Key Benefits:
PROPOSED LAW NO. 273 /X
Exhibition of Motives
Considering the examples of general regimes of sectoral counterordinations
implemented, the contribution of which to the decrease of the offences practiced through the
its deterrent effect proved successful, through Law No. 50/2006, of August 29,
the framework law of the environmental counter-ordinations, the application of which has contributed, has been passed
for the progressive conscientiousness of citizens and economic actors for the
environmental issues.
With the passage of the framework law of the environmental counter-ordinations, a
classification of environmental counter-ordinations in light, serious and very serious, depending
the infringed rights and interests and the impact of the offence committed, establishing the article
22 of the said Act, in its paragraphs 2 a to 4, the minimum and maximum amounts of the different
typologies of environmental counterordinations.
Returned more than two years ' duration of Law No 50/2006 of August 29, its
application has revealed that some of the limits of the predicted fines appear
unadjusted from the Portuguese socio-economic reality, with special relief to the limits
minimum whose review is justified in most cases to increase the intervals of
determination of the measure of the fines to be applied and consequently to foster a
greater weighting of the economic situation and the benefit obtained by the offenders.
In effect, the prediction of minimum limits that apply indifferentiately to people
natural or legal irrespective of their size has aroused an assortment and
embarrassment in administrative and judicial authorities in the definition of the value of the fine
to apply when offenders are natural persons or legal persons of small or
medium size, because they consider that the application of the fine may compromise its
economic livelihood, situation that the current conjuncture only came to accentuate.
2
Thus, leaving no longer to be observed the principles of prevention and of
accountability of actors responsible for the injury of natural environmental components
and human, in accordance with that established in the Environment Bases Act, is aimed at,
with the present legislative initiative, confer upon the regime applicable to counter-ordinations
environmental a more tailored character to the Portuguese economic framework, without that of the
modification results any decrease in the deterrent effect resulting from the existence of a
specific regime of the environmental counter-ordinations, whose predicted values continue to
be far superior to the amounts provided for in the general regime of counter-ordinations.
In this context, it is proposed to reduce the large majority of the values of the fines, with special
relief for the minimum limits that are currently contained in Law No. 50/2006, 29 of
August, option that, as noted, aims to adjust the frame of fines applicable to the
national economic reality without such a dampening the elimination of punishability of the
violation of the legal and regulatory provisions relating to the environment, in addition to
potentiate a decrease in judicial pendants, through indirect reduction of the number
of impugations carried out in the counter-ordinational proceedings instituted, for,
presently, there is a widespread preference for the judicial challenge of the
sentencing decisions, rather than the voluntary payment of the applied fine, as a form
of deferred in time the due payment.
In parallel, a precept is inserted which institutes the possibility of the offender who is not
recidivist and that immediately acknowledge the offence it has committed, ceasing to conduct
ilites that motivated the application of the fine, to be able to obtain a reduction of the applicable fine.
In this way, it is intended that the primary offender who acknowledges to have practiced against-
diligenial ordering in the sense of removing the causes of the offence for its initiative,
by demonstrating with this your clear conduct repentance from which results a mitigation
special of the fine.
Finally, given that the experience gained in the application of Law No. 50/2006, 29 of
August, came to demonstrate also the need to proceed to some hits and
clarifications at the level of the procedural regime, other modifications are carried out, of which
highlight the following:
3
-Amendment to Article 2, justified by the need to clarify and standardize the
procedural regime in the situations in which, for reasons of unitary plotting, against-
ordinances that do not find themselves expressly qualified as counter-ordinations
environmental, but which enquel environmental components, have to follow the regime
Procedural constant of Law No. 50/2006 of August 29, as to notifications,
timelines for pronunciation of the defendants, among other aspects, thus avoiding the adoption of
differential tramway regimes.
-Amendments to articles 8 and 11, aiming to clarify, by means of legal consecration
express, the regime of the counterordinational responsibility of legal persons
public.
Consultations should be triggered on the bodies of government of the Regions
Autonomous
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.
Amendment to Law No. 50/2006 of August 29
Articles 2, 8, 11, 25, 31, 44, 54, 63, 67, 67, 67, 67, 67 and 73 of Law No 25.
50/2006, of August 29, shall be replaced by the following:
" Article 2.
[...]
1-Environmental counter-ordinations are regulated by the willing in the present
law and, secondarily, by the general regime of counter-ordinations.
2-The scheme laid down in this Law shall also apply to the tramway of the
processes concerning counter-ordering which, by integrating components of
4
environmental nature, are not expressly classified in the terms
provided for in Article 77, except as a number of special schemes.
3-For the purposes of the preceding paragraph, special schemes are considered
relative to the national agricultural reserve and forest, phylogenetic resources,
agricultural, kinetics, fishing grounds and aquaculture of inland waters.
Article 8.
[...]
1-The fines can be applied to legal persons, public or private,
regardless of the regularity of its constitution, as well as to the
societies and associations without legal personality.
2-[...].
3-[...].
4-A The liability provided for in paragraph 2 is excluded if the legal person
prove that you have fulfilled all the duties to which you were obliged, not by lograting,
despite this, prevent the practice of the infringement by its
workers or of the mandators without powers of representation.
Article 11.
[...]
If the agent is a legal person or equiped, they respond by payment
of the fine, jointly and severally with this, the respective holders of the maximum organ
of public legal persons, partners, administrators or managers.
Article 22.
[...]
1-[...].
5
2-The lightweight counterordinations correspond to the following fines:
a) If practiced by natural persons, from € 200 a to € 1000 in case of
neglect and of € 400 a € 2000 in case of dolo;
b) If practiced by legal persons, from € 3000 a to € 13000 in case of
neglect and of € 6000 a € 22500 in case of dolo.
3-The serious counter-ordinations correspond to the following fines:
a) If practiced by natural persons, from € 2000 a to € 10000 in case
of negligence and of € 6000 a € 20000 in the case of dolo;
b) If practiced by legal persons, from € 15000 a to € 30000 in case
of negligence and of € 30000 a € 48000 in case of dolo.
4-Very serious counterordinations correspond to the following fines:
a) If practiced by natural persons, from € 20000 a to € 30000 in case
of negligence and of € 30000 a € 37500 in the case of dolo;
b) If practiced by legal persons, from € 38500 a to € 70000 in case
of negligence and of € 200000 a € 2500000 in case of dolo.
Article 25.
[...]
1-Constitute counterordinance leads to non-compliance with orders or warrants
legitimate from the administrative authority transmitted in writing to your
recipients.
