PROTECTION OF AGRICULTURAL LAND REGULATIONS

SUBSIDIARY LEGISLATION 639.13

PROTECTION OF AGRICULTURAL LAND

REGULATIONS

28th September, 2025

LEGAL NOTICE 150 of 2025, as amended by Legal Notice 105 of

2026.

(1)

The title of these regulations is the Protection of

Agricultural Land Regulations.

(2)

The scope of these regulations is to establish measures

and processes to safeguard agricultural land from damages, to promote

agronomic viability and to establish the minimum agronomic measures

required to ensure that agricultural land is maintained adequately for

agricultural purposes.

(3)

These regulations shall come into force within two (2)

months from their publication in the Gazette

Provided that regulation 9 shall come into force within

one (1) year from the publication of these regulations in the Gazette.

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Agriculture Act;

"agricultural land" means any land outside the limits of a

development zone boundary according to development planning

laws, plans and policies, that can support an agriculture activity

including the growing of crops, flowers, fruit trees or vines for

related agricultural purposes, including the erection of

glasshouses, cloches or cold frames;

"agricultural parcel" means a unit of agricultural land

which is clearly defined as a whole and without it being divided

by any space, as designated and divided according to regulation

3(4);

"agricultural year" means the period between the 1st

September and the 31st August of each calendar year, both

dates inclusive;

"crop plan" means a plan of the crops to be cultivated

during an agricultural year, as submitted to the Director;

"Director" means the Director responsible for agriculture

and includes, to the extent of the authority given, any officer

authorised by him in writing, to act on his behalf for any of the

purposes of these regulations;

"Minister"

means

the

Minister

responsible

for

agriculture;

"register" means a register of agricultural land with

relevant details including details of farmers working that land

and that shall be kept by the Director;

"Riżorsi Agrikoli Malta" means the Riżorsi Agrikoli

Malta Agency established by Riżorsi Agrikoli Malta

(Establishment as an Agency) Order.

(2)

Unless the context otherwise requires, all other words

and phrases used in these regulations shall have the same meaning as

assigned to them in the Act.

(1)

The Director shall keep a register with

information which shall be managed and processed according to all

applicable laws for data protection and privacy.

(2)

Farmers or valid title holders shall register agricultural

land in accordance with these regulations

Provided that farmers already engaged in agricultural

activity shall register said agricultural land within six (6) months from

the coming into force of these regulations

Provided further that with their registration, farmers or

valid title holders shall at all times provide the Director with their

postal address and any service requirements according to these

regulations shall be deemed satisfied if service is effected at that

address.

(3)

Anything done by the Director in considering an

application for registration according to these regulations, and the

acceptance or refusal of an application to register agricultural land

according to these regulations shall not grant, recognise or confirm any

personal or real rights on such agricultural land which may prejudice

third party rights, and any declaration in an application or decision by

the Director according these regulations shall only have effect for the

purposes of these regulations.

(4)

Agricultural land shall be registered and designated as

agricultural parcels by the Director according to the scope of these

regulations.

Upon registration of an agricultural land farmers or valid

title holders shall submit a crop plan to the Director, providing details

about their agricultural activity for one (1) agricultural year or more

Provided that the Director may issue instructions which

shall be followed in submitting a crop plan, or provide forms or other

types of documents on the website of the Ministry responsible for

agriculture to be used for the purposes of this regulation.

Farmers or valid title holders shall ensure that any

agricultural land forming part of their agricultural holding is

safeguarded from any threats and damages which endanger the natural

production potential of such agricultural land, which potential is to be

maintained and improved along the years. Farmers or valid title

holders shall ensure inter alia that

(a)

no activity which makes soil unsuitable for

agricultural use is undertaken, including but not limited to the

following

(i)

mixing soil with stones or with any other

material that leads, or may lead to the deterioration of the

soil;

(ii)

covering soil with any layer of concrete,

stones, stone slabs or any other similar material;

(iii) depositing on soil, or leaving deposited on

soil, any object or objects having an area larger than two

(2) square metres for a period longer than thirty (30)

days;

(iv) depositing, or leaving deposited, any soil in

such manner as is unsuitable for use in an agricultural

activity; and

(v)

construction of structures not essential to

the needs of agriculture except if such structures are

permitted according to applicable planning policies;

(b)

agricultural machinery and, or heavy machinery

shall not be used when the soil is waterlogged;

(c)

unnecessary trampling of the soil with heavy

machinery or vehicles shall be prohibited;

(d)

stubble and grass spoil shall not be burnt on the

soil on areas greater than ten (10) metres squared for every

tumolo of land, except by order of a competent authority.

