The recent proposal to build three hotels on a stretch of virgin coastal land in the south will be a thing of the past if a Bill presented in Parliament by the Opposition yesterday becomes law.

The Public Domain Bill aims to protect national, cultural and historical heritage for the benefit of future generations. If passed, it will impose upon the government limitations on the use of public land and assets, and the obligation to safeguard them and ensure public access.

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.

Shadow justice minister Jason Azzopardi yesterday.

It was presented by justice shadow minister Jason Azzopardi, environment shadow minister Marthese Portelli and planning spokesman Ryan Callus.

“This is an innovative and radical initiative to protect our common heritage for future generations. It’s a red-letter day for all who care about the environment,” Dr Azzopardi said.

If the proposed Bill does not become law under this administration, the Nationalist Party is committing itself to implement the legislation when in government.

“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 if it doesn’t go through, we are binding ourselves to implement this law when in government.”

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.

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.

This is an innovative and radical initiative to protect our common heritage for future generations

Other areas and property can be proposed for listing as public domain, including valleys, squares, woods, forts, nature reserves and even cultural artefacts.

“This is a Bill that ensures good governance, transparency and accountability in the administration of our common heritage. This is the alternative government the PN is talking about; we are proposing concrete solutions,” Dr Portelli said.

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 consigned to history. And woodlands such as Miżieb could not be given away at the stroke of a pen by the prime minister of the time.

Land in the public domain could also be declassified for use in the public interest, but any such decision would be subject to parliamentary scrutiny and the site would have to be returned to the public in its pristine state. Mr Callus said the Bill limits environmental damage and spurs environmental protection.

“It empowers NGOs and citizens to propose land they want declared public domain and ensure safeguards would kick in,” he added.