Changes to the EIA Regime: Simplifying Administrative Procedures under Decree-Law 11/2023
Decree-Law No. 11/2023 eliminates redundant administrative procedures after a favourable Environmental Impact Decision.
After obtaining a favourable or conditionally favourable Environmental Impact Decision (DIA), Decree-Law No. 11/2023 introduced important changes to administrative procedures: it is no longer necessary to repeat procedures on matters already assessed during the Environmental Impact Assessment (AIA) process.
- Prior notice to the CCDR for projects in National Ecological Reserve areas
- Authorisation to cut or uproot cork oaks, holm oaks and olive trees
- Opinion for non-agricultural use in National Agricultural Reserve areas
- Authorisations and opinions related to nature and biodiversity protection
- Reports and authorisations from competent cultural heritage entities
New deadlines
Deadlines for tacit approval now run from the date the Environmental Impact Study is received. Authorities may request additional information from the applicant only once, and the decision deadline is only suspended if the applicant fails to respond within the general 10-day period. Opinions must be issued within 15 business days, and the AIA decision deadline was extended to 150 days, suspended only if the applicant fails to submit requested information within 7 business days. The decree also created a Single Environmental Report, consolidating the various environmental reporting obligations.