Protection of Agricultural Land Regulations, 2025

L.N. 150 of 2025

AGRICULTURE ACT

(CAP. 639)

Protection of Agricultural Land Regulations, 2025

IN EXERCISE of the powers conferred by article 7 of the

Agriculture Act, the Minister responsible for agriculture and rural

affairs, has made the following regulations:-

(1) The title of these regulations is the Protection of Citation, scope

and

Agricultural Land Regulations, 2025.

commencement.

(2) The scope of these regulations is to establish measures and

processes to safeguard agricultural land from damages, to promote

agronomic viability and to establish the minimum agronomic measures

required to ensure that agricultural land is maintained adequately for

agricultural purposes.

(3) These regulations shall come into force within two (2)

months from their publication in the Gazette

Provided that regulation 9 shall come into force within one

(1) year from the publication of these regulations in the Gazette.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"Act" means the Agriculture Act;

"agricultural land" means any land outside the limits of a

development zone boundary according to development planning

laws, plans and policies, that can support an agriculture activity

including the growing of crops, flowers, fruit trees or vines for

related agricultural purposes, including the erection of

glasshouses, cloches or cold frames;

"agricultural parcel" means a unit of agricultural land

which is clearly defined as a whole and without it being divided

by any space, as designated and divided according to regulation

3(4);

"agricultural year" means the period between the 1st

September and the 31st August of each calendar year, both dates

inclusive;

"crop plan" means a plan of the crops to be cultivated

during an agricultural year, as submitted to the Director;

"Director" means the Director responsible for agriculture

and includes, to the extent of the authority given, any officer

authorised by him in writing, to act on his behalf for any of the

purposes of these regulations;

"Minister" means the Minister responsible for agriculture;

"register" means a register of agricultural land with relevant

details including details of farmers working that land and that

shall be kept by the Director;

"Riżorsi Agrikoli Malta" means the Riżorsi Agrikoli Malta

Agency established by Riżorsi Agrikoli Malta (Establishment as

an Agency) Order.

(2) Unless the context otherwise requires, all other words and

phrases used in these regulations shall have the same meaning as

assigned to them in the Act.

(1) The Director shall keep a register with information

which shall be managed and processed according to all applicable laws

for data protection and privacy.

(2) Farmers or valid title holders shall register agricultural land

in accordance with these regulations

Provided that farmers already engaged in agricultural

activity shall register said agricultural land within six (6) months from

the coming into force of these regulations

Provided further that with their registration, farmers or

valid title holders shall at all times provide the Director with their

postal address and any service requirements according to these

regulations shall be deemed satisfied if service is effected at that

address.

(3) Anything done by the Director in considering an

application for registration according to these regulations, and the

acceptance or refusal of an application to register agricultural land

according to these regulations shall not grant, recognise or confirm any

personal or real rights on such agricultural land which may prejudice

third party rights, and any declaration in an application or decision by

the Director according these regulations shall only have effect for the

purposes of these regulations.

(4) Agricultural land shall be registered and designated as

agricultural parcels by the Director according to the scope of these

regulations.

Upon registration of an agricultural land farmers or valid Crop plan.

title holders shall submit a crop plan to the Director, providing details

about their agricultural activity for one (1) agricultural year or more

Provided that the Director may issue instructions which

shall be followed in submitting a crop plan, or provide forms or other

types of documents on the website of the Ministry responsible for

agriculture to be used for the purposes of this regulation.

Farmers or valid title holders shall ensure that any Maintenance of

agricultural land forming part of their agricultural holding is agricultural

land.

safeguarded from any threats and damages which endanger the natural

production potential of such agricultural land, which potential is to be

maintained and improved along the years. Farmers or valid title

holders shall ensure inter alia that

(a) no activity which makes soil unsuitable for

agricultural use is undertaken, including but not limited to the

following

(i) mixing soil with stones or with any other

material that leads, or may lead to the deterioration of the

soil;

(ii) covering soil with any layer of concrete, stones,

stone slabs or any other similar material;

(iii) depositing on soil, or leaving deposited on soil,

any object or objects having an area larger than two (2)

square metres for a period longer than thirty (30) days;

(iv) depositing, or leaving deposited, any soil in

such manner as is unsuitable for use in an agricultural

activity; and

(v) construction of structures not essential to the

needs of agriculture except if such structures are permitted

according to applicable planning policies;

(b) agricultural machinery and, or heavy machinery shall

not be used when the soil is waterlogged;

(c) unnecessary trampling of the soil with heavy

machinery or vehicles shall be prohibited;

(d) stubble and grass spoil shall not be burnt on the soil

on areas greater than ten (10) metres squared for every tumolo of

land, except by order of a competent authority.

