The Legislative Assembly (AL) yesterday unanimously passed the outline of a government-initiated bill regulating the use of the Macau Special Administrative Region’s (MSAR) coastal waters, proposing the formal establishment of a system on granting private entities a concession or permit to use designated maritime areas for a certain period of time.
The bill proposes that a concession will be granted to private entities, through public tender, to use a maritime area for a long period of time, for up to 15 years, involving major investment projects, while a “temporary” permit will be granted to private entities to use a maritime area for a short period of time. The bill proposes that they will be required to pay to use maritime areas.
After yesterday’s passage of its outline, the bill will be passed to one of the legislature’s standing committees for an article-by-article review, after which it will be resubmitted to another plenary session for its second and final debate and article-by-article vote.
Secretary for Transport and Public Works Raymond Tam Vai Man introduced the outline of the bill during a plenary session of the legislature’s hemicycle yesterday.
On December 20, 2015, i.e., the 16th anniversary of the establishment of the MSAR, the Central People’s Government granted Macau formal jurisdiction over its coastal waters covering 85 square kilometres. Previously, unlike Hong Kong, Macau did not have formal jurisdiction over its coastal waters. Macau’s current land area amounts to 33.4 square kilometres.
Afterwards, in July 2018, Macau enacted its current framework law on the management of its coastal waters, officially known as Maritime Areas Management Framework Law.
During yesterday’s plenary session, Tam noted that the current framework law lists the objectives of the local government’s management of the MSAR’s coastal waters as well as the principles with which the local government must comply when managing the maritime areas.
The 2018 framework law stipulates that Macau’s coastal waters are owned by the nation and that the Central People’s Government authorises the MSAR government to exercise its administrative power to manage the coastal waters.
Tam also noted that the framework law requires the local government to draft laws and regulations on the management of Macau’s coastal waters. The framework law also enables the MSAR government to allow certain entities to use designated maritime areas by granting a concession or permit or through other official means, which is to be regulated by a specific piece of legislation, i.e., the bill with its outline passed yesterday, the policy secretary pointed out.
Consequently, Tam said, the local government has drafted the bill, officially known as Law on the Use of Maritime Areas, establishing a legal system formally governing the use of the MSAR’s coastal waters and listing various rules with which the respective entities must comply when using the maritime areas.
Tam said that the bill aims to optimise the management and use of Macau’s maritime resources and promote the sustainable development of the marine economy, while ensuring the protection of the marine environment.
According to the bill, a concession will be granted to private entities to use a maritime area for launching a long-term project, such as those involving public interest, those involving the provision of public services necessary for members of the general public, and those determined by the chief executive as being set to make major contributions to Macau’s socioeconomic development.
Tam said the bill proposes that a concession to use a maritime area will last between 2 and 15 years and that such a concession will be granted through public tender except in special circumstances.
According to the bill, a concession can be renewed for up to five years each time.
The government, according to the bill, will only grant a “temporary” permit to private entities which apply to use a maritime area to launch a “short-term” project, in which case they will be only allowed to set up the respective facilities “on a temporary basis”.
The bill proposes that a temporary permit will last up to two years and that it can be renewed for also up to two years each time.
Tam also pointed out that activities such as sailing races are classified as maritime activities in general where the respective organisers or entities are only required to file an application under the current regulations governing maritime activities, because of which such activities will not be regulated by the future Law on the Use of Maritime Areas.
Tam also underlined that the protection of the marine environment will be the top priority when the government assesses any projects to use Macau’s maritime areas in the future. Any projects to use the maritime areas must not violate this principle, he said.
Tam also underlined that all projects to use the maritime areas must undergo the government’s environmental impact assessments.
Flanked by officials including Marine and Water Bureau (DSAMA) Director Susana Wong Soi Man (left), Secretary for Transport and Public Works Raymond Tam Vai Man (centre) addresses yesterday’s plenary session in the Legislative Assembly’s (AL) hemicycle. – Photo: GCS
