Commercial Law Updates

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 The new Forestry Act 2025 will, when it is brought into force by the Minister, replace the outdated Forest Decree 1992, and ensure alignment between the law and Fiji’s progressive policy landscape, including the Fiji Forest Policy 2007 and the Climate Change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.

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.

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:

• the significance of Town Planning Schemes to the way planning law and decisions operate in Fiji law
• the fact that the decisions made pursuant to Town Planning Schemes will have far reaching effects on all citizens, and may affect existing property rights
• Town Planning Schemes should be suited to Fiji’s context and linked to a shared and bold vision for Fiji’s future.

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.

Fiji has 3 types of land title ownership that are regulated in accordance with the Land Transfer Act. This provides a system of title by registration that accords with the Torrens Title System and bestows an indefeasible title on anyone who registers their title in accordance with the Land Transfer Act, in the absence of actual fraud.

Fiji’s system of written titles and different types of land ownership is not only unique in terms of protecting indigenous land ownership but it also provides Fiji with an advantage over most other Pacific Island States. This is because, in accordance with the Torrens Title System, Fiji, has a system of recorded titles that the State guarantees. This system provides certainty of title which reduces disputes over land ownership and benefits commerce and investment.

In this legal update we briefly set out the 3 types of Fiji land ownership, and update on a recent development in relation to the requirements for the lawful assignment of iTaukei leases.

Fiji's Land Transfer Act, Cap 131, confers an indefeasible title to land on any proprietor who registers the title in accordance with the Land Transfer Act. There is only one exception that can defeat a registered title and this arises where it can be shown that the registered proprietor obtained the title by actual fraud.

In this legal bulletin we explain the law in relation to indefeasibility of title which includes consideration of leading case authorities from New Zealand, Australia and Fiji. We also discuss a recent Fiji Court of Appeal case authority that confirms that a registered proprietor of land has indefeasibility of title whether he or she is a purchaser of the title or obtains the title as a volunteer under a will.