GOVERNMENT LANDS ACT (kompetenzainferjuri)

CHAPTER 573

GOVERNMENT LANDS ACT

AN ACT to regulate the administration of Government land, land

acquisition for public purposes, to establish a procedure that shall be

followed related to this acquisition, to provide for eviction from lands and

properties which are either administered or held by the Government under

any title and to regulate the grant of title to any immovable property of the

Government or that which is administered by such Government, and to

provide for matters connected therewith and ancillary thereto

25th April, 2017

ACT XVII of 2017, as amended by Legal Notice 212 of 2023.

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

PART I

General Provisions

In this Act unless the context otherwise requires

"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

Government 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;

"d welli ng h ouse" m ean s a bui ldin g, a part of a b uild ing

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 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

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

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

virtue of the Commissioner of Land Ordinance or the Housing

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

Limited (C-28965) and the Housing Authority.

The authority may by means of a notarial act assign rights

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

the 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,

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

Procedure shall apply to the competent authority.

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

to do, shall furnish to the competent authority such information in

his possession relating to any land, being information which may

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

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

a r t ic l e 7 , w he t he r b y r e f us i ng t o s u pp l y in f o r m a ti o n or b y

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 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

p e r m i s s i o n o f t h e Co u r t a s l a id d o w n i n a r t i cl e 2 2 4 o f t h e

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

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

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

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 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 as a

final judgement of the competent court unless anyone who has

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 i n the Code of

O rg a n i z a t i o n a n d C i v i l P r o c e d u r e o r m a y a l s o r e q u e s t t h e

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 and

of article 85 of the Criminal Code shall not apply to the execution

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

(1) The competent authority shall not be required to

provide alternative storage for any such movable property existing

in 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 authority

all reasonable expenses. The collection of such expenses shall be

made by the authority in accordance with article 65 of the Lands

Authority Act.

(1) Following the execution of the eviction and once the

evictee has been informed of the expenses incurred, such evictee

shall 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

d eput y c urat ors app oin ted fo r thi s pu rp ose b y m ean s 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

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, at

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

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

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.

(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

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

lease irrespective of the issue of public purpose, the lessee shall have no

right to compensation.

(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 burthen

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

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 Entities (Property) Act shall apply with regard to any

land 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

GOVERNMENT LANDS ACT

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

GOVERNMENT LANDS ACT

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;

GOVERNMENT LANDS ACT

(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;

GOVERNMENT LANDS ACT

(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

GOVERNMENT LANDS ACT

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

GOVERNMENT LANDS ACT

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 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 State Advocate 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 competent

authority upon expiry of the emphyteutical term, provided 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

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

r e n t a l o n l e a s e o f t h e l a n d a ff e c t e d o r t h e t u t o r, c u r a t o r,

administrator, procurator or other representative of the person so

entitled.

(1) So long as this is physically possible, the authority shall by

not later than fourteen days following the publication of the 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

indicating the compensation being offered for that land, the 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 take

possession thereof if no contestation is made to the Declaration as

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

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

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

the Land Registration Act and the absolute ownership thereof shall,

by 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

accordance with this article and to any further compensation that

may be due for the purposes of this Act (hereinafter referred to as

“the 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 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 74.

(7) The provisions of the Code of Organization and Civil

Procedure shall apply to the hearings of cases before the Civil

C o u r t , F i r s t H a l l , a n d s h a l l a p p l y mutatis m utandis t o a l l

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.

(1) Where the chairman is a person who has held office of

judge but no longer holds such office he shall take and subscribe an

oath before the State Advocate to exercise his functions under this

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.

(1) The Arbitration Board shall be competent

(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

P r o c e d u re sha ll, as far as pra cticab le, be app li cab le to t he

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.

(1) Whenever a question arises before the Arbitration

Board requiring the valuation of any land or any other technical

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.

Where, out of the proceedings before the Arbitration Board,

there arises any question which is not included under article 58(1),

the Board shall reserve such question to be decided by the Civil

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.

(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.

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.

(1) If land which is subject to a Declaration issued before the

entry into force of this Act remains unacquired in terms of one of the

manners referred to in this Act and such land has not been used for

public purposes for a period of more than ten years from the issue of the

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.

(1) When land is subject to a Declaration which has been

issued before the entry into force of this Act and such land is in

possession of Government without having issued any notice to treat or

without having indicated the compensation offered for its acqusition,

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.

(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)

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.

(1) In the cases referred to in articles 64 and 65, the 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

(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.

(1) When land not subject to a Declaration is occupied or

administered by a competent authority, anyone who proves to the

satisfaction of the Arbitration Board that he is owner of the land by 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

acqu ire t he lan d by ab sol ute pu rc hase it sha ll prov e t o th e

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.

(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.

(1) When land has been acquired by a competent authority

for use and possession during such time as the exigencies of the

public purpose shall require, the owner may, after the lapse of ten

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.

Property regulated by the Ecclesiastical Entities (Property)

Act, shall notwithstanding any provision of this Act continue to be

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.

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

Lands Authority may for public purposes declare through a notice

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

u n de rgr o un d w o r k o r e xc a v a t io n m a de o r c o nst r u c t e d b y 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

s u c h l a n d , w i t ho u t t he p r io r p e r m is s i o n , i n w r i t i ng , o f t h e

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.

(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

su ch o rd er i s in fo r ce s ha ll , on co nv i ct i on by th e C ou r t o f

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.

(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.

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

by the Arbitration Board in accordance with this Act may appeal

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

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

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.