MT
Fourth Schedule * — CIVIL CODE
Fourth Schedule * · CIVIL CODE
Title I
PRELIMINARY
DEFINITIONS, PRESERVATION OF PRIVATE RIGHTS
1. In this Schedule
"administrative permit" includes licences, permits, concessions,
authorisations or encroachments, grants which are made under
tolerance or other precarious title and any other licence which may
* see also transitory provisions reproduced immediately after this Schedule.
be issued by the Government in terms of regulations which may be
made from time to time, and different departments or entities
within the term "Government" shall be treated as distinct persons;
"the Code" shall mean the provisions of the Civil Code apart
from this Schedule;
"designated date" shall be the date of the coming into force of
this Schedule;
"Government" shall include all departments and agencies of
Government, all local councils, all statutory authorities and
corporations and all organisations controlled by the Government;
"land", for the purposes of this Schedule, shall include the
seabed and the sub-soil;
"private rights" are those titles or rights which arise under any
law or agreement and which, if subject to registration or
preservation according to applicable law, are so registered or
preserved in the manner and within the time required by applicable
law;
"relevant date" means the 1st July, 2016;
"relevant registry" means the Public Registry or the Land
Registry or any successor registry;
"special law" means Acts of Parliament or regulations and other
Acts constituting law other than the provisions of the Code which
deal with particular matters relevant to any provisions of this
Schedule.
2. (1) Land in the public domain which is subject to private
rights, in virtue of laws enacted or agreements validly entered into
prior to the relevant date shall continue to be subject to the terms
and conditions of such laws or agreements until such land is, if
ever, acquired by the Government free from such private rights.
(2)Nothing in this Schedule shall affect private rights over land
in the public domain except and only to the extent that
(a) when the land was acquired from the Government or
otherwise, it was subject to express reservations; or
(b) the land is subject to reasonably implied restrictions
on use or enjoyment attributable to its specific public
domain nature and to its designation under any plan,
policy or schedule issued under any law from time to time
regulating development planning
Provided that for the avoidance of doubt, private rights
shall continue to be fully enjoyed and shall only be
subject to reasonable limitations which arise from the
public domain nature of the particular land, keeping in
view its particular characteristics, uses and functions
and the public utility it provides; or
(c) by virtue of the owner’s consent, until withdrawn, the
land has been made available for public utility; or
(d) the law, as it stood prior to the relevant date, so
provides; or
(e) the land was granted by the Government on mere
encroachment terms and such concession has lapsed or is
withdrawn.
(3)Private rights granted by the Government by means of any
written instrument prior to the relevant date shall be governed by
the terms of such instrument and applicable law and any limitations
on the capacity of the Government to make such grant due to the
public domain nature of the subject matter shall not affect the
validity of such instrument.
(4)Subject to sub-article (3), nothing in this Schedule shall
operate so as to
(a) grant or recognise private rights or entitlements over
land in the public domain to any person who, as of the
relevant date, does not have valid and enforceable
title, possession or other rights to land in the public
domain;
(b) impinge on the Government’s right to pursue any or all
legal remedies and, or to exercise any or all of its
powers under current law in relation to any person
claiming any right to land in the public domain where
such claim is not recognised as valid by the
Government;
(c) affect the operation of articles 2114 and 2115(2) of the
Code relating to the non-applicability of the provisions
on prescription against things which are extra
commercium or with regard to rights or actions of the
Government.
(5)Privately owned land shall be presumed not to be in the public
domain unless it is property of the type referred to in article 4(1) or
is the subject of a Public Domain Resolution as defined in article
4(2) of this Schedule.
(6)If the continuing exercise of private rights, as are preserved
by this article, materially endangers land in the public domain as
aforesaid or where the exercise of such rights is in material conflict
with the principles established in this Schedule in so far as the use
of such land and its future preservation are concerned, apart from
enforcing any agreement or applicable law in that regard, it shall be
lawful for the Government to request amendment to any grant,
concession or other agreement with the holder of such rights to
ensure the respect of the provisions of this Schedule.
