the case provided for in Article 62 (4) of Law No 58/2005, of

December 29.

19

2-A communication referred to in the preceding paragraph shall be made in writing, addressed to the

competent authority and containing the elements established by the portaria to which if

refers to sub-paragraph ii) of the paragraph a) of Article 14 (3) of this Decree-law.

Article 17.

Application for authorisation

The application for permission is deemed to be tacitly deinjured in the absence of a decision

express no later than 2 months from the date of your submission and as long as you do not

check any of the assumptions that would impose the dismissal, except in cases

of capping waters for human consumption.

Article 18.

Issuance of the authorisation

With the final decision, it is issued and sent to the user within 15 days of the respective

title of use containing the respective terms, conditions and technical requirements,

pursuant to the terms set out by the portaria referred to in sub-paragraph ii) of the paragraph a) of the n.

3 of Article 14 of this decree-law.

SUBSECTION III

License

Article 19.

Uses subject to licence

Lack of prior licence issuance the custodial uses of water resources

referred to in Law No. 58/2005 of December 29, as well as:

a) The realization of research and construction work for water catchment

underground in the public domain;

b) The production of electrical energy from the energy of the waves of the sea, when the

installed power does not exceed 25 MW.

20

Article 20.

Procedure

1-Without prejudice to the provisions of the following article, the permit for use shall be assigned by the

competent authority through application submitted by the particular.

2-The application is appreciated and decided within 45 days of the end of the phase of

consultations provided for in Article 15 of this decree-law.

Article 21.

Licences subject to tender

1-Are assigned through concursal procedure, pursuant to this article, the

uses subject to license from:

a) Extraction of inert in shores and related beds with public waters in

volume greater than 500m 3;

b) Occupancy of the water public domain, save in the cases of water discharge

residual, refill and artificial injection in groundwater or still, in

area of port jurisdiction, of dominial uses with a period of equal or less than

one year;

c) Installation of beach supports on the grounds of the public domain.

2-In the case of the occupation of the water public domain subject to tender being

associated with another use of water resources, the contest will focus on the

all uses.

3-When the allocation of the permit results from public initiative, the tramway of the

concursal procedure is as follows:

a) The competent authority shall carry out the publicisation of the terms of use a

license through ad in Journal of the Republic and erection of edials where

build the main characteristics of the use in question, the criteria of

choice and the elements set out in the porterie referred to in sub-paragraph ii) from the

point ( a) of Article 14 (3) of the present decree-law, inviting the

interested to submit proposals within 30 days, with the respective

operating conditions;

b) The proposals are not admitted:

i) When received outside the prescribed time limit;

21

ii) When they do not contain the elements required in the notice;

c) Received the proposals, the jury prepares, within 30 days of the term of the

deadline for the respective submission, a report in which it proceeds to the assessment

of the merit of them and orders them for the purpose of awarding the licence accordingly

with the criteria set out in the notice of the opening of the contest;

d) Ordered the contestants, the selected candidate in the first place starts the

licensing procedure referred to in Article 20, within the maximum period of a

year, extended for equal period and for a single time;

e) If the competitor does not comply with the one set out in the preceding paragraph or if the application

presented for undue, is notified to the same effect the candidate

graduated immediately from following and so successively, while not if

deplete the period of validity of the contest.

4-When the assignment of the license results from the application submitted by the particular together

of the competent authority, the springboard of the concursal procedure is as follows:

a) The person concerned shall submit an application for a licence award, of which they are listed

location, the object and characteristics of the intended use;

b) The competent authority proceeds to the advertiment of the application submitted, through

of the erection of editais and publication in the places of style during the term of 30

days, opening up the faculty of other stakeholders to be able to apply for you to

issuance of the title with the object and purpose for the advertised use or

to submit objections to the award of the same;

c) The period referred to in the preceding paragraph without a submission shall be made

competitor request, the licensing procedure referred to in the

article 20, within a maximum of one year, extended by equal period and by

a single time;

d) If during the period referred to in paragraph b) identical applications are submitted from

allocation of leave, the competent authority starts a concursal procedure

among those concerned, which follows the terms set out in the preceding paragraph, with the

necessary adaptations.

5-In the cases referred to in the preceding paragraph, the first applicant shall enjoy the right to

preference provided that they communicate, within 10 days of the notification of the

choice of the proposal, subject to the conditions of the selected proposal, save by treating-

if from the previous holder expressing interest in the continuation of the use, in which case

if you will observe the provisions of paragraph 7.

22

6-In cases where the contest provided for in paragraph 3 becomes deserted, it may be the licence to be

assigned, in the conditions laid out in the contest, to the former incumbent.

7-Without prejudice to the licensing regime for discharges of wastewater, the

previous holder may express to the competent authority the interest in the continuation of the

use, within one year before the end of the respective title, shall be entitled to

preferably, provided that, within 10 days after the award of the procedure

concursal provided for in paragraph 3 or paragraph 4 communique shall subject to the conditions of the proposal

selected.

8-In the case provided for in the preceding paragraph may exceptionally be extended the

period of validity of the title of use up to the final decision of the procedure of

contest, and in any case may not, the said extension exceeds the deadline

maximum two years.

Article 22.

Issue of the licence

1-With the final decision, it is issued and sent to the user the respective title of

use containing the respective terms, conditions and technical requirements, in the terms

established by the portaria referred to in sub-paragraph ii) of the paragraph a) of the Article 3 (3)

14. of this decree-law.

2-A The issuance of the permit for use is subject to the provision of appropriate collateral

intended to ensure the fulfillment of the obligations in question, the scheme of which and

amount are listed in the Annex to this decree-law, of which it is an integral part.

3-The holder of the licence may be exempted from the provision of the collateral for recovery

environmental, depending on the type of use intended and provided that this is not

likely to cause significant impact on water resources.

4-The title of use for deployment of hydraulic infrastructures is issued

simultaneously with the title of water abstraction.

5-The title of groundwater catchment use is issued within 15

days from the approval of the report referred to in Article 41 (3) of the present

Decree-law.

23

SUBSECTION IV

Concession

Article 23.

Uses of the public domain subject to grant

1-Are subject to prior concession to the private uses of water resources

referred to in Law No. 58/2005 of December 29, as well as:

a) The deployment of services to support maritime or river navigation, provided that

involve avulated investments and integrate the provision of services such as,

sale posts for fuels, area intended for maintenance of

vessels, aid posts and surveillance and or communications;

b) The infrastructure and support equipment for public use navigation, still

which located on shores and related private beds with public waters, since

that they review of the characteristics of the ( a) ;

c) The deployment of industrial equipment or other infrastructure that

involve avulated investments, the maturity of which is greater than 10

years;

d) The use of the water resources of the maritime public domain for production

of electrical energy from the energy of the waves of the sea with a power

installed greater than 25 MW;

e) The installation and concurrent operation of equipment and beach supports

referred to in the n. the

1 and 3 of Article 63 of this decree-law.

2-A the application of the concession scheme to the exercise of an activity in which

there are several uses, in accordance with Article 60 (2) of Law No. 58/2006, of 29

of December, is without prejudice to the observance of the specific requirements of all

uses.

Article 24.

Allocation of concession

1-A concession is awarded through concursal procedure, in the terms of the present

article, and may still be directly attributed by decree-law to public entities

business and to the remaining public companies to whom it should fit the exploration of

24

multipurpose ventures.

2-Without prejudice to the provisions of the preceding paragraph, the choice of the concessionaire is

performed through pre-contractual procedure of public tender whenever the

awarding of the concession result from public initiative.

3-The Government can promote the implementation of hydraulic infrastructure

public intended for the production of hydroelectric energy exceeding 100 MW, being

in such cases the concession awarded by the concursal procedure to be carried out in the

terms set, for each concession, by resolution of the Council of Ministers.

4-The public tender referred to in paragraph 2 shall be carried out, with the necessary adaptations, of

agreement with the standards relating to the conclusion of contracts for works of works

public or of supplies and purchase of goods and services, depending on the concession

to imply or not to carry out works, and the previous holder may exercise the right to

preference in the terms provided for in Article 21 (7) of this decree-law.

5-When the allocation of the concession results from the application submitted by the particular

together with the competent authority, the choice of the concessionaire is carried out in accordance

with the provisions of the n. the

4 a to 7 of Article 21, with the necessary adaptations.

6-Without prejudice to the provisions of the preceding paragraph and when the number of claims

presented the justices, the competent authority may decide that the choice of the

concessionary is held by public tender, in accordance with paragraph 4,

retaining the rights of preference mentioned in the n. the

5, 6 and 7 of Article 21 para.

7-If the former holder shall express to the competent authority the interest in the continuation

of the use, the term of the title of use may be exceptionally extended until

to the final decision of the concursal procedure, and may not, in any case, be referred to

extension exceeds the maximum period of five years.

Article 25.

Contract of concession

1-The contract for the granting of the private use of the water resources of the field

public provides, in particular, about the respective terms, conditions and requirements

technicians, pursuant to the terms set out by the portaria referred to in sub-paragraph ii) of the paragraph

a) of Article 14 (3) of this Decree-law.

2-The term of the concession, which may not exceed 75 years, is set to be given

nature and the size of the associated investments, as well as to their relevance

25

economic and environmental.

3-When there is place for the construction of infrastructure or the realization of works of

research for groundwater abstraction, the concession contract shall provide for the

deadline for its conclusion, considering, for the effects of the provisions of the number

previous, the start date of exploitation as the start date of the grant deadline.

4-A conclusion of the concession contract is subject to the provision of appropriate collateral

intended to ensure the fulfillment of the obligations in question, the scheme of which and

amount are listed in the Annex to this Decree-law.

5-The holder of the concession may be exempted from the provision of the surety to

environmental recovery, depending on the type of use intended and provided that this does not

is likely to cause significant impact on water resources.

