Decree-Law 72/2022 -Exceptional measures for renewable energy projects

Decree-Law 72/2022 of 19 October exempts installations with an installed capacity of 1MW or less from urban planning operations prior control upon presentation of the appropriate statement of responsibility.

For installations with power superior than 1MW, a prior urban planning operations control procedure of advance notice with a deadline applies, which enables works to begin without the need for any express licensing decision, as long as no express rejection by the municipality has occurred.

There is also an objective delimitation of the grounds for rejecting advance notice, and municipalities may reject the operation when:

  • This proves to be inconsistent with the applicable legal and regulatory norms or
  • For reasons of negative affectation of the landscape heritage, but, in this case, provided that the respective municipal territory already has an occupation with these facilities equal or superior to 2% and that the project has not been the object of a favourable or conditioned favourable environmental impact statement.

The prior communication with a deadline allows not only a relief of the internal procedures of the municipalities, giving them more agility in their actions, but also a relevant time gain for the promoters of these projects.

This decree-law also establishes a compensation for municipalities, to be paid by the Environmental Fund, in the amount of 13 500 Euros per MVA of connection power allocated, thus contributing to local development.

Finally, to reduce our country's energy dependence, it is determined that the procedures relating to the execution of an agreement between the interested party and the operator of the Public Service Electricity Network for the construction or reinforcement of network infrastructures that already have a favourable or conditioned favourable environmental impact statement have priority progress.

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