2-Verified the default to which the preceding paragraph is concerned, the
administrative authority notifies the recipient to comply with the order or
the warrant and if the one continues to fail to comply with it, the fine is applicable
corresponding to the serious counter-ordinations, provided that the notification of the
administrative authority contains the express indication that to the
default applies to this sanction.
6
3-[...].
Article 30.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) [...];
j) [...];
l) [...];
m) Seizure of animals.
2-[...].
3-[...].
4-[...].
5-[...].
6-In the event that the sanction provided for in the subparagraph is applied m) of paragraph 1, shall
administrative authority to communicate immediately to the licensor entity
of the respective activity, for the latter to perform it.
Article 31.
7
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
9-A penalty provided for in the paragraph m) of paragraph 1 of the previous article can only be
enacted when the animals object of seizure served or were
intended to serve for the practice of a counterordinance.
Article 44.
[...]
1-[...].
2-[...].
3-For the effects of the previous number, the defendants, whenever they burrow
witnesses, should provide all the necessary elements to their
notification, specifically indicate correctly the abode and the
respective postal code concerning each of them.
4-[...].
Article 49.
[...]
1-The news self, after confirmed by the administrative authority and
8
before the final decision is taken, will be notified to the offender
jointly with all the elements necessary for this to stay the
get to know the totality of the relevant aspects for the decision, in the subjects
in fact and in law, to, within 15 working days, pronounce itself by
written about what to offer you for convenient.
2-[...].
3-[...].
Article 54.
[...]
1-Relatively to light and serious counterorders as well as against-
very serious ordinances practiced with negligence, the defendants may
proceed to voluntary payment of the fine, except in cases where
there is no cessation of the illicit activity.
2-[...].
3-[...].
4-The voluntary payment of the fine amounts to conviction for the purpose of
recidivism, not excluding the possibility of application of sanctions
accessory.
5-[...].
Article 63.
[...]
1-The national enrolment has the object of the registration and treatment of the sanctions
ancillary and ancillary, as well as the precautionary measures applied in
counterordinance process and court decisions, related to
those processes, after definitive decision or transit on trial.
9
2-[...].
3-[...].
Article 67.
[...]
1-[...].
2-By issuance of the environmental cadre certificate is due a fee in the terms
to be defined by decree-law and the amount of which is fixed by the minister's porterie
responsible for the area of the environment.
Article 73.
[...]
1-Regardless of the phase in which it becomes final or transite in
judged the sentencing decision, the product of the fines applied in the
sequence of counterordinance processes tramway under the
present regime, as well as in the cases provided for in Articles 49 to and 54, is
reparty as follows:
a) [...];
b) [...];
c) [...];
d) [...].
2-[...]. "
Article 2.
Addition to Law No. 50/2006 of August 29
Articles 49-A and 52-A to Law No. 50/2006 of August 29, with the following are postponed.
wording:
" Article 49.
Reduction of the fine
10
1-Within the maximum period of 15 working days after the notification made in the
terms of paragraph 1 of the previous article, the defendants may apply for payment
of the fine relative to light and severe counterordinations, the same being
reduced by 25% of the statutory minimum amount.
2-A The reduction of the fine set out in the preceding paragraph may only take place if the accused:
a) Cumulatively with the application, demonstrate to have ceased the illicit conduct,
by action or omission, object of the counterordinance or counter-ordinations
whose practice has been imputed to him;
b) It is not recidivist.
3-For the purposes of paragraph 1, it is considered to be the minimum amount of the fine the
established for the cases of negligence.
4-The payment of the fine in the terms of this Article amounts to
conviction for the purpose of recidivism, not excluding the possibility of
application of ancillary sanctions.
5-A fine must be paid in the 10 working days after the notification to
payment, under penalty of the respective counterordinational procedure
continue its legal tramits.
6-A submission of the application pursuant to paragraph 1 shall not suspend the
deadline provided for in paragraph 1 of the preceding Article.
Article 52-The
Preclusion of the imputation
The payment of the fine after notification of the administrative decision which applied it
entitled the right of judicial challenge relatively to the same. "
Article 3.
Republication
It is republished, in annex to this Act, of which it is an integral part, the Act No. 50/2006, of
11
August 29, with the current wording.
Article 4.
Abrogation standard
Article 72 of the Law No 50/2006 of August 29 is repealed.
Seen and approved in Council of Ministers of April 30, 2009
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
12
ANNEX
Republication of Law No. 50/2006 of August 29
PART I
From counterordinance and fine
Title I
From the environmental counter-ordinance
Article 1.
Scope
1-A This Law establishes the regime applicable to environmental counterordinations.
2-Constitute counterordinate environmental law all the unlawful and objectionable fact that fills a
legal type corresponding to the violation of legal and regulatory provisions concerning the
environment that consents rights or imposes duties, for which a fine is comine.
3-For the purposes of the preceding paragraph, it is considered to be legislation and regulations
environmental whole with regard to natural and human environmental components such as
listed in the Bases of the Environment Act.
Article 2.
Regime
1-Environmental counter-ordinations are regulated by the provisions of this Law and,
subsidiary, by the general regime of counter-ordinations.
2-The scheme laid down in this Law shall also apply to the tramping of proceedings
relative to counter-ordinations that, integrating components of an environmental nature, do not
are expressly classified in the terms set out in Article 77, except as
constem of special regimes.
3-For the purposes of the preceding paragraph, special arrangements for the reservation are considered
13
National agricultural and forestry resources, phylogenetic, agricultural, kinetics, fishing grounds and
aquaculture of inland waters.
Article 3.
Principle of legality
It is only punishable as an environmental counterordinance the fact described and declared liable to
cofine by law prior to the time of its practice.
Article 4.
Application in time
1-A The punishment of the environmental counter-ordinance is determined by the prevailing law at the moment
of the practice of the fact or the fulfillment of the assumptions on which it depends.
2-If the law beholds the time of the practice of the fact is subsequently modified, it applies to
law more favourable to the defendants, unless the latter has already been convicted of a final decision or
transitioned on trial.
3-When the law is worth for a certain period of time, it is still punishable
as an environmental counterordinance the fact practiced during that period.
Article 5.
Application in space
Unless treated or international convention to the contrary, the present diploma shall apply to the
facts practiced:
a) In Portuguese territory, regardless of the nationality or seat of the agent;
b) On board of aircraft, trains and Portuguese ships.
Article 6.
Time of practice of the fact
14
The fact shall be deemed to be practiced at the time the agent has acted or, in the case of
omission, should have acted, regardless of the time when the typical result
if it has produced.
Article 7.
Place of practice of the fact
The fact considers itself to be practiced in the place where, in whole or in part and under any
form of comparticipation, the agent acted or, in the case of omission, should have acted, well
as in that in which the typical result has been produced.
Article 8.
Responsibility for counter-ordinations
1-The fines can be applied to legal persons, irrespective of the
regularity of its constitution, as well as to societies and associations without personality
legal.
2-Legal persons and entities that are equated to them in the preceding paragraph are
responsible for the counter-ordinations provided for in this diploma when the facts
have been practiced, in the exercise of their respective activity, in their name or by their
account, by the holders of their social bodies, mandators, representatives or employees.
3-The holders of the board of directors of legal persons and equiparated entities,
as well as those responsible for the direction or surveillance of areas of activity in which it is
practiced some counter-ordinance, incur the sanction provided for by the author,
especially attenuated, when, knowing or owing to the practice of the offence,
do not adopt the appropriate measures to terminate you immediately, unless
more serious sanction kayaks them by force of another legal provision.
15
4-A The liability provided for in paragraph 2 is excluded if the legal person proves that he has complied
all the duties to which I was obliged, not by lograting, in spite of this, to impede the practice of the
infringement on the part of its employees or of the empowers without powers of
representation.
Article 9.
Punishability by dolo and neglect
1-The counter-ordinations are punishable by title of dolo or negligence.
2-A negligence in the environmental counter-ordinations is always punishable.
3-The error on elements of the type, on the prohibition or on a state of affairs that, the
exist, would depart the ilicitude of the fact or the fault of the agent excludes the dolo.
Article 10.
Punishability of the attempt
The attempt is punishable in the ranked counter-ordinations of serious and very serious, being
the minimum and maximum limits of the respective cofine reduced to half.
Article 11.
Solidarity liability
If the agent is a legal person or equated person, they respond by the payment of the fine,
jointly and severally with this, the respective holders of the maximum body of legal persons
public, partners, administrators or managers.
Article 12.
Error on ilicitude
16
1-Age without fault who acts without awareness of the ilicitude of the fact, if the error is not
objectionable.
2-If the error is objectionable to it, the fine can be especially attenuated.
Article 13.
Inimputability in reason of age
For the purposes of this law, the smallest of 16 years are considered to be inimitable.
Article 14.
Enmputability in the reason of psychic anomaly
1-It is inimputable who, by virtue of a psychic anomaly, is incapable, at the time of the
practice of the fact, to assess the ilicitude of this or to determine itself in accordance with that
evaluation.
2-It can be declared inimitable who, by virtue of a serious psychic anomaly, do not
accidental and whose effects do not dominate, without which it can be censored, it has, in the
moment of the practice of the fact, the ability to assess the ilicitude of this or to se
determine in accordance with that appreciably diminished assessment.
3-A imputability is not excluded when the psychic abnormality has been provoked by the
agent with the intention of practicing the fact.
Article 15.
Authorship
It is punishable as an author who to carry out the fact, by himself or via outrain,
or take a direct part in its implementation, by agreement or together with another or other, and
yet who, dolly, determine another person to the practice of the fact, as long as there is
execution or beginning of execution.
Article 16.
Complicity
17
1-It is punishable as an accomplice who, dolefully and by any form, provide aid
material or moral to the practice by outing it from a doleful fact.
2-It is applicable to the accomplice to the sanction fixed for the author, especially attenuated.
Article 17.
Comparticipation
1-If several agents have been involved in the fact, any of them incurs responsibility
by environmental counterordinance even if the ilicitude or the degree of ilicitude of the fact
depend on certain qualities or special relations of the agent and these only exist in one of the
comparticipants.
2-Each comparticipant is punished second to his or her guilt, regardless of punishment or
of the degree of guilt of the other comparticipants.
Title II
From the right of access and administrative embargoes
Article 18.
Right of access
1-To the administrative authorities in the exercise of the inspective, supervisory functions or
surveillance is provided for free entry into the establishments and places where they exercise the
activities to be inspected.
2-Those responsible for the spaces referred to in the preceding paragraph are required to provide the
entry and stay to the authorities referred to in the preceding paragraph and to introduce them to
documentation, books, records and any other elements that are required to them, well
as to provide them with the information that is requested.
18
3-In the event of refusal of access or obstruction to the inspective, surveillance or
surveillance, the collaboration of police forces may be requested to remove such obstruction
and ensure the realization and security of the inspective acts.
4-The provisions of this article shall apply to other spaces assigned to the exercise of activities
inspected, in particular to motor vehicles, aircraft, trains and ships.
Article 19.
Administrative embargoes
1-The administrative authorities in the exercise of their powers of surveillance, surveillance
or inspection may determine, within its area of geographical performance, the embargo of
any constructions in areas of prohibited or conditioned occupation in zones of
protection established by law or in contravention of the law, regulations or conditions
of licensing or authorization.
2-Administrative authorities may, for the purposes of the previous article, consult
in full and without reservation with the municipal chambers, the processes relating to the
constructions concerned, as well as from them requesting copies, which shall with character of
urgency to be made available by those.
Title III
Of the fines and ancillary sanctions
CHAPTER I
Of the applicable penalty
Article 20.
Applicable sanction
1-A The determination of the fine and the ancillary sanctions is done in the light of the severity of the
counterordinance, the fault of the agent, its economic situation and the benefits obtained
with the practice of the fact.
19
2-In the determination of the applicable penalty are still taken into account the previous conduct and
posterior of the agent and the requirements for prevention.
3-Are still attentive to coaction, falsification, false statements, simulation or other
fraudulent means used by the agent, as well as the existence of concealment acts or
dissimulation aimed at hindering the discovery of the offence.
CHAPTER II
Fines
Article 21.
Classification of counter-ordinations
For determination of the applicable fine and taking into account the relevance of the rights and
interests violated, counter-ordinations rank in light, serious and very serious.
Article 22.
Amounts of the fines
1-A each classificative ranking of gravity of the environmental counter-ordinations
corresponds to a variable fine depending on whether it is applied to a natural or a legal person
and depending on the degree of guilt, save the provisions of the following article.
2-The lightweight counterordinations correspond to the following fines:
a) If practiced by natural persons, from € 200 a to € 1000 in case of
neglect and of € 400 a € 2000 in case of dolo;
b) If practiced by legal persons, from € 3000 a to € 13000 in case of
neglect and of € 6000 a € 22500 in case of dolo.
3-The serious counter-ordinations correspond to the following fines:
a) If practiced by natural persons, from € 2000 a to € 10000 in case of
neglect and of € 6000 a € 20000 in case of dolo;
b) If practiced by legal persons, from € 15000 a to € 30000 in case of
neglect and of € 30000 a € 48000 in case of dolo.
