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CHAIR OF THE COUNCIL OF MINISTERS
1
Proposed Law No. 33 /XI
Exhibition of Motives
The National Strategic Reference Framework 2007-2013 (QREN), approved by the
Resolution of the Council of Ministers No. 86/2007 of July 3 constitutes the document
strategic for the period 2007-2013 that frames the concretization in Portugal of
economic, social, and territorial development policies through the structural funds
and of cohesion associated with the cohesion policy of the European Union. In this context, it is anticipated
that the implementation of the QREN and the respective operational programmes is viabiliated by the
mobilization of significant community resources-some 21.5 thousand million Euros,
that ensure the realization of investments in the economy, society and the territory
national on the order of the 44 thousand million Euros.
The Government has been adopting measures with a view to speeding up the implementation of the QREN,
to highlight the Memorandum of Understanding concluded between the Government and the Association
National of Portuguese Municipalities, on March 9, 2010, which translated into a Plan
of Initiatives to Promote the Execution of Municipal Initiative Investments in the
scope of the QREN. This Initiatives Plan had as its main objectives to accelerate, the
short term, the implementation of the municipal initiative projects within the framework of the QREN and
strengthen the recognition of municipalities, particularly through communities
intermunicipal, as a strategic partner of public development policies,
growth and employment.
CHAIR OF THE COUNCIL OF MINISTERS
2
In line with the disigning of ensuring maximum use of community funds
available within the framework of the QREN, the Government takes as a priority to promote and guarantee
the implementation of infrastructures considered strategic for development and the
competitiveness of the national territory, and which integrate beneficiary applications of co-
community funding within the framework of the QREN.
From among these infrastructures stand out those considered decisive in the Programme of the
XVIII Constitutional Government, specifically the infrastructures in the areas of
water supply and sewage sanitation, waste management, and the
business competitiveness in the context of regional development.
In the first area, in the sector of water supply and wastewater sanitation,
the Strategic Plan of Water Supply and Wastewater Sanitation for the
period of 2007-2013 (PEAASAR II), approved by Despacho n. 2339/2007, 14 of
February, (2 th series), has devoted to Portugal a strategy of approximation to standards
of water supply and wastewater sanitation of the most advanced countries of the
European Union.
According to the PEAASAR II, the achievement of these goals must translate, between
other measures, in the realization of the investments necessary for the completion and expansion of the
multimunicipal systems at "high" and the continuation of the infrastructure of the strand in
"low", with special focus on investments that enshrine the articulation between both
the strands, determining the mobilization of the QREN community funds to support the
execution of the same.
In the second area, in the waste management sector, the Strategic Plan for Waste
Urban Solids for the period 2007-2016 (PERSU II), approved by the Portaria
CHAIR OF THE COUNCIL OF MINISTERS
3
n ° 187/2007 of February 12, advocates for an increase in the installed national capacity
of digestion of anaerobic, composting, mechanical and biological treatment and the
selective collection of organic matter, so as to ensure compliance with the targets of
landfill diversion, planned for 2009 and 2016, without jeopardizing sustainability
economic of them.
Like the PEAASAR II, the PERSU II also assumes as a determinant of articulation
of the same with the QREN. As it refers to, the implementation of the measures
recommended requires an inevitable financial effort, in particular from those concerning the
construction of new infrastructure and or the adaptation of existing ones, so as to
achieve performance levels consistent with the intended goals, predicting-
if the investments in question are sustained by the QREN.
In the third and last area, in the business competitiveness sector, the XVIII Programme
Constitutional government associates regional development with modernization initiatives
of the Portuguese economy and its infrastructures, with a view to the full
of the wealth creation capacity of all and each of the areas of the territory
national, in a framework of sustainable development.
These initiatives presuppose the potentials of the strategy and the tools provided for in the
QREN, specifically the specific regulation " Support System for Areas of
Corporate Reception and Logistics " created within the framework of the QREN and which aims, in the framework
territorial of the northern regions, Centro, Alentejo and Algarve, namely, the creation,
requalification and conversion of areas of corporate reception, raising its quality
and qualification, rationalizing and giving coherence to the regional and local network of this type of
spaces, as well as support for the management of these platforms, particularly with regard to the
provision of shared services, and still the promotion of local entrepreneurship.
In this context, attests to the country's needs in supply infrastructure of
wastewater and wastewater sanitation, in infrastructure for the valorisation of waste
CHAIR OF THE COUNCIL OF MINISTERS
4
urban solids and in infrastructure of business reception areas, as well as the
priority of the Government assigned to the promotion of the implementation of the QREN, it is necessary that
these infrastructures are completed and enter into exploration with the greatest brevity
possible, making a significant contribution to achieving the goals set by the Government and
for the stimulus of the economy.
