[ S.L. 573.06 GOVERNMENT-OWNED AGRICULTURAL LAND 1 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. 1. The title of these regulations is the Government-Owned Agricultural Land Regulations. Title. Amended by: L.N. 317 of 2022. 2. requires: Interpretation. Amended by: L.N. 317 of 2022; L.N. 240 of 2024; L.N. 54 of 2026. In these regulations unless the context otherwise "Agricultural Advisory Committee" Committee established under regulation 15; means the "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; Cap. 33. "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; Cap. 563. 2 [ S.L. 573.06 Cap. 563. 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. Exclusion of the application of these regulations. Amended by: L.N. 317 of 2022; L.N. 54 of 2026. 3. 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 (40m2): Provided that the Authority may apply a ten percent (10%) flexibility extension over the forty square metres (40m2): Provided further that the Authority may consider GOVERNMENT-OWNED AGRICULTURAL LAND [ S.L. 573.06 3 applications where on the agricultural land there is already a building with a roofed floor space totalling more than forty square metres (40m2), 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. 4. 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: General Provisions. Amended by: L.N. 317 of 2022. 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. Revocation and modification. 5.
(1)Whenever agricultural land and, or a building Land returned to the Authority. 4 [ S.L. 573.06 GOVERNMENT-OWNED AGRICULTURAL LAND 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. Consent of, and approval by, the Board of Governors of the Authority. Amended by: L.N. 317 of 2022; L.N. 54 of 2026. 6.
(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 GOVERNMENT-OWNED AGRICULTURAL LAND [ S.L. 573.06 5 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
- 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. Transfer of agricultural land.
- 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. Transfer of agricultural land that includes a building or a reservoir or well. 9.
(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: Death of lessee. Amended by: L.N. 317 of 2022. Substituted by: L.N. 54 of 2026. 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; 6 [ S.L. 573.06 GOVERNMENT-OWNED AGRICULTURAL LAND (
- 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. Agricultural land and buildings held in solidum. Amended by: L.N. 317 of 2022. 10.
(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 GOVERNMENT-OWNED AGRICULTURAL LAND [ S.L. 573.06 7 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. Cap. 573.
(2)The limitations imposed in sub-regulation
(1)shall not apply if the agricultural land or part thereof is returned to the Authority. 11.
(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 (1,124m2) 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 Division of agricultural land or of buildings thereon. Substituted by: L.N. 317 of 2022. Amended by: L.N. 240 of 2024. 8 [ S.L. 573.06 GOVERNMENT-OWNED AGRICULTURAL LAND 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. Cap. 573.
(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. Students.
- 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. Land required for the discharge of fireworks in relation to the feasts. Added by: L.N. 240 of 2024. Amended by: L.N. 54 of
- 12A.
(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 GOVERNMENT-OWNED AGRICULTURAL LAND [ S.L. 573.06 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. Cap. 33.
(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. Cap. 33.
(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. 13. 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. Reservations. 14. The Authority is empowered to proceed with an action before the First Hall of the Civil Court if it considers that: The Authority’s right to proceed before the Court. (
- a)the agricultural land is being used for purposes 9 10 [ S.L. 573.06 GOVERNMENT-OWNED AGRICULTURAL LAND 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. Setting up of an Agricultural Advisory Committee. 15.
(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. GOVERNMENT-OWNED AGRICULTURAL LAND [ S.L. 573.06 11
(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. 16. 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. Expenses. 17. 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: Consent to submit a Development Permit. Cap. 552. Substituted by: L.N. 317 of 2022. 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. Cap. 573. 18. 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: Disposal of agricultural land subject to valid quarried licenses. Added by: L.N. 317 of 2022. 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: 12 [ S.L. 573.06 GOVERNMENT-OWNED AGRICULTURAL LAND 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. Transitory provisions. Cap. 573. Added by: L.N. 317 of 2022. Cap. 573. 19. 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.