ACT No. XXXIII of 2023 AN ACT to provide for the regulation, protection, conservation and management of agriculture in Malta and matters incidental thereto.

I assent.

(L.S.)

FRANK BEZZINA

Acting President

17th October, 2023

ACT No. XXXIII of 2023

AN ACT to provide for the regulation, protection, conservation and

management of agriculture in Malta and matters incidental thereto.

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

consent of the House of Representatives, in this present Parliament

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

(1)

The short title of this Act is the Agriculture Act, 2023.

Short title and

commencement.

(2) This Act shall come into force on such date or dates as the

Minister responsible for agriculture and rural affairs may, by notice in

the Gazette, establish and different dates may be so established for

different provisions and, or purposes of this Act

(Article 20(2))

Subsidiary Legislation deemed to have been made under this Act

SUBSIDIARY LEGISLATION

CURRENT

NEW RE-

NUMBERING

NUMBERING TO

BE GIVEN

Production of Olive Oil

Regulations

Agriculture Consultative

Council Regulations

Establishment of the

National Register of

Tr a d i t i o n a l A g r o - F o o d

Products

of

Malta

Regulations

Establishment of the

‘Product of Quality’ National

Scheme Regulations

Organic Production and

Labelling of Organic

Products Regulations

F r u i t a n d Ve g e t a b l e

Producer Organisations

Regulations

Producer Organisations

(Certain

Products)

Regulations

Wi n e S e c t o r P r o d u c e r

Organisations Regulations

Producer Organisations

Board Regulations

Passed by the House of Representatives at Sitting No. 154 of the

11th October, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.89

In this Act, unless the context otherwise requires

"agriculture" means the cultivation of agricultural and

horticultural crops and the rearing of livestock;

"agricultural activity" means the production, rearing or

growing of agricultural products including harvesting, milking,

breeding animals and keeping animals for farming purposes, or

maintaining the land in good agricultural and environmental

condition;

"agricultural holding" means all the production units

including those managed by a farmer, livestock breeder, or

processor;

"agricultural industry" or "agricultural sector" means the

business of agricultural and horticultural crops, and of breeding

livestock;

"agricultural products" means the products listed in Annex

I to the Treaty on the Functioning of the European Union, with

the exception of fishery products, but including cotton;

"authorisation" means an administrative act by which the

Director may permit any activity pertinent to this Act, following

the submission of an application;

"authorised person" means a person duly authorised by the

Director to carry out inspections and other functions with a view

to the attainment of the objectives of this Act or any other

regulations made thereunder;

"competent authority" means the Agriculture Directorate;

"Director" means the Director responsible for agriculture

and includes, to the extent of the authority given, any officer

authorised by him in writing, to act on his behalf for any of the

purposes of this Act or any regulations made thereunder;

"Directorate" means the Agriculture Directorate and

includes the Director or any authorised body or person acting on

the Directorate’s behalf in accordance with the powers delegated

by the Directorate under this Act;

"farmer" means a natural or legal person, or a group of

natural or legal persons responsible for a holding and who

exercises an agricultural activity;

"fertile soil" means soil which, in the opinion of the

Director, is suitable or could be made suitable for purposes of

agriculture;

"Malta" shall have the same meaning as that assigned to it

by article 124 of the Constitution;

"Minister" means the Minister responsible for agriculture

and rural affairs;

"person" means a natural person, and includes any

commercial partnership, firm, company, or other association of

persons or any other legal entity;

"producer organisations and producer groups" means an

initiative of producers of particular products or of persons

working in the agricultural industry, acting together to improve

their position in the marketplace;

"Tribunal" means the Administrative Review Tribunal

established by article 5 of the Administrative Justice Act.

PART II

Administration

(1) This Act shall be administered by the Director who shall Powers of the

Director

be responsible for

responsible for

Agriculture.

