AGRICULTURAL LEASES g S.L.199.01 1
SUBSIDIARY LEGISLATION 199.01
AGRICULTURAL LEASES REGULATIONS
21st June, 1967
LEGAL NOTICE 41 of 1967, as amended by Legal Notices 35 of 1972
and 139 and 200 of 2000.
Title .
Regulations.
Interpretation.
requires-
Cap. 199.
"Board" means the Rural Leases Board established under article
5 of the Act;
"agricultural land" means the land in respect of which an
application is made.
Registrar of the 
Board.
Cap. 12.
3. (1)  The Registrar of the Superior Courts or any person
acting in his stead and on his behalf in accordance with the
provisions of the Code of Organization and Civil Procedure
(hereinafter referred to as "the Registrar") shall be the Registrar of
the Board in regard to any proceedings which concern land situated
in the Island of Malta.
(2) The Registrar of the Court of Magistrates of Gozo or any
person acting in his stead and on his behalf in accordance with the
said provisions (hereinafter referred to as "the Registrar") shall be
the Registrar of the Board in regard to any proceedings which
concern land situated in the Island of Gozo or Comino.
Application to the 
Board.
4. (1) The application to the Board, besides the indications
common to judicial acts, shall contain a brief statement of the facts
upon which the Board is to decide as well as the grounds and the
object of the application.
(2) The Board may, at any time, allow any amendments to be
made in the application for the purpose of making it clearer.
(3) The application may be filed by the applicant or one of the
applicants or by the advocate or legal procurator who has signed it.
Service of 
application.
5.  The application shall be filed with as many copies as are
required to be served on the parties with whom there is contestation
and a copy, with an indication therein of the date and time of the
first hearing of the application, shall be served on each such party
at least fifteen working days before such date. 
Notice to applicant 
on first hearing of 
application.
6. The date and time of the first hearing of an application
shall be communicated to the applicant by notice served upon him
at least seven working days before such date.
2 g S.L.199.01 AGRICULTURAL LEASES
Registry fees. 
Amended by: 
L.N. 35 of 1972.
Substituted by:
L.N. 139 of 2000.
7. The Registry fees to be assessed by the Registrar on the
filing of any act shall be in accordance with the fees shown in
Tariff A contained in the Schedule.
Advocate’s or legal 
procurator’s fees.
8.  (1) There shall be payable to the advocate or legal
procurator assisting or assisting and appearing on behalf of a party
in the proceedings before the Board a fee to be computed as
follows:
( a ) where the proceedings are in respect of an application
made under article 3 of the Act, a fee equal to one
year’s rent of the agricultural land or three liri,
whichever is the lesser amount:
Provided that in no case shall such fee be less
than one lira;
( b ) where the proceedings are in respect of an application
made under article 4 or article 13 of the Act -
(i) a fee equal to six months’ rent of the agricultural
land or three liri, whichever is the greater
amount, in respect of the demand for the
resumption of possession of the agricultural land
in question, and
(ii) a fee assessed by the Registrar in accordance
with Tariff B contained in the Schedule;
( c ) where the proceedings are in respect of an application
made under article 25 of the Act, a fee assessed by the
Registrar in accordance with Tariff B contained in the
Schedule.
Cap. 12.
(2) In addition to the fee due in accordance with sub-
regulation (1), there shall also be payable to the advocate or legal
procurator for any judicial act, except the application referred to in
article 3, 4, 13 or 25 of the Act, filed for the purpose of the
proceedings before the Board, (and any reply thereto) and for every
attendance at inspections  in   faciem loci  ordered by the Board or
required by the client the fee chargeable in accordance with Tariff
G of Schedule A to the Code of Organization and Civil Procedure.
Record of 
proceedings.
9. There shall be kept a record of all the proceedings of the
Board and all evidence shall be taken in writing.
Service of the acts 
of the Board.
Cap. 12.
10.  The service of all warrants, orders or other acts of the
Board shall be carried out in accordance with the provisions of the
Code of Organization and Civil Procedure and those provisions
shall, as far as possible, apply to proceedings before the Board.
Other costs and 
fees.
11. Except where otherwise provided, the costs of the
proceedings before the Board and the registry fees chargeable for
acts filed in connection with such proceedings shall be assessed in
accordance with the tariffs annexed to the said Code.
Duties and powers 
of officials 
assigned to the 
Board.
Cap. 12.
