| Emily Samuela and James Sloan

Emily Samuela and James Sloan

Fiji Environmental Law update: High Court upholds Environment Management Act, 2005 and requirement for EIAs

Apr 5, 2023 / by Emily Samuela and James Sloan posted in Environmental Management Act 2005, Environmental governance, Environmental Impact Assessments, Fiji Planning and Environmental Law, Fiji Climate Change law

In a significant case law development relating to the illegal destruction of mangrove, coral reef and foreshore areas, the High Court of Fiji has upheld the importance of Environmental Impact Assessments ( EIAs) before development in mangrove and foreshore areas.

This case relates to the Fiji company Freesoul Real Estate Development (Fiji) PTE Limited ( Freesoul) that was found guilty by Fiji's criminal court of illegal development contrary to the Environment Management Act, 2005 ( EMA). For more information on the criminal prosecution of Freesoul click here

Now, the High Court (Mr. Justice Amaratunga) has determined that a criminal prosecution for breach of Fiji's environmental laws - does not stop - a separate civil claim for damages under the Environment Management Act, 2005. In other words any person who breaches Fiji's environmental laws potentially exposes themselves to criminal as well as civil liability. The High Court Judgment highlights the importance of healthy mangroves and coastal ecosystems in Fiji's national interest, makes the connection between the health of Fiji's environment and its adaptation to the effects of climate change, and is another significant contribution to Fiji's growing environmental law jurisprudence.

Jun 14, 2019 / by Emily Samuela and James Sloan posted in Oceans Law, Beche de mer, Fiji fisheries, Fisheries Act, Underwater breathing apparatus, Marine Conservation, Inshore fisheries, Fiji Oceans, Nearshore Fiji fisheries, Fiji Fisheries Regulations, fisheries law, Sovereign Rights, Integrated Oceans Management Pacific, Pacific Blue Economy, Oceans Governance, Ministry of Fisheries Fiji, Inshore Fisheries Management Division Fiji, Fiji fisheries laws, School of Marine Studies, University of the South Pacific

On Wednesday, 12 June 2019, by Legal Notice No. 32 ("Legal Notice"), the Minister of Fisheries in exercise of his powers amended the Offshore Fisheries Management Regulations 2014 and introduced seasonal bans of species of sea cucumbers, groupers and coral trout with effect from 1 June 2019.

The exercise of the Honourable Minister of Fisheries' powers reflects the growing public concern for the health and sustainability of Fiji's inshore fisheries, the ongoing success of Fiji's 4FJ public awareness campaign and the commitment and vision of Fiji's Ministry of Fisheries working with various NGOs and academics to take action to conserve and manage Fiji's vital fisheries resources for future generations in line with Fiji's commitments to the United Nations Ocean Conference.

In this bulletin, we set out the amendments to the law that are now in force, and briefly discuss the factors that have led to the implementation of this conservation initiative.

May 2, 2018 / by Emily Samuela and James Sloan posted in Oceans Law, Fisheries Act, Commercial fishing, Traditional fishing rights, Inshore fisheries, Fiji Oceans, fisheries management, Illegal fishing in Fiji's nearshore waters, Fiji Fisheries decision making, fisheries law, minimum fish sizes

The sustainable management of Fiji’s coastal fisheries is vital for national well-being and food security. One intuitive solution to improve nearshore and coastal fisheries is to enable fish to reach sufficient maturity so they have had the chance to breed before they are caught - in other words the adoption and enforcement of suitable minimum size limits.

The Fisheries Act, 1941 and Fisheries Regulations, at present, regulate nearshore fisheries using various mechanisms that include how fish may be caught, licensing and minimum fish sizes. However, recent work by fisheries scientists in Fiji suggest that the Regulations are out of date and not fit for purpose in the Fiji context. Fisheries scientists suggest that at present too many coastal and nearshore fish are being caught before they reach maturity and this is one reason that is contributing to a decline in Fiji's coastal and nearshore fish stocks.

In this bulletin, we consider the current law on fish sizes and the work being undertaken by fisheries scientists and the Ministry of Fisheries to address the question of what minimum sizes of fish should be caught in its coastal and nearshore waters.