SECTION III

Vicissitudes of the titles

SUBSECTION I

Transmission and transaction of the titles of use

Article 26.

Transmission of the titles of use

1-The title of use is transmissible in the terms of the n. the

1, 2 and 3 of Article 72 of the

Law No. 58/2005 of December 29, and provided that the requirements that

have presided over their assignment, by staying for this effect the surrogate acquirer in all

the rights and duties of the transferor while last the term of the respective title of

use.

2-The water resources use titles of natural persons transmit

to your heirs and legants, and may the competent authority declare the

expiry of the title within six months after the transmission, if you see that not

there are the necessary conditions for the issuance of the title or that the new holder does not

offers guarantees of observance of the conditions of the securities.

3-A Decision for authorization of the transmission referred to in Article 72 (3) of the

Law No 58/2005 of December 29 is issued by the competent authority on the deadline

of 15 days from the presentation of the respective application.

26

4-A transmission is averaged to the respective title of use, which for the purpose is

referred to the new holder.

5-A violation of the provisions of paragraph 1 imports the nullity of the act of transmission or

oneration, without prejudice to other sanctions that the case coubered.

Article 27.

Transaction and temporary ceding of water-use securities

1-Can be traded the licences for the uses provided for in the sub-

a) and b) of Article 60 (1) of Law No 58/2005 of December 29, and

temporarily ceded emerging use rights of these securities without it being

necessary to obtain administrative authorization, where, cumulatively:

a) If they report to uses located in different places within the same basin

hydrographic and for which this possibility is foreseen in the respective plan

of river basin management;

b) The transaction or ceding does not involve the transmission of securities of use

relating to public supply for uses of another type;

c) The requirements for assignment of the title are met.

2-Without prejudice to the provisions of the preceding paragraph, the licence transaction for

wastewater discharge is only admissible when it is destine to the same activity and

contain the same parameters and respective emission limits and program of

self-control.

3-The transferor shall notify the competent authority of the transaction with the

minimum one-month notice in advance of the date on which it will produce

effects.

4-A notification is irrevocable and shall include all conditions of the transaction,

may have the competent authority to exercise right of preference in the conditions

declared up to 15 days prior to the date on which the transaction will produce effects or, in the

same term, notify the parties of the impossibility of carrying out the transaction by

violation of the provisions of paragraph 1.

5-If the competent authority exercises the right of preference, the title is changed in

compliance as soon as the conditions of the transaction have been met.

6-Not being exercised the faculties provided for in paragraph 4, the competent authority

proceeds to the change of the title in accordance with the stated transaction,

27

particularly of the elements that relate to the identification of the holders, the

location of the use, the allocated percentages and the calculation of the rate of resources

legally due water.

7-As long as the title is not changed, the transferor keeps all obligations

assumed before the competent authority, on the terms in force prior to the transaction.

8-An organised market for transaction of licences and concessions and concessions can be created and

of temporary cedances of rights that respects the principles of advertising and the

free competition, the legal regime of which must appear in a decree-law.

SUBSECTION II

Control, modification and cessation of securities

Article 28.

Review of usage titles

1-The headings of use may be modified on the initiative of the authority

competent, albeit on a temporary basis, whenever:

a) If you check a change to the existing factual circumstances at the date of

issuance of the title and determinants of this, namely the degradation of the

conditions of the water medium;

b) Substantial and permanent changes occur in the qualitative composition and

quantitative of the raw effluents or after treatment, as a result,

particularly, of replacement of raw materials, of modifications to the

manufacturing processes or increase in production capacity that the

justifying, or in the event of changing the best available technique;

c) The monitoring data or others indicate that it is not possible to be

achieved the environmental objectives, as provided for in Article 55 of the Law

n. 58/2005 of December 29;

d) It is necessary for its suitability for the territorial management tools and the

Applicable Basin Management Plans;

e) If it checks a drought, natural catastrophe or another case of force majeer.

2-A The competent authority may still modify the headings of use when it is

unequivocal that the respective purposes can be pursued with smaller quantities

of water or with more effective techniques of use and preservation of the resource and since

28

that the review does not involve excessive burdensome in relation to the benefit

environmental achieved.

3-The holder is ressarated under the provisions of Article 32 (3) of the present

decree-law, if it waive the continuation of use as a result of the revision.

4-In the case of concession, the provisions of the preceding paragraphs shall be without prejudice to the

stipulated in the respective contract nor the observance of the principle of balance

economic-financial of the concession.

Article 29.

Change of title

1-Carece still from revision of the title, requested by the user:

a) The modification of the type of use;

b) The modification of the type, dimension or conditions of the operation carried out in the same

use, in particular as a result of the making of changes or

demolitions of infrastructure.

2-The user shall be exempted from submitting, with the application for review, the

documents that hajam instructed the initial application and to remain valid,

the consultations referred to in Article 15 of this Decree-

law.

3-In cases referred to in this Article, a survey may be carried out by

competent authority, being the notified user for the purpose.

4-Where possible, the forecast survey in the preceding paragraph is carried out

jointly with the remaining public entities of whose decision it depends on the use

in cause.

5-A The final decision is handed down within 30 days of the date of submission of the

application for review, date of conduct of the consultations or still, in the cases referred to in the

n. 3, of the date of the conduct of the survey, and may be as soon as assured in the decision

the extension of the concession pursuant to Art. 35 (2) of this Decree-law.

6-The terms of the review of use are averaged in the original title.

7-In the case of concession, the provisions of the preceding paragraphs shall be without prejudice to the

stipulated in the respective contract nor the observance of the principle of balance

economic-financial of the concession.

29

Article 30.

Reduction of area

1-When the area allocated to the private use is reduced as a result of

any natural causes or for convenience of public interest, the user may

opt for the proportional reduction of the fee to be paid or by the waiver of your right of use

deprivative.

2-The user is entitled to compensation, calculated in accordance with the terms of paragraph 3 of the

article 32, if opting for the waiver of the concession when the area allocated to the private use

is reduced for reasons of public interest.

Article 31.

Cessation of use

1-A cessation of the use of water resources from the public domain before the term

of the time limit of the respective title depends on the submission of an application for

waiver by the holder and the acceptance of this by the competent authority.

2-The application for resignation is filed with the competent authority, instructed with

the documentation that demonstrates that:

a) The cessation will not produce any environmental liability; and

b) Of the cessation do not result in substantial and permanent changes in the composition

qualitative and quantitative of the raw effluents or after treatment, nor is it

put at risk compliance with the environmental objectives.

3-A The competent authority shall decide the waiver application within 45 days of the

of the date of submission of the application, and may, at that time, carry out the surveys that

understand necessary.

4-A The competent authority may ask the operator, within 15 days and for a

only time, the information you understand by relevant to the decision to be made,

suspending the deadline referred to in the preceding paragraph until the respective presentation.

5-A The competent authority may subject the acceptance of the application for resignation to the

compliance with conditions that ensure the non-verification of the effects referred to in para.

2, notably by determining the user the adoption of mechanisms of

minimization and correction of negative effects for the environment.

30

Article 32.

Revocation of the titles of use

1-The headings of use are fully or partially revoked in the cases provided for in the

n. os

4 and 6 of Article 69 of Law No 58/2005 of December 29, and, still when

check some of the following situations:

a) The infeasibility of its review for the purposes set out in the paragraphs b) and c) of the n.

1 of Article 28 of the present decree-lei;

b) The lack of provision or maintenance of collateral or insurance policy on the terms

set by the competent authority;

c) The lack of installation of self-monitoring system provided for in Article 5 of the present

decree-lei;

d) The non-sending of the data relating to self-monitoring according to periodicity

required, pursuant to Article 5 of this Decree-lei;

e) The non-payment of the legally due water resources rate, whenever the

lives to extend for more than one semester.

2-A The revocation of securities is determined by the competent authority if the holder,

despite the fact that it warns of the default, it does not remedy the lack within the time limit for it

fixed.

3-In the situations referred to in paragraph a) of paragraph 1, the holder of the title, whenever there is

carried out, under the title, investments in fixed installations, on the assumption

express of a minimum duration of use, shall be ressarated from the value of the

investment carried out in shares that would allow the fruition of the right of the holder, in the

part yet unamortized, based on the method of the constant quotas, depending on the

expected and unrealized duration.

4-Announcement the revocation, the holder of the use must, within 10 days,

carry out the delivery of the respective title with the competent authority.

5-A continued use of water resources after the communication to which

refers to the previous number is illicit, assuming there is serious harm to the interest

public in the continuation or resuming of use by the holder of the revoked title.

31

Article 33.

Caducity

The headings of use lapse:

a) With the course of the deadline set;

b) With the extinction of the legal person who is its holder;

c) With the death of the natural person who is his or her holder, if the competent authority

check that the conditions for the transmission of the title are not met;

d) With the declaration of insolvency of the holder.

Article 34.

Term of the licence

1-Without prejudice to the provisions of special legislation, with the expiry of the licence, the holder

proceeds to the delivery of the respective title with the competent authority within 15

days and removes, within the time limit for it being fixed, the unmountable facilities, owing

works executed and fixed installations are demolished, save if the authority

competent opt for the reversion free of charge.

2-When it has to carry out the demolition or removal of premises, the holder of the

license reaps the situation that existed previously to the execution of the works, within the period that

it is fixed by the competent authority.

3-A The competent authority may impose on the user, within 30 days of the

delivery of the title, the adoption of measures aimed at eliminating or minimizing the amendment

of the qualitative and quantitative composition of the raw effluents or after treatment and the

non-compliance with the environmental objectives resulting from the use.

4-The holder of the permit for discharge of waste water into the waters or the soil may

ask for the renewal of your licence, within six months of the respective term,

case if they hold the conditions that have determined their assignment.

