PORTUGAL Law and Practice Contributed by: Andreia Candeias Mousinho, Diogo Duarte Campos, João Marques Mendes and Raquel Freitas, PLMJ
Liability and 6.1 Liability for Environmental Damage or Breaches of Environmental Law . In contrast, violations of legal provisions when obtain- ing licences and permits can render them null and void. Finally, in the event of serious non-compliance with the provisions of the licence, such licence may be revoked by the licensing authority. 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers Some of the entities listed in 2.1 Regulatory Authori- ties have the power to control, inspect and monitor compliance with environmental legislation. In exercis- ing these powers, they may request the collabora- tion of the police authorities. Whenever a situation of serious danger to the environment or human health is detected, they may adopt – as a preventative meas- ure and with immediate effect – the precautionary measures that are justified, in each case, to prevent or eliminate the hazardous situation. In the worst-case scenario, such measures may entail the closure of the installation. IGAMAOT has the right of free access to the opera- tors’ facilities, to request examinations (including expert examinations), document collection and con- sultation. Throughout these actions, despite the inves- tigated operator’s right to a prior hearing, it must be co-operative and diligent. 4.2 Environmental Permits/Approvals In general terms, an environmental permit is required whenever an activity may significantly affect environ- mental assets (eg, the soil, water, sea or air, or bio- diversity). The granting of some permits is preceded by a pub- lic consultation phase, where the public may suggest conditions to be imposed and express environmental concerns. Any permit granted by skipping this phase will be invalid.
The environmental licences necessary for a given pro- ject are obtained within a single licensing procedure, at the end of which the “Single Environmental Permit” is issued, an electronic title that gathers all the envi- ronmental licences identified below. The main environmental licences/authorisations are: • the Environmental Impact Statement – DIA ( Declaração de Impacte Ambiental ), DECAPE ( Decisão de Conformidade Ambiental do Projeto de Execução ) and DINCA ( Declaração de Incidências Ambientais ); • the Environmental Licence; • the Title for Use of Water Resources; • the Air-Pollutant Emissions Title; • approval decisions under the Seveso legislation; • the GHG Permit; • the Waste Management Operator Licence; • the Landfill Operating Licence; • the Installation and Operation of Integrated Centres for Recovery, Valorisation and Disposal of Hazard- ous Waste Licence; and • the Water Reuse Licence. 4.3 Regulators’ Approach to Policy and Enforcement The regulators’ traditional approach is mainly based on the logic of command and control. A more pedagogical approach by some regulators is noteworthy, as they provide information on their web- sites that is useful for understanding the law. Moreover, the law provides for the possibility of con- tracts being signed between public entities and pri- vate operators in certain situations, either to enable them to gradually bring their behaviour in line with the law or to involve them in the management of environ- mental assets. 4.4 Transferring Permits/Approvals Environmental permits may be transferred from one operator to another, whether they are natural or legal persons, as long as they are identified. However, spe- cific conditions may have to be complied with.
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