Notwithstanding the terms of any agreement, the court shall have
the power to issue orders, as appropriate, on the use and future
preservation of the property in question for the duration of the
agreement.
Title II
OF THINGS BELONGING TO THE GOVERNMENT
PUBLIC PROPERTY AND PUBLIC DOMAIN
CIVIL CODE
3. (1) Things belonging to the Government shall be presumed
to be public property.
(2)Things in the public domain shall be presumed to belong to
the Government unless they are privately owned.
(3)Things shall be considered to be in the public domain, if
(a) they are of the type referred to in article 4(1) of this
Schedule; or
(b) after the relevant date, they are the subject of a
declaration, made in terms of article 4(2) of this
Schedule, and, where possible, are registered in
accordance with applicable law.
(4)The things, and their fruits and accessories, belonging to the
Government which may be the subject of a declaration that they
form part of the public domain are the following
(a) waterways, aqueducts, lakes, natural springs and
valleys;
(b) harbours, ports or parts thereof;
(c) public roads, public squares, all streets, alleys and
lanes and access routes, by whatever name called, to
other public places, including those leading to the
coastal perimeter or areas declared to be in the public
domain in accordance with this Schedule;
(d) woods, parks and other areas of ecological or
environmental importance;
(e) sites of cultural, social or historical importance
including bastions, fortifications and other similar
structures;
(f)
areas which serve the national security, such as
airports;
(g) the open countryside, including any cliff which does
not constitute part of the coastal perimeter;
(h) res sacrae, res sanctae and res religiosae;
(i)
movable things having cultural, social, archaeological,
artistic, ecological, environmental or historical
importance, including collections of museums, art
galleries, archives and libraries; and
(j)
generally things belonging to the Government which
serve direct and immediate public and collective utility
or which should be preserved for future generations
because of their public nature, common social,
historical or cultural nature, environmental importance
or natural or strategic importance.
(5)Any such declaration shall be subject to any private rights
which may exist over such property.
(6)The property of the type referred to in paragraphs (a), (d), (e)
and (g) which is privately owned may also be the subject of a
declaration that they form part of the public domain.
Title III
OF PUBLIC DOMAIN
4. (1) The following things, and their fruits and accessories,
shall be considered as property in the public domain by virtue of
this Schedule and without the need of any further declaration,
registration or other formality
(a) the coastal perimeter;
(b) internal waters such as bays, coves and other areas
which lie between the coastal perimeter and the
baselines from which the territorial waters are
measured and the relative seabed and subsoil and the
overlying water-column and its airspace provided they
are not harbours or ports; and
(c) the seabed and subsoil underlying the territorial seas
beyond the baselines from which the territorial waters
are measured and the relative seabed and subsoil and
the overlying water-column and its airspace.
(2)(i) The Executive Council as established under the Development
Planning Act of 2016 shall prepare a report on an annual basis which
will indicate those sites that have been proposed by the Minister
responsible for Lands, Members of Parliament or NGOs that it would
deem appropriate to be declared as public domain in conformity with
article 3 of sub-title 2 of this Act
Provided that prior to the completion of the report the
Executive Council shall carry out a public consultation
process.
(ii) The report shall thereafter be presented to the Minister
responsible for Lands, who in turn shall lay such
report on the Table of the House of Representatives by
the 15th September of every year.
(iii) The Minister shall cause the report to be laid on the
Table of the House of Representatives as soon as
possible but not later than one month from receipt.
(iv) The Speaker of the House shall refer the report to the
Standing Committee on the Environment, Climate
Change and Development Planning for its
consideration and comments.
(v) The report of the Standing Committee shall than be
forwarded to the Minister responsible for Lands who
shall present to the House of Representatives, for its
consideration, a Public Domain Resolution regarding
those sites which would have been so recommended by
the Standing Committee on the Environment, Climate
Change and Development Planning.
