ENEMALTA CONTRACTS (REMOVAL OF RESTRICTIVE CONDITIONS) ORDER

ENEMALTA CONTRACTS

(REMOVAL OF RESTRICTIVE CONDITIONS) ORDER

SUBSIDIARY LEGISLATION 536.01

ENEMALTA CONTRACTS

(REMOVAL OF RESTRICTIVE CONDITIONS)

ORDER

27th August, 2014

LEGAL NOTICE 302 of 2014, as amended by Legal Notice 406 of 2014.

The title of this Order is the Enemalta Contracts (Removal

of Restrictive Conditions) Order.

(Article 3)

1. Public deed in the records of Notary Dr. Vincent Miceli

published on the 28th April 2004 and entered into between the

Government of Malta and the Enemalta Corporation - deed number

60 - as corrected by deed in the records of Notary Dr Keith Francis

German - deed number 6;

2. Public deed in the records of Notary Dr. Vincent Miceli

published on the 30th April 2004 and entered into between the

Government of Malta and the Enemalta Corporation - deed number

61 - as corrected by deed in the records of Notary Dr Keith Francis

German - deed number 7;

3. Public deed in the records of Notary Dr Vincent Miceli

published on the 30th April 2004 and entered into between the

Government of Malta, the Enemalta Corporation and the Malta

Maritime Authority - deed number 62 - as corrected by deed in the

records of Notary Dr Keith Francis German - deed number 8;

In this Order, unless the context otherwise requires

"Act" means the Enemalta (Transfer of Assets, Rights, Liabilities

and Obligations) Act;

"Corporation" means the Enemalta Corporation established by

the Enemalta Act;

"Company" means the public limited liability company Enemalta

plc, registered under the laws of Malta and bearing company

registration number C65836;

"Minister" means the Minister responsible for Energy.

All restrictive conditions which limit the use or the transfer

of land included in the public deeds listed in the Schedule to this

Order, which restrictive conditions were imposed by Government

on the Corporation in the said public deeds by virtue of the

application of article 3(1)(e) of the Disposal of Government Land

Act and which public deeds transferred land to the Corporation

which was subsequently transferred to the Company by virtue of

the provisions of article 5 (a) of the Act and of the other provisions

of the Act to which the said article 5(a) refers, are hereby removed

Provided that

(a) where land which is the subject matter of the public

deeds listed in the Schedule is land which on the date

of the issue of this Order is directly used for the

storage of petroleum or of petroleum products or for

the conveyance of petroleum or of petroleum products

to a storage facility, any condition in the said public

deeds, however worded, requiring that the said land

shall be used for the purposes of the said storage or

conveyance of petroleum or of petroleum products

shall not be deemed to be a condition imposed by the

Government on the Corporation in the said public

deeds by virtue of the application of article 3(1)(e) of

the Disposal of Government Land Act and this Order

shall not apply in respect of such condition; and

ENEMALTA CONTRACTS

(REMOVAL OF RESTRICTIVE CONDITIONS) ORDER

(b) any condition in any public deed listed in the Schedule

which requires the consent of the Commissioner of

Land for the transfer of any land which forms the

subject matter of the said public deeds shall not be

deemed to be a condition imposed by the Government

on the Corporation in the said public deeds by virtue of

the application of article 3(1)(e) of the Disposal of

Government Land Act and this Order shall not apply to

such condition.

Public deed in the records of Notary Dr. Vincent Miceli

published on the 9th November 2006 and entered into between the

Government of Malta and Enemalta Corporation - deed number

214;

Three public deeds in the records of Notary Dr. Keith

German all published on the 25th August 2014 amending the public

deeds number 60, 61 and 62 listed in items 1, 2 and 3 above

respectively - deed numbers 6, 7 and 8 respectively;

Public deed in the records of Notary Dr. Keith German

published on the 25th August 2014 by virtue of which the

G o v e r n m e n t o f M a l t a t r a n s f e r r e d t o t h e C o r p o r a t io n s i t e s ,

servitudes and rights relating to land used by the Corporation -

deed number 10.