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Legislation & Legal Notices
The following is a list of laws and legal notices
that affect the operations of the Government Property Department.
The full text of the legislation may be accessed by double-clicking
the related link.
1.
Administration of Lands Act (Chapter 448)
Vests Government with absolute ownership of all immovable property
belonging to Foundations and hitherto held by Government only under
administrative capacity only. This Act also amends the Land Acquisition
(Public Purposes) Ordinance making it possible for Government to
obtain immediate ownership of expropriated property via a President’s
Declaration.
2.
Agricultural Leases (Reletting) Act (Chapter 199)
Regulates the reletting of agricultural land and provides for matters
connected therewith and ancillary thereto. Section 21 of the Act
empowers the Commissioner of Land (GPD) to terminate an agricultural
lease on the basis of a President’s Declaration that the land
is required for a public purpose.
3.
Commissioner of Land Ordinance (Chapter 169)
This Ordinance establishes the post of Commissioner of Land and
vests in such statutory position representation for all matters
related to government immovable property. Clause 2 of the act enables
the Chairman of the Malta Development Corporation to be vested with
the rights and powers in relation to certain immovable property
that are otherwise vested in the Commissioner of Land.
4.
Cultural Heritage Act (Chapter 445)
Makes provision in place of the Antiquities (Protection) Act, for
the superintendence, conservation and management of cultural heritage
in Malta. Section 48 of the Act makes provisions for the granting
of a guardianship deed to a local council or non-government organization
for the purpose of custody and administration of immovable cultural
property.
5.
Development Planning Act (Chapter 356)
Makes provision for the planning and management of development,
for the establishment of the Malta Environment & Planning Authority.
Under the provisions of Section 38(2) of this act GPD may not dispose
of land, or promise the disposal of land, for a specified use unless
such use has been approved by the Authority or is allowed under
a development plan or a subsidiary plan.
6.
Development Notification Order (DNO) 2001 - LN126-2001
This order grants Development Permission to certain property development
works that otherwise would have required a Development Application
with the Malta Environment & Planning Authority. The permission
granted is however subjected to certain parameters and to the need
to notify MEPA of such development. See also DNEO 2001.
7.
Development Notification (Exemptions) Order (DNEO) 2001 - LN127-2001
This Order exempts certain property development works from the requirements
of the DNO 2001.
8.
Disposal of Government Land Act (Chapter268)
Regulates the grant on any title of immovable property belonging
to or administered by the Government, and provides for matters ancillary
thereto or connected therewith.
9.
Ecclesiastical Entities (Properties) Act (Chapter 358)
Provides for the implementation of the Agreement signed on the 28th
day of November, 1991, between the Holy See and Malta relative to
the transfer to the State of such immovable property in Malta as
is not required by the Catholic Church for pastoral purposes and
for the determination of certain issues pertaining to the relations
between the Church and the State as regards matters of patrimony.
This Act also provides for the establishment of the Joint Office
to administer the properties transferred t the State.
10.
Enemalta Act (Chapter 272)
Provides for the establishment of the Enemalta Corporation (EC).
Section 25 provides for the transfer to the EC of the ownership
of certain immovable property previously belonging to and operated
by the Government for the supply of petroleum.
11.
Enemy Property Act (Chapter 179)
Makes provision as respects income from moneys invested by the Custodian
of enemy property. Article 7 of the act makes provision for the
registration under the Land Registration Act, with effect from 1/1/2003
and in favour of the Government, of certain immovable property as
listed in the schedule to the act.
12.
Housing Authority Act (Chapter 261)
Provides for the establishment of the Housing Authority (HA) and
for the exercise by or on behalf of the HA of functions relating
to housing, residential and commercial accommodation and related
facilities and amenities. Section 4(3)(b) provides that in the administration
of its immovable property, other than the allocation thereof under
any title, the Authority shall act through the agency of the Land
Department in respect of immovable property situated in the Island
of Malta. Section 12 provides for the transfer of Government immovable
property to the HA via an order by the President of Malta published
in the government gazette.
13.
