White and black storks are birds of community interest whose conservation requires the designation of special protection zones. In the current version of DL 140/99, of 24 April – Rede Natura, it is forbidden to destroy, damage, collect or detain their nests and eggs, even when empty. Except in case of the existence of an ICNF (Institute for Nature Conservation and Forests) license for this purpose, as soon as there is no satisfactory alternative, the maintenance of the populations of the species in question in a favorable state of conservation, in their area of natural distribution, is not jeopardized and when the act or activity aims to achieve a set of purposes listed in the law.
Whoever proceeds without a license, incurs a crime of damage against nature.
Furthermore, in the Lagos PDM (Municipal Master Plan), this area, where the project Dona Maria II Residenses is being executed, is defined as ‘Areas threatened by floods’. In the regulation of the PDM, in article 13 it says: Risks of floods and floods 1 – The flooded areas subject to the risk of flood are identified in the plant of natural and technological risks II. 2 – In floodable areas, building is prohibited, except in cases where previously defined, by means of a hydraulic / hydrological study, the minimum levels of implantation, with a view to protecting people and goods and safeguarding or improving drainage conditions, namely in terms of urbanization plan or details. 3 – The studies referred to in the preceding paragraph are mandatorily developed within the scope of plans and projects aimed at floodable areas. 4 – In floodable areas, any urban operation may be subject to the establishment of adequate self-protection measures with a view to safeguarding personnel and property.
Two questions arise:
- Article 13 refers to the ‘Areas threatened by floods’ of the PDM conditioning plant. Is this one of those areas?
- If yes, have the necessary studies been carried out?
Dona Maria II Residences