Decree-Law No. 151-B/2013 establishing the legal regime of environmental impact assessment.
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Type of law
Legislation
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Date of latest amendment
Abstract
This Decree-Law, consisting of 52 articles divided into six Chapters and seven Annexes, establishes the legal regime of environmental impact assessment (EIA) to be applied for significant effects caused by certain public and private projects on the environment. It applies for internal regulation Parliament and Council Directive No. 2011/92/UE. Sanctions for illegal activity are prescribed in the text. Annexes concern projects and categories of wastes to be treated for environmental preservation, etc.
The objectives of the EIA are: a) Identify, describe and evaluate, in an integrated manner, depending on each particular case, the possible significant environmental impacts, direct and indirect, of a project and the alternatives presented, with a view to supporting the decision on the respective environmental viability, and considering in particular its effects on: i) The population and human health; ii) Biodiversity, especially with regard to species and habitats protected under the terms of Decree-Law No. 140/99 of 24 April; iii) Territory, soil, water, air, climate, including climate change; iv) Material assets, cultural, architectural and archaeological heritage and the landscape; v) The interaction between the factors mentioned, including the effects arising from the project's vulnerability to the risks of serious accidents or catastrophes that are relevant to the project in question. b) Define measures designed to avoid, minimize or compensate such impacts, helping to adopt environmentally sustainable decisions; c) Institute a process for verifying, a posteriori, the effectiveness of the measures adopted, namely, through monitoring the effects of the evaluated projects; d) Guarantee public participation and consultation of interested parties in the formation of decisions that concern them, prioritizing dialogue and consensus in the performance of administrative functions.
The objectives of the EIA are: a) Identify, describe and evaluate, in an integrated manner, depending on each particular case, the possible significant environmental impacts, direct and indirect, of a project and the alternatives presented, with a view to supporting the decision on the respective environmental viability, and considering in particular its effects on: i) The population and human health; ii) Biodiversity, especially with regard to species and habitats protected under the terms of Decree-Law No. 140/99 of 24 April; iii) Territory, soil, water, air, climate, including climate change; iv) Material assets, cultural, architectural and archaeological heritage and the landscape; v) The interaction between the factors mentioned, including the effects arising from the project's vulnerability to the risks of serious accidents or catastrophes that are relevant to the project in question. b) Define measures designed to avoid, minimize or compensate such impacts, helping to adopt environmentally sustainable decisions; c) Institute a process for verifying, a posteriori, the effectiveness of the measures adopted, namely, through monitoring the effects of the evaluated projects; d) Guarantee public participation and consultation of interested parties in the formation of decisions that concern them, prioritizing dialogue and consensus in the performance of administrative functions.
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Entry into force notes
This Decree-Law enters into force on the day after its publication.
Notes
This Decree-Law repeals Decree-Law No 69/2000, amended by Decree-Law No. 197/2005.Last amended and consolidated by Decree-Law No. 99/2024 of 3 December.
Repealed
No
Serial Imprint
Diário da República, Serie I, 2nd Supplement, No. 211, 31 October 2013.
Source language
English
Legislation Amendment
No
Original title
Decreto-Lei n. 151-B/2013: Estabelece o regime jurídico da avaliação de impacte ambiental (AIA) dos projetos públicos e privados suscetíveis de produzirem efeitos significativos no ambiente, transpondo a Diretiva n.º 2011/92/UE, do Parlamento Europeu e do Conselho, de 13 de dezembro, relativa à avaliação dos efeitos de determinados projetos públicos e privados no ambiente.
Amended by