LAND ACQUISITION (PUBLIC PURPOSES) ORDINANCE

LAND ACQUISITION (PUBLIC PURPOSES)

*

CHAPTER 88

LAND ACQUISITION (PUBLIC PURPOSES)

ORDINANCE

To regulate the acquisition of land for public purposes and to establish

the procedure to be followed in relation thereto.

8th October, 1935

ORDINANCE XL of 1935, as amended by Ordinances: III and XIII of

1936, VI of 1937, X of 1945, XLV of 1946, XXXI of 1947 and V of 1949; Act

XXVII of 1956; Ordinances: IV of 1961 and XI of 1962; Legal Notice 4 of

1963: Acts: XIV and XXXI of 1966, XXIX of 1969, XXXIII of 1971, LVIII of

1974 and IV of 1975; Legal Notice 148 of 1975; Acts: XVII of 1979, XLIX

of 1981, XI of 1989, VIII of 1990, XIX of 1993, XXXIV of 1995, VI of 2001,

XI of 2002, III and XVII of 2004, and I and III of 2006; Legal Notices 181

of 2006 and 408 of 2007; and Acts XXI of 2009 and V of 2011.

The short title of this Ordinance is Land Acquisition

(Public Purposes) Ordinance.

(A RTICLES 3, 4, 8, 9, 12, & 35)

DECLARATION BY PRESIDENT OF MALTA

I hereby declare that the undermentioned land is required by the

competent authority for a public purpose in accordance with the

provisions of the Land Acquisition (Public Purposes) Ordinance

(Chapter 88)* and that the acquisition thereof is to be / by absolute

purchase. / for the possession and use thereof for a period of

............ years. / for the possession and use thereof for such time as

the exigencies of the public purpose require. / by way of public

tenure. / by way of the imposition thereon of an easement (here

state the easement to be imposed); or namely in order that it may be

examined with a view to its possible acquisition.

The compensation / recognition rent / acquisition rent offered is

€ .............. / € ............. per annum as per valuation herein attached

drawn up by architect ....................... .

I further declare that the possession of the land is required by the

competent authority within

days from the date on which this

Declaration shall be served on the owner or owners of the land.

DESCRIPTION OF LAND

1.

2.

3. *Omit whichever does not apply.

President

LAND ACQUISITION (PUBLIC PURPOSES)

Notice of President of Malta’s Declaration and of particulars of

land.

In the Land Arbitration Board.

Date.........................

To (here insert name of owner or owners).

A.B. in his capacity as Commissioner of Land hereby serves on

you a copy of a Declaration by the President of Malta (Exhibit A)

declaring that the land is required for a public purpose in the

manner specified therein. The land referred to is the following

(here insert particulars of land).

PROCLAMATION BY PRESIDENT OF MALTA

WHEREAS by virtue of Article 4 of the Land Acquisition

(Public Purposes) Ordinance (Chapter 88) it is provided that the

President of Malta may for any public purpose declare any land to

be subject to clearance rights or to subsoil rights

AND WHEREAS the property shown in the Schedule hereto is

required to be declared subject to ................................................ *

NOW THEREFORE I, in pursuance of the said article 4 of the

said Ordinance, do hereby proclaim that the property shown in the

Schedule hereto is subject to ........................................................ *

In this Ordinance unless the context otherwise requires -

"acquisition rent" means the periodical payments to be made in

terms of article 27(14), (15) and (16);

"agricultural or rural land" does 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 but includes

farmhouses, buildings intended mainly for the keeping of store

cattle or other domestic animals, and other structures of a kindred

nature;

"Board" means the Board established under the provisions of this

Ordinance;

"clearance rights" means the subjection of any land to the

restrictive conditions referred to in article 29;

"competent authority" means the Commissioner of Land;

"dwelling house" has the same meaning as that assigned to it in

the Rent Restriction (Dwelling Houses) Ordinance;

"historical building" means land, other than land consisting of

cultural property constituting religious cultural heritage of the type

referred to in article 52 of the Cultural Heritage Act, which

(a) is scheduled in accordance with article 46 of the

Development Planning Act; or

(b) constitutes cultural property for the purposes of the

Cultural Heritage Act; or

(c) is included in the list of buildings, sites and remains

having a geological, archeological, antiquarian or

artistic importance in the Schedule to the Protection of

*Repealed by Act XVII of 2017

LAND ACQUISITION (PUBLIC PURPOSES)

Antiquities Regulations; or

(d) is land which upon the advice of the Committee of

Guarantee established by article 14 of the Cultural

Heritage Act, given within two months after the said

Committee receives a request for advice from the

Minister and also after the said Committee has granted

an opportunity to any person with an interest in the

land to make his submissions, it is appropriate to

acquire for a public purpose on the grounds that

(i) it is of such historical or cultural significance as

to render it appropriate that it be acquired for the

purpose of maintaining or augmenting the

cultural environment or the tourism services

provided in Malta; or

(ii) is closely connected to events of major historical

importance which have contributed to the

national memory or to the national historical

identity;

"land" includes any building, tree or anything fixed in the land

and any portion of the shore, and any easement in or over land and

other rights of user and any right of interference;

"lease" includes the right of occupation or use of any land by any

title whatsoever;

"new urban tenement" means any urban building including

dwelling houses, buildings in which trade is carried on, clubs,

hotels and lodging houses, which, apart from fittings, decorations,

and alterations, even if structural, was not complete or ready for

use on the 31st March, 1939;

"old urban tenement" means an urban building including

dwelling houses, buildings in which trade is carried on, clubs,

hotels and lodging houses, which, apart from fittings, decorations,

and alterations, even if structural, was complete or ready for use on

the 31st March, 1939 provided that any repair of an old urban

tenement made as a consequence of damage by enemy or counter-

enemy action or any rebuilding of an old urban tenement the cost of

which was recognized as being payable under the provisions of the

War Damage Ordinance, 1943 * shall not change the "old" nature of

the tenement. "Old dwelling house" and "old shop" shall be

construed accordingly;

"owner" includes lessee or other person having an interest in the

land;

"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 historical identity, or the economic well being of the State or any

*Repealed by Act XXIX of 1980.

LAND ACQUISITION (PUBLIC PURPOSES)

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 Ordinance is connected with the utilisation 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;

"public tenure" means the tenure of land by a competent

authority, of which tenure the main qualities are set out in article

19(5), (6) and (7);

"recognition rent" means the periodical payments due in

consideration of the holding of land on public tenure;

"subsoil rights" means the subjection of any land to the

restrictive conditions regarding underground works and

excavations referred to in article 29.

The Palace, Valletta, this

day of 20

The President of Malta may by declaration signed by him

declare any land to be required for a public purpose

Provided that

(a) when land to which the said declaration refers is

required for a public purpose on account of the fact

that it is a historical building, the said declaration shall

state the said fact; and

(b) a historical building that is privately owned and kept

in a good state of maintenance and to which access to

the public, whether against payment or otherwise, is

granted on a regular basis by its owners or

administrators for educational, cultural or touristic

purposes shall not be acquired as a historical building

under this Ordinance.

Article 12(3)

where "A" is the value of the land at the time when the

competent authority took possession of the land;

"B" is the value of the land at the time when the land was

transferred by title of absolute purchase in favour of the

Government of Malta; and

*Note: here insert -

"clearance rights"

"subsoil rights", or

"clearance and subsoil rights"

as the case may be.

LAND ACQUISITION (PUBLIC PURPOSES)

"C" is the number of days between the dates of "A" and "B".

The President of Malta may for any public purpose declare

by proclamation that any land is subject to clearance rights or to

subsoil rights.

