Changes to the Regimes on the Use of Water Resources and Environmental Impact Assessment

2023-10-10T20:14:00
Portugal

Decree-Law 87/2023 of October 10 amends the Regime on the Use of Water Resources and the Legal Regime on Environmental Impact Assessment (“LREIA”)

Changes to the Regimes on the Use of Water Resources and Environmental Impact Assessment
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October 10, 2023

Key aspects

  • Eliminates the preemption right of the previous holder of the water resources license or concession.
  • Adds the requirement that unforeseen additional investments which may justify the extension of the concession period “be necessary for the performance of the contract.”
  • Extends the obligation to notify all potentially affected states about projects with a crossborder impact, not just European Union (“EU”) Member States.
  • Tightens requirements for the waiver of environmental impact assessments (“EIA”) by ministerial order.
  • Clarifies certain aspects of the schedules to the LREIA.

 

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October 10, 2023