ACT No. XVII of 2004 AN ACT to amend the Disposal of Government Land Act, Cap 268.

I assent.

E DWARD F ENECH A DAMI

President

23rd December, 2004

ACT No. XVII of 2004

AN ACT to amend the Disposal of Government Land Act, Cap

268. BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>-

The short title of this Act is the Disposal of Government Land

(Amendment) Act, 2004, and it shall be read and construed as one with

the Disposal of Government Land Act, hereinafter referred to as “the

principal Act”.

Article 3 of the principal Act shall be amended as follows>-

(a) in subarticle (1) thereof, paragraphs (b), (c), (d) and (e)

shall be renumbered as paragraphs (c), (d), (e) and (f) respectively<

(b) immediately after paragraph (a) of subarticle (1) thereof,

there shall be inserted the following new paragraph>

“ (b) after an announcement of an auction as published

in the Gazette in respect of the property to be disposed of>

Provided that no land may be so disposed of unless it

forms part of a Building Development Zone according to any

law for the time being in force>

Provided further that the Minister responsible for land

may by regulations establish the manner and procedure for

the holding of any such auction< ”<

(c) instead of subarticle (c) as amended, there shall be

inserted the following>

“ (c) according to the policy applicable to the land

being transferred, as shown in schedule attached to this Act,

which schedule can only be changed by virtue of a Resolution

of the House of Representatives.”

(d) subarticle (2) thereof, shall be substituted with the

following>

“ (2) A Resolution of the House of Representatives

approved in terms of paragraphs (d) and (e) of subarticle (1)

will remain valid for a year from the date of approval, but

such Resolution can be extended by virtue of another

Resolution or other Resolutions proposed after another period

of one year.”

(e) In subarticle (4) thereof, the words “in paragraph (c)”

shall be changed to “in paragraph (d)”

Immediately after article 5 of the principal Act there shall be Addition of

Schedule to the

added the following Schedule>

principal act.

“SCHEDULE

(Article 3)

Policy relating to the Transfers of Government Land

Interpretation

1. In this document the words ‘land’ and ‘transfer’ shall have the same meaning

as is given to them by this Act< and any reference to ‘government land’ or ‘government

building’ includes a reference to any land or building administered by Government.

2. The cases in which government land may be transferred according to policy

as contained in this schedule are additional to the cases in which government land may

be transferred according to paragraphs (a), (b), (d), (e) and (f) of subarticle (1) of

Article 3 of this Act.

Transfer by title of sale or redemption

3. Government land may be sold or the perpetual or temporary dominium

directum burden thereon may be redeemed if such land consists of flats or houses

which are offered by means of a public notice to be bought or redeemed by a person

who resides therein under such conditions as are shown in that notice.

Transfer by title of emphyteusis

Government land may be transferred by title of emphyteusis>-

(a) if it consists in land which is offered for development under a ‘Home

Ownership Scheme’ by means of a public notice containing the conditions of the

transfer and the manner of choice of the person who is making an offer<

(b) if it consists in land which is offered for an industrial project after

applicant would have satisfied Government about the benefit which the project

would render to the country’s economy and that it would create an adequate number

of jobs<

(c) if it consists in land which is offered for twenty-five (25) years for the

building of kiosks according to plans approved by the Planning Authority, to

such persons who in 1996 had a valid permit issued by the Department of Lands

to operate a kiosk in such same locality.

Emphyteutical grants given previously under the ‘Home Ownership Schemes’

for a definitive period, may be converted into perpetual emphyteusis.

A

Transfer by title of lease

Government land may be given by lease>-

(a) if it consists in a new building (not being a building for commercial

use) which is offered on a points system after the issue of a public notice indicating,

at least in a general manner, the criteria on which the allocation of points will be

made<

(b) if it consists in an old building (not being for commercial use) which is

offered according to the merits of the case to whosoever is listed on the registers

of the government department which is responsible for such matters<

(c) if it consists in a factory which is offered for an industrial project after

applicant would have satisfied Government about the benefits which the project

would render to the country’s economy and that it would create an adequate number

of jobs<

(d) if it consists in agricultural land which is offered on agricultural lease

to whosoever would be cultivating it, although such person may not have any title

thereto<

(e)

if it consists in land which is directly allocated>

(i) to a lotto receiver<

(ii) to a person who has relinquished his place of residence or any

other premises occupied by him for commercial purposes or for any other

use, and would either have been evicted by Government for any public

purpose or would have relinquished such premises due to its dangerous state<

(f) if it consists in a building (comprising land accessory thereto) which is

mainly offered for a specific commercial use which may be only carried out under

a licence issued by the Government for such use under a special law<

(g) if it consists in commercial premises which are directly allocated by

Government on a new lease to such children or grand-children as the preceding

tenant would have renounced in their favour (and then only if such tenant would

have reached the age of sixty-one years). The rent of the premises shall be fixed

on the basis of the previous lease increased by ten per cent for each period of ten

years and#or part thereof which would have passed from the date of the last fixing

of the rent of the preceding lease<

(h) if it consists in commercial premises leased on a yearly basis, which

was in the past given by title of lease for an established period exceeding one

year, to the same tenant. The lease of the premises is given to the same tenant,

under the conditions of the original title, other than for the rent which is fixed

again, sohowever that no lease may exceed a period of fifteen (15) years<

(i) if it consists of land which formed part of a larger land and is being

allocated directly by Government on a new lease to the preceding tenant under

the same conditions but at a different rent.

