              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          1
CHAPTER 88
LAND ACQUISITION (PUBLIC PURPOSES) 
ORDINANCE 
To regulate the acquisition of land for public purposes and to establish
the procedure to be followed in relation thereto.
8th October, 1935
ORDINANCE XL of 1935, as amended by Ordinances: III and XIII of
1936, VI of 1937, X of 1945, XLV of 1946, XXXI of 1947 and V of 1949; Act
XXVII of 1956; Ordinances: IV of 1961 and XI of 1962; Legal Notice 4 of
1963: Acts: XIV and XXXI of 1966, XXIX of 1969, XXXIII of 1971, LVIII of
1974 and IV of 1975; Legal Notice 148 of 1975; and Acts: XVII of 1979,
XLIX of 1981, XI of 1989, VIII of 1990, XIX of 1993, XXXIV of 1995, VI of
2001 and XI of 2002.
Short title.
(Public Purposes) Ordinance.
Definitions. 
Amended by: 
XIII.1936.2; 
X.1945.2; 
XLV. 1946.2; 
XXXI.1947.2; 
V.1949.2; 
XXVII.1956.2; 
XIV.1966.2;
XLIX. 1981.6.
2. In this Ordinance unless the context otherwise requires -
 "acquisition rent" means the periodical payments to be made in
terms of article 27(14), (15) and (16);
"agricultural or rural land" does not include the domestic garden
of a house or building or any other land within the precincts of a
house or building nor a building site nor waste land but includes
farmhouses, buildings intended mainly for the keeping of store
cattle or other domestic animals, and other structures of a kindred
nature;
"Board" means the Board established under the provisions of this
Ordinance;
"built-up area" means any area which for a continuous stretch of
one hundred and thirty-seven metres of its frontage on either side
of the street, if the street is developable on both sides, or two
hundred and seventy-four metres if the street is developable on one
side only, is at least fifty  per centum  occupied by buildings;
Cap. 116.
"clearance rights" means the subjection of any land to the
restrictive conditions referred to in article 29;
"competent authority" means the Commissioner of Land;
 "dwelling house" has the same meaning as that assigned to it in
the Rent Restriction (Dwelling Houses) Ordinance;
"land" includes any building, tree or anything fixed in the land
and any portion of the shore, and any easement in or over land and
other rights of user and any right of interference;
"lease" includes the right of occupation or use of any land by any
title whatsoever;
"new urban tenement" means any urban building including
dwelling houses, buildings in which trade is carried on, clubs,
hotels and lodging houses, which, apart from fittings, decorations,
  2       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
and alterations, even if structural, was not complete or ready for
use on the 31st March, 1939;
"old urban tenement" means an urban building including
dwelling houses, buildings in which trade is carried on, clubs,
hotels and lodging houses, which, apart from fittings, decorations,
and alterations, even if structural, was complete or ready for use on
the 31st March, 1939 provided that any repair of an old urban
tenement made as a consequence of damage by enemy or counter-
enemy action or any rebuilding of an old urban tenement the cost of
which was recognized as being payable under the provisions of the
War Damage Ordinance, 1943 *  shall not change the "old" nature of
the tenement. "Old dwelling house" and "old shop" shall be
construed accordingly;
"owner" includes lessee or other person having an interest in the
land;
"public purpose" means any purpose connected with exclusive
government use or general public use, or connected with or
ancillary to the public interest or utility (whether the land is for use
by the Government or otherwise) or with or to town-planning or
reconstruction or any purpose connected with the defence of Malta
or connected with or ancillary to naval, military or air operations;
and includes any other purpose specified as public by any
enactment;
"public tenure" means the tenure of land by a competent
authority, of which tenure the main qualities are set out in article
19(5), (6) and (7);
"recognition rent" means the periodical payments due in
consideration of the holding of land on public tenure;
"subsoil rights" means the subjection of any land to the
restrictive conditions regarding underground works and
excavations referred to in article 29.
Declaration by 
President that land 
is required for 
public purpose. 
Amended by: 
LVIII. 1974.68.
3. The President of Malta may by declaration signed by him
declare any land to be required for a public purpose.
Proclamation by 
President declaring 
land to be subject 
to clearance rights. 
Amended by: 
V.1949.3; 
LVIII.1974.68.
4. The President of Malta may for any public purpose declare
by proclamation that any land is subject to clearance rights or to
subsoil rights.
Acquisition of land 
for public 
purposes. 
Amended by: 
XXXI. 1947.3; 
XXVII. 1956.3.
5. The competent authority may acquire any land required for
any public purpose, either - 
( a ) by the absolute purchase thereof; or
( b ) for the possession and use thereof for a stated time, or
during such time as the exigencies of the public
purpose shall require; or
*Repealed by Act XXIX of 1980.
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          3
( c ) on public tenure:
Provided that after a competent authority has acquired any
land for possession and use or on public tenure the conversion into
public tenure or into absolute ownership of the terms upon which
such land is held shall always be deemed to be an acquisition of
land required for a public purpose and to be in the public interest:
Provided also that, subject to the provisions of articles 14,
15 and 16, a competent authority may acquire land partly by one
and partly by another or others of the methods in paragraphs ( a ),
( b ) and ( c ):
Provided further that where the land is to be acquired on
behalf and for the use of a third party for a purpose connected with
or ancillary to the public interest or utility, the acquisition shall, in
every case, be by the absolute purchase of the land.
Declaration by 
President of public 
purpose to be 
conclusive. 
Substituted by: 
XLV. 1946.3. 
Amended by: 
LVIII. 1974.68.
6. No person shall require any proof of the public purpose
referred to in articles 3 and 4 and in article 8(1) other than the
declaration of the President of Malta.
Power of 
competent 
authority to 
dispose of land. 
Added by: 
XXVII. 1956.4.
7. The competent authority may deal with and dispose of land
acquired by it in such manner and subject to such conditions as it
considers expedient having regard to the public interest or utility.
Preliminary 
investigation. 
Amended by: 
XLV. 1946.4;
LVIII. 1974.68.
8. (1) Whenever the President of Malta considers it desirable
that any land should be examined with a view to its possible
acquisition for any public purpose, he may make a declaration
signed by him to that effect, and thereafter it shall be lawful for any
person either generally or specially authorised by the competent
authority in that behalf, and for his assistants and workmen to do
all or any of the following things:
( a ) to enter upon and survey and take levels of any such
land;
( b ) to dig or bore under the subsoil;
( c ) to do all other acts necessary to ascertain whether the
land is adapted for such purpose;
( d ) to clear, set out and mark the boundaries of the land
proposed to be taken and the intended line of work
proposed to be made thereon:
  Provided that no person shall enter into any building or
upon any court or garden attached to any dwelling-house except
with the consent of the occupier thereof, without previously giving
such occupier at least seven days notice of his intention to do so.
(2) As soon as conveniently may be after any entry made under
subarticle (1), the competent authority shall pay for all damage
done, and in case of dispute as to the amount to be paid, either the
competent authority or the person claiming compensation may refer
such dispute to the Board, whose decision shall be final.
  4       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
Notice of intention 
to take land. 