20
4-Very serious counterordinations correspond to the following fines:
a) If practiced by natural persons, from € 20000 a to € 30000 in case of
neglect and of € 30000 a € 37500 in case of dolo;
b) If practiced by legal persons, from € 38500 a to € 70000 in case of
neglect and of € 200000 a € 2500000 in case of dolo.
Article 23.
Special criteria of measure of the fine
The frame of the fine in the very serious counterordinations provided for in the sub- a) and b) of the n.
4 of Article 22 is raised to double in its minimum and maximum limits when the
presence or issue of one or more hazardous substances severely affect the health, the
safety of people and goods and the environment.
Article 24.
Fulfillment of the omitted duty
Whenever the environmental counterordinance consisted of the omission of a duty, the payment
of the fine does not waiver the offender of his or her compliance if this is still possible.
Article 25.
Orders from the administrative authority
1-Constitute counterordinance leads to the default of orders or legitimate warrants of the
administrative authority transmitted in writing to its recipients.
2-Verified the default referred to in the preceding paragraph, the authority
administrative notifies the recipient to comply with the order or warrant and if that
continue to fail to comply with it, the fine corresponding to the serious counterordinations is applicable,
21
provided that the notification of the administrative authority contains the express indication that
to default applies this sanction.
3-The documents, namely maps, transport guides, reports and bulletins that the
agent or the accused is obliged to send by force of the law or the request of the authority
administrative, are held for all legal effects, such as not sent when you omit
data or be referred incorrectly.
Article 26.
Reoffending
1-It is punished as recidivist who to commit a very serious offence or a
serious offence practiced with dolo, after he was convicted of any other
infringement.
2-It is similarly punished as recidivist who to commit any offence after having
been convicted of a very serious offence or for a serious offence practiced with
dolo.
3-A offence for which the agent has been sentenced is not released for the purpose of
recidivism if between the two offences has elapsed the limitation period of the first.
4-In the event of a recidivism, the minimum and maximum limits of the fine are high in a
third of the respective value.
Article 27.
Counter-ordering contest
1-Whoever has practiced several environmental counter-ordinations is punished with a fine
whose maximum limit results from the sum of the fines concretely applied to the offences in
contest.
2-A fine to be applied shall not exceed double the highest maximum limit of the against-
environmental ordinations in concourse.
22
3-A fine to be applied may not be lower than the highest of the cofines concretely
applied to the various environmental counter-ordinations.
Article 28.
Competition for offences
1-If the same fact constitutes both crime and environmental counterordinance, the
accused is held responsible for both offences, instituting, for the purpose of,
separate processes to be decided by the competent authorities, without prejudice to the provisions of the
following numbers.
2-A The administrative decision that applies a fine lapse when the accused comes to be
doomed in criminal proceedings for the same fact.
3-Being the accused punished for the title of crime, will still be able to apply the sanctions
ancillary accessory to the respective counterordinance.
CHAPTER III
Ancillary sanctions
Article 29.
Procedure
The law may, concurrently with the fine, determine, in respect of the serious offences and
very serious, the application of ancillary sanctions, in the terms provided for in the following articles
and in the general regime of counter-ordinations.
Article 30.
Ancillary sanctions
1-By the practice of serious and very serious environmental counterordinations can be applied
to the offender the following ancillary sanctions:
23
a) Seizure and loss in favour of the State of the objects belonging to the defendants,
used or produced when infringement;
b) Interdiction of the exercise of occupations or activities whose exercise depends on
public title or authorization or type approval of public authority;
c) Deprivation of the right to benefits or subsidies bestowned by entities or
national or community public services;
d) Deprivation of the right to participate in conferences, fairs or national markets or
international with the aim of transactioning or giving publicity to their products
or to their activities;
e) Deprivation of right to participate in public pitching or contests that
have for the object of the undertaking or concession of public works, the acquisition of
goods and services, the granting of public services and the allocation of licences or
alvarás;
f) Closure of establishment whose operation is subject to authorisation
or license of administrative authority;
g) Cessation or suspension of licences, alvarás or authorizations relating to the
exercise of the respective activity;
h) Loss of tax benefits, credit benefits and financing lines
of credit that there is enjoyed;
i) Sealing of equipment intended for the laboration;
j) Imposition of the measures that show appropriate to the prevention of damage
environmental, to the reposition of the situation prior to the offence and to the minimization of the
effects arising from it;
l) Publicity of the conviction;
m) Seizure of animals.
24
2-In the event that the penalty provided for in the paragraphs is applied c) and h) of the previous number, shall
administrative authority to communicate immediately to the entity that assigns the benefit or
allowance with a view to the suspension of the remaining plots of the same.
3-In the case of receipt by the infractor of all or part of the benefit or allowance
may the same be condemned to return it.
4-The sanctions referred to in points b) a j) of paragraph 1 have the maximum duration of three years,
counted as of the date of the definitive sentencing decision.
5-When it occurs obstruction to the implementation of the measures provided for in the sub- f), i ) and j) from the
n. 1 of this Article, it may also be requested to the competent entities to
notification of electric power distributors to disrupts supply
of this.
6-In the event that the sanction provided for in the subparagraph is applied m) of paragraph 1, shall the authority
administrative to communicate immediately to the licensor entity of the respective activity, to
that this one to execute.
Article 31.
Assumptions of the application of ancillary sanctions
1-A sanction referred to in paragraph a) of paragraph 1 of the preceding Article can only be enacted when
the objects served or were destined to serve for the practice of a against-
ordering or by this were produced.
2-A penalty provided for in the paragraph b) of paragraph 1 of the preceding Article can only be enacted if the
accused practiced counterordinance in blatant and serious abuse of the function it exerts or
with manifest and serious violation of the duties attached to it.
3-A penalty provided for in the paragraph c) of paragraph 1 of the preceding Article can only be enacted when the
counter-ordinance has been practiced in the exercise or because of the activity in favour of the
which is awarded the allowance.
25
4-A penalty provided for in the paragraph d) of paragraph 1 of the preceding Article can only be enacted when
the counterordinance has been practiced during or because of the participation in
conference, fair or market.
5-A penalty provided for in the paragraph e) of paragraph 1 of the preceding Article can only be enacted when
the counter-ordinance has been practiced during or because of the public acts or in the
exercise or because of the activities mentioned in that point.
6-A penalty provided for in points f) and g) of paragraph 1 of the preceding article can only be enacted
when the counterordinance has been practiced in the exercise or because of the activity to
whether they refer to permits, licences or alvargas or because of the operation of the
establishment.
7-A penalty provided for in the paragraph h) of paragraph 1 of the preceding Article can only be enacted when
the counter-ordinance has been practiced in the exercise or because of the activity in favour of the
which is awarded the benefit or funding and these have been assigned direct or
indirectly by the State or provence of the European Union.
