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.

Summary of Changes

The Amendment Act implements a centralised, time-bound control model by focusing the EIA process directly under the MECC, this includes:

• Centralising Authority in the EIA process as all environmental referrals are now directed to the Director or EIA Administrator, formalising the MECC as the sole gatekeeper for project assessment.
• Making the EIA process Time-Bound by introducing strict deadlines to boost efficiency (for example: the EIA screening determination must be issued within 7 working days, and the Terms of Reference (ToR) for scoping must be issued within 15 working days).
• Providing  new enforcement tools that enable the MECC to issue Fixed Penalty Notices for certain offences
• Expanding the Environmental Fund's purpose to cover immediate environmental damage assessments and remedial works.
  
  

What Remains the Same 

The core legal strength and enforcement authority of the original EMA 2005 remain in place, and this includes:

• The Serious Criminal Offences remain in place. For unauthorised development, penalties for subsequent offences can reach up to $750,000 or 10 years imprisonment. For severe pollution offences (S. 45), a body corporate can face fines up to $5,000,000, and the individual responsible can face life imprisonment.
• The integrity of the Polluter Pays Principle and Precautionary Principle is maintained.
• The Environmental Tribunal retains its role in hearing appeals against rejected EIA reports, ensuring judicial review of environmental decisions.
• The requirement for an environmental cash bond remains mandatory upon approval of an EIA, securing funds against potential damage.
• The Right to access any report or plan prepared under Part 4 is explicitly maintained.

We extend our sincere congratulations to the Minister for Environment and Climate Change, Honourable Mosese Bulitavu, the Permanent Secretary, Dr. Sivendra Michael, and all the experienced and professional personnel within the Ministry of Environment and Climate Change (MECC) on the successful passing of the Environment Management (Amendment) Act 2025.

This blog post provides general information and commentary on legislative developments in Fiji. It does not constitute legal advice, nor should it be relied upon as such or taken as such. Specific legal advice should always be sought before acting on any information contained herein.