Substituted by:
LV. 1946.5.
Amended by:
LVIII. 1974.68;
XI. 2002.7.
9. (1) Whenever the President of Malta declares that any land
is required for a public purpose, the competent authority shall cause
a copy of such declaration (together with particulars sufficient for
the purpose of identifying the land) to be published in the
Government Gazette, in at least two local newspapers (one of
which must be a newspaper published in English and the other a
newspaper published in Maltese) and on the notice board of the
office of the Local Council of the locality where the land is
situated.
Cap. 12.
(2) The competent authority shall also file a copy of the
declaration and of the particulars in the registry of the Board, and
shall cause a copy thereof to be served through the Board in the
manner prescribed by the Code of Organisation and Civil
Procedure on every owner of and on every other party having a
legal interest in the land to which the declaration refers, of whose
existence and identity the competent authority is aware.
Proceedings when 
owner is unknown, 
etc.
Amended by: 
XLV. 1946.6; 
XXXI. 1947.4; 
L.N.148 of 1975. 
Cap. 12.
10. When the owner or any of the owners of land to be
compulsorily acquired by a competent authority is unknown or
uncertain or is absent or a minor or an incapacitated person not
legally represented or not known to the competent authority to be
legally represented, proceedings under this Ordinance shall be
instituted against curators to be appointed by the Civil Court, First
Hall, to represent that owner or owners as provided in the Code of
Organization and Civil Procedure.
Proceedings when 
land belongs to 
person subject to 
disability. 
Amended by: 
XLV. 1946.7; 
XXXI. 1947.5; 
L.N. 148 of 1975.
Cap. 26.
11. (1) Where the land to be acquired by a competent
authority belongs to a person interdicted, or to a minor, or to a
person subject to any other disability, or is dotal or subject to entail
or to usufruct or to use or habitation, or is the object of an
emphyteutical grant of which the time is determined by reference to
the duration of lives, no special judicial or other authorization shall
be necessary, but any compensation payable in terms of this
Ordinance, together with a sum amounting to 3% on the
compensation assessed, shall be deposited in the Civil Court,
Second Hall, and shall not be withdrawn without the authorization
of the competent court. The provisions of article 2 of the
Investment of Certain Moneys Ordinance shall apply in the case of
property subject to entail unless the court shall otherwise provide.
(2) In the case of the deposit of the compensation under the
provisions of subarticle (1), the lawful expense of the proceedings
for the withdrawal of the deposit shall be charged to the competent
authority.
(3) The provisions of subarticles (1) and (2) shall apply
similarly to acquisition rent and to recognition rent but so that in no
case shall additional amounts, computed at 3% of each of the
successive instalments deposited of acquisition rent or of
recognition rent, be payable in respect of more than four
instalments of acquisition rent or of recognition rent due in respect
of any one acquisition for the possession and use of land or, as the
case may be, on public tenure.
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          5
Contents of notice 
to treat. 
Amended by:
XLV. 1946.8;
XXVII. 1956.5;
XI. 2002.7.
12. (1) Within fourteen working days from the date of
publication in the Government Gazette, required under article 9(1),
of a declaration made under article 3, the owner and the occupier, if
any, of the land shall yield up possession thereof to the competent
authority:
  Provided that if the land of which possession is so required,
is a dwelling house actually occupied as such, the occupier shall
not be required to yield up possession thereof before the lapse of
fourteen days from the date when alternative accommodation,
reasonably sufficient for the persons resident in that dwelling
house, has been offered in writing by the competent authority to the
said occupier.
(2) On the lapse of the time mentioned in subarticle (1) the
competent authority may without any further formality enter upon
and take possession of the land or authorize any person to enter
upon and take possession of the land and, notwithstanding any
restriction imposed on such land by any other law or by any
instrument or otherwise, do or authorize any person to do in or
upon or in relation to such land any work or other thing whatsoever
which any person having an unrestricted interest in the land would
be entitled to do by virtue of that interest saving the liability of the
competent authority to re-instate the land or pay compensation for
any damage caused if in the cases permitted by this Ordinance the
acquisition is not completed.
(3) Simple interest at the rate of five per centum per annum
shall accrue on a daily basis in favour of any person having a right
to compensation in respect of any land acquired by the absolute
purchase thereof under this Ordinance, from the date of the
Declaration of the President up to the date when the compensation
is paid or deposited in accordance with article 22. The interest due
shall accrue on the amount of compensation as established in
accordance with this Ordinance.
Amount of 
compensation may 
be fixed by 
agreement. 
Amended by: 
XLV. 1946.9. 
Substituted by: 
XXXI. 1947.6. 
Amended by: 
L.N. 148 of 1975.
13. (1) The amount of compensation to be paid for any land
required by a competent authority may be determined at any time
by agreement between the competent authority and the owner,
saving the provisions contained in subarticle (2).
(2) The compensation shall in the case of acquisition of land
for temporary possession and use be an acquisition rent and in the
case of acquisition of land on public tenure be a recognition rent
determined in either case in accordance with the relevant
provisions contained in article 27.
(3) Acquisition rent or recognition rent as the case may be shall
be payable to the person who is entitled to receive, or is
immediately entitled to let and receive, the rental on lease of the
land affected or the tutor, curator, administrator, procurator or
other representative of the person so entitled:
  Provided that if the competent authority is not aware of the
name and residence within Malta of the person to whom acquisition
rent or recognition rent is so payable it may deposit such rent in the
Civil Court in accordance with the provisions of article 11.
  6       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
Part of a house. 14. An owner shall not be required to sell or convey to the
competent authority a part only of any house or other building, if
such owner is willing and able to sell and convey the whole thereof.
Portion of building 
site.
15. An owner shall not be required to sell or convey to the
competent authority a portion only of a building site, if the
remaining portion measures less than two hundred and twenty
square metres, or if, in the opinion of the Board, the remaining
portion, owing to its conformation and extension, will cease to be
adaptable for building purposes under the laws and regulations
relating to buildings; in any such case the competent authority shall
acquire the whole site:
  Provided that if the owner owns adjacent land, the Board
may declare that the foregoing provisions of this article do not
apply to the land to be acquired.
Portion of land. 16. An owner shall not be required to transfer a portion only of
any land if such portion exceeds three quarters of the area of the
whole and the remaining portion measures less than one thousand
one hundred and twenty-four square metres and that owner does not
own any adjacent land.
Valuation of land 
not being a 
building site. 
Amended by: 
XXXI.1947.7.
17. Any land which is not a building site shall be valued for the
purpose of determining the compensation payable in the case of its
compulsory acquisition as rural land or as waste land, as the case
may be.
Building sites. 
Substituted by: 
XXVII.1956.6.
18. (1) Land shall be deemed to be a building-site for the
purposes of this Ordinance if it has a frontage on an existing street
and is situated within a built-up area or, subject to subarticle (2),
within a distance of not more than ninety-one and one-half metres
of a built-up area, measured along the axis of the street.
(2) In determining whether land is a building-site by reason of
the fact that it is situated within a distance of not more than ninety-
one and one-half metres of a built-up area regard shall be had to the
probable immediate expansion of the built-up area in the direction
of the land in question.
(3) Land falling within the definition of subarticle (1) or (2)
shall be deemed to be a building-site to a maximum depth of
twenty-five metres.
Land occupied for 
ten years; 
application that it 
be purchased or 
acquired on public 
tenure, etc. 
Amended by: 
XLV.1946.10; 
XXXI.1947.8; 
IV.1961.12; 
XXXI.1966.2.