Article 12(3), second proviso

where "P" is the value of the land determined in the notice to

treat;

"Q" is the value of the land determined by the Land Arbitration

Board; and

"R" is the number of days between the date of taking of

possession of the land by the competent authority, and the date of

transfer by title of absolute purchase in favour of the Government

of Malta.

The competent 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 a stated time, or

during such time as the exigencies of the public

purpose shall require; or

(c) on public tenure

Provided that after a competent authority has acquired any

land for possession and use or on public tenure the conversion into

public tenure or into absolute ownership of the terms upon which

LAND ACQUISITION (PUBLIC PURPOSES)

such land is held shall always be deemed to be an acquisition of

land required for a public purpose and to be in the public interest

Provided also that, subject to the provisions of articles 14,

15 and 16, a competent authority may acquire land partly by one

and partly by another or others of the methods in paragraphs (a),

(b) and (c)

Provided further that 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.

(1) Without prejudice to the provisions of subarticle (2),

no person shall require any proof of the public purpose referred to

in articles 3 and 4 and in article 8(1) other than the declaration of

the President of Malta.

(2) Any person who has an interest in land, in respect of which

a declaration of the President as is referred to in subarticle (1) is

made, may contest the public purpose of the said declaration before

the Land Arbitration Board by means of an application to be filed

in the registry of the said Board within twenty-one days from the

publication of the said declaration and the provisions of the Code

of Organization and Civil Procedure applicable to the hearing of

causes before the Civil Court, First Hall, including the provisions

regarding appeals from such decisions, shall, mutatis mutandis,

apply to the determination of the said application

Provided that the filing of an application in terms of this

subarticle shall not hinder the continuance of the expropriation

proceedings or the doing of anything that may be done in respect of

the land as provided in this Ordinance during the time when the

application is still not determined, without prejudice to the right of

the applicant to seek compensation in the event that the declaration

of the President is found to be without public purpose.

(3) The competent authority shall by not later than four days

after the publication of the declaration of the President of Malta

affix as it deems appropriate and if physically possible a notice of

the said declaration on the land about which that declaration was

issued.

The competent authority may deal with and dispose of land

acquired by it in such manner and subject to such conditions as it

considers expedient having regard to the public interest or utility.

(1) Whenever the President of Malta considers it desirable

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

acquisition for any public purpose, he may make a declaration

signed by him to that effect, and thereafter it shall be lawful for any

person either generally or specially authorised by the competent

authority in that behalf, and for his 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 ACQUISITION (PUBLIC PURPOSES)

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

subarticle (1), the competent authority shall pay for all damage

done, and in case of dispute as to the amount to be paid, either the

competent authority or the person claiming compensation may refer

such dispute to the Board, whose decision shall be final.

(1) Whenever the President of Malta declares that any land

is required for a public purpose, the competent authority shall cause

a copy of such declaration (together with particulars sufficient for

the purpose of identifying the land) to be published in the

Government Gazette, in at least two local newspapers (one of

which must be a newspaper published in English and the other a

newspaper published in Maltese) and on the notice board of the

office of the Local Council of the locality where the land is

situated.

(2) The competent authority shall also file a copy of the

declaration and of the particulars in the registry of the Board, and

shall cause a copy thereof to be served through the Board in the

manner prescribed by the Code of Organisation and Civil Procedure

on every owner of and on every other party having a legal interest

in the land to which the declaration refers, of whose existence and

identity the competent authority is aware.

When the owner or any of the owners of land to be

compulsorily acquired by a competent authority is unknown or

uncertain or is absent or a minor or an incapacitated person not

legally represented or not known to the competent authority to be

legally represented, proceedings under this Ordinance shall be

instituted against curators to be appointed by the Civil Court, First

Hall, to represent that owner or owners as provided in the Code of

Organization and Civil Procedure.

LAND ACQUISITION (PUBLIC PURPOSES)

(1) Where the land to be acquired by a competent

authority belongs to a person interdicted, or to a minor, or to a

person subject to any other disability, or is dotal or subject to entail

or to usufruct or to use or habitation, or is the object of an

emphyteutical grant of which the time is determined by reference to

the duration of lives, no special judicial or other authorization shall

be necessary, but any compensation payable in terms of this

Ordinance, together with a sum amounting to 3% on the

compensation assessed, shall be deposited in the Civil Court,

Second Hall, and shall not be withdrawn without the authorization

of the competent court. The provisions of article 2 of the

Investment of Certain Moneys Ordinance shall apply in the case of

property subject to entail unless the court shall otherwise provide.

(2) In the case of the deposit of the compensation under the

provisions of subarticle (1), the lawful expense of the proceedings

for the withdrawal of the deposit shall be charged to the competent

authority.

(3) The provisions of subarticles (1) and (2) shall apply

similarly to acquisition rent and to recognition rent but so that in no

case shall additional amounts, computed at 3% of each of the

successive instalments deposited of acquisition rent or of

recognition rent, be payable in respect of more than four

instalments of acquisition rent or of recognition rent due in respect

of any one acquisition for the possession and use of land or, as the

case may be, on public tenure.

(1) Within fourteen working days from the date of

publication in the Government Gazette, required under article 9(1),

of a declaration made under article 3, the owner and the occupier, if

any, of the land shall yield up possession thereof to the competent

authority

Provided that 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 competent authority to the

said occupier.

(2) On the lapse of the time mentioned in subarticle (1) the

competent 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

competent authority to re-instate the land or pay compensation for

any damage caused if in the cases permitted by this Ordinance the

acquisition is not completed.

(3) Without prejudice to the provisions of article 22(3), simple

interest at the rate of five per centum per annum shall accrue on the

LAND ACQUISITION (PUBLIC PURPOSES)

value of the land in accordance with Schedule 2, and for the period

indicated in such Schedule, in favour of any person having a right

of compensation in respect of any land acquired by the absolute

purchase thereof under this Ordinance

Provided that where a notice to treat has been issued under

this Ordinance, the interest shall accrue on the value determined in

such notice, from the date of the taking of possession of the land by

the competent authority up to the date of transfer by title of

absolute purchase in favour of the Government of Malta

Provided also that when a notice to treat has been issued

and the person entitled to compensation elected not to accept the

per annum shall accrue on the value of the land in accordance with

Schedule 3, and for the period indicated in that Schedule, in favour

of any person having a right of compensation in respect of any land

acquired by absolute purchase thereof under this Ordinance.

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

required by a competent authority may be determined at any time

by agreement between the competent authority and the owner,

saving the provisions contained in subarticle (2).

(2) The compensation shall in the case of acquisition of land

for temporary possession and use be an acquisition rent and in the

case of acquisition of land on public tenure be a recognition rent

determined in either case in accordance with the relevant

provisions contained in article 27.

(3) Acquisition rent or recognition rent as the case may be shall

be payable to the person who is entitled to receive, or is

immediately entitled to let and receive, the rental on lease of the

land affected or the tutor, curator, administrator, procurator or other

representative of the person so entitled

Provided that if the competent authority is not aware of the

name and residence within Malta of the person to whom acquisition

rent or recognition rent is so payable it may deposit such rent in the

Civil Court in accordance with the provisions of article 11.

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

competent authority a part only of any house or other building, if

such owner is willing and able to sell and convey the whole thereof.

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

competent 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 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 buildings; in any such case the competent authority shall

acquire the whole site

Provided that if the owner owns adjacent land, the Board

may declare that the foregoing provisions of this article do not

apply to the land to be acquired.

LAND ACQUISITION (PUBLIC PURPOSES)

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 rural land or as wasteland, as the case

may be

Provided that in determining such compensation,

consideration shall be given to the value of any structures existing

thereon and whether such structures are covered by a permit

according to law.