8-A penalty provided for in the paragraph i) of paragraph 1 of the preceding Article can only be enacted when the
counter-ordering has been practiced through the equipment in question or with the contest
of that.
9-A penalty provided for in the paragraph m) of paragraph 1 of the preceding Article can only be enacted when
the animals the subject of seizure served or were destined to serve for the practice of
a counterordinance.
Article 32.
Interdiction and inhibition of the exercise of activity
1-Can be applied to those responsible for any counterordinance to interdiction
temporary, up to the limit of three years, of the exercise of the profession or of the activity to which the
counterordinance respects.
26
2-A The sanction provided for in this article can only be enacted if the accused practiced it against-
ordering in blatant and serious abuse of the function it exerts or with manifest and serious
violation of the duties attached to it.
Article 33.
Loss of objects
1-You may be declared lost the objects that served or were destined to serve
for the practice of an environmental counterordinance or that as a result of this were
produced, when such objects represent, by their nature or by the circumstances of the
case, grave danger to health, the safety of persons and goods and the environment or there is serious
risk of their use for the practice of a crime or other counterordinance in matter
environmental.
2-Unless otherwise the result of this Law or of the general regime of counter-ordinations,
are applicable to the loss of objects the rules on the incidental penalty of loss of
objects.
Article 34.
Loss of value
When, due to the malpractice performance of the agent, if it has become fully or partially
unenforceable the loss of objects which, at the time of the practice of the fact, belonged to it, may
be declared lost an amount in cash corresponding to the value of those.
Article 35.
Effects of loss
The definitive character or the transit on trial of the loss decision determines the
transfer of the property to the State.
Article 36.
Independent loss of fine
The loss of objects or the respective value may take place yet that there can be no
procedure against the agent or the latter is not applied a fine.
27
Article 37.
Objects belonging to third party
The loss of objects belonging to the third party can only take place:
a) When your holders have competed, with guilt, for their use or
production or of the fact have taken advantages; or
b) When the objects are, by any given title, acquired after the practice of the fact,
knowing the acquirers the provenance.
Article 38.
Publicity of the conviction
1-A The law determines cases in which the practice of serious and very serious offences is the subject
of advertising.
2-A advertising of the conviction referred to in the preceding paragraph may consist of the publication
of an extract with the characterization of the offence and the violated standard, the identification of the
infractor and the sanction applied:
a) In a national journal journal and in a local periodical publication or
regional, from the area of the infringer's seat, at the expense of this;
b) In the 2 th series of the Journal of the Republic , on the last working day of each quarter, in relation
to offenders convicted in the previous quarter, at the expense of these.
3-The publications referred to in the preceding paragraph shall be promoted by the competent court,
in relation to the offences subject to a judicial decision, and by the administrative authority, in the
remaining cases.
Article 39.
Suspension of the sanction
1-A The administrative authority that proceeded to implement the sanction may suspend, total
or partially their execution.
28
2-A suspension may be conditional on the fulfilment of certain obligations,
specifically those deemed necessary for the regularization of illegal situations, à
repair damage or the prevention of health hazards, safety of persons and goods and
environment.
3-The time of suspension of the sanction is set between one and three years, counting its
beginning from the date on which the deadline of the judicial challenge of the decision is exhausted
condensation.
4-Elapsed the time of suspension without the accused having practiced any against-
environmental ordinance, and without having breached the obligations that have been imposed on it,
stands the conviction without effect, proceeding, in the contrary, to the execution of the penalty
applied.
Title IV
From prescription
Article 40.
Prescription
1-The procedure by the serious and very serious counterordinations prescreve as soon as
on the practice of the counter-ordinance there will be the five-year period, without prejudice to the
causes of disruption and suspension provided for in the general regime.
2-The procedure by the light counterordinations prescribes as soon as about the practice of the
counter-ordinance there shall be elapsed the three-year term, without prejudice to the causes of
interruption and suspension provided for in the general regime.
3-The term of limitation of the fine and ancillary sanctions is to:
a) Three years, in the case of serious or very serious counterordinations and
29
b) Two years, in the case of mild counterordinations.
4-The time limit referred to in the preceding paragraph is due from the day on which it becomes final
or transits on trial the decision that determined its application, without prejudice to the causes
of interruption and suspension provided for in the general regime.
PART II
From the counterordinance process
Title I
Of the precautionary measures
Article 41.
Determination of the precautionary measures
1-When it proves necessary for the instruction of the process or when they are in question
health, the safety of persons and goods and the environment, the administrative authority may
determine one or more of the following measures:
a) Suspension of the laboration or the preventive closure in whole or in part of the
polluting unit;
b) Notification of the accused to cease the activities developed in violation of the
environmental components;
c) Suspension of any or some activities or functions exerted by the accused;
d) Subjection of the laboration to certain conditions necessary for the fulfilment of the
environmental legislation;
e) Sealing of equipment for certain time;
f) Technical recommendations to be implemented compulsorily when it is at issue
the improvement of the environmental conditions of laboring;
g) Imposition of the measures that show appropriate to the prevention of damage
environmental, to the reposition of the situation prior to the offence and to the minimization of the
effects arising from it.
30
2-A The determination referred to in the previous number beams, depending on the cases:
a) Until its revocation by the administrative authority or by judicial decision;
b) Up to the commencement of fulfilment of incidental penalty of equivalent effect to the measure
provided for in Article 30 of this diploma;
c) Up to the supervenience of administrative or judicial decision that does not convict the
argued for the ancillary sanction provided for in Article 30, when it was enacted
cautionary measure of equivalent effect;
d) Until the exceeding of the period of instruction set out by Article 48.
3-When it occurs obstruction of the implementation of the measures provided for in paragraph 1 of this article,
may be requested by the administrative authority to power distributor entities
electric the interruption of supply of this to the defendants by that nominee.
4-A The determination of the suspension and preventive closure provided for in paragraph 1 may
be the subject of publication by the administrative authority being the expense of the publication
supported by the offender.
5-When, under the terms of the paragraph c) of paragraph 1, shall be determined the total suspension of the
activities or the functions exercised by the accused and this comes to be condemned, in the same
process, in ancillary sanction that consisted in interdiction or inhibition of the exercise of the
same activities or functions, is discounted by whole in the fulfilment of the sanction
ancillary time of duration of the preventive suspension.
Article 42.
Cautionary apprehension
1-A The law may determine the provisional seizure by the administrative authority, in the terms
of this law and of the general regime of counter-ordinations, particularly of the following goods and
documents:
a) Equipment intended for the laboration;
31
b) Licences, certificates, authorizations, approvals, replacement guides and or other
similar documents;
c) Animals or plants of illegally protected species in the possession of persons
natural or legal.
