Government-Owned Agricultural Land

L.N. 54 of 2026

GOVERNMENT LANDS ACT

(CAP. 573)

Government-Owned Agricultural Land

(Amendment) Regulations, 2026

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 Government-Owned Citation.

Agricultural Land (Amendment) Regulations, 2026 and these

regulations shall be read and construed as one with the Government- S.L. 573.06.

Owned Agricultural Land Regulations, hereinafter referred to as the

"principal regulations".

In regulation 2 of the principal regulations immediately Amends

after the definition "Building" there shall be added the following new regulation

the principal

definition

regulations.

" "direct collaterals" means siblings of the lessee, including

adopted siblings, and the direct descendants of the siblings of the

lessee, including the descendants of any predeceased siblings;".

Paragraph (b) of regulation 3 of the principal regulations Amends

regulation 3 of

shall be substituted by the following new paragraph;

the principal

regulations.

"(b) Save for the provisions of paragraph (a),

transfer of agricultural land which is the property of the

Government of Malta shall only be made if on the land

there are no buildings and provided that the land is not

within the development scheme or cannot be developed

Provided that the Authority reserves the right to

terminate the lease over the agricultural land which is

either within the development scheme or can be

developed:".

Sub-regulation (3) of regulation 6 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(3) The person to whom the agricultural land may be

given shall provide to the Authority a sworn declaration

acknowledging and assuming full responsibility for any legal

impediment which existed in the past, which still exists in the

present and which may exist in the future on such land or

building, including but not limited to stop notices, warrants of

execution or warning notices issued by any authority. In the said

sworn declaration, the person to whom the agricultural land may

be given shall declare that he is assuming full responsibility for

any damages arising out of or based upon any legal impediment,

be it in the past, in the present and in the future, on such land or

building, including enforcement notices issued by any authority

Provided that for the purpose of the sworn

declaration, "damages" means all damages including but not

limited to punitive damages, liabilities, costs, expenses, losses,

judgements, diminutions in value, fines, penalties, demands,

claims, cost recovery actions, lawsuits, administrative

proceedings, orders, response action, removal and remedial

costs, compliance costs, investigation expenses, consultant fees

and court expenses." and immediately thereafter there shall be

added the following new sub-regulations

"(4) The Authority shall not be held liable for any legal

impediment, be it in the past, in the present and in the future, on

such land or building, including stop notices, warrants of

execution, stop notices and warrants of execution or warning

notices issued by any authority and the transfer of any

agricultural land on the basis of such sworn declaration shall in

no way be interpreted or construed as a form of consent,

engagement or acceptance by the Authority.

(5) The Authority reserves the right to take any action in

accordance with the laws and regulations in force at the time of

the transfer and also those which may take effect after the

transfer, including the right to proceed before the Court in

accordance with regulation 14.".

Regulation 9 of the principal regulations shall be

substituted by the following new regulation

(1) In the event of the death of the lessee of

"Death of

lessee.

the agricultural land, notwithstanding the provisions of

any other law, the lease shall pass onto a person, or

persons in solidum, as determined by the same lessee and

the existing conditions prior to the lessee’s death shall

continue to apply in their entirety and shall also be

transferred to the new lessee

Provided that where the lessee does not

determine to which person or persons the land shall be

transferred, including if the lessee died ab intestato, the

land shall be transferred to such person or persons in the

following order of preference

(a) the husband or wife of the lessee;

(b) the linear descendant or linear

ascendant;

(c) the husband, partner or cohabitant of the

daughter or the wife, partner or cohabitant of the

son;

(d) the widow or widower of the

descendants provided they would not have

remarried;

(e) direct collaterals and their direct

descendants up to one degree only;

(f) a person who may prove to the

satisfaction of the Authority that during the last

year immediately preceding the lessee’s death, was

living with the lessee or has been working the

agricultural land with him or for him

Provided further that in the event that there is

more than one (1) person in the same category in the

order established in this sub-regulation, the land may be

transferred in solidum to such persons in the same

category or to either of them if there is an agreement

between them

Provided further that the land may be

transferred to such persons after one (1) application is

submitted together with a declaration signed by a lawyer

or a notary indicating the cessation of rights. The

Authority shall, in its discretion, request additional

documentation to process the application.

(2) If after eighteen (18) months from the death of

the lessee, there is no person that submitted a request to

be recognised instead of the lessee and, or there is no

other person who qualifies to be recognised by the

Authority as the lessee on the agricultural land to

continue the lease under these regulations, the Authority

shall have the discretion to regain possession of the

agricultural land and everything found thereon without

any right to compensation.".

6. Sub-regulation (1) of regulation 12A of the principal Amends

regulations shall be amended as follows

(a) immediately after the words "town and village feasts"

there shall be added the words "and salutes";

(b) in the proviso thereof the words "firework displays."

shall be substituted by the words "firework displays:" and

immediately thereafter there shall be added the following new

proviso

"Provided further that requests for salutes

referred to in sub-regulation (1) shall only be referred to the

Commissioner of Police and the lessee shall be exempt

from the obligation to leave the agricultural land vacant

from any agricultural produce in accordance with this sub-

regulation.".

€0.36