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1 PROPOSAL of law No. 113/X explanatory memorandum in the 17TH Constitutional Government program is defined as a priority, to print more coherent territorial management instruments, completion, adoption and implementation of the national spatial planning policy, which, along with the National Sustainable Development Strategy, should constitute the reference framework for the various interventions with territorial impact. With this proposal, approving the National Programme of land-use planning policy, intends to conclude the Legislative building of the various sectoral policies with territorial impact and all the instruments of territorial management of national, regional and municipal levels. The law of foundations of the policy of regional planning and Urbanism (Law No. 48/98, of 11 August) sets the national spatial planning policy (PNPOT) as the pillar of the territorial management instruments, whose guidelines and fundamental guidelines represent a spatial organization model that considers the urban system, networks, infrastructure and equipment of national interest as well as the areas of national interest in agricultural, environmental and heritage terms. On the other hand, the Legal Regime of Territorial Management Instruments, approved by Decree-Law No. 380/99, of 22 September, comes in development of framework law, define the relationships between the various types of instruments, as well as the administrative procedure attaching to their preparation.
In 2002, the XIV constitutional Government determined the format of PNPOT, establishing the goals and strategic guidelines, as well as the monitoring system of their preparation, which was committed to the Directorate-General for regional planning and urban development (DGOTDU). To this end, a project team was established to support the preparation of the PNPOT, 2 designated by PNPOT's Office (GPNPOT), working within the framework of the DGOTDU, to which it was, in particular, carry out the necessary studies for the formulation of the proposal from the PNPOT, to promote the collection, analysis and treatment of information relating to specific interests with the focal points, and to collect and treat information relating to statistical indicators necessary to ensure the compatibility of the proposal of PNPOT with options the remaining territorial management instruments and sectoral policy. The drafting and monitoring of PNPOT, which was formally completed in April 2005, followed by a long period of consultation with the public and civil society entities that have integrated the Consultative Committee and that, within the framework of the same, disagreed with the proposal made by GPNPOT. Council of Ministers resolution No. 41/2006, of April 27, approved for the purposes of public discussion, the technical proposal from the PNPOT, as well as determined to see the opening of the period of public discussion of the proposal, which took place between May 17 and 31 October 2006, having been a strong civil society participation, which greatly contributed to the enrichment of the proposal submitted to public discussion. At the same time and in compliance with the legal procedure provided for in Decree-Law No. 380/99, of 22 September, was promoted six university institutions consultation, which delivered opinions.
The final version of the proposal that now presents itself constitutes consideration made by the Government of the results of the public discussion held, with the involvement and consultation of own organs of the autonomous regions within the framework of recognition of the specificities resulting from the autonomous status. The PNPOT is an instrument of territorial development of a strategic nature, which establishes the great options with relevance to the Organization of the national territory, constitutes the reference framework for the preparation of other instruments of territorial management and constitutes an instrument of cooperation with the other Member States for the Organization of the territory of the European Union. Whereas the national spatial planning should translate and support large strategic options defined for the country in building unity in diversity, the PNPOT defines how to achieve strategic objectives at the various levels of planning: 3 a) Conserve and enhance biodiversity, resources and the natural heritage, landscape and cultural, sustainable use of energy resources and geological , and prevent and minimize the risks; (b)) to enhance the competitiveness of Portugal and its integration in European, Iberian Atlantic and global; c) Promote the polycentric development of the territories and strengthen support infrastructure integration and territorial cohesion; d) Ensure the territorial equity in the provision of infrastructure and collective equipment and universality in the access to services of general interest, promoting social cohesion; and) Expand networks and advanced information and communications infrastructure and encourage their increased use by citizens, companies and public administration; f) enhance the quality and efficiency of territorial management, promoting informed, active and responsible participation of citizens and institutions. The programme of action that integrates the PNPOT develops and applies these strategic objectives through a set of specific objectives, priority measures and guidelines for the territorial management instruments. The implementation of this programme of action will be decentralized to regional and sectoral level, with the involvement and shared responsibility of all ministries in pursuit of the common objective of ordaining the territory of Portugal.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter 1-is approved the national program of land-use planning policy, abbreviated designated PNPOT, whose report and the programme of action are published in annex to this law, which shall form an integral part. 2-PNPOT is an instrument of territorial development of a strategic nature, which establishes the great options with relevance to the Organization 4 the national territory, constitutes the reference framework for the preparation of other instruments of territorial management and constitutes an instrument of cooperation with the other Member States for the Organization of the territory of the European Union. 3-the report describes the framework of the country in the Iberian, European and global context, the characterization of the conditions, problems, trends and scenarios of spatial development of Portugal, identifying the main problems for 24 regional planning, that underlie the options and priorities for action in the field of regional planning, and proceeds to the diagnosis of the various regions, providing territorial strategic options for the same and establishing a model of spatial organization. 4-the action programme applies the spatial planning strategy, development and territorial cohesion of the country, in line with other strategic instruments, by defining general guidelines, a set of strategic goals articulated, which develop through specific objectives and priority measures, and provides for coordination of territorial management.
