ATT Nru XVII tal-2017 ACT No. XVII of 2017 ATT maħruġ b’liġi mill-Parlament ta’ AN ACT enacted by the Parliament of Malta.

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,765, 25 ta’ April, 2017

Taqsima A

MALTA

ATT Nru XVII tal-2017

ACT No. XVII of 2017

ATT maħruġ b’liġi mill-Parlament ta’

AN ACT enacted by the Parliament of

Malta.

Malta.

ATT biex jirregola l-amministrazzjoni

AN ACT to regulate the administration

ta’ artijiet tal-Gvern, l-akkwist ta’

of Government land, land acquisition

artijiet għal skopijiet pubbliċi, biex

for public purposes, to establish a

jistabbilixxi l-proċedura li għandha

procedure that shall be followed

tiġi mħarsa dwar dan l-akkwist,

related to this acquisition, to provide

biex jipprovdi għal żgumbrament

for eviction from lands and properties

minn artijiet u postijiet ta’ proprjetà

which are either administered or

jew amministrati mill-Gvern jew

held by the Government under any

miżmuma mill-Gvern taħt kwalunkwe

title and to regulate the grant of

titolu u biex jirregola l-għoti bi

title to any immovable property of

kwalunkwe titolu ta’ proprjetà

the Government or that which is

immobbli tal-Gvern jew li hi

administered by such Government,

amministrata minnu, u biex jipprovdi

and to provide for matters connected

għal ħwejjeġ anċillari għalhekk jew

therewith and ancillary thereto.

konnessi ma’ hekk.

ATT TAL-2017 DWAR ARTIJIET TAL-GVERN

The short title of this Act is the Government Lands Act, Short title.

2017. PART I

General Provisions

In this Act unless the context otherwise requires

Definitions.

"Administrative Review Tribunal" means the Administrative

Review Tribunal established by article 5(1) of the Administrative

Justice Act;

"agricultural" or "rural land" means land which is mainly leased

or rented for the growing of agricultural crops, flowers, fruit-trees or

vines and for related agricultural purposes, including the erection of

glasshouses, the assembly of cloches or cold frames but does not

include grazing grounds. It also includes farmhouses, buildings

intended mainly for the keeping of store cattle or other domestic

animals, and other structures of a kindred nature. However, these

words do not include the domestic garden of a house or building or

any other land within the precincts of a house or building nor a

building site nor waste land;

"Arbitration Board" means the Land Arbitration Board as

established in this Act;

"authority" or "competent authority" means the Lands Authority

established in accordance with article 5 of the Lands Authority Act or

any person or any other entity that has been entrusted by contract or

by law to administer Government land;

"Board of Governors" means the Board of Governors of the

Lands Authority established by article 10 of the Lands Authority Act;

"conflict of interest" means a person who is considered to have a

conflict of allegiance between the empowerment given to him to act

and affinity that derives from parentage or a relationship referred to in

article 734(1)(a), (b) and (c) of the Code of Organization and Civil

Procedure and also from any professional or commercial interest,

whether direct or indirect, in the relative date, with a person from

whom one shall benefit or shall be affected by a decision held by the

said person;

"commercial premises" shall have the same meaning as is

assigned to it in the Civil Code;

"Declaration" means the Declaration issued by the Governor,

Governor General of Malta or by the President of Malta before the

entry into force of this Act or from the Chairperson of the Board of

Governors of the Lands Authority in accordance with article 38;

"disposal" means the transfer or grant of any land under any title

whatsoever, including, but without prejudice to the generality of the

aforesaid

(a)

any lease or encroachment or other right of use as

well as any grant of any real or personal right in or over any

land;

(b) a renewal of any real or personal right in or over any

land, whether tacit or expressed on new terms and conditions

(provided that an increase in rent, ground rent or compensation

for use shall not be deemed to be a new condition), but

including a renewal of any real or personal right in or over any

land originally made in pursuance of a special resolution of the

House, even when made on the same terms and conditions;

(c)

any charge of any condition included in the disposal

of any land other than land disposed of by the Housing

Authority or by the Government for housing purposes, as long

as the land remains subject to the condition that it be used for

housing purposes, or land disposed of by a local council

established under the Local Councils Act

Provided that the transfer of any land acquired under

any title in accordance with this Act, where such land is no

longer required for a public purpose, to the person from whom

such land was so acquired, or to his successors in title, shall not

constitute a disposal for the purposes of this Act where the

transfer back is made for the consideration (including damages)

paid by the Government on the acquisition together with

interests at eight per centum per annum from the date of the

payment up to the date of the transfer back to such persons

where such land was acquired by the Government under

absolute ownership, and where the land is held by Government

on public tenure or possession and use, the transfer back is made

subject only to the cessation of the annual payment of the

relative recognition rent or acquisition rent as the case may be;

"dwelling house" means a building, a part of a building

separately let, or a room separately let, which is let mainly as a

dwelling or place of residence, and includes land occupied with the

premises under the tenancy, but does not include a building, part of a

building or room when let with agricultural land;

"land" includes any property which is immovable either by its

nature or by reason of the object to which it refers to it in articles 308,

309, 310 and 311 of the Civil Code and it also includes any land Cap. 16.

which has been formed following land reclamation and also the sea

and the sea bed. Any reference to ‘government land’, or ‘government

building’ includes reference to land and building administered by the

Government or Government agency;

"lease" includes the right of occupation, possession or use of

any land by any title whatsoever;

"lessee" is the person on whom the lease is registered with the

competent authority or who occupies that land with a title of lease;

"member of the family" means a lineal ascendant, a lineal

descendant, widow or widower, the husband, partner, or cohabitant of

the daughter, the wife, partner or cohabitant of the son, the widow or

widower of the descendants while not remarried;

"Minister" means the Minister or Parliamentary Secretary under

whose portfolio the Land’s Authority is included;

"owner" also means the lessee of that land;

"premises" means any tenement;

"public purpose" means any purpose connected with exclusive

government use or general public use, or connected with or ancillary

to the public interest or utility (whether the land is for use by the

Government or otherwise) or with or to town-planning or

reconstruction or the generation of employment, the furtherance of

tourism, the promotion of culture, the preservation of the national or

historic identity, or the economic well being of the State or any

purpose connected with the defence of Malta or connected with or

ancillary to naval, military, or air operations; and includes any other

purpose specified as public by any enactment; and for the purposes of

this definition, where the purpose for the exercise of any right under

this Act is connected with the utilization of any land or any right in

connection or in relation therewith for any purpose connected with

the supply, storage or distribution of fuels or other sources of energy,

or in connection with the provision of any utility or municipal

services or infrastructural project shall be deemed to be connected

with or ancillary to the public interest or utility;

"Rent Regulation Board" means the Board established in

accordance with the Reletting of Urban Property (Regulation);

"Rural Leases Control Board" means the Board established in

accordance with the Agricultural Leases (Reletting) Act.

PART II

Administration of Government Land

In addition to the powers, duties and functions assigned to

it by the Lands Authority Act, the Lands Authority is responsible with

the administration of all the land that belongs to the Government and

it also administers any other land that does not belong to the

Government however it is possessed or held or administered by the

Government.

The rights and responsibilities on those lands which by Land held by

virtue of a law, order or notice have been disposed to the Malta the

Industrial Parks

Industrial Parks Limited (C-28965) and to the Lands Authority by Limited

Housing

virtue of the Commissioner of Land Ordinance or the Housing Authority.

Authority Act shall still be held by the said Malta Industrial Parks Cap.

169. Limited (C-28965) and the Housing Authority.

The authority may by means of a notarial act assign rights Transfer of

and obligations that it has on a specific land in order to pass under the functions

duties.

responsibility of a ministry, department, authority, corporation,

company, agency, local council or any other entity that operates in the

public administration.

Articles 181, 249(4), 460, 466, 467, 590(2), 627, 637, Applicability of

837(2), 873 and 905(a) of the Code of Organization and Civil certain

of the Code of

Procedure shall apply to the competent authority.

Organization

and Civil

Procedure.

(1) Any person, if requested by the competent authority Competent

so to do, shall furnish to the competent authority such information in authority’s

power to request

his possession relating to any land, being information which may information.

reasonably be demanded of him in connection with or which the

competent authority deems necessary for the taking possession of any

land.

(2) Any information required under the last preceding sub-

article is to be given in a statement in writing to be signed by the

person giving the information. In the case of an illiterate or a person

otherwise incapacitated from writing, the competent authority may

require the statement by the person giving the information to be

marked by that person in the presence of two witnesses who shall sign

the statement.

Any person who without lawful excuse, the proof whereof Penal

shall lie on him, commits a breach of the provisions contained in provisions.

article 7, whether by refusing to supply information or by supplying

false information when required under the provisions of this Act to

give information, shall be guilty of an offence under this Act and shall

on conviction be liable to a fine (multa) of not less than two hundred

and fifty euro (€250) but not exceeding two thousand five hundred

euro (€2,500) or to imprisonment for a period not exceeding three

months or to both such fine and imprisonment.

(1)

The competent authority may order the eviction of Eviction.

any person from any land and the removal therefrom of any movable

property, when

(a)

it is occupied by such person without any title;

(b) it is conferred on encroachment, tolerance or other

precarious title;

(c)

it is still being occupied following the lapse of the

time-period specified in the contract conferring the title; or

(d) although that land is being occupied by that person

under a valid title, he

(i) fails to pay at least two terms of payment that

are due to the competent authority due to the occupation

of land during that period;

(ii) causes damage to the land or to anything that is

built on it;

(iii) doesn’t make use of the land or makes different

use of that land from what has been agreed upon;

(iv) sub-lets, assigns or transfers the land without

the written consent of the competent authority; or

(v) violates or fails to fulfil at least one condition

which is stipulated in the contract by virtue of which the

land is being occupied.

(2) The competent authority shall not need to acquire the

permission of the Court as laid down in article 224 of the Companies

Act to initiate or proceed with an action of eviction as referred to in

this article nor shall it require such permission to initiate or proceed

with a judicial action for a dissolution of emphyteusis or lease in case

where there is an order for winding up or in the case where a

provisional administrator is appointed.

(1) A decision for eviction shall contain all the reasons

why such decision has been taken and shall be notified to the person

on whom eviction is being ordered by way of a judicial letter filed in

the Civil Court, First Hall or in the Court of Magistrates (Gozo) in its

superior jurisdiction, as the case may be.

(2) In the same judicial letter there shall be indicated how

much time that person has to leave from the land. The period of time

shall not be less than 30 days and no more than 90 days, except for

when the Authority considers the eviction to be in the interests of

public health and safety or national security.

(1) When the identity of the evictee is unknown, the Unknown

judicial letter shall be addressed to the ‘occupant’ and such judicial identity

evictee.

letter is deemed served once it is fixed on land by an officer of the

court.

(2) In the case of any person absent form Malta any judicial Absentee.

letter shall, for the purpose of this Act, be validly served on any

known lawful representative of such absent person or, in the absence

of a known lawful representative, on such person’s husband or wife or

on a near relation of such person by consanguinity or affinity or

partner, the latter as laid down in the Civil Unions Act or to the Cap. 530.

cohabitant. When no one from the aforementioned has been

identified, then the judicial letter shall be served to the deputy

curators who are appointed for these purposes by means of an

application filed before the Civil Court, First Hall or in the Court of

Magistrates (Gozo) in its superior jurisdiction, as the case may be.

(1) A decision for eviction shall have the same effects Effects of the

as a final judgement of the competent court unless anyone who has decision

eviction.

interest shall, within a period of twenty days from service upon him

of the judicial letter, oppose the eviction by filing an application

before the Administrative Review Tribunal against the competent

authority wherein he demands that the decision of eviction is without

any legal basis.

(2) The application filed in terms of sub-article (1) shall be

served upon the competent authority, who shall be entitled to file a

reply within a period of twenty days.

(3) A decision for eviction brings with it the dissolution of any

title that a person might have on any Government land including any

title of emphyteusis, servitude and lease and this without the need of

the competent authority to bring an action for dissolution of a contract

before the Civil Court, First Hall, the Rent Regulation Board or the

Rural Leases Control Board.

(4) When the eviction dissolves a real right, the decision of

that eviction shall be registered through a note of enrolment in the

Public Registry within fifteen days from when the decision for

eviction becomes res judicata.

(5) The note of enrolment shall make reference to the contract

that is being dissolved, to the judicial letter of the competent authority

in which the evictee has been informed about the decision of eviction

and to the judgement of the Administrative Review Tribunal or of the

Court of Appeal (Inferior Jurisdiction) in the event that the judicial

letter is challenged and the decision taken by the competent authority

for eviction has been confirmed.

The Administrative Review Tribunal shall set down the

application referred to in the previous article for hearing and shall

decide it within the time-frames referred to in article 57(2) of the

Lands Authority Act.

(1) Any party that disagrees with the decision held by

the Administrative Review Tribunal shall have the right to appeal

before the Court of Appeal (Inferior Jurisdiction).

(2) The same procedure and terms referred to in article 57(4)

of the Lands Authority Act shall apply mutatis mutandis to

proceedings before the Court of Appeal (Inferior Jurisdiction).

Pending the time period within which one may challenge the

decision of eviction and pending ongoing procedures before the

Administrative Review Tribunal or before the Court of Appeal

(Inferior Jurisdiction), the decision for eviction shall remain

suspended.

(1) The Administrative Review Tribunal or the Court of

Appeal (Inferior Jurisdiction) shall have the power to revoke any

decision regarding eviction that should not have been issued in

accordance with law or to amend the decision concerning such

eviction in accordance with what they deem to be appropriate in those

circumstances.

(2) Whenever a decision for eviction has been confirmed, the

Administrative Review Tribunal or the Court of Appeal (Inferior

Jurisdiction) shall indicate the time frame in which the person is to

evict from the land. In each case, such time frame for eviction shall

not be longer than three months from the day of delivery of

judgement.

(1) If the decision for eviction has not been challenged,

the evictee shall leave from the land and remove all movable property

during the time frame set out by the competent authority.

(2) If the decision for eviction has been challenged but is re-

affirmed by the Administrative Review Tribunal or by the Court of

Appeal (Inferior Jurisdiction), the evictee shall leave from the land

during the time frame ordered by the Administrative Review Tribunal

or by the Court of Appeal (Inferior Jurisdiction), which time frame

shall not exceed three months from the day of delivery of judgement.

(3) If an evictee does not evict from the land during the time

frame established in this article, the competent authority may request

a warrant of eviction as referred to in the Code of Organization and Cap. 12.

