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Fourth Amendment To Decree-Law No. 380/99, Of 22 September, As Amended By Decree-Laws No 53/2000, Of 7 April, And 310/2003, Of December 10, And By Law No. 58/2005, Of 29 December, Imposing Digital Transcription Georrefe

Original Language Title: Quarta alteração ao Decreto-Lei n.º 380/99, de 22 de Setembro, com as alterações introduzidas pelos Decretos-Leis n.os 53/2000, de 7 de Abril, e 310/2003, de 10 de Dezembro, e pela Lei n.º 58/2005, de 29 de Dezembro, impondo a transcrição digital georrefe

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DRAFT LAW NO. 363 /X

AMEND THE DECREE-LAW No. 380/99 OF September 22 WITH THE AMENDMENTS

INTRODUCED BY DECREE LAW NO. 53/2000, OF April 7, AND BY THE DECREE-LAW

NO. 310/2003, OF December 10, IMPOSING DIGITAL TRANSCRIPTION

GEOREFERENCED OF MUNICIPAL PLANNING OF SPATIAL PLANNING

Exhibition of reasons

The development of the territory's information and referencing technologies

currently allow transpose for digital support all the conditioners

urbanities of each parcel of territory, according to the instruments of

territorial urban planning in force.

With this measure of transparency it is guaranteed the simple and quick access of citizens to the

essential information on the rights of edificacy and the conditioners of each

share of territory and, on the other, the transparency of decision-making processes is increased.

The present draft law seeks to deepen the right to information enshrined in the article

5. of the Legal Regime of Territorial Management Instruments (Decree-Law No 380/99,

of September 22, with the amendments introduced by Decree-Law No. 53/2000, 7

of April, and by the Decree-Law No. 310/2003 of December 10), enforcing the transcript

digital georeferenced of all documentary content by which they are constituted

municipal planning of spatial planning, making it available in the respective

electronic sites.

It is intended to guarantee access on line from citizens to the content of all plans

municipal planning, making it available, in a simple, unequivocal and accessible way,

the rules, procedures and classifications in force that determined the use of the

different plots of the territory.

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Thus, in the terms of the applicable constitutional, legal and regimental provisions, the

Deputies of the Parliamentary Group of the Socialist Party, below signed, present the

next Draft Law:

Article 1.

They are deferred to Decree-Law No. 380/99 of September 22, with the amendments

introduced by Decree-Law No. 53/2000 of April 7 and by the Decree-Law n.

310/2003, of December 10, Articles 83-and 83-B, with the following wording:

" 83.

Provision of information on the Internet

1. Municipal planning plans of the territory are accessible, to all

citizens, on the Internet.

2. For the purposes of the preceding paragraph, municipalities shall proceed to digital transcription

georeferenced of all documentary content by which the plans are constituted

municipal land-use planning, making it available on their respective sites

electronic.

3. Plants should be available at the same scale and with the same colours and

symbols of the documents approved by the respective municipality.

4. Access to plant legends should be simple and fast by way of ensuring the

understanding of the meaning of the colors and symbols used.

83.-B

Updating of the content of the information

1. In each municipality they must be referenced in plant, in a consolidated manner, all

the urbanization plans or detailed plans in force.

2. It should be simple and direct access to the urbanization plans or plans of

details in force, as well as possible preventive or other measures that

suspend the effectiveness of a plan.

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3. The municipality shall update the contents of each plan within the maximum term of 1 month

after the entry into force of any change. "

Article 2.

Deadlines

The obligation laid down in Article 83 (2) of the Decree-Law No 380/99 of 22

of September, with the amendments made by the Decree-Law No. 53/2000, 7 of

April, and by the Decree-Law No. 310/2003, of December 10, shall be complied with in

of the following deadlines, from the date of entry into force of this Law:

a) Up to one year, for municipalities with more than 100,000 voters;

b) Up to 18 months, for municipalities with more than 20,000 and less than 100,000

voters; and

c) Up to two years, for municipalities with fewer than 20,000 voters.

Article 3.

Sanctionatory regime

Failure to comply with the obligations set out in this Law shall be

possibility of applying for and / or access to community funds, with the exception of those which

are intended for the fulfilment of those same obligations.

The Members of the PS,