19. (1) When land has been acquired by a competent authority
for use and possession during such time as the exigencies of the
public purpose shall require, the owner may, after the lapse of ten
years from the date when possession was taken by the competent
authority, apply to the Board for an order that the land be purchased
or acquired on public tenure or vacated within a period of one year
from the date of the order, and the land shall either be vacated or
acquired on public tenure or purchased upon compensation to be
determined in accordance with the provisions of this Ordinance or
of any Ordinance amending or substituted for this Ordinance.
(2) When land which has been in the possession and use of a
competent authority is vacated, the competent authority may
remove all buildings, erections, or other improvements erected or
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          7
made thereon during the period of occupation, making such
compensation to the owner of the land for the damage which may
have been caused by the erection of such buildings or otherwise, as
may be agreed between the competent authority and the owner or
as, in default of agreement, shall be assessed by the Board.
(3) When a competent authority has acquired any land for
possession and use or, as the case may be, on public tenure and
subsequently converts into public tenure or, as the case may be,
into absolute ownership the title upon which such land is held, in
assessing for purposes of that conversion of title the amount of the
recognition rent or, as the case may be, of the compensation for the
acquisition of the absolute ownership, no regard shall be had to any
building, erection or other improvement erected or made on the
land after the date upon which the possession thereof was taken by
the competent authority and for purposes of such assessment the
land shall be deemed not to have been altered in any material
particular as from the first day of such possession.
(4) When the ownership of land which is in the possession and
use of a competent authority or is held by it on a public tenure is
transferred by its owner to a third party, such transfer shall not
affect in any way the subsisting possession or tenure by the
competent authority, except that as from the first due day of an
instalment of acquisition rent or of recognition rent following
service on the competent authority of a judicial letter sent by the
transferor and by the transferee jointly and containing full
information of the transfer effected or, alternatively, following the
submission of proof by the transferor or by the transferee to the
satisfaction of the competent authority that the transfer has in fact
taken place in a form valid according to law, the acquisition rent or
the recognition rent shall be paid to the transferee.
(5) Public tenure shall of its nature endure in perpetuity,
without prejudice to any consolidation by mutual consent or
otherwise according to law of that tenure with the residual
ownership of the land; and the recognition rent payable in respect
thereof shall in every case be unalterable, without prejudice to the
effects of any consolidation, total or partial. The residual
ownership of land held on public tenure with the inherent right to
receive recognition rent, shall, for all purposes of law, be deemed
to be an immovable right by reason of the object to which it refers
and shall be transferable according to law at the option of the
owner, from time to time, of that right.
(6) The competent authority shall not be under any restriction
as to the use it may make from time to time of land held by it on
public tenure, saving its liability to pay any recognition rent that
may be due thereon; it may demolish and not replace any structures
thereon, and it may alter in any manner the use to which the land
was previously put; it shall be entitled to any benefit whatsoever
which every parcel of land held by it on public tenure may yield,
including treasure trove found thereon, saving in this case such
portion thereof as, according to law, may be due to the finder; and
it shall have the right to recover any such land from any holder,
even if such holder is entitled to a recognition rent in respect of the
  8       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
same land.
(7) The person entitled or the persons jointly entitled to receive
a recognition rent shall not in any case be bound to carry out in or
on the land or in or on any part of the land, in respect of which he
or they are entitled to that recognition rent, any work imposed by
law on an owner of land; nor shall his or their right to the
recognition rent be affected in any way by the destruction in whole
or in part and from whatsoever cause of any or all structures
originally or subsequently erected on the land.
(8) The competent authority may, at any time, put up for sale
by tender any block of urban tenements or one or more urban
tenements capable of separate occupation or any parcel of land, in
each case held by the competent authority on public tenure; and in
connection with such or any other purpose it shall be lawful for the
competent authority to apportion, as it deems fit, to any specified
lot or lots comprising part of a parcel of land originally acquired as
subject to a single recognition rent, a part or the whole of that
recognition rent. Any such sale, however, shall be subject to the
following special provisions:
( a ) the recognition rent apportioned to any plot shall not
exceed one half of the income which in the opinion of
the Director of Public Works that plot might
reasonably be expected to yield at the time of disposal,
and the certificate of the Director of Public Works
shall be final;
( b ) in respect of each such case the proposed sale shall be
notified by letter on behalf of the competent authority
to the person at the time entitled or to the persons at
the time jointly entitled to receive the original
recognition rent or any part of it who appears or appear
as such on the administrative books of the competent
authority; but so that any default of such notification
shall not in any case invalidate a sale or render it
voidable;
( c ) if a person who is at that time entitled to receive the
original recognition rent or any part of it and appears
as such on the administrative books of the competent
authority, makes a tender lower than the highest tender
by not more than ten  per centum  of that highest tender,
and if, within six working days of the notification
made to him in writing by the competent authority of
the availability to him of the option hereunder and of
the offer contained in the highest tender, that person
declares in writing to the competent authority his
intention of availing himself of the option hereunder,
that person shall be allowed to augment the tender
made by him to a parity with the highest tender. On an
equality of tenders, either original or following the
exercise of the option aforesaid, the tender of the
person entitled to receive the recognition rent or a part
thereof shall be preferred to the tender made by a
person not so qualified;
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          9
Cap. 16.
( d ) on completion of such a sale, the liability of the
competent authority to pay the recognition rent to
which the land sold is subject and any charge of that
recognition rent on the Consolidated Fund shall cease,
but a special privilege on the immovable sold, ranking
and governed in every other way on a parity with the
privilege competent to the " dominus " over the
" dominium utile " under article 2010 of the Civil Code,
shall obtain on the immovable in favour of the person
entitled or of the persons jointly entitled to the
recognition rent thereon and who is not the purchaser
or are not the joint purchasers of the immovable;
( e ) a sale made by the competent authority of a part of a
parcel of land held by it on public tenure, as subject to
an apportioned part of the recognition rent due in
respect of the whole of that parcel of land, shall not as
a consequence bring about the obligation of the
competent authority either to guarantee payment of
that part of the recognition rent apportioned to the part
thus transferred of the parcel of land or to purchase
absolutely the residual ownership of any other part of
the same parcel of land, and no joint and several action
shall lie in respect of the different portions of the
original recognition rent;
( f ) on any such sale as aforesaid no fine or other
acknowledgement fee shall be due to the person
entitled or persons jointly entitled to receive the
recognition rent;
Cap. 16.
( g ) the relations between the purchaser or joint purchasers
of land previously held by the vendor on public tenure
and the person entitled or the persons jointly entitled
to receive a recognition rent thereon shall be governed
by the law of emphyteusis as set out in the Civil Code.
Termination of 
lease: 
compensation. 
Amended by: 
XXXI. 1947.9; 
XXIX.1969.2.
20. (1) When land, other than rural land, has been acquired by
a competent authority, either absolutely or for a time, or on public
tenure, and that land is subject to a lease other than an
emphyteutical lease, then, no compensation for the termination of
the lease shall be paid to the tenant or occupier, if a full year’s
notice to quit is given by the competent authority to such tenant or
occupier.
(2) If less than a year’s notice to quit is given, due compen-
sation shall be paid to the tenant or occupier.
(3) Compensation for the termination of the lease shall in no
case exceed the fair rent of the land for a period of two years.
