ACT No. XXV of 2016 AN ACT to further amend the provisions of the Civil Code (Cap.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

13th May, 2016

ACT No. XXV of 2016

AN ACT to further amend the provisions of the Civil Code (Cap.

16) relating to the law of things, defining the rules on the coastal

perimeter and the foreshore, classifying property in ownership of the

Government, defining and introducing rules on the concept of the

public domain and rules on duties and limitations on the Government

in its administration of property in the public domain, regulating the

designation and declassification procedures and effects in relation to

the public domain, introducing rules on the registration of property in

the public domain and addressing the impacts of the amendments on

private rights and on other existing cultural, environmental and other

special laws affecting Government property.

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 Civil Code (Amendment

No. 3) Act, 2016, and this Act shall be read and construed as one with

the Civil Code, hereinafter referred to as "the Code".

Article 311 of the Code shall be renumbered as sub-article

(1) thereof, and immediately thereafter there shall be added the

following new sub-articles

"(2) The "coastal perimeter" is that part of the

land which lies fifteen metres from the shoreline

inwards, whether it is foreshore, landmass or cliff

or is a combination of them and, where the

foreshore extends beyond fifteen metres, to the

limit of the foreshore.

The "foreshore" is that part of the

coastal perimeter, including where it exceeds

fifteen metres, which is normally covered by water

due to the action of the waves and the use of which

is restricted by this fact. The foreshore extends up

to the reach of the largest wave and, even if it lies

beyond the reach of the waves, to the limits of any

beach

Provided that the foreshore shall not extend

over or onward of a schemed public road.

For the purposes of this sub-article

(a) a "beach" is that part of the land

contiguous to the shoreline, irrespective of

how far inland it extends, which is of its

nature or characteristics destined for public

use in accordance with its nature and in

accordance with any law from time to time

regulating development planning;

(b) a "landmass" or a "cliff" is that

part of the coastal perimeter which is

elevated from the sea, is not accessible from

the sea and, or is not subject to being covered

by any wave; and

(c)

the "shoreline" is the land contour

which is constantly in direct contact with the

sea; provided that when the shoreline

changes due to erosion or collapse, the

baseline for calculation of the coastal

perimeter shall be adjusted accordingly from

time to time without prejudice to the

application of any law regulating development

planning.

(3) Any private titles and rights to the

foreshore shall be registered in the relevant registry

in accordance with applicable law prior to the lapse

of ten years from the designated date.

(4) Quays, wharfs and other constructions

in harbours, ports, landing places and yachting

centres for the berthing of ships, yachts and other

vessels used in navigation, or of aircraft, or for the

attachment thereto of pontoons, floating quays, or

for dockyards, roads and access paths, or other

similar structures in such areas, shall be regulated

by the provisions of special laws governing such

things and the terms "quays", "harbours", "ports",

"yachting centres" and other related terms shall

have the meanings assigned to them by such

special laws.

(5) Although contiguous to the sea, such

quays and other constructions and the areas within

harbours and ports -

(a)

shall be considered to be public

property, saving private titles and rights

thereon; and

(b) shall not be considered to be part

of the coastal perimeter for the purpose of

this Code until such time as any part of such

areas, belonging to the Government, are

declared and registered as land in the public

domain, saving private titles and rights

thereon, as provided for in the Third

Schedule.

(6) In this article

(a)

the term "designated date" shall

be that date established by order in the

Government Gazette by the Minister

responsible for Lands;

(b) the term "public domain" shall

have the meaning given to it in the Third

Schedule;

(c)

the term "public property" shall

have the meaning given to it in article 327 of

this Code; and

(d) "relevant registry" means the

Public Registry or the Land Registry or any

successor registry.".

Article 327 of the Code shall be deleted.

Immediately after article 326 of the Code there shall be

added the following new Title

"Title IIA

OF PROPERTY BELONGING TO THE

GOVERNMENT

327. (1) The Government is the owner of

(a)

all things which it acquires

pursuant to the provisions of this Code or any

other special law, herein referred to as

"public property"; and

(b) all things forming part of the

public domain, which it holds as a result of

its sovereignty, herein referred to as "public

domain".

(2) Vacant property belongs to the

Government.

(3) Property belonging to the Government

may be subject to private rights in the manner and

to the extent stated in this Code and other special

laws.".

Immediately after the Second Schedule to the Code there Addition of new

Schedule to the

shall be added the following new schedule

Code.