Article 2 territorial scope 1-the PNPOT applies to the entire national territory, including the historically defined territory on the European continent and the archipelagos of the Azores and Madeira, as well as the territorial waters as defined by law, without prejudice to the autonomous insular regime. 2-the PNPOT constitutes the reference framework of territorial management instruments under the responsibility of the autonomous regions.
Article 3 principles of decision 1-the plans and programs with territorial incidence should be guided, inter alia, by the principles set out in law No. 48/98, of 11 August, and the reference framework and the strategic objectives and specific in the programme of action.
5 2-the PNPOT the coordination and compatibility of land use planning with the economic and social development policies and sectoral policies which have an impact on the Organization of the territory, as a result of an appropriate weighting of public and private interests involved.
Article 4 relationship between territorial management instruments 1-PNPOT, sectoral plans, the special plans of spatial planning and regional land use plans shall translate a reciprocal commitment to compatibility of the respective options. 2-the PNPOT prevails over all other territorial management instruments in force. 3-the PNPOT sets the guidelines and options for the elaboration of sectoral plans and regional plans for land use planning, as well as the strategic framework to achieve the new inter-municipal and municipal plans of land use planning. 4-the PNPOT lays down the principles and guidelines of the discipline rules set for new special plans of spatial planning and implies modification of the special plans of spatial planning with the pre-existing not reconcile.
Article 5 strategic guidelines for the national
1-the strategic orientations in the field of urban system and accessibility set for continental Portugal are spatially localized in the territorial model listed in the report. 2-are defined the following strategic goals for Portugal, which constitute the reference framework of commitments of policies with territorial impact: a) Conserve and enhance biodiversity, resources and the natural heritage, landscape and cultural, sustainable use of energy resources and geological, and prevent and minimize the risks;
6 (b)) to enhance the competitiveness of Portugal and its integration in European, Iberian Atlantic and global; c) Promote the polycentric development of the territories and strengthen support infrastructure integration and territorial cohesion; d) Ensure the territorial equity in the provision of infrastructure and collective equipment and universality in the access to services of general interest, promoting social cohesion; and) Expand networks and advanced information and communications infrastructure and encourage their increased use by citizens, companies and public administration; f) enhance the quality and efficiency of territorial management, promoting informed, active and responsible participation of citizens and institutions. 3-the guidelines for the preparation of sectoral plans with territorial implications are identified in Chapter 2 and, in particular, table I-priority measures by type of public intervention and in table II – specific objectives and areas of government action, the programme of action. 4-the reference framework for the preparation of special plans of spatial planning is identified in Chapter 3 and, in particular, in table III – priority measures and instruments of territorial management, of the programme of action. 5-proposals for implementation of the strategy of development and territorial cohesion to the autonomous regions of the Azores and Madeira should be consistent with the respective Regional development plans (PRODESA and PDES).
Article 6 Major guidelines for the regional level regional guidelines that underpin the reference framework for the preparation of regional land use plans, are identified in Chapter 3 and, in particular, in table III – priority measures and instruments of territorial management, of the programme of action, without prejudice to the provisions of paragraph 5 of the preceding article of this Act.
7 article 7 Main directions for the municipal scope the guidelines for municipal scope, which underpin the reference framework for the preparation of inter-municipal and municipal plans of regional planning, are identified in Chapter 3 and, in particular, in table III – priority measures and instruments of territorial management, of the programme of action, without prejudice to the provisions of paragraph 5 of article 5 of this law.
Article 8 implementation and evaluation 1-it is for the Government on development and implementation of the programme of action, in particular through the implementation of priority measures contained in the same, and their implementation be decentralized to regional and sectoral level. 2-the Government will assess the suitability and permanent implementation of the PNPOT, in particular through the Centre of regional planning and urbanism.
Article 9 revision of the PNPOT the PNPOT can be changed or revised whenever the evolution of economic and social development prospects determine.
Article 10 entry into force this law shall enter into force on the day following that of its publication.
Seen and approved by the Council of Ministers of 28 December 2006 Prime Minister 8 the Minister of Parliamentary Affairs Minister Presidency
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