Housing Authority (Transfer of Assets) Order (Subsidiary Legislation
261)
This is a subsidiary legislation that is issued at the end of each
year for the purposes of consolidating the various Legal Notices
issued during that particular year for the purpose of transferring
Government-owned immovable property to the Housing Authority so
that the Authority may subsequently sell such property under its
Home Ownership Schemes. These orders have been issued annually since
1978 and may be viewed by clicking the following links:
2002,
2001,
2000,
1999,
1998,
1997,
1996,
1995,
1994,
1993,
1992,
1991,
1990,
1989,
1988,
1987,
1986,
1985,
1984,
1983,
1982,
1981,
1980,
1979,
1978.
14.
Housing (Decontrol) Ordinance (Chapter 158)
Provides for the decontrol and registration of certain dwelling
houses, and for matters connected therewith. Section 11(2) particularly
relevant to GPD in that it provides the lessor of a non-decontrolled
dwelling-house with the right to free himself from the obligation
to carry out repairs in the said house by means of an outright sale
of the house in favour of the Government.
15.
Land Acquisition (Public Purposes) Ordinance (Chapter 88)
Provides for the compulsory acquisition of private property that
may be required for a public purpose.
16.
Land (Compulsory Eviction) Act (Chapter 228)
Makes provision for the compulsory eviction from land and tenements
owned or administered by Government or held by Government under
any other title.
17.
Land Registration Act (Chapter 296)
Establishes a Land Registry to regulate the registration of title
to land, and to make provision for matters incidental thereto or
connected therewith. This act is particularly relevant to the GPD
in that the first mover of a registration under the act obtains
a comparative advantage in relation to other contenders for the
same property, including the GPD. This means that GPD must check
each application made with the Land registry for property registration
to enable it to raise the statutory cautions where it appears that
government-owned immovable property is being usurped. Section 16A
of the act is also relevant to GPD in that it provides for the registration
of property with unknown owners and for the administration of such
property by the Commissioner of Land. This clause also provides
for the registration of such property with guaranteed title in favour
of Government following the lapse of 30 years but subject to certain
conditions.
18.
Lotteries and Other Games Act (Chapter 438)
Makes provision for the setting up of a Lotteries and Gaming Authority
(LGA). Part XI of this act provides for the transfer to the LGA
of the ownership of certain immovable property previously belonging
to the Government.
19.
Malta Communications Authority (Chapter 418)
Provides for the establishment of the Malta Communications Authority
(MCA). Part V of this act provides for the transfer to the MCA of
the ownership of certain immovable property previously belonging
to the Government.
20.
Malta Council for Culture and the Arts (Chapter 444)
Provides for the establishment of a Council to be known as the Malta
Council for Culture and the Arts (MCCA) to encourage and promote
culture. Part V of this act provides for the transfer to the MCCA
of the ownership of certain immovable property previously belonging
to the Government.
21.
Malta Dockyard Act (Chapter 207)
Provides for the transfer of the shares in Bailey (Malta) Limited
to the Government of Malta; makes provision for the establishment
of the Malta Drydocks Corporation (MDDC) and provides for the transfer
of certain assets to that corporation. Section 17(1) of the act
provides for the transfer to MDDC of certain interests included
the lease of various properties including the dockyard lease, the
Ricasoli grant and other government-owned properties.
22.
Malta Dockyard Emergency Ordinance (Chapter 157)
Makes provisions for the transfer by way of lease expiring on the
29th day of March, 2058, of certain lands and other assets comprising
part of the Admiralty Dockyard in Malta, for matters arising out
of the said transfer, and for the reversion of the land so transferred
to the Government of Malta on the 30th day of March, 2058.
23.
Malta Freeports Act (Chapter 334)
Provides for the establishment of the Malta Freeport Authority (MFA)
and also for the establishment of freeport areas. Part II of the
Act provides for the transfer to the MFA of the ownership of immovable
property within freeport areas and that previously belonged to the
Government.
24.
Malta Maritime Authority Act (Chapter 352)
Provides for the establishment of the Malta Maritime Authority (MMA).
Part III of this act (i.e. Sections 21 to 23) provides for the transfer
to the MMA of the ownership of certain immovable property previously
belonging to the Government. Section 21 (2) limits the transfer
of such immovable assets as wharves, quays, piers and jetties to
matters relating to their use, administration and operation including
any benefit deriving from such use, administration and operation.
