Decree-Law No. 40/2017 approving the legal regime for the installation and operation of aquaculture establishments in marine waters, including transitional waters, and inland waters, under the legislative authorization granted by Law No. 37/2016 of 15 December.

This Decree-Law, consisting of 48 articles divided into eight Chapters and one Annex, defines the legal regime relating to the installation and operation of aquaculture establishments in marine waters, including transitional waters, and inland waters. Transitional waters are considered to be surface waters in the vicinity of the mouths of rivers, which have a partially salty character as a result of the proximity of coastal waters, but which are significantly influenced by fresh water courses, and, also, the following coastal lagoons of: Ria Formosa, Ria do Alvor, Lagoa de Santo André, Lagoa de Albufeira, Lagoa de Óbidos and Barrinhas de Esmoriz. It applies to aquaculture establishments in marine waters and inland waters, and also to related establishments, located on private property, private domain of the State, public domain of the State and local authorities, including the public water domain. The Decree-Law does not apply to aquaculture stations of the State, aquaculture units or units for holding aquaculture species in captivity for self-consumption, ornamental, educational, technical or scientific exclusive purposes. The Annex lists the wastewater discharge conditions.