Regional Legislative Decree of the Autonomous Region of Madeira No. 24/2026/M submitting to the Republic the 5th amendment to Law No. 54/2005 of 15 November, on the ownership of water resources.

This Regional Legislative Decree submits a legislative proposal to the Portuguese Parliament seeking the fifth amendment to Law No. 54/2005, which establishes the ownership of water resources. The main objective is to strengthen the role of the Autonomous Regions of Madeira and the Azores in the governance of the maritime public domain, recognizing their fundamental contribution to Portugal’s Atlantic dimension and maritime jurisdiction. The proposal argues that the current legal framework, which attributes the maritime public domain exclusively to the State, does not adequately reflect the constitutional status of the Autonomous Regions or their close territorial and strategic connection to the surrounding maritime areas. The proposed amendment seeks to grant the Autonomous Regions a more substantive role in the definition of maritime public policies and in the administration, management, supervision, use, and exploitation of maritime public assets, while fully preserving Portuguese sovereignty and national unity. To achieve this, the proposal amends specific provisions of Law No. 54/2005 to expressly acknowledge regional powers over maritime governance and to clarify the treatment of certain public-domain lands affected by changes in watercourses. The initiative aims to establish a shared governance framework that better aligns with constitutional principles, supports sustainable economic development and environmental protection, and enables the regions to develop legislative mechanisms adapted to their specific maritime realities.