The minimum level of agricultural activity according to

the Common Agricultural Policy of the European Union shall be

conducted on each agricultural land;

Provided that the said minimum level of agricultural

activity shall always include that such agricultural land be kept fit for

cultivation, and be tilled at least once a year

Provided further that if there are trees in the agricultural

land, the said trees shall be kept in a good agricultural condition

Provided further that this regulation shall not apply if

agricultural land is planted with wild species of plants as part of an

agri-environmental measure financed through national or European

Union funds.

For the purpose of limiting or avoiding the degradation

of agricultural land the Minister, in consultation with the Director, may

prescribe additional temporary obligations, emergency measures and,

or requirements as may be published by notice in the Gazette.

The use of agricultural land for non-agricultural

activities, including the practice of hobbies, is permissible provided

that it does not interfere with agricultural activities which may be

carried out in accordance with regulation 6 or cause any environmental

degradation

Provided that any non-agricultural activity on

agricultural land shall comply with the provisions of these regulations

and any other obligations according to law.

*

(1)

In cases of agricultural land which is not

registered under any person and is not maintained in terms of

regulation 5, the Director shall affix a notice on the site of the

agricultural land as well as publish a Government notice ordering that

any person having an interest in such agricultural land shall declare

and describe such interest to the Director within three (3) months from

the said publication, and if no declaration is made the Director shall

request Riżorsi Agrikoli Malta to register the agricultural land in its

name and by virtue of such registration Riżorsi Agrikoli Malta shall

acquire the effective possession of such agricultural land and shall

have the power to allocate it to an agricultural activity

Provided that if a valid title on such agricultural land is

proven to the satisfaction of the Director, he shall cancel the

registration of the land under Riżorsi Agrikoli Malta by the end of the

agricultural year in which a valid title was established, and register it

in favour of the title holder

Provided further that any registration under the preceding

proviso shall only become effective if any fine (multa), fee or other

debt in accordance with these regulations is settled by the title holder,

unless the holder of the valid title demonstrates to the satisfaction of

*This regulation shall come into force within one (1) year from the publication of these

regulations. Vide proviso to regulation 1(3) of Legal Notice 150 of 2025.

the Director that it was impossible for him to register the land and

comply with the land use obligation in accordance with these

regulations, and thus any such fine (multa), fee or debt shall cease to

be due even if it resulted from an offence in accordance with these

regulations.

(2)

Riżorsi Agrikoli Malta shall manage agricultural land

registered in its favour in accordance with sub-regulation (1) as a

bonus paterfamilias

Provided that if such agricultural land ceases to be

registered on Riżorsi Agrikoli Malta in order to be registered in favour

of a holder of a valid title according to sub-regulation (1), such title

holder shall compensate Riżorsi Agrikoli Malta for all costs incurred

for the taking over of the agricultural land and management of same,

including but not limited to notarial, legal and fiscal costs, and the

costs for all improvements made by Riżorsi Agrikoli Malta and this

unless the valid title holder demonstrates to the satisfaction of the

Director that it was impossible for him to register the land and to

comply with the land use obligation according to these regulations,

and thus any costs shall cease to be due even if these resulted from an

offence in accordance with these regulations.

(3)

If a holder of a valid title on an agricultural land proves

to the satisfaction of the Director that

(a)

it was impossible for him to register the

agricultural land in accordance with these regulations; and

(b)

undertakes to act as a farmer or engage a farmer

for such agricultural land upon the registration in his name

according to these regulations,

he shall be entitled to the payment of any amount as equivalent

to that collected by Riżorsi Agrikoli Malta for such agricultural land

from third parties, excluding costs in accordance with sub-regulation

(2), and such equivalent amount shall be paid to the farmer or to the

valid title holder by Riżorsi Agrikoli Malta.

Any advertisement promoting the sale of agricultural

land for purposes other than agriculture is prohibited.

Article 8 of the Act shall apply mutatis mutandis for the

purposes of the general powers of authorised officers.

(1)

In cases in which the Director deems that the

requirements of regulation 5 are not being observed by a farmer or

valid title holder, he may order corrective action to be taken by an

order in writing and the provisions of regulation 12(1) shall apply

mutatis mutandis for the service of said order.

(2)

Failure to implement corrective action in accordance

with sub-regulation (1) shall be deemed to be an offence against this

regulation.