"THIRD SCHEDULE

Title I

PRELIMINARY

DEFINITIONS, PRESERVATION

OF PRIVATE RIGHTS

1. In this Schedule

"administrative permit" includes licences,

permits,

concessions,

authorisations

or

encroachments, grants which are made under

tolerance or other precarious title and any other

licence which may be issued by the Government in

terms of regulations which may be made from time

to time, and different departments or entities within

the term "Government" shall be treated as distinct

persons;

"the Code" shall mean the provisions of the

Civil Code apart from this Schedule;

"designated date" shall be the date of the

coming into force of this Schedule;

"Government" shall include all departments

and agencies of Government, all local councils, all

statutory authorities and corporations and all

organisations controlled by the Government;

"land", for the purposes of this Schedule, shall

include the seabed and the sub-soil;

"private rights" are those titles or rights which

arise under any law or agreement and which, if

subject to registration or preservation according to

applicable law, are so registered or preserved in the

manner and within the time required by applicable

law;

"relevant date" means the 1st July, 2016;

"relevant registry" means the Public Registry

or the Land Registry or any successor registry;

"special law" means Acts of Parliament or

regulations and other Acts constituting law other

than the provisions of the Code which deal with

particular matters relevant to any provisions of this

Schedule.

2. (1) Land in the public domain which

is subject to private rights, in virtue of laws enacted

or agreements validly entered into prior to the

relevant date shall continue to be subject to the

terms and conditions of such laws or agreements

until such land is, if ever, acquired by the

Government free from such private rights.

(2) Nothing in this Schedule shall affect

private rights over land in the public domain except

and only to the extent that

(a)

when the land was acquired from

the Government or otherwise, it was subject

to express reservations; or

(b) the land is subject to reasonably

implied restrictions on use or enjoyment

attributable to its specific public domain

nature and to its designation under any plan,

policy or schedule issued under any law from

time to time regulating development planning

Provided that for the avoidance of doubt,

private rights shall continue to be fully

enjoyed and shall only be subject to

reasonable limitations which arise from the

public domain nature of the particular land,

keeping in view its particular characteristics,

uses and functions and the public utility it

provides; or

(c)

by virtue of the owner’s consent,

until withdrawn, the land has been made

available for public utility; or

(d) the law, as it stood prior to the

relevant date, so provides; or

(e)

the land was granted by the

Government on mere encroachment terms and

such concession has lapsed or is withdrawn.

(3) Private

rights

granted

by

the

Government by means of any written instrument

prior to the relevant date shall be governed by the

terms of such instrument and applicable law and

any limitations on the capacity of the Government

to make such grant due to the public domain nature

of the subject matter shall not affect the validity of

such instrument.

(4) Subject to sub-article (3), nothing in this

Schedule shall operate so as to

(a)

grant or recognise private rights or

entitlements over land in the public domain to

any person who, as of the relevant date, does

not have valid and enforceable title,

possession or other rights to land in the public

domain;

(b) impinge on the Government’s

right to pursue any or all legal remedies and,

or to exercise any or all of its powers under

current law in relation to any person claiming

any right to land in the public domain where

such claim is not recognised as valid by the

Government;

(c)

affect the operation of articles

2114 and 2115(2) of the Code relating to the

non-applicability of the provisions on

prescription against things which are extra

commercium or with regard to rights or

actions of the Government.

(5) Privately owned land shall be presumed

not to be in the public domain unless it is property

of the type referred to in article 4(1) or is the

subject of a Public Domain Resolution as defined in

article 4(2) of this Schedule.

(6) If the continuing exercise of private

rights, as are preserved by this article, materially

endangers land in the public domain as aforesaid or

where the exercise of such rights is in material

conflict with the principles established in this

Schedule in so far as the use of such land and its

future preservation are concerned, apart from

enforcing any agreement or applicable law in that

regard, it shall be lawful for the Government to

request amendment to any grant, concession or

other agreement with the holder of such rights to

ensure the respect of the provisions of this

Schedule.

Notwithstanding the terms of any agreement,

the court shall have the power to issue orders, as

appropriate, on the use and future preservation of

the property in question for the duration of the

agreement.

Title II

OF THINGS BELONGING TO THE

GOVERNMENT

PUBLIC PROPERTY AND PUBLIC DOMAIN

3. (1) Things

belonging

to

the

Government shall be presumed to be public

property.

(2) Things in the public domain shall be

presumed to belong to the Government unless they

are privately owned.

