Government-Owned Agricultural Land, Regulations 2018

L.N. 438 of 2018

GOVERNMENT LANDS ACT

(CAP. 573)

Government-Owned Agricultural Land, Regulations 2018

IN EXERCISE of the powers conferred by sub-paragraph (L) of

paragraph (g) of article 31 of the Government Lands Act, the

Parliamentary Secretary for Planning and the Property Market has

made the following regulations:-

The title of these regulations is the Government-Owned

Agricultural Land, Regulations, 2018.

In these regulations unless the context otherwise requires

"Agricultural Advisory Committee" means the Committee

established under regulation 15;

"Agricultural land" means any Government land which is

mainly leased for the cultivation of agricultural products,

flowers, fruit-trees or vines and for related agricultural purposes,

including the erection of glasshouses, cloches or cold frames, but

does not include grazing grounds;

"Authority" means the Lands Authority established in

accordance with article 5 of the Lands Authority Act or any

person or any other entity that has been entrusted by contract or

by law to administer Government land;

"Board of Governors" means the Board of Governors of the

Authority established by article 10 of the Lands Authority Act;

"Building" means any immovable property except for

reservoirs or wells;

"family member" means the husband or wife of the lessee,

a lineal ascendant, a lineal descendant, the husband, partner, or

cohabitant of the daughter or the wife, partner or cohabitant of

the son, the widow or widower of the descendants while not

remarried;

"lease" means a lease for an agreed total term not

exceeding sixteen years for rent, in cash or by other

consideration, which is paid annually at one rate or more and

includes a lease which is tacitly renewed from year to year, but

does not include emphyteusis or a lease agreement whereby the

produce is shared between the landlord and the lessee; it also

includes "sublease" in relation to a sub-lessor or sub-conductor;

"lessee" means that person who is recognised as such by

the Authority.

Except where a transfer or assignment of the rights required Exclusion of the

under these regulations is related to a transfer and assignment of rights application

these

between family members as described in these regulations

regulations.

No application made under these regulations shall be considered

by the Authority when it is made in regards to the

(a) transfer and assignment of the rights of the person

holding agricultural land owned by the Government of Malta

under a valid title in his name, and on which agricultural land

there is already a building with a roofed floor space totalling

more than forty square metres (40m 2 );

(b) transfer and assignment of the rights of the person

holding agricultural land owned by the Government of Malta

under a valid title in their name, and on which agricultural land

there is a building, and the agricultural land and, or the building

to be assigned or transferred are situated, even in part, in the

development scheme or can be developed

Except when a transfer or assignment of the rights requested

under these regulations is related to a transfer or assignment of the

rights between a family member as described in these regulations, no

application shall be considered by the Authority unless it has

previously been referred to the Agricultural Advisory Committee set

up by virtue of these regulations to give its advice and if necessary to

make suggestions concerning the conditions to be imposed.

All applicants submitting an application under these General

regulations must confirm by sworn declaration that the entire content Provisions.

of the application is true and that no information or other relevant facts

have been omitted, which had they been known to the Authority would

have caused the denial or refusal of said application. No applicant may

justify such omission on the basis that the omitted information or facts

were known to the Authority.

(1) Whenever agricultural land and, or a building situated Land returned to

on that agricultural land is returned to the Authority, it should be the Authority.

returned with adequate access to such land and, or building. This

access shall be verified and approved by the Authority.

(2) When the Authority is to transfer agricultural land and, or a

building situated on that agricultural land to third parties, which

agricultural land and, or building situated thereon has been returned to

the Authority under these regulations, the latter must first take the

advice of the Agricultural Advisory Committee set up by virtue of

these regulations and if necessary it shall make suggestions on the

conditions to be imposed.

The Authority shall ensure that the agricultural land which will

be transferred to third parties by virtue of these regulations continues

to be used for agricultural purposes.

(1) Any transfer and assignment of rights made under

these regulations shall be subject to the approval of the Board of

Governors of the Authority and subject to such conditions imposed by

the said Board, including in these conditions the new rate of rent to be

paid by the assignee of the rights of the person who has agricultural

land and, or building thereon owned by the Government of Malta with

a valid title thereto. These conditions shall be published.

(2) Prior to the approval by the Board of Governors of the

Authority, it must be ascertained that

(a) there is no breach of law or contractual provision in

respect of the said land or building. No transfer may be done

unless such breach has been rectified;

(b) there are no arrears. If there are arrears, these must be

settled in their entirety before such transfer can be made;

(c) there is no legal impediment on such land or building,

including stop notices, writs of execution, stop notices and writs

of execution or warning notices issued by any authority. In such

case, these legal impediments must be rectified.

Saving the provisions of regulation 3, any person holding

agricultural land owned by the Government of Malta with a valid title

in their name may apply to the Authority for the transfer and

assignment of their rights, or parts thereof, on said land to a third party,

provided that such third party is a bona fide full-time or part-time

farmer registered with the Director of Agriculture.

Saving the provisions of regulation 3, any person holding

agricultural land owned by the Government of Malta under a valid title

in their name and on which agricultural land there is a building,

reservoir or well, may apply to the Authority for the transfer and

assignment of their rights, or parts thereof, on the said land or building

to a third party, provided that such third party is a bona fide full-time

or part-time farmer registered with the Director of Agriculture.

