The Second Standing Committee of the Legislative Council discussed the Urban Building Legal System Bill for the first time, the Chairman of the Committee, Mr Chan Chak Wu, and the secretary of the Committee, Ms Wong Kee-ching, said that the definition of the Bill was discussed for a long time at the meeting, and many Members considered that the definition of the Bill was not perfect because the old law included the definition of building height, vertical occupation and street alignment, and so on.

      After the closed-door meeting, which lasted more than two and a half hours, Mr Chan and Ms WONG summed up to the media that seven clauses had been discussed at the meeting, and it was expected that three to four internal meetings would be held to scrutinise the clauses, with a view to completing the internal deliberations before the Lunar New Year.

      The Committee discussed the merits and demerits of this approach. There were views that it would be clearer in the legal indication; there were views that the approach of the administrative regulations would be more flexible; and there were views that the law should at least refer to the class and height of buildings. The government will be asked to give details.

      Fire safety approval

      On the issue of works permits, the Bill proposes that the Fire Services Department approve professional plans on fire safety systems and issue binding opinions on professional plans containing fire safety conditions. Mr Chan said that previously the authority to issue works permits was the Works Bureau, and since the fire safety legal system had newly added the supervision authority of the fire Services Bureau, the fire safety system had to be issued by the fire Services Bureau before the Works Bureau could issue occupation permits.

      In respect of works in the sea area, the Bill proposes that, in addition to the provisions of this Law and the relevant supplementary regulations, the works concerned shall be permitted to comply with other applicable laws, in particular those relating to the use of the sea area. Chen Zewu said that the outline law of the sea area mentioned that there will be supplementary regulations on sea area projects in the future, but the regulations have not yet been introduced. The Government should give an account of the extent of the sea area and whether the Works Bureau or the Maritime Safety Bureau should issue the works permit.

      More time was also spent on exempting civil works carried out by public administration departments, including those enjoying administrative and financial autonomy, from obtaining permits and giving advance notice.

      The four types of exempted works include the laying of underground pipelines for the provision of public services such as water, electricity, fuel or telecommunications to a depth of not more than two metres, and emergency maintenance works; Independent units of residential buildings do not involve internal maintenance of the structure; For independent units of non-residential buildings with an area not exceeding 120 square meters to carry out maintenance works that do not involve the structure, changes to the fire safety system, and common part maintenance works, subject to the prior notice system. The Government will be asked to explain the justifications for granting exemptions and complying with the advance notice system.

      Prior notice is required

In addition to public service companies such as water supply, electricity, fuel or telecommunications, the demolition of the remaining three types of projects and illegal works shall comply with the advance notification system in accordance with the supplementary administrative regulations; And shall not apply to works carried out within an assessed or to be assessed immovable property and its buffer or temporary buffer, except for alteration, maintenance and repair works within non-assessed buildings located in that area. For the demolition of illegal works inside an assessed or to be assessed building, the relevant demolition plan must be submitted.

----- From Macau Daily News January 30, 2021