Not long ago the Commission Against Corruption (CCAC) received a complaint from the New Macau Association, alleging that the Macao SAR Government’s dissolution of the secretariat of the Urban Planning Council through Administrative Regulation no. 2/2015 constituted administrative illegality. The CCAC therefore carried out investigation according to Law no. 10/2000 (Organic Law of the Commission Against Corruption). After analysis, the CCAC now presents its findings, which can be summarised as follows:
The Urban Planning Council (hereinafter referred to as “the Council”), an advisory body established according to Law no. 12/2013 (Law of Urban Planning), is responsible for issuing opinions in the processes of drafting, implementing, reviewing and amending urban plans. While the law provides that the composition and operation of the Council are stipulated by complementary administrative regulations, it does not provide for or restrict whether or not a secretariat shall be established under the Council.
Apart from the provisions for the composition and operation of the Council, Administrative Regulation no. 3/2014 also stipulates that the Council has a secretariat, which shall provide administrative, technical and logistic support necessary for its operation and the operation of task forces.
In view of the fact that the secretariat was established according to Administrative Regulation no. 3/2014, the dissolution of it by means of amending Administrative Regulation no. 3/2014 through Administrative Regulation no. 2/2015 did not violate the provisions or principles of Law no. 12/2013 (Law of Urban Planning). In addition, the dissolution also complied with the relevant provisions of Law no. 13/2009 (Legal Regime for Stipulating Internal Rules and Regulations). Therefore, it has not been found in violation of the “principle of legality” as defined in the Code of Administrative Procedures either.
There are opinions that Administrative Regulation no. 2/2015 should be considered “drafts of legislation and regulations in the field of urban planning” - in that case, failure to consult with the Council before making any stipulation or announcement according to Article 2 of Administrative Regulation no.3/2014 should be deemed illegal. The CCAC, however, believes that Administrative Regulation no. 2/2015 only covers matters in relation to internal administration and operation of the Council, rather than substantive content of urban planning, such as the drafting of master plans or zoning plans as stipulated in the Law of Urban Planning. For this reason, the CCAC does not think it contravenes the provisions regarding the consultation with the Council.
It is also noteworthy that whenever drafts of legislation and regulations for substantive content of urban planning have to be made or amended, advice of the Council must be sought according to Law no. 12/2013 and Administrative Regulation no. 3/2014.