Civil Procedure or may also request the assistance of the Executive

Police, to use such force as appears to be reasonably necessary for

securing the eviction of the person and the removal from such land of

any movable effect existing therein.

(4) The provisions of articles 534 and 535 of the Civil Code Cap. 16.

and of article 85 of the Criminal Code shall not apply to the execution Cap. 9.

of eviction referred to in sub-article (3).

(1) The competent authority shall not be required to Removal of

provide alternative storage for any such movable property existing in movable

property.

the land during the eviction and will not be held responsible for their

safe custody.

(2) The removal of such movable property shall be carried out

at the complete risk and expense of the evictee, provided that before

the removal of such movable property an inventory of such effects

shall be made and such inventory shall be signed by a representative

of the competent authority and by a Police officer.

The evictee shall be liable to refund the competent Costs related to

authority all reasonable expenses. The collection of such expenses the eviction.

shall be made by the authority in accordance with article 65 of the Cap. 563.

Lands Authority Act.

(1) Following the execution of the eviction and once the Power to sell

evictee has been informed of the expenses incurred, such evictee shall movable

property.

have a period of fifteen days to fully reimburse the competent

authority with all expenses incurred and to collect movable property

seized during the eviction and on failure by the evictee to do so, the

competent authority shall have the right to sell any such movable

property by public auction.

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

proceeds of such public auctions, after the deduction of any amount

due to the competent authority in terms of article 19 and of the fees

incurred for the auction, shall be paid to the person who owns the said

movable property. In the case where the person to whom such

movable property belongs to is unknown, such payment shall be done

through a schedule of deposit that shall be served to the deputy

curators appointed for this purpose by means of an application before

the Civil Court, First Hall or the Court of Magistrates (Gozo) in its

superior jurisdiction, as the case may be.

(3) If any person, having purchased movable property at a

public auction held under the provisions of this Act, fails within

fourteen days from the date of sale of any such movable property to

him, to take delivery of and remove any such movable property, then

any such movable property not removed by the purchaser, shall be

forfeited to the competent authority and the evictee or purchaser shall

have no right to claim any compensation or refund of the price or any

part thereof paid for such movable property as the case may be.

(1) Despite any other law, the competent authority shall,

at all times in the public interest, dissolve a contract of lease when the

lease is made for a determined period of time which has not yet

expired.

(2) The notice of dissolution of the lease shall be made

through a judicial act that shall be served to the lessee.

(1) When the competent authority serves the judicial act

to the lessee it shall establish the period of time within which the

lessee shall evict the premises, which period shall be of not less than

three months both in the case of tenements used for habitation and in

the case of other tenements.

(2) As soon as the notice has been served, the contract of lease

shall be considered to be dissolved with effect from that date, and

thereafter the lessee will no longer have any title on that premises,

and this without the need of any authorisation or confirmation by the

Rent Regulation Board or by any other board or court.

(3) The dissolution of the lease shall not be opposed on the

allegation that there is no necessity therefor in the public interest,

however, if it is proved that the contract is dissolved abusively and not

in the public interest, the lessee shall have a right to such damages as

the Civil Court, First Hall may deem appropriate in the circumstances

including the reinstatement in the possession of the tenement.

(4) If the lessee does not evict the premises within the period of

time granted to him, the competent authority shall have the right of

eviction as referred to in articles 17, 18, 19 and 20.

(1) Where the competent authority who dissolves the

lease would have had a valid reason to dissolve the contract in

accordance with the provisions of articles 1566 to 1575 of this Code,

the lessee shall have no right to compensation.

(2) Where the competent authority who dissolves the lease

would not have a valid reason to dissolve the lease in accordance with

the provisions of articles 1566 to 1575 of this Code, it is to pay to the

lessee a sum to be fixed by the Rent Regulation Board, according to

circumstances, to compensate to the said lessee for the added expenses

incurred by him to vacate the tenement before the expired term as well

as to lease, and transfer to, another tenement as similar as possible to

the one vacated, and this for the unexpired term of the contract, and in

the case of commercial premises, where the lessee proves that he has

suffered a loss in the goodwill because of the dissolution of the

contract, a sum to be fixed by the Rent Regulation Board, according to

circumstances, to compensate for the loss in such goodwill, taking into

account the unexpired term of the lease before the dissolution.

(3) The decision of the Rent Regulation Board shall be subject

to appeal before the Court of Appeal (Inferior Jurisdiction) and the

provisions of article 57(4) of the Lands Authority Act shall mutatis Cap. 563.

mutandis apply to that appeal.

(4) The competent authority and the lessee may also reach an

agreement on the amount of money that shall be paid in accordance

with this article.

(1) Despite any other law, the competent authority may, Dissolution of

at all times in the public interest, give notice by means of a judicial lease

to renew lease

act, served to the lessee to dissolve the agricultural lease contract in of

land.

the case where the lease is for a determined period that has not

expired or to preclude the agricultural lease from being renewed

according to the provisions of the Agricultural Leases (Reletting) Act. Cap. 199.

(2) Article 21 and article 22 that affect the dissolution of lease

of a premises shall mutatis mutandis apply to the dissolution or lack

of renewal of the agricultural lease.

(1) If the competent authority which dissolves the lease Right of

according to article 24, would have had a valid reason to dissolve the compensation

when the lease

lease irrespective of the issue of public purpose, the lessee shall have is failure

no right to compensation.

a lease of

agricultural

land.

(2) If the competent authority which dissolves or rejects to

renew the lease would have no valid reason to dissolve or not renew the

lease, it shall pay to the lessee a fair compensation in respect of any

agricultural improvement carried out by the lessee or by a member of

the family in the said agricultural land or part thereof during the period

of eight consecutive years immediately preceding the date of

termination, and an amount equal to the value of the products gathered

by the lessee or by a member of the family from the said agricultural

land or part thereof, after deduction of the expenses incurred towards

its cultivation, in the last four years immediately preceding the date of

termination

Provided that there shall not be deducted as part of such

expenses the cost of the lessee’s own labour or of the labour of any

member of the family in the agricultural land or part thereof

(3) If the competent authority and the lessee fail to agree on any

amount payable under this article, such amount shall be determined by

the Rural Leases Control Board, on the application of the lessee, and its

decision shall be subject to appeal before the Court of Appeal (Inferior

Jurisdiction).

(1) Where a dissolution or non-renewal is made in

respect of only a part of the agricultural land forming the object of a

lease, the lessee of the land shall have the right, exercisable within

one year from when the competent authority shall take back such part

of the land in accordance with article 24, to terminate the lease also

with regard to the remaining part of the agricultural land

Provided that compensation in respect of such termination

of the lease for the remaining part of the agricultural land shall be

payable to the lessee in accordance with the provisions of this Act

only if he proves that it would not be economically convenient for

him to continue in the lease of that part.

(2) If the lessee does not exercise the right mentioned in sub-

article (1), the lease of the remaining part of the agricultural land shall

be renewed under such conditions as the Rural Leases Control Board,

on the application of the competent authority or the lessee, may deem

fair to establish having regard to the conditions of the lease of the

whole agricultural land which has been dismembered.

Without prejudice to any other provisions of this Act, with

effect from the coming into force of this Act, all lands belonging to

foundations and administrations, administered by the Government

separate from the administration of other land belonging to the

Government shall vest in the Government and the authority shall deal

with and administer the land so vested in it in virtue of this Act in the

same manner as other land belonging to the Government in absolute

property and may dispose of such land accordingly and with effect

from such commencement all liabilities of or due in connection with

such administration shall become liabilities of or due to the

Government by virtue of this Act and any payment so due to be made

by the Government shall be a charge on the Consolidated Fund

without further appropriation other than this Act.

Without prejudice to any consolidation of the directum

dominium with the utile dominium on the vesting of the land as

provided in the last preceding article, the provisions of that article

shall not affect any emphyteusis or lease granted in respect of such

land or any easement to which such land may be subject, and any

such emphyteusis or lease shall for all purposes, be deemed to have

been granted by the Government and be treated accordingly.

With effect from the commencement of this Act, any Obligations tied

burthen or charge to which any of the land referred to in article 27, to

Government.

may be subject to, and any other payment or performance that may,

before the date aforesaid, be due in respect of any such assets, shall

by virtue of this Act, cease to be such a burthen or charge on, or a

payment or performance due in respect of any such land and any sum

or other thing or act which but for the provisions of this article would

have been due to be paid immediately before the commencement of

this Act, shall as from such commencement, be due to be paid or

made by the Government, and any payment so due shall be a charge

on the Consolidated Fund without any further appropriation other

than this Act.

(1) Any person claiming a right of compensation in Claims.

connection to land being vested in the Government, as referred to in

this Act or under any other law, shall have a right of access, by sworn

application against the authority, in the Civil Court, First Hall for the

determination of his interest in or right over that land and the amount

of any compensation to which he may be entitled and for the payment

of such compensation.

(2) An appeal shall lie to the Court of Appeal from the

decision of the Civil Court, First Hall.

(3) No action under this article may be filed after the lapse of

six months after the coming into force of this Act. The period of six

months is a peremptory term which cannot be extended for no reason

whatsoever.

(4) All the provisions of the Agreement incorporated in the

Ecclesiastical (Properties) Act shall apply with regard to any land Cap. 358.

which immediately prior to the coming into force of this Act

belonged to any foundation or administration in whose regards this

Act applies and which, had it not been for the Agreement mentioned

above, an ecclesiastical entity could claim any right of compensation

therefor, and the Joint Office and the Control Committee established

by the said Agreement shall continue to have in respect of the land

mentioned in this sub-article the same functions as they have with

respect to any other land mentioned in or to which the said

Agreement applies.

PART III

Transfer of Government Land

No land which either belongs to the Government or which

is either possessed, kept or administered by the Government shall be

disposed of unless such disposal is made in accordance with one of

the following provisions, that is to say

(a)

after a call for tenders published in the Gazette and

published once in at least two daily local newspapers and in at

least a Sunday newspaper in respect of the property to be

disposed of; or

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

the Gazette and published once in at least two daily local

newspapers and in at least a Sunday newspaper 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)

in accordance with a special resolution of the House

of Representatives which is in force at the time of the disposal

Provided that a resolution of the House of

Representatives approved in terms of this sub-article will

remain valid for one year from the date of approval, however

such resolution can be extended by virtue of another resolution

or other resolutions proposed after another period of one year

Provided that a disposal of land to which this sub-

article is made in accordance with the provisions of this article,

shall not require any further authority or sanction

Provided that before notice of a motion proposing a

resolution, as is referred to in this sub-article, is given to the

Clerk of the House of Representatives by a Minister, such

Minister shall cause such motion to be referred to the National

Audit Office Accounts Committee established under Part IV of

the Second Schedule to the Auditor General and National Audit

Office Act, and no notice of a motion as aforesaid may be given

before the said committee shall have discussed the motion and

reported thereon to the House of Representatives

Provided that not later than fifteen days after a

Minister shall have caused a notice as referred to in this sub-

article to be referred to it, the National Audit Office Accounts

Committee shall meet to discuss the draft deed or writing or

notice, as the case may be, and shall not later than one month

after the said draft deed or writing or notice, as the case may be,

has been referred to it, report thereon to the House of

Representatives

Provided that where the said Committee fails to

report to the House of Representatives in a final manner within

the said period of one month, the Minister may proceed to give

notice to the Clerk of the House of Representatives proposing a

resolution as is referred to in this sub-article

Provided that when the Committee refereed to in

this sub-article is convened for the purposes of this Act, they

shall have the right to attend, and take part in the debate in this

Committee, without the right to vote

Provided that where the report of the National Audit

Office Accounts Committee on a motion is unanimous, the

House of Representatives shall proceed to vote on such motion

and on any amendments proposed in the said report without

debate; or

(d) to the ministry, department, authority, corporation,

company, agency, local council or any other entity that operates

under the public administration; or

(e)

where a change of any condition included in the

disposal of any land consists of a modification to the conditions

of a lease or to the conditions of a contract of emphyteusis or

sub-emphyteusis which is made for a public purpose as defined

in this Act, such disposal may also be made without adherence

to any of the procedures or formalities prescribed in this article

but in such case it shall only have effect after the following

conditions are satisfied

(i) that the Minister responsible for lands shall

within four weeks from the conclusion of a conditional

agreement to make the modification or if the House of

Representatives is not in session at the end of the said

period within four weeks from the date when the House

of Representatives next meets, lay a copy of the contract

of lease or emphyteusis or sub- emphyteusis indicating

the modifications proposed on the Table of the House of

Representatives; and

(ii) the modification aforesaid shall only be valid

and come into effect if, after the procedure stipulated in

sub-paragraph (i) has been completed, the House of

Representatives does not within a period of twenty-eight

days after the completion of the said procedure resolve

that the modification shall be rejected or amended, and

immediately upon the expiry of the said period of

twenty-eight days the modification shall, unless it is

rejected as aforesaid, come into effect as originally

proposed or as amended by means of the said resolution;

or

(f)

in accordance with any other law for the time being

in force; or

(g)

according to one of the following

(A) Transfer by title of sale

(i) Apartments, dwelling houses or garages

belonging to the Government may be sold by the

competent authority through a public notice on the

conditions laid down in such notice.

(ii) The sale of an apartment or dwelling house

can only be effected in favour of those persons who

are making use of that apartment or dwelling house

as a means of their own ordinary residence, while in

the case of a garage the sale can only be effected in

favour of who has a valid title on that garage which

title is recognised by the competent authority.

(B) Redemption of emphyteusis

(i) The directum dominium or the utile

dominium whether it is perpetual or temporary on

apartments, dwelling houses or garages belonging to

the Government can be redeemed by the emphyteuta

through a public notice issued by the competent

authority and this under the conditions established in

that notice.

(ii) The redemption of emphyteusis does not

terminate the conditions that are imposed on the

emphyteuta in accordance with the contract of

emphyteusis.

(iii) The conditions imposed in a contract of

emphyteusis may be renounced by the competent

authority, provided that the emphyteuta pays the

adequate compensation that is at the satisfaction of

the competent authority to set aside those conditions.

(C) Transfer by title of temporary emphyteusis

(i) Government land may be transferred by title of

temporary emphyteusis

(a) if it consists in land which is offered for

residential purposes 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

the competent authority 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 of land granted for a period of

fifty (50) years to licensed and, or registered

livestock farmers; or

(d) if it consists of land granted for

humanitarian, philanthropic, cultural or social

reasons.

