S.L. 455.12 Art. 5New contract of temporary emphyteusis.

(1) Upon being notified by the Commission that permission has been granted to a sports organisation for the commercialisation of a sports facility, and the documents related to the case are received, SportMalta and the sports organisation shall draw up a public deed for the concession of the same sports facility to the sports organisation. The Commission shall also appear on the public deed limitedly to declare its approval to the publication of the said public deed.

(2) The said public deed shall, apart from the formalities prescribed by law for all public deeds, include the following:

(a) the new term for the temporary emphyteusis which shall never exceed sixty-five (65) years;

(b) a declaration as to the total footprint in square metres of the sports facility;

(c) a declaration as to the ground rent to be paid in respect of the sports area and the commercial area by the sports organisation to SportMalta;

(d) a declaration stating that the designated sports area shall be used exclusively for the practice of the sporting discipline for which the sports organisation is registered with SportMalta, whereas the designated commercial area shall be used exclusively for the operation of the commercial activity within the sports facility;

(e) a declaration as to the precise footprint in square metres of the minimum designated sports area and the maximum designated commercial area;

(f) the establishment of any terms of payment to be made to SportMalta by the sports organisation for the designated sports area and for the designated commercial area;

(g) a declaration as to the identity of the third-party operator which has been approved by the Commission to develop and, or manage the commercial activity in the sports facility, with the relevant contract submitted with the application to the Commission being annexed to the public deed;

(h) the yearly key performance indicators identified in the business plan in terms of turnover, jobs creation, and monetary equivalent benefits to the sports organisation;

(i) an attached site-plan which clearly indicates which part of the sports facility shall be used as the sports area and which part shall be used as the commercial area;

(j) a declaration stating that the sports organisation, and the third-party operator, if any, recognise and are bound by these regulations and shall forward all necessary documentation requested by SportMalta for monitoring purposes and be liable to the administrative penalties prescribed by regulation 9 should it, or the third-party operator be in breach of contract or of these regulations.

(3) Any public deed concluded for the purposes of these regulations shall include a condition to the effect that the conditions stipulated in these regulations shall form an integral part of and shall bind the parties to the public deed.

(4) Any public deed concluded for the purposes of these regulations shall require approval by special resolution of the House of Representatives in terms of article 31 of the Government Lands Act.