The Protection of Agricultural Land Regulations (the “Regulations”), 2025, introduce a tightly structured regime for rural land outside development zones (“ODZ”) aimed at preserving its productive use. They impose registration, stewardship, and intervention measures to counter fragmentation, passive degradation and commercial diversion of cultivable soil.
The Regulations apply to ODZ land capable of supporting agricultural activity, including crops, orchards, vines, and associated installations. Their general provisions come into force on the 28th of September 2025, with the special unregistered-land intervention mechanism phasing in within a year.
At the core is mandatory registration; owners or users engaged in agriculture shall register their agricultural land within six months of commencement and submit a crop plan for at least one agricultural year. Registration does not, by itself, create or confirm any personal or real right and is expressly without prejudice to third-party rights.
Registered holders have affirmative maintenance obligations. The Regulations forbid acts that render soil unfit, such as covering it with concrete or stone, depositing large objects over two square metres for more than thirty days, improper use of heavy machinery on waterlogged ground, unnecessary trampling, and erection of non-essential structures inconsistent with planning policy. Burning of stubble or grass spoil is restricted, and the land must be kept in a state fit for cultivation, with trees and perennial plantings maintained in good agricultural condition. Minimum activity standards are required annually, though exemptions exist where land is managed under approved agri-environmental schemes.
If agricultural land remains unregistered, the Director responsible for agriculture shall post a site notice and publish a government notice inviting claimants to come forward within three months; absent to a valid claim, Riżorsi Agrikoli Malta (“RAM”) is empowered to register the agricultural land in its name, acquire effective possession and allocate it for agricultural use. Should a title be subsequently proven, RAM’s registration is reversed at the end of that agricultural year, subject to payment of any fines or fees, and the title-holder must reimburse RAM for its reasonable management and improvement costs, which RAM shall have handled as a bonus paterfamilias.
Where registration was initially impossible and the owner undertakes to farm (or arranges for farming), they are entitled to recover amounts equivalent to third-party receipts obtained by RAM, excluding RAM’s own expenditures.
To deter the use of agricultural land for non-agricultural commercial purposes, the Regulations prohibit any advertisement promoting sale for such purposes and criminalise conspiracy, aiding or abetting breaches—including via advertising or counselling.
Enforcement is administered through powers vested in the Director and authorised officers, who may inspect, issue warning notices specifying defaults and required remedial action, and compel compliance. Failure to obey corrective orders or to meet maintenance duties constitutes an offence. A range of conduct is punishable, including obstruction, providing misleading information, aiding breaches, and forgery or destruction of documents. Penalties escalate on repeat conviction: initial fines range between €500 and €2,500; subsequent convictions attract between €1,500 and €11,000 or up to five times the illicit gain, whichever is higher.
The temporary vesting of effective possession in RAM, absent any immediate extinguishment of title, appears structured to keep neglected or ownerless land in productive use while preserving the underlying proprietary interest. Restoration mechanisms and procedural invitations for title holders are built into the scheme.
Agricultural land lacking registration but subject to competing claims require active monitoring to respond to site and government notices within the three-month window to avoid RAM’s temporary possession. Finally, decisions shall be challenged promptly, review applications go to the Administrative Review Tribunal within twenty days.
Owners of such ODZ agricultural land should thus take note of the new obligations and the imposed timelines. While it remains to be seen how these Regulations will be enforced in practice, their implementation can also give rise to numerous legal issues. Land title owners are thus encouraged to seek legal advice as to the implications of these Regulations, particularly where the land in question may be effectively possessed by RAM and allocated for agricultural purposes to third parties.
For any information or assistance, please contact us at info@gtg.com.mt
Author: Dr Neil Gauci