(3)Every Public Domain Resolution shall, as a minimum
(a) identify the property, its fruits and accessories;
(b) identify any Government powers or third party titles or
rights which shall continue to be enjoyed over the
thing, and the manner in which they are to be exercised
or enjoyed, notwithstanding the declaration;
(c) identify special laws or provisions thereof, if any,
which restrict the public access or enjoyment of such
property in accordance with this Schedule and which
shall continue to apply to such property
notwithstanding the declaration; and
(d) where applicable, be accompanied by a plan or general
map, based on the official map of the Land Registry,
identifying the property and the accessories which are
affected by such declaration.
(4)All Public Domain Resolutions shall be registered in the
relevant registry by the Minister responsible for Lands within two
months from their approval by the House of Representatives.
(5)Saving private rights and any concessions which may validly
exist, things in the public domain belonging to the Government
s h a l l b e e x t r a c o m m e rc i u m u n l e s s t h e y a r e d e c l a s s i f i e d i n
accordance with the provisions of Title VI of this Schedule, in
which case they shall no longer be treated as extra commercium but
only to the extent and for the purposes mentioned in the relevant
Declassification Resolution
Provided that things which have been declared to be in the public
domain by a Public Domain Resolution which are privately owned
shall not be considered as being extra commercium and they may
continue to be subject to transactions in accordance with the Code
or any other applicable law even if not declassified.
(6)Things in the public domain belonging to the Government
which have been declassified as provided for in this Schedule may
be subject to concessions or private rights in accordance with this
Schedule.
(7)The acquisition of any right by any private interest over any
thing in the public domain belonging to the Government which is
not declassified, other than by concession under article 7 of this
Schedule, shall be ipso jure null and void.
(8)Things in the public domain shall be subject to public domain
obligations, even when declassified, and no acquirer may plead
good faith so as to acquire free from such obligations.
(9)Actions and remedies enjoyed by the general public shall only
be those provided under public law.
(10)The principal obligation, which burdens an owner of a thing
in the public domain, whether owned by the Government or by a
voluntary organisation or by a private interest, is to preserve its
substance with regard both to matter and to form.
(11)Without prejudice to any private rights thereon, or as
otherwise expressly stated in any Declassification Resolution,
things in the public domain belonging to the Government are also
subject to a burden being the utility derived by the general public
and which is enjoyed by every person on mere sufferance. Public
utility includes collective rights such as public access, use, public
enjoyment of the fruits and accessories, accom modation to
necessities of trade, transit and communication or recreation and
any other use and subject to such restrictions as may be prescribed
by regulations made from time to time requiring a thing in the
public domain to be subject to such burden.
(12)Without prejudice to any private rights thereon, or as
otherwise expressly stated in any Declassification Resolution,
nothing in the preceding sub-articles shall imply that any person
may, in or over land in the public domain
(a) drive or ride any vehicle except over paths which
prevent damage to such property;
(b) light any fire or do any act which is likely to cause a
fire;
(c) wilfully damage anything thereon or therein;
(d) wilfully injure, remove or destroy any plant, shrub,
tree or root or any part thereof;
(e) affix or write any advertisement, bill, placard or
notice;
(f)
deposit any rubbish or leave any litter;
(g) engage in riotous, disorderly or indecent conduct; or
(h) wilfully disturb, annoy or obstruct any person engaged
in any lawful activity.
(13)Unless it is contrary to law or the declared or apparent
destination of the thing in the public domain prohibits it, or it is
otherwise prohibited by the Government in accordance with law,
things in the public domain belonging to the Government, or their
fruits and accessories, may be used or enjoyed, on sufferance, in
any amount necessary for an individual’s own personal use or
consumption. Where special laws require Government
authorisation also for personal use or enjoyment of things in the
public domain, such authorisation shall be a condition for public
use and enjoyment.
