Decreto Legislativo Regional n.º 24/83/A, de 06 de Agosto de 1983
Decreto Legislativo Regional n.º 24/83/A Alteração ao Decreto Legislativo Regional n.º 2/83/A, de 2 de Março, sobre protecção a mamíferos marinhos O Decreto Legislativo Regional n.º 2/83/A, de 2 de Março, estabeleceu um regime de protecção de determinados mamíferos marinhos no mar territorial e na zona económica exclusiva da Região Autónoma dos Açores.
Este diploma prescreve que as infracções serão punidas 'com a apreensão e perda a favor da Região e a multa máxima legalmente aplicável no âmbito da competência dos seus órgãos de governo próprio' por cada exemplar das espéciesprotegidas.
Têm surgido algumas dúvidas de interpretação sobre o sentido a atribuir à expressão 'multa máxima'.
Recentemente foi publicado o Decreto-Lei n.º 433/82, de 27 de Outubro, que veio instituir o ilícito de mera ordenação social e o respectivo processo.
Há, pois, que alterar o diploma regional no sentido de evitar as referidas dúvidas e de o adaptar ao Decreto-Lei n.º 433/82.
Por outro lado, é conveniente rever o artigo referente às entidades com competência para a fiscalização.
Assim: A Assembleia Regional dos Açores decreta, nos termos da alínea a) do artigo 229.º da Constituição, o seguinte: Artigo único. Os artigos 5.º e 6.º do Decreto Legislativo Regional n.º 2/83/A, de 2 de Março...
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