5-A The research license is valid for the maximum term of one year.

Article 35.

Term of the concession

1-With the expiry of the concession and without prejudice to the provisions of the respective contract,

32

revert free of charge to the State the goods and means to that directly affected, the

works performed and the facilities built in the framework of the concession, pursuant to the

provisions of the following article.

2-On the expiry of the deadline, when the holder of the concession has carried out

additional investments to those initially provided for in the concession contract

duly authorized by the competent authority and demonstrate that the same

were not yet nor would have been able to be recovered, this entity may opt for

reimburse the holder of the unrecovered value or, exceptionally and by a single

time, extend the concession by the required time limit to allow the recovery of the

investments, and may not in case any the total term exceeds 75 years.

3-A prolongation of the deadlines for the concessions of the hydroelectroproducing centres is

calculated in accordance with the criterion set in order to be approved by the members of the

Government responsible for the areas of the environment and energy, and may not in case

any the total term exceeds 75 years.

4-In the case of extension of the concession contract, the realization of the concession contract is not allowed

any other investment within the period of extension, except where necessary for

guarantee the safety and operationality of the harness.

Article 36.

Reversal

1-Declared to lapse or verified any other extinguishing cause of the contract of

concession or permit, follows the administrative possession of the goods that they have reversed for

the State, in accordance with the set out in the following numbers.

2-When there is a place the reversal of goods for the State, and without prejudice to the

established in the respective title, the competent authority takes administrative possession

of the subject goods, notifying those interested in the conduct of survey ad

perpetuate king memoriam .

3-A The survey referred to in the preceding paragraph is carried out by three appointed technicians:

a) By the competent authority, by the INAG and the DGGE, when they are concerned

installations for production of electrical energy;

b) By The Institute of Waters and Waste, when they are in question

public supply systems;

c) By the General Directorate of Agriculture and Rural Development, when they are

33

in the cause of hydroagricultural systems; or

d) By the IPTM or the port administrations, for the uses in which

have participated in the process of issuing the respective title.

4-Of the said survey is drawn up a self of which it appears, namely, the

inventory of the goods that revert to the State, the respective state of preservation, the

description of the qualitative and quantitative composition of the raw effluents or after

treatment and compliance with environmental objectives and, still, the proposal to

taking administrative possession, to be approved by the leaders of the services

participants of the survey.

5-A The competent authority may impose on the user, within 30 days of the

realization of the survey referred to in the preceding paragraph, the adoption of measures aimed at

eliminate or minimise the alteration of qualitative and quantitative composition of the

raw effluents or after treatment and non-compliance with environmental objectives

resulting from the use.

6-The goods necessary for the operation of the establishment object of contract of

concession that do not have reverted to the State by effect of the cessation of the relationship

contractual may be expropriated, on grounds of public utility, without prejudice to the

possibility of issuance of new licence or concession for the exploitation of them.

SECTION IV

Other regimes

Article 37.

Use subject to environmental impact assessment

1-In the case of use subject to environmental impact assessment in the terms of

applicable legislation, the procedure for the allocation of title of use can only

start after the issuance of favorable environmental impact statement or

conditionally favourable or decision-dispensing procedure of the evaluation procedure

of environmental impact.

2-In cases where the title of use is issued through procedure

concursal, the environmental impact assessment procedure occurs later

to its commencement, observing the provisions of Articles 21 and 24 of this decree-law

with the following adaptations:

34

a) Ordered the contestants, the selected candidate in the first place starts the

environmental impact assessment procedure, within the maximum term of one year,

extended by equal period and for a single time;

b) If the competitor does not comply with the one set out in the preceding paragraph or if the

environmental impact assessment procedure to be suspended by

period of more than six months for reason that is attributable to you, is notified

for the purpose of awarding the title of use the graduated candidate

immediately following and so successively, while not running out the deadline

of validity of the contest.

3-If the opinion of the competent authority and the declaration of environmental impact are

favorable or conditionally favorable, is recognized the public interest by

dispatch of the President of the INAG, upon publication in the Journal of the Republic , the

which replaces the public interest recognition procedure envisaged in the

point ( c) of Article 4 (3) of the Decree-Law No 93/90 of March 19.

Article 38.

Port administrations

1-Pursuant to Article 13 (2) of the Law No 58/2005 of December 29, in the

areas of the water public domain affections to port administrations, encompassing

all bodies and entities to whom the law confers the administration of the areas

port, the title of use of the water resources of such administrations is

assigned upon joint portery approved by the members of the Government

responsible for the areas of the environment and transport, and may assign them to

third party titles of use in those areas under competence delegated by the

referred to portaria.

2-A The porterie referred to in the preceding paragraph shall, in particular, establish the subject area

of the use, the conditions of dredging and the deposition of inert, the conditions of

punctual or diffuse discharges arising from the port activities, the definition of the

monitoring programmes, the rate of water resources applicable according to

legislation in force and, still, the terms of participation in the elaboration of studies and of the

planning plans that cover water resources in your area of jurisdiction.

3-The provisions of Article 13 of Law No 58/2005 of December 29, and in the numbers

previous is without prejudice to the legal regime of public service concessions of

35

movement of loads in port areas, nor from other concessions, licences and

authorisations for port and logistical uses, including complementary uses,

accessories or subsidiaries, entered into under specific schemes applicable in the

areas of port jurisdiction, nor the concessions heard under the Decree-Law

n. 254/99, of July 7.

Article 39.

Uses covered by the Convention for the Protection and the Enjoy

Sustainable from the Waters of Luscious River Basins-Espanholas

Where an application for use causes or is likely to cause impact

cross-border, the title assignment procedure is suspended during the

course of the period of the consultation to the responsible authorities of the Kingdom of Spain, the

carry out in accordance with Article 71 (1) of the Law No 58/2005 of December 29.

CHAPTER II

Uses

SECTION I

Caption of waters

Article 40.

Notion

1-Understand by capturing waters the use of water volumes, surface or

underground, with or without retention, particularly for the following purposes:

a) Human consumption;

b) Rega;

c) Industrial activity;

d) Production of hydroelectric energy;

e) Recreational or leisure activities.

2-For the situations involving the construction of infrastructure applies still the

provisions of section VI of this chapter.

36

Article 41.

Research and caption of groundwater

1-A The abstraction of groundwater, whatever its purpose, comprises

the following phases:

a) The research, which consists of the set of operations and or technical procedures

of mechanical polling, deepening and excavation, carried out with the

purpose of determining the existence, in quantity and quality, of waters

underground;

b) The execution of the well or furloughed, which consists of the set of works and procedures

technicians aiming to enable them to operate;

c) The farm, which consists of the faculty of making use of water

underground according to the conditions set out in the respective title of

use.

2-A research and the execution of the well or furthard are subject to the following requirements:

a) In the execution of the work, whatever its purpose, shall be carried out in such a manner

that there is no chemical or bacteriological pollution of the groundwater mass a

explore, either by infiltration of surface water or scurrents, or by

mixture of poor-quality groundwater;

b) The wells or holes in research and abstraction of repuxant waters are munched from

devices that prevent wastage of water;

c) In case the research results negative or there is a need for replacement of the

caption by virtue of technical error, the executor company of the works is

responsible for the reposition of the ground in the initial situation and in accordance with the

indications from the competent authority;

d) A minimum removal of 100m is observed between the caps of different

users of a same mass of groundwater, and may, when

technically reasoned, the ARH set a different threshold.

3-The user presents, within 60 days of the completion of the work of

execution of the well or hole, a report demonstrating the good execution of the work

containing the elements defined in the porterie referred to in sub-paragraph ii) of the paragraph a)

of Article 14 (3) of this Decree-law.

37

Article 42.

Water caption for human consumption

1-A water abstraction for human consumption is for the purpose of supply

public or private.

2-A public supply system produces water for human consumption, from

agreement with the requirements set out in the Decree-Law No. 243/2001 of September 5,

under the responsibility of a distributor entity, be it autarky, entity

dealership, business or any other that is invested in the responsibility

by the activity.

3-A particular supply system produces water for human consumption under

liability of a particular entity, it may only work in the condition of

impossibility of access to public supply, becoming subject to the requirements

legal for this type of use.

4-Public supply systems must present efficiency rates that

respect the established in the National Program for the Efficient Use of Water.

Article 43.

Delineation of perimeters of protection to captions intended for supply

public

1-A delineation of the perimeters of protection of surface and ground caps

intended for the public supply of water for human consumption is carried out of

agreement with the provisions of Article 37 of Law No 58/2005 of December 29, and

observing the established in portaria to be approved by the member of the Government

responsible for the area of the environment.

2-The proposals for delimitation of the perimeters and their condiments are

drawn up by the competent authority on the basis of the proposals and own studies that

are presented to you by the applicant.

3-A delimitation of the protective perimeters and their constraints

defined for captions intended for public water supply to

human consumption are carried out by portaria to be approved by the member of the Government

responsible for the area of the environment.

4-The title of use intended for the catchment for public supply presupposes the

38

prior delimitation of the respective perimeter of protection.

5-The perimeter of immediate protection is duly signaled by the holder of the

caption.

6-The perimeters of protection are reviewed, where it is justified, on the initiative of the

competent authority or the holder of the catchment, pursuant to the provisions of paragraph 3.

7-When to check the cessation of the water catchment title for supply

public and the respective decommissioning, cede to be applied to the corresponding area of

associated protection as well as the condiments referred to in Article 37 of the Law

n ° 58/2005 of December 29 and in the porterium referred to in paragraph 3.

Article 44.

Water caption for rega

1-A catchment of public waters for rega in an area exceeding 50 ha shall present

efficiency rates that respect the established in the National Program for the Use

Efficient of Water.