(3) Things shall be considered to be in the

public domain, if

(a)

they are of the type referred to in

article 4(1) of this Schedule; or

(b) after the relevant date, they are the

subject of a declaration, made in terms of

article 4(2) of this Schedule, and, where

possible, are registered in accordance with

applicable law.

(4) The things, and their fruits and

accessories, belonging to the Government which

may be the subject of a declaration that they form

part of the public domain are the following

(a)

waterways, aqueducts, lakes,

natural springs and valleys;

(b) harbours, ports or parts thereof;

(c)

public roads, public squares, all

streets, alleys and lanes and access routes, by

whatever name called, to other public places,

including those leading to the coastal

perimeter or areas declared to be in the public

domain in accordance with this Schedule;

(d) woods, parks and other areas of

ecological or environmental importance;

(e)

sites of cultural, social or

historical importance including bastions,

fortifications and other similar structures;

(f)

areas which serve the national

security, such as airports;

(g) the open countryside, including

any cliff which does not constitute part of the

coastal perimeter;

(h) res sacrae, res sanctae and res

religiosae;

(i)

movable things having cultural,

social, archeological, artistic, ecological,

environmental or historical importance,

including collections of museums, art

galleries, archives and libraries; and

(j)

generally things belonging to the

Government which serve direct and

immediate public and collective utility or

which should be preserved for future

generations because of their public nature,

common social, historical or cultural nature,

environmental importance or natural or

strategic importance.

(5) Any such declaration shall be subject to

any private rights which may exist over such

property.

(6) The property of the type referred to in

paragraphs (a), (d), (e) and (g) which is privately

owned may also be the subject of a declaration that

they form part of the public domain.

Title III

OF PUBLIC DOMAIN

4. (1) The following things, and their

fruits and accessories, shall be considered as

property in the public domain by virtue of this

Schedule and without the need of any further

declaration, registration or other formality

(a)

the coastal perimeter;

(b) internal waters such as bays,

coves and other areas which lie between the

coastal perimeter and the baselines from

which the territorial waters are measured and

the relative seabed and subsoil and the

overlying water-column and its airspace

provided they are not harbours or ports; and

(c)

the seabed and subsoil underlying

the territorial seas beyond the baselines from

which the territorial waters are measured and

the relative seabed and subsoil and the

overlying water-column and its airspace.

(2) (i)

The

Executive

Council

as

established under the Development Planning Act of

2016 shall prepare a report on an annual basis which

will indicate those sites that have been proposed by

the Minister responsible for Lands, Members of

Parliament or NGOs that it would deem appropriate

to be declared as public domain in conformity with

article 3 of sub-title 2 of this Act

Provided that prior to the completion of

the report the Executive Council shall carry out a

public consultation process.

(ii) The report shall thereafter be

presented to the Minister responsible for Lands, who

in turn shall lay such report on the Table of the

House of Representatives by the 15th September of

every year.

(iii) The Minister shall cause the report

to be laid on the Table of the House of

Representatives as soon as possible but not later than

one month from receipt.

(iv) The Speaker of the House shall

refer the report to the Standing Committee on the

Environment and Development Planning for its

consideration and comments.

(v) The report of the Standing

Committee shall than be forwarded to the Minister

responsible for Lands who shall present to the House

of Representatives, for its consideration, a Public

Domain Resolution regarding those sites which

would have been so recommended by the Standing

Committee on the Environment and Development

Planning.

(3) Every Public Domain Resolution shall,

as a minimum

(a)

identify the property, its fruits and

accessories;

(b) identify any Government powers

or third party titles or rights which shall

continue to be enjoyed over the thing, and the

manner in which they are to be exercised or

enjoyed, notwithstanding the declaration;

(c)

identify special laws or provisions

thereof, if any, which restrict the public

access or enjoyment of such property in

accordance with this Schedule and which

shall continue to apply to such property

notwithstanding the declaration; and

(d) where applicable, be accompanied

by a plan or general map, based on the official

map of the Land Registry, identifying the

property and the accessories which are

affected by such declaration.

(4) All Public Domain Resolutions shall be

registered in the relevant registry by the Minister

responsible for Lands within two months from their

approval by the House of Representatives.

(5) Saving private rights and any

concessions which may validly exist, things in the

public domain belonging to the Government shall

be extra commercium unless they are declassified

in accordance with the provisions of Title VI of this

Schedule, in which case they shall no longer be

treated as extra commercium but only to the extent

and for the purposes mentioned in the relevant

Declassification Resolution

Provided that things which have been

declared to be in the public domain by a Public

Domain Resolution which are privately owned shall

not be considered as being extra commercium and

they may continue to be subject to transactions in

accordance with the Code or any other applicable

law even if not declassified.

