On August 5 2013 the Special Secretariat of Ports published Ordinance 110, which regulates Article 35 of Decree 8.033/2013. In turn, the decree regulates the new Ports Law.
The ordinance sets forth that the minister of state and the head of the secretariat may waive the issuance of new authorisation in cases of:
- an alteration in the type of cargo handled; or
- an expansion of the port facility area located outside the organised port that does not exceed 25% of the original area, provided that a locational feasibility exists.
The ordinance also sets forth that interested parties that meet the requirements of such situations must submit a waiver application to the National Agency for Water Transportation, along with several documents related to the rule.
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