The minimum level of agricultural activity according to the

Common Agricultural Policy of the European Union shall be

conducted on each agricultural land;

Provided that the said minimum level of agricultural

activity shall always include that such agricultural land be kept fit for

cultivation, and be tilled at least once a year

Provided further that if there are trees in the agricultural

land, the said trees shall be kept in a good agricultural condition

Provided further that this regulation shall not apply if

agricultural land is planted with wild species of plants as part of an

agri-environmental measure financed through national or European

Union funds.

For the purpose of limiting or avoiding the degradation of

agricultural land the Minister, in consultation with the Director, may

prescribe additional temporary obligations, emergency measures and,

or requirements as may be published by notice in the Gazette.

The use of agricultural land for non-agricultural activities

Non-agricultural

shall not interfere with agricultural activities that may be carried out

according to regulation 6 or cause environmental degradation

Provided that all non-agricultural activity on agricultural

land shall comply with the provisions of these regulations and any

other obligation according to law.

(1) In cases where the agricultural land is not registered

under any person, the Director shall affix a notice at the site of the

agricultural land and also publish a Government notice ordering that

any person having an interest in such agricultural land shall declare

and describe such interest to the Director within three (3) months from

the said publication, and if no such declaration is made the Director

shall request Riżorsi Agrikoli Malta to register the agricultural land on

its behalf and by virtue of such registration Rizorsi Agrikoli Malta

shall acquire effective possession of such agricultural land and shall

have the power to allocate it for agricultural activity

Provided that if a valid title on such agricultural land is

proven to the satisfaction of the Director, he shall deregister the land

from Riżorsi Agrikoli Malta at the end of the agricultural year in

which the valid title is established and register it in favour of the title

holder

Provided further that any registration according to the

previous proviso shall only be effective if any fines (multi), fees or

other dues according to these regulations are settled by the title holder.

(2) Riżorsi Agrikoli Malta shall manage the agricultural land

registered in its favour according to sub-regulation (1) as a bonus pater

familias;

Provided that if such agricultural land is deregistered from

Riżorsi Agrikoli Malta so as to be registered on a valid title holder

according to sub-regulation (1), such title holder shall compensate

Riżorsi Agrikoli Malta for all the expenses incurred for the taking up

of the agricultural land and management thereof, including but not

limited to notarial, legal and fiscal costs, and the expenses for all

improvements made by Riżorsi Agrikoli Malta.

(3) If the holder of a valid title over an agricultural land proves

to the satisfaction of the Director that

(i) it was impossible for him to register the agricultural

land according to these regulations; and

(ii) he obliges himself that he shall act as the farmer or to

engage a farmer for such agricultural land once it is registered in

his name according to these regulations,

he shall be entitled to the payment of any equivalent amount to

every payment received by Riżorsi Agrikoli Malta from third parties

for such agricultural land, excluding expenses incurred according to

sub-regulation (2), and such equivalent amount shall be paid to the

farmer or valid title holder by Riżorsi Agrikoli Malta.

Any advertisement promoting the sale of agricultural land Sale of

agriculture land.

for purposes other than agriculture is prohibited.

Article 8 of the Act shall apply mutatis mutandis for the General powers

of the

purposes of the general powers of authorised officers.

authorised

officers.

(1) In cases in which the Director deems that the Measures in

requirements of regulation 5 are not being observed by a farmer or case

irregularities

valid title holder, he may order corrective action to be taken by an and breaches.

order in writing and the provisions of regulation 12(1) shall apply

mutatis mutandis for the service of said order.

(2) Failure to implement corrective action in accordance with

sub-regulation (1) shall be deemed to be an offence against this

regulation.

