The first 15 metres of the coastline, the country’s seabed and government-owned sites of historical and ecological importance cannot be commercialised, according to a unanimously-approved law.
During a ministerial statement last night, environment minister Jose Herrera informed Parliament that the “revolutionary” public domain Bill, submitted as a private member Bill by the Opposition will be enacted next Friday.
“This law is a legacy that both sides of the House are bequeathing to the country, ensuring the protection of the national, cultural and historical heritage owned by Government for the benefit of future generations,” Dr Herrera remarked.
“The concept of a public domain is essential so that the collective good and the public interest can be safeguarded against unsustainable development, commercialisation and environmental destruction.”
Dr Herrera explained that similar laws have existed since classical times and are found in other countries, such as France and Italy.
Justice shadow minister Jason Azzopardi said that “this exercise confirmed that the Opposition and Government may co-operate for the country’s benefit. In a short period of time we have managed to conclude a seminal piece of legislation guaranteeing the guardianship of the national assets for future generations.
“Now let us work together to draw up, without delay, a list of the properties we need to protect.”
A list of properties that may be declared as public domain is included in the new law. These include waterways, aqueducts, natural springs, valleys, public roads, public squares, woods, parks and sites of ecological and historical importance.
Other assets, such as art collections and libraries can also be classified as public domain.
“The public domain Bill provides protection for State-owned property and sites, since it imposes restrictions upon the government as to what it can do with its land. In doing so, speculation on State-owned property is prevented,” shadow environment minister Marthese Portelli said.
She appealed for the use of the new legislation to protect assets that were under threat, referring to the proposal for the relocation of the fuel depot in a valley which is an area of archaeological and scientific importance.
“I hope that this positive experience is not an exception,” exclaimed Ryan Callus (PN).
Lauding the Bill, Government whip Godfrey Farrugia recommended that the possibility to include the subsoil and space above certain height within the public domain be considered in future amendments.
The law enables the government to declassify elements of the public domain through an act of parliament, but only with the support from the majority of MPs.
NGOs and private individuals will be allowed to propose land parcels that should be declared as public domain.