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Decree No. 83/92/M
31st
December
The preservation of Macau’s monumental, architectonic, urban and cultural heritage is based on the defence of its historic and cultural values, which is, still today, a unique witness, amongst the regions of Southeast Asia and the World.
The destruction of that heritage, which is based essentially in the coexistence of cultures that find common ground in the Territory, would lead to an irreversible damage of the city’s memory.
Without seizure to the revision of the law that assures nowadays the defence and protection of the referred heritage, namely, the Decree no. 56/84/M, of 30th of June, it is justifiable that other measures are accounted for in this sense.
Therefore, it is created the category of buildings of architectonic interest, which is enforced, with the necessary adaptations, by the basic regulations of restrictions to the use, usage and availability of the cultural, monumental and historic heritage, mentioned in the Decree no. 56/84/M, of 30th of June.
This legal opportunity is also a good occasion to proceed with some readjustments of the classified lists of monuments, ensembles and sites, and it is approved the corresponding list for the category of building of architectonic interest, which is created by the present diploma.
In these terms;
Having been heard the Culture Council;
Having been heard the Consultative Council;
The Governor decrees, in the terms of the no. 1 of Article 13 of the Organisational Statute of Macau, to be carried out as law in the Territory of Macau, the following:
Article 1.
Building of architectonic interest
It is created the category of building of architectonic interest.
It is understood as building of architectonic interest the building that, through its original architectonic quality is representative of an important period of the evolution of the Territory.
Article 2.
Lists, graphic definition and protection zones
The lists of monuments, ensembles and classified sites, which are mentioned in the annexes of the Decree no. 56/84/M, of 30th of June, and the Edict no. 90/89/M, of 31st of May, with the graphic definition approved by the Joint dispatch no. 7/86, of 26th of August, published in the Official Newsletter of the 30th of the same month, are to be included in the annexes I, III and IV of the present diploma.
The classified buildings of architectonic interest, under the terms of the present diploma, are the ones mentioned in annex II of the present diploma.
The graphic definition and respective protection zones of the monuments, buildings of architectonic interest, ensembles and classified sites are included in annex V of the present diploma.
Article 3
Alteration to the lists
The alterations to the lists, to which reefers the previous article, are effectuated by edict of the Governor, having been heard the Cultural Institute of Macau and the Culture Council.
Article 4
Demolition and destruction
It is not permitted the demolition of classified buildings of architectonic interest.
If, in any circumstances, the destruction of a classified building of architectonic interest occurs, the respective owner may not develop in the land any other construction, which exceeds the volume of the destroyed building.
Article 5
Works
The classified buildings of architectonic interest may benefit from amplification, consolidation, alteration, reconstruction and recuperation works, as long as these works don’t damage the original characteristics of the buildings, namely, in terms of the building’s height and facades.
The development of the works mentioned in the previous number, as well as any other works of reparation or maintenance, may only be authorised after a favourable technical opinion from the Cultural Institute of Macau.
For the development of the works mentioned in the number 1, it may be authorised the demolition of the building’s interior, under the conditions referred in the previous number.
Article 6
Technical opinion
For the realisation of the works mentioned in the previous article, the Leal Senado (Macau’s Municipal Chamber), the Islands Municipal Chamber and the Direction of Services of Soil, Public Works and Transports, according to each case, should send a copy of the respective work project to the Cultural Institute of Macau.
Article 7
Regular works
The owners, in possession or in use, of classified buildings of architectonic interest should promote regular conservation, reparation and recuperation works.
In case the owners, in possession or in use, of the buildings referred in the previous number, don’t carry out the works already mentioned, the Cultural Institute of Macau may promote conservation works in the exterior of the buildings, or any other works necessary for the stability of the buildings.
Article 8
Responsibility
In the situations mentioned in the no. 2 of the previous article, it will be observed, when applicable, the terms of the numbers 3 and 4 of article 8, of the Decree no. 56/84/M, of 30th of June.
Article 9
Alienation
The alienation of classified buildings of architectonic interest must be first communicated to the Cultural Institute of Macau, in representation of the Territory, by registered letter with arrival notice, once the Territory enjoys the right of preference, which prevails over any other legal candidate.
The Cultural Institute of Macau will communicate with the alienation party, under the deadline of thirty days, to inform about its intention to carry out, or not, its preference right, declining it if nothing is informed under that deadline.
Article 10
Expropriation
The terms of article 9 of the Decree no. 56/84/M, of 30th of June, are applicable to classified buildings of architectonic interest.
Article 11
Sanctions
Without excluding the Decree no. 79/85/M, of 21st of August, about the execution of unlicensed works, the infraction to the established by the present diploma, in reference to the realisation of demolition, conservation, reparation or consolidation works, in buildings of architectonic interest, is liable to be fined ten thousand to one hundred thousand patacas, in accordance with the criteria stated in the no. 3 of article 58 of that diploma, without exempting the infrator from any eventual criminal responsibility.
The application of the fine, as stated in the previous number, is a matter for the competence of the president of the Cultural Institute of Macau, whose decision may be appealed in hierarchy to the Governor.
Approved on the 18th of November of 1992.
The Governor, Vasco Rocha Vieira.