(4) In fixing the amount of compensation within the limit
aforesaid, regard shall be had to the remaining period of the lease
and to all the circumstances of the particular case.
  10       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
Termination of 
lease of rural land: 
compensation. 
Added by: 
XXIX. 1969.3.
21. (1) When rural land has been acquired by a competent
authority either absolutely or for a time or on public tenure, and
that land is subject to a lease other than emphyteutical lease, there
shall be paid to the tenant or occupier of such land a fair
compensation in respect of any agricultural improvements carried
out by the tenant or occupier or by a member of the family in the
said rural land during the period of eight consecutive years
preceding the date of termination of the lease and an amount equal
to the value of the products gathered by the tenant, occupier or by a
member of the family from the said rural land, after deduction of
the expenses incurred towards its cultivation in the last four years
immediately preceding the date of such termination:
  Provided that there shall not be deducted as part of the said
expenses the cost of the tenant’s or occupier’s own labour or the
labour of any member of the family in the rural land.
(2) Notwithstanding the provisions of the last preceding
subarticle, if the compensation in respect of improvements referred
to in the said subarticle, or a part thereof, is payable to the owner of
the rural land in terms of the agreement governing the contractual
relations between such owner and the tenant or occupier of the rural
land, such compensation or the part thereof which is so payable
shall not be paid to the said tenant or occupier:
  Provided that the total aggregate sum payable to the tenant
or occupier of the rural land under the last preceding subarticle
shall in no case be less than the fair rent of the rural land for a
period of two years.
(3) In this article "member of the family" means a lineal
ascendant, a lineal descendant, a widow or a widower, a son-in-
law, and a widowed daughter-in-law while not remarried, of the
tenant or occupier.
Procedure. 
Amended by: 
XLV. 1946.11;
XXXI. 1947.10;
XI. 1989.2.
Substituted by:
XI. 2002.7.
22. (1) If the competent authority and the owner agree as to
the amount of compensation for any land, the Board, on the
application of any one of the parties, shall make an order carrying
the agreement into effect:
Provided that the amount of acquisition rent or recognition
in rent, as the case may be, shall be determined in terms of the
relevant provisions of article 27.
(2) Where the land is to be acquired by the absolute purchase
thereof (including the acquisition by conversion from possession
and use or public tenure into absolute ownership), the President’s
Declaration issued for the purposes of article 3, shall state the
amount of compensation which thc competent authority is willing
to pay for the land to which the declaration refers. The Declaration
shall have attached with it a valuation drawn up by an architect and
where available a site plan of the land described in the Declaration.
(3) Within fifteen working days from the publication of the
President’s Declaration as is referred to in subarticle (2) in the
Gazette the Government shall deposit in an interest bearing bank
account (which will guarantee a minimum of interest per annum as
the Minister responsible for lands may by regulation under this
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          11
subarticle prescribe) a sum equal to the amount of compensation
offered in the President’s Declaration. Such sum shall be freely
withdrawn together with any interests accrued thereon by the
person or persons entitled to such compensation upon evidence to
the entitlement thereto, in a manner satisfactory to the competent
authority.
(4) The competent authority shall signify its acceptance or
otherwise of the evidence submitted by the persons referred to in
the immediately preceding subarticle, by means of a judicial act
within two months from the submission of such evidence.
(5) The amount deposited as provided in subarticle (3) together
with any interests accruing thereon may be withdrawn as provided
in the said subarticle whether or not the sum deposited as
compensation has been accepted as the amount of compensation
due, and the withdrawal of such deposit interests shall not prejudice
the right competent to any person to take action according to this
Ordinance for the purpose of determining any further compensation
that may be payable to him in accordance with this Ordinance.
(6) Where the person entitled to compensation does not accept
that the amount deposited is adequate, such person may apply to the
Board for the determination of the compensation in accordance
with the provisions of this Ordinance. Such application shall, on
pain of nullity, state the compensation that in the opinion of the
applicant is due.
(7) Such application shall be filed in the Registry of the Board
within twenty one days from the notification of the judicial act by
the competent authority accepting proof of evidence in accordance
with subarticle (4). The Board shall determine such compensation
and shall give all necessary orders and directives in accordance
with this Ordinance.
Cap. 296.
(8) Upon the making of a Declaration by the President in
accordance with this Ordinance that any land is to be acquired by
the absolute purchase thereof, the absolute ownership of the land to
which the declaration refers shall be deemed to be a registration
area for the purposes of the Land Registration Act and the absolute
ownership thereof shall by virtue of this Ordinance and without any
further assurance or formality, be transferred to and be acquired by
the competent authority free and unencumbered from any charge,
hypothec or privilege and with all the appurtenances thereof, and
the competent authority shall cause such land to be registered in the
Land Registry in its name in accordance with the Land Registry Act
within three months from the issue of the Declaration of the
President.
(9) The right to withdraw the compensation deposited in
accordance with subarticle (3) and to any further compensation that
may be due under this Ordinance (hereinafter refered to as ''the
compensation rights'') shall be deemed to be an immovable right by
reason of the object to which it refers and shall be transferable
accordingly. Any charge, hypothec or privilege which prior to the
acquisition of the land by the competent authority attached to such
land, shall continue to attach to the compensation rights with the
  12       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
same ranking and priority as it attached to the land.
(10) Where the compensation payable in respect of land
acquired by the absolute purchase thereof is determined, whether
by agreement or by decision of the Board, any sum due as
compensation over and above any sum deposited in accordance
with this article together with interests thereon in accordance with
article 12(3), shall be paid to the person entitled thereto by the
competent authority not later than three months from the date on
which such compensation was determined as aforesaid.
(11) The compensation due for the acquisition by absolute
purchase of any land, and the sum to be deposited in accordance
with this article shall be:
( a ) in cases other than those falling under paragraphs ( b )
and ( c ), such compensation as is established in
accordance with the provisions of this Ordinance
regard being had to the value at the date of publication
of the Declaration by the President in the Gazette;
( b ) in the case of conversion from possession and use into
absolute purchase a sum arrived at by the
capitalisation at the rate of one per centum of the
annual acquisition rent due under the provisions of this
Ordinance;
( c ) in the case of conversion from public tenure into
absolute purchase a sum arrived by the capitalisation
at the rate of one point four per centum of the annual
recognition rent due under the provisions of this
Ordinance.
Cap. 358. (12) Property regulated by the Ecclesiastical Entities (Property)
Act, shall notwithstanding any provision of this Ordinance continue
to be governed by the provisions of the said Act, and the
procedures and criteria therein established for the determination of
compensation and the payment thereof shall apply accordingly.
Constitution of the 
Board and 
appointment of 
Panel. 
Amended by: 
III.1936.2; 
XLV. 1946.12; 
XXXIII.1971.2; 
IV.1975.2; 
L.N. 148 of 1975; 
XVII.1979.2. 
Substituted by: 
XIX. 1993.2.
23. (1) There shall be a Board to be known as the Land
Arbitration Board.
(2) The Board shall consist of a Chairman who shall be
appointed by the President of Malta. The Chairman shall be a
person who holds or has held the office of judge or a person who
holds the office of magistrate.
(3) The President of Malta may appoint several such judges or
magistrates to sit on the Board, but only one such judge or
magistrate shall sit in any one case.
Cap. 44.