(6) Things in the public domain belonging

to the Government which have been declassified as

provided for in this Schedule may be subject to

concessions or private rights in accordance with

this Schedule.

(7) The acquisition of any right by any

private interest over any thing in the public domain

belonging to the Government which is not

declassified, other than by concession under article

7 of this Schedule, shall be ipso jure null and void.

(8) Things in the public domain shall be

subject to public domain obligations, even when

declassified, and no acquirer may plead good faith

so as to acquire free from such obligations.

(9) Actions and remedies enjoyed by the

general public shall only be those provided under

public law.

(10) The principal obligation, which burdens

an owner of a thing in the public domain, whether

owned by the Government or by a voluntary

organisation or by a private interest, is to preserve

its substance with regard both to matter and to

form.

(11) Without prejudice to any private rights

thereon, or as otherwise expressly stated in any

Declassification Resolution, things in the public

domain belonging to the Government are also

subject to a burden being the utility derived by the

general public and which is enjoyed by every

person on mere sufferance. Public utility includes

collective rights such as public access, use, public

enjoyment of the fruits and accessories,

accommodation to necessities of trade, transit and

communication or recreation and any other use and

subject to such restrictions as may be prescribed by

regulations made from time to time requiring a

thing in the public domain to be subject to such

burden.

(12) Without prejudice to any private rights

thereon, or as otherwise expressly stated in any

Declassification Resolution, nothing in the

preceding sub-articles shall imply that any person

may, in or over land in the public domain

(a)

drive or ride any vehicle except

over paths which prevent damage to such

property;

(b) light any fire or do any act which

is likely to cause a fire;

(c)

wilfully damage anything thereon

or therein;

(d) wilfully injure, remove or destroy

any plant, shrub, tree or root or any part

thereof;

(e)

affix or write any advertisement,

bill, placard or notice;

(f)

deposit any rubbish or leave any

litter;

(g) engage in riotous, disorderly or

indecent conduct; or

(h) wilfully disturb, annoy or obstruct

any person engaged in any lawful activity.

(13) Unless it is contrary to law or the

declared or apparent destination of the thing in the

public domain prohibits it, or it is otherwise

prohibited by the Government in accordance with

law, things in the public domain belonging to the

Government, or their fruits and accessories, may be

used or enjoyed, on sufferance, in any amount

necessary for an individual’s own personal use or

consumption. Where special laws require

Government authorisation also for personal use or

enjoyment of things in the public domain, such

authorisation shall be a condition for public use and

enjoyment.

(14) In addition to any rights or powers it

may have under any law, licence, contract or

otherwise, the Government may entertain any civil

or administrative action against any person who

damages, or by his actions threatens to damage,

things in the public domain.

5. (1) When things in the public domain

as defined in this Schedule are subject to private

rights, they shall remain public domain and shall

generally be burdened by public domain

obligations which arise due to their nature, limited

by such private rights in a manner consistent with

their nature and subject to any applicable law.

(2) Any person enjoying an existing title to

or right over land in the public domain shall

register such title or right with reference to the

specific land in accordance with, and subject to, the

provisions of the Public Registry Act, the Land

Registration Act or any other applicable law having

such effect, prior to the lapse of ten years from -

(a)

the designated date with reference

to property referred to in article 4(1); or

(b) the date on which any Public

Domain Resolution is registered in the

relevant registry with reference to a specific

land,

and subject to the right of the Government or any

other person who may have an interest to contest

such title or right in terms of any applicable law.

(3) Any person acquiring titles or rights

over things in the public domain following

declassification, shall register such title or right in

accordance with and subject to the provisions of the

Public Registry Act, the Land Registration Act or

any other applicable law having such effect within

the period prescribed by law.

Title IV

DISPOSAL OF THINGS IN THE PUBLIC

DOMAIN

(1) Apart from complying with the

requirements established by this Schedule in

relation to declassification, the disposal of things

forming part of the public domain shall comply

with the provisions of the Disposal of Government

Land Act or any regulations made thereunder.

(2) The term "disposal" shall have the

meaning attributed to it by the said Act and the

provisions of the said Act shall apply to public

domain mutatis mutandis.

Title V

CONCESSIONS AND GRANTS OF

PUBLIC DOMAIN

(1) The Government may grant rights

over any things in the public domain by an

administrative permit on condition that such things

in the public domain must be used consistently with

their nature.