(D) Emphyteutical

concessions

for

residential

purposes

Emphyteutical concessions for residential

purposes for an established period of time may

become perpetual emphyteusis in accordance with

the regulations issued by the Minister or through a

public notice issued by the competent authority and

under the conditions laid down in such notice.

(E) Government land may be given by lease

(i) if it consists in a building not being a

building for commercial use after the issue of a

public notice indicating, at least in a general manner,

the criteria on which the award will be made;

(ii) if it consists in a 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;

(iii) if it consists in a building which is offered

for an industrial project after applicant would have

satisfied the competent authority about the benefits

which the project would render to the country’s

economy and that it would create an adequate

number of jobs;

(iv) if it consists in agricultural or rural land

which is offered on agricultural lease in accordance

with the regulations issued by the Minister through a

public notice issued by the competent authority and

under the conditions laid down in that notice;

(v) it consists of land allocated 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;

(vi) if it consists of a land that is allocated to

licensed lotto receivers, if the aforementioned land has

already been allocated as a lotto office;

(vii) if it consists in a building including 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;

(viii) 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;

(ix) if it consists of a concession under a

temporary title for a maximum period of time of ten

years of land situated outside Malta; or

(x) if it consists of land granted for

humanitarian, philanthropic, cultural or social

reasons

Provided that the competent authority may at

any time give the lessee the right to sublet or give up

his lease in favour of third persons.

(F) Commercial lease

(i) Premises leased for commercial purposes

before the entry into force of this Act may be renewed

after the lapse of the lease period provided that such

leases shall in all cases be terminated by the 1st of

June 2028.

(ii) Unless a lease contract was entered into for a

longer period, the lessee shall return the leased

commercial premises by the 1st of June 2028.

(iii) Upon termination of the lease, the lessee shall

have the right of first refusal in the event that the

competent authority opts to dispose of the land under

whichever title.

(G) Necessary rights for adequate use of a land

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.

(H) Encroachment

(i) Any competent authority may grant an

encroachment to any person who is occupying

Government land for temporary and specific use.

(ii) When the competent authority grants to a

person the right to occupy a land by way of

encroachment, it shall have the right to take it back

whenever it wants and for any reason whatsoever and

the person who benefits from the encroachment shall

return the land immediately or return it by the given

date, and the authority shall not be held responsible

for any loss or damages suffered by that person in

view of the termination of the encroachment.

(iii) Occupation by way of encroachment may be

conferred either by payment or gratuitously, provided

that in every case the encroachment shall confer no

title whatsoever to the occupier of such land.

(iv) The fact that a person has paid money to

occupy a land by way of encroachment for a definite

period of time shall not preclude the competent

authority from demanding the return of the land before

the lapse of the definite period and the person

benefiting from the encroachment shall have no right

whatsoever over that land saving the right to get back

the money paid in excess to the competent authority

given that the land was not occupied for the whole

period of time specified in the encroachment.

(I)

Transfer of land on the sea shore or in any other

place

(i) Government land situated on the sea shore or

on any other place, 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 any period the competent authority deems

fit, which title may be renewed.

(ii) The building with all improvements made

thereon, other than existing movables, shall revert to

Government on the expiration of the lease without

any right of compensation.

(J)

Land given by exchange

(i) Government land may be given by exchange

with any other land which is declared as required for

a public purpose under this Act.

(ii) If the land that has been declared to be

required for public purpose has more than one owner,

the exchange shall be done with all the owners and

there cannot be an exchange with one of the owners

whilst excluding the other owners.

(iii) When a difference exists in the value of the

two lands 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 the value of the expropriated land.

(iv) Any damages sustained due to the

expropriation of such land shall form part of the

value of the same land.

(K) Tale quale transfer for relative compensation

(i) Any land comprised in such Building

Development Areas, also including such land in

Building Development Areas which have been

revoked, and which have not been utilised 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 land which is so transferred and for which an

application has been submitted, with money’s worth

for each 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.

(ii) 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 hypothec, 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 the Revision of Cap. 432.

certain Lands Act 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.

(iii) The person to whom such land is transferred

shall also be obliged to bind itself on the same deed

to recognize any right of 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 Revision of certain Lands Act.

(iv) The expenses relating to the deed of transfer

shall be paid by the competent authority.

(L) Regulations

In accordance to the regulations issued by the

Minister under this Act.

Offers for the disposal of government land may be made

subject to the right known as the right of first refusal

(i)

to the empytheuta or to the lessee who was the last

person to occupy such land;

(ii) to the possessor who has the land which is situated

above, below or adjacent to Government land; or

(iii) to the possessor who prior to the offer of disposal

has been relocated or asked to relocate from Government land

and who has not yet been granted an alternative place.

(1) Any disposal of land, to which article 31 applies,

which was disposed of differently from the provisions of that article,

shall be null and void.

(2) The nullity of a disposal made in contravention of the

article aforesaid may be demanded by the parties involved in the

disposal and also by the Attorney General or by any person who is a

member of the House of Representatives at the time of the demand

before the Civil Court, First Hall.

(3) The effects and consequences referred to in articles 541

and 543 of the Civil Code shall apply to whosoever acquires land in

violation of article 31 of this Act.

(1) Any person who enters into or appears on any deed,

instrument or contract (whether in his own name or on behalf of

others) in contravention of any of the provisions of article 31, and any

person who induces any other person to enter into or appear on any

such deed, instrument or contract as aforesaid or the making thereof,

or aids or abets any of the aforesaid acts, shall be guilty of an offence

and shall be liable on conviction to a fine (multa) not exceeding five

thousand euro (€5,000) or to imprisonment not exceeding six months

or to both such fine and imprisonment

Provided that it shall be a defence for any person to prove that

he took reasonable steps to ascertain that the deed, instrument or

contract would not, where made, be in contravention of the provisions

aforesaid.

(2) For the purposes of any proceedings under sub-article (1),

a Declaration made by a court of competent jurisdiction that a

disposal is null and void on the grounds that it was made in

contravention of any of the provisions of article 31, or a mere

Declaration that it was so made, shall be conclusive evidence that the

disposal was made in contravention of these provisions; and where

any action for any such Declaration has been taken, the period of

prescription in respect of any offence against this article shall be

suspended until a final judgement on the issue is given or the action is

abandoned.

(1) The land shall automatically revert back to the Termination of

competent authority upon expiry of the emphyteutical term, provided emphyteusis.

that the emphyteuta shall have the right of first refusal in the event that

the competent authority opts to dispose again of that land following the

lapse of the emphyteutical term.

(2) The competent authority may also after the expiration of

temporary emphyteusis decide to extend the temporary emphyteusis

for a specific period of time on payment of a yearly revisable ground

rent that reflects the value of the land in the market.

PART IV

Acquisition of Lands for Public Purposes

(1) The authority may acquire any land required for any Methods of

transfer.

public purpose, either

(a)

by the absolute purchase thereof; or

(b) for the possession and use thereof for not more than

ten years.

(2) The authority can acquire part of a land by absolute

purchase and part of it by possession and use.

(3) Where the land is to be acquired on behalf and for the use

of a third party for a purpose connected with or ancillary to the public

interest or utility, the acquisition shall, in every case, be by the

absolute purchase of the land.

(4) No land shall be acquired any more by public tenure and all

those lands which are held by public tenure shall be acquired by

absolute purchase or by possession and use as laid down in the Act or

else be relinquished to the owner.

(1) Whenever the authority considers it desirable that

any land should be examined with a view to its possible acquisition

for any public purpose, it may make a Declaration, signed by the

Chairperson of the Board of Governors of the Lands Authority to that

effect, and thereafter it shall be lawful for any person either generally

or specially authorised by the authority in that behalf, and for the

assistants and workmen to do all or any of the following things

(a)

to enter upon and survey and take levels of any such

land;

(b)

to dig or bore under the subsoil;

(c)

to do all other acts necessary to ascertain whether

the land is adapted for such purpose;

(d) to clear, set out and mark the boundaries of the land

proposed to be taken and the intended line of work proposed to

be made thereon

Provided that no person shall enter into any building

or upon any court or garden attached to any dwelling-house

except with the consent of the occupier thereof, without

previously giving such occupier at least seven days notice of his

intention to do so.

(2) As soon as conveniently may be after any entry made

under sub-article (1), the authority shall pay for all damage done, and

in case of dispute as to the amount to be paid, the authority or the

person claiming compensation may refer such dispute to the

Arbitration Board.

(1) The Chairperson of the Board of Governors of the

Lands Authority may by Declaration signed by him declare any land

to be required for a public purpose.

(2) Any Declaration issued by the Governor General of Malta

or by the President of Malta before the entry into force of this Act

shall for all the purposes and effects of the law be considered to have

been issued by the authority.

(1) The signed Declaration by the Chairperson of the

Board of Governors of the Lands Authority shall be published in the

Gazette and also published for at least once in two daily or Sunday

local newspapers, and it shall contain well-defined details to identify

the land that is being acquired for public purposes and it shall also

mention the public purpose for which such land is being required.

(2) The Declaration shall also state the amount of compensation

which the authority is willing to pay for the land to which the

Declaration refers. The Declaration shall have attached with it a

valuation drawn up in terms of the provisions of this Act and a site plan

of the land described in the Declaration.

(3) In the case of acquisition of land for possession and use,

the Declaration shall indicate the number of years during which the

land shall be kept by the authority, as long as that period of time does

not exceed ten years, and it shall specify the whole amount of

compensation that the authority is willing to pay as an acquisition rent

for all the years that the land is going to be kept.

(4) Acquisition rent shall be payable to the person who is

entitled to receive, or is immediately entitled to let and receive, the

rental on lease of the land affected or the tutor, curator, administrator,

procurator or other representative of the person so entitled.

(1) So long as this is physically possible, the authority Notice of

shall by not later than fourteen days following the publication of the Declaration.

Declaration of the Chairperson of the Board of Governors of the Lands

Authority in the Gazette and at least a one time announcement in two

daily or Sunday local newspapers, attach a copy of the Declaration and

of the site plan upon or near the land in respect of which the

Declaration was issued.

(2) The authority shall also ensure that within the same time,

the notice of such Declaration is shown on the notice board of the

office of the Local Council and of the Police station in the locality

where the land is situated.

(3) When the required land for public purpose is occupied by

any person, the authority shall, by means of a judicial act presented in

the register of the Arbitration Board, forward a copy of the

Declaration and the plan to those persons occupying the land

Provided that the fact that any notification has been served upon

any person shall not be taken as an admission by the competent

authority that the person on whom such notice has been served or any

other person has any ownership or interest in the land or any part of the

land specified in the notice, and shall not debar the authority from

alleging in any proceedings under this Act or otherwise that all rights in

or in relation to such land are vested in the Government of Malta.

(1) Any person who has an interest in the land, in respect

of which a Declaration by the Chairperson of the Board of Governors

of the Lands Authority as is referred to in article 38 (1) is made, may

contest the public purpose of the said Declaration and demand for its

cancellation before the Arbitration Board by means of an application to

be filed in the registry of the said Board within fifty days from the

publication of the said Declaration.

(2) The application filed in accordance to sub-article (1) shall

be served to the authority, who has a right to submit a reply within

twenty days.

(3) The Arbitration Board shall set down the application for

hearing without delay, and after listening to the witnesses and the

submissions of the parties, it shall pass judgement within the shortest

time possible but not any later than two months from the closing date

within which the authority had to file its reply.

(1) Any party that feels aggrieved by any decision given

by the Arbitration Board in accordance with article 41 may appeal

before the Court of Appeal (Superior Jurisdiction) as constituted in

accordance with article 41 (1) of the Code of Organization and Civil

Procedure by means of an application filed in the registry of that court

within twenty days from the date of such decision.

(2) The Court of Appeal (Superior Jurisdiction) shall set down

the cause for hearing at an early date, in no case later than two months

from the date on which the appeal is brought before it and shall cause

notice of such date to be given to the parties to the suit who, on their

part, shall assume the responsibility to visit the court registry and be

aware of the latest information regarding the appointment for the

hearing of the case.

(3) After appointing the application for hearing, and after

listening to the oral submissions made by all parties, the Court shall

decide the application on its merits, within the shortest time possible

but not any later than six months from the day when the appeal had

been filed and the parties have been duly notified.

The Chairperson of the Board of Governors of the Lands

Authority may at any time revoke any Declaration issued under this Act

or before by means of a notice in the Gazette and at least once in two

daily or Sunday local newspapers, provided that any revocation shall be

registered with the Land Registry and the Public Registry.

(1) If a Declaration for expropriation was issued without Issuance of a

indicating the compensation being offered for that land, the new

Declaration.

Chairperson of the Board of Governors of the Lands Authority may

issue a fresh Declaration wherein it shall be stated the amount of

compensation which the competent authority is willing to pay for the

land to which the Declaration refers.

(2) This new 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.

(3) If a fresh Declaration is issued the value and classification

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

classification of such land on the date when the first Declaration has

been issued.

(4) The provisions of articles 52, 53, 54 and 55 shall apply to

all fresh Declarations issued by operation of this article.

(1) The authority shall have the right to enter the land and Effects of the

take possession thereof if no contestation is made to the Declaration as Declaration.

mentioned in article 41.

(2) If a contestation has been made and the Arbitration Board

or the Court of Appeal (Superior Jurisdiction) according to the case,

dismisses claim for the revocation of such Declaration, the authority

shall have the right to take the land into possession within fourteen

days from when the decision of the Arbitration Board or the Court of

Appeal (Superior Jurisdiction) has become res judicata.

(3) If the land of which possession is so required, is a dwelling

house actually occupied as such, the occupier shall not be required to

yield up possession thereof before the lapse of fourteen days from the

date when alternative accommodation, reasonably sufficient for the

persons resident in that dwelling house, has been offered in writing by

the authority to the said occupier.

(4) On the lapse of time mentioned in sub-articles (2) or (3)

the authority may without any further formality enter upon and take

possession of the land or authorize any person to enter upon and take

possession of the land and, notwithstanding any restriction imposed

on such land by any other law or by any instrument or otherwise, do

or authorize any person to do in or upon or in relation to such land

any work or other thing whatsoever which any person having an

unrestricted interest in the land would be entitled to do by virtue of

that interest saving the liability of the authority to re-instate the land

or pay compensation for any damage caused if in the cases permitted

by this Act the acquisition is not completed.

An owner shall not be required to sell or convey to the

authority a part only of any house or other building, if such owner is

willing and able to sell and convey the whole thereof.

(1) An owner shall not be required to sell or convey to

the authority a portion only of a building site, if the remaining portion

measures less than two hundred and twenty square metres, or if, in the

opinion of the Arbitration Board, the remaining portion, owing to its

conformation and extension, will cease to be adaptable for building

purposes under the laws and regulations relating to building.

(2) In any such case the authority shall acquire the whole site

Provided that if the owner owns adjacent land, the

Arbitration Board may declare that the foregoing provisions of this

article do not apply to the land to be acquired.

An owner shall not be required to transfer a portion only of

any land if such portion exceeds three quarters of the area of the

whole and the remaining portion measures less than one thousand one

hundred and twenty-four square metres and that owner does not own

any adjacent land.

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 the case may be.

(1) Land shall be deemed to be a building site for the

purposes of this Act if it falls within the limits of a building scheme

or as indicated and approved for development in a Spatial Strategy for

Environment and Development or subsidiary plan which has been

adopted for the time being in force under any law relating to planning.

(2) The compensation due for that building site, shall be

calculated in accordance with the provisions of this Act.

(1) The amount of compensation to be paid for any land

required by the authority may be determined at any time by agreement

between the authority and the owner.

(2) Any agreement reached between the authority and the

owners regarding the amount of compensation shall be done through

a notarial act which shall be registered in the Public Registry and the

Lands Registry.

(1) The authority shall deposit in an interest bearing

bank account which will guarantee a minimum of interest per annum

as the Minister may by regulation under this sub-article prescribe, a

sum equal to the amount of compensation offered in the Declaration

drawn up by the chairperson of the Board of Governors of the Lands

Authority.

(2) If there is no contestation as referred to in article 41, the

deposit referred to in sub-article (1) shall be made within a period of

fifteen days running from when the time for contesting the Declaration

has elapsed. If there is a contestation which is then dismissed, the

fifteen day period starts running from when the decision of the

Arbitration Board or the Court of Appeal (Superior Jurisdiction) has

become res judicata.

(3) Whosoever satisfies the Arbitration Board that he is an

owner of that land by virtue of a valid title may request for the Board’s

authorization to withdraw the deposited sum as referred to in this

article, together with the interest accrued thereon.

(4) This action shall be done by means of an application filed

in the registry of the Arbitration Board which shall be addressed

against the authority who shall have a right of reply within twenty

days from when it has been served with the application.

(5) The amount deposited as provided in this article together

with any interests accruing thereon may be withdrawn whether or not

the sum deposited as compensation has been accepted as the amount

of compensation due, and the withdrawal of such deposit interests

shall not prejudice the right competent to any person to take action

according to this Act for the purpose of determining any further

compensation that may be payable to him in accordance with this Act.

Upon making the deposit as referred to in the previous Effects of

article, the absolute ownership of the land to which the Declaration deposit.

refers shall be deemed to be a registration area for the purposes of the

Land Registration Act and the absolute ownership thereof shall, by Cap. 296.

virtue of this Act and without any further assurance or formality, be

transferred to and be acquired by the Government free and

unencumbered from any charge, hypothec or privilege and the

absolute ownership thereof and the authority shall cause such land to

be registered in the Public Registry and in the Lands Registry in its

name in accordance with the Land Registration Act, provided that this

shall be done within a period of three months from when the deposit

has been done.

The right to withdraw the compensation deposited in The right of

accordance with this article and to any further compensation that may compensation

an immovable

be due for the purposes of this Act (hereinafter referred to as “the right.

compensation rights”) shall be deemed to be an immovable right by

reason of the object to which it refers and shall be transferable

accordingly. Any charge, hypothec or privilege which prior to the

acquisition of the land by the authority, shall continue to attach to the

compensation rights with the same ranking and priority as it attached

to the land.

(1) When an owner feels that the amount of

compensation offered to him by means of a Declaration is not

appropriate, such person may apply to the Arbitration Board for the

determination of the compensation in accordance with the provisions

of this Act.

(2) Such application shall, on pain of nullity, state the

compensation, that in the opinion of the applicant is due and it shall

be served to the authority who shall have twenty days to file a reply.

(3) The application shall be filed by not later than five years

from when the Declaration by the chairperson of the Board of

Governors of the Lands Authority has been published as referred to in

article 39(1) and (2), provided that if such an application is not filed,

the owner shall only have the right over the deposited sums and the

interests mentioned in article 52.

(4) The Arbitration Board shall determine such compensation

and shall give all necessary orders and directives in accordance with

this Act, if it is satisfied that the applicant has proved that he has a

valid title on that land.

(1) There shall be an Arbitration Board to be known as

the Land Arbitration Board.

(2) The Arbitration Board shall consist of a chairman who

shall be appointed by the President of Malta. The chairman shall be a

person who holds or has held the office of judge or a person who

holds the office of magistrate.

(3) The President of Malta may appoint several such judges or

magistrates to sit on the Arbitration Board, but only one such judge or

magistrate shall sit in any one case.

(4) The President of Malta shall also appoint a Panel of periti

for the purpose of assisting the Arbitration Board in the valuation of

land and in other technical matters. The said Panel of periti shall be

appointed from among persons who hold the warrant to practice as

periti according to the provisions of the Periti Act and who have

practised that profession in Malta for not less than seven years.

(5) The members on the list are to be appointed for a period of

five years. The members of the Panel who have been appointed to

exercise their functions and to also commence assisting the Arbitration

Board in the valuation of the land and in other technicalities cannot be

reappointed. However, other members of the Panel who have not been

appointed to exercise their functions and therefore they did not

commence to assist the Arbitration Board in the valuation of the land

and in other technicalities may still be reappointed.

(6) The provisions of articles 733,734,735,737 and 739 of the

Code of Organization and Civil Procedure shall apply to the chairman Cap. 12.

and to the members of the Panel and any exception to any member of

the Panel shall be decided by the chairman and shall be subject to

appeal in accordance with the same procedure referred to in article

(1) Meta ċ-chairman ikun persuna li kellha l-kariga ta’ Ġurament li

mħallef iżda li ma għadhiex tokkupa dik il-kariga, huwa għandu jieħu jittieħed

chairman u

quddiem l-Avukat Ġenerali ġurament li jwettaq il-funzjonijiet tiegħu membri

jinsabu fil-lista.

taħt dan l-Att bil-ħaqq u skont il-liġi.

(2) Il-membri li jinsabu fuq il-lista ma għandhomx jibdew

iwettqu d-dmirijiet tagħhom sakemm ma jkunux ħadu ġurament

quddiem iċ-chairman li jwettqu l-funzjonijiet tagħhom taħt dan l-Att

bil-ħaqq u skont il-liġi.

(1)

Il-Bord tal-Arbitraġġ jista’

(a)

jordna illi jingħata pussess minnufih ta’ art lill-

awtorità;

(b)

jordna t-trasferiment ta’ art lill-awtorità bi proprjetà

assoluta;

(ċ)

jordna li art tiġi mqiegħda taħt servitù;

(d) jiffissa l-ammont ta’ kumpens li għandu jitħallas

taħt id-dispożizzjonijiet tal-Att u għal dan l-iskop jiddikjara

jekk area hijiex art tajba għall-bini jew le, b’dana li l-ammont

ta’ kumpens li jiġi determinat mill-Bord m’għandux jeċċedi l-

ogħla ammont ta’ kumpens li jkun ġie propost minn xi waħda

mill-partijiet;

(e)

jordna li d-dikjarazzjoni ta’ esproprjazzjoni tiġi

mħassra;

(f)

jordna illi art tingħata lura lis-sid;

(g)

jillikwida u jagħti danni materjali u morali;

(h)

jaqta’ kwistjonijiet marbuta ma’ mgħax;

(i)

jiddetermina min huwa s-sid jew min għandu xi

titolu fuq l-art li tkun ġiet milquta mid-dikjarazzjoni jew li tkun

ġiet okkupata mill-Gvern mingħajr ma tkun inħarġet dik id-

dikjarazzjoni;

(j)

jiddetermina d-data meta l-Gvern ħa l-pussess tal-

art;

(k) isejjaħ persuni biex jidħlu parti fil-proċeduri bil-

għan li jiġi stabbilit min huwa s-sid jew min għandu xi titolu fuq

l-art li tkun ġiet milquta mid-dikjarazzjoni jew li tkun ġiet

okkupata mill-Gvern mingħajr ma tkun inħarġet dik id-

dikjarazzjoni; u

(l)

jordna l-eżekuzzjoni tad-deċiżjonijiet tiegħu.

(2) Il-Bord tal-Arbitraġġ għandu l-istess setgħat illi l-

Prim’Awla tal-Qorti Ċivili għandha skont il-liġi, u, mingħajr ħsara

tad-dispożizzjonijiet ta’ dan l-Att id-dispożizzjonijiet tal-Kodiċi ta’ Kap. 12.

Organizzazzjoni u Proċedura Ċivili jgħoddu, safejn jistgħu jgħoddu,

għall-Bord tal-Arbitraġġ.

(3) L-atti kollha joħorġu fl-isem tal-Bord tal-Arbitraġġ u

jkunu ffirmati miċ-chairman.

(4) Iċ-chairman jiddeċiedi dwar l-ammissibbiltà ta’ provi, il-

kompetenza ta’ xhieda u dwar kwistjonijiet oħra ta’ proċedura.

(5) Ir-Reġistratur tal-Qrati, jew persuna oħra maħtura minnu,

hu r-reġistratur tal-Bord tal-Arbitraġġ, u l-atti kollha mressqin

quddiem il-Bord jinżammu fir-Reġistru tal-Qrati Superjuri li għandu

jkun ir-reġistru tal-Bord.

(6) L-atti kollha għandhom jiġu ppreżentati, maħruġin u

nnotifikati skont id-dispożizzjonijiet tal-Kodiċi ta’ Organizzazzjoni u Kap. 12.

Proċedura Ċivili, mingħajr ħsara tar-regolamenti li jiġu magħmulin

taħt dan l-Att.

(7) Il-partijiet għandhom jinstemgħu f’jum li jiġi stabbilit

mill-Bord tal-Arbitraġġ.

(1) Kull meta jkun hemm kwistjoni quddiem il-Bord tal- Rapport tal-

Arbitraġġ li tkun teħtieġ l-istima ta’ xi art jew kull fehma teknika oħra membri.

dwar każ li jkun qed jittratta l-Bord, iċ-chairman għandu jassenja

tnejn mill-membri li jinsabu fuq il-lista sabiex jeżaminaw l-art

relattiva, jew sabiex jaraw dik il-parti tal-proċess li jkollha x’taqsam

mal-kwistjoni li dwarha tinħtieġ il-fehma teknika; u dawk iż-żewġ

membri għandhom jippreżentaw ir-rapport tagħhom liċ-chairman

waqt is-seduta jew jippreżentaw dak ir-rapport fir-Reġistru tal-Bord

hekk kif iċ-chairman jista’ jordna. Ir-rapport għandu jkun aċċessibbli

għall-partijiet li għandhom jingħataw l-opportunità li jressqu

mistoqsijiet bil-miktub dwaru lill-membri tal-lista u li jikkummentaw

fuqu lill-Bord

Iżda l-partijiet, mingħajr preġudizzju għad-dritt tagħhom

illi waqt l-istadju tal-provi jressqu x-xhieda ta’ esperti ex parte, ma

jkollhomx id-dritt li jitolbu l-ħatra ta’ periti addizzjonali.

(2) Meta r-rapport ikun jikkonsisti jew jinkludi valutazzjoni,

tali valutazzjoni trid tkun magħmula skont id-dispożizzjonijiet ta’ dan

l-Att.

(3) Iċ-chairman jista’ wkoll jeħtieġ il-membri li jinsabu fuq il-

lista li jiġu assenjati għal xi każ li jattendu għas-seduta tal-Bord tal-

Arbitraġġ meta dak il-każ ikun qiegħed jinstema’ mill-Bord kif huwa

jqis xieraq jew jekk l-imsemmija membri jeħtieġu tagħrif iktar mill-

partijiet jew jeħtieġu jinstemgħu xi xhieda partikolari.

(4) Iċ-chairman għandu jiddeċiedi l-kwistjoni huwa stess wara

li jkun ikkunsidra b’mod xieraq ir-rapporti taż-żewġ membri tal-lista

u kull att ieħor rilevanti ppreżentat jew sottomissjonijiet magħmula.

Meta, matul il-proċedimenti quddiem il-Bord tal-

Arbitraġġ, tinqala’ xi kwistjoni li mhijiex inkluża taħt l-artikolu 58

(1), il-Bord għandu jirriserva li dik il-kwistjoni tiġi deċiża mill-

Prim’Awla tal-Qorti Ċivili u għandu jistabbilixxi żmien għall-parti li

tqajjem dik il-kwistjoni li fih tressaqha b’rikors ġuramentat quddiem

l-imsemmija qorti; il-Bord għandu mbagħad jaġġorna l-proċedimenti

sakemm tingħata deċiżjoni finali fuqha mill-Qorti Ċivili jew sakemm

jgħaddi l-imsemmi żmien, liema minnhom ikun l-aktar kmieni

Iżda, jekk il-parti li tqajjem dik il-kwistjoni quddiem il-

Bord ma ġġibx l-azzjoni relattiva kif intqal qabel quddiem il-Qorti

Ċivili, il-parti l-oħra tkun tista’ ġġib l-azzjoni bl-istess mod kif intqal

hawn qabel, u f’dan il-każ il-proċedimenti quddiem il-Bord ma

jitkomplewx qabel ma tingħata d-deċiżjoni finali tal-Qorti Ċivili

Iżda wkoll -

(a)

ir-riserva ta’ punt ta’ liġi jew ta’ fatt mhix ta’

impediment għall-awtorità biex tieħu pussess ta’ art fiż-żmien

iffissat mill-Bord;

(b) l-awtorità mhix obbligata tidħol fi kwistjoni li

tinqala’ bejn il-komproprjetarji; u l-awtorità ma tbati ebda spiża

żejda li ssir minħabba t-tqassim tal-kumpens bejn il-partijiet

interessati f’dik l-art.

