Legal Notice 150 of 2025: Malta’s New Agricultural Land Protection Regulations Set to Come into Force

Introduction

On the 28^th of July 2025, the Minister for Agriculture formally launched the Protection of Agricultural Land Regulations (Legal Notice 150 of 2025) under the Agriculture Act, Chapter 639 of the Laws of Malta (hereinafter referred to as “the Regulations”). Grounded in the 2022 Agricultural Land Reform White Paper and aligned with the objectives set out in Malta Vision 2050[1], the Regulations create a legal framework for safeguarding farmland situated outside the development zone (commonly and hereinafter referred to as “ODZ”).

The purpose of the Regulations is to prevent misuse for non-agricultural purposes and to preserve the land’s productive environmental value. Most provisions are set to come into force on the 28^th of September 2025, with certain measures relating to unregistered land taking effect one year after this date.

Obligations Placed on Farmers and Landowners

The Regulations introduce a central obligation that all ODZ agricultural land in active use or under valid title must be registered with the Agriculture Directorate within six (6) months of the commencement date, being the 28^th of September 2025. Each registration is to be accompanied by a crop plan describing the intended agricultural activity for no less than one (1) agricultural year.

Once land is registered, those responsible for such land are subject to ongoing maintenance requirements. The land must be kept in a condition that allows cultivation, with existing plantings cared for in accordance with recognised agricultural practice. Certain acts are expressly prohibited, such as covering soil with hard surfaces, leaving bulky objects in place for extended periods, adding harmful substances or operating heavy machinery when the soil is waterlogged. Excessive trampling and the burning of stubble or grass, unless within prescribed limits or authorised by a competent authority  are also restricted. Provision is made for exemptions where the land is managed under approved agri-environmental schemes.

Controls on Land Use

Non-agricultural activities are permissible only where they do not compromise the agricultural potential of the land or cause environmental harm. A blanket prohibition is imposed on the advertising of agricultural land for sale where the intended use is not agricultural.

The Regulations also set out a structured process for addressing unregistered land. Where no registration exists, the Director responsible for agriculture (hereinafter referred to as “the Director”), will issue both a public notice and a site notice inviting claims within a three (3) month period. Should no valid claim be lodged, Riżorsi Agrikoli Malta (hereinafter referred to as “RAM”) is authorised to register the land in its own name to assume effective possession thereof and allocate it for agricultural use.

Owners who later establish a valid title may reclaim the land at the end of the agricultural year, subject to the payment of fines and the reimbursement of RAM’s management and improvement costs. Where prior registration was impossible and the owner commits to farming the land, that owner may be entitled to recover certain amounts received by RAM from third parties, net of expenses.

Enforcement Mechanisms and Sanctions

In terms of the Regulations, the Director has the authority to respond to emerging risks in a variety of ways; from inspecting operations to issuing warnings, ordering corrective actions or imposing temporary obligations. Should any person disregard the Regulations through improper conduct, including actions that obstruct officials or compromise information, such person may be subject to penalties. These penalties are scaled according to the severity of the offence, with penalties associated with first-time offenders set between €500 and €2,500, while repeat violations can result in fines of between €1,500 to €11,000 or even up to five (5) times any unlawful profit. Cases in relation to the aforesaid violations are to be heard before the Court of Magistrates. Decisions made by the Director may be challenged before the Administrative Review Tribunal within twenty (20) days therefrom.

Implications and Timelines

For landowners and agricultural operators, in theory at least, the Regulations represent both a legal obligation and a pathway to sustainable farming practices. They provide a clear operational framework for land management with the intended goal of supporting farmers rather than dispossessing them. Furthermore, the measures have been described as integral to Malta’s broader objectives for food security and sustainable rural development. However, the authors submit that due to possible Constitutional law implications, the Regulations may be facing a tough challenge. For clarity, to date, the authors know of no such challenge.

It is also worth noting that the Regulations only extend to land which can genuinely sustain agricultural activity. Regulation 2(1) thereof defines agricultural land as land capable of supporting cultivation. It therefore follows that if land cannot be cultivated at all, the obligations contemplated within the Regulations would not be applicable. Regulation 14 of the Regulations reinforces this by allowing exemptions where the Director is satisfied that the minimum level of agricultural activity cannot be carried out. When these regulations are read together, it can be surmised that the Regulations are intended to apply only to workable agricultural land and not to land which is inherently unfit for cultivation.

Stakeholders should note of the following key compliance dates:

• General provisions of the Regulation shall apply two (2) months after publication in the Government Gazette (28^th of September 2025);

Registration must be completed within six (6) months of the above effective date; and The unregistered land mechanism commences one (1) year after publication in the Government Gazette. Early preparation is essential to avoid enforcement action, with an ultimate view to ensure the continued productive use of Malta’s limited agricultural resources, save any constitutional challenges that may be mounted in the not-too-distant future.

The effect of the Regulations once in force is yet to be seen.

[1] Malta Vision 2050 is a national long-term strategy that unifies sectoral policies into a comprehensive framework with measurable targets in order to ensure sustainable growth and improved quality of life while guiding Malta’s development in line with international trends up to 2050.