Mar 22, 2018 / by Emily Samuela and James Sloan posted in Environmental governance, Fiji law, Fiji tax law, Fiji Charitable Trusts Act, Incorporation of not for profit

Under Fiji law, the Charitable Trusts Act, 1945 (Charitable Trusts Act) provides the legal process to incorporate (establish) a charitable trust. The incorporation of a charitable trust creates a legal "person" that may amongst other things: employ people, hold a bank account, secure office premises, enter contracts and sue and be sued.

To comply with section 2 of the Charitable Trusts Act, the proposed charitable trust must comply with one of the limited number of "charitable purpose[s]" set out in the Charitable Trusts Act. On Wednesday, 7 March 2018 by Legal Notice No. 14, the relevant Minister in exercise of his powers under the Charitable Trusts Act expanded the categories of "charitable purpose" to include:

· the conservation of the environment; and

· the provision of electricity to rural communities and households in Fiji that do not have such access.

Mar 21, 2018 / by Emily Samuela and James Sloan posted in Beche de mer, Fiji fisheries, Fisheries Act, Commercial fishing, Marine Conservation, Traditional fishing rights, Inshore fisheries, administrative law, Fiji's Constitution, Environmental governance, Nearshore Fiji fisheries, Fiji Fisheries decision making, Fiji Fisheries Regulations

Healthy stocks of fish and other aquatic animals in Fiji’s nearshore waters are vital for the nation’s well-being and food security needs. Healthy stocks are also a priority for the Ministry of Fisheries and Honourable Minister for Fisheries, Semi Koroilavesau who speaking in Parliament recently explained that the Ministry would refocus its efforts on nearshore and coastal fisheries with the aim of balancing development with national and local needs.

The good regulation of fishing activity in nearshore waters is part of the answer to improve fish stocks.

In this legal bulletin we consider the current nearshore fisheries regulatory regime and discuss how the use of Fisheries Regulations could improve fisheries management. The use of regulatory powers is an exercise of public law and as such Fiji’s common law system requires a careful and consultative decision-making process.

Mar 7, 2018 / by Emily Samuela and James Sloan posted in Fiji fisheries, Commercial fishing, Inshore fisheries, Fiji Oceans, Nearshore Fiji fisheries, Illegal fishing in Fiji's nearshore waters

Fishing in nearshore waters in Fiji is a common activity, however, it is not always easy to tell when that activity is lawful or unlawful.

Fiji is a common law jurisdiction and accordingly wild fish and other marine organisms in their uncaptured state belong to nobody and the principle ferae naturae applies. However, legislation can and does:

limit the type of species of fish or other aquatic animals that can be legally caught
prescribes limits to the fishing methods that can be used to capture fish
regulates other factors including the minimum size of the fish that may be legally caught and when a fishing licence is required.

In this bulletin we consider the fisheries legislation that is applied to nearshore waters and how it applies to different types of nearshore fishing activity with the aim of better explaining what could constitute illegal fishing activity in nearshore fishing waters. Please note this legal bulletin is prepared on the basis of the Fisheries Act, 1941 and the Fisheries Regulations as they are at the present time, and we are aware that the Ministry of Fisheries is reviewing this legislation with a view to updating it to better manage Fiji's important fisheries resources.

Ocean Law Bulletins

Emily Samuela and James Sloan

Recent Posts

Fiji Environmental Law update: High Court upholds Environment Management Act, 2005 and requirement for EIAs

Fiji Inshore Fisheries Management: commitment to conserve grouper and sea cucumber leads to amendments to Fiji’s Offshore Fisheries Management Regulation

Fiji fisheries law: Could improved regulation of minimum size limits lead to more sustainable fisheries and bigger fish in nearshore and coastal waters?

Fiji has amended the Charitable Trusts Act to include "conservation" and rural electrification projects as a charitable purpose

The management of Fiji’s nearshore fisheries will benefit from a good decision making process leading to Fisheries Regulations

Fiji fisheries law: When is fishing activity illegal in Fiji's nearshore waters?

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