Land plot in Baía de Nossa Senhora da Esperança

Courts strike down appeals for concession expirations and evictions for nine land plots

The Court of Second Instance (TSI) and Court of Final Appeal (TUI) have upheld decisions by the Chief Executive to declare the land concessions of seven land plots as expired and evictions orders for two land plots.

The largest land plot involved concerns a 19,245 square metres area in the artificial wetland for egrets off Baía de Nossa Senhora da Esperança near the Taipa Houses-Museum.

The Macau government granted the land concession to Companhia de Investimentos Chee Lee, Limitada in 1990 for building a three-storey villa, a commercial centre, an open-air theatre and entertainment facilities, as well as a garden and a car park.

The concession was declared as expired in 2015 with TSI now upholding the Chief Executive decision.

The TSI also sustained an eviction order for the 134,891 square meters land plot near the Regency Art Hotel in Taipa granted to Chong Va – Entretenimento, Limitada and initially intended to develop a marine theme park named ‘Oceanis Park’.

In December 2018 the land concession was declared expired, as the 25-year period allowed for development defined in the current Land Law reached its end.

On April 4 of this year the Secretary for Transport and Public Works issued an eviction order to be completed within 60 days from the date of the notification to the concessionaire.

The TSI also sustained decisions invalidating land concessions for two 4,563 and 9,650 square meters land plots in Nam Vam awarded to Sociedade de Investimento Imobiliário Fong Keng Van, S.A and to Sociedade de Investimento Imobiliário Pun Keng Van, S.A. respectively.

The areas were part of the ‘Fecho da Baía da Praia Grande’ project and were transfereed by Sociedade de Empreendimentos Nam Van, S.A./Nam Van Development Company Ltd.

Meanwhile, the TUI refused an appeal by Fomento Predial Golden Bowl, Limitada against the invalidation of its land concession for a 6.480 square meters land plot in NAPE in the Macau Peninsula, granted in 1992 to build a three-storey annex plus two 13-storey towers for commercial, residential and car parking use.

The other land concession reversion appeals rejected concern a concession granted to Metalminer (Pacific) – Indústria de Materiais de Precisão S.A. for a 6.406 square meters area in Pac On, and a 2.637 squere meters land plot to Chap Mei – Artigos de Porcelana e de Aço Inoxidável e Outros Metais (Macau), Limitada, also in the same area.

As of March 25, 2020 the local government had declared as expired land concessions involving a total area of 691,100 square meters, but with only 39 land plots having been successfully and legally reclaimed, representing a total area of 293,700 square meters, the 2020 policy address document indicates.