(14)In addition to any rights or powers it may have under any
law, licence, contract or otherwise, the Government may entertain
any civil or administrative action against any person who damages,
or by his actions threatens to damage, things in the public domain.
5. (1) When things in the public domain as defined in this
Schedule are subject to private rights, they shall remain public
domain and shall generally be burdened by public domain
obligations which arise due to their nature, limited by such private
rights in a manner consistent with their nature and subject to any
applicable law.
(2)Any person enjoying an existing title to or right over land in
the public domain shall register such title or right with reference to
the specific land in accordance with, and subject to, the provisions
of the Public Registry Act , the Land Registration Act or any other
applicable law having such effect, prior to the lapse of ten years
from -
(a) the designated date with reference to property referred
to in article 4(1); or
(b) the date on which any Public Domain Resolution is
registered in the relevant registry with reference to a
specific land,
and subject to the right of the Government or any other person
who may have an interest to contest such title or right in terms of
any applicable law.
(3)Any person acquiring titles or rights over things in the public
domain following declassification, shall register such title or right
in accordance with and subject to the provisions of the Public
Registry Act , the Land Registration Act or any other applicable
law having such effect within the period prescribed by law.
Title IV
DISPOSAL OF THINGS IN THE PUBLIC DOMAIN
6. (1) Apart from complying with the requirements
established by this Schedule in relation to declassification, the
disposal of things forming part of the public domain shall comply
with the provisions of the Disposal of Government Land Act or any
regulations made thereunder.
(2)The term "disposal" shall have the meaning attributed to it by
the said Act and the provisions of the said Act shall apply to public
domain mutatis mutandis.
Title V
CONCESSIONS AND GRANTS OF PUBLIC DOMAIN
7. (1) The Government may grant rights over any things in
the public domain by an administrative permit on condition that
such things in the public domain must be used consistently with
their nature.
(2)It shall not be necessary to declassify things in the public
domain in order for them to be the subject of an administrative
permit.
(3)Subject to more detailed terms or conditions which may be
prescribed by regulations made by the Prime Minister from time to
time regarding administrative permits, when an administrative
permit refers to things in the public domain, notwithstanding any
provisions of any agreement to the contrary, such grant shall be
(a) personal to the grantee thereof and shall not be
assignable nor shall it be capable of division and when
the grant is made to a legal organisation or a trust
which has shareholders or beneficiaries, as the case
may be, such shareholders or beneficiaries shall be
subject to the same conditions together with the legal
organisation or trust during the duration of such grant;
(b) revocable by the granting authority upon written
notice;
(c) subject to public domain obligations and conditions as
outlined in this Schedule; and
(d) initially granted for not more than ten years, and when
renewed, for not more than ten years at a time
Provided that when the grant by the Government is made to an
enrolled voluntary organisation the purposes of which reflect the
s a m e pr in c i pl e s of th is S c h e d ul e re lat in g t o th e m an ner of
administration of any property in the public domain, the conditions
mentioned above may be modified or waived.
(4)Administrative permits granting rights over the public domain
shall be registered in the relevant registry if their term exceeds two
years. Such registration shall not give to the grantee any ownership
or possessory rights and the rights shall remain as stated in the
preceding sub-article and any applicable law.