(2) It shall not be necessary to declassify

things in the public domain in order for them to be

the subject of an administrative permit.

(3) Subject to more detailed terms or

conditions which may be prescribed by regulations

made by the Prime Minister from time to time

regarding administrative permits, when an

administrative permit refers to things in the public

domain, notwithstanding any provisions of any

agreement to the contrary, such grant shall be

(a)

personal to the grantee thereof and

shall not be assignable nor shall it be capable

of division and when the grant is made to a

legal organisation or a trust which has

shareholders or beneficiaries, as the case may

be, such shareholders or beneficiaries shall be

subject to the same conditions together with

the legal organisation or trust during the

duration of such grant;

(b) revocable by the granting

authority upon written notice;

(c)

subject

to

public

domain

obligations and conditions as outlined in this

Schedule; and

(d) initially granted for not more than

ten years, and when renewed, for not more

than ten years at a time

Provided that when the grant by the

Government is made to an enrolled voluntary

organisation the purposes of which reflect the same

principles of this Schedule relating to the manner of

administration of any property in the public

domain, the conditions mentioned above may be

modified or waived.

(4) Administrative permits granting rights

over the public domain shall be registered in the

relevant registry if their term exceeds two years.

Such registration shall not give to the grantee any

ownership or possessory rights and the rights shall

remain as stated in the preceding sub-article and

any applicable law.

(1) Saving any grant which is made

pursuant to a special law which may expressly

modify the conditions hereunder specified, when

things in the public domain are the subject of a

grant by the Government to private interests, the

following conditions shall apply

(a)

except when the Declassification

Resolution

expressly

authorises

the

declassification to be for an indefinite term

because of its evident irreversibility, the grant

shall be for a specified term not exceeding

one hundred years and shall be, as far as

reasonable

(i) proportionate to the nature of

the interest or benefit to be gained by

the general public and to the length of

time during which such interest or

benefit actually subsists;

(ii) sufficient to fulfil the

authorised use;

(iii) inversely proportionate to the

extent to which the general public is

restricted access and use, so that the

greater the restriction on public use,

the shorter the period; and

(iv) inversely proportionate to the

disruption of the public function the

thing used to serve, so that the greater

the disruption to public function of the

thing, the shorter the period;

and in any case shall not exceed the term for

which the thing was declassified;

(b) the purpose of the grant and

subsequent use of the thing shall be

exclusively that for which the thing was

declassified;

(c)

if reasonably possible, suitable

alternatives are provided to the general public

which has been deprived of the things it

formerly used or enjoyed;

(d) except when the Declassification

Resolution

expressly

authorises

the

declassification to be for an indefinite term

because of its evident irreversibility, any

constructions, improvements or alterations

made to things in the public domain are to be

removed on the lapse of the term, unless the

Government approves the retention, for its

own benefit or as it may consider in the public

interest, of such constructions, improvements

or alterations at the time of the

declassification or any time thereafter;

(e)

except when the Declassification

Resolution expressly authorises modification

of any thing in the public domain, any

damages, destruction or modification or

exploitation other than that expressly

permitted, shall be made good at the expense

of the grantee;

(f)

unless expressly permitted by the

Declassification Resolution, and in such case

subject to the express conditions of the grant,

the grant shall

(i) be personal to the grantee

thereof and shall not be assignable and

when the grant is made to a legal

organisation or a trust which has

shareholders or beneficiaries, as the

case may be, such shareholders or

beneficiaries shall be subject to the

same conditions together with the

legal organisation or trust during the

duration of such grant;

(ii) not be capable of division;

and

(iii) not be capable of being the

subject of security in favour of a third

party

Provided that when the grant by the

Government is made to an enrolled voluntary

organisation the purposes of which reflect the same

principles of this Schedule relating to the manner of

administration of any property in the public

domain, the conditions mentioned above may be

modified or waived.

(2) The preceding sub-article shall be

subject to the following additional rules of

interpretation

(a)

should a grant be made for more

than one hundred years, it shall be valid only

for one hundred years;

(b) should the grant exceed the term

stated in the Declassification Resolution, then

the term of the grant shall be reduced ipso

jure to the term stated in the Declassification

Resolution;

(c)

should the grant be made for a

purpose not specified in the Declassification

Resolution, then such grant shall be null and

void and no rights whatsoever shall accrue to

any party by virtue thereof.

