GOVERNMENT-OWNED AGRICULTURAL LAND REGULATIONS

SUBSIDIARY LEGISLATION 573.06

GOVERNMENT-OWNED AGRICULTURAL LAND

REGULATIONS

21st December 2018

LEGAL NOTICE 438 of 2018, as amended by Legal Notices 317 of

2022, 240 of 2024 and 54 of 2026.

The title of these regulations is the Government-Owned

Agricultural Land Regulations.

In these regulations unless the context otherwise

requires

"Agricultural Advisory Committee"

means

the

Committee established under regulation 15;

"Agricultural land" means any Government land which is

mainly leased for the cultivation of agricultural products,

flowers, fruit-trees or vines and for related agricultural

purposes, including the erection of glasshouses, cloches or cold

frames, but does not include grazing grounds;

"agricultural purposes" means the keeping of store cattle

or other farm animals, and the storage of agricultural produce,

farm machinery and equipment, tools and vehicles used

exclusively in the agricultural sector for cultivation or irrigation

purposes and should specifically provide, inter alia, that the

garaging of vehicles, other than those used specifically in the

agricultural sector for agricultural purposes, such as tractors

and associated agricultural machinery, shall not be be

permitted;

"agricultural use obligation" means a public deed entered

between the Authority and a person or legal entity to whom an

agricultural land may be transferred to with the purpose of

limiting the use and any other conditions imposed by the

Authority;

"authorised societies" means the Maltese Pyrotechnic

Association and, or its successors, and shall also include any

other firework societies in relation to the town and village

feasts and which are not members of the Maltese Pyrotechnic

Association and who hold all the necessary licences and permits

in accordance with the Explosives Ordinance;

"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;

GOVERNMENT-OWNED AGRICULTURAL LAND

"Board of Governors" means the Board of Governors of

the Authority established by article 10 of the Lands Authority

Act;

"Building" means any immovable property except for

reservoirs or wells;

"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;

"family member" means the husband or wife of the

lessee, a lineal ascendant, a lineal descendant, the husband,

partner, or cohabitant of the daughter or the wife, partner or

cohabitant of the son, the widow or widower of the descendants

while not remarried;

"floor space" means space which is measured internally

and incorporates the area of all floors however it excludes the

wall thickness, the internal open spaces, the basement levels

and the circulation spaces;

"lease" means a lease for an agreed total term not

exceeding sixteen years for rent, in cash or by other

consideration, which is paid annually at one rate or more and

includes a lease which is tacitly renewed from year to year, but

does not include emphyteusis or a lease agreement whereby the

produce is shared between the landlord and the lessee; it also

includes "sublease" in relation to a sub-lessor or sub-conductor;

"lessee" means that person who is recognised as such by

the Authority.

Except where a transfer or assignment of the rights

required under these regulations is related to a transfer and assignment

of rights between family members as described in these regulations

No application made under these regulations shall be considered

by the Authority when it is made in regards to the

(a)

transfer and assignment of the rights of the person

holding agricultural land owned by the Government

of Malta under a valid title in his name, and on

which agricultural land there is already a building

with a roofed floor space totalling more than forty

square metres (40m 2 )

Provided that the Authority may apply a ten percent

(10%) flexibility extension over the forty square metres (40m 2 )

Provided further that the Authority may consider

applications where on the agricultural land there is already a building

with a roofed floor space totalling more than forty square metres

(40m 2 ), where

(i)

the person to whom the agricultural land may be

transferred to proves to the satisfaction of the Authority,

that the building may be exclusively used for

agricultural purposes;

(ii) the person or legal entity to whom the agricultural land

may be transferred to enters into an agricultural use

obligation with the Authority to limit the use of the

building exclusively to agricultural purposes and in the

event of breach, the Authority shall have the right to

immediately evict the occupier of the building and

retake possession of the agricultural land including any

structures therein, and this without prejudice to any

other remedy at law;"

(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

Except when a transfer or assignment of the rights requested

under these regulations is related to a transfer or assignment of the

rights between a family member as described in these regulations, no

application shall be considered by the Authority unless it has

previously been referred to the Agricultural Advisory Committee set

up by virtue of these regulations to give its advice and if necessary to

make suggestions concerning the conditions to be imposed.