12. The Registrar shall provide the necessary personnel for the
holding of sittings and for the execution of the orders of the Board:
the officials so designated shall, in the execution of their duties,
enjoy and exercise all such powers as are vested by the Code of
Organization and Civil Procedure in officials performing similar
AGRICULTURAL LEASES g S.L.199.01 3
duties.
Inspections  in 
faciem loci .
13. It shall be lawful for the Board to order inspections to be
held  in faciem loci  by the whole Board or by one or more of its
members.
Decisions of the 
Board.
14. (1) Any decision of the Board shall be signed by the
Chairman and countersigned by the Registrar.
(2) The Registrar shall have power to give certified copies of
decisions or orders of the Board on payment of the fees prescribed
in respect of copies issued by the Registry of the Court.
Added by:
L.N. 35 of 1972.
SCHEDULE
Substituted by:
L.N. 139 of 2000.
Amended by:
L.N. 200 of 2000.
TARIFF "A"
Registry fees payable in the Rural Leases Control Board
1 For the filing of any claim ....................................... Lm 15
2 For the filing of any reply ........................................ Lm 10
3 For the filing of any application of appeal ............... Lm 30
4 For the filing of an answer to an application of
appeal ...................................................................... Lm 20
5 The fees established in paragraphs 1 to 4 of this
Tariff shall include the filing of all other acts of
procedure and services (including but not limited to
the filing of warrants for the examination of
witnesses, the examination itself, recording fees,
transcriptions and copies, the services of judicial
assistants, decrees and declarations prior to
definitive judgement, taxed bill of costs and copies
of the judgement) required following the initiation
of the cause through the said act up to and including
final judgement but excluding any fees due for
notification of the acts of procedure or any fees due
to referees or experts appointed by the Board or any
fees which the Board may be required to pay to
third parties.
6 (1) No fee shall be levied for the filing of any note
of admission of a claim provided that the claim is
admitted in full and unconditionally before any
contestation thereon.
(2) Any counter-claim contained in any act of
procedure shall be treated as if it is a new claim and
the fees set out in paragraphs 1 to 4 shall be levied
on the counter claim and the reply thereto.
(3) The fees stated in paragraphs 1 to 4 shall also
be due on the filing of any application to the Board
to be permitted to file any statement of defence,
answer or other act of procedure filed in reply to a
claim and intended to contest, whether totally or
partially, a claim made.
4 g S.L.199.01 AGRICULTURAL LEASES
7 (1) For every notification of an act of procedure,
including expenses incurred in the execution of
such notification, the following fees shall be due:
(i) registry fee ........................................... Lm 2.50
(ii) fee due to the executive officer
effecting the service .............................. Lm 0.50
Provided that if service is to be effected outside
normal working hours, the fees contained in this
paragraph shall be increased by 100%.
(2) Notwithstanding anything contained in this
Tariff if the service of any act is to be executed
personally by an executive officer of the Board, in
cases where the law permits that service be effected
otherwise, the following additional fees shall be
due, for each notification:
(i) registry fee ............................................ Lm 20
(ii) fee due to the executive officer
effecting the service .............................. Lm 3
(3) The fees established in sub-paragraph (2)
shall not apply when service is to be effected
personally by an executive officer of the Board in
terms of any law, and in such cases the fees
established in sub-paragraph (1) of this paragraph
shall apply.
8 For any other act of procedure indicated in the
Agricultural Leases (Reletting) Act but for which
no fee is established in these Tariffs ........................ Lm 5
Provided that fees for services not specifically
provided for in this Tariff but provided for in other
Tariffs contained in the Code of Organization and
Civil Procedure shall be taxed according to those
Tariffs.
9 For the opening of the registry outside working
hours:
(i) registry fee ............................................ Lm 50
(ii) fee due to attending deputy registrar ..... Lm 20
(iii) fee due to each executive officer
required to effect service ...................... Lm 15
10 (1) The Board may, when delivering judgement,
order that the plaintiff or defendant in a cause pay
increased costs to the Registrar of Courts of not less
than Lm 100 and not more than Lm 250 if the Board
deems that the act of procedure initiating the claim
or the act of procedure in reply was frivolous or
vexatious or that either of the parties has
unnecessarily prolonged the proceedings and in
such case such sum will not be recoverable from the
other party. 
No appeal shall lie from the decision of the Board. 