Servitudes, encroachments and other permits.

Servitudes and other similar rights may be created on government land

whenever such rights are required for the proper use of any other land by any other

person, and it would not be the case that such right is given on encroachment terms. In

any other case such rights may and shall be given on encroachment terms.

Encroachment terms are also allowed as regards>

(i) stretches of shore land as ‘beach concessions’<

(ii) land adjacent to coffee-shops and similar establishments for the placing

of tables and chairs< and

(iii) other similar concessions.

Permits may also be granted for the temporary or specific use of government

land.

Right of first refusal

Offers for the transfer of government land may be made subject to the right

known as the right of first refusal in any instance where Government deems it appropriate

that such right should be conceded to any person.

Sub-lease in a lease agreement

Permission may be granted for the sub-lease of part of a larger building for

commercial use connected with or accessory or ancillary to use made by the Government

of the building of which the leased premises form part.

Transfer of land on the sea shore

Government land situated on the sea shore on which a room or any other

building has been built or which is being used for the siting of a caravan thereon may

be transferred by title of lease for not more than ten years at a rent fixed according to a

valuation made by the Commissioner of Lands and which may in no case be less than

Lm40 annually<

Sohowever that the building together with all improvements made thereon, other

than existing movables, shall revert to Government on the expiration of the lease without

any right of compensation.

A

Land given by exchange

Government land may be given by exchange with any other land which is

declared as required for a public purpose under Chapter 88 of the Laws of Malta, to the

owner of the land which has been so declared. Provided that when a difference exists

in the value of the two plots of land given by exchange, such difference shall be balanced

with also giving an additional sum of money. Sohowever that the exchange may not

be effected if the value of the government land to be given exceeds thirty per cent of

the value of the expropriated land. Any damages sustained due to the expropriation of

such land shall form part of the value of the same land.

Tale quale transfer for relative compensation

Any plots of land comprised in such Building Development Areas, also

including such plots of land in Building Development Areas which have been revoked,

and which have not been utilized and#or there is apparently no use for them for a public

purpose, may be transferred by title of exchange to the owners of the rights for relative

compensation for each plot of land which is so transferred and for which an application

has been submitted, with money’s worth for each plot of land, of the rights for

compensation regarding the same land, and when the person to whom the land shall be

transferred was not the absolute owner of such land prior to its expropriation by

Government, with money’s worth also of an equivalent amount for each right of any

other compensation relating to such land, free and exempt from any burden, hypothec

or privilege, and also every right for any other interests or damages which may be due.

The person in whose favour the land is transferred is bound, on the same deed of

transfer, to reconstitute on the land so transferred to such person any hypotech, privilege,

easement, usufruct, use or any other real right which had existed on the same land

prior to such land being declared a Building Development Area according to Act I of

1983 and which are presently incumbent on the compensation rights, until such time

as such rights have not been erased by agreement between the parties prior to the

reverse transfer< the person to whom such land is transferred shall also be obligated to

bind itself on the same deed to recognize any right ta’ rural lease and any other right

which was incumbent on such land prior to such land being declared a Building

Development Area in terms of the said Act I of 1983.

The expenses relating to the deed of transfer shall be paid by the Government of

Malta.”.

4. (1) The Land Acquisition (Public Purposes) Ordinance,

Amendment of the

Land Acquisition

(hereinafter in this Article referred to as “the Ordinance”) shall be

(Public Purposes)

amended as follows>

Ordinance, Cap. 88.

(a) article 25 thereof shall be amended as follows>

(i) immediately after subarticle (1) thereof there shall

be inserted the following proviso>

“Provided that, the amount of compensation to be assessed

by the Board in accordance with the provisions of paragraph

(e) of this subarticle, shall not exceed the higher amount of

compensation as proposed by any of the parties.”<

(ii) for subarticle (7) thereof, there shall be substituted

the following>

“(7) An appeal on a point of law shall lie from the

decision of the Board on any of the above matters. Such

appeal shall be filed by means of an application before

the Court of Appeal within twenty days from such

decision< and the party against whom the appeal is filed

may file his reply within twenty days from the date of

service upon him of the said application. The provisions

of the Code of Organization and Civil Procedure relating

to appeals, cross-appeals and the regulation of proceedings

before the Court of Appeal shall apply mutatis mutandis

to any appeal made in terms of this subarticle.”< and

(b)

article 31 thereof shall be amended as follows>

(i) subarticles (2) and (4) thereof shall be deleted, and

subarticles (3) and (5) shall be renumbered as subarticles (2)

and (3) respectivley<

(ii) in subarticle (2) as renumbered, the words, “but less

than that claimed by the owner”, shall be deleted.

(2) The provisions of articles 25 and 31 of the Ordinance as

amended by this article, shall apply to any proceedings relating to any

land covered by any Declaration issued under article 3 of the Ordinance

even if issued prior to the date of the coming into force of this article.

Passed by the House of Representatives at Sitting No. 215 of the 17th

A NTON T ABONE

Speaker

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press