Legislative Assembly proposes amendment to water resources law for shared sea management
The Madeira Legislative Assembly has sent a proposal to the Portuguese Parliament to amend the law on water resource ownership, recognizing the role of the Autonomous Regions in managing the public maritime domain.
The Legislative Assembly of the Autonomous Region of Madeira has approved and sent to the Portuguese Parliament a draft law to amend Law No. 54/2005 of November 15, which establishes the ownership of water resources.
The initiative, formalized through Resolution of the Legislative Assembly of the Autonomous Region of Madeira No. 24/2026/M, of July 27, is designated as the "fifth amendment" to the said law. The central objective is to correct what is considered a "mismatch" between the constitutional norm and the current law, expressly recognizing that the archipelagic reality of Madeira and the Azores requires the participation of the respective Autonomous Regions in defining public policies and in exercising the powers of administration, management, and jurisdiction over the adjacent public maritime domain.
The proposal argues that more than 80% of the national Exclusive Economic Zone results from the existence of the Autonomous Regions, giving Portugal a relevant geostrategic position in the Atlantic. The current wording of the law, which states that the public maritime domain belongs exclusively to the State, is seen as disregarding the constitutional framework and the principle of autonomy.
The proposed amendments modify Articles 4, 13, and 14 of Law No. 54/2005. The proposed wording for Article 4 establishes that "the public maritime domain belongs to the State, without prejudice to the powers of the Autonomous Regions, concerning the definition of public policies, management, administration, supervision, exploitation and use of assets," safeguarding the State's sovereignty in matters of security and defense.
This amendment aims to create the legal conditions for the Autonomous Regions to develop their own legislative mechanisms for managing the territorial sea integrated into their territories, in accordance with regional specificities and requirements for environmental protection and sustainable economic valorization.
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