(a) the development and implementation of the National

Agriculture Policy;

(b) the taking of such measures as he may consider

appropriate for the protection, conservation, sustainability of

agricultural land, livestock and products;

(c)

the collection of data related to all aspects of the

production and processing of agricultural products including but

not limited to agricultural holding structure, location,

accountancy, employment and agricultural and processing

practices adopted for the preparation of policy, drawing up of

statistics and maintenance of databases;

(d) the monitoring, control and surveillance

of

agricultural activity and activities ancillary thereto;

(e) the issue, variation, suspension and revocation of

permits and licences for agricultural activities, and any

equipment or machinery used in connection with agriculture and

other activities for which permits or licences are required under

this Act or any subsidiary legislation made thereunder;

(f) providing

regulatory

provisions

for

land

fragmentation and consolidation;

(g) the collection of fees in respect of permits and

licences as well as the collection of fees for licences issued for

all other categories of permits and licences referred to in

paragraph (e);

(h) the setting up and administration of extension

services to provide support to the agriculture sector;

(i) any other matters which shall require administration

under this Act.

(2) The Director may, in writing, authorise any public officer to

exercise any or all of the powers of the Director in accordance with

this Act, either concurrently with him or in his absence, subject to such

conditions as he may stipulate in writing in his authorisation.

PART III

Policies, Plans and Regulations

Without prejudice to the provisions of this Act, the

sustainable management of the agriculture sector shall be regulated by

plans, policies and regulations, which are prepared and amended, from

time to time, in accordance with the provisions of this Act.

(1) The National Agricultural Policy is a strategic

governance document which establishes the policy framework for the

preparation of plans, policies and programs issued in accordance with

this Act.

(2) The Agriculture Directorate shall prepare the National

Agricultural Policy. In preparing such document, the Agriculture

Directorate shall consult with all the entities, whether public or

otherwise, including ministries, as the Agriculture Directorate may

deem proper.

(3) The Minister shall review the National Agricultural Policy

every ten (10) years, unless a review of said policy is required prior to

the lapse of the ten (10) years

Provided that if the Directorate is unable, for whatever reason,

to prepare the National Agricultural Policy or its review, the Director

shall inform the Minister without delay and the Minister shall instruct

the Directorate to delegate such function, and in so doing it shall

ensure that the provisions of this Part are complied with.

(4) In preparing or reviewing the National Agricultural Policy,

the Minister shall have regard to

(a)

the policies of the Government;

(b)

environmental policies;

(c)

current economic and financial policies;

(d)

current social policies;

(e) European Union legislation and policies and other

international environmental convention obligations to which

Malta is a party;

(f) the resources likely to be available in all relevant

government entities for the implementation of the strategy.

The Minister may, by order in the Gazette, designate different Power to

bodies or persons as a competent authority for different provisions and delegate.

different purposes of this Act or any regulations made thereunder.

(1) The Minister may make regulations, rules and orders for Power to make

the better carrying out of the provisions of this Act that include the regulations.

power to amend, repeal, add to, and vary any such instrument, from

time to time

Provided that the Minister may by regulations repeal, add to,

and vary any of the Schedules to this Act.

(2) Without prejudice to the generality of the provisions of sub-

article (1), the said regulations may in particular provide for

(a) matters relating to the importation, exportation,

production, processing, marketing and sale of agricultural

produce;

(b) the establishment of national schemes for the purpose

of providing financial assistance and other forms of guidance or

assistance of any nature to the agricultural industry;

(c) measures to be taken to ensure compliance with

European or international obligations and other standards

relating to products, practices or equipment relating to the

agricultural industry;

(d) measures to impose administrative penalties or

sanctions or daily fines upon any person who breaches any of the

provisions of this Act or of any regulations made thereunder;

(e)

producer organisations and producer groups;

(f) products being direct derivatives of local agricultural

or animal husbandry primary produce;

(g) matters relating to sustainable management and

agricultural practices to preserve the natural resources and

agricultural ecosystems;

(h) matters relating to quality schemes of agricultural

products and organic production and marketing;

(i) measures related to the establishment of national

registers of products, varieties, or breeds of relevance to the

agricultural sector;

(j) matters relating to crop production, vineyard

establishment, wine and olive production;