Annexes I, II, III and IV
Relation of the monuments, buildings of architectonic interest, ensembles and classified sites
Annex I
Classified monuments
City of Macau
Church of Santo Agostinho
Church and churchyard of Santo Antonio
Church of S. Domingos
Church and churchyard of S. Lazaro
Church and churchyard of S. Lourenco
Church of Se (Cathedral)
Church of the Seminary of Sao Jose, churchyard and staircase
Ruins of Sao Paulo (former Church of Madre de Deus), churchyard and staircase
Fortress of Mong-Ha
Fortress of Nossa Senhora do Bom Parto
Fortress of Nossa Senhora da Guia
Fortress of Nossa Senhora do Monte
Fortress of Sao Tiago da Barra
Fortress of D. Maria II
Wall and Fort of Sao Francisco
Gateway of Cerco
Government Palace
Leal Senado Building
Santa Casa da Misericordia Building
Temple of Barra
Temple of the Bazaar
Temple of Kun Iam Tchai
Temple of Kun Iam Tong
Temple of Lin Fong
Temple of Na Tcha, in Verdades Roadway
Temple of Na Tcha, near the Ruins of Sao Paulo
Temple of Pao Kong
Temple of Lin Kai
Temple of Lou Pan Si Fu
Temple of Tin Hau
Temple of Sam Kai Vui Kun
Temple of Tou Tei
Section of the old city walls
Camoes Grotto
Engraved wall, near Temple of Lin Fong
Engraved wall, near the staircase leading up to Mong-Ha housing estate
Taipa Island
Church of Nossa Senhora do Carmo
Temple of Kun Iam
Small Temple of Kun Iam
Temple of I Leng
Temple of Pak Tai
Temple of Tin Hao
Temple of Sam Po
Temple of Kuan Tai (Cheok Ka)
Fortress of Taipa, at the quay
Coloane Island
Church of Sao Francisco Xavier
Temple of Tam Kong
Temple of Tin Hao
Temple of Kun Iam (Ka-Ho)
Temple of Sam Seng Kong
Temple of Tai Wong (Hac-Sa)
Temple of Kun Iam (Coloane)
Annex II
Buildings of architectonic interest
City of Macau
Santa Sancha Palace
Chapel of Nossa Senhora da Guia and Bishop’s Palace
Seminary of Sao Jose
House in Camoes Garden
Sir Robert Ho Tung Library
Military Club
Harbour Captaincy
Fire Station
Post Office building
Red Market
Lou Lim Iok Pavilion
BNU Head Office
Pedro Nolasco da Silva Primary School
Leng Nam School, in Parses Road
Pui Tou School, in Praia Grande Street, no. 107
Pui Cheng School (Lou Lim Iok Mansion)
Ricci School, in Praia Grande do Bom Parto Street
Pedro V Theatre
Sao Rafael Hospital and Garden
Bela Vista Hotel
Convent of the Precious Blood
Caixa Escolar Building
Chinese Pharmacy, in 5 de Outubro Street, no. 146
Building cornering Ponte de Horta Square and Lorchas Street
Court Building
Lok Kok Restaurant, in 5 de Outubro Street, no. 159
Mandarin’s House, in Antonio Silva Alley
House in Se Square, nos. 1, 3 and 5
House in Se Alley, no. 7
House in Engenheiro Trigo Road, no. 4
House in Campo Street, no. 29
House in Companhia de Jesus Square, nos. 4 and 6
House in Pedro Nolasco da Silva Street, nos. 26 and 28
Jardines House
House in Republica Avenue, no. 6
Pawnbroker’s Tower, in 5 de Outubro Street, no. 64
Pawnbroker’s Tower, in Sao Domingos Street, no. 6
Pawnbroker’s Tower, in Camilo Pessanha Street
Pawnbroker’s Tower, in Virtudes Alley, no. 3
Building in Horta e Costa Avenue, nos. 14 and 16
Taipa Island
Municipal Islands Council Building
Pawnbroker’s Tower, in Felicidade Alley, no. 1
Coloane Island
Public Library
Annex III
Ensembles
City of Macau
Almeida Ribeiro Avenue / Leal Senado Square / Sao Domingos Square
S. Lazaro District
Conselheiro Ferreira de Almeida Avenue, from the building cornering Cemiterio Road up to no. 95
Lilau Square and Alley
Santo Agostinho Square
Sao Paulo Alley
Paixao Alley
Felicidade Street and Alley
Taipa Island
Carmo Square / Praia Avenue
Camoes Square / Negociantes Street
Coloane Island
Eduardo Marques Square / Negociantes Street / Presidente Ramalho Eanes Square
Annex IV
Classified Sites
City of Macau
Campo Coronel Mesquita
Barra Hill
Penha Hill
Guia Hill
Maria II Hill
Mong-Ha Hill
Ilha Verde Hill
Lou Lim Iok Garden
Camoes Garden
Montanha Russa Garden
Sao Francisco Garden
Vitoria Garden
Vasco da Gama Garden
Coast Road from Macau-Taipa Bridge to Sao Tiago da Barra Fortress
Central Street / Sao Lourenco Street / Padre Antonio Street / Barra Street / Barra Roadway
Ponte e Horta Square
Parses Cemitery
Sun Yat Sen Municipal Park
Taipa Island
Municipal Garden
Coloane Island
Avenue 5 de Outubro
Coloane Island, 80 meters above sea level
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