(1) In the event of the death of the lessee of the Death of the

agricultural land, the lease shall pass onto a family member or lessee.

members in solidum as determined by the same lessee and the existing

conditions prior to the lessee’s death shall continue to apply in their

entirety and shall also be transferred to the new lessee

Provided that, where the lessee does not determine to which

family members the land is to be transferred, the land shall be

transferred to that member of family in the following order of

preference after an application is made from that family member

within one year of the death of the lessee together with a declaration

signed by a lawyer or notary that the person on which the lease is to be

transferred is so entitled

(a)

the husband or wife of the lessee;

(b)

the linear descendant, linear ascendant;

(c) the husband, partner, or cohabitant of the daughter or

the wife, partner or cohabitant of the son;

(d) the widow or widower of the descendants while not

remarried

Provided that, in the event there is more than one person in the

same category, in the above mentioned order, the land can be

transferred in solidum to such persons after one application is made by

those family members within a year of the lessee’s death together with

a declaration signed by a lawyer or notary stating that the proposed

assignee is entitled thereto.

The application should be accompanied by all documentation,

including the research, justifying the lawyer’s or notary’s declaration.

(2) If, after the death of the lessee, there is no other person

recognised by the Authority as a lessee on the agricultural land to

continue the lease under these regulations, the land and everything

found thereon shall be returned to the Authority without any right to

compensation.

(1) Except for the provisions of regulation 3, a person Agricultural

holding agricultural land and, or a building on agricultural land owned land

buildings held

by the Government of Malta under a valid title in his name, held in in solidum.

solidum with several other persons, may transfer his entire share, or

part thereof, to a third party, provided that he obtains the consent of all

the other lessees, which consent may be withheld only for a valid

reason

Provided that, in the event that a person does not give his consent

to this transfer, he must present his reasons in writing within thirty (30)

days from when he receives the request to give such consent and the

Board of Governors of the Authority shall decide whether such reasons

are valid and sufficient to refuse such consent. The decision of the

Board of Governors of the Authority must be in writing and shall

contain detailed reasons for its decision.

(2) The limitations imposed in sub-regulation (1) shall not

apply if the agricultural land or part thereof is returned to the

Authority.

Saving the provisions of regulation 3, persons who are in

possession of agricultural land or building situated thereon, by valid

title in their name, jointly with other persons, may request the

Authority for permission to divide such property provided that

(a) the application is first referred to the Agricultural

Advisory Committee for its advice and, as the case may be, give

its suggestions regarding the conditions to be imposed;

(b)

the land can be easily divided where;

(i) it is economically viable as agricultural land

according to the agricultural trade and with a view to

maximising the agricultural product therefrom in full

respect of sustainable agricultural production in Malta;

(ii)

there is adequate access to the property so

divided;

(iii) all necessary permits issued by the Planning

Authority for such division to take place are in hand.

The Authority may grant Government-owned agricultural

land by title of lease to anyone who has successfully completed an

academic course in agricultural studies in the preceding five years

from the entry into force of these regulations with the intent of starting

an agricultural activity as mentioned above. Every grant of land shall

be subject to approval by the Board of Governors of the Authority and

subject to such conditions imposed by the said Board, which

conditions shall be published. Any person to whom this regulation

applies shall benefit from a preferential lease rate for a maximum

period of five years.

The Authority has absolute and sole discretion to refuse

any application made pursuant to these regulations. Such refusal or

denial shall be made in writing accompanied by detailed reasons for

such decision.

The Authority is empowered to proceed with an action The Authority’s

right to proceed

before the First Hall of the Civil Court if it considers that

before the

Court.

(a) the agricultural land is being used for purposes other

than agricultural ones; or

(b)

the agricultural land is not being farmed; or

(c) the building is being used for purposes other than

agricultural ones; or

(d)

the building is being used as a residence; or

(e) any provision of these regulations is being or has

been violated,

even after the related deed of transfer has been made, against any

person involved, including the occupant, and to request the court to

declare the transfer made under these regulations, or any other transfer

not made in accordance with these regulations, null and void.

In such case, the court shall order the eviction of every person

from the land or building and order that such property, including any

improvements made therein, be returned to the Authority without any

right to any damages, of whatever nature, or compensation to that

person or occupant, for the improvements they made or could have

made to that property.

(1) A Committee, known as the Agricultural Advisory Setting up of an

Committee, whose members are to be appointed by the Minister and Agricultural

Advisory

on the advice of the Minister responsible for Agriculture for those Committee.

officers falling under his responsibility, shall be set up.

(2) The Agricultural Advisory Committee shall consist of a

Chairperson representing the Authority, another representative of the

Authority, a representative of the department, agency or authority

responsible for agriculture, another representative of the department,

agency or authority responsible for veterinary services and another

representative of the department, agency or authority responsible for

Sustainable Development on the advice of the Minister responsible for

Agriculture.

(3) Three members of the Agricultural Advisory Committee

shall constitute a quorum at the meetings of the Agricultural Advisory

Committee. The Chairperson of a sitting shall have an original vote,

and in the event of a tie, a casting vote. There shall also be a secretary

to the Agricultural Advisory Committee who shall be appointed by the

Authority whose duties shall be assigned by the Agricultural Advisory

Committee.

(4) Besides the functions already conferred by these

regulations, the Agricultural Advisory Committee shall be authorised

to issue guidelines to be made available to the public and to give

professional and expert advice to the Authority’s Board over

applications made in relation to this Notice.

(5) The Agricultural Advisory Committee may ask any person

for expert or professional advice on any issue the Committee may be

addressing.

(6) Without prejudice to the provisions of these regulations and

to any rules prescribed by the Minister, the Agricultural Advisory

Committee may regulate its procedures.

The Authority shall ensure that all expenses incurred in

relation to the above-mentioned transfers are paid by the person to

whom the agricultural land or building is to be assigned and that no

transfer or division of the property regarding which an application has

been made can be made before such expenses are settled in full.

Any application regarding Government agricultural land or

buildings situated thereon made prior to the entry into force of these

regulations shall be examined and decided according to these

regulations.

€0.63