(k) administrative checks, collection of data, verification

of records and on-the-spot checks on agricultural holdings to

ensure compliance with this Act and any regulations made

thereunder;

(l) the setting up and maintenance of a fund or funds

specifically set up for the agricultural sector;

(m) data collection for the establishment of

an

agricultural information system, and any relevant research;

(n)

measures for the protection, management and

conservation and guardianship of agricultural land;

(o)

land registration for agricultural purposes;

(p) the establishment of procedures for the recognition of

professionals in the sector of agriculture and agricultural related

areas;

(q) the prescription of charges and fees that may be

levied for services rendered under this Act, or in respect of any

matter for which it is considered that a fee should be payable;

(r)

the commencement of any international treaty or

instrument, including directives, regulations and decisions,

relating to any matter governed by this Act to which Malta may,

from time to time, be a party or subject, and to set up structures

and make other provisions for the implementation thereof;

(s) the setting up of objectives, issuing directives and

establishing recommended agricultural practices in relation to

agriculture sectors;

(t) the prescription in the form of any notice, order or

other document authorised or required by this Act to be made,

submitted, served or given;

(u) the making of provisions regarding a contingency

plan in the event of any crisis relating to any matter regulated by

this Act;

(v) administrative penalties and fines (multi), including

out of court settlement arrangements;

(w) the drafting of regulations related to the management

of soil present in agricultural areas;

(x) the recognition and protection of plant varieties and

animal breeds, including sub-species that are considered to be both

authochthonous and of agricultural importance;

(y) the prescription of anything which may be or is

required to be prescribed by this Act.

(3) Notwithstanding the other provisions of this Act or of any

other law, regulations published under this Act may be published in

the Maltese language only or in the English language only, or in

both languages.

PART IV

Enforcement

(1) Notwithstanding the provisions of any other law, for the General powers

purposes of carrying out their functions under this Act, the Director or of

officers.

any officer or authorised person by the Director, shall have the right to

(a) enter any agricultural holding, or any other premises,

public or private, at all reasonable times, and in the case of a

dwelling house after giving reasonable notice of at least twenty-

four (24) hours, to inspect, detect and investigate any offence

under this Act or any regulations made thereunder, which has

been committed or likely to be committed; to collect evidence

and without prejudice to the generality of the powers to examine

under this Act, said person shall have the power to examine or

enter any structure, enclosure, commercial premises such as

retail outlets and warehouses, vehicle, station, documents,

equipment, laboratory, farm, parcel or any item that is necessary

to be examined in order for the Director or authorised person to

execute the duties so as to achieve the objectives falling within

the competence of this Act

Provided that any authorised person entering any

premises in accordance to paragraph (a) shall produce proof of

his identity and authorisation to enter prior to or upon entering

such premises

Provided further that the twenty-four (24) hours

notice to enter into a dwelling house shall not be applicable if the

Director himself, but not any other official acting under his

delegated authority, considers that there is reasonable suspicion,

on the basis of substantiated grounds, that an offence under the

Act or the regulations made thereunder has been committed or is

about to be committed

Provided further that in the event that the owner of a

private property or any other premises cannot be identified, the

officer may enter by means of force and without prior warning or

consent of the owner of said private property, to execute his duties

which fall under his competence so as to achieve the objectives

of this Act and when in the discretion of the Director, there is

serious jeopardy;

(b) seize or seal off any agricultural produce or product

in relation to which an infringement under this Act or any

regulations made thereunder has been committed or likely to be

committed;

(c) seize, seal off, or render non-functional any

equipment, products, gear, instruments and, or electronic

appliances which they reasonably believe have been used in the

commission of such offence or in respect of which they

reasonably believe that such offence has been committed or that

is the result of an infringement under this Act or any regulations

made thereunder;

(d) seize or take copies of any documents which they

believe are relevant to any such offence in accordance with this

Act or any regulations made thereunder;

(e) inspect all records, licences, permits and notifications

issued under this Act or required to be kept or preserved under

this Act or any regulations made thereunder;

