AGRICULTURAL RETURNS ORDINANCE *

CHAPTER 84

AGRICULTURAL RETURNS ORDINANCE *

To facilitate the preparation of agricultural statistics.

(8th January, 1935) †

ORDINANCE I of 1935, as amended by Ordinances: XIX and XXII of

1935; Act XIX of 1949; Legal Notice 4 of 1963; Acts: XXIII of 1966,

XXXIII of 1969; XLIX of 1981 and XIII of 1983; and Legal Notice 408 of

2007.

The short title of this Ordinance is the Agricultural Returns

Ordinance.

In this Ordinance -

"agricultural land" includes any grazing, meadow, pasture,

fallow, or unproductive land, and any vineyard, oliveyard, or

orchard and any fruit or kitchen garden having an area of not less

than one thousand one hundred and twenty-four square metres, and

any glass-house or polythene-house having an area of not less than

seventeen square metres;

"farmhouse" includes any farmyard, cowshed, stable, piggery,

and any sheep, goat or poultry run, and any other place where farm

animals or poultry are usually kept;

"owner" includes the occupier and any person having the

management of any agricultural land or farmhouse, and

"ownership" shall be construed accordingly.

(1) The Director of Agriculture may, at any time, by notice

served on the owner of any agricultural land or farmhouse in Malta,

require him to make, within the time, not being less than seven

working days, limited by such notice, a return specifying -

(a) the area of the land in cultivation and of the several

crops thereon;

(b) the area of the land in fallow or used for grazing;

(c) the livestock kept on the land or in the farmhouse;

(d) the nature of the tenure of the land;

(e) the rural labour employed; and

(f)

such other particulars concerning the agriculture of

Malta and kindred industries as the Director of

Agriculture may require.

(2) The Director of Agriculture may, at any time, by notice

served on the owner of any dairy, winery, or cannery in Malta,

require him to make, within the time, not being less than fifteen

working days, limited by such notice, a return specifying the raw

materials and labour employed by him, the animal or mechanical

* This Ordinance has been repealed by Act XXXIII of 2023.

†See Proclamation No. I of the 8th of January, 1935.

means employed and any other equipment used and all such other

data concerning dairying, wine-making, and canning, and kindred

industries in Malta as the Director of Agriculture may require.

(3) Such returns shall be made in accordance with the

instructions contained in the notice.

(4) The owner of any agricultural land or farmhouse who, after

having made a return as provided in subarticle (1), ceases otherwise

than by death to be the owner of the agricultural land or farmhouse

to which the return relates, shall, within one month, report the fact

to the Director of Agriculture, and shall give such information

concerning the change of ownership as the Director of Agriculture

may require.

Where the change of ownership occurs through the death of

the previous owner, then the said report shall be made and the

information shall be given as aforesaid by the new owner.

(5) Any person who fails to comply with the requirement of

subarticle (4) shall, on conviction, be liable to a fine (multa) of not

more than twenty-three euro and twenty-nine cents (23.29).

(1) Any notice under this Ordinance may be served on the

owner or on a member of his family either personally or by post.

(2) In default of evidence to the contrary, a postal letter shall be

presumed to have been delivered on the working day after that of

posting.

Any return in writing under this Ordinance may be

delivered personally or sent by post free of postage to the person

specified in the notice.

No individual return or part of a return made under this

Ordinance shall be used, published or disclosed without the

authority of the owner, except for the preparation and publication

of agricultural statistics or of a prosecution under this Ordinance

Provided that it shall be lawful for the Director of Agriculture

to furnish to the Commissioner of Land any information contained

in a return made under this Ordinance as may be required in order

to establish the ownership or the nature of tenure of any

agricultural land or farmhouse.

The Minister responsible for agriculture may make, amend

and repeal regulations for carrying out the provisions of this

Ordinance. Without prejudice to the generality of the aforesaid

provision, such regulations may provide for the production to the

Director of Agriculture of such documents as may be specified

therein.

If any person -

(a) refuses or without lawful excuse neglects to make a

return required to be made under this Ordinance, to the

best of his knowledge and belief; or

(b) makes or causes to be made a return which is false in

any particular; or

(c) uses, publishes, or discloses contrary to the provisions

of this Ordinance any individual return or part of a

return of which he is aware by reason of his office,

he shall be liable to a fine not exceeding four euro and sixty-six

cents (4.66) or, if the court is of opinion that the offence was

committed wilfully, to a fine not exceeding forty- six euro and

fifty-nine cents (46.59) or to imprisonment for a term not

exceeding three months.