The setting up, alteration and working of Industrial Facilities (IF) needs to be licensed in compliance with to Decree-Law nr. 169/2012 of August 1th, amended by Decree-Law nr. 73/2015 of May 11th, which establishes the Industrial Activities Practice Regulations (SIR).

Licensing applications must include the documents established by Implementing Order nr. 279/2015, of September, 14th, and submitted at the Entrepreneur’s Desk (eportugal.gov.pt).

The complexity of the necessary procedures for the development of the industrial activity, are proportional to the level of risk involved.

Thus, Type 1 Industrial Facilities are those involving a higher risk, and fall under, at least one of the following regulations:

• Environmental Impact Evaluation (RJAIA);
• Integrated Pollution Control and Prevention (RJPCIP);
• Hazardous waste management operations (RPAG).

For these type of facilities, prior authorization procedure is applicable, ending in the granting of a exploitation/production permit.

Type 2 Industrial Facilities include all non-type 1, which have, at least, one of the following characteristics or regulations:

• European greenhouse gas emission allowance trading scheme;
• Need to obtain a permit to carry out a waste management operation that does not require prior inspection;

For these type of facilities, a procedure without prior authorization procedure is applicable, ending in the granting of a exploitation/production permit.

The Registration Regimen is applicable to Type 3 Industrial Facilities.

This specific legislation applies to all Industrial Facilities associated operations with quarries and amines, such as mineral screening, rock crushing, washing and ornamental stone cutting facilities. These facilities theresfore, require a separate licencsing processes, independent of the mining or quarry license.

The licensing coordinating authority may be the municipality or the DGEG, according to the type of IF and its Economical Activity Code (CAE).

Location Approval

Whenever the Industrial Facilities imply urban planning review, under a construction licensing, the location approval is issued by the municipality, according to the previous information request process, or the previous control procedure for construction works.

At the option of the applicant, the location authorization can be requested from the central administration entities, namely from the Regional Coordination and Development Commission (CCDR). In this case, CCDR intervention is triggered by the coordinating entity.

The Industrial Facilities included in the environmental impact evaluation legal frameworks do not need to request location approval.

Whenever the installation or alteration of the industrial facilities falls within the licensed area of the quarry or concession of the mine for the exploration of geological resources and the same is related to such exploration, approval of the location is not necessary.

Legal Regime of Urbanization and Edification

The urban operations to be carried out for the installation of industrial establishments are governed by the Legal Regime for Urbanization and Edification (RJUE).

Type 1 or type 2 Industrial Facilities whose installation or alteration involves carrying out urban planning or building operations subject to prior control under the terms of the RJUE, the digital title of installation or installation and operation, as applicable, may not be issued without approval of the architectural design or favorable prior information, required under the terms of the RJUE.