(3) Nothing in this Schedule or any

Declassification Resolution shall hinder the

imposition by the Government of more onerous or

restrictive conditions at the time of any grant or

disposal of the relevant property in the public

domain in order to better protect or preserve the

public domain nature of the property.

(1) When a thing in the public domain

has been subjected to private rights, on the

termination, howsoever this occurs, of such private

rights, such thing shall revert ipso jure to the public

domain. On reversion, the thing shall be free from

all rights and claims, both personal and real.

(2) Such reversion shall also occur

following the expiration of the stated term or the

impossibility or exhaustion of the purpose and use

for which the thing was declassified or granted, as

the case may be.

(3) Any thing which has, within the term of

the original Declassification Resolution, reverted to

public domain in accordance with this article may

be re-granted for the remaining period of the

original grant without a new declassification

provided it is so re-granted within twelve months of

the reversion.

(4) When a declassified thing reverts to the

public domain after the lapse of the specified term

of the grant, the Government shall seek to return

the property into the public domain for at least

twenty-five years before declassifying it again,

unless with the support of a resolution of the House

of Representatives.

(5) When immovable property in the public

domain is declassified and the declassification is

expressly declared to be indefinite in duration due

to the irreversibility of the intended use permitted

by declassification, reversion to public domain

shall not take place and the property shall remain

private or public free of any public domain

obligations including those referred to in article

4(10) of this Schedule.

Title VI

OF DECLASSIFICATION OF THE PUBLIC

DOMAIN

(1) All things which are in the public

domain, by nature or by operation of the law, can be

designated to be available for -

(a)

the use and administration of such

property by the Government as public

property; or

(b) the grant of titles or rights in

favour of private interests;

in accordance with the use to which the thing can

lend itself, generally without permitting the

permanent alteration of its nature. Such

designations shall be for a purpose or purposes

which are specifically defined and being in the

public interest. The Executive Council as

established under the Development Planning Act of

2016 shall receive such requests by the Minister

responsible for Lands to prepare a report following a

public consultation process. The report shall be

referred to the Standing Committee for Environment

and Development Planning who in turn following its

consideration and comments shall forward its

conclusions to the Minister responsible for Lands.

The Minister shall present to the House of

Representatives

for

its

consideration,

a

Declassification Resolution. Such things shall be

referred to as declassified things.

(2) Following

declassification,

the

declassified things shall still retain their nature as

public domain and, to the extent not incompatible

herewith, shall still be subject to the rules in this

Schedule. Declassification, however, may impose

restrictions on continuing public enjoyment to the

extent that public administration or private use is

subsequently permitted.

(3) Declassifications cannot take place in

relation to classes of things or the totality of such

type of thing but can only be made with reference

to specific things susceptible to individual

designation and description.

(4) Declassification cannot take place

except after a minimum period of five years has

elapsed, with regard to any public domain property,

from the date of enactment of a Public Domain

Resolution with regard to that property in

particular, as mentioned in article 4(2) of this

Schedule.

(5) Declassified things belonging to the

Government become capable of being the subject

of a contract for the period of declassification and

are rendered susceptible to real rights and charges

and other encumbrances

Provided that any real rights, charges

and other encumbrances shall terminate ipso jure

on the expiration of the contract term or on the

lapse of the declassification period, whichever is

the earlier.

(6) The modification or conversion of things

in the public domain following declassification

may be permitted by a Declassification Resolution

on condition that such modification or conversion

shall seek an outcome where the gain achieved by

the general public is clear and unambiguous.

(1) Declassification of things in the

public domain shall be made by means of the issue

of a resolution of the House of Representatives,

hereinafter referred to as a "Declassification

Resolution".

(2) Every Declassification Resolution shall,

as a minimum

(a)

identify the property, its fruits and

accessories;

(b) identify the term, unless indefinite

in scope in which case it shall state so, the

purpose and the use for which declassification

is taking place;

(c)

declare what the projected

existing or future public rights or benefits are

to be and what suitable alternatives, if any,

will be provided for any loss of use or

enjoyment of the thing by the public;

(d) identify any known Government

powers or third party rights which shall

continue to be enjoyed over the thing

notwithstanding the declassification, provided

that this is without prejudice to the general

powers of the Government under any law and

to private titles or rights which may be

registered within the time period prescribed

by law;

(e)

seek to identify special laws or

provisions thereof, if any, which restrict the

public access or enjoyment of such property

in accordance with this Schedule and which

shall continue to apply to such property

notwithstanding the declassification; and

(f)

where applicable, be accompanied

by a plan or general map, based on the official

map of the Land Registry, identifying the

property and its accessories which are

affected by such declassification.

