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Law No. 54/2005 on the legal regime of water domain.

Country/Territory
Portugal
Document type
Legislation
Date
2005
Source
FAO, FAOLEX
Original source
Diário da República, I Série-A, No. 219, 15 November 2005, pp. 6520 - 6525.
Subject
Land & soil, Water
Keyword
Land tenure Basic legislation Water rights Freshwater resources management Zoning Authorization/permit Classification/declassification Concession Expropriation Inland waters Surface water Basin/catchment/watershed
Geographical area
Europe, Europe and Central Asia, European Union Countries, North Atlantic, North-East Atlantic, Southern Europe
Entry into force notes
This Law enters into force the same day of the Water Act.
Abstract

This Law, composed of 30 articles, regulates the legal regime of water domain. It applies to water, stream beds, waterfront zone, bordering areas, protected areas and maximum infiltration areas. The Law regulates public water domain, providing a classification of the water domain forsea, rivers, lakes and other water resources. For each classified type it regulates the applicable domain. Moreover, it rules on recognition of private property over parts of public stream beds and waterfront zones and, viceversa, recognition of public property over private parts belonging to stream beds and waterfront zones of public waters. Finally, the Law provides guidelines over classification and registration requirements and regulates expropriation and restriction of public use.

Full text
Portuguese

References - Legislation

Amends

Decree-Law 468/71 on the legal regime of the land related to water pertaining to public domain.

Legislation | Portugal | 1971

Keyword: Public land, Access right, Authorization/permit, Erosion, Flood, Land tenure, Land-use planning, Policy/planning, Inland waters, Water rights, Basin/catchment/watershed

Source: FAO, FAOLEX

Implemented by

Regional Legislative Decree No. 5/2014/M on the ownership of the infrastructure deployed in "Praça do Mar".

Legislation | Madeira Islands (Portugal) | 2014

Keyword: Public land, Land tenure, Ownership, Zoning, Harbour, Data collection/reporting, Environmental planning, Policy/planning

Source: FAO, FAOLEX

Regional Legislative Decree No. 30/2017/M establishing the procedure for delimiting the public water domain in the Autonomous Region of Madeira.

Legislation | Madeira Islands (Portugal) | 2017

Keyword: Land tenure, Dispute settlement, Procedural matters, Zoning, Inland waters, Surface water, Water rights

Source: FAO, FAOLEX

Regional Legislative Decree No. 25/2017/M adapting to the Autonomous Region of Madeira Law No. 54/2005 on the ownership of water resources.

Legislation | Madeira Islands (Portugal) | 2017

Keyword: Land tenure, Ownership, Zoning, Water rights, Authorization/permit, Classification/declassification, Concession, Expropriation, Inland waters, Registration, Coastal zone management

Source: FAO, FAOLEX

Amended by

Law No. 78/2013 amending the legal regime of water domain.

Legislation | Portugal | 2013

Keyword: Water rights, Inland waters, Navigation

Source: FAO, FAOLEX

Law No. 34/2014 on the second amendment of Law No. 54/2005 establishing the title ownership of water resources.

Legislation | Portugal | 2014

Keyword: Land tenure, Coastal zone management, Ownership, Freshwater resources management, Water rights, Zoning, Authorization/permit, Classification/declassification, Concession, Expropriation, Inland waters, Surface water, Basin/catchment/watershed

Source: FAO, FAOLEX

Law No. 31/2016 on the third amendment of Law No. 54/2005 establishing the title ownership of water resources.

Legislation | Portugal | 2016

Keyword: Land tenure, Coastal zone management, Ownership, Expropriation, Freshwater resources management, Water rights, Zoning, Authorization/permit, Classification/declassification, Concession, Inland waters, Surface water, Basin/catchment/watershed, Flood

Source: FAO, FAOLEX