                       SPECIAL DEVELOPMENT AREAS  ġ CAP. 149.          1
CHAPTER 149
SPECIAL DEVELOPMENT AREAS ACT
To make provision for the stabilization of values and the control of land
in areas earmarked for special development by the Government. 
(18th May, 1956) *
Enacted by ACT IX of 1956, as amended by Legal Notice 4 of 1963; and
Act XIII of 1983.
Short title.
Act.
Interpretation. 
Amended by: 
L.N. 4 of 1963.
2. In this Act, unless the context otherwise requires -
"building" includes any structure whatsoever;
"Director" means the Director of Public Works;
"Special Development Area" means an area in respect of which a
declaration has been made by the Minister under section 3 of this
Act. 
Declaration by 
Minister that area 
is a Special 
Development 
Area. 
Amended by: 
L.N. 4 of 1963.
3. (1) Where the Government has earmarked an area within
Malta for public acquisition with a view to its development for a
public purpose other than that merely of town planning the Minister
responsible for public works may declare such an area to be a
Special Development Area for the purposes of this Act.
(2) No person shall require any proof of the purpose referred to
in subsection (1) of this section other than the declaration of the
Minister.
(3) Whenever any declaration is made as aforesaid, the
Director shall cause a copy of such declaration, together with
particulars sufficient for the purpose of identifying the area, to be
published in the Government Gazette and to be posted up on the
notice-board of the Police Station or each of the Police Stations of
the towns or villages where or within the limits of which the area is
situated.
(4) A copy of the said declaration together with a plan of the area
to which the declaration refers shall also be made available for
inspection by the public at the Office of Public Works, Valletta,
and in the branch offices, if any, of the towns or villages referred to
in subsection (2) of this section.
(5) A declaration made under this section shall continue in
force for a period of five years from the date on which it was made
unless it is previously revoked.
(6) The Minister may, from time to time, amend, suspend or
revoke any declaration previously made by him. Any such
amendments, suspension or revocation shall be notified in the
Government Gazette.
* See  Government Notice No. 306 of the 21st of May, 1956.
  2        CAP. 149. ħ                SPECIAL DEVELOPMENT AREAS
 In the case of amendment of such declaration the provisions of
subsections (3) and (4) of this section shall apply as in the case of a
new declaration.
Effects of 
declaration.  
Amended by: 
L.N. 4 of 1963.
4. (1) As from the date of publication in the Government
Gazette of the declaration made by the Minister as provided in the
last preceding section and so long as such declaration continues in
force the following provisions of this section shall apply in regard
to any land or buildings comprised within the Special Development
Area.
(2) No person shall lay out or construct any building or
increase the height of any existing building or do any other work in,
on, over or under the land or building other than ordinary
maintenance works in the case of buildings and ordinary cultivation
works in the case of agricultural land without the permission in
writing of the Director who may refuse to grant any such
permission at his discretion:
  Provided that in respect of the areas described in paragraphs A
and B of the Schedule to this Act the restrictions imposed by this
subsection shall be deemed to have had effect as from the 15th and
the 28th of November, 1955, respectively.
Cap. 88.
(3) The value of any such land or building which the
Government acquires by absolute purchase shall, for the purposes
of the compensation payable under the Land Acquisition (Public
Purposes) Ordinance but notwithstanding anything to the contrary
contained in that Ordinance, be the value of the land or building as
at the date of the publication in the Government Gazette of the
declaration made as provided in section 3 of this Act or, in the case
of an amendment of such declaration whereby an area to which
such declaration refers is extended and in respect of the areas so
added, the value at the date of the publication in the Government
Gazette of that amendment:
  Provided that in respect of the areas described in the Schedule
to this Act such value of any land or building comprised therein
shall be its value as on the 14th of July, 1955.
Director of Public 
Works may release 
lands and buildings 
from the operation 
of this Act.
5. The Director may at any time by writing under his hand
release any one or more individual lands or buildings from the
operation of this Act either absolutely or subject to such conditions
as he may make and thereupon the provisions of this Act shall
consistently with the terms of such release cease to apply to those
lands, or buildings.
Government may 
not be compelled 
to acquire lands or 
buildings. 
Amended by: 
L.N. 4 of 1963.
6. Nothing in this Act shall be construed as requiring the
Government to acquire any land or building comprised in a Special
Development Area:
                       SPECIAL DEVELOPMENT AREAS  ġ CAP. 149.          3
  
Cap.  88.
Provided that, unless such land or building is acquired by the
Government or released from the operation of this Act within one
year from the date of the publication of the Minister’s declaration
made under the provisions of section 3 of this Act, the owner shall
thereafter and up to the time the land or building is either acquired
by the Government or released be entitled to compensation for the
loss which he proves to have actually suffered in consequence of
the subjection of the land or building to the restrictions imposed by
this Act but the amount of such compensation shall in no case
exceed an amount equal to five  per centum per annum  on the value
of the land or building, to be determined as in the case of
acquisition after taking into consideration subsection (3) of section
4 of this Act. The compensation shall in default of agreement be
fixed by the Land Arbitration Board established under the
provisions of the Land Acquisition (Public Purposes) Ordinance.
Order to remove 
unauthorised 
works. 
Amended by: 
XIII.1983.4,5.
7. Any person who lays out or constructs any building or who
increases the height of any existing building or does any other work
in, on, over or under any land or building comprised in a Special
Development Area otherwise than in accordance with subsection
(2) of section 4 of this Act shall remove the same within ten days
after due notice is given to him for that purpose by the Director;
and, in the event of the notice not being complied with, the Director
may order the works to be removed at the expense of the person by
whom the same was done without any compensation to that person
and the expense of such removal shall be recoverable from that
person as a civil debt and that person shall moreover be guilty of an
offence for non-compliance with the said notice and shall be liable
on conviction to a fine ( ammenda ) not exceeding twenty liri
(Lm20).
Provisions of this 
Act are in addition 
to those of other 
laws. 
Cap. 88.
8. This Act shall, except to the extent that it is inconsistent
therewith, be in addition to and not in derogation of the provisions
of the Land Acquisition (Public Purposes) Ordinance or any other
law and nothing herein shall in any way affect the right of the
Government to acquire or otherwise deal with any land or property
in accordance with those provisions and in particular the right to
acquire land or property by any method other than absolute
purchase.
SCHEDULE 
A. An area situated between Marsa, Paola and Luqa and bounded:
On the North  by Marsa Cross Road, Jetties Wharf and
Shipwright’s Wharf;
On the East  by Paola Hill, Valletta Street (Paola) and
Britannia Street (Paola);
On the South  by Palm Street, the Addolorata Cemetery, Lane
ta’ Hal Saflieni and a Government rural tenement known as
"Tal-Qtates";
On the West  by Valletta Road (Luqa), Marsa Racecourse and
  4        CAP. 149. ħ                SPECIAL DEVELOPMENT AREAS
a lane leading from Marsa Racecourse to Marsa Cross.
The area is shown edged purple on a plan which may be seen
on demand at the Office of Public Works, Valletta.
B. An area situated in Marsa and bounded:
On the North  by Pinto Road and Spencer Hill; 
On the West  by Marsa Cross Road;
On the South and on the East  by the Grand Harbour.
The area is shown edged purple on a plan which may be seen
on demand at the Office of Public Works, Valletta.
