Chapter 639 – Agriculture Act
What is this act about?
Din il-liġi hija dwar ir-regolamentazzjoni, il-protezzjoni, il-konservazzjoni u l-ġestjoni tal-agrikoltura f'Malta. Hija tistabbilixxi l-qafas legali għall-attivitajiet agrikoli u l-industrija agrikola.
Who it applies to: Kull min hu involut fl-agrikoltura, inklużi bdiewa, dawk li jrabbu l-bhejjem, u proċessuri; Kull persuna naturali jew legali, jew grupp ta' persuni, responsabbli għal azjenda agrikola u li jeżerċita attività agrikola.
At a glance
- Country
- Malta
- Area of law
- Other legislation
- Articles
- 19
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- Il-kultivazzjoni ta' uċuħ tar-raba' agrikoli u ortikulturali u t-trobbija tal-bhejjem.
- Il-produzzjoni, it-trobbija jew it-tkabbir ta' prodotti agrikoli, inklużi l-ħsad, il-ħlib, it-trobbija tal-annimali u ż-żamma tal-annimali għal skopijiet ta' biedja.
- Il-ġestjoni sostenibbli tal-art agrikola, il-bhejjem u l-prodotti.
- Il-ħruġ, il-varjazzjoni, is-sospensjoni u r-revoka ta' permessi u liċenzji għal attivitajiet agrikoli.
Who does this act apply to?
- Kull min hu involut fl-agrikoltura, inklużi bdiewa, dawk li jrabbu l-bhejjem, u proċessuri.
- Kull persuna naturali jew legali, jew grupp ta' persuni, responsabbli għal azjenda agrikola u li jeżerċita attività agrikola.
What are the key points?
- L-Att huwa amministrat mid-Direttur responsabbli għall-agrikoltura.
- Id-Direttur huwa responsabbli għall-iżvilupp u l-implimentazzjoni tal-Politika Nazzjonali tal-Agrikoltura.
- Il-Politika Nazzjonali tal-Agrikoltura tiġi riveduta mill-Ministru kull għaxar (10) snin.
- Uffiċjali awtorizzati jistgħu jidħlu f'azjendi agrikoli jew postijiet oħra biex jispezzjonaw u jinvestigaw reati, b'avviż ta' mill-inqas erbgħa u għoxrin (24) siegħa għal djar.
Other legislation
Legal text
Legal text
AGRICULTURE
CHAPTER 639
AGRICULTURE ACT AN ACT to provide for the regulation, protection, conservation and management of agriculture in Malta and matters incidental thereto.
1st January, 2024 ACT XXXIII of 2023.
Part I
Part II
Part III
Part IV
Part V
ARRANGEMENT OF ACT Preliminary Administration Policies, Plans and Regulations Enforcement Miscellaneous 1-2 4-7 8-15 16-19
PART I
Preliminary
Art. 1
The short title of this Act is the Agriculture Act.
Short title.
Art. 2
In this Act, unless the context otherwise requires:
Interpretation. "agriculture" means the cultivation of agricultural and horticultural crops and the rearing of livestock; "agricultural activity" means the production, rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes, or maintaining the land in good agricultural and environmental condition; "agricultural holding" means all the production units including those managed by a farmer, livestock breeder, or processor; "agricultural industry" or "agricultural sector" means the business of agricultural and horticultural crops, and of breeding livestock; "agricultural products" means the products listed in Annex I to the Treaty on the Functioning of the European Union, with the exception of fishery products, but including cotton; "authorisation" means an administrative act by which the Director may permit any activity pertinent to this Act, following the submission of an application; "authorised person" means a person duly authorised by AGRICULTURE the Director to carry out inspections and other functions with a view to the attainment of the objectives of this Act or any other regulations made thereunder; "competent Directorate; authority" means the Agriculture "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 this Act or any regulations made thereunder; "Directorate" means the Agriculture Directorate and includes the Director or any authorised body or person acting on the Directorate’s behalf in accordance with the powers delegated by the Directorate under this Act; "farmer" means a natural or legal person, or a group of natural or legal persons responsible for a holding and who exercises an agricultural activity; "fertile soil" means soil which, in the opinion of the Director, is suitable or could be made suitable for purposes of agriculture; "Malta" shall have the same meaning as that assigned to it by article 124 of the Constitution; "Minister" means the agriculture and rural affairs;
Minister responsible for "person" means a natural person, and includes any commercial partnership, firm, company, or other association of persons or any other legal entity; "producer organisations and producer groups" means an initiative of producers of particular products or of persons working in the agricultural industry, acting together to improve their position in the marketplace; "Tribunal" means the Administrative Review Tribunal established by article 5 of the Administrative Justice Act.
PART II
Administration Powers of the Director responsible for Agriculture.