(1) Land, other than a historical building, shall be deemed

to be a building site if it falls within the limits of a building scheme

or as indicated and approved for development in a Structure Plan or

subsidiary plan which has been adopted for the time being in force

under any law relating to planning.

(2) In determining the compensation due for a building site,

consideration shall be given to the use or development that can be

made thereof or thereon in accordance with the provisions of

subarticle (1).

Notwithstanding the provisions of this or any other law, the

value of any land -

(a) still in the course of acquisition on the 1st January

2005;

(b) in respect of which a declaration under article 3 was

issued before the 5th March 2003, and

(c) in respect of which a notice to treat was not issued

before the 1st January 2005 under the provisions of

this Ordinance as in force before the date mentioned in

this paragraph,

shall, saving any interests due until payment is made under article

12(3), be its value as on the 1st January 2005.

(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 on public tenure or vacated within a period of one year

from the date of the order, and the land shall either be vacated or

acquired on public tenure or purchased upon compensation to be

determined in accordance with the provisions of this Ordinance or

of any Ordinance amending or substituted for this Ordinance.

(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

LAND ACQUISITION (PUBLIC PURPOSES)

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 competent authority and the owner or

as, in default of agreement, shall be assessed by the Board.

(3) When a competent authority has acquired any land for

possession and use or, as the case may be, on public tenure and

subsequently converts into public tenure or, as the case may be,

into absolute ownership the title upon which such land is held, in

assessing for purposes of that conversion of title the amount of the

recognition rent or, as the case may be, of the compensation for the

acquisition of the absolute ownership, no regard shall be had to any

building, erection or other improvement erected or made on the

land after the date upon which the possession thereof was taken by

the competent authority and for purposes of such assessment the

land shall be deemed not to have been altered in any material

particular as from the first day of such possession.

(4) When the ownership of land which is in the possession and

use of a competent authority or is held by it on a public tenure is

transferred by its owner to a third party, such transfer shall not

affect in any way the subsisting possession or tenure by the

competent authority, except that as from the first due day of an

instalment of acquisition rent or of recognition rent following

service on the competent authority of a judicial letter sent by the

transferor and by the transferee jointly and containing full

information of the transfer effected or, alternatively, following the

submission of proof by the transferor or by the transferee to the

satisfaction of the competent authority that the transfer has in fact

taken place in a form valid according to law, the acquisition rent or

the recognition rent shall be paid to the transferee.

(5) Public tenure shall of its nature endure in perpetuity,

without prejudice to any consolidation by mutual consent or

otherwise according to law of that tenure with the residual

ownership of the land; and the recognition rent payable in respect

thereof shall in every case be unalterable, without prejudice to the

e ff e c t s o f a n y c o n s o l i d a t i o n , t o t a l o r p a r t i a l . T h e r e s i d u a l

ownership of land held on public tenure with the inherent right to

receive recognition rent, shall, for all purposes of law, be deemed

to be an immovable right by reason of the object to which it refers

and shall be transferable according to law at the option of the

owner, from time to time, of that right.

(6) The competent authority shall not be under any restriction

as to the use it may make from time to time of land held by it on

public tenure, saving its liability to pay any recognition rent that

may be due thereon; it may demolish and not replace any structures

thereon, and it may alter in any manner the use to which the land

was previously put; it shall be entitled to any benefit whatsoever

which every parcel of land held by it on public tenure may yield,

including treasure trove found thereon, saving in this case such

portion thereof as, according to law, may be due to the finder; and it

shall have the right to recover any such land from any holder, even

if such holder is entitled to a recognition rent in respect of the same

land.

LAND ACQUISITION (PUBLIC PURPOSES)

(7) The person entitled or the persons jointly entitled to receive

a recognition rent shall not in any case be bound to carry out in or

on the land or in or on any part of the land, in respect of which he

or they are entitled to that recognition rent, any work imposed by

law on an owner of land; nor shall his or their right to the

recognition rent be affected in any way by the destruction in whole

or in part and from whatsoever cause of any or all structures

originally or subsequently erected on the land.

(8) The competent authority may, at any time, put up for sale

by tender any block of urban tenements or one or more urban

tenements capable of separate occupation or any parcel of land, in

each case held by the competent authority on public tenure; and in

connection with such or any other purpose it shall be lawful for the

competent authority to apportion, as it deems fit, to any specified

lot or lots comprising part of a parcel of land originally acquired as

subject to a single recognition rent, a part or the whole of that

recognition rent. Any such sale, however, shall be subject to the

following special provisions

(a) the recognition rent apportioned to any plot shall not

exceed one half of the income which in the opinion of

the Director of Public Works that plot might

reasonably be expected to yield at the time of disposal,

and the certificate of the Director of Public Works

shall be final;

(b) in respect of each such case the proposed sale shall be

notified by letter on behalf of the competent authority

to the person at the time entitled or to the persons at

the time jointly entitled to receive the original

recognition rent or any part of it who appears or appear

as such on the administrative books of the competent

authority; but so that any default of such notification

shall not in any case invalidate a sale or render it

voidable;

(c) if a person who is at that time entitled to receive the

original recognition rent or any part of it and appears

as such on the administrative books of the competent

authority, makes a tender lower than the highest tender

by not more than ten per centum of that highest tender,

and if, within six working days of the notification

made to him in writing by the competent authority of

the availability to him of the option hereunder and of

the offer contained in the highest tender, that person

declares in writing to the competent authority his

intention of availing himself of the option hereunder,

that person shall be allowed to augment the tender

made by him to a parity with the highest tender. On an

equality of tenders, either original or following the

exercise of the option aforesaid, the tender of the

person entitled to receive the recognition rent or a part

thereof shall be preferred to the tender made by a

person not so qualified;

LAND ACQUISITION (PUBLIC PURPOSES)

(d) on completion of such a sale, the liability of the

competent authority to pay the recognition rent to

which the land sold is subject and any charge of that

recognition rent on the Consolidated Fund shall cease,

but a special privilege on the immovable sold, ranking

and governed in every other way on a parity with the

privilege competent to the "dominus" over the

"dominium utile" under article 2010 of the Civil Code,

shall obtain on the immovable in favour of the person

entitled or of the persons jointly entitled to the

recognition rent thereon and who is not the purchaser

or are not the joint purchasers of the immovable;

(e) a sale made by the competent authority of a part of a

parcel of land held by it on public tenure, as subject to

an apportioned part of the recognition rent due in

respect of the whole of that parcel of land, shall not as

a consequence bring about the obligation of the

competent authority either to guarantee payment of

that part of the recognition rent apportioned to the part

thus transferred of the parcel of land or to purchase

absolutely the residual ownership of any other part of

the same parcel of land, and no joint and several action

shall lie in respect of the different portions of the

original recognition rent;

(f) on any such sale as aforesaid no fine or other

acknowledgement fee shall be due to the person

entitled or persons jointly entitled to receive the

recognition rent;

(g) the relations between the purchaser or joint purchasers

of land previously held by the vendor on public tenure

and the person entitled or the persons jointly entitled

to receive a recognition rent thereon shall be governed

by the law of emphyteusis as set out in the Civil Code.

(1) When land, other than rural land, has been acquired by

a competent authority, either absolutely or for a time, or on public

tenure, and that land is subject to a lease other than an

emphyteutical lease, then, no compensation for the termination of

the lease shall be paid to the tenant or occupier, if a full year’s

notice to quit is given by the competent authority to such tenant or

(2) If less than a year’s notice to quit is given, due compen-

sation shall be paid to the tenant or occupier.

