Regulations, 2022

L.N. 317 of 2022

GOVERNMENT LANDS ACT

(CAP. 573)

Government-Owned Agricultural Land, (Amendment)

Regulations, 2022

IN EXERCISE of the powers conferred by article 31(g)(L) of the

Government Lands Act, the Minister responsible for the Land’s

Authority has made the following regulations:-

The title of these regulations is the Government-Owned

Agricultural Land, (Amendment) Regulations, 2022 and these

regulations shall be read and construed as one with the Government-

Owned Agricultural Land, Regulations, hereinafter referred to as "the

principal regulations".

In regulation 1 of the principal regulations the words

"Government-Owned Agricultural Land, Regulations" shall be

substituted by the words "Government-Owned Agricultural Land

Regulations".

Regulation 2 of the principal regulations shall be amended

by the following

(a) immediately after the definition "Agricultural land"

thereof, there shall be added the following new definitions

" "agricultural purposes" means the keeping of store

cattle or other farm animals, and the storage of agricultural

produce, farm machinery and equipment, tools and vehicles

used exclusively in the agricultural sector for cultivation or

irrigation purposes and should specifically provide, inter

alia, that the garaging of vehicles, other than those used

specifically in the agricultural sector for agricultural

purposes, such as tractors and associated agricultural

machinery, shall not be be permitted;

"agricultural use obligation" means a public deed

entered between the Authority and a person or legal entity

to whom an agricultural land may be transferred to with the

purpose of limiting the use and any other conditions

imposed by the Authority;"; and

(b)

immediately after the definition "family member"

thereof, there shall be added the following new definition

" "floor space" means space which is measured

internally and incorporates the area of all floors however it

excludes the wall thickness, the internal open spaces, the

basement levels and the circulation spaces;".

Paragraph (a) of regulation 3 of the principal regulations Amends

regulation 3 of

shall be substituted by the following new paragraph

the principal

regulations.

"(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 )

Provided that the Authority may apply a ten percent

(10%) flexibility extension over the forty square metres (40m 2 )

Provided further that the Authority may consider

applications where on the agricultural land there is already a

building with a roofed floor space totalling more than forty

square metres (40m 2 ), where

(i) the person to whom the agricultural land may

be transferred to proves to the satisfaction of the Authority,

that the building may be exclusively used for agricultural

purposes;

(ii) the person or legal entity to whom the

agricultural land may be transferred to enters into an

agricultural use obligation with the Authority to limit the

use of the building exclusively to agricultural purposes and

in the event of breach, the Authority shall have the right to

immediately evict the occupier of the building and retake

possession of the agricultural land including any structures

therein, and this without prejudice to any other remedy at

law;".

In regulation 4 of the principal regulations the words "the Amends

omitted information or facts were known to the Authority." shall be regulation

the principal

substituted by the words "the omitted information or facts were known regulations.

to the Authority:", and immediately thereafter there shall be added the

following new proviso

" Revocation and

Provided that the Authority may in cases of

modification.

fraud, where the submission of any information,

declaration or plans which are incorrect or do not

reflect the situation on site, or where there is an error on

the face of the document, revoke or modify any

authorisation, title or transfer granted on the basis of

such information, declaration, plan or record.".

Regulation 6 of the principal regulations shall be amended

by the following

(a) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

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

of the Authority, it shall be ascertained that there are no

arrears. In the event that there are arrears, no transfer shall

be made before these arrears are settled in their entirety.";

and

(b) immediately after sub-regulation (2) thereof, as

substituted, there shall be added the following new sub-

regulation (3)

"(3) The person to whom the agricultural land may

be given to shall provide to the Authority a sworn

declaration acknowledging and assuming full responsibility

for any legal impediment which exists on such land or

building, including but not limited to stop notices, writs of

execution, or warning notices issued by any authority. In

the sworn declaration, the person to whom the agricultural

land may be given to shall declare that he is assuming full

responsibility for any damages arising out of or based upon

any legal impediment on such land or building, including

enforcement notices issued by any authority. For the

purpose of this sworn declaration, damages means all

damages including but not limited to punitive damages,

liabilities, costs, expenses, losses, judgements, diminutions

in value, fines, penalties, demands, claims, cost recovery

actions, lawsuits, administrative proceedings, orders,

response action, removal and remedial costs, compliance

costs, investigation expenses, consultant fees and court

expenses. The Authority shall not be held liable for any

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 and

the transfer of any agricultural land on the basis of such

sworn declaration shall in no way be interpreted or

construed as a form of consent, engagement or acceptance

by the Authority. The Authority reserves the right to take

any action in accordance with the laws and regulations in

force at the time of the transfer and also those which may

take effect after the transfer, including the right to proceed

before the Court in accordance with regulation 14.".

Sub-regulation (1) of regulation 9 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

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

agricultural land, notwithstanding the provisions of any other

law, the lease shall pass onto a person, or persons 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 person or persons the land shall be transferred, after an

application is made by that person or persons within one (1) year

of the death of the lessee together with a declaration signed by a

lawyer or notary that the person on which the lease shall be

transferred is so entitled, the land shall be transferred to that

person or persons in the following order of preference

(a)

the husband or wife of the lessee;

(b)

the linear descendant, or 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

they are not remarried;

(e) a person who may prove to the satisfaction of

the Authority that during the last year immediately

preceding the lessee’s death, was living with the lessee or

has been working the agricultural land with him or for him

Provided further that, in the event there is more than

one (1) person in the same category in the order laid down in this

sub-regulation, the land may be transferred in solidum to such

persons after one (1) application is made by those family

members within one (1) 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 shall be

accompanied by all documentation, including the research,

justifying the lawyer’s or notary’s declaration.".