(4) The President of Malta shall also appoint a Panel of
Architects and Civil Engineers from among persons who hold the
warrant to practice as architect and civil engineer according to the
provisions of the Architects Ordinance and who have practised that
profession in Malta for not less than seven years.
Cap. 12.
(5) The provisions of articles 733, 734, 735, 737 and 739 of the
Code of Organisation and Civil Procedure shall apply to the
Chairman and to the members of the Panel and any exception to
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          13
any member of the Panel shall be decided by the Chairman and
shall not be subject to appeal.
Oath to be taken by 
Chairman and 
members of the 
Panel 
Substituted by: 
XVII. 1979.3; 
XIX. 1993.2.
24. (1) Where the Chairman is a person who has held office of
judge but no longer holds such office he shall take and subscribe an
oath before the Attorney General to exercise his functions under
this Ordinance with impartiality and in accordance with the law.
(2) The members of the Panel shall not enter upon the duties of
their office unless they have taken and subscribed an oath before
the Chairman to exercise their functions under this Ordinance with
impartiality and in accordance with the law.
(3) The members of the Panel shall be appointed for a period of
two years and may be reappointed.
Powers of Board. 
Amended by: 
XXXI. 1947.11; 
L.N. 148 of 1975; 
XIX. 1993.2; 
XXIV.1995.360.
25. (1) The Board shall be competent - 
( a ) to order immediate possession of any land to be given
to the competent authority;
( b ) to order the transfer of any land to the competent
authority in absolute ownership or on public tenure; 
( c ) to order the subjection of land to any easement;
( d ) to order the termination of any lease;
( e ) to assess the amount of compensation payable under
any of the provisions of this Ordinance and for that
purpose to declare whether any area is a building site
or agricultural or waste land;
( f ) to order the execution of its own decisions.
Cap. 12.
(2)  ( a ) The Board shall have the same powers as are by law
vested in the Civil Court, First Hall, and, subject to the
provisions of this Ordinance, the provisions contained
in the Code of Organization and Civil Procedure shall,
as far as practicable, be applicable to the Board.
( b ) All acts shall be issued in the name of the Board and
signed by the Chairman.
( c ) The Chairman shall decide all questions in regard to
the admissibility of evidence, the competence of
witnesses, and all other questions relating to
procedure.
( d ) The Registrar of Courts or any other person deputed by
him shall be the registrar of the Board, and all acts
brought before the Board shall be kept in the Registry
of the Superior Courts which shall be the registry of
the Board.
Cap. 12.
( e ) All acts shall be filed, issued and served in accordance
with the provisions of the Code of Organization and
Civil Procedure, subject to any rules made under this
Ordinance.
(3) Whenever a question arises before the Board requiring the
valuation of any land or any other technical opinion in connection
  14       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
with any case before the Board, the Chairman shall assign two of
the members of the Panel to examine the land in question, or to take
cognizance of the record of the case relative to the matter in which
the technical opinion is requested; and such two members shall
present their report to the Chairman during the sitting or file the
said report in the Registry of the Board as the Chairman may direct.
(4) The Chairman may also require the members of the Panel
assigned to a case to attend the sitting of the Board when that case
is being considered by the Board if the said members require
additional information from the parties or need to hear any
particular witnesses.
(5) The Chairman shall only be bound by the reports of the two
members of the Panel assigned to a particular case whenever the
reports are unanimous; where unanimity is not reached by the said
two members, the Chairman shall on the basis of the reports
submitted by the said two members, decide the matter himself.
(6) No parties shall be heard on a day to be fixed by the Board.
(7) No appeal shall lie from the decision of the Board on any of
the above matters.
Questions to be 
decided by 
chairman as judge. 
Amended by: 
XXXIII. 1971.3; 
L.N. 148 of 1975.
26. Where, out of the proceedings before the Board, there
arises any question which is not included under article 25(1), the
Board shall reserve such question to be decided by the Civil Court,
First Hall, and shall fix a time-limit for the party raising such
question to bring it forward by writ of summons before the said
court; the Board shall then adjourn the proceedings until final
judgment thereon has been given by the civil courts or until the
expiry of the said time-limit, whichever shall be the earlier:
Provided that, if the party raising such a question before the
Board does not bring forward the relative action as aforesaid before
the Civil Court, it shall be lawful for the other party to bring
forward the action in the same manner as hereinbefore stated, and
in such case the proceedings before the Board shall not be resumed
until after the final judgment of the civil courts:
Provided further that -
( a ) the reservation of any point of law or fact shall not be
an obstacle to the competent authority obtaining
possession of any land within the period fixed by the
Board;
( b ) the competent authority shall not be bound to
intervene in any dispute which may arise between co-
owners; nor shall the competent authority bear any
additional expense due to the apportionment of the
compensation between the parties interested in the
land.
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          15
Assessment of 
compensation by 
Board. 
Amended by: 
XLV. 1946.13;
XXXI. 1947.12;
XXXI. 1966.2;
LVIII. 1974.68;
XIII. 1983.5; 
XIX. 1993.2;
XI. 2002.7.
27. (1) Without prejudice to any special provision contained
in this Ordinance, in assessing compensation the Board shall act in
accordance with the following rules:
( a ) no allowance shall be made on account of the
acquisition being compulsory;
( b ) the value of the land shall, subject as hereinafter
provided, be taken to be the amount which the land if
sold in the open market by a willing seller might be
expected to realize:
Provided that - 
(i) the value of the land shall be the value as at the
time when the President’s Declaration was
served, without regard to any improvements or
works made or constructed thereafter on the said
land and where the land was in the possession of
the competent authority immediately prior to the
service of the President’s Declaration no regard
shall be had, in assessing the value of the land,
to any improvements or works made or
constructed by the competent authority while in
possession of the land;
(ii) where a part only of the land belonging to any
person is taken under this Ordinance, any
enhancement of the value of the residue of the
land by reason of the proximity of any
improvements or works made or constructed by
the competent authority within eighteen months
before the publication of the President’s
Declaration, or to be made or constructed by the
competent authority within eighteen months
after the publication of the President’s
Declaration shall be taken into consideration;
(iii) the damage, if any, sustained by the owner by
reason of the severance of the land from other
land belonging to such owner or other injurious
effect upon such other land by reason of the
exercise of the powers conferred by this
Ordinance, shall be taken into consideration;
(iv) where damage has been sustained by reason of
any works done in or upon the land, regard shall
be had to any increase in the value of the land by
reason of any improved drainage and any other
advantage derived from any such works.
(2) When the compensation to be assessed is in respect of the
possession and use only of an old urban tenement and not also of
the ownership thereof, the amount of the acquisition rent shall be
assessed at the yearly rent of the tenement as shown on the registers
of the Land Valuation Office.
(3) Where, however, - 
  16       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
Cap. 116.
( a ) the fair rent of an old dwelling house as unfurnished
has been assessed by the Rent Regulation Board under
the provisions of the Rent Restriction (Dwelling
Houses) Ordinance, or
Cap. 69.
( b ) the rent of an old urban tenement let unfurnished at a
rent not in excess of forty liri a year has, after the 31st
March, 1939, been assessed by the Rent Regulation
Board under the provisions of the Reletting of Urban
Property (Regulation) Ordinance on consideration of
the reports of the two members of the Panel assigned
to that case by that Board or the report of the technical
members of that Board, as the case may be, following
an inspection by them of the building, or
Cap. 69.
