Expired or Expiring Emphyteutical Concessions

L.N. 78 of 2025

GOVERNMENT LANDS ACT

(CAP. 573)

Expired or Expiring Emphyteutical Concessions

(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, has made the following regulations:-

The title of these regulations is the Expired or Expiring

Emphyteutical Concessions (Amendment) Regulations, 2025 and

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

or Expiring Emphyteutical Concessions Regulations, hereinafter

referred to as the "principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a) the definitions "agricultural land" or "rural land",

"expired emphyteutical concession", "expiring emphyteutical

concession" and "recognised emphyteuta" shall be deleted;

(b) immediately after the definition "Act" there shall be

added the following new definitions

" "agricultural land" means any land which is mainly

leased for the cultivation of agricultural produce, flowers,

fruit-trees or vines, and for purposes related to agriculture,

including the erection of glasshouses, cloches, cold frames

or tunnels, but shall not include land intended for grazing

animals;

"agricultural purposes" means farms or other

buildings intended primarily for the keeping of cattle for

breeding and fattening, storage of farm machinery and

equipment, storage of agricultural products as well as

storage of tools and vehicles used for the purposes of

cultivation or irrigation of agricultural land, and shall

specifically provide, inter alia, that the garaging of

vehicles, other than those specifically used in the

agricultural sector for agricultural purposes, such as

tractors and associated agricultural machinery, shall not be

permitted;";

(c) immediately after the definition "Authority" or

"competent authority" there shall be added the following new

definition

" "emphyteutical concession" means a temporary

emphyteutical concession or sub-emphyteutical concession

of land which was granted by the Government or its

predecessors in title and which has expired before the entry

into force of these regulations and which land the

Government has not taken back possession of, and shall

also include any other emphyteutical concession which

shall expire by 31 st December 2030 or any earlier date;";

(d) immediately before the definition "recognised use"

there shall be added the following new definition

" "recognised person" means a person who was

recognised as the emphyteuta or sub-emphyteuta by the

Authority upon expiry of the emphyteutical concession,

and any other person who may have the right to be

recognised in place of the same, if the necessary

documentary evidence is provided.".

Regulation 3 of the principal regulations shall be Substitutes

regulation 3 of

substituted by the following new regulation

the principal

regulations.

3. (1) These regulations shall apply to any

"Applicability.

emphyteutical

concession

except

for

those

emphyteutical concessions referred to in sub-regulation

(2)

Provided that in the case of a site exceeding

the overall footprint of one thousand and five hundred

square metres (1,500m 2 ), the concession shall be subject

to the provisions of article 31(c) of the Act, save for

those concessions of agricultural land.

(2) These regulations shall not apply in respect

of

(a) any

emphyteutical

concession

approved by a special resolution of the House of

Representatives;

(b) any emphyteutical concession granted

for a kiosk;

(c) any emphyteutical concession granted

following a call for tenders, or an auction, and this

is with the exception of those concessions which

were granted before the coming into force of the

Act;

(d) an application made by any other

person who is not the recognised person;

(e) any emphyteutical concession granted

on agricultural land where the land to which the

concession relates is included in its entirety within

the development zone boundary in accordance with

the local plans approved under the Development

Planning Act

Provided that in case the concession

includes agricultural land located both within and

outside the development zone boundary, these

regulations shall only be applicable to that part of

the concession located outside the development

zone boundary.".

Regulation 4 of the principal regulations shall be

substituted by the following new regulation

4. (1) An agricultural lease may be granted

in cases where the recognised person makes a request

on agricultural land on which there was an emphyteutic

concession and which may include rooms mainly used

for the storage of agricultural products or tools and

vehicles used for cultivation or irrigation.

(2) A temporary emphyteutical concession may

be granted in cases where the recognised person makes a

request on land or a part of land on which there was an

emphyteutic concession for agricultural purposes and

where farms or other buildings intended primarily for the

keeping of cattle for breeding and fattening are built.

(3) A temporary emphyteutical concession may

be granted following a request made by the recognised

person on any other land not mentioned in sub-

regulations (1) and (2).".

Regulation 5 of the principal regulations shall be

substituted by the following new regulation

5. (1) Any

request

regarding

an

emphyteutical concession as defined in these

regulations shall be made by means of an application, in

the form prescribed by the Authority, and shall be

submitted by the recognised person

(a) by not later than five (5) years from the date

of the coming into force of these regulations in the cases

where the concession is expired; or

(b) before the end of the term of the concession

for those concessions which shall expire by the 31st of

December 2030.

(2) Any application which is not made within

the time-frames indicated in sub-regulation (1) shall not

be considered as valid.".

Regulation 6 of the principal regulations shall be deleted.

Deletes

regulation 6 of

the principal

regulations.

Regulation 7 of the principal regulations shall be Substitutes

regulation 7 of

substituted by the following new regulation

the principal

regulations.

7. (1) Where there is more than one (1)

recognised person on any emphyteutical concession,

any one or more recognised persons may renounce and

cede any rights that they may have on the land and

transfer such rights to the other recognised persons

subject to an application made in accordance with these

regulations.

(2) Any renunciation of rights as described in

sub-regulation (1) shall be made by means of a public

deed in cases where the emphyteutical concession is

still running

Provided that in case the emphyteutical

concession has expired, any renunciation of rights shall

be made by means of a sworn declaration.".

Regulation 8 of the principal regulations shall be Substitutes

regulation 8 of

substituted by the following new regulation

the principal

regulations.

8. (1) The term of the emphyteutical

concession granted by the Authority in accordance with

these regulations shall be fifty (50) years commencing

from the date of publication of the emphyteutical

concession.

(2) The term of the agricultural lease shall be for

one (1) year which may be tacitly renewed on a yearly

basis on the fifteenth (15) August of every year, subject

that the Authority shall have the discretion to exercise

any right according to law or in terms of the agricultural

lease conditions.".

Sub-regulation (2) of regulation 9 of the principal

regulations shall be substituted by the following new sub-regulation

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

shall be calculated on the amount of the ground-rent due on the

date of the expiration of the original emphyteutical concession

shall be paid in full at the time of the publication of the

emphyteutical concession or on the signing of the agricultural

lease contract, as the case may be.".

Sub-regulations (1) and (2) of regulation 10 of the principal

regulations shall be substituted by the following new sub-regulations

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

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

of the annual rent shall be in accordance with the rates for

agricultural leases as established by the Authority.

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

land for agricultural purposes in terms of regulation 4(2), the

amount of the annual ground rent due shall be in accordance with

the rates for agricultural purposes as established by the

Authority.".

€0.45