Chapter 448 – Administration of Lands Act
What is this act about?
This law provides for the administration of lands, specifically dealing with lands that belonged to foundations and administrations and were managed by the Government. It outlines how these lands are transferred to the Government and how they will be managed.
Who it applies to: Foundations and administrations whose lands were managed by the Government; Individuals claiming a right to compensation for lands vested in the Government.
At a glance
- Country
- Malta
- Area of law
- Environment and agriculture
- Articles
- 6
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The vesting of certain lands in the Government.
- The administration and disposal of these vested lands by the Government.
- The transfer of liabilities connected to these lands to the Government.
- The process for individuals to claim compensation for vested lands.
Who does this act apply to?
- Foundations and administrations whose lands were managed by the Government.
- Individuals claiming a right to compensation for lands vested in the Government.
What are the key points?
- All lands belonging to foundations and administrations, administered by the Government separately from other Government land, shall vest in the Government.
- The Government will administer and may dispose of these vested lands in the same manner as its other absolute property.
- All liabilities connected with the administration of these lands become liabilities of the Government, charged on the Consolidated Fund.
- Existing emphyteusis or leases on such land are not affected and are deemed granted by the Government.
- Any burthens or charges on these lands cease to exist, and any payments due become payable by the Government, charged on the Consolidated Fund.
- Persons claiming compensation for vested land have a right to access the Civil Court, First Hall, by sworn application, for determination of their interest and compensation amount.
- An appeal from the Civil Court, First Hall, decision can be made to the Court of Appeal.
- No action for compensation can be filed after six months from the coming into force of this Act.
Environment and agriculture
Legal text
Legal text
ADMINISTRATION OF LANDS
CHAPTER 448
ADMINISTRATION OF LANDS ACT* To provide for the administration of lands.
5th March, 2003 ACT XI of 2002, as amended by Legal Notices 181 and 186 of 2006.
Art. 1
Act.
The short title of this Act is the Administration of Lands Short title.
Art. 2
For the purpose of this Act unless the context otherwise requires the term ''land'' includes all immovable things as well as all real rights over immovables.
Interpretation.
Art. 3
Subject to the other provisions of this Act, with effect from the coming into force of this Act, all lands belonging to foundations and administrations, administered by the Government s e p a r a t e from the administration of other land belonging to the Government shall vest in the Government and the Government shall deal with and administer the land so vested in it in virtue of this Act in the same m anner as o ther land belonging t o the Government in absolute property and may dispose of such land a c c o r d i n g l y a n d w i t h e ff e c t f r o m s u c h c o m m e n c e m e n t a l l liabilities of or due in connection with such administration shall become liabilities of or due to the Government by virtue of this Act and any payment so d u e t o b e m a d e b y t h e G o v e r n m e n t s h a l l b e a c h a r g e o n t h e Consolidated Fund without further appropriation other than this Act.
Vesting of land.
Art. 4
Without prejudice to any consolidation of the directum dominium with the utile dominium happening on the vesting of the land as provided in article 3, the provisions of that article shall not affect any emphyteusis or lease granted in respect of such land or any easement to which such land may be subject, and any such emphyteusis or lease shall for all purposes, be deemed to have been granted by the Government and be treated accordingly.
Effect on emphyteusis, etc.
Art. 5
With effect from the commencement of this Act, any burthen or charge to which any of the land referred in article 3 may, before the commencement of this Act, be subject to, and any other payment or performance that may, before the date aforesaid, be due in respect of any such assets, shall by virtue of this Act, cease to be such a burthen or charge on, or a payment or performance due in respect of any such land and any sum or other thing or act which but for the provisions of this article would have been due to be paid immediately before the commencement of this Act, shall as from s u c h c o m m e n c e m e n t , b e d u e t o b e p a i d o r m a d e b y t h e Government, a nd a ny p ayment so due s hall b e a c h a rg e o n t h e Consolidated Fund without any further appropriation other than this Act.
Obligations tied to land vested in Government. *Repealed by Act XVII of 2017.
Claims.
Amended by:
L.N. 181 of 2006;
L.N. 186 of 2006.
ADMINISTRATION OF LANDS