The Agricultural Leases White Paper is “not far-reaching enough” and will lead to more harm than good, according to farming NGO Malta Youth in Agriculture and Moviment Graffitti, who have published their joint feedback as part of the consultation process.

The two civil society groups have highlighted a number of issues with the proposal, such as the lack of a definition of “genuine” and “bona-fide” farmers, how the “affordable” market rates will be determined, and also how the “board of experts” will be appointed.

“There is also no clarity as to why the proposed Authority will act as an intermediary,” the groups said. “Similarly, the White Paper lacks a proper definition of ‘agricultural lease’, makes no mention of how the new Authority’s provisions will be enforced, and leaves young farmers out of the equation.”

The two groups recommend the value of land should be based not on the current inflated market value, but on established criteria such as water supply, size of land, soil fertility, proximity to access, and other criteria.

“While we feel the proposed White Paper is a much-needed step in the right direction, the document is rather vague in its definitions and leaves space for loopholes that can cause more problems than solutions in the local agricultural sector,” the groups said in a joint statement.

The groups have also reacted to the Agricultural Leases (Reletting) Act, 2022, which had been tabled in Parliament on the same day as the Agricultural Leases White Paper was published.

“Bill Nr 15 is already at the second reading stage in Parliament, but the consultation is still open. The sector is still waiting for an important pronouncement from the courts which could change the scenario of the constitutionality of agricultural leases. Moreover, should this Bill become law, it might create more uncertainty than it aims to resolve.”

MaYA and Moviment Graffitti make a series of recommendations including the postponement of the Bill until the Constitutional Court decides on Vincenza sive Sina Magro v. L-Avukat Tal-iStat, as well as specific criteria for the determination of the market rental value and the exclusion of potential recreational use from the valuation of agricultural lands.

The feedback to both proposed laws can be found here: