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Landmark Fiji Environmental Law Judgment finds TOTAL negligent and liable for pollution incident, upholding Fiji's Environment Management Act and the principle "Polluter Pays"

Mar 2, 2020 / by James Sloan posted in Environmental Management Act 2005, Fiji land law, The Environment Management Act, Environmental governance, Environmental decision making, Commercial law Fiji, Fiji Environmental law, Fiji Court of Appeal, Fiji Planning and Environmental Law, pollution in Fiji, Total negligence, Fuel leak Fiji

A unanimous decision of Fiji’s Court of Appeal Ramendra Prasad v Total (Fiji) Limited, Civil Appeal No. ABU 90 of 2018, 28 February 2020 (Lecamwasam, JA, Almedia Guneratne, JA, Jameel, JA) has found Total (Fiji) Limited (“TOTAL”) negligent and liable for a fuel leak that was discovered in September 2008 close to Nausori on the island of Viti Levu, in Fiji.

In finding TOTAL negligent, liable and responsible for an underground fuel leak, Fiji’s Court of Appeal has affirmed Fiji’s Environment Management Act, 2005, and the principle “polluter pays” as well as affirming the actions and findings of Fiji’s Department of Environment.

In this legal update we focus on the key legal principles affirmed by the Court of Appeal as they are significant in terms of Fiji’s environmental jurisprudence and good governance.

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