All applicants submitting an application under these

regulations must confirm by sworn declaration that the entire content

of the application is true and that no information or other relevant facts

have been omitted, which had they been known to the Authority would

have caused the denial or refusal of said application. No applicant may

justify such omission on the basis that the omitted information or facts

were known to the Authority

Provided that the Authority may in cases of fraud, where

the submission of any information, declaration or plans which are

incorrect or do not reflect the situation on site, or where there is an

error on the face of the document, revoke or modify any authorisation,

title or transfer granted on the basis of such information, declaration,

plan or record.

(1)

Whenever agricultural land and, or a building

situated on that agricultural land is returned to the Authority, it should

be returned with adequate access to such land and, or building. This

access shall be verified and approved by the Authority.

(2)

When the Authority is to transfer agricultural land and,

or a building situated on that agricultural land to third parties, which

agricultural land and, or building situated thereon has been returned to

the Authority under these regulations, the latter must first take the

advice of the Agricultural Advisory Committee set up by virtue of

these regulations and if necessary it shall make suggestions on the

conditions to be imposed.

The Authority shall ensure that the agricultural land which will

be transferred to third parties by virtue of these regulations continues

to be used for agricultural purposes.

(1)

Any transfer and assignment of rights made under

these regulations shall be subject to the approval of the Board of

Governors of the Authority and subject to such conditions imposed by

the said Board, including in these conditions the new rate of rent to be

paid by the assignee of the rights of the person who has agricultural

land and, or building thereon owned by the Government of Malta with

a valid title thereto. These conditions shall be published.

(2)

Prior to the approval by the Board of Governors of the

Authority, it shall be ascertained that there are no arrears. In the event

that there are arrears, no transfer shall be made before these arrears are

settled in their entirety.

(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.

(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.

Saving the provisions of regulation 3, any person holding

agricultural land owned by the Government of Malta with a valid title

in their name may apply to the Authority for the transfer and

assignment of their rights, or parts thereof, on said land to a third party,

provided that such third party is a bona fide full-time or part-time

farmer registered with the Director of Agriculture.

Saving the provisions of regulation 3, any person holding

agricultural land owned by the Government of Malta under a valid title

in their name and on which agricultural land there is a building,

reservoir or well, may apply to the Authority for the transfer and

assignment of their rights, or parts thereof, on the said land or building

to a third party, provided that such third party is a bona fide full-time

or part-time farmer registered with the Director of Agriculture.

(1)

In the event of the death of the lessee of 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.

(1)

Notwithstanding the provisions of regulation 3, a

person holding agricultural land and, or a building on agricultural

land owned by the Government of Malta under a valid title in his

name, held in solidum with several other persons, may transfer his

entire share, or part thereof, to a third party

Provided that such person shall duly serve notice to all

other lessees and provide them with the opportunity to submit to the

Authority a reasoned objection within thirty (30) days from notice

and the Authority shall decide whether such reasons are valid and

sufficient to refuse such consent. The decision of the Authority shall

be in writing and shall contain detailed reasons.

(1A) (a) the notice which shall be served to all other lessees

shall contain a site plan and description of the site and it may be

served or given

(i)

by a registered letter addressed to the

lessees at the place of residence or the available address

for service; or

(ii)

in any case in which it is not reasonably

possible to effect service by a registered letter, by

affixing the notice that shall be served or given in a

conspicuous place on the agricultural land to which it

relates and keeping it so affixed for five (5) working

days, and by publishing the notice in a local newspaper.

Where the notice is affixed on the agricultural land but is

removed before the expiry period of five (5) working

days, the re-affixing of the notice, or other instrument or

document shall only be for the remaining period after the

document was removed;

(b)

a person who at any time after a notice is affixed

pursuant to sub-regulation (1A)(a)(ii), removes,

damages or defaces the notice without lawful

authority shall be considered to be in breach of the

provisions of article 7 of the Government Lands

Act.

(2)

The limitations imposed in sub-regulation (1) shall not

apply if the agricultural land or part thereof is returned to the

Authority.

(1)

Persons who are in possession of agricultural

land or building situated thereon by valid title in their name jointly

with other persons, may request the Authority for permission to

divide such property

Provided that

(a)

the application shall first be referred to the

Agricultural Advisory Committee for its advice

and, as the case may be, the Agricultural Advisory

Committee may give its suggestions regarding the

conditions that shall be imposed;

(b)

the land may be easily divided where

(i)

it is economically viable as agricultural

land according to the agricultural trade and with a view

to maximising the agricultural product therefrom in full

respect of sustainable agricultural production in Malta;

(ii)

there is adequate access to all the proposed

sub-divisions; and

(iii) it is ascertained that any division or any

undivided share of any agricultural land leased in

solidum is not less than the footprint of one thousand and

one hundred and twenty-four square metres (1,124m 2 )

and a request for any division of the agricultural land that

results in land measuring less than the indicated area

shall be refused.