Thus, the similarity of the special scheme established for the necessary expropriations to the
delivery of certain hydroelectric profiteers approved by the
Decree-Law No. 301/2009 of October 21, and authorized by Law No. 83/2009, 26 of
August, urge to create an analogous regime for the expropriations necessary for the realization of the
infrastructure that integrates beneficiaries of community co-funding,
particularly those identified above as prioritised, so as to potentiate their most
quick execution. In that measure, it matters to ensure that the recognition of the utility is
public wants the recognition of the urgent character of expropriations and measures to
concretize.
The present special scheme is without prejudice to the rigour that projects of this complexity require,
applying exclusively to projects that have been the subject of analysis and pre-selection in the
scope of your application to the competent technical body for the allocation of the funds
Community and safeguard the rights of private individuals, ensuring their right to fair
compensation.
It is also intended to apply this special regime of expropriations to the completion of the infra-
water supply, wastewater sanitation and valorisation structures of
municipal solid waste, co-financed by the Cohesion Fund in the period 2000-2006,
and to the realization of the infrastructures allocated to the development of logistics platforms which
integrate the National Network of Logistics Platforms, approved by the Decree-Law
no 152/2008 of August 5 in such a way as to facilitate the inherent procedures
administrative and potentiate the beneficial effects for the economy of this initiative.
The "Logistic Portugal" is an essentially private initiative plan, taking over the
State a regulatory position and facilitator for the realization of the same. The Regime
CHAIR OF THE COUNCIL OF MINISTERS
5
Legal of the National Network of Logistics Platforms advocates that it is incumbent on the State to
facilitation of the development of logistics activities connected to the transport or the
goods, involving the promotion of links to platforms under construction or the
build.
In this way, it is intended to streamline the implementation and completion of the ambitious network of
logistics platforms designed and promote the location of the productive activities together
of the infrastructures of the "Logistic Portugal", as a form of valorisation and planning
of the territory.
The conjugation of this special regime with the said decree-law, allowing for simplification and
or the celerity of administrative procedures, is determinant to foster,
decisively, private investment and potentiating, in particular, the increment of
economic activity and the creation of employment.
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
1-Stay the Government authorized to approve a special scheme of the necessary expropriations
to the realization of the following infrastructures:
a) The infrastructures that integrate co-funding applications
by the European Regional Development Fund or the Cohesion Fund
within the framework of the National Strategic Reference Framework 2007-2013 (QREN),
approved by the Resolution of the Council of Ministers No. 86/2007 of July 3;
b) The infrastructures that integrate co-funding applications
by the European Agricultural Fund for Rural Development.
CHAIR OF THE COUNCIL OF MINISTERS
6
2-Considerate in particular covered by the point a) from the previous number the
following infrastructures:
a) The water supply and wastewater supply infrastructure
provided for in the Strategic Plan for Water Supply and Sanitation of
Wastewater for the period 2007-2013 (PEAASAR II), approved by the
Order No. 2339/2007, of February 14, (2 th grade);
b) The infrastructure for the valorisation of municipal solid waste provided for in the
Strategic Plan for Urban Solid Waste for the period of
2007-2016 (PERSU II), approved by the Portaria No. 187/2007, of 12 of
February; and
c) The infrastructure for the creation, expansion, qualification or conversion of areas of
business reception provided for in the specific Regulation " Support System
of Corporate Reception and Logistics " of the QREN.
3-It is still the Government authorized to apply the special expropriations scheme
provided for in paragraph 1:
a) On the completion of water supply infrastructure, sanitation
wastewater and urban solid waste valorisation, co-financed by the
Fund for Cohesion in the period 2000-2006, whose procedures of
expropriation if they start after the entry into force of the present special scheme;
b) To the realization of the infrastructures allocated to the development of platforms
logistics that integrate the National Network of Logistics Platforms, approved
by Decree-Law No. 152/2008 of August 5.
CHAIR OF THE COUNCIL OF MINISTERS
7
Article 2.
Sense and extension
1-The sense of legislative authorization is to allow to make more agile the process of
expropriation for the construction of the infrastructure referred to in the previous article,
allowing, with regard in particular to the infrastructures that integrate applications
benefits of co-funding by the European Regional Development Fund
or by the Cohesion Fund in the framework of the QREN, a further speedy implementation of the QREN,
well as their best harnessing.
