Civil Code (Cap. 16)
Civil Code (Cap. 16), article 311
311. (1) The words "immovable thing" or "immovable things",
and the word "immovable" or "immovables" without any other
addition or indication restricting their meaning, shall include both
immovables by their nature, as well as immovables by reason of the
object to whic h they refer.
(2) The "coastal perimeter" is that part of the land which lies
fifteen metres from the shoreline inwards, whether it is foresh ore,
landmass or cliff or is a combination of them and, where the
foreshore extends beyond fifteen metres, to the limit of the
foreshore.
The "foreshore" is that part of the coastal perimeter,
including where it exceeds fifteen metres, which is normally
covered by water due to the action of the waves and the use of
which is restricted by this fact. The foreshore extends up to t he
reach of the largest wave and, e ven if it lies beyond the reach of the
waves, to the lim its of any beach:
Provided that the foreshore shall not extend over or onward
of a schemed public road.
For the purposes o f this sub-article:
(a) a "beach" is that part of the land contiguous to the
shoreline, irrespective of h o w f a r i n l a n d i t e x t e n d s ,
which is of its nature or characteristics destined for
public use in accordance with its nature and in
accordance with any law from time to time regulating
development planning;
(b) a "landmass" or a "cliff" is that part of the coastal
perimeter which is elevated from the sea, is not
accessible from the sea and, or is not subject to being
covered by any wave; and
(c) the "shoreline" is the land contour which is constantly
in direct contact with the s ea; provided that when the
shoreline changes due to e rosion or collapse, the
baseline for calculation of t he coastal perimeter shall
be adjusted accordingly fr om time to time without
prejudice to the applicati o n o f a n y l a w r e g u l a t i n g
development planning.
CIVIL CODE [CAP. 16. 119
(3) Any private titles and rights to the foreshore shall be
registered in the relevant regis try in accordance with applicab le law
prior to the lapse of ten year s from the designated date.
(4) Quays, wharfs and other cons tructions in harbours, ports,
landing places and yachting centres for the berthing of ships, yachts
and other vessels used in naviga tion, or of aircraft, or for th e
attachment thereto of pontoons, floating quays, or for dockyard s,
roads and access paths, or other similar structures in such are as,
shall be regulated by the provisions of special laws governing such
things and the terms "quays", "harbours", "ports", "yachting
centres" and other related terms shall have the meanings assign ed
to them by such special laws.
(5) Although contiguous to the sea, such quays and other
constructions and the areas w ithin harbours and ports -
(a) shall be considered to be public property, saving
private titles and rights thereon; and
(b) shall not be considered to be part of the coastal
perimeter for the purpose of this Code until such time
as any part of such areas, belonging to the
Government, are declared and registered as land in the
public domain, saving private titles and rights thereon,
as provided for in t he Fourth Schedule.
(6) In this article:
(a) the term "designated date" shall be that date
established by order in the Gazette by the Minister
responsible for Lands;
(b) the term "public domain" shall have the meaning given
to it in the Fourth Schedule;
(c) the term "public property" shall have the meaning
given to it in article 327; and
(d) "relevant registry" means the Public Registry or the
Land Registry or any successor registry.
Sub-title II
OF MOVABLE PROPERTY
Movable property.312. All things, animate or inanimate, which, without any
alteration of their substance, can move themselves or be moved
from one place to another are movable by nature, even though su ch
things form a collection or a stock-in-trade.
Materials deriving
from demolition of
buildings.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.