Chamber of Advocates

Chamber of Advocates Newsletter: June-August 2025

This is the Chamber of Advocates’ newsletter for the months of June to August 2025. We hope that all our members are enjoying or have already enjoyed a period of well-derserved rest! The Chamber would like to thank all those who attended our summer event at Samizu. We look forward to our next event which will be the St Ivo one in December. During the summer period, the Chamber has issued two press releases which were already circulated to its members via email. The first one related to Bill 143 [Development Planning (Amendment) Bill] and Bill 144 [Environment and Planning Review Tribunal Bill] which were respectively tabled before the House of Representatives on the 23rd July 2025, and the second one related to recently published Protection of Agricultural Land Regulations, 2025 (Legal Notice 150 of 2025) (the “Regulations”). New Lockers New lockers have been installed…

Aug 26, 2025 • News • By CoA

Public Statement on the Protection of Agricultural Land Regulations

The Chamber expresses serious concern regarding the recently published Protection of Agricultural Land Regulations, 2025 (Legal Notice 150 of 2025) (the “Regulations”). These concerns centre around the following principal issues: 1. Lack of Parliamentary scrutiny and timing The Regulations, which carry significant implications on the rights of landowners,primarily, the de facto expropriation of unregistered agricultural land in terms of Regulation 9, have been introduced through a Legal Notice, and not by means of an Act of Parliament. The Chamber shall not enter into the merits of whether the Agriculture Act(Cap. 639), as the enabling Act under which these Regulations have been published, does in fact grant the Minister the authority to introduce measures that result in de factoexpropriations. However, it must be emphasised that basic democratic principles of due process and fairness would dictate that decisions of such magnitude be subject to open public consultation and parliamentary scrutiny. A legal notice, introduced in such a manner, offers neither. The Chamber’s concern, and that of several of its members, lies in fact that the power to deprive landowners of the possession of…

Aug 18, 2025 • News • By CoA

PA Bills Statement from the Chamber of Advocates

The Chamber expresses its concern in relation to Bill 143 [Development Planning (Amendment) Bill] and Bill 144 [Environment and Planning Review Tribunal Bill] which were respectively tabled before the House of Representatives on the 23rd July 2025. The Chamber is of the view that the content of the aforesaid Bills, which will serve to effectively overhaul Planning Legislation in Malta and will directly impact Maltese citizens,should be the subject of a wide-ranging consultation exercise involving all stakeholders and the public at large. The matters listed hereunder – whilst not exhaustive – are of particular concern and undoubtedly merit further discussion: a) the nearly unfettered discretion which is proposed to be granted to the Planning Authority, including the power to depart from the provisions of the Local Plans in its discretion. It is the Chamber’s view that this clearly runs counter to the fundamental principles of legal certainty and transparency which must be strictly adhered to, particularly in this sensitivecontext; b) the fact that the aforementioned discretion has been coupled with a narrowing of (i) the parameters of the review which may be carried out by…

Aug 05, 2025 • News • By CoA