25.
Malta Statistics Authority Act (Chapter 422)
Provides for the establishment of the Malta Statistics Authority
(MSA). Part V of this act provides for the transfer to the MSA of
the ownership of certain immovable property previously belonging
to the Government.
26.
Malta Transport Authority Act (Chapter 332)
Provides for the establishment of the Malta Transport Authority
(MTA). In terms of Section 4(1)b, one of the functions of the MTA,
is to administer roads – which in terms of the act includes
not just the carriageway but also any border, public open space,
roundabouts, subways, trenches etc. This includes functions that
hitherto fell under the responsibility of the GPD such as the fixing
of bill boards on pavements and road sides.
27.
Manoel Island (Special Provision) Act (Chapter 259)
Provided for the dissolution in 1976 of the emphyteusis of parts
of Manoel Island granted to the Manoel Island and Malta Marina Company
Limited and also for matters connected therewith or ancillary thereto.
It is by virtue of this act that the GPD could undertake subsequent
disposals of properties situated in Manoel Island.
28.
Monte di Pieta’ Act (Chapter269)
Amongst other matters, vests in the Government the absolute ownership
of the immovable property of the institutions known as Monte di
Pietà and Monte di Redenzione.
29.
Mortmain Act (Chapter 201)
Section 5 makes provision for the forfeiture in favour of Government
of property acquired by any Church or religious institution but
that has not been absolutely sold or disposed of within the prescribed
periods set out in the Act.
30.
Post Office Act (Chapter 254)
Provides for matters relating to the Post Office and to the postal
services. Section 5(C)4 particularly relevant to the Government
Property Division by making provisions that allow the Commissioner
of Land to by-pass the provisions of the Disposal of Government
Land Act in granting property titles to specified holders of a licence
to carry out postal services.
31.
Ratification of Treaties (St. Angelo) Act (Chapter 429)
An Act authorising the Government to ratify the agreement between
the Government of Malta and the Government of the Sovereign Hospitalier
Order of Saint John of Jerusalem, of Rhodes and of Malta done in
Malta on the fifth December, 1998, and for matters consequent and
ancillary thereto. Clause 4 of the act grants the Order the right
of use of Fort Saint Angelo in Vittoriosa.
32.
Reversion of Certain Lands Act (Chapter 432)
Provides for the direct restitution to original owners of land expropriated
under the Building Development Areas Act (now repealed).
33.
Sports Act 2002
Provides for the establishment of the Kunsill Malti ghall-Isport
(Malta Sports Council) to exercise the functions relating to sport
previously vested in the Department of Youth & Sports, to provide
for the registration of sport organizations, and to establish dispute
resolution structures. Clause 16 to 18 of the act make provision
for the transfer to the Kunsill Malti ghall-Isport of certain rights
and liabilities over designated government immovable property.
34.
Trading Licences Act (Chapter 441)
Provides for the regulation of commercial activities and for matters
ancillary to or connected with such activities. Part VI of the act
makes provision for a number of street activities that require a
permit from Local Councils and may therefore preclude the requirement
of a GPD permit.
35.
Transfer of Rights and Liabilities of the Commissioner of Land Order
(Subsidiary Legislation 169)
This is a subsidiary legislation that consolidates the Legal Notices
issued up to 2002 whereby the Malta Development Corporation is,
in relation to the immovable property indicated in the order, vested
with the powers of the Commissioner of Land in terms of Article
2 of the Commissioner of Land Ordinance.
36.
United Kingdom Lands (Vesting) Act (Chapter 193)
Makes provision for the vesting in or reversion to the Government
of Malta of certain properties and rights which on the 20th September,
1964 were vested in or belonged or pertained to or were held or
were exercisable by certain departments or authorities of the Government
of the United Kingdom or an authorized service organization.
37.
Water Services Corporation Act (Chapter 355)
Provides for the establishment of the Water Services Corporation
(WSC). Part III of this act (i.e. Sections 32 to 35) provides for
the transfer to the WSC of the ownership of certain immovable property
previously belonging to the Government.
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