(3) Compensation for the termination of the lease shall in no

case exceed the fair rent of the land for a period of two years.

(4) In fixing the amount of compensation within the limit

aforesaid, regard shall be had to the remaining period of the lease

and to all the circumstances of the particular case.

LAND ACQUISITION (PUBLIC PURPOSES)

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

authority either absolutely or for a time or on public tenure, and

that land is subject to a lease other than emphyteutical lease, there

shall be paid to the tenant or occupier of such land a fair

compensation in respect of any agricultural improvements carried

out by the tenant or occupier or by a member of the family in the

said rural land during the period of eight consecutive years

preceding the date of termination of the lease and an amount equal

to the value of the products gathered by the tenant, occupier or by a

member of the family from the said rural land, after deduction of

the expenses incurred towards its cultivation in the last four years

immediately preceding the date of such termination

Provided that there shall not be deducted as part of the said

expenses the cost of the tenant’s or occupier’s own labour or the

labour of any member of the family in the rural land.

(2) Notwithstanding the provisions of the last preceding

subarticle, if the compensation in respect of improvements referred

to in the said subarticle, or a part thereof, is payable to the owner of

the rural land in terms of the agreement governing the contractual

relations between such owner and the tenant or occupier of the rural

land, such compensation or the part thereof which is so payable

shall not be paid to the said tenant or occupier

Provided that the total aggregate sum payable to the tenant

or occupier of the rural land under the last preceding subarticle

shall in no case be less than the fair rent of the rural land for a

period of two years.

(3) In this article "member of the family" means a lineal

ascendant, a lineal descendant, a widow or a widower, a son-in-law,

and a widowed daughter-in-law while not remarried, of the tenant

or occupier.

(1) If the competent authority and the owner agree as to

the amount of compensation for any land, the Board, on the

application of any one of the parties, shall make an order carrying

the agreement into effect

Provided that the amount of acquisition rent or recognition

in rent, as the case may be, shall be determined in terms of the

relevant provisions of article 27.

(2) Where the land is to be acquired by the absolute purchase

thereof (including the acquisition by conversion from possession

and use or public tenure into absolute ownership), the President’s

Declaration issued for the purposes of article 3, shall state the

amount of compensation which the competent authority is willing

to pay for the land to which the declaration refers. The 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) Within fifteen working days from the publication of the

President’s Declaration as is referred to in subarticle (2) in the

Gazette the Government shall deposit in an interest bearing bank

account (which will guarantee a minimum of interest per annum as

the Minister responsible for lands may by regulation under this

LAND ACQUISITION (PUBLIC PURPOSES)

subarticle prescribe) a sum equal to the amount of compensation

offered in the President’s Declaration. Such sum shall be freely

withdrawn together with any interests accrued thereon by the

person or persons entitled to such compensation upon evidence to

the entitlement thereto, in a manner satisfactory to the competent

authority

Provided that in cases where the President’s Declaration

refers to the acquisition by conversion from possession and use or

public tenure into absolute ownership, the government shall not be

bound by the time-limit established in this subarticle with respect

to the deposit of a sum equal to the amount of compensation

offered in the President’s Declaration, and may deposit such

amount any time thereafter; and in such cases simple interest at the

rate of five per centum per annum shall be paid annually on the

sum declared in the President’s Declaration up to the date of the

eventual deposit in the Bank

Provided further that in such cases, any proceeds from the

sale, alienation or the creation of any real and personal right on

such land, and any proceeds from any rent or other annual payment

over such land, shall be retained by the Commissioner for Land and

reserved for the payment to the rightful owners of the sum and

interests referred to in the previous proviso and only such proceeds

or payments in excess of such sum shall be transferred to and

received by the Consolidated Fund.

(4) The competent authority shall signify its acceptance or

otherwise of the evidence submitted by the persons referred to in

the immediately preceding subarticle, by means of a judicial act

within two months from the submission of such evidence.

(5) The amount deposited as provided in subarticle (3) together

with any interests accruing thereon may be withdrawn as provided

i n t h e sa i d s u b a r t i c l e wh e t h e r or n o t t h e s u m d e p o s i t e d a s

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

Ordinance for the purpose of determining any further compensation

that may be payable to him in accordance with this Ordinance.

(6) Where the person entitled to compensation does not accept

that the amount deposited is adequate, such person may apply to the

Board for the determination of the compensation in accordance

with the provisions of this Ordinance. Such application shall, on

pain of nullity, state the compensation that in the opinion of the

applicant is due.

(7) Such application shall be filed in the Registry of the Board

within twenty one days from the notification of the judicial act by

the competent authority accepting proof of evidence in accordance

with subarticle (4). The Board shall determine such compensation

and shall give all necessary orders and directives in accordance

with this Ordinance.

LAND ACQUISITION (PUBLIC PURPOSES)

(8) Upon the making of a Declaration by the President in

accordance with this Ordinance that any land is to be acquired by

the absolute purchase thereof, 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 Ordinance and without any

further assurance or formality, be transferred to and be acquired by

the competent authority free and unencumbered from any charge,

hypothec or privilege and with all the appurtenances thereof, and

the competent authority shall cause such land to be registered in the

Land Registry in its name in accordance with the Land Registration

Act within three months from the issue of the Declaration of the

President.

(9) The right to withdraw the compensation deposited in

accordance with subarticle (3) and to any further compensation that

may be due under this Ordinance (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 competent authority attached to such

land, shall continue to attach to the compensation rights with the

same ranking and priority as it attached to the land.

(10) Where the compensation payable in respect of land

acquired by the absolute purchase thereof is determined, whether

by agreement or by decision of the Board, any sum due as

compensation over and above any sum deposited in accordance

with this article together with interests thereon in accordance with

article 12(3), shall be paid to the person entitled thereto by the

competent authority not later than three months from the date on

which such compensation was determined as aforesaid.

(11) The compensation due for the acquisition by absolute

purchase of any land, and the sum to be deposited in accordance

with this article shall be

(a) in cases other than those falling under paragraphs (b)

and (c), such compensation as is established in

accordance with the provisions of this Ordinance

regard being had to the value at the date of publication

of the Declaration by the President in the Gazette;

(aa) in the case of a historical building the value thereof

shall be calculated as the higher of the following

(i) the full value of the historical building if sold on

the open market subject to the condition that the

use that can be made thereof shall be limited to

use for educational, touristic or cultural

purposes less the amount required for the

historical building to be restored in accordance

with internationally accepted guidelines and

standards of craftsmanship and practice for the

purpose of rendering it suitable for such

educational, touristic or cultural use; or

LAND ACQUISITION (PUBLIC PURPOSES)

(ii) where the historical building was originally

Government-owned

and

transferred

by

Government, by updating the amount for which

the said historical building was acquired from

the Government commencing from a basis year

not earlier than 1946 according to the index of

inflation published in the Schedule to the

Housing (Decontrol) Ordinance from the date of

the said acquisition until the date of the

Declaration of the President of Malta made in

terms of article 3 and adding thereto interest on

the amount as updated at the rate of five per cent

per annum from the date when the said historical

building was transferred by the Government

until the date of the said Declaration of the

President of Malta, plus the value of any

improvements made to the building by the owner

between the said dates, depreciated according to

established accountancy standards

Provided that in calculating the compensation in

accordance with this subparagraph

1. where the historical building was originally

Government-owned and transferred by

Government and the said transfer took place

thirty years or more before the date of the

Declaration of the President of Malta in

respect thereof, the amount resulting after

the value of the building based on the

amount for which the said historical

building was acquired from the Government

is updated until the date of the said

Declaration by the President of Malta in

accordance with the index of inflation

published in the Schedule to the Housing

(Decontrol) Ordinance as aforesaid shall be

multiplied by fifteen;

