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Decree Law No. 97/2018


Publication: Republic Diary No. 228/2018, Series I of 2018-11-27
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 97/2018
  • Pages: 5412 - 5415

Summary in plain english

What is it?

This decree-law puts into practice the transfer of powers from the central administration to the municipalities, just as provided by law. Particularly, the powers transferred by this decree-law regard the management of the beaches integrated on the State’s public hydric domain.

The National Assembly decided, upon Government decision, to transfer powers from the State to the local autarchies and intermunicipal entities. In order to put this into practice, it is necessary that decree-laws like this one establish in detail how it shall be executed.

The State’s public hydric domain comprises the sea, rivers, creeks, lakes, lagoons, reservoirs, other watercourses and some land located on the riverbanks. These are public utility areas and have special protection rules, such as the ones with condition their use by private entities.

What is going to change?

The city councils are now responsible to:

    • clean the beaches
    • maintain, preserve and manage all the equipment necessary for the beaches’ good safety and health conditions
    • carry out repairment and maintenance works on the structures necessary to ensure the individuals’ safety on the beaches
    • deal, license and authorize infrastructures, equipment and beach supports
    • deal, license and authorize the supply of goods and services to the beaches, as well as the practice of sports and leisure activities
    • create and charge taxes and tariffs related to the exercise of these powers by the municipalities
    • supervise the observance of the law and punish its breach.
What advantages does it bring?

This decree-law aims to allow that some powers concerning the beaches are exercised by the municipalities, on a closer level to the populations and companies, which shall result on a more effective and efficient management.

When does it enter into force?

This decree-law takes effect on 1 January 2019.

The municipalities which want to postpone the transfer of powers to 2020 shall inform the General-Directorate of Local Autarchies up to 60 days after this decree-law enters into force.

Original Version

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.