Authorizes The Government To Create A Special Regime Applicable To Expropriations Necessary For The Achievement Of National Programme Integrated Hydroelectric Potentials Of High Potential Hydroelectric Dams (Pnbeph) And The Hidroel Potentials

Original Language Title: Autoriza o Governo a criar um regime especial aplicável às expropriações necessárias à concretização dos aproveitamentos hidroeléctricos integrados no Programa Nacional de Barragens de Elevado Potencial Hidroeléctrico (PNBEPH) e os aproveitamentos hidroel

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449354d7931594c6d527659773d3d&fich=ppl293-X.doc&Inline=false

1 PROPOSAL of law No. 293/X/4th explanatory memorandum Portugal is a country heavily dependent on imported energy resources-in values that are about 85% of primary energy, which is clearly higher than the average in the European Union. Such a situation is of particular gravity, as that dependency is expressed almost in its entirety in fossil fuels. The energy bill of the imported fuel has been suffering significant growth, in that, in addition to accompany the increased consumption, is dependent on exogenous factors, particularly those that cause variations in raw material prices and exchange rates in international markets. In addition, the use of fossil fuels is a major cause of atmospheric emissions of carbon dioxide, the most significant greenhouse gas. The climate regime in preparation worldwide for the period post 2012, certainly more demanding than that resulting from the Kyoto Protocol, as well as the commitments already undertaken in the framework of the European Union which Portugal is bound, make an effort to promote the various forms of renewable energy, and hydropower is a particularly important component of this effort.

2 Portugal has a significant water potential which is not exploited, being one of the EU countries with the greatest potential in these conditions. The option for hydropower allows energy reduce dependence of the country, increasing the use of an endogenous and renewable resource in addition to allow diversification of sources and the reduction of greenhouse gas emissions. It was in this context that the Government adopted the public water domain concession for hydroelectric potentials of Ribeiradio-Chapel and low taste and, more recently, the national plan for high potential Hydroelectric dams (PNBEPH), whose implementation scheme contained in Decree-Law No. 182/2008, of 4 September. In the PNBEPH include, in particular, the hydroelectric potentials of Foz Tua, the Tua River, of Fridão, in the Tâmega River, of Padroselos, in the rivers Tâmega, Head/Gouvães, rivers Around/Tâmega, going North, the river Tâmega, Vidago, rio Tamega, Almourol, on the Tagus River, Pinhosão, on the river Vouga, of Girabolhos, in the rio Mondego and Alvito, in the Ocreza River. For all that, it is necessary that the hydropower potentials Ribeiradio-Hermitage, low and the Flavor of the PNBEPH are completed and come into operation as soon as possible, giving a significant contribution to meet targets set by the Government and contributing to the necessary stimulation of the economy. Thus, matters become more rapid and effective procedures without prejudice, of course, the rigor that projects of this complexity require. In this way, an adaptation of the general scheme of expropriation, in order to allow for faster project implementation, in strict respect for the rights of individuals while guaranteeing their right to compensation under the law. These reasons justify either the 3 public utility recognition, wants recognition of the urgency of the expropriations and measures to implement. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents the following proposal of Law: Article 1 subject-matter Is the Government allowed to approve a special regime applicable to expropriations necessary to the implementation of hydroelectric exploitations of the national plan of high potential Hydroelectric dams (PNBEPH) referred to in Decree-Law No. 182/2008 , September 4, and the hydropower potentials Ribeiradio-Chapel, on the river Vouga, and low Taste, flavor. Article 2 purpose and extent the sense and the extension of the legislation to be approved by the Government in accordance with the provisions of the preceding paragraph are as follows: the) public interest to declare as a matter of urgency, the expropriation of property and related rights necessary for the performance of each of the hydropower potentials referred to in the previous article, at the time of obtaining of acts or contracts necessary for effective use of assets in the public domain; b) Devote public utility restrictions in real estate required for crossing or occupation by underground and circulation paths resulting from the construction of hydroelectric dams, as well as to carry out geological surveys, polls and other studies are required, regardless of the acts or contracts necessary for effective use of assets in the public domain of the State, being always guaranteed the 4 corresponding compensation in accordance with law, and the eventual replacement of the previous situation, in accordance with the law;

