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Portugal Marine Spatial Planning and Management of National Maritime Space (Law No. 38/2015)

Portugal Marine Spatial Planning and Management of National Maritime Space (Law No. 38/2015): Portugal Marine Spatial Planning: Offshore Use Allocation and Permitting Constraints

Maílis Carrilho
Written by Maílis Carrilho
Updated on June 7th, 2026

Summary

Portugal’s Decree-Law 38/2015 establishes the legal regime for marine spatial planning and management of the national maritime space, aligning with the EU MSP framework. The Maritime Spatial Plan allocates and organises marine uses over time and space, including areas relevant to conservation, security, and key infrastructures. Developers must demonstrate consistency with applicable MSP instruments and constraints when seeking approvals for offshore energy, ports, cables, aquaculture, and other marine activities. Non-compliance typically manifests as permitting failure, project delays, or enforcement orders where activities proceed without proper authorisation or plan alignment.

Details

Jurisdictions
  • Portugal
Mandatory for

Legally binding for:

Public authorities responsible for maritime planning and licensing.

Developers and operators proposing activities in the national maritime space (alignment with plan constraints is a core permissibility condition).

Exemptions

Activities outside the defined maritime scope are not covered.

Project-specific flexibility is limited and typically requires formal planning and/or licensing justification.

Deep dive

2 min read
Published Jun 7, 2026

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What’s Required

Portugal regulates the planning and management of the national maritime space through a dedicated marine spatial planning (MSP) framework, aligned with the EU MSP Directive.

Key requirements include:

  • Establishment of a marine spatial planning and management system applying to Portugal’s maritime space (including territorial waters and wider jurisdictional areas).

  • Development and maintenance of the Maritime Spatial Plan as an instrument defining the spatial and temporal distribution of existing and potential uses (energy, fishing, conservation, security, cables/pipelines, etc.).

  • Coordination of licensing decisions with MSP allocations, constraints, and protected areas considerations (including biodiversity and underwater cultural heritage references in MSP materials).

Important Deadlines

  • Before authorisation/licensing: projects in marine areas must align with applicable MSP instruments and constraints (project-driven timing).

  • MSP plan updates follow administrative cycles and national/EU governance requirements.

Current Status

In force since 2015 and positioned as Portugal’s enabling MSP legislation, including EU alignment.

Penalties for Non-Compliance

  • Permit refusal, suspension, or annulment where MSP alignment is not demonstrated.

  • Orders to cease unauthorised activity and restore affected areas, depending on the enforcement route applied.

Examples of Known Violations

  • Proposing or carrying out marine works without the appropriate authorisation aligned with MSP constraints (leading to refusal or enforcement action).

  • Inadequate integration of conservation or compatible-use constraints during project design triggers legal challenges and delays.

Resources


Maílis Carrilho
Added by:
Maílis Carrilho
Sustainability Research Analyst
Maílis Carrilho is a Sustainability Research Analyst (Intern) at Net Zero Compare, contributing research and analysis on climate tech, carbon policies, and sustainable solutions. She supports the team in developing fact-based content and insights to help companies and readers navigate the evolving sustainability landscape.
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Added on Jun 7, 2026 by Maílis Carrilho ·