8. (1) Saving any grant which is made pursuant to a special
la w wh i c h m a y e xp r e s s l y m o di f y t he co n di t io ns h e r e u nd e r
specified, when things in the public domain are the subject of a
grant by the Government to private interests, the following
conditions shall apply
(a) except when the Declassification Resolution expressly
authorises the declassification to be for an indefinite
term because of its evident irreversibility, the grant
shall be for a specified term not exceeding one
hundred years and shall be, as far as reasonable
(i)proportionate to the nature of the interest or benefit
to be gained by the general public and to the
length of time during which such interest or
benefit actually subsists;
(ii) sufficient to fulfil the authorised use;
(iii) inversely proportionate to the extent to which
the general public is restricted access and use, so
that the greater the restriction on public use, the
shorter the period; and
(iv) inversely proportionate to the disruption of the
public function the thing used to serve, so that
the greater the disruption to public function of
the thing, the shorter the period;
and in any case shall not exceed the term for which the
thing was declassified;
(b) the purpose of the grant and subsequent use of the
thing shall be exclusively that for which the thing was
declassified;
(c) if reasonably possible, suitable alternatives are
provided to the general public which has been
deprived of the things it formerly used or enjoyed;
(d) except when the Declassification Resolution expressly
authorises the declassification to be for an indefinite
term because of its evident irreversibility, any
constructions, improvements or alterations made to
things in the public domain are to be removed on the
lapse of the term, unless the Government approves the
retention, for its own benefit or as it may consider in
the public interest, of such constructions,
improvements or alterations at the time of the
declassification or any time thereafter;
(e) except when the Declassification Resolution expressly
authorises modification of any thing in the public
domain, any damages, destruction or modification or
exploitation other than that expressly permitted, shall
be made good at the expense of the grantee;
(f)
unless expressly permitted by the Declassification
Resolution, and in such case subject to the express
conditions of the grant, the grant shall
(i)be personal to the grantee thereof and shall not be
assignable and when the grant is made to a legal
organisation or a trust which has shareholders or
beneficiaries, as the case may be, such
shareholders or beneficiaries shall be subject to
the same conditions together with the legal
organisation or trust during the duration of such
grant;
(ii) not be capable of division; and
(iii) not be capable of being the subject of security in
favour of a third party
Provided that when the grant by the Government is made to an
enrolled voluntary organisation the purposes of which reflect the
s a me p r in c i pl e s of t h is S c he du le r e l a t in g to th e ma nn e r o f
administration of any property in the public domain, the conditions
mentioned above may be modified or waived.
(2)The preceding sub-article shall be subject to the following
additional rules of interpretation
(a) should a grant be made for more than one hundred
years, it shall be valid only for one hundred years;
(b) should the grant exceed the term stated in the
Declassification Resolution, then the term of the grant
shall be reduced ipso jure to the term stated in the
Declassification Resolution;
(c) should the grant be made for a purpose not specified in
the Declassification Resolution, then such grant shall
be null and void and no rights whatsoever shall accrue
to any party by virtue thereof.
(3)Nothing in this Schedule or any Declassification Resolution
shall hinder the imposition by the Government of more onerous or
restrictive conditions at the time of any grant or disposal of the
relevant property in the public domain in order to better protect or
preserve the public domain nature of the property.
9. (1) When a thing in the public domain has been subjected
to private rights, on the termination, howsoever this occurs, of such
private rights, such thing shall revert ipso jure to the public
domain. On reversion, the thing shall be free from all rights and
claims, both personal and real.
(2)Such reversion shall also occur following the expiration of the
stated term or the impossibility or exhaustion of the purpose and
use for which the thing was declassified or granted, as the case may
be.
(3)Any thing which has, within the term of the original
D e c l a s s i f i c a t i o n Resolution, r e v e r t e d t o p u b l i c d o m a i n i n
accordance with this article may be re-granted for the remaining
period of the original grant without a new declassification provided
it is so re-granted within twelve months of the reversion.
(4)When a declassified thing reverts to the public domain after
the lapse of the specified term of the grant, the Government shall
seek to return the property into the public domain for at least
twenty-five years before declassifying it again, unless with the
support of a resolution of the House of Representatives.
(5)When immovable property in the public domain is
declassified and the declassification is expressly declared to be
indefinite in duration due to the irreversibility of the intended use
permitted by declassification, reversion to public domain shall not
take place and the property shall remain private or public free of
any public domain obligations including those referred to in article
4(10) of this Schedule.