(1) Il-Bord tal-Arbitraġġ, meta jiġi biex jiffissa l-

kumpens f’każ ta’ xiri b’mod assolut, għandu josserva dawn ir-regoli

(a)

ebda żjieda m’għandha tingħata minħabba illi l-

akkwist ikun obbligatorju;

(b) il-valur tal-art għandu jittieħed li hu l-ammont illi l-

art tista’ ġġib kieku tiġi mibjugħa fis-suq minn sidha

volontarjament;

(ċ)

il-valur tal-art huwa l-valur illi jkollha l-art fiż-

żmien tal-pubblikazzjoni tad-dikjarazzjoni kif aġġornat mas-

snin skont l-indiċi ta’ inflazzjoni ppubblikat fl-iskeda tal-

Ordinanza li Tneħħi l-Kontroll tad-Djar, u mingħajr ma jittieħed

qies ta’ benefikati jew xogħlijiet magħmulin jew mibnija minn

xi awtorità kompetenti;

(2) Meta l-kumpens li għandu jkun iffissat ikun għall-pussess

u użu biss, l-ammont ta’ kera ta’ akkwist għaż-żmien kollu li l-art

sejra tkun miżmuma għandu jkun iffissat skont l-ammont illi l-art

tista’ ġġib kieku tiġi mikrija fis-suq minn sidha volontarjament;

(3) Barra mill-imgħax li jinġema’ fuq is-somma depożitata

skont l-artikolu 52(1), il-Bord tal-Arbitraġġ jista’ jordna fis-sentenza

tiegħu li s-sid jieħu mgħax sempliċi bir-rata ta’ tmienja fil-mija fis-

sena fuq il-kumpens finali li jiġi likwidat mill-Bord liema mgħax

għandu jibda għaddej minn meta s-sid ikun ressaq ir-rikors tiegħu

skont l-artikolu 55.

Meta jkun ġie stabbilit il-kumpens li jitħallas dwar art li Ħlas tal-

tkun ġiet akkwistata bix-xiri assolut tagħha, sew jekk bi ftehim sew kumpens.

b’deċiżjoni tal-Bord tal-Arbitraġġ, kull somma dovuta bħala kumpens

iktar minn kull somma ddepożitata flimkien mal-imgħax, għandha

titħallas lill-persuna li jkollha jedd għal dik is-somma mill-awtorità

mhux aktar tard minn tliet xhur mid-data meta dak il-kumpens ikun

ġie stabbilit kif hawn qabel imsemmi.

(1) Jekk art li fuqha tkun inħarġet dikjarazzjoni qabel Azzjoni biex

id-dħul fis-seħħ ta’ dan l-Att tibqa’ ma tiġix akkwistata skont waħda tiġi

dikjarazzjoni

mill-għamliet imsemmija f’dan l-Att u dik l-art ma tkunx intużat f’sitwazzjoni

fejn art għadha

għall-iskop pubbliku għal perjodu ta’ aktar minn għaxar snin minn ma ġietx

meta tkun inħarġet id-dikjarazzjoni, kull min juri għas-sodisfazzjon akkwistata.

tal-Bord tal-Arbitraġġ li huwa sid b’titolu validu ta’ proprjetà fuq dik

l-art jista’ jitlob li dik id-dikjarazzjoni tiġi mħassra u li l-art tiġi

mrodda lura lilu.

(2) Din l-azzjoni għandha ssir permezz ta’ rikors ippreżentat

fir-Reġistru tal-Bord tal-Arbitraġġ li għandu jiġi indirizzat kontra l-

awtorità li jkollha jedd ta’ għoxrin jum biex twieġeb minn mindu tiġi

notifikata bir-rikors.

(3) Flimkien mat-talbiet għat-tħassir tad-dikjarazzjoni u tar-

radd lura tal-art, tista’ ssir ukoll talba biex il-Bord tal-Arbitraġġ

jillikwida u jordna lill-awtorità tħallas id-danni materjali u d-danni

morali li ġew imġarrba mis-sid għas-snin kollha li l-art kienet

miżmuma mill-Gvern mingħajr ma sar xejn fuqha.

(4) Biex ir-rikors ikun jista’ jinstema’ u jiġi deċiż mill-Bord

għandhom ikunu preżenti fil-proċeduri, il-persuni kollha magħrufa li

għandhom xi jedd ta’ titolu fuq din l-art.

(5) Il-Bord tal-Arbitraġġ għandu jiċħad ir-rikors għat-tħassir

tad-dikjarazzjoni jekk kemm-il darba l-awtorità tagħti raġunijiet

validi għaliex l-art baqgħet ma ntużatx għal dawn is-snin kollha jew

juri għas-sodisfazzjoni tal-istess Bord li għad hemm interess

pubbliku fl-akkwist ta’ dik l-art.

(6) Kull persuna titlef il-jedd ta’ azzjoni skont dan l-artikolu

jekk hija tonqos milli tipproċedi fi żmien tletin sena minn meta tkun

inħarġet id-dikjarazzjoni, b’dana li jekk meta jidħol fis-seħħ dan l-

Att jkunu ġa għaddew ħamsa u għoxrin sena minn meta tkun inħarġet

id-dikjarazzjoni, l-azzjoni għandha titmexxa sa mhux aktar tard minn

ħames snin minn meta jidħol fis-seħħ dan l-Att. Dawn il-perjodi

huma perentorji u ma jistgħux jiġġeddu.

(1) Meta art tkun soġġetta għal dikjarazzjoni qabel id-

dħul fis-seħħ ta’ dan l-Att u l-Gvern ikun ħa l-pussess tagħha iżda ma

jkun qatt inħareġ avviż tal-ftehim jew ikun ġie indikat il-kumpens

għall-akkwist ta’ dik l-art, kull min juri għas-sodisfazzjon tal-Bord

tal-Arbitraġġ li huwa sid b’titolu validu ta’ proprjetà fuq dik l-art

jista’ jitlob li dik l-art tiġi akkwistata b’xiri assolut mill-awtorità.

(2) Din l-azzjoni għandha ssir permezz ta’ rikors ippreżentat

fir-Reġistru tal-Bord tal-Arbitraġġ li għandu jiġi indirizzat kontra l-

awtorità li jkollha jedd ta’ għoxrin jum biex twieġeb minn mindu tiġi

notifikata bir-rikors.

(3) Il-kumpens li għandu jitħallas għall-akkwist tal-art,

għandu jkun skont il-valur tal-art fiż-żmien li nħarġet id-

dikjarazzjoni, liema kumpens għandu jiġi aġġornat mas-snin skont l-

indiċi ta’ inflazzjoni ppubblikat fl-Iskeda tal-Ordinanza li Tneħħi l-

Kontroll tad-Djar.

(4) Barra mill-kumpens għall-akkwist tal-art kif stabbilit

f’dan l-artikolu, is-sid jista’ jitlob ukoll lill-Bord tal-Arbitraġġ sabiex

jillikwida u jordna lill-awtorità tħallsu danni materjali u danni morali

minħabba d-dewmien biex sar l-akkwist.

(5) Iż-żmien perentorju indikat fl-artikolu 63(6) biex titressaq

l-azzjoni jgħodd mutatis mutandis għall-azzjoni taħt dan l-artikolu.

(1) Kull min juri li huwa sid b’titolu validu ta’ proprjetà

fuq art li dwarha tkun inħarġet dikjarazzjoni u li dwarha jkun inħareġ

ukoll avviż ta’ ftehim skont l-Ordinanza dwar l-Akkwist ta’ Artijiet

Għal Skopijiet Pubbliċi, jista’ jipproċedi quddiem il-Bord tal-

Arbitraġġ sabiex jitħallas il-kumpens jekk dan ikun baqa’ ma tħallasx

mill-awtoritajiet kompetenti.

(2) Din l-azzjoni għandha ssir permezz ta’ rikors ippreżentat

fir-Reġistru tal-Bord tal-Arbitraġġ li għandu jiġi indirizzat kontra l-

awtorità li jkollha jedd ta’ għoxrin jum biex twieġeb minn mindu tiġi

notifikata bir-rikors.

(3) L-awtorità fit-tweġiba tagħha għandha tindika jekk il-

Gvern għadux interessat fix-xiri ta’ dik l-art.

(4) Jekk meta kien inħareġ l-avviż tal-ftehim, is-sid kien

għażel li ma jikkontestax il-prezz offrut fl-avviż permezz ta’ att

ġudizzjarju, il-kumpens li għandu jitħallas mill-awtorità għandu jkun

dak indikat fl-avviż ta’ ftehim, kif aġġornat mas-snin skont l-indiċi

ta’ inflazzjoni ppubblikat fl-Iskeda tal-Ordinanza li Tneħħi l-Kontroll Kap. 158.

tad-Djar.

(5) Jekk meta kien inħareġ l-avviż tal-ftehim, is-sid kien

għażel li ma jaċċettax il-prezz offrut fl-avviż permezz ta’ att

ġudizzjarju, il-kumpens li għandu jitħallas mill-awtorità għandu jkun

stabbilit mill-Bord tal-Arbitraġġ, liema kumpens għandu jinħadem

skont il-valur tal-art fiż-żmien li nħarġet id-dikjarazzjoni, kif

aġġornat mas-snin skont l-indiċi ta’ inflazzjoni ppubblikat fl-Iskeda

tal-Ordinanza li Tneħħi l-Kontroll tad-Djar.

(6) Il-kumpens iffissat mill-Bord tal-Arbitraġġ m’għandux

ikun ogħla minn dak indikat mis-sid jew inqas minn dak indikat fl-

avviż tal-ftehim.

(7) Barra mill-kumpens għall-akkwist tal-art kif stabbilit

f’dan l-artikolu, is-sid jista’ jitlob ukoll lill-Bord tal-Arbitraġġ sabiex

jillikwida u jordna lill-awtorità tħallsu kemm danni materjali kif

ukoll danni morali minħabba d-dewmien biex sar l-akkwist.

(8) Iż-żmien perentorju indikat fl-artikolu 63(6) biex titressaq

l-azzjoni jgħodd mutatis mutandis għall-azzjoni taħt dan l-artikolu.

Imgħaxijiet.

(1) Fil-każijiet imsemmija fl-artikoli 64 u 65, is-sid

għandu jedd ukoll li jirċievi mgħax bir-rata sempliċi ta’ tmienja fil-

mija fuq il-kumpens li jkun ġie stabbilit mill-Bord tal-Arbitraġġ kif

dan ġie aġġornat mas-snin skont l-indiċi ta’ inflazzjoni ppubblikat fl-

Iskeda tal-Ordinanza li Tneħħi l-Kontroll tad-Djar u dan l-imgħax Kap. 158.

għandu jibda jgħaddi mid-data ta’ meta tkun inħarġet id-

dikjarazzjoni.

(2) Jekk ikun hemm kontestazzjoni bejn is-sid u l-awtorità

dwar l-imgħax li għandu jitħallas, is-sid għandu jressaq rikors biex il-

kwistjoni tiġi deċiża mill-Bord tal-Arbitraġġ. Dan ir-rikors għandu

jiġi mressaq sa mhux aktar tard minn sitt xhur minn meta l-kuntratt

tat-trasferiment tal-art jiġi ffirmat bejn il-partijiet jew minn meta d-

deċiżjoni tal-Bord issir res judicata.

(3) Dan ir-rikors għandu jiġi notifikat lill-awtorità li jkollha

żmien għoxrin jum biex twieġeb.

(4) Il-Bord tal-Arbitraġġ għandu żmien perentorju ta’ mhux

iktar minn sitt xhur minn meta r-rikors jiġi notifikat lill-awtorità biex

jagħti deċiżjoni fuq il-kwistjoni.

(1) Meta art li fuqha ma tkun inħarġet l-ebda

dikjarazzjoni, tkun okkupata jew amministrata minn xi awtorità

kompetenti, kull min juri għas-sodisfazzjon tal-Bord tal-Arbitraġġ li

huwa sid b’titolu validu ta’ proprjetà fuq dik l-art jista’ jitlob li dik l-

art tiġi akkwistata b’xiri assolut mill-awtorità jew inkella biex dik l-

art tiġi mrodda lura ħielsa u franka minn kull okkupazzjoni.

(2) Din l-azzjoni għandha ssir permezz ta’ rikors ippreżentat

fir-Reġistru tal-Bord tal-Arbitraġġ li għandu jiġi indirizzat kontra l-

awtorità li jkollha jedd ta’ għoxrin jum biex twieġeb minn mindu tiġi

notifikata bir-rikors.

(3) L-awtorità fit-tweġiba tagħha għandha tindika jekk il-

Gvern iridx jikseb l-art b’xiri assolut jew inkella trodd lura l-art lis-

sid.

(4) Jekk l-awtorità tindika fit-tweġiba tagħha li trid jikseb l-art

b’xiri assolut hija għandha turi għas-sodisfazzjon tal-Bord li dik l-art

hija meħtieġa għal skopijiet pubbliċi.

(5) F’każ li l-Bord tal-Arbitraġġ ikun sodisfatt li l-art hija

tassew meħtieġa għal skopijiet pubbliċi huwa għandu jagħti żmien

lis-sid u lill-awtorità biex jiddikjaraw kemm għandu jkun il-kumpens

li għandu jitħallas għat-trasferiment tal-art.

(6) Jekk il-partijiet ma jaqblux bejniethom dwar il-kumpens li

għandu jitħallas għal dik l-art, allura għandu jkun il-Bord tal-

Arbitraġġ li jiffissa l-kumpens xieraq għat-trasferiment ta’ dik l-art,

b’dana li l-kumpens m’għandux ikun ogħla minn dak indikat mis-sid

jew inqas minn dak indikat mill-awtorità.

(7) Il-valur tal-art għandu jittieħed li hu l-ammont illi l-art

tista’ ġġib kieku tiġi mibjugħa fis-suq minn sidha volontarjament u

għandu jinħadem fuq il-valur li jkollha l-art ta’ meta ġie mressaq ir-

rikors skont dan l-artikolu.

(8) Flimkien mat-talba għax-xiri jew radd lura tal-art, tista’

ssir ukoll talba biex il-Bord tal-Arbitraġġ jillikwida u jordna lill-

awtorità tħallas id-danni materjali u d-danni morali li ġew imġarrba

mis-sid għas-snin kollha li l-art kienet qed tiġi okkupata mingħajr ma

nħarġet id-dikjarazzjoni.

(9) Kull persuna titlef il-jedd ta’ azzjoni skont dan l-artikolu

jekk hija tonqos milli tipproċedi fi żmien ħames snin minn meta

jidħol fis-seħħ dan l-Att. Dan il-perjodu huwa perentorju u ma jistax

jiġġedded.

