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Repeals Law No. 38/2006, Of 17 August, Which Extended For A Period Not Exceeding Three Years, The Period Of Validity Of Preventive Measures Of Soil Occupation In The Area Of Location Of New Lisbon Airport, In The Area Of The Ota, Provided For In (D)

Original Language Title: Revoga a Lei n.º 38/2006, de 17 de Agosto, que prorrogava, por um período não superior a três anos, o prazo de vigência das medidas preventivas de ocupação do solo na área prevista de localização do novo aeroporto de Lisboa, na zona da Ota, previstas no D

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PROPOSED LAW NO. 203 /X

Exhibition of Motives

Since 1997 the area of the Ota, as a potential area of the new airport, has been subject to

to preventive measures. The duration of these preventive measures was justified by the

need to accral the change in the circumstances in the area of potential installation of the

New Lisbon Airport, while developing the work for the realization

of such an important project.

Such preventive measures have been instituted by Decree No 42/97 of August 21,

extended by Decree No 31-A/99 of August 20. A few months later, the

constant legislative authorization of Article 12 of the Law No. 3-B/2000 of April 4, habilitated

the Government to extend for a period of three years the preventive measures concerning the

areas defined in tables A and B annexed to Decree No 31-A/99 of August 20. The

shelter from such legislative authorization, came the Government to define, by the Decree-Law

n ° 170/2000 of August 8, the extension for a period of three years, counted from

of August 22, 2000, of the said preventive measures of land occupancy.

Attending to that the term of the preventive measures would end on day 22 of

August 2003, Law No. 5/2003 of February 27 enabled the Government to extend by

plus a three-year period the preventive measures regarding the areas defined in the

tables A and B annexes to Decree No 31-A/99 of August 20. Under such a

legislative authorization, came the Government to define, by the Decree-Law No. 118/2003, of 14 of

June, the extension for a period of three years, counted as of August 22 from

2003. The duration of such preventive measures was again extended by the Law

n ° 38/2006 of August 17, under which those apply at present.

Succeeding that by Resolution of the Council of Ministers n. ___/___, and following the

study of the National Laboratory of Civil Engineering, I. P. (LNEC) on the location of the

Alcochete's Tiro field, understood the Government to preliminarily approve the location

of the New Lisbon Airport in the Tiro de Alcochete's Field zone and abandon the

area of the Ota as a zone of future installation of the airport of Lisbon

2

The change in the circumstances that this preliminary ruling represents imposes that if

repeal immediately the preventive measures that still impending on that zone,

creating from already new conditions for the development of that Region, in a scenario

new, to which all those involved are called to contribute.

The revocation of preventive measures is thus the respect for a commitment

publicly taken over by the Government, and a first step towards that, with participation

of all those interested, if it can reequate the development of that important

region of the country.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

It is repealed the Act No 38/2006 of August 17.

Article 2.

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 May 8, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs