The Marsascala local council has voted 5-4 against pushing for the 18,000sqm of ODZ land to be taken up by the American University of Malta in Zonqor being declared as public domain instead.

PN local councillor Charlot Cassar posted on Facebook that he was the one to put forward the motion in a local council meeting for that land to be included with the Inwadar National Park recommendation for public domain status, however the vote was lost, with five councillors voting against, and four in favour. He mentioned, in a subsequent post, that the five who voted against were PL local councillors.

On 13 May 2016, the House of Representatives enacted the Civil Code (Amendment No.3) Act, which provides for the designation of territory and property within the Maltese Islands as public domain. This gives every person the right of enjoyment in any declared public domain site, saving private rights.

The Executive Council of the Planning Authority have to, and are currently carrying out a public consultation prior to the preparation of an annual report with recommendations on proposed sites that it would deem appropriate to be declared as public domain. According to the legal provisions, proposals can only be made by the Minister responsible for Lands, Members of Parliament or NGOs. 24 sites have been suggested, one of which (Inwadar National Park) was by the Environment Ministry.

The take-up of ODZ land by the Sadeen Group for the American University of Malta at Zonqor has been the subject of much controversy and even sparked major environmental protests in the past. Eventually part of the project was moved to Dock 1 in Cospicua, however part of Zonqor will still be used for the university.