  PORTE DES BOMBES AREA (PRESERVATION)   ġ CAP.  74.   1
CHAPTER 74
PORTE DES BOMBES AREA (PRESERVATION) 
ACT 
To provide for the preservation of the area outside Porte des Bombes.
(5th July, 1933) *
Enacted by ACT XX of 1933, as amended by Acts XIII of 1983 and XXIV
of 1995.
Short title.
(Preservation) Act.
Definition of area.
Amended by:
XXIV.1995.360.
2. In this Act - 
"the area outside Porte des Bombes"  †  means the whole public
space between Pieta Creek, Porte des Bombes and the public
gardens at Blata l-Bajda, Marsa, shown in red on the plan which,
after the introduction of this Act, was laid on the table of the Senate
and of the Legislative Assembly and a copy whereof, signed by the
Governor, the Chief Clerk of the Legislative Assembly is hereby
ordered to attach to the fair copy of this Act which, in terms of
section 52 of the Malta Constitution Letters Patent, 1921, he is
required to cause to be enrolled on record in the Office of the
Registrar of Courts.
Area declared to be 
a non-building area 
and  extra  
commercium.
3. The area outside Porte des Bombes is hereby declared to be
a non-building area and excluded from commerce, and any deed of
conveyance of any part of such area or of any real right over such
area which any Government Administration may make in favour of
any third party shall be null.
Any person may 
sue for a 
declaration of 
nullity in respect of 
any grant made by 
the Government.
Amended by: 
XXIV.1995.360.
4. (1) The right of action for a declaration of nullity in
respect of any transfer made in contravention of this Act shall
appertain indistinctly to any person and he shall not be required to
show any private interest in support of his action.
(2) No fee shall be charged by the Registrar of Courts in
respect of the filing by the plaintiff of any judicial act in
connection with the exercise of the said action or of the service of
any such act, and no registry fee shall be levied in respect of any
decision on such action.
Any person may 
sue for the 
demolition of any 
building erected on 
such area.
5. It shall likewise be competent to any person, in the public
interest, to bring an action for the demolition of any building or
other structure erected by any person, or by the Government, on the
area outside Porte des Bombes.
* See  Government Notice No. 218 of the 19th of June, 1933 and Act No. V of 1927
omitted under the Malta Statute Law Revision Ordinance, 1936, and the Statute Law
Revision Act, 1980.
† See  the Porte des Bombes Area (Exemption) Act, (Chapter 119) exempting a
specified site from the provisions of this Act.
  2        CAP. 74. ħ         PORTE DES BOMBES AREA (PRESERVATION)
Reward to plaintiff 
in case of 
successful action.
Amended by: 
XIII. 1983.5.
6. In any action under sections 4 and 5 the court shall, in
allowing the claim, order the defendant to pay to the plaintiff a sum
not less than fifty liri nor exceeding five hundred liri:
  Provided that such sum shall be awarded to that plaintiff only
who shall first have brought with success the proper action under
this Act.