( c ) the rent of an old dwelling house let unfurnished at a
rent in excess of forty liri but not in excess of fifty liri
a year or of an old shop (within the meaning of the
Reletting of Urban Property (Regulation) Ordinance)
let unfurnished at a rent in excess of forty liri a year
has, at any time between the 1st April, 1939, and the
11th June, 1940, been increased under the provisions
of article 14(2) of the Reletting of Urban Property
(Regulation) Ordinance, or
( d ) the rent of an old dwelling house let unfurnished at a
rent in excess of fifty liri a year has been increased at
any time between the 1st April, 1939, and the 11th
June, 1940,
the yearly rent so assessed, or mutually agreed upon, shall
constitute the assessment of the acquisition rent payable in respect
of the possession and use of the old urban tenement concerned.
(4) Where two or more determinations in respect of the same
building have been given by the Rent Regulation Board (referred to
in subarticle (3)) the assessment made by the last determination
shall constitute the assessment of the amount of the acquisition rent
if that determination was given following an inspection of the
building by the two members of the Panel assigned to that case by
that Board, or by the technical members of that Board, as the case
may be, and on consideration of their report.
(5) Where a determination has been given by the Rent
Regulation Board subsequently to an increase of rent referred to in
subarticle (3)( d ) the rent fixed by that Board shall constitute the
assessment of the amount of the acquisition rent, if that
determination was given following an inspection of the building by
the two members of the Panel assigned to that case by the Board, or
the technical members of that Board, as the case may be, and on
consideration of their report.
(6) Where the yearly rent of an old urban tenement has not
been assessed by the Rent Regulation Board as set out in
subarticles (3), (4) and (5) and the competent authority or the
owner proves that the average yearly rent of the building during the
five years from the 1st April, 1934, to the 31st March, 1939, was
different to that shown on the registers of the Land Valuation
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          17
Office, such average yearly rent shall constitute the assessment of
the amount of the acquisition rent instead of the rent as shown on
the registers of the Land Valuation Office.
(7) For purposes of this Ordinance, any determination referable
to any part in use of an urban tenement damaged or partly
demolished by enemy or counter enemy action, which may have
been made by the Rent Regulation Board upon consideration of that
damage or partial demolition, shall be deemed to be inoperative.
Cap. 116.
(8) The acquisition rent to be assessed in respect of the
possession and use of a new urban tenement shall be equal to the
yearly rent determined by the appropriate board under the
provisions of the Rent Restriction (Dwelling Houses) Ordinance, or
in default of any such determination, by the Land Arbitration Board
in accordance with the rules contained in the said Rent Restriction
(Dwelling Houses) Ordinance, applicable to the assessment of the
yearly rent of a new urban tenement.
(9) The amount of the acquisition rent in respect of the
acquisition for possession and use of building sites not being urban
tenements, of agricultural lands, or of waste lands shall be assessed
at the estimated yearly rental value thereof as on the 31st March,
1939.
(10)  For the purpose of assessing acquisition rent under
subarticle (9) land shall be considered as agricultural land, a
building site or waste land as the case may have been on the 31st
March, 1939, and no consideration shall be taken of contingencies
through which its nature or its value may have been altered since
the 31st March, 1939, provided that the provisions contained in
subarticle (12) shall apply to such structural additions as may have
been effected on the land, between the 1st April, 1939 and the 28th
November, 1946.
(11)  For the purpose of subarticle (9) the yearly rental value of
a building site means the estimated yearly ground rent at which that
site could reasonably have been granted on 31st March, 1939, on
emphyteusis in perpetuity; and the yearly rental value of waste land
means the estimated yearly ground rent at which that land could
reasonably have been granted on the 31st March, 1939, on a ninety-
nine year emphyteusis inclusive of the emphyteuta’s undertaking to
improve the land for agricultural purposes.
(12)  In the case of structural alterations or additions effected on
the land between the 1st April, 1939, and the date of the declaration
made by the President of Malta under article 3, the acquisition rent
as fixed in the foregoing articles - not being rent previously fixed
or revised by the Land Valuation Officer or previously fixed by the
Rent Regulation Board after the alterations or additions were
carried out - shall be revised by the competent authority and the
owner, and, in case of disagreement, by the Board on the
submission of either of them.
(13)  The compensation in respect of the acquisition of any land
on public tenure shall be equal to the acquisition rent assessable in
respect thereof in accordance with the provisions contained in
subarticles (2) to (12), inclusive, of this article, increased ( a ) by
  18       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
forty  per centum  (40%) in the case of an old urban tenement and ( b )
by twenty  per centum  (20%) in the case of agricultural land.
(14)  The first payment of acquisition rent in respect of land of
which possession and use is required for a public purpose shall be
due as from the date of acquisition by the competent authority of
possession of that land.
(15)  Acquisition rent payable by the Government of Malta shall
be a charge on the Consolidated Fund without any further
appropriation than this Ordinance.
(16)  Acquisition rent shall be fixed on a yearly basis but shall
be paid half yearly in advance:
Provided that the competent authority at its option may at
any time pay a broken amount in respect of any one or more parcels
of land in order to regulate the due dates of payment thereafter in
respect thereof.
(17)  Recognition rent payable by the Government of Malta shall
be a charge on the Consolidated Fund without any further
appropriation than this Ordinance.
(18)  The provisions concerning acquisition rent contained in
subarticles (14) and (16) shall apply  mutatis mutandis  to
recognition rent.
(19)  Besides the acquisition rent or, as the case may be,
recognition rent to be assessed in accordance with the provisions of
this Ordinance, the competent authority in the circumstances set
out hereunder, but not otherwise, shall in addition pay in one lump
sum to the person from whom possession of the land has been
compulsorily acquired a sum to be mutually agreed upon between
the parties concerned, or, in default of agreement, to be assessed by
the Board and in every case in the first instance the amount which
the competent authority is offering for the purposes of this
subarticle shall be included in the President’s Declaration together
with the statement as to the amount of compensation referred to in
article 22(2). Such an additional sum shall not be payable except
to- 
( a ) the possessor of the things which, on the date of the
declaration referred to in article 3, were  bona fide
serving for the furnishing of a dwelling house acquired
by the competent authority and subject to the
provisions contained in article 20(2), (3) and (4) not
being applicable, and in such case the additional
payment shall be equal to the reasonable cost of
removing those furnishings to the dwelling house or to
the place of storage reasonably selected by the same
possessor; and
( b ) the occupier of a  bona fide  trading establishment
acquired by the competent authority and subject to the
provisions contained in article 20 not being applicable,
and in such case the additional payment shall be equal
to the value of the goodwill of the same establishment
computed at not more than the net profits made at that
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          19
establishment by the same occupier during the two
years ending on the date of the declaration referred to
in article 3 if on that date the same occupier has been
in occupation of those premises for not less than thirty
months, or, in default of such occupation for at least
thirty months, at not more than the net profits that
would be likely to be made at that establishment by the
same occupier during two years beginning on the
termination of six months from the day when that
occupier first started business in that establishment:
Provided that if the provisions of article 20(2), (3) and (4)
are applicable in respect of the occupier of a  bona fide  trading
establishment, the additional compensation payable shall not
exceed the amount provided in subarticle (3) of that article or the
amount provided in paragraph ( b ), whichever is the greater.
