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PROPOSED LAW NO. 113 /X

Exhibition of Motives

In the Programme of the XVII Constitutional Government defines itself as a priority, for

print greater coherence to the instruments of territorial management, the conclusion,

approval and implementation of the National Programme of the Policy on Planning

Territory, which, together with the National Development Strategy

Sustainable, it should constitute the frame of reference for the various interventions with

territorial impact.

With the present proposal, which approves the National Programme of the Policy of

Spatial planning, aims to complete the normative building of

framing of the various sectoral policies with territorial and all incidence

the instruments of territorial management of national, regional and municipal scope.

The Law on Bases of the Politics of Territory Planning and Urbanism (Law n.

48/98, of August 11) sets out the National Programme of the Policy on Planning

Territory (PNPOT) as a pillar of the territorial management instruments, whose guidelines

and fundamental guidelines translate a model of spatial organization that will have in

account for the urban system, networks, infrastructure and equipment of interest

national, as well as the areas of national interest in agricultural, environmental and

patrimonial.

On the other hand, the Legal Regime of Territorial Management Instruments, approved

by Decree-Law No. 380/99 of September 22, comes, in development of the Law of

Bases, define the relations between the various types of instruments, as well as the

administrative procedure to which it is subject to its elaboration.

In 2002, the XIV Constitutional Government mandated the drafting of the PNPOT,

establishing the strategic objectives and guidelines, as well as the system of

follow-up to its elaboration, which was committed to the Directorate General of the

Spatial Planning and Urban Development (DGOTDU).

For this purpose, a project team to support the drafting of the PNPOT has been set up,

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designated by the Office of the PNPOT (GPNPOT), to be operated in the framework of DGOTDU,

to which it competed, inter alia, to carry out the necessary studies to the formulation of the

proposal of the PNPOT, promote the collection, analysis and handling of information

concerning the specific interests with the focal points, and collect and treat the

information on the statistical indicators necessary to ensure the

compatibilization of the PNPOT proposal with the options of the remaining instruments of

territorial and sectoral policy management.

To the phase of drafting and monitoring of the PNPOT proposal, which was completed

formally in April 2005, there followed a long period of concertation with the

public entities and civil society that have integrated the advisory committee and that, in the

scope of it, they formally disagreed with the proposal submitted by the GPNPOT.

The Resolution of the Council of Ministers No. 41/2006 of April 27, adopted, to

effects of public discussion, the technical proposal of the PNPOT, as well as determined that

proceeded at the opening of the public discussion period of the proposal, which it has proceeded

between May 17 and October 31, 2006, there has been a strong participation of the

civil society, which greatly contributed to the enrichment of the proposal submitted to

public discussion.

Simultaneously and in fulfillment of the legal procedure provided for in the Decree-Law

n. 380/99 of September 22, the consultation of six institutions was promoted

university-level, which they issued opinion.

The final version of the proposal that now presents itself to the weighting made

by the Government of the results of the public discussion held, with the involvement and

consultation of the own organs of the Autonomous Regions in the framework of recognition

of the specificities resulting from their autonomic status.

PNPOT is an instrument of territorial development of a strategic nature,

that establishes the great options with relevance to the organization of the territory

national, substantiates the frame of reference to be considered in the elaboration of the remaining

instruments of territorial management and constitutes an instrument of cooperation with the

too many member states for the organization of the territory of the European Union.

Considering that national land use planning should translate and support the

major strategic options defined for the Country, in a building optics of

unity in diversity, PNPOT defines as strategic objectives to be realized

at the various levels of planning:

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a) Conserving and valuing biodiversity, resources and natural heritage,

landscaping and cultural, to use in a sustainable way the energy resources and

geological, and prevent and minimise risks;

b) To strengthen Portugal's territorial competitiveness and integration into the

Iberian, European, Atlantic and global spaces;

c) To promote the polycentric development of the territories and strengthen the infra-

structures of support for integration and territorial cohesion;

d) Ensuring the territorial fairness in the infrastructure and infrastructure

collective equipment and universality in access to the services of

general interest, promoting social cohesion;

e) Expanding the networks and advanced infrastructures of information and communication

and to encourage their growing use by citizens, companies and

public administration;

f) To strengthen the quality and efficiency of territorial management by promoting the

informed, active and responsible participation of citizens and institutions.

The programme of action integrating PNPOT develops and concretizes these objectives

strategic through a set of specific objectives, of priority measures

and of guidelines for the instruments of territorial management. The execution of that program

of action will be decentralised at the regional and sectoral level, relying on the

involvement and co-accountability of all the Ministries in the pursuit of the

common objective of ordering the territory of Portugal.

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

1-The National Program of the Territory Planning Policy is approved,

abbreviately designated PNPOT, whose report and the programme of action are

published in annex to this Law, of which they form an integral part.

