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.
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.
In common with other common law jurisdictions, Fiji exercises State control over land including but not limited to how it may be developed. The regulation of development falls within the domain of planning and environmental law.
The government has announced that in the public interest it is in the process of updating its Town Planning Schemes for Suva, Lautoka and Nadi. This is an important nation building initiative because a Town Planning Scheme will shape future development in all these cities. But, it is also a significant undertaking that provides an opportunity for, and in our view, requires - wide consultation. If this consultative process is successful it will result in better planned development that along with the effective regulation of environmental standards, is essential to create sustainable and resilient cities and towns for Fiji’s future and its citizens' well-being.
In this update, we take a look at Fiji’s planning law framework and set out various reasons why it is vital for Fiji’s citizens to become involved in the consultation process that is being led by the Ministry for Industry, Trade, Tourism, Local Government, Housing and Community Development to create and adopt new Town Planning Schemes.
The reasons that public involvement is vital include but are not limited to:
Each citizen who becomes involved in this consultative process has an opportunity to provide her/his views on how Fiji’s towns and cities should develop to improve but also what aspects of Fiji’s culture and values should be part of that future too.