Expired or Expiring Emphyteutical Concessions Regulations, 2023

L.N. 161 of 2023

GOVERNMENT LANDS ACT

(CAP. 573)

Expired or Expiring Emphyteutical Concessions Regulations, 2023

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

Government Lands Act, the Minister responsible for the Lands

Authority, has made the following regulations:-

The title of these regulations is the Expired or Expiring

Emphyteutical Concessions Regulations, 2023.

In these regulations, unless the context otherwise requires

"Act" means the Government Lands Act;

"agricultural land" or "rural land" means any land which is

principally rented for the cultivation of agricultural products,

flowers, fruit trees or vines and for purposes relating to

agriculture, including the establishment of greenhouses, cloches

or cold frames, but does not include land intended for the grazing

of animals. Farms and buildings intended primarily for the

keeping of cattle for rearing and fattening or other domestic

animals are also included;

"Authority" or "competent authority" means the Lands

Authority established in accordance with article 5 of the Lands

Authority Act;

"expired emphyteutical concession" means a temporary

emphyteutical or sub-emphyteutical concession of land which

was granted by the Government or its predecessors in the title

and which has expired, and where the Government has not taken

back possession of that land;

"expiring emphyteutical concession" means a temporary

emphyteutical or sub-emphyteutical concession of land granted

by the Government or its predecessors in title expiring on 31

December 2030 or any earlier date;

"kiosk" shall have the same meaning as that assigned to it

in the Catering Establishments Regulations and shall also

include land occupied by a ticket booth and land occupied and

used for the commercial activity of street vendors or mobile

hawkers;

"land" shall have the same meaning as assigned to it in the Cap. 573.

Government Lands Act;

"recognised emphyteuta" means a person or legal entity

that has been, or is, considered by the Authority to be the

emphyteuta or sub-emphyteuta upon expiry of the emphyteutical

concession;

"recognised use" means the use to which the land has been

granted including such land use recognised by the Authority or

which the Authority considers to recognise.

(1) These regulations shall apply to any expired or Applicability.

expiring emphyteutical concession as defined in these regulations

except for those emphyteutical concessions referred to in sub-

regulation (2).

(2)

These regulations shall not apply in respect of

(i) any emphyteutical concession, whether expired or

expiring, originally approved by a special resolution of the

House of Representatives;

(ii) any emphyteutical concession, whether expired or

expiring, granted on land exceeding a footprint of one thousand

and five hundred square metres (1,500m 2 );

(iii) any emphyteutical concession, whether expired or

expiring, granted for a kiosk;

(iv) any emphyteutical concession, whether expired or

expiring granted following a call for tender process;

(v) any emphyteutical concession, whether expired or

expiring, granted with regard to agricultural or rural land and

where the land to which the concession relates is included in a

Development Zone in accordance with local plans approved

under the Development Planning Act.

(1) An agricultural lease may be granted by the Authority Miscellaneous

following a request by a recognised emphyteuta in accordance with cases

concessions.

these regulations in cases where the expired or expiring emphyteutical

concession was granted on agricultural land where there are no farms

built or buildings intended primarily for the keeping of cattle for

rearing and fattening or any other domestic animals.

(2) An emphyteutical concession may be granted by the

Authority following a request by a recognised emphyteuta in

accordance with these regulations in cases where the original expired

or expiring emphyteutical concession was granted with regard to

agricultural land where there are farms built or other buildings

primarily intended for the keeping of cattle for rearing and fattening or

any other domestic animals

(3) An emphyteutical concession may be granted by the

Authority following a request by a recognised emphyteuta in

accordance with these regulations in cases where the original expired

or expiring emphyteutical concession was granted with regard to any

other land to which these regulations are applicable.

(1)

In the case of an expired emphyteutical concession,

the request for emphyteutical concession or agricultural lease, as the

case may be, shall be made by means of an application, in the form

prescribed by the Authority, that shall be submitted by the recognised

emphyteuta to the Authority within three (3) years of the date of entry

into force of these regulations.

(2) An application for an emphyteutical concession or

agricultural lease, as the case may be, submitted after the period

referred to in sub-regulation (1) shall not be considered valid.

(1) In the event of an expiring emphyteutical concession,

the request for an emphyteutical concession or agricultural lease, as

the case may be, shall be made by means of an application, in the form

prescribed by the Authority, that shall be submitted by the recognised

emphyteuta to the Authority before the end of the emphyteutical

concession’s term.