Title VI
OF DECLASSIFICATION OF THE PUBLIC DOMAIN
10. (1) All things which are in the public domain, by nature or
by operation of the law, can be designated to be available for -
(a) the use and administration of such property by the
Government as public property; or
(b) the grant of titles or rights in favour of private
interests;
in accordance with the use to which the thing can lend itself,
generally without permitting the permanent alteration of its nature.
Such designations shall be for a purpose or purposes which are
specifically defined and being in the public interest. The Executive
Council as established under the Development Planning Act of 2016
shall receive such requests by the Minister responsible for Lands to
prepare a report following a public consultation process. The report shall
be referred to the Standing Committee for Environment and
Development Planning who in turn following its consideration and
comments shall forward its conclusions to the Minister responsible for
Lands. The Minister shall present to the House of Representatives for its
consideration, a Declassification Resolution. Such things shall be
referred to as declassified things.
(2)Following declassification, the declassified things shall still
r e t a i n t h e i r n a t u r e a s p u b li c dom a i n a n d , t o t h e e x t e n t n ot
incompatible herewith, shall still be subject to the rules in this
Schedule. Declassification, however, may impose restrictions on
continuing public enjoyment to the extent that public
administration or private use is subsequently permitted.
(3)Declassifications cannot take place in relation to classes of
things or the totality of such type of thing but can only be made
with reference to specific things susceptible to individual
designation and description.
(4)Declassification cannot take place except after a minimum
period of five years has elapsed, with regard to any public domain
property, from the date of enactment of a Public Domain Resolution
with regard to that property in particular, as mentioned in article
4(2) of this Schedule.
(5)Declassified things belonging to the Government become
capable of being the subject of a contract for the period of
declassification and are rendered susceptible to real rights and
charges and other encumbrances
Provided that any real rights, charges and other encumbrances
shall terminate ipso jure on the expiration of the contract term or on
the lapse of the declassification period, whichever is the earlier.
(6)The modification or conversion of things in the public domain
following declassification may be permitted by a Declassification
Resolution on condition that such modification or conversion shall
seek an outcome where the gain achieved by the general public is
clear and unambiguous.
11. (1) Declassification of things in the public domain shall be
m a d e b y m e a n s o f t h e i s s u e o f a resolution of the House of
Representatives, hereinafter referred to as a "Declassification
Resolution".
(2)Every Declassification Resolution shall, as a minimum
(a) identify the property, its fruits and accessories;
(b) identify the term, unless indefinite in scope in which
case it shall state so, the purpose and the use for which
declassification is taking place;
(c) declare what the projected existing or future public
rights or benefits are to be and what suitable
alternatives, if any, will be provided for any loss of use
or enjoyment of the thing by the public;
(d) identify any known Government powers or third party
rights which shall continue to be enjoyed over the
thing notwithstanding the declassification, provided
that this is without prejudice to the general powers of
the Government under any law and to private titles or
rights which may be registered within the time period
prescribed by law;
(e) seek to identify special laws or provisions thereof, if
any, which restrict the public access or enjoyment of
such property in accordance with this Schedule and
which shall continue to apply to such property
notwithstanding the declassification; and
(f)
where applicable, be accompanied by a plan or general
map, based on the official map of the Land Registry,
identifying the property and its accessories which are
affected by such declassification.
(3)All Declassification Resolutions shall be registered in the
relevant registry by the Minister responsible for Lands within two
months of the coming into force of the Act.
(4)Any grant made by the Government pursuant to a
Declassification Resolution shall be registered in the relevant
registry in accordance with applicable law.
(5)Any amendments or revocations made to Declassification
Resolutions shall be registered by the Minister responsible for
Lands in the relevant registry within two months from when such
amendments or revocations are made.
