The Environment Management (Amendment) Act 2025 was passed by Fiji's Parliament on 1 December 2025.
This legislative overhaul marks a significant step towards modernising Fiji's environmental governance and strengthening the implementation of the Environment Management Act (EMA) 2005.
In a our previous article here we set out the effects of the amendment, and what follows is a brief summary of the key changes and continuities resulting from the Amendment Act.
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On Monday, 1 December, the Parliament of Fiji passed the Forestry Bill 2025 into law, officially enacting the Forestry Act 2025.
As discussed in our previous update this legislation marks a defining moment for Fiji’s forestry sector. The new Forestry Act 2025 will, when it is brought into force by the Minister, replace the outdated Forest Decree 1992, and ensure alignment between the law and Fiji’s progressive policy landscape, including the Fiji Forest Policy 2007 and the Climate Change Act 2021.
While the Act is now law, the commencement date remains to be confirmed. The Ministry of Forestry will now undertake a structured implementation phase to draft necessary secondary legislation (regulations) and prepare the operational systems required to bring the new framework to life.
The Government of Fiji, through the Ministry of Forestry, has undertaken a comprehensive review of the legal framework governing the nation’s forest sector. Supported by a technical expert team from the Asian Development Bank (ADB), this intention was to align Fiji’s legislation with its evolving national policies, such as the Climate Change Act 2021, the National Development Plan, and importantly, the Fiji Forest Policy 2007. The result is the Forestry Bill 2025, which will replace the Forest Decree 1992 with legislation that addresses contemporary resource management challenges.
The Forestry Bill 2025 when compared to the legislation it will replace represents a fundamental shift from a regulatory model that focused primarily on timber extraction to one of integrated sustainable management. While the 1992 Decree was instrumental in regulating licensing and royalties, it predated significant developments in ecosystem services, carbon rights, and modern biosecurity. The new Bill addresses these gaps while incorporating the extensive stakeholder consultations regarding the importance of better governance and economic development in the forestry sector.
While the enactment of the Bill is an encouraging first step it is only the initial phase of reform. The successful operationalisation of the new regulatory framework will require a structured implementation strategy to address technical requirements, from the establishment of new governance councils to the training of officers in updated enforcement protocols. This article outlines the technical advancements within the Bill, and evaluates what this shift ultimately means for Fiji.
The Environment Management Act 2005 (EMA) is the bedrock of Fiji’s environmental law framework. The EMA applies to all of Fiji, including its extensive coastlines, nearshore areas, and ocean areas. This impressive environmental legislation has achieved many things for Fiji, including the introduction of the Polluter Pays Principle and the Precautionary Approach, alongside decision-making tools like mandatory Environmental Impact Assessments (EIAs). There have been notable successes in the enforcement of environmental standards, as demonstrated by landmark court cases upholding its authority against companies that have breached its provisions, that notably include the oil giant TOTAL.
Currently (as of November 2025), the Environment Management (Amendment) Bill 2025 (Bill No. 39 of 2025) is before Parliament. If the Bill is passed by Parliament, this legislation will mark the first major overhaul of the EMA since its introduction, fundamentally reshaping how environmental regulation is administered. This Bill aims to modernise the legal framework, support digitalisation projects, and centralise environmental control under the Ministry of Environment and Climate Change (MECC).
This article briefly sets out what will change if the Bill is passed into law as currently drafted, providing clarity on how the new centralised structure will affect the implementation of the EMA, environmental project approvals, and enforcement actions across Fiji. We also clarify what will remain the same.
On 28 October 2022, the Supreme Court of Fiji confirmed that Total (Fiji) Limited (TOTAL) is liable under Fiji law as a polluter. (CIVIL PETITION NO. CBV 0007 of 2020) (Supreme Court Judgment)
Fiji’s Supreme Court Judges were unanimous in their opinion that TOTAL had been negligent and caused a “pollution incident”. The Supreme Court Judgment upheld the Fiji Court of Appeal’s unanimous Judgment (CIVIL APPEAL NO. ABU 90 OF 2018) that found TOTAL had caused a pollution incident as defined by section 50 of the Environment Management Act, 2005.
Together, Fiji’s Court of Appeal and Supreme Court Judgments against TOTAL provide significant environmental law jurisprudence for Fiji and demonstrate that the “polluter pays principle” is established in Fiji common law. Amongst other things, the Supreme Court Judgment rejected TOTAL’s interpretation of section 50 of the Environment Management Act, and directed that damages be assessed against TOTAL under 5 separate heads of damages.
TOTAL did not accept the higher Court Judgments and as a dissatisfied litigant, chose to file an application to challenge the Supreme Court Judgment pursuant to section 98(7) of the Constitution of Fiji. TOTAL’s challenge to the Supreme Court Judgment may be unprecedented in the context of civil litigation in Fiji.
TOTAL’s challenge was heard by Fiji’s Supreme Court on 13 April 2023, and on 5 April 2024 the Supreme Court by unanimous decision rejected TOTAL’s challenge.
This article provides a summary of the exceptional circumstances under which the final judgment of Fiji’s highest court, the Supreme Court, may be challenged. Any challenge to the Supreme Court must be considered with extreme caution as the dissatisfied litigant challenges the public interest that litigation should reach a final conclusion.
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On 26 January 2024, and following broad consultation, Fiji’s Department of Energy launched Fiji National Energy Policy 2023-2034 (NEP) which sets out an ambitious implementation plan under the leadership and coordination of the Department of Energy to meet Fiji’s international climate change targets and align with Sustainable Development Goal 7 (SDG 7).
The Immigration (Amendment) Act 2023 and the Immigration (Exemption by Descent) Order 2023 came into effect on 10 October 2023. These legal amendments extend the category of persons who are entitled to enter, reside and work in Fiji without a permit.
The Immigration (Amendment) Act 2023 applies to any person who is registered in the Vola ni Kawa Bula (VKB) - an official record of indigenous or iTaukei Fijians born in Fiji and maintained by the iTaukei Lands and Fisheries Commission that record entitlement by birthright to land and associated resource rights.
The Immigration (Exemption by Descent) Order 2023 applies to any person who is not a citizen of Fiji but is a child, grandchild or great grandchild of any person that was a citizen of Fiji on 10 October 1970 - defined as a (“principle citizen”).
In this legal bulletin we provide a brief explanation of these legislative changes and include important points to note about their application and effect.
The Fiji government has, via Public Notice rescinded the public health restrictions that impacted businesses and travelers to Fiji. These changes to public health measures have retrospective effect.
In this legal alert, we briefly update on the recent changes to public health requirements.
On 03 June 2021, the Parliament of Fiji passed the Public Health (Amendment) Act 2021. The Amendment Act introduces amendments (amendments) to Part 7 of the Public Health Act of 1935 (the Act) which deals with all matters relating to infectious diseases.
While the background and explanatory notes of the amendments relate largely to the current Covid-19 coronavirus outbreak, the amendments in fact relate to all infectious diseases under Part 7 of the Act including Covid-19.
In this commercial law update we explain the amendments and provide our comments in relation to the amendments by way of guidance and to assist in the current situation that requires all Fijians to work together to do what we can to reduce the transmission of this virus and get back to the way we want to.
A recent judgment of the High Court of Fiji has discussed and clarified the operation and legal effect of defect liability clauses in construction contracts.
This Judgment adds to Fiji's jurisprudence for construction law and emphasizes the importance of construction law contracts particularly when things don't go to plan.
We provide a short update in relation to important legal points that have arisen from the High Court's Judgment. The Judgement was also reported in Fiji's national press here