2-A caption of private waters for rega can be subject to restrictions in situations

of scarcity or accident.

3-A abstraction of public waters, when intended, namely, the rega of gardens,

public spaces and golf courses, it will be, where possible, used as

supplement to other water sources, specifically the harnessing of waters

urban waste properly treated for the effect or reuse of waters

resulting from the scurrences of the field's own rega.

Article 45.

Water abstraction for production of hydroelectric energy

Public water catchment for hydroelectric energy production is carried out with

compliance with the provisions of the National Water Plan, in the basin management plans

hydrographic and in the specific water management plans in the energy strand.

39

Article 46.

Decommissioning of groundwater caps

The caps that stop having the function for which they were initially constituted are

decommissioned within 15 days after the cessation of exploitation, owing, without

Prejudice to the provisions of Articles 31, 34 and 35 of this Decree-law, be sealed from

agreement with the procedures imposed by the competent authority.

SECTION II

Occupation of the maritime public domain for production of electric energy

Article 47.

Occupation of the maritime public domain for the production of electrical energy from the

energy from the waves of the sea

1-A occupancy of the water resources of the maritime public domain for production of

electrical energy is for the purpose of research and technological development, the

pre-commercial assessment and commercial production.

2-A research and technological development is the modality of access to

energy production from the energy of the waves of the sea intended for entities

interested in developing research and development activities

industrial technology of units and energy conversion systems, in installations

electroproducers or wave parks, with a power installed up to 5MW.

3-A pre-commercial assessment is the modality of access to activity aimed at

entities interested in developing electrical energy production activities

in small pre-commercial evaluation projects, in electro-producing facilities

or wave park, with a power installed up to 25MW.

4-A electric energy production in commercial regime is the modality of access to the

activity for electroproducing installations or wave parks, with a power

installed higher than 25MW.

40

SECTION III

Discharge of waste water

Article 48.

Wastewater provision systems

1-The systems for the collection, transport, treatment and discharge of waste water in the

waters or on the ground can be public or private.

2-A public wastewater provision system in the waters or soil is managed

by a managing body, be it municipality or concessionary entity, as defined

in Decree-Law No. 207/94 of August 6.

3-Public systems for the disposition of waste water in the waters or the soil, in the

urban or urbanizable areas, are instituted in the terms provided for in the respective

municipal planning of spatial planning.

4-A particular system of wastewater provision in the waters or soil is

managed by a particular entity, it may only work in the condition of

impossibility of access to a public system, becoming subject to the legal requirements

for this type of use.

5-A discharge of waste water into the waters or soil is carried out in accordance with the

provisions of this section, meeting the needs for preservation of the environment and

public health advocacy, so that:

a) The quality standards suitable for the various types and uses of water and the relative

hazardous substances are complied with;

b) Do not be caused significant risks or dangers to the environment and the

human beings;

c) The interests in nature conservation, protection of the landscape are not

impaired.

6-A The discharge of waste water into the waters or soil is carried out in respect of the

principles of precaution, prevention and correction referred to in Article 3 (1).

of Law No. 58/2005 of December 29.

41

Article 49.

Specific requirements

1-The licence holder assumes responsibility for the efficiency of the processes of

treatment and or of the procedures it adopts with a view to minimising the effects

arising from the discharge of waste water and to meet the quality objectives

defined for the receiving water masses.

2-It is mandatory to carry out an insurance policy or the provision of a surety,

within 30 days of the issuance of the licence, in the terms set out in the Annex to

present decree-law, which guarantees the payment of compensation for possible damages

caused by errors or project omissions in respect of drainage and treatment of

effluents or by non-compliance with legal and regulatory provisions to it

applicable.

Article 50.

Standards of discharge

1-The wastewater discharge standards consist of the set of

precepts relative to the emission limit value and ensure:

a) The fulfilment of the quality standards appropriate to the various types and uses of the

water;

b) The protection, improvement and recovery of the state of the surface water masses and

underground;

c) Compliance with quality standards relating to hazardous substances.

2-The wastewater discharge standards are foreseen:

a) In the management plans of river basins and remaining instruments of

planning of water resources;

b) In the wastewater discharge licences;

c) In the remaining applicable legislation.

Article 51.

Emission limit values

1-The emission limit values, abbreviately designated VLE, for the

42

substances, families or groups of substances and for the remaining constant parameters

of the discharge standard are established after the study and the implementation of the measures

suitable for the reduction of pollution at source in accordance with the provisions of the article

53. of Law No. 58/2005 of December 29.

2-The emission limit values for the substances and for the constant parameters

of the discharge standards are awounded in respect of the quality of the waste water to the

exit from the wastewater treatment plants.

3-Any deliberate operation of dilution of waste water is prohibited targeting

delude the fulfilment of the VLE constants of the standards, the discharge of the effluent being

deemed illicit for all legal effects.

Article 52.

Urban wastewater discharge standards

1-Without prejudice to the provisions of Articles 48 and 50 of this Decree-Law, the

discharges of urban waste water from the water treatment plants

residual must comply with the requirements set out in Decree-Law No. 152/97, of 19 of

June, with the amendments introduced by the Decrees-Laws No. 348/98, of 9 of

November, and paragraph 149/2004, of June 22.

2-A conformity assessment of urban wastewater discharges with

established standards is carried out in accordance with the procedure laid down in the Decree-

Law No. 152/97 of June 19, with the amendments introduced by the Decrees-Laws

n ° 348/98 of November 9, and para. 149/2004 of June 22.

3-Without prejudice to the provisions of the preceding paragraph and in cases in which the title defines

discharge standards for other parameters provided for in other legislation, the assessment

of compliance is carried out in accordance with the legally established procedure.

Article 53.

Industrial wastewater discharge standards

1-Without prejudice to the provisions of Articles 48 and 50 of this Decree-law, the burden

pollutant resulting from industrial wastewater discharges should be the most

reduced possible in accordance with the existing procedures of the best technique

available in a context of economic sustainability.

43

2-The title of use shall provide for the fulfilment of supplementary conditions

always that for the protection, improvement and recovery of water quality are

demanding conditions that are more demanding than those that can be obtained with the use

of the best available techniques.

Article 54.

Discharge of industrial wastewater into wastewater disposal systems

urban

1-A discharge of industrial wastewater into water supply systems

urban waste can only occur upon authorization of the managing entities

referred to in Article 48 (2) and is subject to the provisions set out in the Regulation

provided for in Article 9 of the Decree-Law No. 152/97 of June 19, with the amendments

introduced by Decrees-Laws No. 348/98 of November 9, and paragraph 149/2004, of 22

of June.

2-The conditions and standards of discharge set out in the regulation referred to in

previous 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 inserted in the urban perimeter, the conditions

set out in the authorisation referred to in paragraph 1 shall be subject to the approval of the

competent authority, to whom it is incumbent to verify its compliance with the title of

urban wastewater discharge and with the quality objectives set for the

half-receiver.

4-In the event of a discompliance, the competent authority notifies the managing body

to proceed immediately to the rectification of the conditions for discharge of the waste water

industrial.

5-Impend on the entity gestures the responsibility for the verification of the

compliance with the constant standards in the discharge authorisation of waste water

industrial in urban wastewater provision systems.

Article 55.

Administrative control and discharge licences

The acts of administrative control over the establishment, modification, or

44

transfer of industrial facilities that originate or may originate discharges are

practiced under the condition of coming to be obtained the corresponding title of use.

Article 56.

Treatment of sludge

1-The discharge of sludge into surface water or groundwater is prohibited.

2-The treatment regime of sludge coming from the treatment plants of

waters is listed in specific legislation.

Article 57.

Reuse of waste water

1-treated wastewater should be reused, where this is possible or

appropriate, in particular for the cases provided for in Article 44 (3) of the present

Decree-law.

2-A application in the soil of livestock effluents from cattle farm,

as fertilisers or organic correctives, do not lack the licence provided for in paragraph 5 of the

article 48 provided that there is no discharge in water resources and that the

favourable binding opinion referred to in Article 6 of the Decree-Law No 202/2005,

of November 24.

SECTION IV

Recharge and artificial injection in groundwater

Article 58.

Artificial recharge in groundwater

The artificial recharge of groundwater masses is only allowed as long as it does not

undertakes the fulfillment of the environmental objectives set for the masses

of groundwater that are the subject of the recharge.

45

Article 59.

Artificial injection into groundwater

Artificial injection in groundwater masses is only allowed in the situations

specific as referred to in Article 30 (4) of Law No 58/2005 of December 29, and

provided that it does not compromise the fulfilment of the environmental objectives set for

the affected water masses.

SECTION V

Immersion of waste

Article 60.

Specific requirements

1-A allocation of waste immersion licence is dependent on the verification of the

impossibility of being found other alternatives to the final destination of the

materials to immerse, notably through valorisation operations.

2-A immersion of waste into territorial waters is only permitted provided that it does not

undertakes the fulfillment of the environmental objectives set for the masses

of water affected.

3-Only waste immersion is permitted set out in Article 3 of Annex II of the

Convention for the Protection of the Marine Environment of the North-East Atlantic, approved by the

Decree No. 59/97 of October 31.

4-Immersion of waste possessing some of the substances that they build is prohibited

of the list of hazardous priority substances, defined in a diploma of their own.

5-Without prejudice to the provisions of paragraph 2, the immersion of waste containing some

of the substances that build on the list of priority substances defined in

own normative can only occur as long as it does not contravenes the quality objectives

defined for the affected water masses.

6-In addition to the provisions of the preceding paragraphs, the selected immersion area does not

may affect fishing areas, spawning and maternity areas of living resources, routes

of migration of fish and mammals, recreation, extraction of minerals, the

desalination, the areas of particular scientific importance and other legitimate uses of the

sea.

