Chapter 74 – Porte Des Bombes Area (Preservation) Act
What is this act about?
This law is about preserving the area outside Porte des Bombes by declaring it a non-building area and preventing its commercial use. It allows any person to take legal action to enforce these rules.
Who it applies to: Any Government Administration that might attempt to convey parts of the area or real rights over it; Any person who might erect a building or structure in the specified area.
At a glance
- Country
- Malta
- Area of law
- Tax law
- Articles
- 6
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The preservation of the area outside Porte des Bombes.
- The declaration of this area as a non-building area and excluded from commerce.
- The nullity of any conveyance deeds or real rights over this area made by a Government Administration to a third party.
- The right of any person to sue for nullity of transfers or demolition of structures in this area.
Who does this act apply to?
- Any Government Administration that might attempt to convey parts of the area or real rights over it.
- Any person who might erect a building or structure in the specified area.
What are the key points?
- The "area outside Porte des Bombes" is the public space between Pieta Creek, Porte des Bombes, and the public gardens at Blata l-Bajda, Marsa, as shown on a specific plan.
- This area is declared a non-building area and excluded from commerce.
- Any person can sue for a declaration of nullity for transfers made against this Act, without needing to show private interest.
- Any person can sue for the demolition of any building or structure erected in the area, even if erected by the Government.
- A successful plaintiff in such actions will be awarded a sum not less than one hundred and sixteen euro and forty-seven cents (116.47) nor exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).
Tax law
Legal text
Legal text
PORTE DES BOMBES AREA (PRESERVATION)
CHAPTER 74
PORTE DES BOMBES AREA (PRESERVATION) ACT To provide for the preservation of the area outside Porte des Bombes. (5th July, 1933)* ACT XX of 1933, as amended by Acts XIII of 1983 and XXIV of 1995; and Legal Notice 408 of 2007.
Art. 1
The short title of this Act is the Porte des Bombes Area (Preservation) Act.
Art. 2
In this Act - "the area outside Porte des Bombes" † means the whole public Short title.
Definition of area.
Amended by:
XXIV.1995.360. space between Pieta Creek, Porte des Bombes and the public gardens at Blata l-Bajda, Marsa, shown in red on the plan which, after the introduction of this Act, was laid on the table of the Senate and of the Legislative Assembly and a copy whereof, signed by the Governor, the Chief Clerk of the Legislative Assembly is hereby ordered to attach to the fair copy of this Act which, in terms of article 52 of the Malta Constitution Letters Patent, 1921, he is required to cause to be enrolled on record in the Office of the Registrar of Courts.
Art. 3
The area outside Porte des Bombes is hereby declared to be a non-building area and excluded from commerce, and any deed of conveyance of any part of such area or of any real right over such area which any Government Administration may make in favour of any third party shall be null.
Area declared to be a non-building area and extra commercium.
Art. 4
Any person may sue for a declaration of nullity in respect of any grant made by the Government.
Amended by:
XXIV.1995.360.
Art. 5
It shall likewise be competent to any person, in the public interest, to bring an action for the demolition of any building or other structure erected by any person, or by the Government, on the area outside Porte des Bombes. *See Government Notice No. 218 of the 19th of June, 1933 and Act No. V of 1927 omitted under the Malta Statute Law Revision Ordinance, 1936, and the Statute Law Revision Act, 1980. †See the Porte des Bombes Area (Exemption) Act, (Chapter 119) exempting a specified site from the provisions of this Act.
Any person may sue for the demolition of any building erected on such area.
Reward to plaintiff in case of successful action.
Amended by:
XIII. 1983.5;
L.N. 408 of 2007.
PORTE DES BOMBES AREA (PRESERVATION)
Art. 6
In any action under articles 4 and 5 the court shall, in allowing the claim, order the defendant to pay to the plaintiff a sum not less than one hundred and sixteen euro and forty-seven cents (116.47) nor exceeding one thousand and one hundred and sixtyfour euro and sixty-nine cents (1,164.69):
Provided that such sum shall be awarded to that plaintiff only who shall first have brought with success the proper action under this Act.