Decreto-Lei n.º 133/2017
- Tipo de Diploma:Decreto-Lei
- Páginas:5730 - 5732
Summary in plain english (Without legal value)
What is it?
This decree-law defines rules so that:
- some lands of Margueira will no longer be part of the public water domain of the State
- some lands of Margueira, which remain in the public water domain of the State, will be made available for private use.
The public water domain of the State is formed by the sea, rivers, streams, lakes and lands located within a 50 meter range of the banks of these waters. These are areas considered to be of public interest and have special rules to protect them. Therefore, they can only be removed from the public domain in special cases. Being removed from the public domain does not mean something will be owned privately; it continues to be owned by the state but can be used for private purposes.
The lands of Margueira are the lands where the old boat yards of Lisnave in Almada are located. They are currently abandoned and in bad condition. They were part of the public water domain because they were mostly built on an embankment on the Tagus River.
To grant for private use is to allow a private individual to profit from a public asset for a certain period of time.
What will change?
Part of the lands of Margueira will no longer be in the public domain
1. An area of 402,519 square meters of the lands of Margueira will no longer be part of the public water domain of the State.
These lands will become part of the private domain of the State, so that they can be used to generate money within the scope of the objectives defined in the Urbanization Plan of Almada Nascente (PUAN), defined in 2009.
2. The lands are located in the Union of Parishes of Almada, Cova da Piedade, Pragal and Cacilhas, in the municipality of Almada, and are identified in the map that accompanies this decree-law.
These lands do not have:
- relevant environmental value
- use or interest for the Administration of the Port of Lisbon.
3. Although they are no longer part of the public domain, they remain subject to the rules laid down for water resources (such as the sea, rivers, streams and lakes) and to inspection by sea and ports authorities.
4. If the objectives set out in the PUAN are not met — if no investment is made in these areas — the land will again be part of the public domain of the State.
Some land will be granted for private use
The land corresponding to Dock 13 and the marina (identified in the map that accompanies this decree-law) will be granted to Baía do Tejo for private use. This is because they will continue, in accordance with the PUAN, to use the area as docks for a period that will depend on the investments made.
The Baía do Tejo will promote the profitability of these lands, as defined in the PUAN.
Baía do Tejo is a company that installs and manages business parks and is also responsible for promoting the Arco Ribeirinho Sul Project (which includes the PUAN) in collaboration with the municipalities of Almada, Barreiro and Seixal.
Transtejo will keep possession of the same area
Transtejo may continue to use the 16,000 square meters it currently uses, until the PUAN is put into practice.
What are its benefits?
This decree-law is intended to create conditions to implement part of the Arco Ribeirinho Sul Project and revive the lands of Margueira.
When does it come into effect?
This decree-law will come into effect the day after being published.