12. (1) In the following cases
(a) where the thing has reverted to its former public use
without objection of the title or rights holder for a
continuous period of two years;
(b) where it is used for a purpose which does not fall
within the parameters for which the declassification
was made;
(c) where the term for which it was declassified expires;
(d) where there is a substantial breach of the terms of any
grant, concession or an abuse of right;
the grantee shall be notified by judicial letter and, upon the lapse
of thirty days from such notification, the thing shall revert to the
public domain, unless such reversion is formally contested in a
court, in which case the effects are suspended until the court
decides the matter or the parties agree that compliance has been
achieved
Provided that during any such contestation the duty of the
grantee to pay any agreed compensation and to perform all public
domain obligations shall not be affected in any manner and in the
event of breach pendente lite, the court shall, even without demand
on the part of the Government, order the reversion to the public
domain on the basis of such breach without the need to determine
the issues under contestation.
(2)Where it is established by a final judgement of a court of civil
or criminal jurisdiction that the declassification was the fruit of
corruption, the declassification shall be invalid and all rights
accruing to any person pursuant thereto shall be null and void.
(3)Any person formerly vested with title to or rights over a thing
in the public domain shall, upon the happening of the events in the
preceding sub-articles, ipso jure become a mere holder and shall
have no further rights from the moment of notification and, without
prejudice to any other rights competent at law, the Government
shall have a right to register the reversion of the thing to the public
domain in the relevant registry.
(4)Where the Government is notified that a third party will be
granted or has lawfully been granted an interest dependant on the
title or right of the person enjoying the title or right, if so
authorised by the Declassification Resolution, the Government may
agree to such terms intended for the protection of such third party
rights in the event of default by the holder of the title or rights
Provided that the third party shall not enjoy such protection if he
consents to or participates in the breach giving rise to the default or
does not otherwise act in good faith when seeking protection under
this article.
13. (1) When third party rights are granted on declassified
immovables, the rights shall attach only to the things fastened to
the site and any improvements thereto as well as to its use but not
to any fruits or accessories to such immovables unless expressly
agreed.
(2)On termination of a grant of declassified things, the person
who enjoyed the rights to the use and enjoyment of the things shall,
at his expense, take all such action as is necessary to ensure that
things which may have been constructed or fastened to the property
shall be removed and the thing be restored to its condition prior to
the declassification or to as near a condition as possible, such
assessment to be made by the Government, unless the Government
approves their retention in accordance with article 8(1)(d) of this
Schedule or consents to their permanent modification or conversion
in the Declassification Resolution.
(3)In the event that the thing is not restored to the appropriate
condition, the Government shall have the power to clear the
property of any constructions, fastening or any other thing
whatsoever and shall have the power to administer and dispose of
the same. Additionally, the Government shall enjoy a special
privilege over such things and to any proceeds coming from the
lease, operation or sale of such things. The Government shall be
entitled to take from such proceeds any sum equivalent to the costs
and expenses incurred in restoring the thing to its original
condition but shall have no interest whatsoever in any excess
proceeds which shall be kept on trust for the grantee
Provided that subject to the terms of the grant, following the
termination of a grant, the Government may, at its discretion,
acquire any immovable thing remaining on the property upon
payment of a fair price to the grantee or relevant owner of the
immovable, such price to be determined by agreement or by the
court in case of disagreement.
14. (1) When property becomes part of the coastal perimeter
by human intervention, including excavation or development or
conversion into a marina, promenade, breakwater or otherwise, it
shall not thereby become public domain but shall be subject to
(a) any special conditions which may be imposed in any
Declassification Resolution or any permit for such
intervention; and
(b) any special laws which may be applicable to its
development and use.
(2)When any part of the seabed is reclaimed, any
Declassification Resolution shall expressly declare that the purpose
of the declassification is the reclamation of the area, giving full
description thereof, and -
(a) the area so reclaimed shall no longer be considered to
be public domain; and
(b) the coastal perimeter which is lost in the reclamation
shall be substituted ipso jure by the new coastal
perimeter emerging as a result of the reclamation.