2-In the case of seizure under the terms of paragraph a) from the previous number, can your
owner, or who represents it, to be designated faithful depositary, with the obligation to not
use the goods cautiously seized, under penalty of the crime of qualified disobedience.
Title II
From the process
CHAPTER I
From notifications
Article 43.
Notifications
1-The notifications in the counterordinance process are made by registered letter,
with acknowledgation of receipt, whenever it is charged to the accused the practice of counterordinance of the
decision that applies to it fine or admoestation, ancillary sanction or some measure
cautionary, as well as convening for the latter to attend or participate in acts or representations.
2-The notifications are directed to the registered office or to the domicile of the recipients.
3-If, for any reason, the registered letter, with notice of receipt, is returned to the
competent entity, the notification will be resubed by notifying you, for your domicile or
thirst, through simple letter.
4-In the notification by simple letter should expressly appear in the process on the date of
dispatch of the letter and the domicile to which it was sent, considering notification
carried out at the 5. day after the date indicated there, comination of this which must appear in the act
of notification.
32
5-Whenever notifying you of refusing to receive or sign the notification, the agent
certifying the refusal, considering the notification.
6-The notifications referred to in the preceding paragraphs may be made by telefax or
via e-mail, whenever there is knowledge of the telefax or the address of
e-Mail of the notifying.
7-When the notification is carried out by telefax or via electronic mail, it is presumed
which was made on the date of the issue, serving as proof, respectively, the copy of the notice where
consents to the mention that the message was received successfully as well as the date, time and
receiver telefax number or the extract of the message carried out, which will be joined by the
autos.
8-The order that orders the notification can be printed and signed by chancela.
9-Constitui notification the receipt by the interested of copy of minutes or seat of the
act to which he assist.
10-The notifications made by simple registered letter are assumed to be made in the 3 th day
subsequent to that of the registration or in the 1. the working day following that, when that day is not useful.
11-Havendo Notice of receipt, the notification shall be deemed to be carried out on the date on which it
is signed and has been carried out in the person of the notifying itself, even when the
notice of receipt there has been signed by third party at the head office or domicile of the
recipient, presumed, in this case, that the letter was timely delivered to that.
12-The stakeholders who intervene in any counter-ordinational procedures
in the administrative authorities of surveillance or environmental inspection shall communicate, in the
deadline of 10 working days, any change to your registered office or domicile.
13-A lack of receipt of any notice or communication, due to no
compliance with the provisions of the preceding paragraph, is not enforceable to the authorities
administrative, producing all legal effects, without prejudice to the available
compulsory notification and terms for which it is to be carried out.
33
Article 44.
Notifications to the mandated
1-The notifications to the defendants who have constituted mandatary will be, whenever
possible, made in the person of this and in their professional domicile.
2-When the notification is in view of the convening of witnesses or experts, in addition to the
notification of these is still notified the mandatary indicating to date, the place and the motive
of the comparency.
3-For the effects of the previous number, the accused, whenever they burrow witnesses, should
provide all the necessary elements to your notification, specifically state
correctly the abode and the respective postal code concerning each of them.
4-The notifications referred to in the preceding paragraphs are made by registered letter, with
receipt notice, applying to the same as the provisions of paragraphs 3, 4 and 5 of the previous article.
CHAPTER II
Processing
Article 45.
Self of news or participation
1-A The administrative authority will raise the respective news self when in the financial year
of their duties, check or substantiate personally, albeit by non-immediate form,
any infringement of the standards referred to in Article 1, which shall serve as a means of proof of the
verified occurrences.
2-Regarding infractions of a counterordinate nature whose verification to
administrative authority has not personally proven, the same should elaborate
an educated participation with the evidence that it possesses.
Article 46.
34
Elements of the auto news and participation
1-The news self or the participation referred to in the preceding article shall, whenever
possible, mention:
a) The facts that constitute the infringement;
b) The day, the time, the place and the circumstances in which the offence was committed or
detected;
c) In the case of the offence being practiced by a natural person, the elements of
identification of the offender and his / her residence;
d) In the case of the offence being practiced by legal person or equated persons, their
identification elements, namely their registered office, identification and residence
of the respective managers, administrators and Directors;
e) The identification and residence of witnesses;
f) Name, category and signature of the autuant or participant.
2-The entities that do not have the competence to proceed to the instruction of the process of
counter-ordering should refer to the auto news or participation within 10 days
useful to the competent administrative authority.
Article 47.
Identification by the administrative authorities
The competent administrative authorities may require the agent of a against-
ordering the respective identification under penalty of a crime of disobedience.
Article 48.
Instruction
1-The autuent or participant may not perform instructional functions in the same process.
35
2-The deadline for the instruction is 180 days counted from the date of distribution to the
respective instructor.
3-If the instruction cannot be completed within the time limit indicated in the preceding paragraph, the
administrative authority may, under reasoned proposal of the instructor, extend the
deadline for up to 120 days.
Article 49.
Right of hearing and defence of the accused
1-The news self, after confirmed by the administrative authority and before it is
taken the final decision, will be notified to the offender jointly with all the elements
necessary for this to get to know the totality of the relevant aspects for the
decision, in matters of fact and law, for, within 15 working days, to pronounce
in writing about what to offer you for convenient.
2-In the same time frame must, wanting, to submit written response, to piece together the documents
probators that he / she possesses and belies witnesses, up to the maximum of two for each fact,
in a total of seven.
3-Consider unwritten the names of the witnesses who in the rol overtake the
legal number, as well as those for which the elements are not indicated
necessary to your notification.
Article 49-The
Reduction of the fine
1-Within the maximum period of 15 working days after the notification made pursuant to paragraph 1 of the
previous article, the accused may apply for the payment of the fine relating to counter-ordinations
light and severe, being the same reduced by 25% of the statutory minimum amount.
2-A The reduction of the fine set out in the preceding paragraph may only take place if the accused:
36
a) Cumulatively with the application, demonstrate to have ceased the unlawful conduct, by action
or omission, object of the counterordinance or counter-ordinations whose practice has been
imputed;
b) It is not recidivist.
3-For the purposes of paragraph 1, it is considered to be the minimum amount of the fine the established
for the cases of negligence.
4-The payment of the fine under the terms of this Article amounts to conviction for
effects of recidivism, not excluding the possibility of application of ancillary sanctions.
5-A fine must be paid in the 10 working days later than notification for payment, under
penalty of the respective counterordinational procedure to continue its legal tramits.
