Water Act No. 58/2005.

Country/Territory: Portugal
Document type: Legislation
Date: 2005
Source: FAO, FAOLEX
Original source: Diário da República—I Série-A, No. 249, 29 December 2005, pp. 7280-7310.

Subject: Environment gen., Sea, Water, Wild species & ecosystems
Keyword: Marine pollution Basic legislation Pollution control Effluent waste water/discharge Hazardous substances Data collection/reporting Freshwater resources management Freshwater pollution Surface water Groundwater Water quality standards Water conservation zone Registration Polluter pays principle Precautionary principle Basin/catchment/watershed Sustainable development Sustainable use Wetlands Inland waters Ecosystem preservation
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 day after its publication.

Abstract: This Law is composed of 107 articles divided into ten Chapters. It approves the Water Act and implements European Community Directive No. 2000/60/EC establishing the basic legal framework for water sustainable management. In particular, the Law applies to the management of surface water, inland waters, groundwater, transition and coastal waters. The aim is to: protect and improve ecosystems and related wetlands as for water concerns; promote a sustainable water use based on long-term protection of available water resources; improve water quality by reducing discharges and emissions’ negative effects; reduce groundwater pollution; mitigate floods and droughts’ effects; grant a sufficient water supply, as well as its quality and equitable use; protect marine water; assure the compliance with relevant international treaties and agreements. The Law provides a detailed institutional framework of the competent authorities and divides Portugal into ten hydrographical Regions (four of which are defined international hydrographical regions as they are shared with Spain). Moreover, it introduces four Hydrographical Region Administrations (ARH) and, for each of them, an advisory Regional Hydrograph Council (CRH). A National Water Council is also established as advisory body to the Government. Moreover, the Law provides a classification of different water resources and, for each one, rules on management plans. Finally, the Law regulates the following aspects: water monitoring objectives, water resources use, hydraulic infrastructure, economic and financial system, information and public participation, control and sanctions.
Full text: Portuguese

References - Legislation

Implements

Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.

Legislation | European Union | 2000 (2014)

Keyword: Marine pollution, Potable water, Toxicity/poisoning, Food quality control/food safety, Basic legislation, Pollution control, Effluent waste water/discharge, Hazardous substances, Data collection/reporting, Freshwater resources management, Freshwater pollution, Surface water, Groundwater, Water quality standards, Water conservation zone, Registration, River basin institution, Institution, Basin/catchment/watershed, Right to water, Transboundary effects, International relations/cooperation, Sustainable development, Sustainable use, Pesticides, Human rights, Inland waters

Source: FAO, FAOLEX

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

Decree-Law No. 380/99 establishing the territorial management regime.

Legislation | Portugal | 1999

Keyword: Land-use planning, Environmental planning, Legal proceedings/administrative proceedings, Policy/planning

Source: FAO, FAOLEX

Repeals

Decree-Law No. 46/94 establishing a licence regime for water use managed by the Institute of Waters.

Legislation | Portugal | 1994

Keyword: Irrigation, Authorization/permit, Freshwater pollution, Water supply, Concession, Water abstraction, Effluent waste water/discharge, Waterworks, Recreational water use, Navigation, Pollution control

Source: FAO, FAOLEX

Decree-Law No. 47/94 establishing an economic and financial regime for public water use, managed by the Institute of Waters.

Legislation | Portugal | 1994

Keyword: Basic legislation, Irrigation, Institution, Water supply, Water charges

Source: FAO, FAOLEX

Decree-Law No. 45/94 on planning procedures for water resources.

Legislation | Portugal | 1994

Keyword: Institution, Policy/planning, Freshwater resources management, Protected area, Water rights

Source: FAO, FAOLEX

Implemented by

Decree-Law No. 76/2016 approving the National Water Plan (NAP).

Legislation | Portugal | 2016

Keyword: Freshwater resources management, Environmental planning, Marine area, Marine pollution, Monitoring, Climate change, Coastal zone management, Pollution control, Ecosystem preservation, Basic legislation, Institution, Policy/planning, Water users' associations, Water supply, Water rights, Wetlands, Equity, Water quality standards, Freshwater quality/freshwater pollution, Hazardous waste

Source: FAO, FAOLEX

Decree-Law No. 103/2010 establishing environmental quality standards in water policy.

Legislation | Portugal | 2010

Keyword: Air quality/air pollution, Environmental standards, Pollution control, Standards, Protection of environment, Freshwater pollution

Source: FAO, FAOLEX