15. (1) The Prime Minister shall have the power to make such
regulations as may be necessary so as to better regulate the matters
contained in this Schedule in relation to particular types of property
falling within the public domain or generally or for the better
functioning of the provisions of this Schedule including without
prejudice to the foregoing
(a) matters relating to registration of resolutions, titles,
rights and other matters referred to in this Schedule in
the relevant registry;
(b) defining in further detail the things described in article
3(4) of this Schedule;
(c) establishing the methodology to determine the
baselines for the calculation of the coastal perimeter;
(d) the publication in the Gazette, the Government’s
website or otherwise of information in addition to that
in the relevant registry;
(e) specifying the uses of things in the public domain, any
public domain obligations and any public and private
rights thereon, and any reservations and restrictions on
such things so as to better achieve the purposes of any
Public Domain Resolution or any Declassification
Resolution;
(f)
actions competent under this Schedule;
(g) the rights and remedies to protect private interests in
any things affected by any process implementing the
provisions of this Schedule;
(h) penalties and offences in relation to things in the
public domain, including offences relating to the
unauthorised occupation and use of things in public
domain, deprivation of access or use by the public and
related rights to damages and reimbursement of any
gains
Provided that any criminal punishments that may be
established by regulations made under this article shall
not exceed the penalty of imprisonment for a period of
two years or a fine (multa) of one million euro or both
such fine and imprisonment; and
(i)
the interplay between the provisions of this Schedule,
the provisions of the Code and the provisions of other
special laws.
(2)Nothing in this Schedule shall affect the provisions of or
anything done or which could be done under the
(a) the Petroleum (Production) Act;
(b) the Land (Compulsory Eviction) Act;
(c) the Disposal of Government Land Act;
(d) the Environment Protection Act;
(e) the Cultural Heritage Act;
(f)
the Authority for Transport in Malta Act;
(g) the Development Planning Act;
(h) the Crimes Against the Environment Act;
(i)
the Malta-Libya Continental
Shelf
Delimitation
(Ratification) Act;
(j)
the Continental Shelf Act;
(k) the Territorial Waters and Contiguous Zone Act;
(l)
Repealed by Act XVII.2024.11.
(m) the Fisheries Conservation and Management Act;
(n) any regulations made, or guidelines or notices issued,
under any of the above Acts;
and other special laws which may be designated by the Minister
responsible for Lands by notice in the Gazette, and such Minister
m a y, f r o m t i m e t o t i m e , i n c o n s u l t a t i o n w i t h t h e M i n i s t e r
designated in such laws, if different, make regulations to establish
the operation of any of the provisions of such special laws in the
light of the provisions of this S chedule so as to ensure the
achievement of the aims of this Schedule and such laws and the
compatible application thereof.
Transitory provisions in Act XXV.2016.6
6. (1) Where private titles or rights are claimed in any civil or
administrative proceedings, commenced at any time prior to the
coming into force of this Act, in relation to land in the public
domain, such private titles or rights shall be determined in
accordance with the law applicable prior to the coming into force of
this Act until they are finally determined by the relevant court or
tribunal or by any agreement between the parties.
(2)Where any private titles or rights over land considered to be in
the public domain belonging to the Government are not registered
or preserved in accordance with the Public Registry Act , the Land
Registration Act or any other applicable law having such effect, or
are not claimed in any proceedings as stated in sub-article (1)
commenced not later than ten years from the designated date, such
titles or rights shall be presumed to be mere encroachments to the
extent they are being tolerated or shall not be considered to exist as
a matter of law or to otherwise lapse.
The amendments introduced by this Act shall apply to all the
land in the public domain, saving titles or rights which are so
registered or preserved.
(3)The "designated date" shall be that established by the Minister
responsible for Lands by means of a notice published in the Gazette
for such purpose under the Public Registry Act and, or the Land
Registration Act and, or any other applicable law.
(4)The provisions of article 311 of the Code shall apply, in
accordance with their terms, with effect from the 1st January, 2016
to anything done on or after such date over the coastal perimeter or
land in the public domain, as defined in the Code.