S.L. 573.17 Art. 3Qualification. 

(1) Any person who has a title of acquisition by virtue of a public deed or emphyteusis on property that has been transferred to the applicant by the Government or the Authority, or by an ecclesiastical entity, who subsequently transferred the title to the Government, whether registered in the name of the Government or shall be registered in the name of the Government may, save as provided in the other provisions of these regulations, request the Authority to amend or revoke a condition imposed in the original contract:

Provided that any amendment and, or revocation of the condition may only be done after the written acceptance of such change by the Authority:

Provided further that no amendment or revocation of a condition shall be allowed in the following cases:

(a) core conditions of any contract;

(b) conditions in a contract resulting from a Parliamentary resolution; and, or

(c) conditions in a contract resulting from a tender, or an auction, save for those conditions in a contract resulting from a tender, or an auction for an emphyteutical grant which had already been published in the Gazette by the Commissioner of Lands prior to the entry into force of the Act.

(2) The Authority shall have the sole discretion on the acceptance or otherwise in cases of requests for an amendment or a revocation of any other condition of the contract: TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS

OF A SALE OR EMPHYTEUSIS

Provided that the Authority shall decide on requests for an amendment or a revocation of any condition of the contract only in case where the contract does not specify the remedies available:

Provided further that the Authority shall refuse an application if it deems that the change in condition shall negatively affect the intrinsic value of the property subject to application:

Provided further that the Authority shall refuse an application in a case where the request to replace a condition in a contract referred to in paragraph (c) of sub-regulation (1) results in a change of use from use of a commercial nature including industrial use, to residential use.

(3) Any person who has a title of acquisition by virtue of a public deed or emphyteusis on property that would have been transferred to the applicant by the Government or the Authority or by an ecclesiastical entity which subsequently transferred the title to the Government, whether registered in the name of the Government or if it shall be registered in the name of the Government and has breached the conditions in the contract shall, save as provided in the other provisions of these regulations, pay the amount determined by the Authority to compensate for the breach as established in accordance with regulation 5.