46

7-A The characterization of the materials to be immersing is carried out in the light of the criteria of

quality of sediments set out in the porterium referred to in Article 5 (1)

of this decree-law.

8-Where it is justified, the competent authority may request elements

additional to those provided for in the porterie referred to in sub-paragraph ii) of the paragraph a) of paragraph 3

of Article 14 of this decree-law for the assessment of contamination of waste to

immerse.

9-Waste immersion operations are subject to the implementation of a

monitoring program that should include the characterization of communities

biological at the site of immersion.

Article 61.

Immersion operations

1-A The immersion operation cannot interfere with navigation, fishing, recreation, the

extraction of minerals, desalination, areas of particular scientific importance and

other legitimate uses of the sea.

2-A The immersion operation cannot interfere with the periods of greatest

vulnerability for migrant species, defenceless epoces, bathing season and

at other times of the year with importance for the sustainability of living resources.

3-Before proceeding to immersion, oils or substances present in the

material with tendency to fluctuate.

4-The following techniques for management of the eliminations may be considered, upon

the use of natural physical, chemical and biological processes, namely:

a) The use of interactions and geochemical transformations of substances

present in the materials to immerse, once combined with seawater or

sediment from the fund;

b) The selection of special zones, 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-A immersion of waste and inert resulting from the maintenance of the conditions of

accessibility and operation in the ports is subject to the appreciation of IPTM and later

communication to the competent ARH of all planning and monitoring.

47

SECTION VI

Constructions, beach supports and equipment and infrastructure and equipment of

support for road movement

Article 62.

Buildings

1-Understand by construction all kind of works, whatever their nature,

notably buildings, walls and gaskets as well as the respective amendments and

demolitions.

2-Except for the provisions of the previous number the hydraulic infrastructures,

landfilings or excavations.

3-A The realization of constructions is only allowed as long as it does not affect:

a) The conditions of current functionality, the normal flow of waters and the

sculpting of the floods;

b) The ecosystems in presence, namely wetlands and dunar systems;

c) The biophysical and landscape integrity of the medium, of the beds and the margins;

d) The groundwater;

e) The enveloping agricultural land;

f) The catchment, damping, derivation and pumping of water;

g) The respect for the established in the specific plan of water management or in plan

special of spatial planning;

h) The safety of marginal works or transposition of the beds;

i) The flora and fauna of the coastal areas;

j) The stability and balance of coastal systems;

l) The riparous vegetation;

m) Free access to the public domain.

4-A issuance of the permit, license or concession of construction presupposes the

presentation of a term of responsibility signed by the authors of the project, of

agreement with the specificity of the area of water resources where it is located.

5-The holder presents to the competent authority, within 30 days after issuance of the

their respective title, an insurance policy or document proving the provision of

surety, whose scheme and amount is listed in the Annex to this Decree-law, on account of

damage caused by flood, in the terms to be set out in the licence or contract of

48

concession.

Article 63.

Beach supports and equipment

1-Understand for beach support the basic core of functions and services infra-

structured that, complete, integrates changing rooms, resorts, sanitary facilities, posts

of soccurrs, emergency communications, information and assistance to bathers,

cleaning of the beach and garbage collection, and may yet and complementarily, ensure

other functions and services, particularly commercial.

2-Are still considered beach supports as facilities with a temporary nature and

removable, specifically, float boards, tents, awnings and sun hats

for shelter from bathers, structures for shelter of vessels, their utensils and

fishing apparatus and other facilities aimed at the practice of nautical sports and of

aquatic diversions, also designated as bathing supports.

3-Understand by equipments the cores of functions and services that do not

match the beach support, namely restaurants and snack-bars, also

designated by similar of touristic ventures.

4-When to the support of beach, bathing support or equipment are associated

support, surveillance and safety services for users is established the support area

bathing, corresponding to the beach front consisting of the strip of land and plan of

water adjacent to the support of beach, bathing support or equipment.

5-The beach supports and equipment referred to in the previous figures are only

allowed in places defined in the special planning plans with the

classification of beaches or, in their absence, in places specifically demarcated and

provided that:

a) They safeguard the integrity of ecosystems in presence, particularly areas

wetlands and dunar systems;

b) Do not affect the biophysical and landscaping integrity of the medium;

c) Do not include in areas of natural hazards, namely erosion, flood

or subject to geomorphological instability, such as rebates and

slips;

d) Do not be incompatible with other licensed uses;

e) Comply with the provisions of the Decree-Law No. 163/2006 of August 8.

49

Article 64.

Parking and accesses to the water public domain

1-Parking and access areas are only allowed in the demarcated locations in

specific plan and to respect the constructive characteristics defined as a function of the

typological classification of the beach or, in the absence of plan, provided that:

a) They safeguard ecosystems in presence, particularly wetlands and

dunar systems;

b) Do not affect the biophysical and landscaping integrity of the medium;

c) Do not include in areas of natural hazards, namely erosion, flood

or subject to geomorphological instability, such as rebates and

slips;

d) Do not be incompatible with other licensed uses;

e) They safeguard free access to the public domain;

f) Comply with the provisions of the Decree-Law No. 163/2006 of August 8.

2-Without prejudice to the provisions of the preceding paragraph, the opening of new accesses shall be

carried out, preferentially, in the perpendicular to the water line, being interspoken to

opening of accesses that focus:

a) In wetlands and dunar systems;

b) In areas associated with natural hazards, notably erosion or instability

geomorphological.

3-The accesses that go through the areas threatened by the floods must acautelate the

circulation of the waters in full, always without recourse to the construction of landfils.

4-On the pavements of the parking lots are always used permeable materials

or semipermeable.

5-In places that imply or that represent potential risk, it is placed

proper signaling.

SECTION VII

Hydraulic infrastructures

50

Article 65.

Management of hydraulic infrastructure

The management of the goods that integrate the provision of hydraulic infrastructure is carried out

on the basis of mere possession of the goods, not reliefs on this effect

Constant of Article 75 of Law No. 58/2005 of December 29.

Article 66.

Technical responsibility

1-A technical responsibility for the implementation of the hydraulic infrastructures is

ensured by person who has a degree in appropriate specialty and with

technical idoneity recognized by the respective professional orders.

2-The technical officer responds by the compliance of the execution of the work with the

project approved and the corresponding charge notebook, which shall include

specific environmental criteria for the construction of each work.

3-The technical officer responds in solidarity with the projectionist and the contractor

on all matters related to the technical direction and implementation of the project,

owing to that effect to sign a term of responsibility.

4-A change of technical officer shall be communicated to the competent authority

by the promoter within 30 days, accompanied by proposal for appointment of new

responsible and respective term of responsibility.

Article 67.

Construction of hydraulic infrastructure

1-During construction surveys are carried out by the competent authority for

confer the good execution of the work and check the implementation of the measures of

environmental minimization that have been defined during the process of

licensing.

2-A The competent authority carries out a final survey within a maximum of 30 days

shall be counted from the date on which the applicant notifies the completion of the works.

3-After the realization of the survey referred to in the preceding paragraph is a visa is drawn up a

opinion, issued within 20 days, about the compliance of the conditions of

51

safety in construction, as well as compliance with other environmental conditions

that the competent authority considers necessary, constants of the process of

allocation of the respective title.

4-In the case of fishings and dams, the safety is verified according to the

stipulated in the specific legislation.

5-In the case of hydraulic infrastructures for energy production and when the

competent authority issue a favorable opinion, it will be the same immediately

communicated to the regional direction of territorially competent economics or to DGGE,

for the purpose of realization of the survey required for the assignment of the licence of

exploration.

Article 68.

Operation of hydraulic infrastructures

1-Triennial surveys are carried out during the operating period of the infra-

hydraulic structures with a view to the verification of the operating conditions and

operationality.

2-All charges arising from the maintenance, conservation and exploitation of the infra-

hydraulic structures are the responsibility of the holder of the license or concession.

3-The de-assorting interventions, carried out on security grounds and

duly authorized by the competent authority, are the responsibility of

who has the possession or ownership of the infrastructure, applying for the provisions of paragraph 7

of Article 78 of this decree-law to the final destination of the inert withdrawn.

SECTION VIII

Recharge of beaches and artificial assortments

Article 69.

Specific requirements

1-A recharge of beaches and artificial assortments with the aim of creating conditions

for bathing practice can only occur in the areas identified in plan and are

complemented by a monitoring program that allows to evaluate developments

of the intervention.

52

2-On the recharge of beaches and artificial assortments with a view to the bathing use only

materials that have been inspired by the quality class 1, defined in the

would porterie referred to in sub-paragraph ii) of the paragraph a) of Art. 14 (3) of the present

decree-law and provided that they present granulometry compatible with the receiving beach.

3-In the absence of plans, recharging beaches and artificial assortments can only

occur for reasons of coastal defense or of persons and goods.

SECTION IX

Sport competitions and maritime navigation-touristic, infrastructure and

navigation support equipment

Article 70.

Sport competitions and maritime-touristic navigation

1-A exploration of docked or funneled vessels with no means of locomotion

self-made or sealed is only permitted provided that it does not affect:

a) The main uses of water resources;

b) The compatibility with other secondary uses;

c) The state of the water mass;

d) The integrity of the berths and margins and ecosystems in attendance;

e) The integrity of licensed infrastructure and equipment.

2-The licence holder presents to the competent authority, within 30 days after the

issuance of the title, an insurance policy or document proving the provision of

surety, whose scheme and amount is listed in the Annex to this Decree-law, on account of the

titrated activities.

3-The provisions of this Article shall be without prejudice to the application of the Regulation of the

tourist maritime activity, owing to the licence to be issued under that regulation

observe the one set out in this decree-law and be preceded by assent of the

competent authority to license the use of the water resource, where the

same kayba the diverse entity of the competent entity to issue the title of

use of water resources.

