Located on Government owned Property Regulations, 2022

L.N. 96 of 2022

GOVERNMENT LANDS ACT

(CAP. 573)

Grant of Emphyteutical Concessions to Authorised Providers

Licensed to operate a Petroleum-Filling Station at a Retail Site

Located on Government owned Property Regulations, 2022

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

Government Lands Act, the Minister for the Economy and Industry

has made the following regulations:-

(1) The title of these regulations is the Grant of

Emphyteutical Concessions to Authorised Providers Licensed to

operate a Petroleum Filling Station at a Retail Site Located on

Government owned Property Regulations, 2022.

(2) The scope of these regulations is to allow the Authority to

award direct emphyteutical concessions to eligible applicants in

possession of a license to operate petroleum filling stations that are

wholly or partially located on Government owned property.

(3) These regulations shall provide for a strong title over

properties licensed and permitted to carry out the activity of a

petroleum filling station, and shall facilitate the obligatory

refurbishment projects being imposed by the authorities.

In these regulations, unless the context otherwise requires

"Act" means the Government Lands Act;

"Authority" or "competent 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;

"authorised provider" means the holder of an authorisation issued

by the regulator under these regulations, or a service provider who is

authorised to operate under any law in force in a Member State of the

European Union or a state which is a participant to the European

Economic Area, permitting such person to operate a petroleum filling

station;

"petroleum filling station" means an authorised facility which has

been approved by the regulator to store petroleum at a retail site, and

which may be subject to any such conditions as the regulator may

establish in the applicable authorisation;

"REWS" or "regulator" means the Regulator for Energy and

Water Services.

(1) Applications for the awarding of an emphyteutical Eligibility.

concession for a period of fifty (50) years shall be accepted from

authorised providers licensed to operate a petroleum filling Station at a

retail site located on Government owned property, as defined in

regulation 2 of the Petroleum for the Inland (Retail) Fuel Market S.L. 545.22.

Regulations.

(2)

The main criteria for eligibility shall be the following

(a) stations that are in the list of REWS authorised

providers for operating a petroleum filling station;

(b) the applicant shall be the person or legal entity

holding the relative REWS license as an authorised provider as S.L. 545.22.

defined in regulation 2 of the Petroleum for the Inland (Retail)

Fuel Market Regulations;

(c) stations shall become eligible only upon being

awarded executable full development permission for the

refurbishment project

Provided that any statutory period for the submission of an

appeal to the Environment and Planning Review Tribunal has also

elapsed.

(1) The emphyteutical concession shall be for a Duration of

concession.

temporary period of fifty (50) years.

(2) Those stations that are certified by REWS as having carried

out the refurbishment project as approved by the Planning Authority

shall become immediately eligible for the awarding of the

emphyteusis.

(3) Stations that are as yet to carry out the refurbishment

project, or are in the stages of relocating to a different site which is

also Government owned, shall become eligible upon obtaining the

development permission aforementioned

Provided that the emphyteutical deed shall be conditional

to the completion of the project, and their obtaining an operating

license from REWS within two (2) years of the signing of the deed,

and failing which, the concession shall be deemed terminated

forthwith.

(4) In all cases, the concession shall be terminated within six

(6) months of the withdrawal of the operating license by REWS or any

subsequent licensing by the Authority

Provided that in those cases where the property is subject to

any form of existing title, this shall be terminated on the same day as

the signing of the emphyteutical concession deed.

(1) Fuel stations are typically composed of a forecourt,

with relative above-ground filling areas and sales area, complimented

by below ground fuel storage tanks and pipework. The proposed rates

for the computation of the total annual ground rent, which are based on

standard rates for encroachment permits, are as follows

(a) above ground areas (including forecourt, footprint of

buildings, and filling areas): forty-six euro per square metre

every year (€46/sq.m./annum)

(b) below ground areas (including storage tanks, water

separators, and pipework): twenty-three euro per square metre

every year (€23/sq.m./annum)

Provided that in the case of buildings which include

basements and/or upper levels, only the footprint of the largest level

shall be taken into consideration, and this at the higher rate of forty-six

euro per square metre every year (€46/sq.m./annum)

Provided further that canopies and other shading structures

shall not be construed as built-up areas.

(2) If the amount of the current concession, lease or

encroachment permit exceeds the ground rent computed as proposed in

these regulations, then the current rate shall be retained in the new

emphyteutical deed

Provided that in no case, shall the new amount exceed three

(3) times the value of any current concession, lease or encroachment

permit.

(3) The ground rent shall become payable from the date of the

signing of the deed and shall be payable in two equal instalments every

six (6) months in advance.

(4) Over the fifty (50) year concession the ground rent shall

increase by ten percent (10%) every five (5) years pro tempore.

€0.27