Enemalta Contracts (Removal of Restrictive Conditions)

L.N. 302 of 2014

ENEMALTA (TRANSFER OF ASSETS, RIGHTS,

LIABILITIES AND OBLIGATIONS) ACT

(ACT XXXIV OF 2014)

Enemalta Contracts (Removal of Restrictive Conditions)

Order, 2014

IN exercise of the powers conferred by article 5(b) of the

Enemalta (Transfer of Assets, Rights, Liabilities and Obligation) Act,

2014, the Minister for Energy and Health has made the following

order:-

The title of this Order is the Enemalta Contracts (Removal

of Restrictive Conditions) Order, 2014.

(Article 3)

1. Public deed in the records of Notary Dr. Vincent Miceli

published on the 28th April 2004 and entered into between the

Government of Malta and the Enemalta Corporation - deed number

60 - as corrected by deed in the records of Notary Dr Keith Francis

German - deed number 6;

2. Public deed in the records of Notary Dr. Vincent Miceli

published on the 30th April 2004 and entered into between the

Government of Malta and the Enemalta Corporation - deed number

61 - as corrected by deed in the records of Notary Dr Keith Francis

German - deed number 7;

3. Public deed in the records of Notary Dr Vincent Miceli

published on the 30th April 2004 and entered into between the

Government of Malta, the Enemalta Corporation and the Malta

Maritime Authority - deed number 62 - as corrected by deed in the

records of Notary Dr Keith Francis German - deed number 8

In this Order, unless the context otherwise requires

"Act" means the Enemalta (Transfer of Assets, Rights,

2014. Liabilities and Obligations) Act, 2014;

"Corporation" means the Enemalta Corporation established by

the Enemalta Act;

"Company" means the public limited liability company

Enemalta plc, registered under the laws of Malta and bearing

company registration number C65836;

"Minister" means the Minister responsible for Energy.

All restrictive conditions which limit the use or the transfer

of land included in the public deeds listed in the Schedule to this

Order, which restrictive conditions were imposed by Government on

the Corporation in the said public deeds by virtue of the application of

article 3(1)(e) of the Disposal of Government Land Act and which

public deeds transferred land to the Corporation which was

subsequently transferred to the Company by virtue of the provisions

of article 5 (a) of the Act and of the other provisions of the Act to

which the said article 5(a) refers, are hereby removed

Provided that

(a)

where land which is the subject matter of the public

deeds listed in the Schedule is land which on the date of the

issue of this Order is directly used for the storage of petroleum

or of petroleum products or for the conveyance of petroleum or

of petroleum products to a storage facility, any condition in the

said public deeds, however worded, requiring that the said land

shall be used for the purposes of the said storage or conveyance

of petroleum or of petroleum products shall not be deemed to be

a condition imposed by the Government on the Corporation in

the said public deeds by virtue of the application of article

3(1)(e) of the Disposal of Government Land Act and this Order Cap. 268.

shall not apply in respect of such condition; and

(b)

any condition in any public deed listed in the

Schedule which requires the consent of the Commissioner of

Land for the transfer of any land which forms the subject matter

of the said public deeds shall not be deemed to be a condition

imposed by the Government on the Corporation in the said

public deeds by virtue of the application of article 3(1)(e) of the

Disposal of Government Land Act and this Order shall not Cap. 268.

apply to such condition.

Public deed in the records of Notary Dr. Vincent Miceli

published on the 9th November 2006 and entered into between the

Government of Malta and Enemalta Corporation - deed number 214;

Three public deeds in the records of Notary Dr. Keith

German all published on the 25th August 2014 amending the public

deeds number 60, 61 and 62 listed in items 1, 2 and 3 above

respectively - deed numbers 6, 7 and 8 respectively;

Public deed in the records of Notary Dr. Keith German

published on the 25th August 2014 by virtue of which the

Government of Malta transferred to the Corporation sites, servitudes

and rights relating to land used by the Corporation - deed number 9.

€0.27