Regulation 10 of the principal regulations shall be amended

by the following

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) Notwithstanding the provisions of regulation 3,

a person holding agricultural land and, or a building on

agricultural land owned by the Government of Malta under

a valid title in his name, held in solidum with several other

persons, may transfer his entire share, or part thereof, to a

third party

Provided that such person shall duly serve

notice to all other lessees and provide them with the

opportunity to submit to the Authority a reasoned objection

within thirty (30) days from notice and the Authority shall

decide whether such reasons are valid and sufficient to

refuse such consent. The decision of the Authority shall be

in writing and shall contain detailed reasons."; and

(b) immediately after sub-regulation (1) thereof, as

substituted, there shall be added the following new sub-

regulation (1A)

"(1A) (a) the notice which shall be served to all

other lessees shall contain a site plan and description

of the site and it may be served or given

(i) by a registered letter addressed

to the lessees at the place of residence or the

available address for service; or

(ii) in any case in which it is not

reasonably possible to effect service by a

registered letter, by affixing the notice that

shall be served or given in a conspicuous

place on the agricultural land to which it

relates and keeping it so affixed for five (5)

working days, and by publishing the notice

in a local newspaper. Where the notice is

affixed on the agricultural land but is

removed before the expiry period of five (5)

working days, the re-affixing of the notice,

or other instrument or document shall only

be for the remaining period after the

document was removed;

(b) a person who at any time after a notice

is affixed pursuant to sub-regulation (1A)(a)(ii),

removes, damages or defaces the notice without

lawful authority shall be considered to be in

breach of the provisions of article 7 of the

Government Lands Act.".

Regulation 11 of the principal regulations shall be Substitutes

regulation 11 of

substituted by the following new regulation

the principal

regulations.

"11. (1) 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 shall first be referred to

the Agricultural Advisory Committee for its

advice and, as the case may be, the Agricultural

Advisory Committee may give its suggestions

regarding the conditions that shall be imposed;

(b) the land may 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; and

(ii) there is adequate access to all the

proposed sub-divisions.

(2) In the event that the request is made by a

person holding agricultural land and, or a building on

agricultural land owned by the Government of Malta

under a valid title in his name held in solidum with

several other persons, such division may only take

place following the service of notice by the person

making the request to the other lessees, who shall have

the opportunity to submit to the Authority an objection

within thirty (30) days from the notice.

(3) The notice that shall be served to all other

lessees shall contain a site plan and description of the

site and it may be served or given

(a) by registered letter addressed to the

lessees at the place of residence or the available

address for service; or

(b) in any case in which it is not

reasonably possible to effect service by a

registered letter, by affixing the notice that shall

be served or given in a conspicuous place on the

agricultural land to which it relates and keeping it

so affixed for five (5) working days, and by

publishing the notice in a local newspaper. Where

the notice is affixed on the agricultural land but is

removed before the expiry period of five (5)

working days, the re-affixing of the notice, or

other instrument or document shall only be for the

remaining period after the document was

removed.

(4) A person who at any time after a notice is

affixed pursuant to sub-regulation (3)(b), removes,

damages or defaces the notice without lawful authority

shall be considered to be in breach of the provisions of

article 7 of the Government Lands Act.".

Regulation 17 of the principal regulations shall be

substituted by the following new regulation

" Consent to submit

The Authority may grant a lessee the

consent to submit an application for a development

permit for development related to agricultural purposes

in terms of the Development Planning Act

Provided that

(a) no third-party rights shall be infringed

by the development;

(b) the Authority shall not be held

responsible for any expenses incurred in relation

to a development permit; and

(c) the consent shall not confer any rights

over the property, which were not previously

vested and the Authority may issue the consent

subject to a number of conditions deemed

appropriate, including but not limited to the

condition to apply a new rate of rent based on a

valuation drawn up in accordance with the

Government Lands Act.".

11. Immediately after regulation 17 of the principal Adds new

regulations, as substituted, there shall be added the following new regulation

the principal

regulation 18

regulations.

Agricultural land granted under any form of

title, and which was, or still is, subject of the granting

of a license for the quarrying and extraction of

minerals, may, upon the application of the current

recognised lessee, be transferred via an emphyteutical

concession for a period not exceeding sixty-five (65)

years

Provided that

(a) in the case of an application for the

redevelopment of the site, the competent

authorities shall confirm that the quarrying of the

site was carried out in accordance with valid

licenses, and the quarried site, or part thereof

being the subject of the application, is a spent

quarry and is no longer viable for the extraction

of minerals;

(b) the applicant shall provide a valid

executable full development permit for the

redevelopment of the quarried site which is no

longer viable for the extraction of minerals, into

an industrial or commercial development

Provided further that, in the case of a quarry

site which is still in operation, and where the competent

authorities confirm that the quarrying of the site is

being carried out in accordance with valid licenses and,

or the relative development permissions, upon

application of the current recognised lessee, the land

may be transferred via an emphyteutical concession for

a period not exceeding sixty-five (65) years for

quarrying of the site and extraction of minerals

purposes.

For the purposes of paragraph (b) to the first

proviso, and provided that the provisions of paragraph

(a) to the first proviso are satisfied, the Authority shall

not withhold consent for the submission of a

development permit applications.".

12. Immediately after regulation 18 of the principal

regulations, as added, there shall be added the following new

regulation 19

Any application regarding Government of

Malta agricultural land or buildings situated thereon,

made prior to the entry into force of the Government

Lands Act, and which are still pending resolution, shall

be examined and decided in accordance with the laws

that were in force at the time the application was

submitted. Any application regarding Government of

Malta agricultural land or buildings situated thereon,

made after the entry into force of the Government

Lands Act, and which are still pending resolution, shall

be examined and decided according to these

regulations.

Provided that any rights acquired by any

applicant by virtue of these regulations shall not be

detracted from.".

€0.81