Commercial Property (Amendment) Regulations, 2025

L.N. 58 of 2025

GOVERNMENT LANDS ACT

(CAP. 573)

Grant of a Temporary Emphyteutical Concession to the

Emphyteuta, Tenant or Operator of Government-Owned

Commercial Property (Amendment) Regulations, 2025

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

77 of the Government Lands Act, the Minister responsible for the

Lands Authority and the Minister responsible for justice have made the

following regulations:-

The title of these regulations is the Grant of a Temporary

Emphyteutical Concession to the Emphyteuta, Tenant or Operator of

Government-Owned Commercial Property (Amendment) Regulations,

2025 and these regulations shall be read and construed as one with the

Grant of a Temporary Emphyteutical Concession to the Emphyteuta,

Tenant or Operator of Government-Owned Commercial Property

Regulations, hereinafter referred to as the "principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately after the definition "authority" there

shall be added the following new definition

"Board of Governors" shall have the same meaning as

assigned to it in the Act;"

(b) the definition "recognised use" shall be substituted by

the following new definition

" "recognised use" means the use for which land has

been granted including that use of land recognised by the

authority or which the authority considers recognising.".

Sub-regulation (1) of regulation 3 of the principal

regulations shall be amended as follows

(a) in paragraph (c) thereof the words "specified in sub-

regulation (3)" shall be substituted by the words "specified in

sub-regulation (2)";

(b) the proviso to paragraph (d) thereof shall be

substituted by the following new proviso

"Provided that where the recognised use is not

specified in the concession or lease agreement, the

authority shall have the right to recognise the use as

commercial in accordance with these regulations:"; and

immediately thereafter there shall be added the following

new proviso

"Provided further that the Authority may also

consider a request for a new commercial use under one of

the categories listed in the First Schedule, provided that the

proposed use is covered by a development permit or other

licence required as the case may be.".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) kiosks, with the exception of those properties

consisting of a permanently constructed structure having a

Class 4C and 4D use as listed in the First Schedule, covered

by a development permit or licence as the case may be and

which were already operational before the coming into

force of the Act;";

(b) paragraph (b) thereof shall be substituted by the

following new paragraph

"(b) boat yards, with the exception of those

properties with a recognised use in accordance with one of

the uses listed in the First Schedule, covered by a

development permit or licence as the case may be, and

which were already operational before the coming into

force of the Act;";

(c) paragraph (c) thereof shall be substituted by the

following new paragraph

"(c) scheduled properties, except those properties

with a recognised use in accordance with one of the uses

listed in the First Schedule, covered by a development

permit or licence as the case may be

Provided that the grant of the concession under

these regulations for such scheduled properties shall be

subject to approval by the Board of Governors of the

Authority after it has been established that the grant of the

concession would not be of any detriment to the scheduling

level of the property;".

Regulation 5 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof the words "or tenants"

shall be substituted by the words

"or tenants, or involves additional Government

property annexed to the tenement orginally disposed, and";

and

(b) in sub-regulation (2) thereof the words "In any case

involving more than one (1) tenement in terms of sub-regulation

(1)" shall be substituted by the words "In case of any application

for a property that originally consisted of separate tenements

disposed of to different emphyteutae and, or different tenants,

but which over time were amalgamated into one tenement (1) in

accordance with sub-regulation (1)" .

The first proviso to regulation 6 of the principal regulations

shall be substituted by the following new proviso

"Provided that every such application where it is

established that the property or part of the property is not duly

covered by a development permit or any third party rights are

being breached, shall be excluded from the emphytheutical

concession:".

€0.27