EMPHYTEUTICAL CONCESSIONS TO AUTHORISED PROVIDERS LICENSED TO OPERATE A PETROLEUM FILLING STATION AT A RETAIL SITE

EMPHYTEUTICAL CONCESSIONS TO AUTHORISED

PROVIDERS LICENSED TO OPERATE A PETROLEUM

FILLING STATION AT A RETAIL SITE LOCATED ON

GOVERNMENT OWNED PROPERTY

SUBSIDIARY LEGISLATION 573.13

EMPHYTEUTICAL CONCESSIONS TO AUTHORISED

PROVIDERS LICENSED TO OPERATE A

PETROLEUM FILLING STATION AT A RETAIL SITE

LOCATED ON GOVERNMENT OWNED PROPERTY

REGULATIONS

25th February, 2022

LEGAL NOTICE 96 of 2022.

(1)

The title of these regulations is the Grant of

Emphyteutical Concessions to Authorised Providers Licensed to

operate a Petroleum Filling Station at a Retail Site Located on

Government owned Property Regulations.

(2)

The scope of these regulations is to allow the Authority

to award direct emphyteutical concessions to eligible applicants in

possession of a license to operate petroleum filling stations that are

wholly or partially located on Government owned property.

(3)

These regulations shall provide for a strong title over

properties licensed and permitted to carry out the activity of a

petroleum filling station, and shall facilitate the obligatory

refurbishment projects being imposed by the authorities.

In these regulations, unless the context otherwise

requires

"Act" means the Government Lands Act;

"Authority" or "competent authority" means the Lands

Authority established in accordance with article 5 of the Lands

Authority Act or any person or any other entity that has been entrusted

by contract or by law to administer Government land;

"authorised provider" means the holder of an authorisation

issued by the regulator under these regulations, or a service provider

who is authorised to operate under any law in force in a Member State

of the European Union or a state which is a participant to the European

Economic Area, permitting such person to operate a petroleum filling

station;

"petroleum filling station" means an authorised facility which

has been approved by the regulator to store petroleum at a retail site,

and which may be subject to any such conditions as the regulator may

establish in the applicable authorisation;

"REWS" or "regulator" means the Regulator for Energy and

Water Services.

EMPHYTEUTICAL CONCESSIONS TO AUTHORISED

PROVIDERS LICENSED TO OPERATE A PETROLEUM

FILLING STATION AT A RETAIL SITE LOCATED ON

GOVERNMENT OWNED PROPERTY

(1)

Applications for the awarding of an emphyteutical

concession for a period of fifty (50) years shall be accepted from

authorised providers licensed to operate a petroleum filling Station at a

retail site located on Government owned property, as defined in

regulation 2 of the Petroleum for the Inland (Retail) Fuel Market

Regulations.

(2)

The main criteria for eligibility shall be the following

(a)

stations that are in the list of REWS authorised

providers for operating a petroleum filling station;

(b)

the applicant shall be the person or legal entity

holding the relative REWS license as an authorised provider as

defined in regulation 2 of the Petroleum for the Inland (Retail)

Fuel Market Regulations;

(c)

stations shall become eligible only upon being

awarded executable full development permission for the

refurbishment project

Provided that any statutory period for the submission of

an appeal to the Environment and Planning Review Tribunal has also

elapsed.

(1)

The emphyteutical concession shall be for a

temporary period of fifty (50) years.

(2)

Those stations that are certified by REWS as having

carried out the refurbishment project as approved by the Planning

Authority shall become immediately eligible for the awarding of the

emphyteusis.

(3)

Stations that are as yet to carry out the refurbishment

project, or are in the stages of relocating to a different site which is also

Government owned, shall become eligible upon obtaining the

development permission aforementioned

Provided that the emphyteutical deed shall be conditional

to the completion of the project, and their obtaining an operating

license from REWS within two (2) years of the signing of the deed, and

failing which, the concession shall be deemed terminated forthwith.

(4)

In all cases, the concession shall be terminated within six

(6) months of the withdrawal of the operating license by REWS or any

subsequent licensing by the Authority

Provided that in those cases where the property is subject

to any form of existing title, this shall be terminated on the same day as

the signing of the emphyteutical concession deed.

EMPHYTEUTICAL CONCESSIONS TO AUTHORISED

PROVIDERS LICENSED TO OPERATE A PETROLEUM

FILLING STATION AT A RETAIL SITE LOCATED ON

GOVERNMENT OWNED PROPERTY

(1)

Fuel stations are typically composed of a

forecourt, with relative above-ground filling areas and sales area,

complimented by below ground fuel storage tanks and pipework. The

proposed rates for the computation of the total annual ground rent,

which are based on standard rates for encroachment permits, are as

follows

(a)

above ground areas (including forecourt, footprint

of buildings, and filling areas): forty-six euro per square metre

every year (€46/sq.m./annum)

(b)

below ground areas (including storage tanks,

water separators, and pipework): twenty-three euro per square

metre every year (€23/sq.m./annum)

Provided that in the case of buildings which include

basements and/or upper levels, only the footprint of the largest level

shall be taken into consideration, and this at the higher rate of forty-six

euro per square metre every year (€46/sq.m./annum)

Provided further that canopies and other shading

structures shall not be construed as built-up areas.

(2) If the amount of the current concession, lease or

encroachment permit exceeds the ground rent computed as proposed in

these regulations, then the current rate shall be retained in the new

emphyteutical deed

Provided that in no case, shall the new amount exceed

three (3) times the value of any current concession, lease or

encroachment permit.

(3)

The ground rent shall become payable from the date of

the signing of the deed and shall be payable in two equal instalments

every six (6) months in advance.

(4)

Over the fifty (50) year concession the ground rent shall

increase by ten percent (10%) every five (5) years pro tempore.