A Bill aimed at protecting national, cultural and historical heritage for the benefit of future generations is being moved in Parliament by the Nationalist Party.
The Bill, being presented by Justice shadow minister Jason Azzopardi, Environment shadow minister Marthese Portelli and Planning spokesman Ryan Callus regulates the government’s administration of common heritage.
Described as a “quantum leap” in administration, the Bill empowers citizens and NGOs to recommend land and property to be listed as ‘public domain’, meaning it cannot be commercialised and guarantees public access.
National laws do not include the concept of public domain, even though countries such as Italy and France already implement such legislation. It guarantees the preservation of common cultural, historical and environmental assets for future generations.
“This is a Bill that is humbling and innovative. For the first time, government would be imposing on itself the need to safeguard common heritage for future generations,” Dr Azzopardi said.
If the Bill being proposed would not become law under this administration, the PN committed itself to implementing the legislation when in government.
Certain land and assets would become public domain ‘by nature’, such as the seabed and subsoil, the coastal perimeter and the foreshore which the law defines as up to 15 metres inland.
Other areas and property can be proposed to be listed as public domain - this can cover areas such as valleys, squares, woods, forts, nature reserves and even cultural artefacts.
The law would be prospective rather than retrospective, so land already subject to a valid contract would be excluded from the public domain. However, the user would have to prove within a specified time frame that it was legitimately acquired and have the area registered as such.
This move would help clear false claims of land ownership in the countryside. It would mean prime coastal sites could not be given away for hotel development. The idea of livestock farms located in historical fortresses would be a thing of the past. And woodlands such as Mizieb could not be given away at the stroke of a pen by the Prime Minister of the time.
“This is a Bill we are proposing for debate and we believe there is no reason why there should not be cross-party agreement on this. Yet, we are binding ourselves to implement this law when in government,” Dr Azzopardi added.
Land in the public domain can also be declassified for use in the public interest, but before any such decision can be taken it would be subject to parliamentary scrutiny and the site would have to be returned to the public in its pristine state.
“This is a Bill that ensures good governance, transparency and accountability in the administration of environmental, cultural and historical assets. This is the alternative government the PN is talking about – we are proposing concrete solutions,” Dr Portelli said.
Mr Callus followed by saying the Bill limits environmental damage and spurs environmental protection. “It empowers NGOs and citizens to propose land they want declared as public domain and ensure safeguards would kick in,” he added.