6-A The submission of the application pursuant to paragraph 1 shall not suspend the time limit set out in the
n. 1 of the previous article.
Article 50.
Comparisons of witnesses and experts
1-Witnesses and experts shall be heard at the head office of the administrative authority
where to conduct the instruction of the case or in a delegation of that case, should this one posits.
2-Witnesses can be heard by the police authority, their application or the
request from the administrative authority.
3-If for any reason the police authority is unable to hear the witnesses, these
will be compulsorily heard at the premises of the competent administrative authority
for the statement of the process.
4-To witnesses and experts who do not appear on the day, time and place
assigned to the due diligence of the process, nor justifying the lack in the day itself or in the
five immediate working days, is enforced by the administrative authority a financial penalty
up to 5 UC.
5-It is considered justified the lack motivated by fact not attributable to the indebted that the
prevent from appearing in the procedural act
37
6-A diligence of inquire of witnesses or experts can only be postponed a single
time, even though the lack of the first marking has been deemed justified.
7-In the case where the witnesses and the experts do not compare to a second
convocation, after having failed at the first, the financial penalty to be applied by the authority
administrative may vary between 5 UC and 10 UC.
8-The payment is made within 10 working days of the notification, under penalty
to carry out the implementation, serving as an executive title the notification made by the
administrative authority.
Article 51.
Absence of the accused, the witnesses and experts
The lack of comparisons of the accused, of the witnesses and experts, duly notified,
does not preclude the counterordinance process from following its terms.
Article 52.
Sending the autos to the Public Prosecutor's Office
1-Received the judicial challenge, shall the administrative authority send the autos to the
Prosecutor's Office within 20 working days, which makes them present to the judge, worth this
act as an indictment.
2-When sending the autos may the administrative authority join allegations.
3-Up to the sending of the autos, may the administrative authority revoke, total or
partially, the decision to implement the fine or sanction ancillary.
38
4-Without prejudice to the provisions of Article 70 of the Decree-Law No 433/82 of October 27,
the administrative authority may attach other elements or information that you consider
relevant to the decision of the cause, as well as offer means of proof.
5-A dismissals of the prosecution by the prosecutor's office depends on the concordance of the
administrative authority.
Article 52-The
Preclusion of the imputation
The payment of the fine after notification of the administrative decision which has applied it
the right of judicial challenge in respect of the same.
Article 53.
Interest
At the end of the judicial process that you know of the challenge or the execution of the decision
delivered in the process of against ordering, and if this has been fully or partially
confirmed by the court, adding to the value of the fine in debt the payment of interest
counted from the date of the notification of the decision by the administrative authority to the accused, to the
maximum rate set out in the tax law.
Article 54.
Voluntary payment of the fine
1-Relatively to light and serious counterorders, as well as counter-ordering
very serious practiced with negligence, the accused can proceed to voluntary payment
of the fine, except in cases where there is no cessation of the illicit activity.
2-If the offence consists of the lack of delivery of documents or the omission of
compulsory communications, voluntary payment of the fine is only possible if the accused
remedy the lack in the same time frame.
3-Out of the cases of recidivism, on voluntary payment, the fine is settled by the value
minimum that corresponds to the type of offence practiced.
39
4-The voluntary payment of the fine amounts to conviction for the purpose of recidivism,
not excluding the possibility of application of ancillary sanctions.
5-The voluntary payment of the fine is admissible at any time in the process, but
always before the decision.
Article 55.
Participation of administrative authorities
1-The court communicates to the administrative authority the date of the hearing for, wanting,
this power to participate in the hearing.
2-The court notifies the administrative authorities for these to bring to the hearing the
elements that repudive convenient for a correct decision of the case.
3-The court must communicate to the administrative authority that it has decided the proceedings to
dispatches, the sentence, as well as other final decisions.
Title III
Sumarest process
Article 56.
Sumarest process
1-When the reduced seriousness of the offence and the fault of the agent justifies it, it may
administrative authority in the cases of classified light offences, and before charging
formally the accused, communicate to him the decision to apply a sanction.
2-It may still be determined to the accused who adopt the behavior legally
required within the time frame that the administrative authority shall fix it to the effect.
3-A The decision provided for in paragraph 1 is written and contains the identification of the accused, the description
summary of the imputed facts and the mention of the legal provisions violated and ends with the
admoestation or the indication of the concretely applied fine.
40
4-The accused is notified of the decision and informed that he / she assists him the right to refuse,
within five working days, and of the consequence provided for in the following number.
5-A The refusal or silence of the accused within this period, the application of any due diligence
supplementing, the failure to comply with the provisions of paragraph 2 or the non-payment of the fine in the
deadline of 10 working days after the notification referred to in the preceding paragraph determines the
immediate continuation of the counter-ordering process, by staying without effect the decision
referred to in paragraphs 1 a to 3.
6-Having the defendants proceeded to comply with the provisions of paragraph 2 and payment of the
cofine that has been applied to it, the decision becomes final, as a decision
condensation, and may not the fact again be appreciated as counter-ordinance.
7-A decision handed down in summary proceedings, according to the established in
previous figures, implies the loss of legitimacy of the accused to appeal from that.
Title IV
Costs
Article 57.
General principles
1-The costs of the process revert to the administrative authority that applied the sanction.
2-If the other way around does not result from this law, the expense in the counterordinance process
regulate themselves by the regulatory precepts of the expense in criminal proceedings.
3-The decisions of the administrative authorities who decide on the matter of the proceedings
must set the amount of the costs and determine who should bear them.
4-The counterordinance process that runs before the administrative authorities do not
gives way to the payment of the rate of justice, nor the procuratorate.
5-A The suspension of the sanction provided for in Article 39 of this Act does not cover the costs.
Article 58.
41
Charges
1-The costs comprise, inter alia, the following charges:
a) Transportation expenses and cost aids;
b) The reimbursement by postal franchises, telephone communications, telegraphs, by
telecopy and telematics;
c) The emoluments due to the experts;
d) The transport and storage of seized goods;
e) The payment due to any entity for the cost of certificates or other
elements of information and evidence;
f) The reimbursement with the acquisition of photographic, magnetic and audio supports,
necessary for the obtaining of the proof;
g) The examinations, analyses, peritages or other actions that the administrative authority
have carried out or warrant to be carried out in the conduct of the inspection which led
to the counterordinance process.
2-The expense is borne by the accused in the event of an application of a fine,
admoestation, ancillary sanction, or cautionary measure and of dismissal or rejection of the
impugation.
3-In the remaining cases the expense is supported by the public purse.
Article 59.
Impugation of the expense
1-The defendants may, in the general terms, judicially challenge the decision of the authority
administrative on the expense, and the challenge shall be filed by the deadline of ten
working days from the knowledge of the decision to be challenged.
