Decree-Law 87/2023 of October 10 amends the Regime on the Use of Water Resources and the Legal Regime on Environmental Impact Assessment (“LREIA”)
![Changes to the Regimes on the Use of Water Resources and Environmental Impact Assessment](https://www.cuatrecasas.com/images/cache/publication_detail/resources/foto-652598de05837759146382.jpg)
Key aspects
- Eliminates the preemption right of the previous holder of the water resources license or concession.
- Adds the requirement that unforeseen additional investments which may justify the extension of the concession period “be necessary for the performance of the contract.”
- Extends the obligation to notify all potentially affected states about projects with a crossborder impact, not just European Union (“EU”) Member States.
- Tightens requirements for the waiver of environmental impact assessments (“EIA”) by ministerial order.
- Clarifies certain aspects of the schedules to the LREIA.