Q: Whom should I contact for further information or assistance?
A: For any enquiries or additional information, please contact us at [email protected] or by phone at 23397777.
Q: What is the Agricultural Land Protection Regulation 2025?
A: This Regulation lays down measures and processes to safeguard agricultural land from damage, promote agronomic viability, and ensure that agricultural land is properly maintained for agricultural purposes.
Q: When will these regulations come into force?
A: These regulations shall enter into force on 28 September. However, regulation 9 will enter into force within one year of the publication of these regulations. Regulation 9 specifically addresses enforcement actions related to the non-registration of agricultural land.
Q: Where are these regulations applicable?
A: These regulations are only applicable to agricultural land outside the boundaries of a development zone in accordance with development planning laws, plans, and policies.
Q. What qualifies as agricultural land?
A: Land supporting agricultural activity including the growing of vegetables and fruit, flowers, trees and vines, also including greenhouses, cloches and cold frames qualifies as agricultural land.
Q. Can I plant non-fruit trees?
A: Yes, non-fruit trees may be planted as part of agro forestry growing, where there is a mixture of fruit trees and indigenous Maltese trees. Planting of trees is regulated by other laws.
Q: What can and cannot be done on agricultural land?
A: Any other activity may take place provided it does not affect agricultural activities or cause environmental degradation.
Q: Can I use my agricultural land for recreational purposes?
A: Yes, agricultural land can be used for recreational activities if it compensates or allows an agricultural activity to be carried out, for example, you can make a picnic or BBQ on the side of the field, among the trees, or when the land is lying fallow.
Q: Can I hunt in my fields?
A: Yes, although hunting and trapping are not agricultural activities, they can be practised as long as they do not hinder agricultural activity.
Q: Can I have a ‘mansab’ in my fields?
A: Yes, a ‘mansab’ is considered as a temporary structure that is placed in the short term and therefore does not hinder the minimum agricultural activity that can be carried out in the rest of the year. It is desirable to ensure that it has the necessary permits from the competent authorities.
Q: I bought a piece of agricultural land and have no interest in producing agricultural products, will I be breaking the law?
A: No, the law obliges the land to be maintained in a state suitable for cultivation and ploughed up at least once a year. In addition, agricultural land may be planted with wild plant species as part of agri-environment measures.
Q: Must the crop or cultivation plan (crop plan) be submitted even if I will not grow food products, but carry out the minimum activity?
A: No, the crop plan must only be submitted if agricultural products, including fruit trees, are to be grown. You are not obliged to submit a crop plan if you are to grow products for personal consumption and do not use fertilizers in accordance with subsidiary legislation 549.66 – Nitrates Action Programme Regulations.
Q: If I have a field in a cliff that is difficult to cultivate, will I be considered to be breaking the law?
A: The law provides for exemptions, whereby the Director may exempt any person from the obligation to carry out a minimum activity.
Q: We have disagreements between the siblings on who will work the land and who will register it, what can I do?
A: In such cases, an exemption from the registration obligation may be requested from the Director.
Q: What activities are prohibited on agricultural land?
A: the following activities are prohibited:
• Mixing the soil with stones or other materials that may deteriorate the soil.
• Coating the soil with concrete, stone, or similar materials.
• The deposit of objects larger than two square metres on the soil for more than thirty days.
• The use of heavy or agricultural machinery on flooded soil.
• Burning of reeds and turf in areas greater than ten square metres per tumolo of land, except by order of a competent authority.
Q: What are the obligations of the farmer?
A: Farmers or persons with valid titles shall:
• Register agricultural land within six months from the coming into force of these regulations.
• Submit a crop plan detailing their agricultural activity for one or more agricultural years if agricultural products are to be grown.
• Ensure that agricultural land is safeguarded from threats and damage and maintain its natural production potential.
• Manage a minimum level of agricultural activity.
Q: What happens if you do not register the ground (Regulation 9)?
A: If agricultural land is not registered under any person, a notice shall be affixed to the site of the agricultural land and a Government notice shall be issued ordering any person having an interest in such agricultural land to declare and describe such interest within three months of publication. If no declaration is made, Riżorsi Agrikoli Malta registers the agricultural land and acquires temporary possession of the land and has the power to allocate it for agricultural activity.
Q: Can the Government take my private land from me?
A: No, no land registered will be taken. Government intervenes only if the land is abandoned and is not owned by anyone, after a notification is posted on site and a notice is published in the Government Gazette. The land may revert to its owner if he provides evidence of a valid title and registers it.
Q: Do I need to re-register my land if it is already registered with the Directorate?
A: No, you do not need to re-register your land if it is already registered with the Directorate. The existing registration remains valid, and you comply with the regulations.
Q: What can be done to return agricultural land to the owner once it has been held in accordance with regulation 9?
A: If a valid title on such agricultural land is proven to be satisfactory as deemed by the Director, the land shall be deregistered from Riżorsi Agrikoli Malta at the end of the agricultural year in which the valid title is established and registered in favour of the holder of the title. However, such registration shall only be effective if any fine, fee or other debt in terms of the regulations is paid by the titleholder who assumes responsibility for registering the land and carry out a minimum agricultural activity in terms of the regulations. In addition, the holder is entitled to the payment of any amount collected from Riżorsi Agrikoli Malta.