Compensation for 
land damaged by 
enemy action. 
Added by: 
XXXI.1947.13. 
Amended by: 
LVIII.1974.68; 
XLIX. 198I.6.
28. (1) When the land has been damaged by enemy or counter-
enemy action and the owner thereof was thereby entitled or might
have been entitled to compensation under the War Damage
Ordinance, 1943, *  the compensation payable in accordance with
the provisions of this Ordinance in respect of the compulsory
acquisition of the full ownership or of the public tenure of the land
or of the conversion into either title of the possession and use or of
the public tenure of the land previously held by the competent
authority, shall, where such compensation is computed by reference
to the value of the land undamaged, be deemed to include full
consideration in respect of the assignment by the owner to the
competent authority of all claims competent to the owner under the
War Damage Ordinance, 1943,* aforesaid up to the day when the
competent authority takes possession of the land. In every case
such assignment as aforesaid shall be deemed to be an integral part
of any compulsory acquisition.
(2) In the case of land so damaged, however, the competent
authority shall be entitled to deduct from any compensation
payable under this Ordinance - 
( a ) any balance not yet fallen due of the ten half yearly
direct contributions, if any, payable in respect of that
land under the said War Damage Ordinance, 1943*,
and any arrears of such contributions which may have
fallen due by the owner in respect thereof;
( b ) any sum or sums which may have been advanced by
the War Damage Commission to the owner when the
works, on the date of the declaration made by the
President of Malta under article 3, have not been
carried out, or, when only a part of the works have
been carried out on that day, a proportionate part of the
sum or sums so advanced.
(3) Where the owner of any land to which the provisions of
subarticle (1) apply establishes that but for those provisions he
would have been entitled to claim interest upon a value payment
*Repealed by Act XXIX of 1980.
  20       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
from the War Damage Commission, there shall be payable to him
by the competent authority a sum equal to the amount of the
acquisition rent which would have been payable to him under the
provisions of article 27 if the land had been compulsorily acquired
for temporary possession and use as at the date upon which such
interest would begin to accrue and continuing up to the date at
which the land was in fact acquired.
(4) If in any case to which the provisions of subarticle (3)
apply the owner has during the relevant period received rent from a
tenant who was a tenant at the commencement of the said period,
the sum payable to the owner in lieu of interest shall be reduced by
the amount of rent so received during the said period and the
difference shall be payable to the tenant.
Clearance rights. 
Amended by: 
V.1949.4, 5, 6, 7 8, 
9, 10; 
XIlI.1983.5.
29. (1) When for any public purpose any land is declared to be
subject to clearance rights, no owner shall build or erect any
structure on any land declared to be so subject or increase the
height of any existing structure without the permission of the
Board.
(2) When for any public purpose any land is declared subject to
subsoil rights, no owner shall make any new or extend any existing
underground work or excavation without the prior permission, in
writing, of the Board.
(3) When for any public purpose any land is declared to be
subject to clearance rights or to subsoil rights, no compensation
shall be payable by reason only of the subjection of the land to such
rights or to the possession, by the competent authority, of any
underground work or excavation made or constructed by any
competent authority, but the following provisions shall apply.
(4) The demand for the permission referred to in subarticle (1)
and subarticle (2) shall be made by filing an application together
with a plan showing the buildings or other structures proposed to be
erected and the work or excavation proposed to be made. The
Board shall forthwith cause notice of the application to be given to
the competent authority.
(5) If the competent authority shall not oppose the application
within twenty-one days after notice of the application shall have
been given to the competent authority, the application shall be
granted by the Board.
(6) If the competent authority shall oppose the grant of the
permission, the Board shall, on the application of the person
requiring the said permission, determine the compensation payable
by reason of the refusal of the competent authority to allow the
erection of the proposed buildings or other structures or the making
of the proposed underground work or excavation. When
compensation is paid under the provisions of this article, the Board
shall specify the area in respect of which the compensation is
granted, and in such case no further compensation shall at any time
thereafter become payable for clearance rights or subsoil rights, as
the case may be, in respect of that area, saving the provision of the
last part of subarticle (9).
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          21
(7) No compensation shall be payable unless it is shown to the
satisfaction of the Board - 
( a ) that the proposal to build or to increase the height of
existing buildings or to make any new or extend any
existing underground work or excavation is a genuine
intention on the part of the owner;
( b ) that no alternative proposal can be adopted which,
while not detrimental to the owner, is acceptable to the
competent authority.
(8) Where any land has been declared subject to clearance or
subsoil rights, any person who makes, builds or erects any structure
or increases the height of any structure on the land or who makes
any new or extends any existing underground work or excavation in
such land, without the prior permission, in writing, of the
competent authority, shall, within ten days after due notice in
writing has been given to him in that behalf by the competent
authority - 
( a ) remove any structure so made, built or erected or any
such increased part of a structure; and
( b ) fill in any new or extended underground work or
excavation, and restore the land to its condition prior
to the making of the new or extended work or
excavation,
and in the event of the notice not being complied with, the
competent authority may order such part of a structure to be
demolished, or such work or excavation to be filled in and the land
restored, at the expense of the person erecting such structure or
increased part of a structure or making such new or extended
underground work or excavation, without any compensation to
such person, and such expense shall be recoverable from him in the
same manner as a fine, and he shall be liable, on conviction
therefor, to a fine ( multa ) not exceeding twenty liri for non-
compliance with such notice.
(9) Land subject to clearance rights under this article may be
released by the competent authority from such rights, provided the
owner consents to accept the release and pays to the competent
authority such fair compensation as may be agreed upon or, in
default of agreement, as may be fixed by the Board. Payment of
compensation for the release from clearance rights may only be
demanded by the competent authority where compensation has
been paid for the subjection of the land to clearance rights in
accordance with this article. Land released from clearance rights
may again be declared subject to such rights.
(10)  Where any land is declared subject to subsoil rights, the
competent authority may retain the possession of any underground
work or excavation which was constructed by the competent
authority therein prior to the coming into force of this subarticle
and may make or extend therein any underground work or
excavation and use it for such purposes as it considers necessary:
Provided that the competent authority shall take all
  22       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
reasonable precautions to ensure the safety and stability of any
buildings or other structures on the surface of such land and any
well, cellar or other underground structure used and enjoyed in
connection with the occupation of such surface, and in case of
injury to any such structure shall either repair and restore it to its
former condition or pay compensation to the owner for any loss
sustained by him by reason of such injury and the amount of such
compensation shall, if the parties fail to agree thereto, be referred
to and determined by the Board.
Right to order 
temporary 
evacuation of land.
Amended by: 
LVIII.1974.68; 
XIII.1983.5; 
VIII.1990.3.
30. (1) The President of Malta may by notice in the
Government Gazette order the evacuation of any area where danger
to life or limb is possible as a result of naval, military or air
operations, and while such order is in force the danger area and all
houses and buildings within that area shall be vacated by the
tenants or occupiers and by any other person, and no responsibility
shall lie with the naval, military or air authorities in consequence of
any personal injury which may derive to any person within the
danger area as a result of the said operations. Any person remaining
in the danger area while any such order is in force shall, on
conviction by the Court of Magistrates, be liable to a fine not
exceeding two liri.
(2) Compensation for temporary evacuation shall be paid to
any person who has incurred loss or expense in consequence of the
evacuation.
