Overview
New regulations have recently been published with the purpose of safeguarding agricultural land. The Protection of Agricultural Land Regulations (Legal Notice 150 of 2025) introduce a new obligation requiring farmers and landowners to register their land within six months from the 28th of September 2025. For the purposes of this legal notice, agricultural land is defined as land situated outside the development zone that is capable of sustaining agricultural activity, such as the cultivation of crops, flowers, fruit trees or vines. Upon registration, the farmer or landowner is also required to submit a crop plan covering one agricultural year, which runs from the 1st of September until the 31st of August.
There are consequences for failing to register land. Regulation 9 provides that where agricultural land is not registered under the name of any person, the Director shall affix a notice at the site of the land and also publish a government notice requiring any person having an interest in the property to declare and describe such interest within three months. Should no declaration be made, the Director is empowered to request Riżorsi Agrikoli Malta to register the land on its behalf. By virtue of this registration, Riżorsi Agrikoli Malta acquires effective possession of the land and is given the authority to allocate it for agricultural purposes. If, however, a valid title is subsequently proven to the satisfaction of the Director, the land will be deregistered from Riżorsi Agrikoli Malta at the end of that agricultural year and re-registered in favour of the title holder, provided that any applicable fines, fees or dues are first settled. Riżorsi Agrikoli Malta is obliged to manage any such land responsibly as a bonus paterfamilias, and the title holder must compensate it for all expenses incurred in managing the land, including notarial, legal, fiscal and improvement costs, once the land is returned to private ownership. In exceptional cases where a valid title holder proves that registration within the prescribed period was impossible, but undertakes to farm the land or engage a farmer once registered, he or she may claim entitlement to any equivalent payments made to Riżorsi Agrikoli Malta for the use of the land.
The Regulations further impose a duty to maintain a minimum level of agricultural activity. Land must be tilled at least once annually, and any trees must be kept in good agricultural condition. Any non-agricultural activity carried out on the land must not interfere with these obligations or cause environmental degradation. Where landowners cannot register their land or cannot maintain the minimum required level of activity, the Director responsible for agriculture may grant an exemption, subject to review before the Administrative Review Tribunal.
In order to preserve the natural fertility of the soil, Regulation 5 prohibits practices which render the land inadequate for agricultural use. These include mixing soil with stones or other harmful materials, covering soil with concrete, stone slabs or similar materials, depositing soil in a way that renders it unsuitable for agriculture, and constructing non-essential structures not permitted by planning policy. The use of heavy machinery on waterlogged land, the unnecessary trampling of soil with vehicles, and the burning of stubble or grass over areas larger than ten square metres per tumolo, except when ordered by the competent authority, are also prohibited. Where the Director determines that these requirements are not being respected, he may issue a written order requiring corrective action, and failure to comply is deemed to constitute an offence against the Regulations.
Inspection and enforcement powers are vested in authorised officers from the Agriculture Directorate or other delegated bodies. Such officers may enter agricultural land to ensure compliance with the Regulations. Where breaches are identified, a formal warning letter may be issued to the farmer or title holder, setting out the observed default, the legal basis for corrective measures, and the time within which compliance must be achieved. This provides the landowner with an opportunity to remedy the situation before facing prosecution.
Failure to comply with the Regulations may incur criminal liability before the Court of Magistrates. A first conviction may result in a fine ranging between €500 and €2,500. Subsequent convictions carry fines of between €1,500 and €11,000, or alternatively a fine calculated on the profit made from the unlawful activity, capped at five times the value of that profit. The same penalties apply to those who obstruct compliance or who aid and abet others in breaching the Regulations.
Legal Uncertainties and Human Rights Implications
The Chamber of Advocates has expressed concern with regards to these regulations in a statement published on the 18th of August 2025, wherein, amongst calls for public consultation and more transparency, it expressed concerns regarding the broad discretion afforded to the new agency, and to certain substantive issues of uncertainty.
The Chamber maintains that Regulation 9 provides for the de facto expropriation of unregistered land. However, the proviso to Regulation 9 provides that if a valid title on such agricultural land is proven to the satisfaction of the Director, he shall deregister the land from Riżorsi Agrikoli Malta at the end of the agricultural year in which the valid title is established and register it in favour of the title holder.
Moreover, Regulation 3(3) provides that any decision taken by the Agency:
shall not grant, recognise or confirm any personal or real rights on such agricultural land which may prejudice third party rights […] any declaration in an application or decision by the Director according to these regulations shall only have effect for the purposes of these regulations.
This notwithstanding, it cannot be denied that the Agency is being afforded the discretion to control the use of property. Such decisions could potentially violate the right to property of landowners under Article 37 of the Constitution and under Article 1 of Protocol 1 of the European Convention on Human Rights, notwithstanding that there might be a valid and justifiable public purpose behind such control. By way of analogy, the old rent laws do not provide for the ex lege expropriation of property; however, the inability to increase rent and the imposition of a perpetual lease, were deemed to be disproportionately burdensome on property owners, and thus constituted a violation of human rights. It remains to be determined how the Agency will employ this discretion.
Moreover, the Chamber highlights other aspects of uncertainty brought about by the new law, such as, for example, when co-owners disagree as to the use of the land or where there is ongoing litigation with regards to the title or possession of the land. These questions find no concrete answer in the legal notice. However, the author highlights that in such instances of uncertainty, landowners or other interested persons may attempt to make use of Regulation 14, which provides that the Director may exempt any person from registering the land for any reason, or due to the inability to maintain the minimum level of agricultural activity as provided for in Regulation 6. No other details or guidelines are provided in the law, and thus it remains to be seen whether civil reasons may be brought as a valid reason for exemption from registration. In any such case, the decisions of the Agency are subject to review by the Administrative Review Tribunal within 20 days.
FAQs
1. What is the purpose of the Protection of Agricultural Land Regulations?
The regulations aim to safeguard agricultural land, ensure its responsible use, and preserve soil fertility for farming purposes.
2. Who must register their land and by when?
Farmers and landowners must register their agricultural land within six months from 28 September 2025.
3. What qualifies as agricultural land under the Protection of Agricultural Land Regulations?
Agricultural land is defined as land located outside the development zone that can sustain agricultural activity, such as growing crops, flowers, fruit trees, or vines.
4. What documents must be submitted during registration?
Along with registration, farmers or landowners must provide a crop plan covering one agricultural year (1 September – 31 August).
5. What happens if land is not registered?
If no one registers the land, the Director may publish a notice and, if no claim is made within three months, authorise Riżorsi Agrikoli Malta to register and take possession of the land for agricultural purposes.
6. Can land be returned to the rightful owner later?
Yes. If a valid title is later proven to the satisfaction of the Director, the land will be deregistered from Riżorsi Agrikoli Malta at the end of that agricultural year and registered in favour of the title holder, provided that any fines and costs are settled.
7. Are there obligations after registration?
Yes. Land must be tilled at least once annually, and trees must be maintained in good condition. Non-agricultural activities must not interfere with farming obligations or cause environmental harm.
For more information you can contact one of our Team Members at Mifsud & Mifsud Advocates.