(3) All Declassification Resolutions shall be

registered in the relevant registry by the Minister

responsible for Lands within two months of the

coming into force of the Act.

(4) Any grant made by the Government

pursuant to a Declassification Resolution shall be

registered in the relevant registry in accordance

with applicable law.

(5) Any amendments or revocations made to

Declassification Resolutions shall be registered by

the Minister responsible for Lands in the relevant

registry within two months from when such

amendments or revocations are made.

(1) In the following cases

(a)

where the thing has reverted to its

former public use without objection of the

title or rights holder for a continuous period

of two years;

(b) where it is used for a purpose

which does not fall within the parameters for

which the declassification was made;

(c)

where the term for which it was

declassified expires;

(d) where there is a substantial breach

of the terms of any grant, concession or an

abuse of right;

the grantee shall be notified by judicial letter and,

upon the lapse of thirty days from such notification,

the thing shall revert to the public domain, unless

such reversion is formally contested in a court, in

which case the effects are suspended until the court

decides the matter or the parties agree that

compliance has been achieved

Provided that during any such

contestation the duty of the grantee to pay any

agreed compensation and to perform all public

domain obligations shall not be affected in any

manner and in the event of breach pendente lite, the

court shall, even without demand on the part of the

Government, order the reversion to the public

domain on the basis of such breach without the

need to determine the issues under contestation.

(2) Where it is established by a final

judgement of a court of civil or criminal

jurisdiction that the declassification was the fruit of

corruption, the declassification shall be invalid and

all rights accruing to any person pursuant thereto

shall be null and void.

(3) Any person formerly vested with title to

or rights over a thing in the public domain shall,

upon the happening of the events in the preceding

sub-articles, ipso jure become a mere holder and

shall have no further rights from the moment of

notification and, without prejudice to any other

rights competent at law, the Government shall have

a right to register the reversion of the thing to the

public domain in the relevant registry.

(4) Where the Government is notified that a

third party will be granted or has lawfully been

granted an interest dependant on the title or right of

the person enjoying the title or right, if so

authorised by the Declassification Resolution, the

Government may agree to such terms intended for

the protection of such third party rights in the event

of default by the holder of the title or rights

Provided that the third party shall not

enjoy such protection if he consents to or

participates in the breach giving rise to the default

or does not otherwise act in good faith when

seeking protection under this article.

(1) When third party rights are

granted on declassified immovables, the rights shall

attach only to the things fastened to the site and any

improvements thereto as well as to its use but not to

any fruits or accessories to such immovables unless

expressly agreed.

(2) On termination of a grant of declassified

things, the person who enjoyed the rights to the use

and enjoyment of the things shall, at his expense,

take all such action as is necessary to ensure that

things which may have been constructed or

fastened to the property shall be removed and the

thing be restored to its condition prior to the

declassification or to as near a condition as

possible, such assessment to be made by the

Government, unless the Government approves their

retention in accordance with article 8(1)(d) of this

Schedule or consents to their permanent

modification or conversion in the Declassification

Resolution.

(3) In the event that the thing is not restored

to the appropriate condition, the Government shall

have the power to clear the property of any

constructions, fastening or any other thing

whatsoever and shall have the power to administer

and dispose of the same. Additionally, the

Government shall enjoy a special privilege over

such things and to any proceeds coming from the

lease, operation or sale of such things. The

Government shall be entitled to take from such

proceeds any sum equivalent to the costs and

expenses incurred in restoring the thing to its

original condition but shall have no interest

whatsoever in any excess proceeds which shall be

kept on trust for the grantee

Provided that subject to the terms of the

grant, following the termination of a grant, the

Government may, at its discretion, acquire any

immovable thing remaining on the property upon

payment of a fair price to the grantee or relevant

owner of the immovable, such price to be

determined by agreement or by the court in case of

disagreement.

(1) When property becomes part of

the coastal perimeter by human intervention,

including excavation or development or conversion

into a marina, promenade, breakwater or otherwise,

it shall not thereby become public domain but shall

be subject to

(a)

any special conditions which may

be imposed in any Declassification Resolution

or any permit for such intervention; and

(b) any special laws which may be

applicable to its development and use.