(3) In the event of any compensation payable under this article
not being agreed upon between the competent authority and the
claimant, the amount thereof shall be determined by the Board in
the manner provided in this Ordinance.
Costs. 
Amended by:
XXXI. 1947.14;
XI. 2002.7.
31. (1) Where the competent authority has made an offer in
writing of any sum whether payable periodically or as a lump sum
as compensation to an owner and the sum awarded by the Board to
that owner does not exceed the sum offered, the Board shall order
the owner to bear his own costs and to pay the costs of the
competent authority so far as they were incurred after the offer was
made.
(2) Where an owner does not accept the offer of the competent
authority and claims that the amount due as compensation should
be higher indicating such sum whether payable periodically or as a
lump sum as compensation and has complied with the provisions of
articles 9 and 12, and the sum awarded is equal to or exceeds that
sum, the Board shall order the competent authority to bear their
own costs and to pay the costs of the owner so far as they were
incurred after the counter-offer was made.
(3) Where an owner does not accept the offer of the competent
authority and claims that the amount due as compensation should
be higher, indicating such sum, whether payable periodically or as
a lump sum, as compensation, and has complied with the provisions
of articles 9 and 12, and the sum awarded is more than that offered
by the competent authority but less than that claimed by the owner,
then all costs shall be borne by the parties in proportion that the
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          23
difference in the amount offered by the competent authority and
that determined by the Board has to the difference in the amount
claimed by the owner and the amount determined by the Board.
(4) Subject as aforesaid all costs shall be in the discretion of
the Board who may direct to and by whom and in what manner
those costs shall be paid:
Cap. 12.
Provided that such costs shall be in accordance with such
scale as may be prescribed by rules under this Ordinance, or, until
such rules shall be made, in accordance with the tariffs annexed to
the Code of Organization and Civil Procedure.
(5) Where the Board orders the owner to pay the costs or any
part of the costs of the competent authority, the competent
authority may deduct the amount so payable by the owner from the
amount of the compensation payable to him.
Competent 
authority not 
compelled to 
complete 
acquisition of land.
32. (1) Nothing in this Ordinance shall be taken to compel the
competent authority to complete the acquisition of any land unless
the competent authority shall have entered into possession of the
land or have failed within one month of the decision of the Board to
intimate to the Board that the competent authority do not intend to
proceed with the acquisition:
Provided that the owner of the land shall be entitled to
receive from the competent authority all such costs as may have
been incurred by him by reason or in consequence of the
proceedings for acquisition and compensation for the damage (if
any) which he may have sustained by reason or in consequence of
the notice of intended acquisition.
(2) The amount of such costs and compensation shall, in
default of agreement, be determined by the Board.
Effect of service of 
notice.  
Amended by:
LVIII. 1974.68;
XI. 2002.7.
33. The fact that any notification has been served upon any
person shall not be taken as an admission by the competent
authority that the person on whom such notice has been served or
any other person has any estate or interest in the land or any part of
the land specified in the notice, and shall not debar the competent
authority from alleging in any proceedings under this Ordinance or
otherwise that all rights in or in relation to such land are vested in
the President of Malta.
Penalty for 
obstruction. 
Amended by: 
XIII. 1983.5.
34. Any person who shall wilfully hinder or obstruct any
person duly authorized from entering upon or taking possession of
or using any land in pursuance of the provisions of this Ordinance,
or who shall molest, hinder or obstruct any such person shall be
liable to a fine not exceeding fifty liri or to imprisonment for a term
not exceeding three months.
Rules. 
Amended by: 
L.N. 4 of 1963; 
XIX. 1993.2;
VI. 2001.9.
35. (1) The Minister responsible for justice may make rules,
including rules as to forms, costs, and fees, for carrying this
Ordinance into effect; and unless and until other provision shall be
made under this Ordinance, the forms contained in the Schedule to
this Ordinance shall have effect:
  Provided that no nullity shall ensue if another form is used
  24       CAP. 88. ħ         LAND ACQUISITION (PUBLIC PURPOSES)   
which complies substantially with the requirements of the forms in
the Schedule.
(2) Without prejudice to the generality of subarticle (1), the
Minister responsible for justice may by notice prescribe -
( a )  the fees payable to the members of the Panel;
( b ) the fees due to advocates and legal procurators for any
proceedings before or in connection with the board;
and
( c )  the fees payable to the registry of the board:
Cap. 12.
Provided that until fees are prescribed by the Minister
under paragraphs (b) and (c), the fees established in Schedule A to
the Code of Organization and Civil Procedure shall apply.
Saving. 36. Nothing in this Ordinance contained shall affect any rights
acquired by a competent authority under the Order-in-Council of
the 26th October, 1896. * *
Amended by:
XXXI. 1947.15;
V. 1949.11;
XI. 1962.3;
XIV. 1966.3; 
LVIII. 1974.68;
XIII. 1983.5;
XI. 2002.7.
SCHEDULE 
(A R T I C L E S  3, 4, 8, 9, 12, & 35)
DECLARATION BY PRESIDENT OF MALTA
I hereby declare that the undermentioned land is required by the
competent authority for a public purpose in accordance with the
provisions of the Land Acquisition (Public Purposes) Ordinance
(Chapter 88)* and that the acquisition thereof is to be / by absolute
purchase. / for the possession and use thereof for a period of
............ years. / for the possession and use thereof for such time as
the exigencies of the public purpose require. / by way of public
tenure. / by way of the imposition thereon of an easement ( here
state the easement to be imposed ); or namely in order that it may be
examined with a view to its possible acquisition.
The compensation / recognition rent / acquisition rent offered is
Lm .............. / Lm ............. per annum as per valuation herein
attached drawn up by architect ....................... .
I further declare that the possession of the land is required by the
competent authority within         days from the date on which this
Declaration shall be served on the owner or owners of the land.
**This Order-in-Council was published in Malta by Govt. Not. No. 183 of the 19th
November, 1896.
              LAND ACQUISITION (PUBLIC PURPOSES)  ġ CAP. 88.          25
DESCRIPTION OF LAND 
1.
2.
3. 
*Omit whichever does not apply.
President
 Notice of President of Malta’s Declaration and of particulars of
land.
In the Land Arbitration Board.
Date.........................
To  (here insert name of owner or owners).
A.B. in his capacity as Commissioner of Land hereby serves on
you a copy of a Declaration by the President of Malta (Exhibit A)
declaring that the land is required for a public purpose in the
manner specified therein. The land referred to is the following:
(here insert particulars of land ).
PROCLAMATION BY PRESIDENT OF MALTA 
WHEREAS by virtue of Article 4 of the Land Acquisition
(Public Purposes) Ordinance (Chapter 88) it is provided that the
President of Malta may for any public purpose declare any land to
be subject to clearance rights or to subsoil rights:
AND WHEREAS the property shown in the Schedule hereto is
required to be declared subject to ................................................  *  
NOW THEREFORE I, in pursuance of the said article 4 of the
said Ordinance, do hereby proclaim that the property shown in the
Schedule hereto is subject to ........................................................ *
SCHEDULE 
...................................................................................................
...................................................................................................
The Palace, Valletta, this                                  day of 19         
*Note: here insert - 
           "clearance rights" 
           "subsoil rights", or 
           "clearance and subsoil rights"
as the case may be.