2-A The extension of the legislative authorization is as follows:
a) Declare the public usefulness, as a matter of urgency, of the expropriations of the
real estate and inherent rights necessary for the realization of the infrastructures
referred to in the preceding paragraph;
b) Enshrine public utility restrictions on the real estate required by
crossing or the occupation by underground ducts and by paths of
circulation arising from the construction of those infrastructures, as well as to the
realization of geological prospections, surveys and other studies
convenient, being always guaranteed the corresponding compensation, in the
general terms of law, and the possible reposition of the previous situation, in the terms
of the law;
c) Establish specific rules for the process of expropriations required to
implementation of the infrastructure referred to in the previous article;
d) To consider as actions of relevant public interest, pursuant to paragraph 1 of the
article 21 of Decree-Law No 166/2008 of August 22 and paragraph 1 of the article
CHAIR OF THE COUNCIL OF MINISTERS
8
25. of the Decree-Law No. 73/2009 of March 31, the actions strictly
necessary for the implementation of the infrastructure referred to in the previous article,
relating to works of civil construction, communication routes and accesses,
construction of buildings, canals, landfilings and excavations that develop in
areas included in the National Ecological Reserve or which entail the use of
soils integrated into the National Agricultural Reserve.
3-For the purposes of the c ) of the preceding paragraph, lies the Government authorized to establish the
next:
a) Dispensation from the initial application provided for in Article 12 of the Code of
Expropriations, approved by Law No. 168/99, of September 18, without prejudice
of the maintenance of the applicability of Article 13 (3) of the same Code;
b) Possibility of identification by ministerial order, under proposal of the
entity responsible for the implementation of the infrastructure, real estate to
which refers to ( a ) of the previous number, worth this dispatch as
declaration of public utility, in accordance with Article 13 (2) of the Code of
Expropriations;
c) Confer on the entity responsible for the construction of the infrastructure, after the
obtaining the approval of the respective construction project, without dependence
of other formalities, the administrative possession of the immovable property referred to in the
point ( a ), in the terms provided for in Articles 20 and following of the Code of
Expropriations.
Article 3.
Duration
The legislative authorization granted by this Law shall be for the duration of 90 days.
Article 4.
CHAIR OF THE COUNCIL OF MINISTERS
9
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 June 24, 2010
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
CHAIR OF THE COUNCIL OF MINISTERS
10
The National Strategic Reference Framework 2007-2013 (QREN), approved by the
Resolution of the Council of Ministers No. 86/2007 of July 3 constitutes the document
strategic for the period 2007-2013 that frames the concretization in Portugal of
economic, social, and territorial development policies through the structural funds
and of cohesion associated with the cohesion policy of the European Union. In this context, it is anticipated
that the implementation of the QREN and the respective operational programmes is viabiliated by the
mobilization of significant community resources-some 21.5 thousand million Euros,
that ensure the realization of investments in the economy, society and the territory
national on the order of the 44 thousand million Euros.
The Government has been adopting measures with a view to speeding up the implementation of the QREN,
to highlight the Memorandum of Understanding concluded between the Government and the Association
National of Portuguese Municipalities, on March 9, 2010, which translated into a Plan
of Initiatives to Promote the Execution of Municipal Initiative Investments in the
scope of the QREN. This Initiatives Plan had as its main objectives to accelerate, the
short term, the implementation of the municipal initiative projects within the framework of the QREN and
strengthen the recognition of municipalities, particularly through communities
intermunicipal, as a strategic partner of public development policies,
growth and employment.
In line with the disigning of ensuring maximum use of community funds
available within the framework of the QREN, the Government takes as a priority to promote and guarantee
the implementation of infrastructures considered strategic for development and the
competitiveness of the national territory, and which integrate beneficiary applications of co-
community funding within the framework of the QREN.
CHAIR OF THE COUNCIL OF MINISTERS
11
From among these infrastructures stand out those considered decisive in the Programme of the
XVIII Constitutional Government, specifically the infrastructures in the areas of
water supply and sewage sanitation, waste management, and the
business competitiveness in the context of regional development.
In the first area, in the sector of water supply and wastewater sanitation,
the Strategic Plan of Water Supply and Wastewater Sanitation for the
period of 2007-2013 (PEAASAR II), approved by Despacho n. 2339/2007, 14 of
February, (2 th series), has devoted to Portugal a strategy of approximation to standards
of water supply and wastewater sanitation of the most advanced countries of the
European Union.
