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The Land Acquisition (Public Purposes) (Amendment) Act, 2005 (Bill No. 58)

A BILL

entitled

AN ACT to amend the Land Acquisition (Public Purposes) Ordinance

(Cap. 88).

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled and by the authority of the same, as follows>-

Short title and commencement.

Amendment of article 2 of

the principal law.

Amendment of article 12 of the principal law.

Substitution of articles 17 and 18

of the principal law.

1. The short title of this Act is the Land Acquisition (Public Purposes) (Amendment) Act, 2005 and the Act shall be read and construed as one with the Land Acquisition (Public Purposes) Ordinance, hereinafter referred to as “the principal law”.
2. In article 2 of the principal law, the definition “built up area”
shall be deleted.
3. In the marginal note to article 12 of the principal law, the words “Contents of notice to treat.” shall be substituted by the words “Rights of Government over land.”.
4. Articles 17 and 18 of the principal law shall be substituted by the following>

“Valuation of land

not being

a building site.

Building

Sites.

17. Any land which is not a building site shall be valued for the purpose of determining the compensation payable in the case of compulsory acquisition as rural land or as wasteland, as the case may be>
Provided that in determining such compensation, consideration shall be given to the value of any structures existing thereon and whether such structures are covered by a permit according to law.
18. (1) Land shall be deemed to be a building site if it falls within the limits of a building scheme or a local plan for the time being in force under any law relating to planning.
(2) In determining the compensation due for a building site, consideration shall be given to the use or development that can be made thereof or thereon in accordance with such building scheme or a local plan.”.
C 417
5. Immediately after article 18 of the principal law there shall be added the following new article>

Addition of new article 18A to the principal law.

“Valuation of land expropriated prior to 2003.

18A. Notwithstanding the provisions of this or any other law, the value of any land -
(a) still in the course of acquisition on the 1st
January 2005<
(b) in respect of which a declaration under article
3 was issued before the 5th March 2003, and
(c) in respect of which a notice to treat was not issued before the 1st January 2005 under the provisions of this Ordinance as in force before the date mentioned in this paragraph,
shall, saving any interests due until payment is made under sub-article (3) of article 12 of this Ordinance, be its value as on the 1st January 2005.”.
6. In article 33 of the principal law, for the words “President of
Malta” there shall be substituted the words “Government of Malta”.

Amendment of article 33 of the principal law.

C 418

Transitory provision.

7. The provisions of article 4 of this Act shall only apply to land in respect of which a declaration under article 3 of the Ordinance was issued after the coming into force of this Act.

Object and reasons

The main object of this Bill is to provide for more certain and fairer criteria to determine whether land is a building site or otherwise for the purpose of compensation in the case of expropriation, and to regulate the value of land compulsorily taken possession of prior to 2003.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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