(2)

In the event that the request is made by a person holding

agricultural land and, or a building on agricultural land owned by the

Government of Malta under a valid title in his name held in solidum

with several other persons, such division may only take place

following the service of notice by the person making the request to the

other lessees, who shall have the opportunity to submit to the

Authority an objection within thirty (30) days from the notice.

(3)

The notice that shall be served to all other lessees shall

contain a site plan and description of the site and it may be served or

given

(a)

by registered letter addressed to the lessees at the

place of residence or the available address for

service; or

(b)

in any case in which it is not reasonably possible to

effect service by a registered letter, by affixing the

notice that shall be served or given in a

conspicuous place on the agricultural land to which

it relates and keeping it so affixed for five (5)

working days, and by publishing the notice in a

local newspaper. Where the notice is affixed on the

agricultural land but is removed before the expiry

period of five (5) working days, the re-affixing of

the notice, or other instrument or document shall

only be for the remaining period after the document

was removed.

(4)

A person who at any time after a notice is affixed

pursuant to sub-regulation (3)(b), removes, damages or defaces the

notice without lawful authority shall be considered to be in breach of

the provisions of article 7 of the Government Lands Act.

The Authority may grant Government-owned

agricultural land by title of lease to anyone who has successfully

completed an academic course in agricultural studies in the preceding

five years from the entry into force of these regulations with the intent

of starting an agricultural activity as mentioned above. Every grant of

land shall be subject to approval by the Board of Governors of the

Authority and subject to such conditions imposed by the said Board,

which conditions shall be published. Any person to whom this

regulation applies shall benefit from a preferential lease rate for a

maximum period of five years.

(1)

Whenever the lessee is notified in writing by the

Authority, he shall leave the agricultural land vacant from any

agricultural produce and give adequate access, without any

compensation right, to the authorised societies for a stipulated period

for the discharge of fireworks displays in relation to town and village

feasts and salutes subject to the issue of permits by the Commissioner

of Police

Provided that the Authority shall also include in such

notice that period within which the authorised societies may use the

land before the date of the discharge of firework displays

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.

(2)

The authorised societies shall, through an application

form provided by the Authority and as subject to the provisions of

these regulations, apply and obtain the consent of the Authority to

discharge any fireworks on any Government-owned agricultural land

which was already being used to discharge fireworks before or until

the 31st December 2024

Provided that where a request is made by the authorised

societies in relation to Government-owned agricultural land which was

not being used for the discharge of fireworks before or until the 31st

December 2024, the authorised societies shall prove to the satisfaction

of the Authority that the land upon which the fireworks were being

discharged before or until the 31st December 2024 no longer satisfies

the requirements stipulated in the Explosives Ordinance.

(3)

The authorised societies shall submit the application to

the Authority by not later than 31st May of each year and shall indicate

the dates when the fireworks are to be discharged covering the period

between the 16th August of the current year until the 15th August of

the subsequent year

Provided that the requests made until the 31st May 2025

shall cover the fireworks to be discharged on Government-owned land

during all the feasts to be held in the year 2025 and the period until the

16th August of the year 2026.

(4)

The authorised societies shall obtain all the necessary

licences and permits in accordance with the Explosives Ordinance.

(5)

The authorised societies shall return the agricultural land

back to the lessee within seven (7) days from the celebration of the

feast and in the same condition that it was given to them and clean

from any objects related to the discharge of fireworks.

The Authority has absolute and sole discretion to refuse

any application made pursuant to these regulations. Such refusal or

denial shall be made in writing accompanied by detailed reasons for

such decision.

The Authority is empowered to proceed with an action

before the First Hall of the Civil Court if it considers that

(a)

the agricultural land is being used for purposes

other than agricultural ones; or

(b)

the agricultural land is not being farmed; or

(c)

the building is being used for purposes other than

agricultural ones; or

(d)

the building is being used as a residence; or

(e)

any provision of these regulations is being or has

been violated,

even after the related deed of transfer has been made, against

any person involved, including the occupant, and to request the court

to declare the transfer made under these regulations, or any other

transfer not made in accordance with these regulations, null and void.