According to the PEAASAR II, the achievement of these goals must translate, between
other measures, in the realization of the investments necessary for the completion and expansion of the
multimunicipal systems at "high" and the continuation of the infrastructure of the strand in
"low", with special focus on investments that enshrine the articulation between both
the strands, determining the mobilization of the QREN community funds to support the
execution of the same.
In the second area, in the waste management sector, the Strategic Plan for Waste
Urban Solids for the period 2007-2016 (PERSU II), approved by the Portaria
n ° 187/2007 of February 12, advocates for an increase in the installed national capacity
of digestion of anaerobic, composting, mechanical and biological treatment and the
selective collection of organic matter, so as to ensure compliance with the targets of
landfill diversion, planned for 2009 and 2016, without jeopardizing sustainability
economic of them.
CHAIR OF THE COUNCIL OF MINISTERS
12
Like the PEAASAR II, the PERSU II also assumes as a determinant of articulation
of the same with the QREN. As it refers to, the implementation of the measures
recommended requires an inevitable financial effort, in particular from those concerning the
construction of new infrastructure and or the adaptation of existing ones, so as to
achieve performance levels consistent with the intended goals, predicting-
if the investments in question are sustained by the QREN.
In the third and last area, in the business competitiveness sector, the XVIII Programme
Constitutional government associates regional development with modernization initiatives
of the Portuguese economy and its infrastructures, with a view to the full
of the wealth creation capacity of all and each of the areas of the territory
national, in a framework of sustainable development.
These initiatives presuppose the potentials of the strategy and the tools provided for in the
QREN, specifically the specific regulation " Support System for Areas of
Corporate Reception and Logistics " created within the framework of the QREN and which aims, in the framework
territorial of the northern regions, Centro, Alentejo and Algarve, namely, the creation,
requalification and conversion of areas of corporate reception, raising its quality
and qualification, rationalizing and giving coherence to the regional and local network of this type of
spaces, as well as support for the management of these platforms, particularly with regard to the
provision of shared services, and still the promotion of local entrepreneurship.
In this context, attests to the country's needs in supply infrastructure of
wastewater and wastewater sanitation, in infrastructure for the valorisation of waste
urban solids and in infrastructure of business reception areas, as well as the
priority of the Government assigned to the promotion of the implementation of the QREN, it is necessary that
these infrastructures are completed and enter into exploration with the greatest brevity
possible, making a significant contribution to achieving the goals set by the Government and
for the stimulus of the economy.
CHAIR OF THE COUNCIL OF MINISTERS
13
Thus, the similarity of the special scheme established for the necessary expropriations to the
delivery of certain hydroelectric profiteers approved by the
Decree-Law No. 301/2009 of October 21, and authorized by Law No. 83/2009, 26 of
August, urge to create an analogous regime for the expropriations necessary for the realization of the
infrastructure that integrates beneficiaries of community co-funding,
particularly those identified above as prioritised, so as to potentiate their most
quick execution. In that measure, it matters to ensure that the recognition of the utility is
public wants the recognition of the urgent character of expropriations and measures to
concretize.
The present special scheme is without prejudice to the rigour that projects of this complexity require,
applying exclusively to projects that have been the subject of analysis and pre-selection in the
scope of your application to the competent technical body for the allocation of the funds
Community and safeguard the rights of private individuals, ensuring their right to fair
compensation.
It is also intended to apply this special regime of expropriations to the completion of the infra-
water supply, wastewater sanitation and valorisation structures of
municipal solid waste, co-financed by the Cohesion Fund in the period 2000-2006,
and to the realization of the infrastructures allocated to the development of logistics platforms which
integrate the National Network of Logistics Platforms, approved by the Decree-Law
no 152/2008 of August 5 in such a way as to facilitate the inherent procedures
administrative and potentiate the beneficial effects for the economy of this initiative.
The "Logistic Portugal" is an essentially private initiative plan, taking over the
State a regulatory position and facilitator for the realization of the same. The Regime
Legal of the National Network of Logistics Platforms advocates that it is incumbent on the State to
facilitation of the development of logistics activities connected to the transport or the
goods, involving the promotion of links to platforms under construction or the
build.
CHAIR OF THE COUNCIL OF MINISTERS
14
In this way, it is intended to streamline the implementation and completion of the ambitious network of
logistics platforms designed and promote the location of the productive activities together
of the infrastructures of the "Logistic Portugal", as a form of valorisation and planning
of the territory.