2. where the historical building was originally

Government-owned and transferred by

Government and the said transfer took place

less than thirty years but more than twenty

years before the date of the Declaration of

the President of Malta in respect thereof,

the amount for which the said historical

building was acquired from the Government

is updated until the date of the said

Declaration by the President of Malta in

accordance with the index of inflation

published in the Schedule to the Housing

(Decontrol) Ordinance shall be multiplied

by ten;

LAND ACQUISITION (PUBLIC PURPOSES)

3. where the historical building was originally

Government-owned and transferred by

Government and the said transfer took place

more than ten but less than twenty years

before the date of the Declaration of the

President of Malta in respect thereof, the

amount for which the said historical

building was acquired from the Government

is updated until the date of the said

Declaration by the President of Malta in

accordance with the index of inflation

published in the Schedule to the Housing

(Decontrol) Ordinance shall be multiplied

by five;

4. where the foregoing paragraphs of this

proviso apply, the interest payable

according to subparagraph (ii) shall only be

payable on the amount as updated according

to the said subparagraph and not also on the

increase resulting after paragraphs 1, 2 or 3

are applied; or

(iii) where the historical building is not a building

which was originally Government-owned, the

amount established as the value of the building

by the person who is the owner of the building at

the time of publication of the Declaration of the

President of Malta in a declaration in respect of

the transfer causa mortis of the property filed in

accordance with the Duty on Documents and

Transfers Act, or according to the declaration

made for succession duty purposes according to

any other law which has from time to time

governed or is governing succession duty,

updated in accordance with the provisions of

subparagraph (ii), including the proviso thereto,

which shall apply mutatis mutandis

Provided that where only an undivided portion

or undivided portions of a historical building

have been so declared in respect of a transfer

causa mortis or in any other manner for

succession duty purposes, the value of the whole

building for the purposes of this subparagraph

(iii) shall be based on the projection of the value

declared in respect of the said portion or

portions averaged out together in such a manner

as to cover one hundred per cent of the value of

the building increased by ten per cent;

(iv) where the historical building, whether it

originally belonged to Government or not, either

has never been transferred causa mortis or after

being transferred causa mortis was transferred

inter vivos under an onerous title, the amount

paid for such transfer by means of the most

LAND ACQUISITION (PUBLIC PURPOSES)

recent transfer prior to the date of publication of

the Declaration of the President of Malta

updated in accordance with the provisions of

subparagraph (ii), including the proviso thereto,

which shall apply mutatis mutandis

Provided that where the Land Arbitration Board

in proceedings filed before it in terms of this

Ordinance on the compensation to be paid for

the acquisition of a historical building, considers

that

no

reasonable

relationship

of

proportionality exists between the compensation

amount resulting from the application of

paragraphs (i), (ii), (iii) or (iv) and the open

market price which in the opinion of the Board,

after taking into consideration all relevant issues

of fact and of law, that property would have

fetched had it been sold voluntarily tale quale on

the open market, at the time of publication of the

Declaration of the President of Malta, the Board

may authorise payment of a compensation

amount based on the average between the

computed amount in terms of paragraphs (i), (ii),

(iii) or (iv) and such amount as the Board would

consider to be the open market value;

(v)

notwithstanding the other provisions of this

subarticle, where the value of a historical

building as calculated in accordance with

subparagraphs (i), (ii), (iii) or (iv) including the

provisos thereof, shall result in an amount that is

higher than the open market value of the said

building at the time of publication of the

Declaration of the President of Malta in respect

thereof, the value of the historical building shall

not exceed the said open market value;

(vi)

in this subarticle

"the full value of the historical building" means

(a) if the historical building belongs in

absolute ownership to the person from

whom it has been expropriated, the full

value of that building;

(b) if the historical building is possessed by

the person from whom it has been

expropriated under title of perpetual

emphyteusis, the full value of such

perpetual emphyteusis at the time of the

Declaration of the President of Malta;

(c) if the historical building is possessed by

the person from whom it has been

expropriated under title of temporary

emphyteusis or under any other

temporary title, the full value of such title

of temporary emphyteusis or of such

LAND ACQUISITION (PUBLIC PURPOSES)

other temporary title at the time of the

Declaration of the President of Malta;

"was originally Government-owned" means that

the historical building was possessed by

Government under a title of full ownership,

perpetual emphyteusis or by virtue of any other

temporary real right at any time from the 27th

July 1925 onwards;

"transferred by Government" includes any

transfer of a real right over immovable property

including transfer under title of sale and

emphyteusis

whether

in

perpetuity

or

temporarily;

"the amount for which the said historical

building was acquired from the Government"

means

(a) in case of a transfer under a title of sale,

the price paid for the sale;

(b) in case of a transfer under a title of

perpetual emphyteusis or under a title of

temporary emphyteusis for a period

exceeding

ninety-eight

years,

the

premium amount paid for the concession

of that emphyteusis, if any, less one per

cent for each year that passed from the

time of the concession, incremented by

the amount resulting after the ground rent

payable annually is capitalised at a rate of

five per cent;

(c) in case of a temporary emphyteusis for a

period of ninety-eight years or less or of

another temporary real right for such

time, the premium amount paid for the

concession of such emphyteusis or for

such real temporary right, if any, less one

per cent for each year that passed from

the time of the concession or from the

time of transfer of such title, incremented

by the amount resulting after the ground

rent payable annually is capitalised at a

rate of eight per cent;

"emphyteusis" includes sub-emphyteusis;

"interest" means simple interest.

(b) in the case of conversion from possession and use into

absolute purchase a sum arrived at by the

capitalisation at the rate of one per centum of the

annual acquisition rent due under the provisions of this

Ordinance;

(c) in the case of conversion from public tenure into

absolute purchase a sum arrived by the capitalisation

LAND ACQUISITION (PUBLIC PURPOSES)

at the rate of one point four per centum of the annual

recognition rent due under the provisions of this

Ordinance.

(12) Property regulated by the Ecclesiastical Entities (Property)

Act, shall notwithstanding any provision of this Ordinance 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) There shall be a Board to be known as the Land

Arbitration Board.

(2) The 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 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

Architects and Civil Engineers for the purpose of assisting the

Board in the valuation of land and in other technical matters. The

said Panel of Architects and Civil Engineers shall be appointed

from among persons who hold the warrant to practice as architect

and civil engineer according to the provisions of the Periti Act and

who have practised that profession in Malta for not less than seven

years.

(5) 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 not be subject to appeal.

(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 Attorney General to exercise his functions under

this Ordinance with impartiality and in accordance with the law.

(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 Ordinance with

impartiality and in accordance with the law.

(3) The members of the Panel shall be appointed for a period of

three years and may be reappointed.

(1) The 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 or on public tenure;

(c) to order the subjection of land to any easement;

LAND ACQUISITION (PUBLIC PURPOSES)

(d) to order the termination of any lease;

(e) to assess the amount of compensation payable under

any of the provisions of this Ordinance and for that

purpose to declare whether any area is a building site

or agricultural or waste land;

(f) to order the execution of its own decisions

Provided that the amount of compensation to be assessed by

the Board in accordance with the provisions of paragraph (e), shall

not exceed the higher amount of compensation as proposed by any

of the parties.

(2)

(a) The Board shall have the same powers as are by law

vested in the Civil Court, First Hall, and, subject to the

provisions of this Ordinance, the provisions contained

in the Code of Organization and Civil Procedure shall,

as far as practicable, be applicable to the Board.