(f) carry out inspections, monitor any activity, elevate

samples, take photographs, film, video recording or electronic

images in order to verify compliance, or in pursuance to any

investigation of offences under this Act or any regulations made

thereunder or any conditions subject to which a licence or permit

is issued under this Act or any regulations made thereunder;

(g) may request and shall be provided with any

information held by departments or other public bodies

responsible for agriculture and from any person who is involved,

concerned or regulating the agriculture sector in any manner or

having an interest therein be furnished with such information as

such authorised person may reasonably require with respect to

any matter regulated by this Act or any regulations made

thereunder; and

(h) generally ensure compliance with the provisions of

this Act or any regulations made thereunder.

(2) For the purpose of performance of any function under this Act,

the Director, officers or any other such officer or person as may be

authorised by the Agriculture Directorate may request the assistance of

the Executive Police, any local council, any voluntary organisation or

private sector, any department of Government or any government

agency.

(3) Whenever any seizure is made, except in the presence of the Seizure notice

offender or owner, of any thing as forfeited in accordance with this to

owner of seized

Act, the authorised person acting as the seizing official shall give goods.

notice in writing of such seizure and of the grounds thereof to the

owner of the things seized, if known, either by delivering the notice to

him personally or by letter addressed to him and sent by registered

post or delivered at his last known place of abode or business in Malta.

(4) All goods seized in accordance with this Act, shall be deemed Seized goods to

to be forfeited ipso jure, and may be sold or donated, or otherwise be

within thirty

disposed of as the Director may order

days.

Provided that the Director cannot dispose of such things if,

within thirty (30) days from the date of seizure, the person from whom

such seizure has been made, or the owner of such things seized, or

some person authorised by him, gives notice in writing to the Director

that he claims the things so seized or that he intends to claim them and

if within thirty (30) days from the date upon which such notice was

given, proceedings are instituted by the claimant in the competent civil

court

Provided further that if proceedings are not instituted within

thirty (30) days from date of notice, the claim shall be deemed to be

abandoned and the Director can dispose of such things.

(5) When any thing seized in accordance with this article is of a

etc., may be sold .

perishable nature or is, in the opinion of the Director, likely to suffer a

substantial loss of value by the lapse of time, or is a living creature, by

order of the Director, they may be sold, donated or disposed of

Provided that when the thing of a perishable nature is sold,

and court proceedings are instituted, the Director shall deposit the

proceeds of the sale in court pending an order by the court in respect of

the seizure or otherwise of the proceeds, to the person from whom the

things were seized in accordance with this Act.

(6) When a seizure made in accordance with this article is

contested in accordance with sub-article (4), the Director may, at any

time, if he deems fit and notwithstanding the pendency of the

proceedings wherein the seizure is contested, deliver anything seized

to any claimant upon the payment by the said claimant to the Director

of a sum representative of the value of the thing as the Director deems

proper, or upon the claimant giving to the Director such sufficient

guarantee for the eventual payment of such sum, which guarantee is to

have the same value as the thing as the Director deems fit. Such sum or

such guarantee, as the case may be, shall be retained to honour the

outcome of any claim that may be legally made in respect thereof and

shall, for the purpose of any proceedings in accordance with this Act in

respect of the seized goods, represent and substitute the said seized

goods.

(7) For the purpose of any fulfilment of any functions in

accordance with this Act or any regulations made thereunder, the

Director, or any other such authorised person may request the

assistance of the Executive Police, the Comptroller of Customs, any

local council, or any Government department or agency, as may be

required.

(8) The provisions of sub-article (1) shall be without prejudice to

the powers of the Executive Police, community officers, the

Comptroller of Customs, or of any other authority under the Criminal

Code or other law.

(9) The Director, or any other officer appointed or authorised in

accordance with this Act or any regulations made thereunder, shall,

notwithstanding any other law, have the right to assist the Executive

Police or Attorney General in the conduct of prosecution in accordance

with this Act or regulations made thereunder and to plead the case

before the court

Provided that any expenses related to the confiscation,

impounding, seizure and, or disposal of any agricultural produce,

animals and, or any equipment shall be fully borne by the offender.