The conjugation of this special regime with the said decree-law, allowing for simplification and
or the celerity of administrative procedures, is determinant to foster,
decisively, private investment and potentiating, in particular, the increment of
economic activity and the creation of employment.
Thus:
In the use of the legislative authorization granted by the Law No. ___/___, of __de ______, and in the
terms of the points a ) and b ) of Article 198 (1) of the Constitution, the Government decrees the
next:
Article 1.
Subject
1-The present decree-law establishes the special arrangements for the necessary expropriations to the
realization of the following infrastructures:
a) The infrastructures that integrate co-funding applications
by the European Regional Development Fund or the Cohesion Fund
within the framework of the National Strategic Reference Framework 2007-2013 (QREN),
approved by the Resolution of the Council of Ministers No. 86/2007 of July 3;
b) The beneficiary infrastructures of co-financing by the European Fund
Agriculture of Rural Development.
2-Considerate in particular covered by the point a) from the previous number the
following infrastructures:
CHAIR OF THE COUNCIL OF MINISTERS
15
a) The water supply and wastewater supply infrastructure
provided for in the Strategic Plan for Water Supply and Sanitation of
Wastewater for the period 2007-2013 (PEAASAR II), approved by the
Order No. 2339/2007, of February 14, (2 th grade);
b) The infrastructure for the valorisation of municipal solid waste provided for in the
Strategic Plan for Urban Solid Waste for the period 2007-
2016 (PERSU II), approved by the Portaria No. 187/2007 of February 12; and
c) The infrastructure for the creation, expansion, qualification or conversion of areas of
business reception provided for in the specific Regulation " Support System
of Corporate Reception and Logistics " of the QREN.
3-The present special arrangements for expropriations is still applicable, with due
adaptations:
a) On the completion of water supply infrastructure, sanitation
wastewater and urban solid waste valorisation, co-financed by the
Fund for Cohesion in the period 2000-2006, whose procedures of
expropriation if they start after the entry into force of the present decree-read;
b) To the realization of the infrastructures allocated to the development of platforms
logistics that integrate the National Network of Logistics Platforms, approved
by Decree-Law No. 152/2008 of August 5.
Article 2.
Public usefulness and urgency of expropriations
1-Are deemed to be of public utility and as a matter of urgency, in the terms of the article
15. of the Code of Expropriations, the expropriations of real estate and rights
inherent necessary to the realization of the infrastructures referred to in the previous article.
CHAIR OF THE COUNCIL OF MINISTERS
16
2-Compete to the entity responsible for the implementation of each infrastructure, without
injury to the government's own competences, promote and develop the
representations inherent in the procedure of expropriations in accordance with the
present decree-law and with the Code of Expropriations, in the applicable part, being
responsible for the deposit of the amount or of the collateral referred to in Article 20 of the
Code of Expropriations as well as for the respective fair compensation.
Article 3.
Procedure
1-Saved in the cases provided for in Article 14 (2) of the Code of Expropriations, is of the
competence of the member of the Government of the guardian to determine by order, under proposal
of the entity responsible for the implementation of the infrastructure, the real estate to which if
refers to paragraph 1 of the previous article, making it without dependence on the initial application
provided for in Article 12 of the Code of Expropriations and the formalities to it concerning,
without prejudice to Article 13 (3) of the same Code, validating that dispatch as
declaration of public utility, in accordance with Article 13 (2) of the Code of
Expropriations.
2-A concretization of the declaration of public utility of the goods to which the number
previous may consist of the plant approval of the site of the situation of these goods to
expropriate, containing the precise delimitation of the respective limits and which mentions
graphically the scale used, or in the approval of the map that mentions the areas, the
owners and the remaining interested and, where possible, the predial description and the
matricial enrollment.
3-The dispatching referred to in paragraph 1 is published, accompanied by the approved plant or the
map of areas and list of owners and too much interested, and the publication
mention the places where these elements can be consulted.
CHAIR OF THE COUNCIL OF MINISTERS
17
Article 4.
Administrative possession
With the publication of the order referred to in paragraph 1 of the preceding Article is conferred on the
entity responsible for the implementation of the infrastructure the immediate administrative possession
of the goods to expropriate, pursuant to the terms set out in Articles 20 and following of the Code of
Expropriations.
Article 5.
Warranty and content of claims
The expropriations provided for in this decree-law confers on expropriates the right to
receive the payment of a fair compensation, in accordance with the criteria and the
procedures provided for in the Code of Expropriations, specifically as to the forms
of payment, the guarantees of payment, the payment of the respective interest and the
attribution of this value to those interested.