2-From the decision of the court of 1 th instance there is only recourse to the Court of Relation when
the amount exceeds the remit of that court.
Article 60.
42
Execution of costs
1-Elapsed the period of payment of the costs without their achievement, the authority
administrative sends, in the following 20 working days, the process to the Public Prosecutor's Office for the
establishment of the competent executive action.
2-Executive titles are the guides of expense passed by the authority
administrative.
3-At the value of the costs in debt add default interest to the maximum rate set out in the law
tax to be counted from the date of notification by the administrative authority.
Article 61.
Prescription of the expense credit
The expense credit prescribes within five years.
PART III
National enrollment
Article 62.
Principles
1-The enrolment must sue in the strict respect for the principles of legality,
veracity and security of the information collected.
2-A The National Data Protection Commission (CNPD) accompanies and scrutinizes, in the
terms of the law on the protection of personal data, the transactions referred to in the articles
following.
Article 63.
Subject
1-The national enrolment has the object of the registration and handling of the main sanctions and
ancillary, as well as the precautionary measures applied in counterordinance process and
of the court decisions, related to those processes, after final decision or
traffic on trial.
43
2-Are still subject to registration the suspension, the extension of the suspension and the revocation of the
decisions made in the counterordinance process.
3-The national enrolment is organized in computerized central file, of it owing
record:
a) The identification of the entity that delivered the decision;
b) The identification of the accused;
c) The date and form of the decision;
d) The content of the decision and the precepts applied;
e) The payment of the fine and the expense of the process;
f) The eventual execution of the fine and the expense of the process.
Article 64.
Entity responsible for the national enrollment
1-A Inspectorate-General for Environment and Territory Planning is the body
responsible for the national enrollment.
2-It is up to the Inspectorate-General for the Environment and the Territory Planning to secure the
right of information and access to data by the respective holders, the correction of
data, as well as to ensure the legality of the consultation or the communication of the information.
3-Can still access the constant data from the enrollment:
a) Judicial magistrates and the Public Prosecutor's Office for the purpose of criminal investigation
and of instruction of criminal proceedings;
b) The entities which, pursuant to the criminal procedural law, receive delegation to the
practice of acts of inquiry or instruction;
c) The official entities for the pursuit of public purposes to his post.
Article 65.
Individual registration
44
1-A The administrative authority shall arrange for an individual registration of the subjects
responsible for environmental offences, of which the precautionary measures and the
major and ancillary sanctions applied in counterordinance processes.
2-Records made by the administrative authority may be integrated and processed
in informatics applications, in the terms and with the limits of the data protection law
personal.
3-The data set out in the records provided for in the preceding paragraph, as well as the data
documentary support constants, can be publicly disclosed in the cases of
very serious counterordinations and recidivism involving serious counterorders.
Article 66.
Submission of data
All administrative authorities have an obligation to send to the Inspectorate General of the
Environment and the Territory Planning in relation to counterordinance processes
by you decided, within 30 working days, information where you build the data referred to in the
n Article 63 (3).
Article 67.
Certificate of environmental enrollment
1-All entities that can access the data set out in the enrollment shall
carry out your request with the Inspectorate for the Environment and Planning
Territory that, to this end, issues the environmental enrollment certificate where they build all
the information in accordance with Article 63.
2-By issuance of the environmental enrollment certificate is due a fee under the terms a
define by decree-law and the amount of which is fixed by office of the minister responsible for the
area of the environment.
Article 68.
Final cancellation
45
They are cancelled automatically, and irrevocably, in the environmental cadre all the
data:
a) With existence more than five years relating to serious and very serious offences;
b) With existence more than three years relating to light offences.
PART IV
Environmental Intervention Fund
Article 69.
Creation
1-The Environmental Intervention Fund, hereinafter referred to as the Fund, is created.
2-The regulation of the Fund shall be established by decree-law, to be adopted within 120
days.
Article 70.
Objectives
The Fund raises part of the revenue from the fines imposed, in the terms
defined in Article 73, which is intended to prevent and repair damage resulting from activities
lesions for the environment, particularly in cases where those responsible do not
ressarcir in good time.
PART V
Final provisions
Article 71.
Generic competence of the Inspector General for the Environment and Planning
Territory
1-Without prejudice to the competence conferred by law to any administrative authority to
the introduction and decision of the counterordinance processes, the inspector general of the Environment
and of Territory Planning is always competent for the same effects
relatively to those processes.
46
2-The inspector general of the Environment and Planning of the Territory is still competent
for the establishment and decision of counterordinance processes whose illicit yet
wider scope, enquadre environmental components.
3-The minister responsible for the area of the environment may determine, whenever the interest
public justifying it, which the Inspectorate-General for the Environment and Planning of the Territory
avoine the environmental counterordinance processes that are ongoing in
any services of the ministry concerned.
4-A avocation predicted in the preceding paragraph implies the transfer of the process to the
Inspectorate-General for the Environment and Territory Planning for the purpose of instruction and
decision, without prejudice to the duty of cooperation which continues to focus on the service
initially competent.
Article 72.
(Repealed by the Law No. __/2009, of __________)
Article 73.
Fate of fines
1-Regardless of the phase in which it becomes final or transite on trial
condensation, the product of the fines applied in the sequence of proceedings against-
ordering tramway under the present regime, as well as in the cases provided for in the
articles 49-A and 54, is rebroken as follows:
a) 50% for the Environmental Intervention Fund;
b) 25% for the authority that applies it;
c) 15% for the autuent entity;
d) 10% for the State.
2-As long as the decree-law referred to in Article 69 (2) is not entered into force, the share of
fines attributable to the Fund continues to be revenue of the State.
Article 74.
47
Administrative authority
For the purposes of this Law, the entire body shall be deemed to be the administrative authority to
who legally commiserates the introduction, instruction and or application of the sanctions of the
counter-ordering processes in environmental matters.
Article 75.
Reformatio in pejus
It is not applicable to the counter-ordering processes instituted and decided in the terms
of this law the prohibition of reformatio in pejus , and that information must appear on all of the
final decisions that admit to impugning or appeal.
Article 76.
Safeguarding of the regime of counter-ordinations within the marine environment
This Law shall be without prejudice to the provisions of the regime of counter-ordinations within the framework of
pollution of the marine environment in maritime spaces under national jurisdiction, approved by the
Decree-Law No. 235/2000 of September 26.
Article 77.
Transitional arrangement
The provisions of this Law referring to fines and their respective values shall apply only to
from the publication of diploma that, by changing the current legislation on environmental matter,
proceed to the classification of the counterordinations there typified.