Any person who

Offences and

punishments.

(a) assaults, hinders, obstructs, molests or interferes or

attempts to assault, hinder, obstruct, molest or interfere, resist or

wilfully obstructs any authorised official or other appointed

person or any officer of the Executive Police, community officer,

or public officer, employee or worker of any department of

Government or of any Government agency in the execution of

duties in accordance with this Act or regulations made

thereunder;

(b) refuses or fails to comply with any order or direction

lawfully made or given under this Act and, or any regulations

made thereunder;

(c)

without reasonable cause fails to

(i) provide the requested information to an

authorised official; or

(ii) produce anything required to be produced in

accordance with this Act and, or any regulations made

thereunder;

(d) fails to allow a search or inspection in accordance

with this Act and, or any regulations made thereunder;

(e) prevents or attempts to prevent another person from

complying with any orders or directions or from answering any

questions, or producing anything or allowing a search or

inspection; or

(f) for the purposes of obtaining any licence or permit,

or for the purported compliance with any requirement to provide

any information under this Act and, or any regulations made

thereunder, provides information which he knows to be false in a

material fact or recklessly provides information which is false in

a material fact,

shall be guilty of an offence and liable, on conviction, to a fine (multa)

of not less than four hundred and sixty-six euro (€466) but not

exceeding six thousand euro (€6,000).

(1) No authorised person or officer of the Executive Police,

community officer, or public officer, employee or worker of any

department of Government or of any Government agency in the

execution of duties in accordance with this Act or regulations made

thereunder, shall be liable for any loss or damage suffered by any

person by reason of anything done or omitted to be done in good faith

in the course of the administration of this Act or of any regulation

made thereunder.

(2) No action or legal proceedings can be instituted against the

Government in respect of any loss arising from the detention of

produce or from their deterioration on account of such detention for

the purpose of inspection under this Act or any regulations made

thereunder.

Any person who contravenes any provision of this Act or any

regulations made thereunder for which no fine (multa) is specifically

provided, shall be liable to a fine (multa) of not less than fifty euro

(€50) but not exceeding eleven thousand and six hundred and forty-six

euro and eighty-seven cents (€11,646.87).

(1) When the Director believes that any provision of this

Act or any regulations made thereunder have been contravened, the

Director or other person appointed by the Director may serve an

enforcement notice in accordance with sub-article (2).

(2)

An enforcement notice served in terms of sub-article (1) shall

(a) require the infringing party upon whom it is served,

to carry out such works or to take such steps as the Director may

establish in order to remedy, or to prevent the continuation or

repetition of any contravention for which the enforcement notice

was served; and

(b) state the period within which any such requirement is

to be complied with.

(3) The period stated in the enforcement notice for compliance

with any such requirement shall be such period as is reasonable in the

circumstances and shall not in any case be a period of less than twenty-

eight (28) working days.

(4)

The Director may at any time

(a)

withdraw the enforcement order;

(b) extend the period for compliance

with

any

requirement of the enforcement order; or

(c)

modify the requirements of the enforcement order.

(1) When the Director has reasonable cause to believe that Administrative

an infringement of any provision of this Act or any regulation made penalties.

thereunder has been committed by any person, and the infringing party

did not comply with the conditions and, or with the time frames of the

enforcement notice referred to in article 12, or when an enforcement

notice could not be issued as the infringement cannot be remedied, he

may order that person to be notified in writing in accordance with sub-

article (2).

(2) A notice in accordance with sub-article (1) shall contain the

following

(a) the date or time periods and the circumstances in

which the infringement took place;

(b) the provisions of the law providing for the

infringement;

(c) a summary of the facts upon which the allegation that

the infringement was committed is based, which is sufficient to

fully and fairly inform the person of the allegation against him;

(d) any other matters that the Director considers relevant

to the imposition of a penalty;

(e) the amount of the penalty due, and where the penalty

due depends on a previous infringement, the date of such

infringement; and

(f) if it so appears reasonable to the Director and without

prejudice to the other provisions of the law, if applicable, the

suspension for that time period, as notified, of any licence, and,

or permit or any other type of authorisation in accordance with

this Act or any regulations made thereunder, or by the Director

under any other law, and in the notice, there shall be a written

declaration that such notice is being issued under this article.