(b) All acts shall be issued in the name of the Board and

signed by the Chairman.

(c) The Chairman shall decide all questions in regard to

the admissibility of evidence, the competence of

witnesses, and all other questions relating to

procedure.

(d) 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.

(e) 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

Ordinance.

(3) Whenever a question arises before the 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

of 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.

(3A) When the report referred to in subarticle (3) consists of a

valuation it shall state

(a) the date of the valuation;

LAND ACQUISITION (PUBLIC PURPOSES)

(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.

The members of the Panel shall employ their best efforts to

value the property on the basis of reference to comparable

transactions.

(4) 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.

(5) 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.

(6)

The parties shall be heard on a day to be fixed by the Board.

(7) An appeal shall lie from the decision of the Board on any of

the above matters. Such appeal shall be filed by means of an

application before the Court of Appeal 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. The provisions of the Code of Organization

and Civil Procedure relating to appeals, cross-appeals and the

regulation of proceedings before the Court of Appeal shall apply

mutatis mutandis to any appeal made in terms of this subarticle.

Where, out of the proceedings before the Board, there

arises any question which is not included under article 25(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 proceedings until final

judgment 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 a question before the

Board does not bring forward the relative action as aforesaid before

the Civil Court, 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 judgment of the civil courts

Provided further that -

LAND ACQUISITION (PUBLIC PURPOSES)

(a) the reservation of any point of law or fact shall not be

an obstacle to the competent authority obtaining

possession of any land within the period fixed by the

Board;

(b) the competent authority shall not be bound to

intervene in any dispute which may arise between co-

owners; nor shall the competent authority bear any

additional expense due to the apportionment of the

compensation between the parties interested in the

land.

(1) Without prejudice to any special provision contained

in this Ordinance, in assessing compensation the Board shall 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 if

sold in the open market by a willing seller might be

expected to realize

Provided that -

(i)

the value of the land shall be the value as at the

time when the President’s Declaration was

served, without regard to any improvements or

works made or constructed thereafter on the said

land and where the land was in the possession of

the competent authority immediately prior to the

service of the President’s Declaration no regard

shall be had, in assessing the value of the land,

to any improvements or works made or

constructed by the competent authority while in

possession of the land;

(ii) where a part only of the land belonging to any

person is taken under this Ordinance, any

enhancement of the value of the residue of the

land by reason of the proximity of any

improvements or works made or constructed by

the competent authority within eighteen months

before the publication of the President’s

Declaration, or to be made or constructed by the

competent authority within eighteen months

after the publication of the President’s

Declaration shall be taken into consideration;

(iii) the damage, if any, sustained by the owner by

reason of the severance of the land from other

land belonging to such owner or other injurious

effect upon such other land by reason of the

exercise of the powers conferred by this

Ordinance, shall be taken into consideration;

(iv) where damage has been sustained by reason of

any works done in or upon the land, regard shall

LAND ACQUISITION (PUBLIC PURPOSES)

be had to any increase in the value of the land by

reason of any improved drainage and any other

advantage derived from any such works;

(v)

compensation in respect of a historical building

shall be assessed in accordance with article

22(11)(aa).

(2) When the compensation to be assessed is in respect of the

possession and use only of an old urban tenement and not also of

the ownership thereof, the amount of the acquisition rent shall be

assessed at the yearly rent of the tenement as shown on the registers

of the Land Valuation Office.

(3)

Where, however, -

(a) the fair rent of an old dwelling house as unfurnished

has been assessed by the Rent Regulation Board under

the provisions of the Rent Restriction (Dwelling

Houses) Ordinance, or

(b) the rent of an old urban tenement let unfurnished at a

rent not in excess of ninety-three euro and seventeen

cents (93.17) a year has, after the 31st March, 1939,

been assessed by the Rent Regulation Board under the

provisions of the Reletting of Urban Property

(Regulation) Ordinance on consideration of the reports

of the two members of the Panel assigned to that case

by that Board or the report of the technical members of

that Board, as the case may be, following an inspection

by them of the building, or

(c) the rent of an old dwelling house let unfurnished at a

rent in excess of ninety-three euro and seventeen cents

(93.17) but not in excess of one hundred and sixteen

euro and forty-seven cents (116.47) a year or of an old

shop (within the meaning of the Reletting of Urban

Property (Regulation) Ordinance) let unfurnished at a

rent in excess of ninety-three euro and seventeen cents

(93.17) a year has, at any time between the 1st April,

1939, and the 11th June, 1940, been increased under

the provisions of article 14(2) of the Reletting of

Urban Property (Regulation) Ordinance, or

(d) the rent of an old dwelling house let unfurnished at a

rent in excess of one hundred and sixteen euro and

forty-seven cents (116.47) a year has been increased at

any time between the 1st April, 1939, and the 11th

June, 1940,

the yearly rent so assessed, or mutually agreed upon, shall

constitute the assessment of the acquisition rent payable in respect

of the possession and use of the old urban tenement concerned.

(4) Where two or more determinations in respect of the same

building have been given by the Rent Regulation Board (referred to

in subarticle (3)) the assessment made by the last determination

shall constitute the assessment of the amount of the acquisition rent

if that determination was given following an inspection of the

LAND ACQUISITION (PUBLIC PURPOSES)

building by the two members of the Panel assigned to that case by

that Board, or by the technical members of that Board, as the case

may be, and on consideration of their report.

(5) Where a determination has been given by the Rent

Regulation Board subsequently to an increase of rent referred to in

subarticle (3)(d) the rent fixed by that Board shall constitute the

assessment of the amount of the acquisition rent, if that

determination was given following an inspection of the building by

the two members of the Panel assigned to that case by the Board, or

the technical members of that Board, as the case may be, and on

consideration of their report.

(6) Where the yearly rent of an old urban tenement has not

been assessed by the Rent Regulation Board as set out in

subarticles (3), (4) and (5) and the competent authority or the

owner proves that the average yearly rent of the building during the

five years from the 1st April, 1934, to the 31st March, 1939, was

different to that shown on the registers of the Land Valuation

Office, such average yearly rent shall constitute the assessment of

the amount of the acquisition rent instead of the rent as shown on

the registers of the Land Valuation Office.

(7) For purposes of this Ordinance, any determination referable

to any part in use of an urban tenement damaged or partly

demolished by enemy or counter enemy action, which may have

been made by the Rent Regulation Board upon consideration of that

damage or partial demolition, shall be deemed to be inoperative.

(8) The acquisition rent to be assessed in respect of the

possession and use of a new urban tenement shall be equal to the

yearly rent determined by the appropriate board under the

provisions of the Rent Restriction (Dwelling Houses) Ordinance, or

in default of any such determination, by the Land Arbitration Board

in accordance with the rules contained in the said Rent Restriction

(Dwelling Houses) Ordinance, applicable to the assessment of the

yearly rent of a new urban tenement.

(9) The amount of the acquisition rent in respect of the

acquisition for possession and use of building sites not being urban

tenements, of agricultural lands, or of waste lands shall be assessed

at the estimated yearly rental value thereof as on the 31st March,

1939. (10) For the purpose of assessing acquisition rent under

subarticle (9) land shall be considered as agricultural land, a

building site or waste land as the case may have been on the 31st

March, 1939, and no consideration shall be taken of contingencies

through which its nature or its value may have been altered since

the 31st March, 1939, provided that the provisions contained in

subarticle (12) shall apply to such structural additions as may have

been effected on the land, between the 1st April, 1939 and the 28th

November, 1946.