53

Article 71.

Infrastructure and navigation support equipment

1-Understand for infrastructure and navigation support equipment the buildings

which are intended for the installation of services, namely quays, marinas, docks, ports

of recreation, anchorages, mooring points, pony or embarkation and accesses of the

vessels to the water plane, by mechanical means of wading or varadgold ramp.

2-A deployment of infrastructure and support equipment is only allowed since

which does not affect:

a) The main uses of water resources;

b) The compatibility with other secondary uses;

c) The state of the water mass;

d) The biological integrity of ecosystems in presence;

e) The integrity of licensed infrastructure and equipment;

f) The hydrodynamics and the sedimentary dynamics.

SECTION X

Installation of infrastructure and floating equipment, biogenetic crops and

navies

Article 72.

Floating equipment

1-A The use of water resources for transport of woods or loose parts

floats which, by their size and characteristics, are not considered

complements of recreational uses and the installation of fixed floating structures,

notably rafts, swimming pools, wharves, blizing and signage whatever the

its purpose, including the Bathing Support Zones, are only allowed for as long as it does not

affect:

a) The main uses of the albufeira or line of water;

b) Other secondary uses, namely navigation;

c) The state of the water mass;

d) The integrity of the beds and margins as well as of hydraulic infrastructures;

e) The biological integrity of ecosystems in presence.

54

2-The licence holder presents to the competent authority, within 30 days after

issuance of the title, an insurance policy or document proving the provision of

surety, whose scheme and amount is listed in the Annex to this Decree-law, on account of the

titrated activities.

Article 73.

Biogenetic cultures

1-Understand by biogenetic cultures the activities that are for the purpose of

reproduction, growth, fattening, maintenance or tuning of aquatic species

of fresh water, salobra or salty.

2-A The use of water resources for the establishment of biogenetic crops

in fresh water, salobra or salted and its berths, as well as of any artefacts,

infrastructure or floating equipment or submerged and installations on terra firma

that are associated with them, is only permitted provided that:

a) Be properly demarcated;

b) Do not change the system of currents;

c) Do not harm navigation or other licensed uses;

d) Do not change the state of the mass of water where they are located;

e) Do not affect the biological integrity of ecosystems in presence.

Article 74.

Navies

1-Understand for navies all places where activities are carried out

for purpose the production of salt, whatever the form of caption or retention of

water,

2-The establishment of navies, relegation or enlargement of its berth, well

as repairing walls and complementary facilities, it is only permitted provided that:

a) Do not change the prism of tide and the system of the currents;

b) Do not prejudice navigation or other licensed uses;

c) Do not change the state of the water mass where it is located;

d) Do not change the aquifers that are located in the area of influence.

55

SECTION XI

Landfilings and excavations

Article 75.

Specific requirements

The actions of landfilings and excavations are only permitted provided that:

a) Serve for the consolidation of margins and protection against erosion, full or

contribute to the improvement or preservation of the quality of water;

b) Serve for the improvement of the drainage and functionality of the current;

c) Do not change the state of the mass of water where it is located;

d) Minimise the meanding cuts and the artificialization of margins;

e) Do not cause negative impacts on ecosystems and aquifers, namely

implications at the freaccian level.

SECTION XII

Sowing, plantation, cutting of trees or bushes and pastures

Article 76.

Specific requirements

1-A The use of water resources for sowing, plantations and tree cuts

or shrubs is only permitted provided that:

a) Do not create changes to the functionality of the current and espraiment of the floods;

b) Do not imply land moves that change the leakage section, the

configuration of the water course and the integrity of the margins;

c) Do not rake in natural hazards, particularly of erosion;

d) Does not affect the biophysical and landscaping integrity of the medium;

e) Do not imply the destruction of flora, fauna, of ecosystems in presence,

notably wetlands and dunar systems.

2-It is not allowed to pernotate in grazing on land in the water public domain.

56

SECTION XIII

Extraction of inert

Article 77.

Interventions

1-Understand by extraction of inert the de-assorting intervention of the areas of

runoff and expansion of surface water, either chains, or closed, well

how from the coastal strip, from which result the withdrawal of granular alluvial materials

deposited or transported by the runoff in the surface water masses, in

suspension or by trawling, regardless of the particle size and composition

chemistry, namely silts, sand, arean, burgau, godo, gravel, sandy lands and

sundry slime.

2-The interventions that come to be carried out are obliged to comply with

a set of environmental standards to be established in own legislation.

3-A The extraction of inert, in public waters, is only allowed when you find

provided for in specific water management plan or as a conservation measure

and rehabilitation of the hydrographic network and riparian areas or conservation measure and

rehabilitation of coastal and transitional areas, or as yet as a necessary measure to

creation or maintenance of navigational conditions in safety and the

operationality of the port, pursuant to the provisions of Article 38 (2) of the present

Decree-law.

4-Specific plans for the management of inert in water domain, elaborated from

agreement with the technical standards set by the Normative Dispatch No. 14/2003, of 14

of March, equate to the specific management plans of the waters referred to in the number

previous.

Article 78.

Specific requirements

1-The exercise of inert extraction activity on shores and related beds with

public waters has as a necessary requirement, as in the case of being carried out in

waters or public margins, the confirmation of which the same constitutes an intervention

of deassoration.

57

2-Without prejudice to the provisions of paragraph 3 of the preceding article, the exercise of the activity of

extraction of inert in shores and related beds with public waters is only permitted

for places that guarantee:

a) The maintenance of the system of currents, navigation to float and runoff

and flood-spraiing;

b) The balance of watercourses, beaches and shoreline;

c) The integrity of ecosystems and the state of the affected water mass (s);

d) The preservation of groundwater;

e) The preservation of enveloping agricultural areas;

f) The use of waters for various purposes, recreation, leisure, navigation and infra

supporting structures, caps, repressions, derivation and pumping;

g) The integrity of the beds and margins, as well as of structures in them licensed;

h) The safety of marginal works or transposition of the beds.

3-A licence that titers the extraction of inert may impose as a condition that a

part of the extracted inert are deposed in places to be indicated by the authority

competent, for the purpose of strengthening the protection of margins, beaches or infrastructure

that are identified as being in imbalance.

4-To the extraction of inert that stay in the possession of private individuals as a result of a

extraction operation, the corresponding rate of use of resources is applied

water.

5-In the situation referred to in paragraph 3 of this article, it may the particular that stay

subject to the obligation to deposition inert, as a result of the fulfilment of a

condition of the licence, be compensated for the costs inherent in such an operation upon

discount on the rate of water resources, in terms that must appear in the same

license.

6-A periodic extraction of inert, intended to ensure the conditions of

navigability and accessibility to commercial ports, from fishing, marinas, quay

acostage or other infrastructure supporting navigation, will be executed accordingly

with deassorting plans, approved by ARH, which define, among others, the

periodicity of the interventions, the volumes of inert to be removed, the physical characterization,

chemistry and biological of the material to be draying, deposition sites and measures of

minimization of impacts and identification and form of implementation of mechanisms of

control of the volumes of dredging.

7-Without prejudice to the provisions of the preceding paragraphs and whenever it is not possible to

58

reposition of the inert in water domain, the competent authority may sell them at

public hasta, except where the volumes in question do not justify the appeal to this

procedure.

8-A The extraction of inert in private waters is not subject to the rules

dismisses in this Article, with the exception of the constants in the n. the

1 and 2, with the

due adaptations.

CHAPTER III

Surveillance and counter-ordinations

Article 79.

Surveillance and inspection

1-A verification of the fulfillment of the provisions of this decree-law is carried out under the

form of surveillance and inspection, pursuant to the provisions of Articles 90 to 94 of the

Law No. 58/2005 of December 29.

2-Without prejudice to the provisions of Article 94 of Law No 58/2005 of December 29,

compete for any public entity to inform ARH territorially competent or

o INAG of the existence of uses of the untitled water resources of which it takes

knowledge.

Article 80.

Liability for charges for supervisory actions or inspection

1-The charges arising from supervisory or inspection actions are borne

by the offender, whenever the absence of title or the default of the

conditions imposed in the issuance of the title.

2-For the purposes of the provisions of the preceding paragraph, a report containing the

description of the action for supervision or inspection and the respective charges, the

infractor notified to proceed to payment within the maximum term of 15 days.

3-The documents that title the expenses incurred in the framework of shares of

monitoring or inspection serve as an executive title for the collection of the amounts not

voluntarily settled by the offenders.

4-In case of divergence, on the same sample, between the results of the analyses

59

carried out by the laboratories of the entities which proceeded to the supervisory actions

or of the inspection and the results presented by the holder, an analysis is carried out by the

Environment Reference Laboratory, constituting the respective bulletins of analysis

proof for all the effects provided for in the law.

5-A verification of compliance of urban waste water discharge standards

in the supervisory and inspection actions comply with the provisions of Article 52.

Article 81.

Counter-ordering

1-Constitui counterordinate light environmental ordering:

a) The lack of the communication provided for in Article 16;

b) The lack of delivery of the title provided for in Article 34 (1);

c) The failure to comply with the provisions of Article 32 (4);

d) The lack of notification provided for in Article 27 (4);

e) The violation of the standards contained in the regulations of the planning plans

of public water albufairs, estuaries and water resource plans, and

the failure to comply with the determinations of ARH that expressly target the

willing in these plans.

