Nobody can disagree how Serfs (farmers), under the Czarist rule in Russia, constituted a form of feudalism, yet before it was liberalised in 1861, the state dictated that it was based on protecting an agrarian economy. Day after day, serfs worked the land of their lords, barely leaving time to cultivate the land allotted to them to take care of their family.
The Czar's land was broken up into strips, with each family allotted a certain number in each field, based on either how many male workers they had or the number of mouths they had to feed. It was this control of "their" land which led to the mistaken, but deep-rooted creed that "we belong to the masters but the land is ours".
"History reminds us how liberation day came when millions of Serfs alias farmers, were emancipated from a centuries-old bondage to the land. While this move was a watershed moment, it did not fully address the broader social and economic issues. Thus, farmers lived under harsh conditions during the Czarist dynasty, as they were bound to the land, facing limited rights and heavy obligations. Although serfdom was abolished in Russia, many serfs continued to struggle with poverty and oppressive redemption payments to the state.
Back home, we witness a strong drive by the ministry to a forced registration of all farmlands. This year ushers the enactment of pseudo regulations to protect local tenanted farmers (who toil year after year) while the land is mostly leased from the State. Legal Notice 150 of 2025, was launched by the agriculture minister Anton Refalo as a pivotal component of the Malta Vision 2050.
Such regulations ostensibly seek to curb the recreational use of arable land. Scandals and land speculation on fallow land have been rife when abandoned tumuli with a shed for tools were cashed and the tenant farmer ousted. In their place, luxury villas with pools and modern amenities were built and sold for millions. Another injustice is how registered farmers are deregistered on swathes of farmland as these have been carved up and sold for recreational purposes. Notably, farmland (which happens to be fallow) invariably fetches premium prices. For example, such prices make it impossible for indigenous farmers to consider expanding their holdings.
By comparison an average European farmer needs to fork out €12,000 to buy a hectare of farmland. A local farmer must pay a higher rate circa €283,000.
With a sweep of legislation any unregistered farmland now has to be registered by September, tilled yearly and kept clear of large structures such as boats or vehicles. Landowners were given a six-month period to register their land with the Riżorsi Agrikoli Malta Agency (RAM). Otherwise the ministry may take possession and register the land on behalf of the State, making it available for agricultural use.
While some agricultural organisations welcomed these "surprise" regulations, the politically influential hunters' and trappers' lobby, whose members account for a significant share of recreational use of farmland was less than pleased. Rumour has it that hunters and trappers were quietly accommodated. In emergencies, the minister may impose additional temporary obligations.
Thus, if land remains unregistered, the director will post a notice on-site and in the Government Gazette, inviting any interested parties to declare ownership within three months. Naturally, such land registrations have added sudden pressure on notaries. Thus, the Notarial Council warned, if no claim is posted on time, such legal notice risks creating uncertainty as to whether the exercise amounts to a form of expropriation by ARPA. This scenario is the reversal of the emancipation of serfs where all became land owners. But supporters of the Legal Notice 150 came to the rescue of minister Refalo. They argue that these regulations are being eased as part of the government's broader efforts to support the indigenous farming community. It is a noble purpose to protect arable land from growing threats like overdevelopment, urban sprawl and climate change. Opponents of the act shed no crocodile tears; instead, they beat their breasts in protest and pleaded for sanity. Adherents, wholeheartedly feel that the minister is pure gold since he wants to discourage land abandonment and preserve soil viability. In fact, notice how the regulations stipulate that every plot must be cultivated at least once per agricultural year. Land may be left fallow only if it forms part of a recognised crop rotation strategy. By the way, parcels used under agri-environmental schemes financed by national or EU funds are exempt. If the landholder can prove it was impossible to register earlier, and commits to farming the land, they may also be entitled to receive proceeds earned by RAM from third-party use, excluding the agency's expenses. Bona fide farmers will also need to submit a crop plan detailing how the land will be used for at least one agricultural year. This gives the government a clearer picture of how private land is being used and helps ensure it stays productive. There's also a genuine move to curb land speculation.
No more can top estate agents advertise agricultural land for sale if it's clearly being promoted for non-agricultural purposes. Additionally, authorised officers will have the legal authority to inspect farmland and related structures if they suspect violations. The Protection of Agricultural Land Regulations empowers the state to register and manage such land through the Riżorsi Agrikoli Malta agency, ensuring it is used for productive farming while holding absentee landowners accountable for maintenance and registration. Farmers failing to meet obligations will first receive a warning notice outlining corrective actions and deadlines. Continued non-compliance may result in prosecution before the Court of Magistrates, with offenders facing fines and other penalties as detailed in the legislation. Whosoever feels aggrieved by a decision of the director, may by application, request a review of that decision by the Administrative Review Tribunal. The Court of Magistrates as a Court of Criminal Judicature shall be competent to hear and determine all offences according to such enactments.
In conclusion, the legal notice has set the cat among the pigeons. Surely, the ministry is afraid that agricultural land is under increasing pressure from climate change, urbanisation and wants to fight speculation. To safeguard fallow land, the government has introduced a comprehensive policy and regulatory framework to ensure our farmland remains productive and administered by licensed farmers.
Merry Christmas to all our readers
George M. Mangion is a senior partner PKF Malta