(11) For the purpose of subarticle (9) the yearly rental value of

a building site means the estimated yearly ground rent at which that

site could reasonably have been granted on 31st March, 1939, on

emphyteusis in perpetuity; and the yearly rental value of waste land

LAND ACQUISITION (PUBLIC PURPOSES)

means the estimated yearly ground rent at which that land could

reasonably have been granted on the 31st March, 1939, on a ninety-

nine year emphyteusis inclusive of the emphyteuta’s undertaking to

improve the land for agricultural purposes.

(12) In the case of structural alterations or additions effected on

the land between the 1st April, 1939, and the date of the declaration

made by the President of Malta under article 3, the acquisition rent

as fixed in the foregoing articles - not being rent previously fixed

or revised by the Land Valuation Officer or previously fixed by the

Rent Regulation Board after the alterations or additions were

carried out - shall be revised by the competent authority and the

o w n e r, a n d , i n c a s e o f d i s a g r e e m e n t , b y t h e B o a r d o n t h e

submission of either of them.

(13) The compensation in respect of the acquisition of any land

on public tenure shall be equal to the acquisition rent assessable in

respect thereof in accordance with the provisions contained in

subarticles (2) to (12), inclusive, of this article, increased (a) by

forty per centum (40%) in the case of an old urban tenement and (b)

by twenty per centum (20%) in the case of agricultural land.

(14) The first payment of acquisition rent in respect of land of

which possession and use is required for a public purpose shall be

due as from the date of acquisition by the competent authority of

possession of that land.

(15) Acquisition rent payable by the Government of Malta shall

b e a c h a rg e o n t h e C o n s o l i d a t e d F u n d w i t h o u t a n y f u r t h e r

appropriation than this Ordinance.

(16) Acquisition rent shall be fixed on a yearly basis but shall

be paid half yearly in advance

Provided that the competent authority at its option may at

any time pay a broken amount in respect of any one or more parcels

of land in order to regulate the due dates of payment thereafter in

respect thereof.

(17) Recognition rent payable by the Government of Malta shall

b e a c h a rg e o n t h e C o n s o l i d a t e d F u n d w i t h o u t a n y f u r t h e r

appropriation than this Ordinance.

(18) The provisions concerning acquisition rent contained in

subarticles (14) and (16) shall apply mutatis mutandis to

recognition rent.

(19) Besides the acquisition rent or, as the case may be,

recognition rent to be assessed in accordance with the provisions of

this Ordinance, the competent authority in the circumstances set

out hereunder, but not otherwise, shall in addition pay in one lump

sum to the person from whom possession of the land has been

compulsorily acquired a sum to be mutually agreed upon between

the parties concerned, or, in default of agreement, to be assessed by

the Board and in every case in the first instance the amount which

the competent authority is offering for the purposes of this

subarticle shall be included in the President’s Declaration together

with the statement as to the amount of compensation referred to in

article 22(2). Such an additional sum shall not be payable except

LAND ACQUISITION (PUBLIC PURPOSES)

(a) the possessor of the things which, on the date of the

declaration referred to in article 3, were bona fide

serving for the furnishing of a dwelling house acquired

by the competent authority and subject to the

provisions contained in article 20(2), (3) and (4) not

being applicable, and in such case the additional

payment shall be equal to the reasonable cost of

removing those furnishings to the dwelling house or to

the place of storage reasonably selected by the same

possessor; and

(b) the occupier of a bona fide trading establishment

acquired by the competent authority and subject to the

provisions contained in article 20 not being applicable,

and in such case the additional payment shall be equal

to the value of the goodwill of the same establishment

computed at not more than the net profits made at that

establishment by the same occupier during the two

years ending on the date of the declaration referred to

in article 3 if on that date the same occupier has been

in occupation of those premises for not less than thirty

months, or, in default of such occupation for at least

thirty months, at not more than the net profits that

would be likely to be made at that establishment by the

same occupier during two years beginning on the

termination of six months from the day when that

occupier first started business in that establishment

Provided that if the provisions of article 20(2), (3) and (4)

are applicable in respect of the occupier of a bona fide trading

establishment, the additional compensation payable shall not

exceed the amount provided in subarticle (3) of that article or the

amount provided in paragraph (b), whichever is the greater.

(1) When the land has been damaged by enemy or counter-

enemy action and the owner thereof was thereby entitled or might

have been entitled to compensation under the War Damage

Ordinance, 1943, * the compensation payable in accordance with

the provisions of this Ordinance in respect of the compulsory

acquisition of the full ownership or of the public tenure of the land

or of the conversion into either title of the possession and use or of

the public tenure of the land previously held by the competent

authority, shall, where such compensation is computed by reference

to the value of the land undamaged, be deemed to include full

consideration in respect of the assignment by the owner to the

competent authority of all claims competent to the owner under the

War Damage Ordinance, 1943,* aforesaid up to the day when the

competent authority takes possession of the land. In every case

such assignment as aforesaid shall be deemed to be an integral part

of any compulsory acquisition.

(2)

In the case of land so damaged, however, the competent

*Repealed by Act XXIX of 1980.

LAND ACQUISITION (PUBLIC PURPOSES)

authority shall be entitled to deduct from any compensation

payable under this Ordinance -

(a) any balance not yet fallen due of the ten half yearly

direct contributions, if any, payable in respect of that

land under the said War Damage Ordinance, 1943*,

and any arrears of such contributions which may have

fallen due by the owner in respect thereof;

(b) any sum or sums which may have been advanced by

the War Damage Commission to the owner when the

works, on the date of the declaration made by the

President of Malta under article 3, have not been

carried out, or, when only a part of the works have

been carried out on that day, a proportionate part of the

sum or sums so advanced.

(3) Where the owner of any land to which the provisions of

subarticle (1) apply establishes that but for those provisions he

would have been entitled to claim interest upon a value payment

from the War Damage Commission, there shall be payable to him

by the competent authority a sum equal to the amount of the

acquisition rent which would have been payable to him under the

provisions of article 27 if the land had been compulsorily acquired

for temporary possession and use as at the date upon which such

interest would begin to accrue and continuing up to the date at

which the land was in fact acquired.

(4) If in any case to which the provisions of subarticle (3)

apply the owner has during the relevant period received rent from a

tenant who was a tenant at the commencement of the said period,

the sum payable to the owner in lieu of interest shall be reduced by

the amount of rent so received during the said period and the

difference shall be payable to the tenant.

(1) 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

Board.

(2) 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 Board.

(3) 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 the competent authority, of any

underground work or excavation made or constructed by any

competent authority, but the following provisions shall apply.

(4) The demand for the permission referred to in subarticle (1)

and subarticle (2) 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

Board shall forthwith cause notice of the application to be given to

LAND ACQUISITION (PUBLIC PURPOSES)

the competent authority.

(5) If the competent authority shall not oppose the application

within twenty-one days after notice of the application shall have

been given to the competent authority, the application shall be

granted by the Board.

(6) If the competent authority shall oppose the grant of the

permission, the 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 subarticle (9).

(7) 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

competent authority.

(8) Where any land has been declared subject to clearance or

subsoil rights, any person who makes, builds or erects any structure

or increases the height of any structure on the land or who makes

any new or extends any existing underground work or excavation in

such land, without the prior permission, in writing, of the

competent authority, shall, within ten days after due notice in

writing has been given to him in that behalf by the competent

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

competent 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 forty-six euro and fifty-nine cents

(46.59) for non-compliance with such notice.

LAND ACQUISITION (PUBLIC PURPOSES)

(9) Land subject to clearance rights under this article may be

released by the competent 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 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.