2-Constitui counterordinate serious environmental ordinance:

a) The non-provision of information, the provision of false or inaccurate information

and the concealment of information elements by users;

b) The lack of reposition of the previous situation, provided for by Article 34 (2);

c) The transmission of securities without the respective communication or authorization;

d) The destruction or total or partial alteration of hydraulic, fluvial infrastructures

or maritime, of any nature without the respective title;

e) Execution of works, infrastructure, plantations or works of a diverse nature,

with a detriment to the conservation, balance of beaches, regularization and regime of

rivers, lakes, lagoons, marshes and more water currents;

f) The failure to comply with the established in Article 46;

g) Failure to comply with the duty of rectification provided for in Article 54 (4);

h) Failure to meet the deadlines referred to in paragraphs 1 and 3 of Article 89;

i) The lack of installation of self-monitoring system provided for in Article 5;

j) The failure to send the data from the self-monitoring system according to

60

periodicity required, pursuant to Article 5;

l) The realization of plantations or works of a diverse nature within the

perimeter of the reserved area of a classified public water albufeira or

in the protection zone.

3-Constitui counterordinate very serious environmental ordination:

a) The use of water resources without the respective title;

b) The violation of the provisions of Article 32 (5) of the Article;

c) Failure to comply with the obligations imposed by the respective title;

d) The failure to fulfil the obligation, on the part of the holder of the title, to suspend the

work and amend or demolish those when they threaten security or

to prejudice the interests of navigation;

e) The execution, deployment of works or infrastructure within the perimeter of the

reserved area of a classified public water albufeira or in the area of

protection;

f) Casting, depositing or, in any other direct or indirect way, to introduce

in surface water, groundwater or in the land encompassed in the resources

water any substance or solid product, liquid or gaseous

potentially polluting;

g) The handling of harmful products or substances from captions, or from your

area of immediate protection, groundwater or surface water;

h) The deposit of harmful products or substances together with captions, or of your

area of immediate protection, groundwater or surface water;

i) The storage of any harmful products or substances along

caps, or of its immediate protection zone, of groundwater or

surface;

j) The extraction of inert materials in distinct areas of the consecrations in the respective

title;

l) The use of unauthorised equipment or means of action for the

extraction of inert materials;

m) The total or partial omission of the volumes of inert materials extracted;

n) The realization of sport competitions and maritime-tourist sailing outside the

permitted areas for the purpose;

o) The obstruction to the exercise of inspection and or surveillance or the exercise of its

skills, specifically the refusal of access from the entity to the site;

61

p) The failure to comply with water quality standards in accordance with the legislation

in force;

q) The non-acatation of the prohibition of casting, depositing or otherwise

to introduce in the water waste containing substances that may alter the

their characteristics or that contribute to the degradation of the environment;

r) The immersion of waste or the rejection of effluents in place other than the authorized

by the competent bodies;

s) The immersion of waste in violation of the legally applicable provisions;

t) The discharge of industrial wastewater, directly or indirectly to the

urban wastewater disposal system, without the permission provided in the

n Article 54 (1);

u) Discharge of degraded water directly into the system of disposition of

waste water, for water or for soil, without any kind of mechanisms

that ensure the debugging of these.

4-A attempt and neglect are punishable.

5-Without prejudice to the provisions of Law No 50/2006 of August 29, the fixing of the fine

concrete has the constant criteria of the n still under consideration. the

4 and 5 of Article 97 para.

of Law No. 58/2005 of December 29.

6-A conviction for the practice of very serious offences provided for in paragraph 3, as well as

of serious offences provided for in paragraph 2 when the concrete measure of the fine imposed

exceeds half of the maximum amount of the applicable abstract cofine, may be the subject

of publicity, pursuant to the provisions of Article 38 of Law No. 50/2006, of 29 of

August.

Article 82.

Cautionary seizure and ancillary sanctions

The competent entity for the application of the fine may proceed to seizures

cautionary and apply the ancillary sanctions that show adequate, in the terms of the

provisions of Law No 50/2006 of August 29.

62

Article 83.

Counterordinance processes

The introduction, instruction and decision of the counterordinance processes, as well as

the application of the fines and ancillary sanctions, competes with the ARH with jurisdiction in the area

of the use of water resources and the remaining competent entities for the

licensing.

Article 84.

Reposition of the previous situation to the offence

1-In the event of non-compliance with a decision determining the reposition of the situation

previous to the offence, may ARH or other competent entities carry out the

work and actions due on account of the offender.

2-The documents that title the expenses carried out by virtue of the previous number,

when these are not paid voluntarily by the offender within 20 days of

count of your notification, serve as an executive title.

Article 85.

Compulsory pecuniary penalty

1-A ARH or IGAOT may, where this is warranted, to apply financial penalty

compulsory for each day of delay in the payment of the fine, and may not exceed 1

month from the date fixed in the decision, in the following cases:

a) Non-acbandment of a decision ordering the adoption of determined measures;

b) Non-provision or provision of false, inaccurate or incomplete information or

whose presentation is legally due.

2-The daily value of the sanction provided for in the preceding paragraph may oscillate between € 50.00 and

€ 250.00, when the offence is committed by a natural person, and between € 250.00 and

€ 1,000.00, when it is committed by legal person.

63

CHAPTER IV

Supplementary, transitional and final provisions

Article 86.

Special legal regimes

1-The present decree-law does not apply to hydromineral, geothermal and

spring waters referred to in the Decree-Law No. 90/90 of March 16.

2-The provisions of this decree-law as to the use of the water resources of the

maritime public domain for the production of electric energy from the energy of the

waves shall be without prejudice to the legal regime for the access and exercise of the activities of

production of electrical energy from this energy source.

3-The provisions of this decree-law shall not affect the legal powers of the Authority

National maritime nor legal skills in the field of maritime security and

port of the maritime and port authorities.

4-The areas that have entered or will come into the public or private domain of the

State, by virtue of Article 6 of the Decree-Law No 468/71 of November 5 and of the

Article 13 of Law No. 54/2005 of November 15 are administered by ARH in

that whose area of jurisdiction is located, without prejudice to the provisions of Article 13 of the Law

n. 58/2005, of December 29.

5-In the event of the extinction of legal relationships titled by concessions or licences

issued under the provisions of the Decrees n. the

5787-IIII, of May 10, 1919,

6287, of December 20, 1919, 16767, of April 20, 1929, Decree-Law No 43

335, of November 19, 1960, Decree-Law No. 468/71, of November 5 and

Decree-Law No. 189/88, of May 27, or emerging rights resulting from the

Decree-Law No. 183/95 of July 27, inter alia, by expiry, termination

unilateral or revocation, revert to the State, free of charge and without prejudice to the

provisions of Article 35 (2), the goods and rights that integrate the establishment of the

concession, as well as those directly affected to the holding, in the case of licence, in the

terms set out in the said diplomas or in the respective title.

6-A The expiry of the concessions concluded under the Decrees n. the

5787-IIII, of

May 10, 1919, 6287, of December 20, 1919 and 16,767, of April 20

1929, is verified by dispatch of the member of the Government responsible for the area of the

environment, being this delegated competence in the President of INAG.

64

7-In situations where PCH, operated under the title issued under the terms

of the legislation prior to Decree-Law No. 46/94 of February 22, have reversed

or come to revert to the state and be accessory to constructions, owned by the

former holder of the concession or permit, only these, or those to whom they have

conveyed ownership or some other right that empowers you to explore PCH, have

legitimacy to apply for new water-domain use licences in the party

which involves the use of those works or installations, provided that authorized by the

INAG and the DGGE.

Article 87.

Administrative fees

With the submission of the request for prior information referred to in Article 11, it is

due to the payment of a fee, in the amount set out in the portaria referred to

subparagraph ii) of the paragraph a) of Article 14 (3) of this Decree-law.

Article 88.

Amendment to Decree-Law No 382/99 of September 22

Article 4 (1) of the Decree-Law No. 382/99 of September 22, passes on

following wording:

" Compete for the member of the Government responsible for the area of the environment,

through porterie, approve the delimitation of the perimeters of protection,

identifying the facilities and activities, from among those mentioned in the n. the

2, 4 and 7 of Article 6, which shall be subject to interdictions or to

condiments and defining the type of condiments ".

Article 89.

Existing situations not titled

1-Users of water resources that at the date of the entry into force of the present

decree-law do not have a title that permits such use, they shall submit to the

competent authority, within two years, an application containing:

a) The identification of the user;

65

b) The type and characterization of use;

c) The exact identification of the site, with indication, where possible, of the

geographical coordinates.

2-After the delivery of the elements referred to in the preceding paragraph, the authority

competent carry out the surveillance of the use in question, and may, in the following

of this, to impose on the user the necessary changes to the fulfilment of the present

Decree-law.

3-The changes referred to in the preceding paragraph shall be made within the period set by the

competent authority, in accordance with the circumstances of the case, only being the title

issued after its realization.

4-Not taking place for changes, the respective title of use is issued

agreement with the provisions of this decree-law.

5-It is due to the payment of the water resources rate during the time limit referred to in para.

1, regardless of the issuance of the title.

6-Users who submit the application within the period referred to in paragraph 1 shall be

free from application of fine by the untitled use until the issuance of the respective

title.

Article 90.

Transitional provisions on securities

1-The provisions of this decree-law shall apply to proceedings pending on the date of its

entry into force, without prejudice to the practiced acts and formalities that should be

safeguarded in the legal terms.

2-The titles of use issued under the previous legislation remain in

vigour in the terms in which they were issued, provided that they are taken to

knowledge of the respective ARH within 1 year from the date of its entry

in operation and without prejudice to the subjection of its holders to the obligations

arising from Law No. 58/2005 of December 29, and too much legislative acts

complementary.

3-In the event that changes are required for the progressive adaptation of the title

issued to the provisions of Law No 58/2005 of December 29 and legislative acts

which complements it, ARH will set a timetable with the appropriate measures for the

its realization, taking into account the legitimate expectations of the title holder

66

as to its duration, the economic conditions of the exercise of the activity and the willing

in Article 32 (3)

4-In the case of uses of water resources previously titled by mere

license that, in accordance with Law No. 58/2005 of December 29, should be subject to

to the granting scheme, the securities remain in force on the terms in which they were

issued, save when their holders require their conversion into concession,

case where the grant may not have a term higher than necessary to complete the

amortization of investments carried out under the initial title.

