The National Agency for Waterway Transportation (ANTAQ) published Resolution 1888 in December 2010, proposing that guidelines be established for the development, structure and presentation form for port areas and facilities lease programmes.

In accordance with the proposal, leases must abide by the port's development and zoning plan, in addition to contemplating a period of at least 15 years for horizontal projections. This period may be sub-divided every five years.

The proposal includes provisions for elaborating a lease programme, including:

  • maximising and optimising utilisation of port infrastructure, with the purpose of rationalising its use and expansion;
  • reducing port costs and the price of services rendered at the port; and
  • revitalising non-operational port areas.

The proposal also includes information on the development of lease programmes. The port authority must provide the following data:

  • exploitation of each area;
  • a description of existing port facilities in relation to the type of exploitation activity intended;
  • brief port and port authority background information; and
  • physical and financial schedules for execution of the lease programme.

The lease programme must be approved by ANTAQ and the Port Authority Council in order to demonstrate that it conforms with the port's development and zoning plan.

The public hearing date will be scheduled soon.

For further information on this topic please contact Godofredo Mendes Vianna at Law Offices Carl Kincaid by telephone (+55 21 2223 4212), fax (+55 21 2253 4259) or email ([email protected]).