(10) Where any land is declared subject to subsoil rights, the

competent authority may retain the possession of any underground

work or excavation which was constructed by the competent

authority therein prior to the coming into force of this subarticle

a n d m a y m a k e o r e x t e n d t h e r e i n a n y u n d e rg r o u n d w o r k o r

excavation and use it for such purposes as it considers necessary

Provided that the competent 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 Board.

(11) 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 President of Malta may by notice in the

Government Gazette order the evacuation of any area where danger

to life or limb is possible as a result of naval, military or air

operations, and while such order is in force the danger area and all

houses and buildings within that area shall be vacated by the

tenants or occupiers and by any other person, and no responsibility

shall lie with the naval, military or air authorities in consequence of

any personal injury which may derive to any person within the

danger area as a result of the said operations. Any person remaining

in the danger area while any such order is in force shall, on

conviction by the Court of Magistrates, be liable to a fine not

exceeding four euro and sixty-six cents (4.66).

(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 competent authority and the

claimant, the amount thereof shall be determined by the Board in

LAND ACQUISITION (PUBLIC PURPOSES)

the manner provided in this Ordinance.

(1) Where the competent 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 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

competent authority so far as they were incurred after the offer was

made.

(2) Where an owner does not accept the offer of the competent

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 has complied with the provisions

of articles 9 and 12, 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 competent authority and that determined by the Board has to the

difference in the amount claimed by the owner and the amount

determined by the Board.

(3) Where the Board orders the owner to pay the costs or any

part of the costs of the competent authority, the competent authority

may deduct the amount so payable by the owner from the amount of

the compensation payable to him.

(1) Nothing in this Ordinance shall be taken to compel the

competent authority to complete the acquisition of any land unless

the competent authority shall have entered into possession of the

land or have failed within one month of the decision of the Board to

intimate to the Board that the competent authority do not intend to

proceed with the acquisition

Provided that the owner of the land shall be entitled to

receive from the competent authority all such costs as may have

been incurred by him by reason or in consequence of the

proceedings for acquisition and compensation for the damage (if

any) which he may have sustained by reason or in consequence of

the notice of intended acquisition.

(2) The amount of such costs and compensation shall, in

default of agreement, be determined by the Board.

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 estate or interest in the land or any part of

the land specified in the notice, and shall not debar the competent

authority from alleging in any proceedings under this Ordinance or

otherwise that all rights in or in relation to such land are vested in

the Government of Malta.

Any person who shall wilfully hinder or obstruct any

person duly authorized from entering upon or taking possession of

or using any land in pursuance of the provisions of this Ordinance,

or who shall molest, hinder or obstruct any such person shall be

liable to a fine not exceeding one hundred and sixteen euro and

LAND ACQUISITION (PUBLIC PURPOSES)

forty-seven cents (116.47) or to imprisonment for a term not

exceeding three months.

(1) The Minister responsible for justice may make rules,

including rules as to forms, costs, and fees, for carrying this

Ordinance into effect; and unless and until other provision shall be

made under this Ordinance, the forms contained in the Schedule to

this Ordinance shall have effect

Provided that no nullity shall ensue if another form is used

which complies substantially with the requirements of the forms in

the Schedule.

(2) Without prejudice to the generality of subarticle (1), the

Minister responsible for justice may by notice prescribe -

(a) the fees payable to the members of the Panel;

(b) the fees due to advocates and legal procurators for any

proceedings before or in connection with the board;

and

(c) the fees payable to the registry of the board

Provided that until fees are prescribed by the Minister

under paragraphs (b) and (c), the fees established in Schedule A to

the Code of Organization and Civil Procedure shall apply.

Nothing in this Ordinance contained shall affect any rights

acquired by a competent authority under the Order-in-Council of

the 26th October, 1896. **

Transitory provisions

Article 7(2) of Act XI of 2002 : †

"(a) With respect to land subject to a declaration by the President

before the coming into force of this article ‡ , or land which before the

coming into force of this article was taken over by Government but no

declaration was issued by the President in respect thereof prior to the

coming into force of this article, article 12(3) of the Ordinance as amended

by this article shall apply, so however that interest as therein indicated

shall accrue from the date of taking over by the Government up to the date

when compensation therefor is paid or deposited as the case may be

Provided that the interests as aforesaid shall be calculated on the

value of the land on the date of the President’s Declaration or where no

such Declaration was issued prior to the coming into force of this article on

the date of taking over by Government of the land in question.

(b) (i) The President may in relation to any land subject of a

Declaration issued before the coming into force of this article

issue a fresh Declaration wherein shall be stated the amount

of compensation which the competent authority is willing to

**This Order-in-Council was published in Malta by Govt. Not. No. 183 of the 19th

November, 1896.

†This subarticle was repealed by Act I. 2006.14, subject to the following proviso

"Provided that when in relation to any land a fresh President’s Declartion was issued

under the provisioins of sub-srticle 7(2) repealed by this article such Declaration shall

continue to be governed by the provisions of the same sub-article 7(2) as if it had not

been repealed by this article".

‡5th March of 2003 - article 7 of Act XI of 2002 amended articles 9, 12, 22, 27, 31, 33

and the Schedule of this Ordinance.

LAND ACQUISITION (PUBLIC PURPOSES)

pay for the land to which the Declaration refers. The said

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

Provided that when such fresh Declaration is issued the

compensation shall be determined on the basis of the value of

such land on the date of the service of any notice to treat in

respect of such land, and where no such notice to treat has

been so served, on the date of the issue of the fresh

Declaration by the President.

(ii) For the purpose of determining whether land is to be valued

as a building site, agricultural or rural land or waste land for

the purposes of this subarticle the relevant date shall be the

date when the original Declaration was issued by the

President before the coming into force of this article.

(iii) Any fresh Declaration issued in virtue of this paragraph

shall, subject to the provisions of this subarticle, as a

Declaration issued under the provisions of article 22 of the

Ordinance as amended by this article, and thereupon the

provisions of article 22(3) to (12) of the Ordinance as so

amended shall apply.

(c)

Article 31 of the Ordinance, as amended by this article, shall

apply to any proceedings relating to any Declaration even if issued prior to

the date of the coming into force of this article.".

Transitory provision

Article 4(2) of Act XVII of 2004

"The provisions of articles 25 and 31 of the Ordinance as amended by

this article, shall apply to any proceedings relating to any land covered by

any Declaration issued under article 3 of the Ordinance even if issued prior

to the date of the coming into force of this article.".

Transitory provision

Article 9 of Act I of 2006

"9. (1) The provisions of article 4 of this Act * shall only apply to

land in respect of which a declaration under article 3 of the Ordinance was

issued after the coming into force of this Act.

(2) (a) The President may in relation to any land subject of a

Declaration issued before 5th March 2003, issue a fresh

Declaration wherein shall be stated the amount of

compensation which the competent authority is willing to

pay for the land to which the Declaration refers. The said

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

Provided that when such fresh Declaration is issued the

compensation shall be determined on the basis of the value

of such land on the date of the service of any notice to treat

in respect of such land, and where no notice has been so

served, in accordance with the value of the land as on 1st

January 2005.

(b) For the purpose of determining whether land is to be valued

as a building site, agricultural or rural land or waste land for

the purpose of this sub-article the relevant date shall be the

date when the original Declaration was issued by the

President, in accordance with the criteria established by the

law in force at the time of the issue of the original

*that is, of Act I of 2006, which article substitutes articles 17 and 18 of the Ordinance.

LAND ACQUISITION (PUBLIC PURPOSES)

Declaration.

(c)

Any fresh Declaration issued in virtue of this article shall,

subject to the provisions of this sub-article be deemed as a

Declaration issued under the provisions of article 22 of the

principal law and the provisions of the said article as

amended by this Act shall apply thereto."