AGRICULTURAL LEASES g S.L.199.01 5
TARIFF "B"
Advocate’s or Legal Procurator’s Fee
(2) The Board may, when delivering judgement,
also refer to the Commission for the Administration
of Justice the advocate of the plaintiff or of the
defendant if the Board deems that the advocate is
responsible, wholly or partly, for the frivolous or
vexatious act of procedure or for prolonging the
proceedings.
No appeal shall lie from the decision of the Board.
11 (1) All fees due shall be paid together with the
filing of the relative act and the Registrar shall not
accept for filing any act of procedure, which is not
accompanied by the relative fee.
(2) The assessment of the Registrar on the amount
of fees to be paid shall be final.
(3) In assessing the fees laid down in this Tariff no
account shall be taken of any fraction of Lm 1.
12 (1) The Registrar shall cause a taxed bill of costs
to be kept in the file of each cause and shall
immediately enter therein all payments made to him
and all payments due to the advocates and legal
procurators of the parties and the parties and their
advocates and legal procurators shall have the right
to a copy thereof at any time.
(2) Within one month of the delivery of the
definitive judgement, the Registrar shall cause a
final taxed bill of costs to be drawn up.
1. For each judgment on the amount of
compensation claimed or awarded (whichever shall be
the higher):
( a ) in respect of the first Lm200, per Lm100 ......... Lm5.00,0
( b ) in respect of any amount in excess of the first
Lm200, and up to a further Lm300, per Lm100 ....... Lm3.00,0
( c ) in respect of any amount in excess of the first
Lm500, and up to a further Lm1,000, per Lm100 .... Lm2.00,0
( d ) in respect of any amount in excess of
Lm1,500, per Lm100 ............................................... Lm1.00,0
2. In cases of judgments of non-suit given on pleas
touching the principal merits of the application, the fee
under paragraph 1 shall be taxed; in all other cases of
judgments of non-suit, one-half of the above fee shall
be taxed.
3. In case of discontinuance -
6 g S.L.199.01 AGRICULTURAL LEASES
( a ) after the application has been filed, there shall
be allowed to the advocate or legal procurator of the
applicant one-third of the fee under paragraph 1;
( b ) after a reply to the application has been
drafted, there shall be allowed to the advocate or
legal procurator of the respondent one-third of the
fee under paragraph 1.
4. In case of compromise or discontinuance at any
other stage of the proceedings subsequent to
contestation but prior to the hearing of the application,
or in case of admission at any stage prior to the
commencement of the hearing, there shall be allowed
one-half of the fee under paragraph 1.
5. In case of compromise or discontinuance or
admission after the commencement of the hearing,
there shall be allowed two-thirds of the fee under
paragraph 1.
6. In case of compromise or discontinuance or
admission after the application has been adjourned for
judgment, the whole fee under paragraph 1 shall be
allowed.
7. ( a )If more than one Advocate or more than one
legal procurator or if an advocate and a legal procurator
are briefed by the same party in the same proceedings,
each of the said advocates and/or legal procurators
shall be entitled to the whole fee taxed as in the
preceding paragraphs of this Tariff:
Provided that the party in whose favour the head
of costs is decided shall not be entitled to claim
from the party cast more than one such whole fee.
 ( b ) Where there are two or more applicants or two
or more respondents to the same proceedings, each
of the applicants or respondents shall be entitled to
have his own advocate or legal procurator, and the
party ordered to pay the costs shall be bound to pay
the proper fees of all the advocates or of all the
legal procurators on the prevailing side so long as
no one party claims costs in respect of more than
one legal practitioner.
8. If an advocate or legal procurator abandons or is
abandoned by his client - 
( a ) after the application or the reply has been
filed, he shall be entitled to one-third of the normal
fee;
( b )  after the above stages but before the
proceedings have been adjourned for judgment, he
shall be entitled to two-thirds of the normal fee.
9. The fee due to an advocate or to a legal procurator
whose services have been engaged after the former
advocate or legal procurator has been abandoned by or
has abandoned his client before the proceedings are
concluded shall be equal to the difference between the
full fee and the fee taxed to the former advocate or
legal procurator.
AGRICULTURAL LEASES g S.L.199.01 7
10. In every case covered by paragraphs 8 and 9 of
this Tariff, the party engaging the services of more than
one advocate or legal procurator, one after the other,
who happens to be on the prevailing side, cannot claim
from the party cast more than one whole fee.
11. The minimum fee due under this Tariff to any
advocate or to any legal procurator shall never be less
than four liri.
