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FOUNDER & PUBLISHER Kowie Geldenhuys
EDITOR-IN-CHIEF Paulo Coutinho
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HeadlinesMacau
Home›Headlines›Land Law | Lawmaker Coutinho adamant no amendments necessary

Land Law | Lawmaker Coutinho adamant no amendments necessary

By Daniel Beitler, MDT
Thursday, July 14, 2016
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Lawmaker Pereira Coutinho held a press conference yesterday at the headquarters of the Macau Civil Servants Association to reiterate his stance that the Land Law currently under discussion should not be amended. He added that his draft law for the continued  protection of Coloane’s green areas must be approved in order to safeguard the future quality of life of residents.
Coutinho believes that the Land Law, which was approved in 2013 and introduced a year later, has not been in force long enough to fully determine its effectiveness. He has made clear his intention to vote down the proposed amendments to the law, which he says stem from a conflict of interest of certain lawmakers.
“The law was only published in the Official Gazette about two years ago. The ink is not yet dry,” he told the Times in an interview. “We must remember that this law was created by the government – not by the legislators – which means that the government is the ‘father’ of the law and it is not correct for some legislators to interpret or to explain its meaning.”
The lawmaker and head of the Macau Civil Servants Association questioned the urgency to present the draft amendments to the Land Law before the proponents of the change – the government – had explained the necessity of the amendments. He said that the government has not yet had the chance to voice their reasoning.
Alluding to a conflict of interest of certain lawmakers in the Legislative Assembly, Coutinho suspects that some legislators may not be acting in the interest of the general population, but for their clients or business partners.
“We have received many complaints from lawyers and lawmakers and the owners of the rights to certain land plots, who say that they are suffering losses because of the way that the government is conducting the process of reclaiming the land,” he said. “This surprises us however, as it is these same lawmakers who unanimously approved the law [a few years ago] and they are now complaining.”
Supporters of the amendments to the Land Law argue that the reason for the non-development of certain sites is to do with a lack of timely response and approval from the government, which has proven slow in coming to a final decision regarding issues of urban planning and cultural heritage.
However, Coutinho disputes whether this is the actual reason behind lawmakers’ change of heart, causing them to now oppose the law.
“It is very clear that they have clients that feel that this law is not helping them. So we come to one issue: that Macau does not have a law that [forces lawmakers] to declare the interests of every government official and every lawmaker,” he claimed. “We only have laws to declare the wealth of officials, but we don’t have one to declare interests. That’s why these sorts of situations occur.”
A statement issued by the Office for the Lawmakers Pereira Coutinho and Leong Veng Chai said that they are of the opinion that it is up to the courts to determine the possible liability of the government and its responsibility in the matter, and to assess whether any companies should be compensated for their losses. They should also determine whether the missed deadlines were the result of external and uncontrollable factors, and whether such claims are valid.
“We think that this law should not be touched,” Coutinho insisted. “We will vote against any kind of change coming from anywhere. We don’t think changes are necessary.”
Separately, Coutinho is presenting his own amendment to a 1981 law from a pre-handover administration, which designated almost 200,000 square meters in Coloane to be used by the forest and agriculture services. His change, which has already failed approval processes twice, would see the inclusion of a provision explicitly prohibiting the use of such land “for any other use or occupation other than for environmental and ecological purposes.”
“I am submitting, for the third time, a decree law from the 1980s […] that protects 198,000 square meters that should not be used [for construction development], but protected as an environmental area,” said Coutinho.
Yesterday at the press conference, he stressed the necessity of the amendment in protecting the green spaces of Coloane, which are often termed the “green lung” of Macau due to a lack of air pollution. The amendment would also provide protection to several species of birds that still exist in the territory.
“The current draft law is very important in protecting the land, that’s why we are submitting it for the third time. And we can see [by its previous failures] that the other legislators are not interested in protecting this land. That’s why in 2013 it did not receive enough support to be approved,” Coutinho told the Times.
The change is necessary, he explained, to prevent businesses and colluding officials from circumventing the stipulations of the 35-year-old law, and for maintaining the quality of life.
The statement issued from the joint offices of the two lawmakers added that the third submission of the draft law is timely as residents are becoming increasingly concerned with environmental and ecological issues. In particular, young people are beginning to associate the future of Macau’s development and the quality of their physical environment with their own health and quality of life.
“We urge all residents, for the sake of their children and grandchildren, to support the draft law,” the statement concluded.

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