5-In the case of existing land use securities in which the conditions are met

necessary for the classification of the infrastructure as a purpose venture

multiples, may the same be submitted to the scheme provided for in Article 7, under a proposal

of the INAG and decision of the member of the Government responsible for the area of the environment.

6-The regime of the ventures equated to multi-purpose ventures

referred to in Article 8 of this decree-law appears in the legal diploma that comes to

regulate multipurpose endeavors, while remaining in force the

legal regime respectively applicable, without prejudice to the observance of the provisions

general of this decree-law relating to the ongoing uses of water resources.

7-For existing captions the holders have the deadline of one year, counted from the date of

entry into force of this decree-law, to present at ARH the respective studies

of delimitation of perimeters of protection of subterranean or surface caps.

Article 91.

Regularization of the allocation of use securities to companies holding centres

electroproducers

1-A RNT concessionary entity and the companies holding the centres

electro-producers to whom Articles 6 and 7 of Decree-Law No 183/95 of July 27,

recognize the right to use of the public water domain affection to the respective

hydraulic profiteers, through title to be issued under the Decree-Law

n ° 46/94 of February 22, may continue to use the water resources behind

referred to through outorga of concession contract to be concluded between the State and the

rNT dealership entity, within two years, and may that transmit the

corresponding rights to the said companies holding the electro-producing centres.

2-Until the outoring of the contracts referred to in the preceding paragraph, the use is titled

67

provisionally by the porterie referred to in Article 35 (3), to which fixed the

respective terms and conditions with observance of Law No. 58/2005, 29 of

December, and of the present decree-law.

3-The concession contracts to be concluded in accordance with paragraph 1 meet the deadlines

established in the porterie referred to in the preceding paragraph, necessary for the amortization of the

investments opportunely authorized by the Government at the said centres

electro-producers and their conditions observe the provisions of Law No. 58/2005, of 29

of December, and in the present diploma.

4-The companies to whom it has already been awarded, under Article 67 of the Decree-Law

n ° 182/95 of July 27, the execution and operation of electro-producing centres, and

provided that the State has already defined the conditions of linking these centres to the Network

Public Electric, pursuant to the Decree-Law No. 312/2001 of December 10, maintain

the rights and obligations assumed, and the construction and operation of the respective

hydroelectric use shall be titrated by concession contract with the State, the

celebrate, pursuant to Law No. 58/2005, of December 29, and of this diploma, in the

term of 2 years.

Article 92.

Transitional provisions on the constitution of ARH

1-Up to the commissioning of each ARH, it is incumbent on the committees of

coordination and regional development (CCDR), through its services

competent in water resources, the exercise of the competences of

licensing and surveillance awarded by the present decree-law to ARH.

2-Without prejudice to the provisions of the preceding paragraph, concession contracts will be

authorized by the member of the Government responsible for the area of the environment, this being

delegated competence in the President of INAG.

3-The exercise of the competences assigned to ARH not covered by the n. the

1 and 2

is transitional to INAG, and the member of the Government responsible for the area may be

of the environment to make a cessation, by portaria, this transitional arrangement, in whole or in part,

depending on the capacity demonstrated by each ARH to take up the exercise of such

competencies.

68

Article 93.

Plans and Boards of Basin Hydrographic

1-Until the approval of the hydrographic basin management plans, they are equipped

the current watershed plans for all legal effects.

2-Until the constitution of the Hydrographic Region Councils, they remain in

operation the present Boards of Basin, with composition and competence

defined in the law.

Article 94.

Abrogation standard

1-Are revoked:

a) The Portaria No. 295/2002 of March 19;

b) The Joint Order No. 141/95, by the Minister of Environment and Natural Resources

and from the Minister of the Sea of June 21, with the entry into force of the porterie to which

it refers to Article 5 (1) of this decree-law.

2-All existing remissions for the provisions of Chapters III and IV of the

Decree-Law No. 468/71 of November 5, considered to be carried out for the

corresponding provisions of Law No. 58/2005, of December 29, and of the present

Decree-law.

Article 95.

Autonomous regions

The scheme of this decree-law applies to the autonomous regions of the Azores and the

Wood, without prejudice to the adaptations arising from the structure of the

autonomous regional administration to be introduced by appropriate regional diploma.

Article 96.

Entry into force

This decree-law shall come into force on February 1, 2007.

69

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and the Internal Administration

The Minister of State and Foreign Affairs

The Minister of State and Finance

The Minister for the Environment, Territory Planning and Development

Regional

The Minister of Economy and Innovation

The Minister of Agriculture, Rural Development and Fisheries

The Minister of Public Works, Transport and Communications

The Minister of Health

70

ANNEX

(referred to in Article 22)

Cautions

A) Caution for environmental recovery

1-All uses titled by licence or concession are subject to collateral for

environmental recovery, except if there is place for the exemption of collateral provision,

provided for in Article 22 (3) and in Article 25 (5) of this Decree-Act, or if

is presented with insurance policy, in the cases expressly provided for in the present

Decree-law.

2-Within 80 days of the date of the entry into operation of the respective

use, the user provides in favour of the competent authority a surety

corresponding to a value between 0.5% and 2% of the amount invested in the work, in order to

guarantee the recovery of possible environmental damage caused in water resources,

as a consequence of the exploitation and without prejudice to the claims to third parties.

3-For the purposes of the preceding paragraph, the value of the collateral is defined by the authority

competent, taking into account the perception of the risk involved.

4-A collateral may be provided by deposit in cash or by warranty

bank.

5-The cash deposit takes place in a credit institution, the order of

competent authority.

6-If the surety is provided by bank guarantee, the document is presented

by which a legally authorized banking establishment ensures, up to the limit

of the value of the surety, the immediate payment of any importances by virtue of the

non-compliance with obligations on the part of the holder of the licence or concession.

7-A The collateral shall be provided, as provided for in paragraph 2, 1/5 of the 1/5 of the

period of the respective title, provided that the competent authority considers that it is not

71

need to actuate it for the correction or elimination of possible environmental damage.

8-The promoter will not be able to continue to exploit the use if from the said date

in paragraph 2 has not provided, in favour of the competent authority, the said surety, under

penalty of immediate revocation of the title.

9-In the cases provided for in Article 49 (2), in Article 60 (5), in paragraph 2 of the

article 70 and in Article 72 (2), the provision of collateral, where it is compulsory, is mandatory

it is not possible for the presentation of insurance policy, intended for coverage of

possible damage.

10-The surety referred to in the preceding paragraph shall apply to the provisions of the n. the

4, 5 and 6 of the

present annex, with the following specificities:

a) The competent authority defines the value of the surety, taking into account the

specificity of the situation;

b) The surety is released at the end of the term of the respective title of use.

11-All expenses derived from the provision of the cautions are the responsibility of the

holder of the license or grant

B) Caution for fulfillment of the obligations of implantation, alteration and demolition of

fixed or dismountable installations, beach or similar supports, infrastructures and

supporting equipment for road traffic and hydraulic infrastructure

1-Without prejudice to the surety provided for in the preceding paragraph and in accordance with the

in Article 22 (3) and in Article 23 (5), the provision of collateral shall be binding

for fulfillment of the obligations of implantation, alteration and demolition of

fixed or dismountable installations, beach or similar supports, infrastructures and

supporting equipment for road circulation and hydraulic infrastructure.

2-A The collateral provided in the preceding paragraph shall be intended to guarantee the good and regular

execution of the work, which will have to comply with both the technical and the technical order regulations

environmental as the conditionals imposed by the competent authority in the

respective license or concession contract.

72

3-The applicant, within 30 days from the date of assignment of the respective

title, provides a surety in favour of the competent authority corresponding to 5% of the

overall amount of the planned investment in the project.

4-A collateral may be provided by deposit in cash or in securities issued or

guaranteed by the state, or by bank guarantee or insurance-collateral.

5-The deposit of money or securities takes place in a credit institution, the order

of the competent authority.

6-When the deposit is carried out in securities, these must be assessed by the

respective nominal value, save if, in the last three months, the average of the quotation in the

Lisbon Stock Exchange to stay below par, in which case the assessment should be made

in 90% of that average.

7-If the surety is provided by bank guarantee, the document is presented

by which a legally authorized banking establishment ensures, up to the limit

of the value of the surety, the immediate payment of any importances by virtue of the

non-compliance with obligations on the part of the holder of the licence or concession.

8-Addressing of seguro-collateral, is presented policy by which an entity

legally authorised to carry out such insurance takes over, up to the limit of the value of the surety,

the charge of immediately satisfying any importances required by the authority

competent, by virtue of non-compliance with obligations.

9-Of the conditions of the bank guarantee or the insurance policy-collateral cannot, in

case any, result a decrease in guarantees, in the molds that are ensured

by the other admitted forms, of provision of the surety, even if it has not been paid

the respective prize.

10-All expenses derived from the provision of the cautions are the responsibility of the

holder of the license or concession.

73

11-Are causes of loss of collateral:

a) The unwarranted abandonment of the work for more than one year, within the period

maximum forecasted for execution of the same;

b) The non-start of construction of the work in the period of the six months after the

issue of the respective title.

12-A loss of surety reverses in 80% to the competent authority and 20% to the

INAG.

13-A collateral is released:

a) At 50% of your amount, as soon as they are held, and after survey

of the respective competent authority, at the site of the installation, works which

correspond to more than 50% of the planned investment;

b) In the totality of its amount, after issuance of the assent of the

competent authority and respective survey.