Article 6.
Crossing and occupation of private buildings
1-It is guaranteed to the managing entities responsible for the implementation of the infrastructures to
referred to in Article 1, the right to cross or occupy private buildings, of
agreement with studies and projects, with underground pipelines or pathways of
circulation required or imposed by the realization of the infrastructure.
2-It is still guaranteed to the entities referred to in the preceding paragraph the right to be held
geological prospections, surveys and other convenient studies in buildings
particulars necessary for the design and implementation of the infrastructure, existing duty
of reposition 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, pursuant to the Code of Expropriations.
CHAIR OF THE COUNCIL OF MINISTERS
18
Article 7.
National Agricultural Reserve, National Ecological Reserve and cultural heritage
1-Are considered actions of relevant public interest, pursuant to Article 1 (1)
21. of the Decree-Law No. 166/2008 of August 22, and of Article 25 (1) of the
Decree-Law No. 73/2009 of March 31, the actions strictly necessary for the implementation
of the infrastructure, relating to works of civil construction, communication routes and
accesses, construction of buildings, canals, landfills and excavations that develop in
areas included in the National Ecological Reserve (REN) or which entail the use of
soils integrated into the National Agricultural Reserve (RAN).
2-The actions referred to in the preceding paragraph shall compulsorily be communicated to the
relevant regional coordination and development commission (CCDR) in the case in the
REN, or to the competent regional entity in the case of RAN.
3-Stay subject to prior communication, pursuant to Art. 22 of the Decree-Law
n ° 166/2008 of August 22 of the Portaria No 1247/2008 of November 4 and of the
Portaria No. 1356/2008 of November 28, the shares of prospecting and polling
necessary for the design of the infrastructure, which you can start on the 15-day time frame
after the submission of the prior communication.
4-Without prejudice to the provisions of the preceding paragraph, the CCDR, within 15 days after the
presentation of the preview communication, may establish restrictions, conditioners or
measures to minimise the prospecting and polling actions in question, notifying,
for the purpose, the entity responsible for the implementation of the infrastructure.
5-A violation of the terms and conditions set out in the CCDR notification referred to in the
previous number or the realization of the prospecting and polling actions without which
has been presented the preview communication constitute environmental counterordinance
very serious, pursuant to Law No. 50/2006 of August 29, as amended by the Law
n. 89/2009 of August 31 and by the Declaration of Rectification No 70/2009 of 1 of
October.
CHAIR OF THE COUNCIL OF MINISTERS
19
6-It shall apply to the actions referred to in paragraph 2 and 3, the provisions of Article 36, in paragraphs 5 a to 8 of the
article 37 and in Articles 38 and 39 of the Decree-Law No 166/2008 of August 22,
whenever they are in cause areas included in the REN.
7-Under the terms of Law No. 107/2001 of September 8, the Institute of Management of the
Architectural and Archaeological Heritage, I. P., may, within 15 days after the
presentation of the prior communication provided for in Article 40 of Law No 107/2001 of 8 of
September, establish restrictions, conditioners or measures of minimization to actions
of prospecting and probing in cause, notifying to the effect the entity
responsible for the implementation of the infrastructure.
Article 8.
Surveillance
The surveillance of this decree-law shall compete with the CCDR, the regional directions of
agriculture and fisheries and municipalities, as well as other competent entities in reason
matter or area of jurisdiction.
Article 9.
Public domain
The present legal regime is without prejudice to the application of the legal regime of heritage
public real estate, approved by the Decree-Law No. 280/2007 of August 7, and still
Implementation of the Military Infrastructure Programming Act, passed by the Organic Law
n. 3/2008, of September 8.
Article 10.
Subsidiary regime
The expropriations provided for in this Decree-Law shall be carried out in accordance with the Code of
Expropriations in anything that is not provided for in this Law.
CHAIR OF THE COUNCIL OF MINISTERS
20
Article 11.
Application in time
The powers granted by the present decree-law shall lapse, in respect of each of the
infrastructure referred to in Article 1, with the respective entry into operation or,
when it is the case, with the act of declaration of the end of the respective procedure of
implementation.
Article 12.
Entry into force
This decree-law shall come into force on the day following that of its publication.
Seen and approved in Council of Ministers of
The Prime Minister
The Minister of State and Finance
The Minister of the Presidency
The Minister of Justice
The Minister of Economy, Innovation and Development
The Minister of Agriculture, Rural Development and Fisheries
The Minister of the Environment and Planning of the Territory
The Minister of Culture
