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 their agricultural land has been granted through a legislative mechanism which circumvents Parliamentary scrutiny and debate.This roughshod approach will result in numerous legal challenges being instituted before our Courts. Litigation of this nature would not only place additional burden on an already overburdened judicial system but, in the event that the Regulations are found to be in breach of fundamental human rights, the State, and by extension the taxpayer, may ultimately be required to compensate aggrieved property owners through the payment of damages, once again.

2. Broad discretion to Riżorsi Agrikoli Malta Agency

The Chamber is also concerned about the broad discretion afforded to Riżorsi AgrikoliMalta Agency under the Regulations, especially in view of the absence of a transparent and clearly defined procedure for the allocation of agricultural land registered in the name of Riżorsi Agrikoli Malta Agency.

The Chamber is particularly concerned that this level of discretion, exercised without clear procedures or accountability, creates an environment susceptible to abuse. In the absence of adequate oversight mechanisms, there is a real risk of conflicts of interest, preferential treatment, and potentially corrupt practices.

Accordingly, the Chamber calls on Government to establish clear, transparent and objective criteria for the allotment of agricultural land registered in the name of RiżorsiAgrikoli Malta Agency.

3. Lack of public consultation

In view of the fundamental rights at stake, and the significant burdens imposed on farmers and title holders by these Regulations, the Chamber insists that such far-reaching measures are preceded by a comprehensive and transparent consultation process.

The Chamber has, in fact, received complaints from various lawyers expressing concern that the Regulations create significant doubt and ambiguity, particularly in relation to registration obligations and requirements. Many of these issues could have been anticipated and avoided had there been a proper consultation process.

4. Substantive issues of uncertainty

In addition to the significant structural concerns outlined above, the Chamber has been made aware of a number of important questions which neither the Regulations, nor the Explanatory Notes and User Guidelines published in the Government Gazette, nor the Q&A published on the Ministry’s website, have answered. These questions includeamongst others:

a. What title to the agricultural land must a “title holder” have? Will holders of agricultural leases (qbiela) be recognised?  

b. Has any consideration been made of co-owned land, and the fact that owners may be disagreeing as to its use?

c. What type and what level of interest will a farmer need to prove to register a parcel of agricultural land in his name? And what safeguards will there be to ensure that people do not register land, in which they have no interest, in their name?

d. Can a farmer and a title holder submit separate registrations in respect of the same parcel of land? If not, and in the event that both wish to register the same parcel of land in their name, which registration would prevail?

e. What happens in circumstances where the relationship between the title holder and the farmer has deteriorated (e.g. in cases of ongoing litigation) and the farmer refuses to submit a crop plan, thereby preventing the title holder from registering the land in accordance with the Regulations?

In light of the above, the Chamber strongly urges Government to revoke the Regulations, or at least delay their implementation, until a comprehensive and open consultation process is carried out with a view to addressing the issues highlighted, and any other issues that may be raised by stakeholders.

The Chamber remains available for dialogue and supports any efforts aimed at ensuring that any future measures respect the basic principles of democracy and fairness.

Chamber of Advocates