In such case, the court shall order the eviction of every person

from the land or building and order that such property, including any

improvements made therein, be returned to the Authority without any

right to any damages, of whatever nature, or compensation to that

person or occupant, for the improvements they made or could have

made to that property.

(1)

A Committee, known as the Agricultural

Advisory Committee, whose members are to be appointed by the

Minister and on the advice of the Minister responsible for Agriculture

for those officers falling under his responsibility, shall be set up.

(2)

The Agricultural Advisory Committee shall consist of a

Chairperson representing the Authority, another representative of the

Authority, a representative of the department, agency or authority

responsible for agriculture, another representative of the department,

agency or authority responsible for veterinary services and another

representative of the department, agency or authority responsible for

Sustainable Development on the advice of the Minister responsible for

Agriculture.

(3)

Three members of the Agricultural Advisory Committee

shall constitute a quorum at the meetings of the Agricultural Advisory

Committee. The Chairperson of a sitting shall have an original vote,

and in the event of a tie, a casting vote. There shall also be a secretary

to the Agricultural Advisory Committee who shall be appointed by the

Authority whose duties shall be assigned by the Agricultural Advisory

Committee.

(4)

Besides the functions already conferred by these

regulations, the Agricultural Advisory Committee shall be authorised

to issue guidelines to be made available to the public and to give

professional and expert advice to the Authority’s Board over

applications made in relation to this Notice.

(5)

The Agricultural Advisory Committee may ask any

person for expert or professional advice on any issue the Committee

may be addressing.

(6)

Without prejudice to the provisions of these regulations

and to any rules prescribed by the Minister, the Agricultural Advisory

Committee may regulate its procedures.

The Authority shall ensure that all expenses incurred in

relation to the above-mentioned transfers are paid by the person to

whom the agricultural land or building is to be assigned and that no

transfer or division of the property regarding which an application has

been made can be made before such expenses are settled in full.

The Authority may grant a lessee the consent to submit

an application for a development permit for development related to

agricultural purposes in terms of the Development Planning Act

Provided that

(a)

no third-party rights shall be infringed by the

development;

(b)

the Authority shall not be held responsible for any

expenses incurred in relation to a development permit; and

(c)

the consent shall not confer any rights over the property,

which were not previously vested and the Authority may issue the

consent subject to a number of conditions deemed appropriate,

including but not limited to the condition to apply a new rate of rent

based on a valuation drawn up in accordance with the Government

Lands Act.

Agricultural land granted under any form of title, and

which was, or still is, subject of the granting of a license for the

quarrying and extraction of minerals, may, upon the application of the

current recognised lessee, be transferred via an emphyteutical

concession for a period not exceeding sixty-five (65) years

Provided that

(a)

in the case of an application for the redevelopment

of the site, the competent authorities shall confirm that the

quarrying of the site was carried out in accordance with valid

licenses, and the quarried site, or part thereof being the subject

of the application, is a spent quarry and is no longer viable for

the extraction of minerals;

(b)

the applicant shall provide a valid executable full

development permit for the redevelopment of the quarried site

which is no longer viable for the extraction of minerals, into an

industrial or commercial development

Provided further that, in the case of a quarry site which is

still in operation, and where the competent authorities confirm that the

quarrying of the site is being carried out in accordance with valid

licenses and, or the relative development permissions, upon

application of the current recognised lessee, the land may be

transferred via an emphyteutical concession for a period not exceeding

sixty-five (65) years for quarrying of the site and extraction of

minerals purposes.

For the purposes of paragraph (b) to the first proviso, and

provided that the provisions of paragraph (a) to the first proviso are

satisfied, the Authority shall not withhold consent for the submission

of a development permit applications.

Any application regarding Government of Malta

agricultural land or buildings situated thereon, made prior to the entry

into force of the Government Lands Act, and which are still pending

resolution, shall be examined and decided in accordance with the laws

that were in force at the time the application was submitted. Any

application regarding Government of Malta agricultural land or

buildings situated thereon, made after the entry into force of the

Government Lands Act, and which are still pending resolution, shall

be examined and decided according to these regulations.

Provided that any rights acquired by any applicant by

virtue of these regulations shall not be detracted from.