(1) Dawk l-artijiet li mad-dħul fis-seħħ ta’ dan l-Att Art okkupata

huma miżmuma minn xi awtorità kompetenti b’titolu ta’ dominju b’dominju

pubbliku.

pubbliku għandhom jew jiġu akkwistati b’xiri assolut jew b’titolu ta’

pussess u użu jew inkella jiġu mrodda lura lis-sid.

(2) Din id-deċiżjoni min-naħa tal-awtorità għandha tittieħed fi

żmien għaxar snin minn meta jidħol fis-seħħ dan l-Att, b’dana li jekk

l-awtorità ma tieħu l-ebda deċiżjoni dan għandu jitqies li hija qed

tirrinunzja għal kull dritt fuq dik l-art u li s-sid għandu d-dritt jerġa’

jeħodha lura.

(3) F’każ li l-art tkun trid tinxtara għandha tinħareġ

dikjarazzjoni miċ-Chairperson tal-Bord tal-Gvernaturi tal-Awtorità

tal-Artijiet skont l-artikolu 38 u d-dispożizzjonijiet tal-artikoli 52, 53,

54 u 55 għandhom japplikaw.

(4) Il-valur tal-art għandu jittieħed li hu l-ammont illi l-art

tista’ ġġib kieku din kellha tiġi mibjugħa fis-suq minn sidha

volontarjament fil-mument li nħarġet id-dikjarazzjoni msemmija fis-

subartikolu (3)

Iżda fil-valur, ebda każ ma għandu jittieħed ta’ ebda bini,

tlugħ jew titjib ieħor imtella’ jew magħmul fuq l-art wara l-jum li fih

il-pussess tagħha kien ittieħed mill-awtorità kompetenti.

(1) Meta l-art tkun ġiet akkwistata minn awtorità Art okkupata

kompetenti għal użu jew pussess għal dak iż-żmien li l-bżonnijiet tal- b’użu

għal aktar minn

iskop pubbliku jkunu jitolbu, is-sid jista’, wara li jgħaddu għaxar snin għaxar snin

mid-data li fiha jkun ittieħed pussess mill-awtorità kompetenti, jitlob

lill-Bord tal-Arbitraġġ biex joħroġ ordni sabiex l-art tiġi akkwistata

mill-awtorità b’xiri assolut bl-istess mod imfisser fl-artikolu 68(3) u

(4) jew inkella li titbattal fi żmien sena mid-data tal-ordni.

(2) Meta art illi tkun fil-pussess u użu ta’ awtorità kompetenti

tiġi mbattla, l-awtorità tista’ tneħħi l-bini kollu, kostruzzjonijiet jew

benefikati oħra mibnijin jew magħmulin fuqha matul iż-żmien tal-

okkupazzjoni, u tagħti dak il-kumpens lil sid l-art għall-ħsara li tkun

saret bil-kostruzzjoni ta’ dak il-bini jew xort’oħra, kif jiġi miftiehem

bejn l-awtorità u s-sid jew, fin-nuqqas ta’ ftehim, kif jiġi ffissat mill-

Bord tal-Arbitraġġ.

Proprjetà regolata mill-Att dwar Proprjetà ta’ Entijiet Proprjetà

Ekklesjastiċi, għandha minkejja kull dispożizzjoni ta’ dan l-Att ekklesjastika.

tkompli tkun regolata bid-dispożizzjonijiet tal-imsemmi Att, u l-

proċeduri u l-kriterji hemm fih stabbiliti sabiex jiġi determinat xi ikun

il-kumpens u l-ħlas tiegħu għandu jkun japplika skont dan.

(1) Iċ-Chairperson tal-Bord tal-Gvernaturi tal-Awtorità

tal-Artijiet jista’ għal skop pubbliku jiddikjara b’avviż li għandu jiġi

ppubblikat fil-Gazzetta u mill-inqas darba waħda f’żewġ ġurnali

lokali ta’ kuljum jew tal-Ħadd illi art hija suġġetta għal jedd ta’

clearance jew jedd ta’ taħt wiċċ l-art.

(2) Meta għal skop pubbliku art tiġi ddikjarata suġġetta għall-

jedd ta’ clearance, ebda sid ma jista’ jibni jew itella’ kostruzzjonijiet

fuq art iddikjarata illi hija hekk suġġetta jew iżid l-għoli ta’

kostruzzjonijiet li jkunu diġà jeżistu mingħajr il-permess tal-Bord tal-

Arbitraġġ.

(3) Meta għal xi skop pubbliku art tiġi ddikjarata suġġetta

għall-jeddijiet ta’ taħt wiċċ l-art, ebda sid ma jista’ jagħmel xogħol

jew taħfir ġdid taħt l-art jew ikabbar xogħol jew taħfir li jkun diġà

jeżisti mingħajr il-permess bil-miktub tal-Bord tal-Arbitraġġ.

(4) Meta għal skop pubbliku art tiġi ddikjarata suġġetta għall-

jedd ta’ clearance, jew jedd ta’ taħt wiċċ l-art ebda kumpens ma jiġi

mħallas minħabba biss illi l-art tkun ġiet issuġġettata għal dan il-jedd,

jew għall-pussess, minn awtorità kompetenti, ta’ xogħol jew taħfir

taħt l-art magħmul minn awtorità kompetenti, iżda jgħoddu d-

dispożizzjonijiet li ġejjin.

(5) It-talba għall-permess imsemmi fis-subartikolu (2) u fis-

subartikolu (3) għandha ssir bil-preżentata ta’ rikors flimkien ma’

pjanta li turi l-bini jew kostruzzjonijiet oħra li sejrin isiru u x-

xogħlijiet jew taħfir li sejrin isiru. Il-Bord tal-Arbitraġġ għandu

jordna minnufih li r-rikors jiġi nnotifikat lill-awtorità.

(6) Jekk l-awtorità kompetenti ma tikkontestax ir-rikors fi

żmien għoxrin ġurnata wara n-notifika tiegħu, ir-rikors jiġi milqugħ

mill-Bord tal-Arbitraġġ.

(7) Jekk l-awtorità tikkontesta l-għoti tal-permess, il-Bord tal-

Arbitraġġ, fuq rikors tal-persuna li titlob dak il-permess, jiffissa l-

kumpens li għandu jitħallas minħabba r-rifjut tal-awtorità li tħalli

jsiru l-bini jew kostruzzjonijiet oħra jew ix-xogħol jew it-taħfir taħt l-

art li għalihom issir it-talba. Meta kumpens jitħallas taħt id-

dispożizzjonijiet ta’ dan l-artikolu, il-Bord għandu jsemmi l-lok illi

għalih il-kumpens ikun ġie mogħti, u f’dan il-każ ebda kumpens ieħor

f’ebda żmien wara ma jkun imiss jitħallas għall-jedd ta’ clearance

jew għall-jedd ta’ taħt wiċċ l-art, skont il-każ li jkun, għal dak il-lok,

bla ħsara tad-dispożizzjonijiet tal-aħħar parti tas-subartikolu (10).

(8) Ebda kumpens ma jkollu jitħallas kemm-il darba ma jiġix

ippruvat b’sodisfazzjon tal-Bord tal-Arbitraġġ

(a)

illi l-proġett għall-bini jew biex jiżdied l-għoli ta’

bini li diġa jeżisti jew biex isir xogħol jew taħfir taħt l-art ġdid

jew jitkabbar xogħol jew taħfir taħt l-art li diġà jeżisti huwa

tassew ħaġa li biħsiebu jagħmel is-sid;

(b) illi m’hemm ebda proġett ieħor li, mingħajr ma jkun

ta’ ħsara għas-sid, jista’ jiġi aċċettat mill-awtorità;

(9) Meta art tkun ġiet dikjarata suġġetta għall-jedd ta’

clearance jew għall-jedd ta’ taħt wiċċ l-art, kull min jagħmel, jibni

jew itella’ xi kostruzzjoni jew iżid l-għoli ta’ xi kostruzzjoni fuq l-art

jew jagħmel xogħol jew taħfir ġdid taħt l-art jew ikabbar xogħol jew

taħfir taħt l-art mingħajr ma jkun qabel ħa l-permess bil-miktub mill-

awtorità għandu, fi żmien għaxart ijiem minn mindu jiġi mogħti lilu

bil-miktub avviż għaldaqshekk mill-awtorità –

(a)

ineħħi l-kostruzzjoni hekk magħmula, mibnija jew

imtella’ jew dik il-biċċa kostruzzjoni miżjuda; u

(b) jimla x-xogħlijiet jew taħfir taħt l-art, ġodda jew

miżjuda, u jerġa’ jġib l-art kif kienet qabel ma sar ix-xogħol jew

taħfir ġdid jew miżjud,

u fil-każ illi l-avviż ma jiġix obdut, 1-Awtorità tal-Artijiet tkun

tista’ tordna li dik il-biċċa kostruzzjoni tiġi mneħħija jew dak ix-

xogħol jew taħfir jiġi mimli u l-art tinġieb kif kienet qabel, bi

spejjeż tal-persuna illi tkun tellgħet il-kostruzzjoni jew żiedet dik il-

biċċa, jew għamlet dak ix-xogħol jew taħfir taħt l-art, ġdid jew

miżjud, mingħajr ebda kumpens lilha u din l-ispiża tiġi rkuprata

mingħandha bl-istess mod bħala multa u din il-persuna, jekk tinstab

ħatja fuq daqshekk, tkun tista’ teħel multa ta’ mhux aktar minn

elfejn u ħames mitt euro (€2,500) talli ma tkunx obdiet dik l-ordni.

(10) L-art suġġetta għall-jedd ta’ clearance taħt dan l-artikolu

tista’ tiġi meħlusa minn dan il-jedd mill-awtorità, kemm-il darba s-sid

ikun irid jaċċetta l-ħelsien u jħallas lill-awtorità dak il-kumpens ġust

li jiġi miftiehem, jew, fin-nuqqas ta’ ftehim, kif jiġi iffissat mill-Bord

tal-Arbitraġġ. Il-ħlas ta’ kumpens għall-ħelsien mill-jedd ta’

clearance jista’ jintalab mill-awtorità kompetenti fil-każ biss li jkun

ġie mħallas kumpens għas-suġġezzjoni tal-art għall-jedd ta’

clearance skont dan l-artikolu. L-art meħlusa mill-jedd ta’ clearance

tista’ tiġi mill-ġdid iddikjarata suġġetta għal dan il-jedd.

(11) Meta art tkun ġiet iddikjarata suġġetta għall-jedd ta’ taħt

wiċċ l-art, l-awtorità tkun tista’ żżomm il-pussess ta’ xogħol jew

taħfir taħt l-art li jkun sar mill-awtorità qabel ma jibda jseħħ dan is-

subartikolu u tkun tista’ tagħmel jew tkabbar hemmhekk xogħol jew

taħfir taħt l-art u tużah għal dik il-ħaġa li jkun jidhrilha meħtieġa

Iżda l-awtorità għandha tieħu kull prekawzjoni xierqa biex

tassigura illi l-bini u kostruzzjonijiet fuq wiċċ dik l-art ikunu salvi u

jibqgħu sħaħ, kif ukoll kull bir, kantina u kostruzzjoni taħt l-art li

jkunu wżati jew gawduti mal-okkupazzjoni ta’ dan il-wiċċ tal-art, u

fil-każ ta’ ħsara lil dawn il-kostruzzjonijiet hija għandha jew

issewwihom u ġġibhom kif kienu qabel jew tħallas kumpens lis-sid

għat-telf li jkun ġarrab minħabba f’din il-ħsara, u l-ammont ta’ dan il-

kumpens, jekk il-partijiet ma jiftehmux bejniethom fuqu, jinġieb

quddiem u jiġi ffissat mill-Bord tal-Arbitraġġ.

(12) Meta art tkun ġiet dikjarata bħala soġġetta għal xi drittijiet

favur il-Gvern bis-saħħa ta’ dan l-artikolu, il-Gvern jista’

jittrasferixxi kull dritt bħal dak fuq dik l-art lil kull persuna

Iżda l-eżerċizzju minn min irċieva t-trasferiment tad-dritt

lilu hekk trasferit għandu jibqa’ jiġi hekk eżerċitat għal skop

pubbliku.

(1) Iċ-Chairperson tal-Bord tal-Gvernaturi tal-Awtorità

tal-Artijiet jista’ b’avviż fil-Gazzetta u mill-inqas darba waħda

f’żewġ ġurnali lokali ta’ kuljum jew tal-Ħadd jordna t-tbattil ta’ lok

fejn jista’ jkun hemm perikolu tal-ħajja jew tal-persuna minħabba

operazzjonijiet navali, militari jew tal-ajru, u sakemm dan l-ordni

jkun iseħħ il-lok tal-perikolu u d-djar u l-bini kollu f’dak il-lok

għandhom jiġu mbattlin mill-kerrejja jew detenturi u minn kull

persuna oħra, u ebda responsabbiltà ma jkollhom l-Awtoritàjiet

navali, militari jew tal-ajru għal xi ħsara fuq il-persuna li tista’ ssir lil

xi ħadd fil-lok tal-perikolu minħabba l-operazzjonijiet hawn fuq

imsemmija. Kull min jibqa’ fil-lok tal-perikolu sakemm ikun għadu

jseħħ ordni bħal dan, jeħel, meta jinstab ħati mill-Qorti tal-Maġistrati,

piena ta’ flus ta’ mhux aktar minn elfejn u ħames mitt euro (€2,500).

(2) Għal tbattil provviżorju jitħallas kumpens lil kull min ikun

bata telf jew spiża minħabba dak it-tbattil.

(3) Jekk il-kumpens li jmissu jitħallas taħt dan l-artikolu ma

jiġix miftiehem bejn l-awtorità u min jitolbu, l-ammont tal-kumpens

jiġi ffissat mill-Bord tal-Arbitraġġ bil-mod li jingħad f’dan l-Att.

(1) Meta l-awtorità tkun għamlet offerta bil-miktub lil

sid somma sew jekk jistħoqq li titħallas perjodikament jew bħala

somma għal darba biss bħala kumpens u s-somma mogħtija mill-Bord

tal-Arbitraġġ lil dak is-sid ma tkunx iżjed mis-somma offerta, il-Bord

jordna li s-sid ibati l-ispejjeż tiegħu u jħallas l-ispejjeż tal-awtorità illi

jkunu saru wara li tkun ġiet magħmula l-offerta.

