News

New Land Law

On 2-9-13 was gazzeted the Law n.º 10/2013 establishing the new rules regarding management of the territory´s Lands.

The Law revokes the previous Land Law, Law n.º 6/80/M of 5th of July 1980, and enters into force on the 1st of March 2014.

The main objective of the Law is the increase of efficiency of the distribution and exploitation of the land.

The Law also intends to promote the sustainable development of Macau, improving the population life quality, being specially intended to regulate matters related with the management of the land, in particular, the improvement of the land concession rules, inter alia, through the establishment of the obligation of public tender for the concession, revision of the criteria’s for de determination of the premium to be paid for the concession, the limitation of the possibility of transmission of the land concession and with increase of supervision and penalties.

The law is based on nine base Principles: 1) sustainability, 2) useful and effective use of the lands, 3) supervision and control of the proceeding and the use of the lands, 4) public information, 5) equal access to land, 6) environmental safeguard, 7) submission to the urban plans, 8) publicity of the land legal situation, and 9) legal certainty.

http://bo.io.gov.mo/bo/i/2013/36/lei10.asp#10    (Portuguese Version)
http://bo.io.gov.mo/bo/i/2013/36/lei10_cn.asp#10    (Chinese Version)
http://images.io.gov.mo/bo/i/2013/36/lei-10-2013.pdf    (Bilingual Version)

 

The main innovations of the new law are the following:

  • Extinction of the possibilities of land sale and land tenure concession.
  • Possibility of public land concession for private use in cases where the investments on fixed and irremovable installations are considered to be of public utility, namely, gas stations and road circulation service stations and equipments necessary to the service of supply of telecommunications, electricity, natural gas and water supply.
  • The obligation of respect of the urban plans, being sanctioned with nullity the concessions and building projects that do not respect the urban plans.
  • The obligation of public tender for all types of land concessions, except on the cases expressly dismissed by the Law.
  • The obligation of presentation, with the concession request, of an economic and financial viability study and, when requested by DSSOPT, an evaluation of environmental impact of the construction.
  • The obligation of effective use of the land in accordance with the terms defined in the Law and in the concession agreement, with important, and more severe, penalties for the ineffective use and/or the non use of the same.
  • Institution of new maximum new limits of lands that can be granted to individuals and legal persons in each concession agreement and in total, being the limits of 20.000 and 100.000 sqm, respectively.
  • The Law also institutes new limits for the concession of lands from public domain for privative use, 5.000 sqm for each concession and 10.000 sqm in total, and for occupation through license, 5.000 sqm.
  • Definition of criteria´s to define when it´s considered have occurred a party substitution in the proceedings and when there is a transmission of the rights granted, with special attention to the cases of share transmission.

 

http://bo.io.gov.mo/bo/i/2013/36/lei10.asp#10    (Portuguese Version)
http://bo.io.gov.mo/bo/i/2013/36/lei10_cn.asp#10    (Chinese Version)
http://images.io.gov.mo/bo/i/2013/36/lei-10-2013.pdf    (Bilingual Version)
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