(3) When a person is served under sub-article (1) does not, after

the notice is served upon him, admit the infringement and pay the

amount imposed within thirty (30) days, the Director shall institute

proceedings or request proceedings to be instituted before the Court in

respect of the alleged infringement.

(4) When a person admits to an infringement under this article,

the Director shall impose a monetary penalty on that person in respect

of the infringement. The Director shall take into account any or more

than one of the following criteria when determining the amount of the

infringement which is to be imposed

(a)

the nature and the extent of damage caused;

(b)

the intention of the offender;

(c)

the economic situation of the offender; and

(d)

any repetition of the violation.

(5) The penalty imposed under sub-article (4) shall be due as a

civil debt enforceable by the competent court of civil jurisdiction in

favour of the Government and the admission under oath by the person

on whom the penalty is imposed shall constitute an executive title for

the purposes of article 253 of the Code of Organization and Civil

Procedure.

(6) Notwithstanding any other provisions of this Act or any other

regulations made thereunder, where an infringement has been admitted

under this article, no charge may be issued in respect of such

infringement against any person who registered an admission.

(7) Proceedings in respect of an infringement under this Act or

any other regulation made thereunder, shall be taken before the Court

of Magistrates as a court of criminal judicature and the provisions of

the Criminal Code relating to criminal proceedings before such court

shall, subject to the articles of this Act, apply in respect of proceedings

for infringements under this Act or any other regulations made

thereunder.

(8) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgment given by the Court of Magistrates

(Malta) or the Court of Magistrates (Gozo) in respect of proceedings

for any offence under this Act.

(9) Nothing in this article shall apply to any infringement in

respect of which any charge has already been made.

Where an infringement is committed by an association or

body of persons, any person who, at the time of the commission of the

infringement, was a director, manager, secretary or other similar

officer of such association or body of persons, or was purporting to act

in any such capacity, shall be guilty of that offence unless he proves

that the offence was committed without his knowledge and that he

exercised all due diligence to prevent the commission of the offence.

(1) The Administrative Review Tribunal established by Administrative

article 5 of the Administrative Justice Act shall be competent to hear Review

Tribunal.

and determine appeals made by any person aggrieved by any decision Cap. 490.

of the Director not to grant or renew, or suspend or revoke an

authorisation, a licence or a permit, or to impose conditions,

limitations or exclusions related to them.

(2) The Administrative Review Tribunal may require any

department or agency of the Government to provide the Tribunal with

such information or advice as the Tribunal may deem necessary for the

proper execution of its functions.

(3) An appeal in accordance with this sub-article to the

Administrative Review Tribunal shall be filed within twenty (20) days

from the notification of the Director’s decision.

(4) There shall be a right of appeal in accordance with the

provisions of Part IV of the Administrative Justice Act from decisions Cap. 490.

of the Administrative Review Tribunal under sub-article (1) and said

appeal shall be to the Court of Appeal (Inferior Jurisdiction).

PART V

Miscellaneous

(1)

Decisions on applications shall be taken without delay.

Decisions to be

taken without

delay.

(2) The Minister may, after consultation with the competent

authority, make regulations to give better effect to the provisions of

this article.

The Directorate may also undertake a review of any such Review of

activities carried out before the coming into force of this Act, or any activities.

other Act preceding this Act, not in compliance with the rules, the

regulations, the plans, the policies or authorisations in force at the

time the activity took place, and in respect of any such an activity

the Directorate shall have such powers as it has in respect of an

activity carried out after the coming into force of this Act in order to

ensure that the rules, the regulations, the plans and the policies

aforesaid are complied with or to regularise any such an activity to

the extent that the Directorate deems adequate in the circumstances.