2-PNPOT is an instrument of territorial development of nature

strategic, which establishes the great options with relevance to the organization

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of the national territory, conforms to the frame of reference to be considered in the

elaboration of the remaining instruments of territorial management and constitutes a

instrument of cooperation with the remaining 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

world, proceeds to the characterization of the conditioners, problems, trends and

territorial development scenarios of Portugal, identifying the top 24

problems for spatial planning, which substantiate the options and the

priorities of the intervention in land use 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 programme of action concretizes the strategy of planning, development and

territorial cohesion of the country, in coherence with other strategic instruments,

through the definition of general guidelines, an articulated set of objectives

strategic, which develop through specific objectives and measures

priority, and provides for the coordination of territorial management.

Article 2.

Territorial scope

1-PNPOT applies to the whole of the national territory, covering the territory

historically defined on the European continent and the archipelagos of the Azores and

Wood, as well as the territorial waters defined by law, without prejudice to the regime

insular autonomic.

2-PNPOT constitutes the reference normative framework of the management instruments

territorial of the responsibility of the Autonomous Regions.

Article 3.

Principles of decision

1-Plans and programmes with territorial incidence should orient themselves, among others,

by the principles set out in Law No. 48/98 of August 11, and by the framework of

reference and the strategic and specific objectives set out in the program of

action.

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2-PNPOT proceeds to the articulation and compatibilization of spatial planning

with the policies of economic and social development and sectoral policies

with incidence in the organization of the territory, as a result of an appropriate

weighting the public and private interests involved.

Article 4.

Relationship between instruments of territorial management

1-The PNPOT, the sectoral plans, the special plans for spatial planning and

regional land-use planning plans should translate a compromise

reciprocal of compatibilization of the respective options.

2-PNPOT prevails over all the remaining instruments of territorial management in

vigour.

3-PNPOT sets out the guidelines and options for the drafting of new plans

sectoral and regional planning plans, as well as the framework

strategic to be realized by the new municipal and inter-municipal plans of

planning of the territory.

4-PNPOT sets out the principles and guiding rules of the discipline to be defined

by new special plans for spatial planning and involves the amendment of the

special planning plans of pre-existing territory that with the same no

compatibilize.

Article 5.

Strategic guidelines for the national scope

1-The strategic orientations in urban system and acessibilities

defined for mainland Portugal find themselves translated spatially in the

constant territorial model in the report.

2-The following strategic objectives for Portugal are defined, which

constitute the referential framework of commitments of policies with incidence

territorial:

a) Conserving and valuing biodiversity, resources and natural heritage,

landscaping and cultural, to use in a sustainable way the energy resources and

geological, and prevent and minimise risks;

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b) To strengthen Portugal's territorial competitiveness and integration into the

Iberian, European, Atlantic and global spaces;

c) To promote the polycentric development of the territories and strengthen the infra-

structures of support for integration and territorial cohesion;

d) Ensuring the territorial fairness in the infrastructure and infrastructure

collective equipment and universality in access to the services of

general interest, promoting social cohesion;

e) Expanding the networks and advanced infrastructures of information and communication

and to encourage their growing use by citizens, companies and

public administration;

f) To strengthen the quality and efficiency of territorial management by promoting the

informed, active and responsible participation of citizens and institutions.

3-The guidelines for the elaboration of sectoral plans with territorial incidence

are identified in Chapter 2 and, in particular, in Table I-Priority Measures

by type of public intervention and in Table II-Specific objectives and domains

of the governing action, of the programme of action.

4-The frame of reference to be considered in the elaboration of the 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-The proposals for realization of the development and cohesion strategy

territorial for the Autonomous Regions of the Azores and Madeira shall be

consistent with the respective Regional Development Plans (PRODESA and

PDES).

Article 6.

Main guidelines for the regional scope

The guidelines for the regional scope, which substantiate the frame of reference to

consider in the elaboration of regional spatial planning plans, they 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 the

n. 5 of the preceding Article of this Law.

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Article 7.

Main guidelines for the municipal scope

The guidelines for the municipal scope, which substantiate the frame of reference to

consider in the elaboration of the inter-municipal and municipal planning plans

territory, are identified in Chapter 3 and, in particular, in Table III -- Measures

priority and territorial management instruments, of the programme of action, without prejudice to the

provisions of Article 5 (5) of this Law.

Article 8.

Execution and evaluation

1-Incumbent on the Government the development and delivery of the programme of action,

in particular through the implementation of the priority measures set out in the

even, owing to the respective implementation being decentralised at the regional level and

sectoral.

2-The Government will make the permanent assessment of the adequacy and delivery of the

PNPOT, notably through the Observatory of Territory Planning and

of Urbanism.

Article 9.

Review of PNPOT

The PNPOT can be changed or revised whenever the evolution of the perspectives of

economic and social development determine it.

Article 10.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of December 28, 2006

The Prime Minister

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The Minister of the Presidency

The Minister of Parliamentary Affairs