Art. 3
AGRICULTURE (b) the taking of such measures as he may consider appropriate for the protection, conservation, sustainability of agricultural land, livestock and products; (c) the collection of data related to all aspects of the production and processing of agricultural products including but not limited to agricultural holding structure, location, accountancy, employment and agricultural and processing practices adopted for the preparation of policy, drawing up of statistics and maintenance of databases; (d) the monitoring, control and surveillance of agricultural activity and activities ancillary thereto; (e) the issue, variation, suspension and revocation of permits and licences for agricultural activities, and any equipment or machinery used in connection with agriculture and other activities for which permits or licences are required under this Act or any subsidiary legislation made thereunder; (f) providing regulatory fragmentation and consolidation; provisions for land (g) the collection of fees in respect of permits and licences as well as the collection of fees for licences issued for all other categories of permits and licences referred to in paragraph (e); (h) the setting up and administration of extension services to provide support to the agriculture sector; (i) any other matters administration under this Act. which shall require
PART III
Policies, Plans and Regulations
Art. 4
Without prejudice to the provisions of this Act, the sustainable management of the agriculture sector shall be regulated by plans, policies and regulations, which are prepared and amended, from time to time, in accordance with the provisions of this Act.
Plans, policies and regulations.
Art. 5
The National Agricultural Policy and its preparation and review.
AGRICULTURE
Provided that if the Directorate is unable, for whatever reason, to prepare the National Agricultural Policy or its review, the Director shall inform the Minister without delay and the Minister shall instruct the Directorate to delegate such function, and in so doing it shall ensure that the provisions of this Part are complied with.
Power to delegate.
Art. 6
The Minister may, by order in the Gazette, designate different bodies or persons as a competent authority for different provisions and different purposes of this Act or any regulations made thereunder.
Power to make regulations.
Art. 7
Provided that the Minister may by regulations repeal, add to, and vary any of the Schedules to this Act.
(s) the setting up of objectives, issuing directives and establishing recommended agricultural practices in relation to agriculture sectors; (t) the prescription in the form of any notice, order or other document authorised or required by this Act to be made, submitted, served or given; (u) the making of provisions regarding a contingency plan in the event of any crisis relating to any matter regulated by this Act; (v) administrative penalties and fines (multi), including out of court settlement arrangements; (w) the drafting of regulations related to the management of soil present in agricultural areas; (x) the recognition and protection of plant varieties and animal breeds, including sub-species that are considered to be both authochthonous and of agricultural importance; (y) the prescription of anything which may be or is required to be prescribed by this Act.
PART IV
Enforcement General powers of authorised officers.
Art. 8
AGRICULTURE (a) enter any agricultural holding, or any other premises, public or private, at all reasonable times, and in the case of a dwelling house after giving reasonable notice of at least twenty-four (24) hours, to inspect, detect and investigate any offence under this Act or any regulations made thereunder, which has been committed or likely to be committed; to collect evidence and without prejudice to the generality of the powers to examine under this Act, said person shall have the power to examine or enter any structure, enclosure, commercial premises such as retail outlets and warehouses, vehicle, station, documents, equipment, laboratory, farm, parcel or any item that is necessary to be examined in order for the Director or authorised person to execute the duties so as to achieve the objectives falling within the competence of this Act:
Provided that any authorised person entering any premises in accordance to paragraph (a) shall produce proof of his identity and authorisation to enter prior to or upon entering such premises:
Provided further that the twenty-four (24) hours notice to enter into a dwelling house shall not be applicable if the Director himself, but not any other official acting under his delegated authority, considers that there is reasonable suspicion, on the basis of substantiated grounds, that an offence under the Act or the regulations made thereunder has been committed or is about to be committed:
Provided further that in the event that the owner of a private property or any other premises cannot be identified, the officer may enter by means of force and without prior warning or consent of the owner of said private property, to execute his duties which fall under his competence so as to achieve the objectives of this Act and when in the discretion of the Director, there is serious jeopardy; (b) seize or seal off any agricultural produce or product in relation to which an infringement under this Act or any regulations made thereunder has been committed or likely to be committed; (c) seize, seal off, or render non-functional any equipment, products, gear, instruments and, or electronic appliances which they reasonably believe have been used in the commission of such offence or in respect of which they reasonably believe that such offence has been committed or that is the result of an infringement under this Act or any regulations made thereunder; (d) seize or take copies of any documents which they believe are relevant to any such offence in accordance with this AGRICULTURE Act or any regulations made thereunder; (e) inspect all records, licences, permits and notifications issued under this Act or required to be kept or preserved under this Act or any regulations made thereunder; (f) carry out inspections, monitor any activity, elevate samples, take photographs, film, video recording or electronic images in order to verify compliance, or in pursuance to any investigation of offences under this Act or any regulations made thereunder or any conditions subject to which a licence or permit is issued under this Act or any regulations made thereunder; (g) may request and shall be provided with any information held by departments or other public bodies responsible for agriculture and from any person who is involved, concerned or regulating the agriculture sector in any manner or having an interest therein be furnished with such information as such authorised person may reasonably require with respect to any matter regulated by this Act or any regulations made thereunder; and (h) generally ensure compliance with the provisions of this Act or any regulations made thereunder.