(2) Meta sid ma jaċċettax l-offerta tal-awtorità u jvanta li l-

ammont dovut bħala kumpens għandu jkun ogħla, u jindika dik is-

somma, kemm jekk din titħallas perjodikament jew bħala somma

f’daqqa, bħala kumpens, u s-somma mogħtija mill-Bord tal-Arbitraġġ

tkun iktar minn dik offruta mill-awtorità, allura l-ispejjeż għandhom

jiġu sofferti mill-partijiet fi proporzjon li d-differenza fl-ammont

offrut mill-awtorità u dak hekk stabbilit mill-Bord ikollhom għad-

differenza fl-ammont mitlub mis-sid u l-ammont stabbilit mill-Bord.

(3) Meta l-Bord tal-Arbitraġġ jordna lis-sid iħallas l-ispejjeż

jew biċċa mill-ispejjeż tal-awtorità, din tista’ taqta’ l-ammont li

għandu hekk jitħallas mis-sid mill-ammont tal-kumpens li għandu

jitħallas lilu.

(7) The provisions of the Code of Organization and Civil Cap. 12.

Procedure shall apply to the hearings of cases before the Civil Court,

First Hall, and shall apply mutatis mutandis to all proceedings before

the Arbitration Board in accordance with this Act.

(8) All pending cases before the Arbitration Board as

composed before the entry into force of this Act shall be transferred

and shall continue to be heard before the Arbitration Board as

established under this Act.

57. (1) Where the chairman is a person who has held office Oath to be taken

of judge but no longer holds such office he shall take and subscribe an by

members of the

oath before the Attorney General to exercise his functions under this Panel.

Act.

(2) The members of the Panel shall not enter upon the duties

of their office unless they have taken and subscribed an oath before

the chairman to exercise their functions under this Act with

impartiality and in accordance with the law.

58. (1)

The Arbitration Board shall be competent

Powers of the

Board.

(a)

to order immediate possession of any land to be

given to the competent authority;

(b) to order the transfer of any land to the competent

authority in absolute ownership;

(c)

to order the subjection of land to any easement;

(d) to assess the amount of compensation payable under

any of the provisions of this Act and for this purpose to declare

whether any area is a building site or not, provided that the

amount of compensation that shall be determined by the Board

does not exceed the highest amount of compensation that has

been proposed by any one of the parties;

(e)

to order that the Declaration of expropriation be

revoked;

(f)

to order that the land be returned to the owner;

(g)

to liquidate and pay moral and material damages;

(h)

to decide on issues related to interest;

(i)

to determine who is the owner or who has a title on a

land that has been subject to the Declaration or that has been

occupied by the Government without the issuance of such

Declaration;

(j)

to determine the date when the Government

possessed such land;

(k) to call upon persons to enter into proceedings for the

purpose of establishing who is the owner or who has a title on

the land that has been subject to the Declaration which has been

occupied by the Government without the issuance of such

Declaration; and

(l)

to order the execution of its decisions.

(2) The Arbitration Board has the same powers as are by law

vested in the Civil Court, First Hall, and subject to the provisions of

this Act the provisions in the Code of Organization and Civil

Procedure shall, as far as practicable, be applicable to the Arbitration

Board.

(3) All acts shall be issued in the name of the Arbitration

Board and shall be signed by the chairman.

(4) The chairman shall decide all questions in regard to the

admissibility of evidence, the competence of witnesses, and all other

questions relating to procedure.

(5) The Registrar of Courts or any other person deputed by

him shall be the registrar of the Board, and all acts brought before the

Board shall be kept in the Registry of the Superior Courts which shall

be the registry of the Board.

(6) All acts shall be filed, issued and served in accordance

with the provisions of the Code of Organization and Civil Procedure,

subject to any rules made under this Act.

(7) Parties shall be heard on the day established by the

Arbitration Board.

59. (1) Whenever a question arises before the Arbitration Members’

Board requiring the valuation of any land or any other technical report.

opinion in connection with any case before the Board, the chairman

shall assign two of the members of the Panel to examine the land in

question, or to take cognizance of the record of the case relative to the

matter in which the technical opinion is requested; and such two

members shall present their report to the chairman during the sitting

or file the said report in the Registry of the Board as the chairman

may direct. The report shall be accessible to the parties who shall be

granted the opportunity to put questions in writing thereon to the

members on the Panel and to comment thereon to the Board

Provided that the parties, without prejudice to their right to

bring during the evidence stage their own expert witnesses ex parte,

shall not be entitled to request the appointment of additional referees.

(2) When the report consists of or includes a valuation, that

valuation shall be made in accordance with the provisions of this Act.

(3) The chairman may also require the members of the Panel

assigned to a case to attend the sitting of the Board when that case is

being considered by the Board as he may deem appropriate or if the

said members require additional information from the parties or need

to hear any particular witnesses.

(4) The chairman shall decide the matter himself after giving

due consideration to the reports of the two members of the panel and

any other relevant acts presented or submissions made.

60. Where, out of the proceedings before the Arbitration Questions to be

Board, there arises any question which is not included under article decided

chairman as a

58(1), the Board shall reserve such question to be decided by the Civil judge.

Court, First Hall, and shall fix a time-limit for the party raising such

question to bring it forward by sworn application before the said

court; the Board shall then adjourn the proceeding until final

judgement thereon has been given by the civil courts or until the

expiry of the said time-limit, whichever shall be the earlier

Provided that, if the party raising such question before the

Board does not bring forward the relative action as aforesaid before

the Civil Court, First Hall, it shall be lawful for the other party to

bring forward the action in the same manner as hereinbefore stated,

and in such case the proceedings before the Board shall not be

resumed until after the final judgement of the Civil Court

Provided further that -

(a)

the reservation of any point of law or fact shall not

be an obstacle to the authority obtaining possession of any land

within the period fixed by the Board;

(b)

the authority shall not be bound to intervene in any

dispute which may arise between co-owners; nor shall the

authority bear any additional expense due to the apportionment

of the compensation between the parties interested in the land.

61. (1) The Arbitration Board shall, upon establishing the

compensation for absolute purchase, act in accordance with the

following rules

(a)

no allowance shall be made on account of the

acquisition being compulsory;

(b) the value of the land shall, subject as hereinafter

provided, be taken to be the amount which the land could

acquire if sold in the open market by a willing seller voluntarily;

(c)

the value of the land is the value that the land has

within the period of publication of the Declaration as updated

during the years in accordance to the index of inflation

published in the schedule of the Housing (Decontrol)

Ordinance, and without regard to any improvements or works

done by a competent authority;

(2) When the compensation to be established relates to

possession and use only, the amount of acquisition rent for the whole

period of the time until the land is being held shall be established in

accordance with the amount which the land if leased in the open market

by a willing owner might be expected to realize.

(3) Besides the accrued interests on the sum deposited in

accordance with article 52(1), the Arbitration Board may order in its

decision that the owner receives simple interest at the rate of eight per

centum per annum over the final compensation liquidated by the Board,

which interest shall start running from when the owner files his

application in terms of article 55.

62. Where the compensation payable in respect of land

acquired by the absolute purchase thereof is determined, whether by

agreement or by decision of the Arbitration Board, any sum due as

compensation over and above any sum deposited together with the

interest, shall be paid to the person entitled thereto by the Lands

Authority not later than three months from the date on which such

compensation was determined as aforesaid.

63. (1) If land which is subject to a Declaration issued before An action for

the entry into force of this Act remains unacquired in terms of one of revocation

Declaration in a

the manners referred to in this Act and such land has not been used for situation

the land has not

public purposes for a period of more than ten years from the issue of the been acquired.

Declaration, whosoever proves to the satisfaction of the Arbitration

Board that he is the owner of the land by valid title may ask for the

revocation of the Declaration and for the relinquishment of the land.

(2) This action shall be made by means of an application filed

in the Registry of the Arbitration Board that shall be addressed

against the Lands Authority who shall have the right of reply within

twenty days from the day it has been served with the application.

(3) Together with the requests for revocation of the

Declaration and the return of the land, one can make a request so that

the Arbitration Board liquidates and orders the authority to pay for

material damages and moral damages that have been suffered by the

owner for all the years that the land has been kept by the Government

without anything being done on it.

(4) In order for an application to be heard and decided by the

Board, all the persons who are known to have a right of title on such

land have to be present during proceedings.

(5) The Arbitration Board shall dismiss the application for

revocation of the Declaration if the authority gives valid reasons why

the land remained unused for all these years or if it proves to the

satisfaction of the Board that there is still public interest in the

acquisition of that land.

(6) Everyone shall forfeit his right of action in accordance with

this article if he fails to proceed within thirty years from when the

Declaration has been issued, provided that if upon the entry into force

of this Act, a period of twenty five years already had elapsed from the

date of issue of the Declaration, the action shall be filed by not later

than five years from the entry into force of this Act. Such periods are

peremptory and cannot be renewed.

64. (1) When land is subject to a Declaration which has been Land that is

issued before the entry into force of this Act and such land is in subject

Declaration

possession of Government without having issued any notice to treat or without

of the

without having indicated the compensation offered for its acqusition, agreement.

anyone who proves to the satisfaction of the Arbitration Board that he

is the owner of the land by valid title may demand that the competent

authority acquires the land by absolute purchase.

(2) This action shall be done by means of an application filed

before the Registry of the Arbitration Board that shall be addressed

against the authority who shall have a right of reply within twenty

days from when it has been served with the application.

(3) The compensation that shall be paid for the acquisition of

the land shall be the value that the land has within the period of

publication of the Declaration as updated during the years in

accordance to the index of inflation published in the schedule of the

Housing (Decontrol) Ordinance.

(4) Apart from the compensation for the acquisition of the

land as established in this article, the owner can also make a request

to the Arbitration Board to liquidate and order the authority to pay him

for material damages and moral damages due to the excessive delay

for such acquisition.

(5) The peremptory period referred to in article 63(6) for filing

such action shall apply mutatis mutandis to the action under this

article.

65. (1) Whoseover proves that he is an owner by valid title of

land in respect of which a Declaration and notice to treat had been

issued in terms of the Land Acquisition (Public Purposes) Ordinance,

may proceed before the Arbitration Board to receive compensation if

the competent authority failed to effect the payment.

(2) This action shall be made by means of an application filed

in the Registry of the Arbitration Board that shall be addressed

against the Lands Authority who shall have the right of reply within

twenty days from the day it has been served with the application.

(3) The authority shall indicate in its reply whether the

Government is still interested in the purchase of that land.

(4) If upon the issue of the notice to treat, the owner decided not

to contest the price offered in the notice by means of a judicial act, the

compensation due by the authority shall be that indicated in the notice

to treat, as updated during the years in accordance to the index of

inflation published in the schedule of the Housing (Decontrol)

Ordinance

(5) If upon the issue of the notice to treat, the owner chose to

refuse the price offered in the notice by means of a judicial act, the

compensation due by the authority shall be that established by the

Arbitration Board, which compensation shall be calculated in

accordance with the value of the land at the time when the Declaration

had been issued, as updated during the years in accordance to the index

of inflation published in the schedule of the Housing (Decontrol) Cap. 158.

Ordinance.

(6) The compensation established by the Arbitration Board shall

not be higher than the amount indicated by the owner or lower than the

amount indicated in the notice to treat.

(7) Apart from the compensation for the acquisition of the

land as established in this article, the owner can also make a request

to the Arbitration Board to liquidate and order the authority to pay

him for material damages and moral damages due to the excessive

delay for such acquisition.

(8) The peremptory period referred to in article 63(6) for filing

such action shall apply mutatis mutandis to the action under this

article.

66. (1) In the cases referred to in articles 64 and 65, the Interests.

owner also has the right to receive interest with the simple rate of

eight per cent on the compensation that has been established by the

Arbitration Board as updated during the years in accordance to the

index of inflation published in the schedule of the Housing Cap. 158.

(Decontrol) Ordinance and this interest shall start accruing from the

date when the Declaration has been published.

(2) If there is a contestation between the owner and the Lands

Authority regarding the interest that shall be paid, the owner shall file

an application so that the issue would be resolved by the Arbitration

Board. This application shall be filed till not later than six months

from when the contract of transferring the land has been paid by the

parties or from when the decision of the Board become res judicata.

(3) This application shall be served to the authority who shall

have a right to reply within twenty days.

(4) The Arbitration Board shall decide the issue within a

peremptory period of not longer than six months from when the

application has been served to the authority.

67. (1) When land not subject to a Declaration is occupied or Land occupied

administered by a competent authority, anyone who proves to the by

authority

satisfaction of the Arbitration Board that he is owner of the land by without

Declaration.

valid title may either request that the land be acquired by absolute

purchase by the Lands Authority or else that the land be relinquished

free and unencumbered from any occupation.

(2) This action shall be done by means of an application filed

in the Registry of the Arbitration Board which shall be addressed

against the authority who shall have a right of reply within twenty

days from when it has been served with the application.

(3) The authority shall indicate in its reply whether the

Government wants to acquire the land with absolute purchase or else

return the land to the owner.

(4) Should the authority indicate in its reply that it wants to

acquire the land by absolute purchase it shall prove to the satisfaction

of the Board that the land is required for public purposes.

(5) Should the Arbitration Board be satisfied that the land is

required for public purpose, it shall fix a period of time within which

the owner and the authority have to declare the amount of

compensation which should be paid for the transfer of the land.

(6) If the parties disagree on the compensation to be paid, it

shall be for the Arbitration Board to determine the fair compensation

for the transfer of the land, provided that the compensation cannot be

higher than the amount indicated by the owner or lower than the

amount indicated by the authority.

(7) The value of the land shall be taken to be the amount which

the land if sold by a willing seller might be expected to realize and shall

be calculated on the value of the land at the time when the application

was filed in terms of this article.

(8) In combination with the demands for purchase or

relinquishment of the land, one can make a request so that the

Arbitration Board liquidates and orders the authority to pay for

material damages and moral damages that have been suffered by the

owner for all the years that the land has been occupied without any

issuance of the Declaration.

(9) Everyone shall forfeit his right of action in accordance with

this article if he fails to proceed within five years from the entry into

force of this Act. This period is peremptory and cannot be renewed.

68. (1) All those lands which upon the entry into force of this

Act are held by a competent authority by title of public tenure shall

either be acquired by absolute purchase or by title of use or possession

or else they should be returned to the owner.

(2) This decision by the authority must be taken within ten years

from when this Act comes into force, provided that if the authority fails

to take any decision such default shall be deemed that the authority

renounced to every right over that land and that the owner shall have

the right to take it back.