(1) Where any other notice, order, instrument or document Notification of

is required or authorised to be served or given by or under this Act, documents.

it may be served or given in any of the following manners

(a) by delivering it to the person on whom it is to be

served or to whom it is to be given;

(b) by leaving it at the usual or last known place of

residence of that person or, if such person has furnished an

address for service, at that address;

(c) by sending it by means of a registered letter

addressed to that person at the place of residence or the address

for service aforesaid;

(d) in the case of a body corporate or other body of

persons, by delivering it to an officer or employee thereof at the

registered or principal office, or sending it by means of a

registered letter addressed to the body aforesaid at that office;

(e) in any case in which it is not reasonably possible to

effect service in any of the aforementioned manners, whether on

all or on any one or more of the persons on whom service is to be

made or notice is to be given, by affixing the document to be

served or given in a conspicuous place on the land to which it

relates and keeping it so affixed for a period of not less than

seven (7) days;

(f) in any case in which it is not reasonably possible to

effect service in any of the manners referred to in paragraphs (a)

to (e) whether on all persons or on any one or more of the

persons on whom service is to be made or notice is to be given,

by publication in a local newspaper; or

(g) when the order, notice, or other document to be served

or given is affixed on the land but is removed before the expiry

period of seven (7) days, the reaffixing of the order, notice or

other document shall only be for the remaining period after the

document was removed.

(2) When the notice or other document is required or authorised

to be served or given to any person as having an interest in the land,

and the name of that person cannot be ascertained after reasonable

inquiry, or is required or authorised to be served on an occupier of

land, the notice shall be deemed to be duly served or given if it is

served or given in any of the manners indicated in sub-article (1) and

addressed to the person having an interest in the land by the

description of "owner" or "occupier".

(3) A person who at any time after an order, notice or other

document is affixed in accordance with this article, removes,

damages or defaces the said affixed order, notice or other document

during its term of validity without lawful authority shall be found

guilty of an offence and shall be subject to a fine (multa) not

exceeding a maximum amount of one thousand euro (€1,000).

(1) The Agricultural Returns Ordinance and the Agricultural Repeal, saving

Produce (Export) Ordinance, hereinafter referred to as "the repealed and

provisions.

Ordinances" are hereby repealed and any references in any law to the Cap.

84. repealed Ordinances shall be construed as references to this Act.

(2) Any order, rule, regulation, bye-law, notice, plan or policy

or other instrument having the force of law made under the authority

or kept in force under any provision of the repealed Ordinances shall

continue to be in force and shall continue to have effect as if made

in accordance with this Act and may be amended, substituted or

revoked accordingly.

(3) Any licence, permission, authority, order, notice or certificate,

or any prosecution or charges granted or made under or kept in force

under any of the provisions of the repealed Ordinances and still in

force immediately before the date of coming into force of this Act,

shall as from such date continue in force as if it were a licence,

permission, authority, order, notice or certificate, or prosecution or

charges granted or made under a corresponding provision of this Act,

and any such licence, permission, authority, order, notice or certificate,

or prosecution or charges as aforesaid shall be treated and dealt with

accordingly

Provided that in the case of any such licence, permission,

authority, order, notice or certificate issued as operative for a specific

period, such licence, permission, authority, order, notice or certificate

shall remain operative for such a period from the date such licence,

permission, authority, order, notice or certificate was issued.

(4) Any law prior to the coming into force of this Act shall be

deemed, unless other provisions are made under or by virtue of this

Act, to have remained in force, including for the purpose of any act,

decision, action or proceedings which have been commenced prior to

the said date.

(1) In the Second Schedule to the Administrative Justice Consequential

Act, immediately after the item "Malta Digital Innovation Authority amendments.

Act" there shall be added the following new item

"Agriculture Act

Inferior Competence".

(2) Upon the coming into force of this Act, the subsidiary

legislation listed in the first column of the Schedule shall be deemed to

have been made under the corresponding provisions of this Act, and

shall be re-numbered accordingly as specified in the third column of

the said Schedule.