Environment—Portugal—Q&A guide

The following Environment practice note provides comprehensive and up to date legal information covering:

Environment—Portugal—Q&A guide
1. What are the main statutes and regulations relating to the environment?
2. Is there a system of integrated control of pollution?
3. What are the main characteristics of the rules applicable to soil pollution?
4. What types of waste are regulated and how?
5. What are the main features of the rules governing air emissions?
6. How are fresh water and seawater, and their associated land, protected?
7. What are the main features of the rules protecting natural spaces and landscapes?
8. What are the main features of the rules protecting flora and fauna species?
9. What are the main features of the rules governing noise, odours and vibrations?

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10. Is there a general regime on liability for environmental damage?
11. Is there any type of environmental tax?
12. Are there specific rules governing hazardous activities?
13. What are the main features of the rules governing hazardous products and substances?
14. What are the regulatory requirements regarding the prevention of industrial accidents?
15. What are the main environmental aspects to consider in M&A transactions?
16. What are the main environmental aspects to consider in other transactions?
17. Is environmental protection taken into consideration by public procurement regulations?
18. Which types of activities are subject to environmental assessment?
19. What are the main steps of the environmental assessment process?
20. Which authorities are responsible for the environment and what is the scope of each regulator’s authority?
21. What are the typical steps in an investigation?
22. What is the procedure for making administrative decisions?
23. What are the sanctions and remedies that may be imposed by the regulator for violations?
24. To what extent may decisions of the regulators be appealed, and to whom?
25. Are environmental law proceedings in court civil, criminal or both?
26. What are the powers of courts in relation to infringements of environmental law?
27. Are civil claims allowed regarding infringements of environmental law?
28. What defences or indemnities are available?
29. Are there specific defences in the case of directors’ or officers’ liability?
30. What is the appeal process from trials?
31. Is your country a contracting state to any international environmental treaties, or similar agreements?
32. To what extent is regulatory policy affected by these treaties?
33. Are there any emerging trends or hot topics in environment law in your jurisdiction?
34. What emergency legislation, relief programmes and other initiatives specific to your practice area has your state implemented to address the pandemic? Have any existing government programmes, laws or regulations been amended to address these concerns? What best practices are advisable for clients?
35. Give the date on which the above content is accurate.

This Practice Note contains a jurisdiction-specific Q&A guide to environment in Portugal published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2020).

Authors: Uría Menéndez—João Louro e Costa; Gonçalo Andrade e Sousa

1. What are the main statutes and regulations relating to the environment?

The main piece of legislation relating to the environment is article 66 of the Portuguese Constitution, which sets out the right to a healthy and ecologically sustainable environment, as well as the duty to preserve it.

The Portuguese state has enacted several statutes concerning general environmental matters, notably the following:

•
the Environmental Policy Basis Law: Law No. 19/2014 of 14 April;
•
the Water Law: Law No. 58/2005 of 29 December (as amended by Decree-Law No. 245/2009 of 22 September, Decree-Law No. 60/2012 of 14 March, Decree-Law No. 130/2012 of 22 June, Law No. 42/2016 of 28 December, and Law No. 44/2017 of 19 June);
•
the Law of Integrated Prevention and Control of Pollution and Emissions: Decree-Law No. 127/2013 of August 30;
•
the Environmental Liability Law: Decree-Law No. 147/2008 of 29 July (as amended by Decree-Law No. 245/2009 of 22 September, Decree-Law No. 29 A/2011 of 1 March, Decree-Law No. 60/2012 of 14 March, and Decree-Law No. 13/2016 of 9 March);
•
the Legal Framework of Environmental Administrative Offences: Law No. 50/2006 of 29 August (as amended by

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