ATT Nru. I ta’ l-2006 ACT No. I of 2006 ATT ma]ru[ b’li[i mill-Parlament ta’ AN ACT enacted by the Parliament of Malta.

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,881, 14 ta’ Frar, 2006

Taqsima A

MALTA

ATT Nru. I ta’ l-2006

ACT No. I of 2006

ATT ma]ru[ b’li[i mill-Parlament ta’

AN ACT enacted by the Parliament of

Malta.

Malta.

ATT biex jemenda l-Ordinanza dwar l-

AN ACT to amend the Land Acquisition

Akkwist ta’ Artijiet g]al Skopijiet

(Public Purposes) Ordinance, Cap.

Pubbli`i, Kap. 88.

88. I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

14th February, 2006

ACT No. I of 2006

AN ACT to amend the Land Acquisition (Public Purposes) Ordinance,

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 Land Acquisition (Public

Purposes) (Amendment) Act, 2006 and the Act shall be read and

construed as one with the Land Acquisition (Public Purposes) Ordinance,

hereinafter referred to as “the principal law”.

PART I

In article 2 of the principal law, the definition “built up area”

shall be deleted.

Article 12 of the principal law shall be amended as follows>

(a) in the marginal note thereof, for the words “Contents of

notice to treat” there shall be substituted the words “Rights of

Government over land”< and

(b) sub-article (3) thereof, shall be substituted by the

following>

“(3) Without prejudice to the provisions of sub-article

(3) of article 22 of this Ordinance, simple interest at the rate

of five per centum per annum shall accrue on the value of the

land in accordance with Schedule 2 to this Ordinance, and

for the period indicated in such Schedule, in favour of any

person having a right of compensation in respect of any land

acquired by the absolute purchase thereof under this

Ordinance>

Provided that where a notice to treat has been issued

under this Ordinance, the interest shall accrue on the value

determined in such notice, from the date of the taking of

possession of the land by the competent authority up to the

date of transfer by title of absolute purchase in favour of the

Government of Malta.”.

Articles 17 and 18 of the principal law shall be substituted by Substitution

articles 17 and 18

the following>

of the principal law.

Any land which is not a building site shall be valued

for the purpose of determining the compensation payable in

the case of compulsory acquisition as rural land or as

wasteland, as the case may be>

Provided that in determining such compensation,

consideration shall be given to the value of any structures

existing thereon and whether such structures are covered by

a permit according to law.

(1) Land shall be deemed to be a building site if

it falls within the limits of a building scheme or as indicated

and approved for development in a Structure Plan or

subsidiary plan which has been adopted for the time being in

force under any law relating to planning.

(2) In determining the compensation due for a

building site, consideration shall be given to the use or

development that can be made thereof or thereon in

accordance with the provisions of subarticle (1).”.

5. Immediately after article 18 of the principal law there shall be Addition of new

article 18A to the

added the following new article>

principal law.

Notwithstanding the provisions of this or any

other law, the value of any land -

expropriated

2003. (a) still in the course of acquisition on the 1 st

January 2005<

(b) in respect of which a declaration under article

3 was issued before the 5 th March 2003, and

(c) in respect of which a notice to treat was not

issued before the 1 st January 2005 under the provisions

of this Ordinance as in force before the date mentioned

in this paragraph,

shall, saving any interests due until payment is made under

sub-article (3) of article 12 of this Ordinance, be its value as

on the 1 st January 2005.”.

6. In sub-article (3) of article 22 of the principal law, for the

words “to the competent authority.” there shall be substituted the words

“to the competent authority>” and immediately thereafter there shall be

inserted the following>

“Provided that in cases where the President’s Declaration

refers to the acquisition by conversion from possession and use or

public tenure into absolute ownership, the government shall not

be bound by the time-limit established in this sub-article with

respect to the deposit of a sum equal to the amount of compensation

offered in the President’s Declaration, and may deposit such amount

any time thereafter< and in such cases simple interest at the rate of

five per centum per annum shall be paid annually on the sum

declared in the President’s Declaration up to the date of the eventual

deposit in the Bank>

Provided further that in such cases, any proceeds from the

sale, alienation or the creation of any real and personal right on

such land, and any proceeds from any rent or other annual payment

over such land, shall be retained by the Commissioner for Land

and reserved for the payment to the rightful owners of the sum and

interests referred to in the previous proviso and only such proceeds

or payments in excess of such sum shall be transferred to and

received by the Consolidated Fund.”.

7. In article 33 of the principal law, for the words “President of

Malta” there shall be substituted the words “Government of Malta”.

8. Immediately after the Schedule to the principal law there shall

be added the following new Schedule>

“Schedule 2

Article 12(3)

A – B

C

X

X

where “A” is the value of the land at the time when the competent

Authority took possession of the land<

“B” is the value of the land at the time when the land was transferred

by title of absolute purchase in favour of the Government of Malta<

“C” is the number of days between the dates of “A” and “B” ”.

9. (1) The provisions of article 4 of this Act shall only apply to Transitory

land in respect of which a declaration under article 3 of the Ordinance provision.

was issued after the coming into force of this Act.

(2) (a) The President may in relation to any land subject

of a Declaration issued before 5th March 2003, issue a fresh Declaration

wherein shall be stated the amount of compensation which the competent

authority is willing to pay for the land to which the Declaration refers.

The said Declaration shall have attached with it a valuation drawn up

by an architect and where available a site plan of the land described in

the Declaration>

Provided that when such fresh Declaration is issued the

compensation shall be determined on the basis of the value of such land

on the date of the service of any notice to treat in respect of such land,

and where no notice has been so served, in accordance with the value

of the land as on 1st January 2005.

(b) For the purpose of determining whether land is to be

valued as a building site, agricultural or rural land or waste land for the

purpose of this sub-article the relevant date shall be the date when the

original Declaration was issued by the President, in accordance with

the criteria established by the law in force at the time of the issue of the

original Declaration.

(c) Any fresh Declaration issued in virtue of this article

shall, subject to the provisions of this sub-article be deemed as a

Declaration issued under the provisions of article 22 of the principal

law and the provisions of the said article as amended by this Act shall

apply thereto.

PART II

10. This Part amends and shall be read and construed as one

with the Code of Organization and Civil Procedure, hereinafter in this

Part referred to as “the Code”.

11. In sub-article (2) of article 125 of the Code, for the words

“by writ of sworn application” there shall be substituted the word “by

application”.

12. In sub-article (7) of article 156 of the Code, immediately

after the word “application.” there shall be added the following new

paragraph>

“If the necessity of producing a witness arises at any time

after the filing of the sworn application or if the opposite party

gives his consent in the manner prescribed in article 150 (1) (c), or

if the court deems it in the interest of justice to hear a particular

witness, the court may allow such witness to be heard.”.

13. In the Maltese text of article 213 of the Code, the words

“b’rikors ;uramentat” shall be deleted and substituted by the words

“b’rikors”.

PART III

14. Sub-article 7(2) of the Administration of Lands Act, 2002,

shall be repealed>

Provided that when in relation to any land a fresh President’s

Declartion was issued under the provisioins of sub-srticle 7(2) repealed

by this article such Declaration shall continue to be governed by the

provisions of the same sub-article 7(2) as if it had not been repealed by

this article.

Passed by the House of Representatives at Sitting No. 348 of 1st February,

2006. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

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