On July 1st, 2014 the Law No 34/2014 of June 19th, came into force amending Law 54/2005, of November 15th which established the legal regime applicable to the ownership of water resources (“Ownership of Water Resources Law.”). This law implements article 2 of Law No 78/2013 of November 21st (that firstly amended the Ownership of Water Resources Law), which determined the review of the relevant statutory provisions, until July 1st, 2014, in regard to the requirements and deadlines for the recognition of private ownership over parcels of sea water beds, river banks, or of any other navigable waters. Overall, the Law 34/2014, of June 19th, simplifies the water resources ownership scheme.
The following points provide a summary of the law:
1. The possibility of filing the proceeding for judicial recognition of private ownership over parcels of sea water beds and banks, or of any other navigable waters, at any time (in opposition to the former regime, determined which, if the individual did not file the court proceeding until July 1st, 2014, such right would be acquired by the State, as a result of the presumption of control over sea water beds or banks plots, or any other navigable waters).
2. Flexibility of the proof system applicable to the individuals who aim to provide evidence of ownership rights over parcels of sea water beds or banks, or of any other navigable waters.
3. Obligation of the Portuguese Environment Agency (‘APA’), to map out, until January 1st, 2016, the ownership of the land and water-edge integrated shores, delimit jurisdiction on it and update a permanent list.