c) establish specific rules for the expropriation process necessary for the implementation of hydroelectric exploitations: i) exemption from the initial application referred to in article 12 of the code of Expropriations, without prejudice to the maintenance of the applicability of paragraph 3 of article 13 of the same code; II) possibility of identification by ministerial decree, on a proposal from the entity responsible for the implementation of the hydroelectric plant, the immovable property included in the Declaration of public interest referred to in subparagraph (a)); III) give the entity responsible for the implementation of the hydroelectric plant, after the acts or contracts necessary for effective use of assets in the public domain of the State, without reliance on other formalities, the ownership in the goods referred to in point (a)), under the conditions laid down in articles 20 et seq. of the code of Expropriations; d) determines that the goods so expropriated in the public domain of the State, in accordance with the procedure set in the respective acts or contracts necessary for effective use of assets in the public domain of the State. Article 3 Duration the legislative authorization granted by this law lasts for 60 days. 5 article 4 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 21 May 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 6 Portugal is a country heavily dependent on imported energy resources-in values that are about 85% of primary energy, which is clearly higher than the average in the European Union (EU). Such a situation is of particular gravity, as that dependency is expressed almost in its entirety in fossil fuels. The energy bill of the imported fuel has been suffering significant growth, in that, in addition to accompany the increased consumption, is dependent on exogenous factors, particularly those that cause variations in raw material prices and exchange rates in international markets. In addition, the use of fossil fuels is a major cause of atmospheric emissions of carbon dioxide (CO2), the most significant greenhouse gas (GHG) emissions. The climate regime in preparation worldwide for the period post 2012, surely more demanding that the resulting from the Kyoto Protocol, as well as the commitments already undertaken in the framework of the European Union which Portugal is bound, make an effort to promote the various forms of renewable energy, and hydropower is a particularly important component of this effort. Portugal has a significant water potential which is not exploited, being one of the EU countries with the greatest potential in these conditions. The option for hydropower allows energy reduce dependence of the country, increasing the use of an endogenous and renewable resource in addition to allow diversification of sources and the reduction of greenhouse gas emissions. It was in this context that the Government adopted the public water domain concession for hydroelectric potentials of Ribeiradio-Chapel and low taste and, more recently, the national plan for high potential Hydroelectric dams (PNBEPH).

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In the PNBEPH include, in particular, the hydroelectric potentials of Foz Tua, the Tua River, of Fridão, in the Tâmega River, of Padroselos, in the rivers Tâmega, Head/Gouvães, rivers Around/Tâmega, going North, the river Tâmega, Vidago, rio Tamega, Almourol, on the Tagus River, Pinhosão, on the river Vouga, of Girabolhos, in the rio Mondego and Alvito, in the Ocreza River. For all that, it is necessary that the hydropower potentials Ribeiradio-Hermitage, low taste and those who belong to the PNBEPH, be completed and go into operation as soon as possible, giving a significant contribution to meet targets set by the Government and contributing to the necessary stimulation of the economy. Thus, matters become more rapid and effective procedures without prejudice, of course, the rigor that projects of this complexity require. In this way, an adaptation of the general scheme of expropriation, in order to allow for faster project implementation, in strict respect for the rights of individuals while guaranteeing their right to compensation under the law. These reasons justify either the recognition of public utility, wants recognition of the urgency of the expropriations and measures to implement. So: the use of legislative authorization granted by law [•], and pursuant to points (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: 8 Article 1 subject-matter this Decree-Law establishes the special arrangements applicable to expropriations necessary to the implementation of hydroelectric exploitations of the national plan of high potential Hydroelectric dams (PNBEPH) and also of the hydropower potentials Ribeiradio-Hermitage on the river Vouga, and low Taste, Flavor article 2 public interest and urgency of the expropriations 1 – considered the public interest, declared as a matter of urgency, at the time of obtaining of acts or contracts necessary for effective use of assets in the public domain of the State, from expropriations of property and inherent rights needed to carry out the uses covered by hydroelectric scheme for implementing the national plan of High dams Hydroelectric Potential provided for in Decree-Law No. 182/2008 , September 4, and the hydropower potentials Ribeiradio-Chapel, on the river Vouga, and low Taste, flavor. 2 – it is the entity responsible for the implementation of each hydroelectric plant, without prejudice to the powers of Government, promote and develop the steps inherent in the procedure of expropriation in accordance with this law and with the code of Expropriations at the applicable, being responsible for the deposit amount or deposit referred to in article 20 of the code of Expropriations and by fair compensation. 3-The expropriated property under this decree-law form part of the public domain of the State, in accordance with the procedure set in the respective acts or contracts necessary for effective use of assets in the public domain of the State.

9 Article 3 1 Procedure-it is the Minister responsible for land use planning determine by Decree, on a proposal from the entity responsible for the implementation of the hydroelectric plant, the real property covered by the Declaration of public interest referred to in paragraph 1 of the preceding article, without dependence of the initial application referred to in article 12 of the code of Expropriations and the formalities related thereto without prejudice to the maintenance of the applicability of paragraph 3 of article 13 of the same code. 2-the implementation of the Declaration of public utility of goods referred to in the preceding paragraph may consist in approval of site plan of the situation of these goods to expropriate containing the delimitation of their boundaries and needs stating graphically the scale used, or on the approval of the map stating the areas, owners and other interested parties, and whenever possible building description and registration. 3-the order referred to in paragraph 1 is published in the second series of the Diário da República, accompanied by the approved plan or map of areas and list of owners and other interested parties, and the publication mentioning the places where they may be consulted.