(1)

Without prejudice to regulation 12, in a case in

which the Director deems that any requirement stipulated in

regulations 4 to 7 is not being observed by a farmer or valid title

holder, he may issue a warning notice against such farmer or valid title

holder that is to be sent and delivered to the latter by registered mail at

the postal address indicated by the farmer or valid title holder in

accordance with regulation 3

Provided that a warning notice shall also be deemed to be

delivered if it is physically delivered to the farmer or valid title holder

by an authorised officer

Provided further that the procedure established in article

18 of the Act shall apply mutatis mutandis to the notification of a

warning notice

Provided further that alternatively the Director may opt

to issue a warning notice by judicial letter and service thereof shall be

effected according to law.

(2)

The warning notice according to sub-regulation (1) shall

establish the conditions required by the Director for the farmer or valid

title holder to be deemed in compliance with these regulations, and

said warning notice shall amongst others include

(a)

the date or periods when any default took place by

the farmer or valid title holder and the legal basis for such

default;

(b)

the facts motivating the issuing of the warning

notice;

(c)

the measures that the farmer or valid title holder

has to take in order to be deemed in compliance with these

regulations; and

(d)

if applicable, the time period within which the

said measures are to be implemented as the Director may deem

reasonable in the circumstances, which period shall only

commence to run from the date of service of the warning notice.

(3)

The Director shall order corrective action according to

regulation 12 against the person to whom the warning notice is

addressed if he does not implement the measures referred to in

paragraph (c) of sub-regulation (2) within the time period referred to in

paragraph (d) of the same sub-regulation.

The Director may exempt any person from the obligation

to register agricultural land according to these regulations if said

person proves to the satisfaction of the Director that he cannot register

such agricultural land or he cannot conduct on it the minimum level of

agricultural activity in accordance with regulation 6.

Whosoever feels aggrieved by a decision of the Director

in accordance with these regulations, may by application request a

review of that decision by the Administrative Review Tribunal in

accordance with article 5 of the Administrative Justice Act

Provided that said application shall be filed within

twenty (20) days from the service of the decision of the Director.

(1)

The Court of Magistrates as a Court of Criminal

Judicature shall be competent to hear and determine all offences

according to these regulations.

(2)

In any criminal proceedings before the Court of

Magistrates for an offence according to these regulations, the Director

or any officer, lawyer or legal procurator delegated by the Director

may, together with the Executive Police, produce evidence, examine

and cross-examine witnesses and make submissions as to fact and law.

(3)

The sworn statement of any officer, lawyer or legal

procurator to the effect that he has been delegated as provided in sub-

regulation (1) shall be conclusive evidence of the fact, should proof

thereof be required by the accused or the Court.

(1)

Any person shall be guilty of an offence according

to these regulations if he

(a)

fails to comply with any provision of these

regulations or any lawful order given by virtue of these

regulations;

(b)

intentionally obstructs or causes the obstruction of

any person acting in the proper exercise of his functions in

accordance with these regulations and, or fails to allow an

inspection authorised in accordance with these regulations;

(c)

without reasonable cause, fails to give to any

person acting in the exercise of his functions in accordance with

these regulations, any assistance or information which he may

be required to give in accordance with these regulations or any

other law, or gives false or misleading information;

(d)

conspires with, aids or abets any other person by

whatever means, including advertising, counselling or

procurement, to breach the provisions of these regulations or to

fail to comply with any such provisions, including any order

PROTECTION OF AGRICULTURAL LAND

lawfully given in terms of any of the provisions of these

regulations, or to breach any restriction, prohibition or

requirement imposed by, or in accordance with the said

regulations;

(e)

alters, forges, counterfeits or destroys any

document presented to, or issued by the Director in accordance

with these regulations.

(2)

It shall also be an offence under these regulations for any

authorised officer to disclose to any person any information on any

trade secret obtained by him in the course of his duties, unless the

disclosure is necessary for the performance of his duties and disclosure

is strictly limited to persons or authorities reasonably required to know

the information disclosed.

(3)

Any person who is found guilty of an offence against the

provisions of these regulations shall on conviction, be liable

(a)

on a first conviction to a fine (multa) of not less

than five hundred euro (€500) but not exceeding two thousand

five hundred euro (€2,500);

(b)

on a second conviction or subsequent conviction,

to a fine (multa) of not less than one thousand five hundred euro

(€1,500) but not exceeding eleven thousand euro (€11,000), or

to a fine (multa) calculated on the profit made by the offender

in breach of these regulations, whichever is the higher

Provided that when the fine (multa) is so

calculated, it may in no case exceed five (5) times the profit

made by the offender in breach of these regulations.