(3) In the case that the land is required for purchase the

chairperson of the Board of Governors of the Lands Authority shall

issue a Declaration in accordance with article 38 and the provisions of

articles 52, 53, 54 and 55 shall apply.

(4) The value of the land shall be taken to be the amount

which the land if sold by a willing seller might be expected to realize

at the time when the Declaration has been issued as provided in sub-

article (3)

Provided that in the value, no regard shall be had to any

building, erection or other improvement erected or made on the land

after the date upon the possession thereof was taken by the competent

authority.

69. (1) When land has been acquired by a competent Land occupied

authority for use and possession during such time as the exigencies of by

possession for

the public purpose shall require, the owner may, after the lapse of ten more

years.

years from the date when possession was taken by the competent

authority, apply to the Board for an order that the land be purchased

or acquired by the authority with absolute purchase in same manner

as defined in article 68(3) and (4) or else be vacated within a year

from the date of the order.

(2) When land which has been in the possession and use of a

competent authority is vacated, the competent authority may remove all

buildings, erections, or other improvements erected or made thereon

during the period of occupation, making such compensation to the

owner of the land for the damage which may have been caused by the

erection of such buildings or otherwise, as may be agreed between the

Authority and the owner or as, in default of agreement, shall be

assessed by the Arbitration Board.

70. Property regulated by the Ecclesiastical Entities (Property) Ecclesiastical

Act, shall notwithstanding any provision of this Act continue to be property.

governed by the provisions of the said Act, and the procedures and

criteria therein established for the determination of compensation and

the payment thereof shall apply accordingly.

71. (1) The Chairperson of the Board of Governors of the Clearance

Lands Authority may for public purposes declare through a notice rights.

published in the Gazette and also published for at least once in two

daily or Sunday local newspapers that the land is subject to a clearance

right or to a subsoil rights.

(2) When for any public purpose any land is declared to be

subject to clearance rights, no owner shall build or erect any structure

on any land declared to be so subject or increase the height of any

existing structure without the permission of the Arbitration Board.

(3) When for any public purpose any land is declared subject

to subsoil rights, no owner shall make any new or extend any existing

underground work or excavation without the prior permission, in

writing, of the Arbitration Board.

(4) When for any public purpose any land is declared to be

subject to clearance rights or to subsoil rights, no compensation shall

be payable by reason only of the subjection of the land to such rights

or to the possession, by a competent authority, of any underground

work or excavation made or constructed by a competent authority,

however the following provisions shall apply.

(5) The demand for the permission referred to in sub-article

(2) and sub-article (3) shall be made by filing an application together

with a plan showing the buildings or other structures proposed to be

erected and the work or excavation proposed to be made. The

Arbitration Board shall forthwith cause notice of the application to be

served to authority.

(6) If the competent authority does not oppose the application

within twenty days, the application shall be granted by the Board.

(7) If the Authority shall oppose the grant of the permission,

the Arbitration Board shall, on the application of the person requiring

the said permission, determine the compensation payable by reason of

the refusal of the competent authority to allow the erection of the

proposed buildings or other structures or the making of the proposed

underground work or excavation. When compensation is paid under

the provisions of this article, the Board shall specify the area in

respect of which the compensation is granted, and in such case no

further compensation shall at any time thereafter become payable for

clearance rights or subsoil rights, as the case may be, in respect of that

area, saving the provision of the last part of sub-article (10).

(8) No compensation shall be payable unless it is shown to the

satisfaction of the Board -

(a)

that the proposal to build or to increase the height of

existing buildings or to make any new or extend any existing

underground work or excavation is a genuine intention on the

part of the owner;

(b) that no alternative proposal can be adopted which,

while not detrimental to the owner, is acceptable to the

Authority.

(9) Where any land has been declared subject to clearance or

subsoil rights, any person who makes, builds or erects any structure

or increases the height of any structure on the land or who makes any

new or extends any existing underground work or excavation in such

land, without the prior permission, in writing, of the Authority, shall,

within ten days after due notice in writing has been given to him in

that behalf by the Authority -

(a)

remove any structure so made, built or erected or

any such increased part of a structure; and

(b) fill in any new or extended underground work or

excavation, and restore the land to its condition prior to the

making of the new or extended work or excavation, and in the

event of the notice not being complied with, the Authority may

order such part of a structure to be demolished, or such work or

excavation to be filled in and the land restored, at the expense of

the person erecting such structure or increased part of a

structure or making such new or extended underground work or

excavation, without any compensation to such person, and such

expense shall be recoverable from him in the same manner as a

fine, and he shall be liable, on conviction therefor, to a fine

(multa) not exceeding two thousand five hundred euro (€2,500)

for non-compliance with such notice.

(10) Land subject to clearance rights under this article may be

released by the Authority from such rights, provided the owner

consents to accept the release and pays to the competent authority

such fair compensation as may be agreed upon or, in default of

agreement, as may be fixed by the Arbitration Board. Payment of

compensation for the release from clearance rights may only be

demanded by the competent authority where compensation has been

paid for the subjection of the land to clearance rights in accordance

with this article. Land released from clearance rights may again be

declared subject to such rights.

(11) Where any land is declared subject to subsoil rights, the

Authority may retain the possession of any underground work or

excavation which was constructed by the Authority therein prior to

the coming into force of this sub-article and may make or extend

therein any underground work or excavation and use it for such

purposes as it considers necessary

Provided that the Authority shall take all reasonable

precautions to ensure the safety and stability of any buildings or other

structures on the surface of such land and any well, cellar or other

underground structure used and enjoyed in connection with the

occupation of such surface, and in case of injury to any such structure

shall either repair and restore it to its former condition or pay

compensation to the owner for any loss sustained by him by reason of

such injury and the amount of such compensation shall, if the parties

fail to agree thereto, be referred to and determined by the Arbitration

Board.

(12) Where any land has been declared subject to any rights in

favour of the Government in virtue of this article, the Government

may transfer any such rights over such land to any other person or

authority

Provided that the exercise by the transferee of the right so

transferred shall continue to be so exercised for a public purpose.

72. (1) The Chairperson of the Board of Governors of the

Lands Authority may by notice in the Gazette and also published for

at least once in two daily or Sunday local newspapers, order the

evacuation of any area where danger to life or limb is possible as a

result of naval, military or air operations, and while such order is in

force the danger area and all houses and buildings within that area

shall be vacated by the tenants or occupiers and by any other person,

and no responsibility shall lie with the naval, military or air

authorities in consequence of any personal injury which may derive to

any person within the danger area as a result of the said operations.

Any person remaining in the danger area while any such order is in

force shall, on conviction by the Court of Magistrates, be liable to a

fine not exceeding two thousand five hundred euro (€2,500).

(2) Compensation for temporary evacuation shall be paid to

any person who has incurred loss or expense in consequence of the

evacuation.

(3) In the event of any compensation payable under this article

not being agreed upon between the authority and the claimant, the

amount thereof shall be determined by the Arbitration Board in the

manner provided in this Act.

73. (1) Where the authority has made an offer in writing of

any sum whether payable periodically or as a lump sum as

compensation to an owner and the sum awarded by the Arbitration

Board to that owner does not exceed the sum offered, the Board shall

order the owner to bear his own costs and to pay the costs of the

authority so far as they were incurred after the offer was made.

(2) Where an owner does not accept the offer of the authority

and claims that the amount due as compensation should be higher,

indicating such sum, whether payable periodically or as a lump sum,

as compensation, and the sum awarded is more than that offered by

the competent authority, then all costs shall be borne by the parties in

proportion that the difference in the amount offered by the authority

and that determined by the Board has to be the difference in the

amount claimed by the owner and the amount determined by the

Board.

(3) Where the Arbitration Board orders the owner to pay the

costs or any part of the costs of the authority, the authority may

deduct the amount so payable by the owner from the amount of the

compensation payable to him.

74. (1) Any party that feels aggrieved by any decision given Appeal.

by the Arbitration Board in accordance with this Act may appeal Cap. 12.

before the Court of Appeal (Superior Jurisdiction).

(2) The appeal shall be filed by means of an application before

the Court of Appeal (Superior Jurisdiction) 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.

(3) The Court of Appeal (Superior Jurisdiction) shall set down

the cause for hearing at an early date, in no case later than two months

from the date on which the appeal is brought before it and shall cause

notice of such date to be given to the parties to the suit who, on their

part, shall assume the responsibility to visit the court registry and be

aware of the latest information regarding the appointment for the

hearing of the case.

(4) After appointing the application for hearing, and after

listening to the oral submissions made by all parties, the Court of

Appeal (Superior Jurisdiction) shall decide the application on its

merits, within the shortest time possible but not any later than six

months from the day when the appeal had been filed and the parties

have been duly notified.

The authority shall ensure that any contract or decision of Registration.

the Arbitration Board or of the Court of Appeal where land is being

acquired by the Government shall be registered in the Land Registry

and in the Public Registry, and this within one month from when the

contract has been signed or the decision held by the Arbitration Board

or the Court of Appeal becomes res judicata.

Any person who shall wilfully hinder or obstruct any

person duly authorised from entering upon or taking possession of or

using any land in pursuance of the provisions of this Act, or who shall

molest, hinder or obstruct any such person shall be liable to a fine not

exceeding two thousand five hundred euro (€2,500) or to

imprisonment for a term not exceeding three months.

The Minister responsible for justice may make rules,

including rules as to forms, costs, and fees, for carrying this Act into

effect.

(1) Pending proceedings before the Arbitration Board

before the coming into force of this Act shall keep on being regulated

by the substantive law that were into force before the coming into

force of this Act, unless the owner does not indicate by means of a

written note filed in the acts of proceedings before the Arbitration

Board that he wants the proceedings to be decided in accordance with

the provisions of this Act.

(2) Should the owner decide that the proceedings are to be

regulated and decided in accordance with the provisions of this act he

shall be allowed to add or change his pleas in order to reflect the

actions and remedies referred to in this Act.

(3) Pending appeals before the Court of Appeal filed before the

entry into force of this Act shall continue to be heard by the same Court

in accordance with the prevailing law prior to the entry into force of

this Act, saving and without prejudice to owner’s right who may wish

to file a new action as laid down in this Act about matters that were not

decided by the Arbitration Board or the Court of Appeal.

PART V

Estimate Costs of Experts

(1) Whenever a value needs to be determined under this

Act, this shall be done following a valuation made in terms of this

article. If the valuation does not meet the precise requirements

mentioned in this article, then the valuation shall be deemed to be

invalid and hence should be done again.

(2) Every report or valuation made by periti appointed by the

competent authority under this Act shall be done in accordance with

one of the approved methodologies by the competent authority and in

each report or valuation the periti should indicate which methodology

they have used to reach their value. During the preparation of the

report, periti may seek the aid of other experts in different areas, which

aid shall then be indicated in their report.

(3) In any case, either when they are appointed by the

competent authority or when they are appointed by the Arbitration

Board, the report made by the periti shall include the following

(a)

the date of the valuation;

(b)

the date with reference to which the property was

valued;

(c)

the state which it is calculated that the property was

in on the date with reference to which the property was valued;

(d) the use which was being made of the property on the

date with reference to which it was valued, including

information as to whether the property was at the said time

subject to rights of third parties such as emphyteusis, use,

usufruct or lease;

(e)

the comparable transactions, if any, with reference

to which the property was valued;

(f)

the restrictions from the scheming in accordance

with the local plans and, or other pertinent reasons;

(g)

the method which made them reach such valuation;

and

(h) the Declaration of the periti and also other experts

involved in the valuation, in accordance with the previous sub-

article, that they do not have any conflict of interest on the date

of valuation;

(4) One report by three periti appointed by the competent

authority should always be done when the land to be disposed of by the

competent authority has a value exceeding four hundred thousand euro

(€400,000).

(5) The fees of the periti appointed externally by the competent

authority shall be calculated in accordance with Tariff K of the Code of Cap. 12.

Organization and Civil Procedure, provided that the individual fees of

each Perit shall not exceed the amount of two thousand and five

hundred euro (€2,500) for each report.

(6) The fees of the periti appointed by the competent authority

shall be borne by the person who acquired the title over Government

land.

PART VI

Criminal Proceedings

Proceedings for an offence under this Act shall be taken

by the Police decided by the Court of Magistrates as a court of

criminal judicature

Provided that if a higher punishment applies to the offence

under any law when the circumstances mentioned in the other law are

referred to in the offence, the punishment of that law shall apply and

the proceedings shall be held before the competent court.

PART VII

Judicial Terms

(1) The Court vacations mentioned in Court Practice and

Procedure and Good Order Rules shall not hold back the hearing of the

cases and appeals filed under this Act, during the court vacations.

(2) At any given time, any Board, Tribunal or Court competent

to hear any proceeding under this Act may, for serious and necessary

reasons, by means of a decree, extend for a reasonable period the

judicial time limits that are imposed on them according to this Act.

PART VIII

Transitory Provision

Any act, decision or action taken before the coming into

force of this Act in accordance with articles 468 and 468A of the

Code of Organization and Civil Procedure, articles from 1576A to

1576D of the Civil Code, the Commissioner of Land Ordinance,

articles 20 to 26 of the Agricultural Leases (Reletting) Act, Land

(Compulsory Eviction) Act, the Disposal of Government Land Act

and the Administration of Lands Act shall continue to be regulated by

the laws that were into force before the coming into force of this Act.

PART IX

General Amendment

The words "Commissioner of Lands" shall be substituted

by the words, wherever they occur in any other law, by the words

"Lands Authority".

PART X

Repeal and Saving

(1) Without prejudice to anything made or any liability Repeal and

incurred thereunder, the laws or articles or parts of laws listed in sub- saving.

article (2) (hereinafter referred to as ‘repealed laws’) shall be

repealed.

(2) The Land Acquisition (Public Purposes) Ordinance, Cap.

88; Commissioner of Land Ordinance, Cap. 169; Land (Compulsory

Eviction) Act, Cap. 228; Disposal of Government Land Act, Cap.

268; Administration of Lands Act, Cap. 448 and articles 468 and

468A of the Code of Organization and Civil Procedure, Cap. 12;

article 1576A to article 1576D of the Civil Code, Cap. 16; articles 20

to 26 of the Agricultural Leases (Reletting) Act, Cap. 199.

(3) Any regulation made under the repealed laws shall continue

in force as if it was made under the corresponding provision of this Act,

and may be amended, repealed or substituted accordingly.

Passed by the House of Representatives at Sitting No. 507 of the

12th April, 2017.

ĊENSU GALEA

Deputy Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€4.50