S.L. 573.6 Art. 3Exclusion of the applicationofthese regulations. 

Except where a transfer or assignment of the rights required under these regulations is related to a transfer and assignment of rights between family members as described in these regulations:

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No application made under these regulations shall be considered by the Authority when it is made in regards to the:

(a) transfer and assignment of the rights of the person holding agricultural land owned by the Government of Malta under a valid title in his name, and on which agricultural land there is already a building with a roofed floor space totalling more than forty 2 square metres (40m ):

Provided that the Authority may apply a ten percent 2 (10%) flexibility extension over the forty square metres (40m ):

Provided further that the Authority may consider applications where on the agricultural land there is already a building with a roofed floor space totalling more than forty square metres 2 (40m ), where:

(i) the person to whom the agricultural land may be transferred to proves to the satisfaction of the Authority, that the building may be exclusively used for agricultural purposes;

(ii) the person or legal entity to whom the agricultural land may be transferred to enters into an agricultural use obligation with the Authority to limit the use of the building exclusively to agricultural purposes and in the event of breach, the Authority shall have the right to immediately evict the occupier of the building and retake possession of the agricultural land including any structures therein, and this without prejudice to any other remedy at law;"

(b) Save for the provisions of paragraph (a), transfer of agricultural land which is the property of the Government of Malta shall only be made if on the land there are no buildings and provided that the land is not within the development scheme or cannot be developed:

Provided that the Authority reserves the right to terminate the lease over the agricultural land which is either within the development scheme or can be developed:

Except when a transfer or assignment of the rights requested under these regulations is related to a transfer or assignment of the rights between a family member as described in these regulations, no application shall be considered by the Authority unless it has previously been referred to the Agricultural Advisory Committee set up by virtue of these regulations to give its advice and if necessary to make suggestions concerning the conditions to be imposed.