(2) An application for an emphyteutical concession or

agricultural lease, as the case may be, submitted after the period

referred to in sub-regulation (1) shall not be considered valid.

Where there is more than one (1) recognised emphyteuta,

any one of them may by means of a sworn declaration cede in favour

of the other recognised emphyteuta any rights given to him under these

regulations.

The term of the emphyteutical concession granted by the

Authority in accordance with these regulations shall be fifty (50) years

starting from the date of publication of the emphyteutical concession.

(1) In the case of an expired emphyteutical concession,

the recognised emphyteuta shall pay one (1) lump sum payment for

occupancy of the land from the date on which the emphyteutical

concession expired until the date on which the new emphyteutical

concession is published or the new agricultural lease is signed, as the

case may be.

(2) The payment that has to be paid under this regulation shall

be calculated in accordance with those terms and conditions as they

result from the original emphyteutical concession, and shall be paid in

full at the time of publication of the emphyteutical concession or on

the signing of the agricultural lease, as the case may be.

(1) In the case of an agricultural lease granted on Amount of

agricultural land in accordance with regulation 4(1), the amount of the ground

agricultural

annual rent shall be in accordance with the rates for agricultural leases lease.

as established by the Authority.

(2) In the case of an emphyteutical concession granted on

agricultural land in accordance with regulation 4(2), the annual

amount of ground rent shall be in accordance with the rates for ground

rents on agricultural land as established by the Authority.

(3) In the case of an emphyteutical concession granted on any

other land in accordance with regulation 4(3), the annual amount of

ground rent shall be equivalent to two per cent (2%) of the open

market value of the land free and unencumbered according to its

recognised use and this annual ground rent amount shall be revised

upwards every ten (10) years at the rate of ten percent (10%).

(4) The free and unencumbered value of land on the open

market granted by emphyteutical concession in accordance with the

preceding sub-regulation shall be determined by means of an expert

valuation in accordance with article 79 of the Act

Provided that any enhancements or improvements made on

the land during its occupation by the recognised emphyteuta shall not

be taken into account in determining the free and unencumbered value

of the land on the open market.

(1) Any application submitted to the Authority in Application

accordance with these regulations shall be considered valid only after process.

all the necessary requirements listed in the application form have been

satisfied.

(2) The Authority shall have the right to request any other

information or documentation which it deems necessary to process the

application.

(3) The Authority shall have the right to suspend, and where it

deems necessary deny, any application submitted pursuant to these

regulations where it finds that there is a legal challenge in respect of

the land to which the application relates.

(1) In addition to the application submitted to the

Authority in accordance with these regulations, the recognised

emphyteuta shall provide a declaration signed by him confirming that

all the content of the application submitted by him is correct and that

no other relevant facts, information or documentation that would they

have been known by the Authority would have led to the rejection of

the application.

(2) No applicant may justify its failure to omit facts,

information or other documentation relevant to the application on the

grounds that the Authority already had knowledge of those facts,

information or documentation.

All costs, including the expert valuation required in

accordance with these regulations and those relating to the execution

of the emphyteutical concession or the agricultural lease, as the case

may be, shall be paid by the applicant by no later than the date of

signing of the emphyteutical concession or agricultural lease, as the

case may be and no emphyteutical or agricultural lease contracts may

be signed before such expenses are paid.

(1) The Authority shall have the right to reject in its sole

discretion any application submitted to it in accordance with these

regulations.

(2) The decision by which the Authority denies an application

submitted to it pursuant to these regulations shall be in writing, even if

by electronic means, and shall include the reason which led to the

refusal of the application.

(3) The Authority shall have the right to bring an action before

the Civil Court, First Hall requesting the cancellation of the

agricultural lease, or the rescission of the emphyteutical concession,

carried out in accordance with these regulations, if the approval of the

application for the execution of the emphyteutical concession or

agricultural lease, as the case may be, was based on incorrect

information or resulted from an error and where, in the absence of such

incorrect information or error, the Authority would have rejected the

application.

(4) The Authority shall not be liable for any form of damage or

compensation in the exercise of its functions under these regulations.

An applicant shall have a right of appeal from a decision of

the Authority taken pursuant to these regulations under the terms of

article 57 of the Lands Authority Act.

€0.45