Seizure notice to be given to owner of seized goods.
Seized goods to be claimed within thirty days.
Provided that the Director cannot dispose of such things if, within thirty (30) days from the date of seizure, the person from whom such seizure has been made, or the owner of such things seized, or some person authorised by him, gives notice in writing to the Director that he claims the things so seized or that he intends to claim them and if within thirty (30) days from the date upon which such notice was AGRICULTURE given, proceedings are instituted by the claimant in the competent civil court:
Provided further that if proceedings are not instituted within thirty (30) days from date of notice, the claim shall be deemed to be abandoned and the Director can dispose of such things.
Perishable goods, etc., may be sold.
Provided that when the thing of a perishable nature is sold, and court proceedings are instituted, the Director shall deposit the proceeds of the sale in court pending an order by the court in respect of the seizure or otherwise of the proceeds, to the person from whom the things were seized in accordance with this Act.(6)When a seizure made in accordance with this article is contested in accordance with sub-article (4), the Director may, at any time, if he deems fit and notwithstanding the pendency of the proceedings wherein the seizure is contested, deliver anything seized to any claimant upon the payment by the said claimant to the Director of a sum representative of the value of the thing as the Director deems proper, or upon the claimant giving to the Director such sufficient guarantee for the eventual payment of such sum, which guarantee is to have the same value as the thing as the Director deems fit. Such sum or such guarantee, as the case may be, shall be retained to honour the outcome of any claim that may be legally made in respect thereof and shall, for the purpose of any proceedings in accordance with this Act in respect of the seized goods, represent and substitute the said seized goods.
Provided that any expenses related to the confiscation, AGRICULTURE impounding, seizure and, or disposal of any agricultural produce, animals and, or any equipment shall be fully borne by the offender.
Offences and punishments.
Art. 9
Any person who: (a) assaults, hinders, obstructs, molests or interferes or attempts to assault, hinder, obstruct, molest or interfere, resist or wilfully obstructs any authorised official or other appointed person or any officer of the Executive Police, community officer, or public officer, employee or worker of any department of Government or of any Government agency in the execution of duties in accordance with this Act or regulations made thereunder; (b) refuses or fails to comply with any order or direction lawfully made or given under this Act and, or any regulations made thereunder; (c) without reasonable cause fails to: (i) provide the requested information to an authorised official; or (ii) produce anything required to be produced in accordance with this Act and, or any regulations made thereunder; (d) fails to allow a search or inspection in accordance with this Act and, or any regulations made thereunder; (e) prevents or attempts to prevent another person from complying with any orders or directions or from answering any questions, or producing anything or allowing a search or inspection; or (f) for the purposes of obtaining any licence or permit, or for the purported compliance with any requirement to provide any information under this Act and, or any regulations made thereunder, provides information which he knows to be false in a material fact or recklessly provides information which is false in a material fact, shall be guilty of an offence and liable, on conviction, to a fine (multa) of not less than four hundred and sixty-six euro (€466) but not exceeding six thousand euro (€6,000).
Responsibility for any loss or damage suffered.
Art. 10
Art. 11
Any person who contravenes any provision of this Act or any regulations made thereunder for which no fine (multa) is specifically provided, shall be liable to a fine (multa) of not less than fifty euro (€50) but not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87).
Fines (multi).
Art. 12
Enforcement notice by the Director.
An enforcement notice served in terms of sub-article (1) (a) require the infringing party upon whom it is served, to carry out such works or to take such steps as the Director may establish in order to remedy, or to prevent the continuation or repetition of any contravention for which the enforcement notice was served; and (b) state the period within requirement is to be complied with. which any such
Art. 13
AGRICULTURE enforcement notice could not be issued as the infringement cannot be remedied, he may order that person to be notified in writing in accordance with sub-article (2).
Art. 14
Where an infringement is committed by an association or body of persons, any person who, at the time of the commission of the infringement, was a director, manager, secretary or other similar officer of such association or body of persons, or was purporting to act in any such capacity, shall be guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.
Infringement by a body of persons.
Art. 15
Administrative Review Tribunal.
PART V
Miscellaneous Decisions to be taken without delay.
Art. 16
delay.
Review of activities.
Art. 17
The Directorate may also undertake a review of any such activities carried out before the coming into force of this Act, or any other Act preceding this Act, not in compliance with the rules, the regulations, the plans, the policies or authorisations in force at the time the activity took place, and in respect of any such an activity the Directorate shall have such powers as it has in respect of an activity carried out after the coming into force of this Act in order to ensure that the rules, the regulations, the plans and the policies aforesaid are complied with or to regularise any such an activity to the extent that the Directorate deems adequate in the circumstances.
Notification of documents.
Art. 18
Art. 19
Provided that in the case of any such licence, permission, authority, order, notice or certificate issued as operative for a specific period, such licence, permission, authority, order, notice or certificate shall remain operative for such a period from the date such licence, permission, authority, order, notice or certificate was issued.