10 article 4 administrative Possession With the publication of the ministerial order referred to in paragraph 1 of the preceding article which determines the real property covered by the Declaration of public utility, is conferred to the entity responsible for the implementation of the hydroelectric plant ownership immediate administrative goods to expropriate, under the conditions laid down in articles 20 et seq. of the code of Expropriations. Article 5 Guarantee and content of The expropriation indemnities provided for in this decree-law give the expropriated the right to receive the payment of fair compensation, in accordance with the criteria and procedures laid down in the code of Expropriations, particularly with regard to payment methods, payment, guarantees the payment of interest and assigning that value to interested parties. Article 6 Crossing and occupation of private buildings-1 is guaranteed to the entities responsible for the implementation of hydroelectric exploitations referred to in article 1, irrespective of the obtaining of documents or contracts necessary for effective use of assets in the public domain of the State, the right to cross or occupy private buildings, according to the relevant studies and projects with underground or circulation paths required or imposed by the accomplishment of the hydroelectric plant.

11 2-is still guaranteed to entities referred to in the preceding paragraph, the right to carry out geological surveys, polls and other studies required in private buildings necessary for the design and implementation of the hydroelectric plant, with the duty of replacement of the initial conditions of the building. 3-the owners affected by the measures provided for in the preceding paragraphs are due compensation for the burden constituted, when them resulting in decreased value or property income or reducing its area, compensating the interested under the general terms of law, in accordance with the rules laid down in the code of Civil procedure. Article 7 national agricultural Reserve, National ecological reserve and 1-cultural heritage are considered relevant actions in the public interest, in accordance with paragraph 1 of article 21 of Decree-Law No. 166/2008 of 22 August, and of paragraph 1 of article 25 of Decree-Law No. 73/2009, to March 31, the measures strictly necessary for the implementation of hydroelectric plant for waterworks, lines of communication and access, construction of buildings, canals, embankments, and excavations, which are carried out in areas included in the National ecological reserve or involving the use of soil integrated in national agricultural Reserve (RAN). 2-the measures referred to in paragraph 1 shall be communicated to the Commission, respectively, of coordination and regional development (CCDR) or regional entity RAN. 3 – Are subject to advance notification, pursuant to article 22 of Decree-Law No. 166/2008 of 22 August, and the Ordinances Nos. 1247/2008, of 4 November, 2008, 1356/November 28, prospecting and surveys actions necessary for the design of the hydroelectric plant, which can start within 15 days after the presentation of prior communication. 12 4-without prejudice to the provisions of the preceding paragraph, the CCDR, within 15 days after the submission of the communication, may establish restrictions, conditions or mitigation measures the actions of prospecting and surveys concerned, notifying, for this purpose, the entity responsible for the implementation of the hydroelectric plant. 5-the violation of the terms and conditions contained in the notification of CCDR, referred to in the preceding paragraph, or the implementation of measures of prospecting and surveys without the advance notice has been submitted, constitute very serious environmental infraction, pursuant to law No. 50/2006, of 29 August. 6 – applies to the measures referred to in paragraphs 2 and 3, the provisions of article 36, paragraphs 5 to 8 of article 37 and in articles 38 and 39 of Decree-Law No. 166/2008 of 22 August, where are concerned areas are included in National ecological reserve. 7 – pursuant to law No. 107/2001, of 8 September, the Institute for management of the architectural and Archaeological Heritage, i. p., may, within 15 days after the presentation of the advance notification provided for in article 40 of the law No. 107/2001, of 8 September, establish restrictions, conditions or mitigation measures the actions of prospecting and surveys concerned by notifying the entity responsible for the implementation of the hydroelectric plant. Article 8 Monitoring oversight of this Ordinance it shall be the responsibility of the CCDR, administrations of the river basin district, the regional directorates of agriculture and fisheries and to the municipalities, as well as other competent bodies on the basis of matter or the jurisdiction.

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Article 9 subsidiary Regime The expropriations provided for in this decree-law shall be held in accordance with the code of Expropriations in everything that is not provided for in this decree-law. Article 10 Implementation in time this decree-law shall lapse, for each of the hydropower potentials referred to in article 1, with its entry into operation or, if applicable, with the Act of Declaration of the end of the respective implementation procedure. Article 11 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 the Prime Minister and State Minister of finance, the Minister of justice the Minister of the environment, regional planning and Regional development, the Ministry of economy and innovation the Minister of agriculture, Rural development and fisheries