(1) Without prejudice to regulation 12, in a case in which

the Director deems that any requirement stipulated in regulations 4 to

7 is not being observed by a farmer or valid title holder, he may issue a

warning notice against such farmer or valid title holder that is to be

sent and delivered to the latter by registered mail at the postal address

indicated by the farmer or valid title holder in accordance with

regulation 3

Provided that a warning notice shall also be deemed to be

delivered if it is physically delivered to the farmer or valid title holder

by an authorised officer

Provided further that the procedure established in article 18

of the Act shall apply mutatis mutandis to the notification of a warning

notice

Provided further that alternatively the Director may opt to

issue a warning notice by judicial letter and service thereof shall be

effected according to law.

(2) The warning notice according to sub-regulation (1) shall

establish the conditions required by the Director for the farmer or valid

title holder to be deemed in compliance with these regulations, and

said warning notice shall amongst others include

(a) the date or periods when any default took place by the

farmer or valid title holder and the legal basis for such default;

(b)

the facts motivating the issuing of the warning notice;

(c) the measures that the farmer or valid title holder has

to take in order to be deemed in compliance with these

regulations; and

(d) if applicable, the time period within which the said

measures are to be implemented as the Director may deem

reasonable in the circumstances, which period shall only

commence to run from the date of service of the warning notice.

(3) The Director shall order corrective action according to

regulation 12 against the person to whom the warning notice is

addressed if he does not implement the measures referred to in

paragraph (c) of sub-regulation (2) within the time period referred to in

paragraph (d) of the same sub-regulation.

The Director may exempt any person from the obligation to

register agricultural land according to these regulations if said person

proves to the satisfaction of the Director that he cannot register such

agricultural land or he cannot conduct on it the minimum level of

agricultural activity in accordance with regulation 6.

Whosoever feels aggrieved by a decision of the Director in Judicial review.

accordance with these regulations, may by application request a

review of that decision by the Administrative Review Tribunal in Cap. 490.

accordance with article 5 of the Administrative Justice Act

Provided that said application shall be filed within twenty

(20) days from the service of the decision of the Director.

(1) The Court of Magistrates as a Court of Criminal Proceedings

Judicature shall be competent to hear and determine all offences before

Court.

according to these regulations.

(2) In any criminal proceedings before the Court of

Magistrates for an offence according to these regulations, the Director

or any officer, lawyer or legal procurator delegated by the Director

may, together with the Executive Police, produce evidence, examine

and cross-examine witnesses and make submissions as to fact and law.

(3) The sworn statement of any officer, lawyer or legal

procurator to the effect that he has been delegated as provided in sub-

regulation (1) shall be conclusive evidence of the fact, should proof

thereof be required by the accused or the Court.

(1) Any person shall be guilty of an offence according to Offences and

fines (multi).

these regulations if he

(a) fails to comply with any provision of these

regulations or any lawful order given by virtue of these

regulations;

(b) intentionally obstructs or causes the obstruction of

any person acting in the proper exercise of his functions in

accordance with these regulations and, or fails to allow an

inspection authorised in accordance with these regulations;

(c) without reasonable cause, fails to give to any person

acting in the exercise of his functions in accordance with these

regulations, any assistance or information which he may be

required to give in accordance with these regulations or any

other law, or gives false or misleading information;

(d) conspires with, aids or abets any other person by

whatever means, including advertising, counselling or

procurement, to breach the provisions of these regulations or to

fail to comply with any such provisions, including any order

lawfully given in terms of any of the provisions of these

regulations, or to breach any restriction, prohibition or

requirement imposed by, or in accordance with the said

regulations;

(e) alters, forges, counterfeits or destroys any document

presented to, or issued by the Director in accordance with these

regulations.

(2) It shall also be an offence under these regulations for any

authorised officer to disclose to any person any information on any

trade secret obtained by him in the course of his duties, unless the

disclosure is necessary for the performance of his duties and disclosure

is strictly limited to persons or authorities reasonably required to know

the information disclosed.

(3) Any person who is found guilty of an offence against the

provisions of these regulations shall on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

five hundred euro (€500) but not exceeding two thousand five

hundred euro (€2,500);

(b) on a second conviction or subsequent conviction, to a

fine (multa) of not less than one thousand five hundred euro

(€1,500) but not exceeding eleven thousand euro (€11,000), or to

a fine (multa) calculated on the profit made by the offender in

breach of these regulations, whichever is the higher

Provided that when the fine (multa) is so calculated, it

may in no case exceed five (5) times the profit made by the

offender in breach of these regulations.

€0.72