Issue link: https://maltatoday.uberflip.com/i/503337
maltatoday, WEDNESDAY, 29 APRIL 2015 News 3 PN proposes law to protect 'common good' CONTINUED FROM PAGE 1 If the new law is approved by parliament the seabed and the first 15 metres of coastline will automatically be rec- ognised as part of the public do- main. The law will also enable the government to include other lands of historical, archaeological or eco- logical importance in the public do- main through an act of parliament. The law will distinguish between what is public domain that cannot be ceded to private interests, and public property that can be subject- ed to a private contract. The pro- posed bill also sets the obligations of the government with regard to the upkeep and protection of land included in the public domain. These obligations are aimed at pro- tecting future generations. While the law stipulates that the public domain cannot be commer- cialised it allows concessions of a temporary nature which can be re- voked by the government through a written notice. The law includes a list of proper- ties which can be declared as public domain. These include waterways, aqueducts, natural springs, valleys, public roads, public squares, woods, parks and any site of ecological and historical importance. Even mobile property like art col- lections or libraries can be included in the public domain. Declassification foreseen in draft law The law would still enable the government to cede parts of the public domain through an act of parliament that would declassify the public domain. But this can only be done by a majority of MPs voting in favour of such declassifi- cation. No land can be declassified from the public domain before the expiry of a period of five years following its inclusion in the public domain through an Act of parliament. Moreover if the land is declassi- fied it cannot be ceded for a period of more than 100 years. The law enshrines the principle that the duration of the declassifi- cation should be inversely propor- tionate to the extent to which the public is restricted access or use. This means that the greater the ex- tent given to the public, the longer the duration of the declassification. The proposed law states that fol- lowing declassification the land will still retain its nature as public domain and therefore must re- main accessible to the public. But the same law ambiguously states that parliament may still "impose restrictions on continuing public enjoyment". And although the land has to be returned in its original state after the expiry of the declassification, the law also allows parliament to accept modifications as the "gain achieved by the public is clear and unambiguous". Following declassification any grant of the land to third parties must observe the provisions of the Disposal of Government Land Act which stipulates that land can only be transferred through a public tender, public auction or through a parliamentary resolution. The proposed law only affects future ownership and does not impact contracts that have already been signed. The bill also lays down that when- ever the declassification was "fruit of corruption", any rights accruing to any person benefiting from it are annulled and the land is returned to the public domain. Limits on land reclamation The law will also regulate land reclamation. Malta presently lacks any laws regulating the ownership of reclaimed land. Any area of the seabed proposed for land reclama- tion has to be declassified first be- cause the seabed will automatically become part of the public domain. This means that there will be a pub- lic notice and debate on any project to reclaim land. Moreover the first 15 metres of re- claimed land must be recognised as part of the public domain even after land reclamation takes place. The law also sets a legal parameter for the ownership of parts of the sea- bed for fish farms, wind energy and other projects. But any such new development can only take place on parts of the seabed declassified from the public domain through an act of parliament. No rights for squatters The proposed bill states that al- though existing property rights over land included in the public domain will be safeguarded, any such rights must be registered if they are to be preserves. This will ensure that squatters will not ben- efit from any title over land added to the public domain. If these in- terests are not registered the pub- lic domain will be presumed to be free from any such private right. This law will militate against any ownership claims by illegal lidos, boathouses and other structures, which have mushroomed along the coastline. Protecting the coastline The law automatically designates the first 15 metres of the coastline as part of the public domain. No parliamentary resolution is there- fore required for including these areas as part of the public domain as they are considered to be so "by nature." In the case of beaches the whole extent of the beach will be included in the public domain, not only the first 15 metres. Apart from beaches the new law will ap- ply to cliffs and the entire shoreline except for structures in harbours, ports and yachting centres. These areas can still be included in the public domain through an act of parliament. jdebono@mediatoday.com.mt Jason Azzopardi speaking about the proposed public domain law