Cap. 88 Art. 2Definitions.

In this Ordinance unless the context otherwise requires -

"acquisition rent" means the periodical payments to be made in terms of article 27(14), (15) and (16);

"agricultural or rural land" does not include the domestic garden of a house or building or any other land within the precincts of a house or building nor a building site nor waste land but includes farmhouses, buildings intended mainly for the keeping of store cattle or other domestic animals, and other structures of a kindred nature;

"Board" means the Board established under the provisions of this Ordinance; "clearance rights" means the subjection of any land to the restrictive conditions referred to in article 29; "competent authority" means the Commissioner of Land; "dwelling house" has the same meaning as that assigned to it in the Rent Restriction (Dwelling Houses) Ordinance; "historical building" means land, other than land consisting of cultural property constituting religious cultural heritage of the type referred to in article 52 of the Cultural Heritage Act, which:

(a) is scheduled in accordance with article 46 of the Development Planning Act; or

(b) constitutes cultural property for the purposes of the Cultural Heritage Act; or

(c) is included in the list of buildings, sites and remains having a geological, archeological, antiquarian or artistic importance in the Schedule to the Protection of

*Repealed by Act XVII of 2017 Committee receives a request for advice from the Minister and also after the said Committee has granted an opportunity to any person with an interest in the land to make his submissions, it is appropriate to acquire for a public purpose on the grounds that:

(i) it is of such historical or cultural significance as to render it appropriate that it be acquired for the purpose of maintaining or augmenting the cultural environment or the tourism services provided in Malta; or

(ii) is closely connected to events of major historical importance which have contributed to the national memory or to the national historical identity;

"land" includes any building, tree or anything fixed in the land and any portion of the shore, and any easement in or over land and other rights of user and any right of interference; "lease" includes the right of occupation or use of any land by any title whatsoever; "new urban tenement" means any urban building including dwelling houses, buildings in which trade is carried on, clubs, hotels and lodging houses, which, apart from fittings, decorations, and alterations, even if structural, was not complete or ready for use on the 31st March, 1939; "old urban tenement" means an urban building including dwelling houses, buildings in which trade is carried on, clubs, hotels and lodging houses, which, apart from fittings, decorations, and alterations, even if structural, was complete or ready for use on the 31st March, 1939 provided that any repair of an old urban tenement made as a consequence of damage by enemy or counter-enemy action or any rebuilding of an old urban tenement the cost of which was recognized as being payable under the provisions of the * War Damage Ordinance, 1943 shall not change the "old" nature of the tenement. "Old dwelling house" and "old shop" shall be construed accordingly; "owner" includes lessee or other person having an interest in the land; "public purpose" means any purpose connected with exclusive government use or general public use, or connected with or ancillary to the public interest or utility (whether the land is for use by the Government or otherwise) or with or to town-planning or reconstruction or the generation of employment, the furtherance of tourism, the promotion of culture, the preservation of the national or historical identity, or the economic well being of the State or any

*Repealed by Act XXIX of 1980. under this Ordinance is connected with the utilisation of any land or any right in connection or in relation therewith for any purpose connected with the supply, storage or distribution of fuels or other sources of energy, or in connection with the provision of any utility or municipal services or infrastructural project shall be deemed to be connected with or ancillary to the public interest or utility; "public tenure" means the tenure of land by a competent authority, of which tenure the main qualities are set out in article 19(5), (6) and (7); "recognition rent" means the periodical payments due in consideration of the holding of land on public tenure; "subsoil rights" means the subjection of any land to the restrictive conditions regarding underground works and excavations referred to in article 29.