(2) When any part of the seabed is

reclaimed, any Declassification Resolution shall

expressly declare that the purpose of the

declassification is the reclamation of the area,

giving full description thereof, and -

(a)

the area so reclaimed shall no

longer be considered to be public domain; and

(b) the coastal perimeter which is lost

in the reclamation shall be substituted ipso

jure by the new coastal perimeter emerging as

a result of the reclamation.

(1) The Prime Minister shall have the

power to make such regulations as may be

necessary so as to better regulate the matters

contained in this Schedule in relation to particular

types of property falling within the public domain

or generally or for the better functioning of the

provisions of this Schedule including without

prejudice to the foregoing

(a)

matters relating to registration of

resolutions, titles, rights and other matters

referred to in this Schedule in the relevant

registry;

(b) defining in further detail the

things described in article 3(4) of this

Schedule;

(c)

establishing the methodology to

determine the baselines for the calculation of

the coastal perimeter;

(d) the publication in the Gazette, the

Government’s website or otherwise of

information in addition to that in the relevant

registry;

(e)

specifying the uses of things in the

public domain, any public domain obligations

and any public and private rights thereon, and

any reservations and restrictions on such

things so as to better achieve the purposes of

any Public Domain Resolution or any

Declassification Resolution;

(f)

actions competent under this

Schedule;

(g) the rights and remedies to protect

private interests in any things affected by any

process implementing the provisions of this

Schedule;

(h) penalties and offences in relation

to things in the public domain, including

offences relating to the unauthorised

occupation and use of things in public

domain, deprivation of access or use by the

public and related rights to damages and

reimbursement of any gains

Provided that any criminal punishments

that may be established by regulations made

under this article shall not exceed the penalty

of imprisonment for a period of two years or a

fine (multa) of one million euro or both such

fine and imprisonment; and

(i)

the

interplay

between

the

provisions of this Schedule, the provisions of

the Code and the provisions of other special

laws.

(2) Nothing in this Schedule shall affect the

provisions of or anything done or which could be

done under the

(a)

the Petroleum (Production) Act;

(b) the Land (Compulsory Eviction)

Act;

(c) the Disposal of Government Land

Act;

(d) the Environment Protection Act;

(e)

the Cultural Heritage Act;

(f)

the Authority for Transport in

Malta Act;

(g) the

Environment

and

Development Planning Act;

(h) the

Crimes

Against

the

Environment Act;

(i)

the Malta-Libya Continental Shelf

Delimitation (Ratification) Act;

(j)

the Continental Shelf Act;

(k) the

Territorial

Waters

and

Contiguous Zone Act;

(l)

the Malta Resources Authority

Act;

(m) the Fisheries Conservation and

Management Act;

(n) any

regulations

made,

or

guidelines or notices issued, under any of the

above Acts;

and other special laws which may be designated by

the Minister responsible for Lands by notice in the

Gazette, and such Minister may, from time to time,

in consultation with the Minister designated in such

laws, if different, make regulations to establish the

operation of any of the provisions of such special

laws in the light of the provisions of this Schedule

so as to ensure the achievement of the aims of this

Schedule and such laws and the compatible

application thereof.".

6. (1) Where private titles or rights are claimed in any civil Transitory

or administrative proceedings, commenced at any time prior to the provisions.

coming into force of this Act, in relation to land in the public domain,

such private titles or rights shall be determined in accordance with the

law applicable prior to the coming into force of this Act until they are

finally determined by the relevant court or tribunal or by any

agreement between the parties.

(2) Where any private titles or rights over land considered to

be in the public domain belonging to the Government are not

registered or preserved in accordance with the Public Registry Act, Cap. 56.

the Land Registration Act or any other applicable law having such Cap. 296.

effect, or are not claimed in any proceedings as stated in sub-article

(1) commenced not later than ten years from the designated date, such

titles or rights shall be presumed to be mere encroachments to the

extent they are being tolerated or shall not be considered to exist as a

matter of law or to otherwise lapse.

The amendments introduced by this Act shall apply to all

the land in the public domain, saving titles or rights which are so

registered or preserved.

(3) The "designated date" shall be that established by the

Minister responsible for Lands by means of a notice published in the

Gazette for such purpose under the Public Registry Act and, or the

Land Registration Act and, or any other applicable law.

(4) The provisions of article 311 of the Code shall apply, in

accordance with their terms, with effect from the 1st January, 2016 to

anything done on or after such date over the coastal perimeter or land

in the public domain, as defined in the Code.

Passed by the House of Representatives at Sitting No. 384 of the

3rd May, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives