The government has still not reacted to a widely-supported Bill presented by the Opposition last week to safeguard common heritage, although new projects are being announced on sites the Bill is intended to protect.

The Sunday Times of Malta has repeatedly asked the government whether it intends to support the Public Domain Bill to protect national, cultural and historical heritage for the benefit of future generations presented in Parliament by the Opposition last Tuesday. The only reply received so far was that the Bill was still being studied.

PN MP Jason Azzopardi.PN MP Jason Azzopardi.

Meanwhile, this newspaper is revealing plans for a hotel in the protected Għadira Bay as well as around 100,000 square metres for a university outside development zone (ODZ) located near Żonqor Point in Marsascala.

The site to be used by the university is on the same stretch of land that was targeted for the development of three hotels to “regenerate the south” – a plan that resulted in a public outcry.

Such development would not be possible without parliamentary scrutiny and strict criteria for the land’s preservation if the PN Bill proposed last week were enacted.

The Public Domain Bill would impose upon government limitations on the use of public land and assets. 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.

The Bill empowers citizens and NGOs to recommend land and property to be listed as public domain

The government has so far been hesitant to commit itself to these obligations, despite declaring on Friday the need was being felt to protect natural open areas. Yet the Bill enjoyed immediate overwhelming support from NGOs and experts who said it was sorely needed to stem abuse.

If enacted, the law 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. And woodlands such as Miżieb could not be given away at the stroke of a pen by the Prime Minister of the time.

If the Bill being proposed does not become law under this administration, the PN committed itself to implement the legislation when in government. It would guarantee 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.

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.

Land in the public domain could be declassified for use in the public interest, but the decision would be subject to parliamentary scrutiny.

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.