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Landmark High Court Sentence as Fiji company is fined $1m for breaches of Fiji Environmental Law for unauthorised development

May 10, 2022 / by James Sloan posted in Fiji mangroves, Environmental Management Act 2005, environmental law, Environmental governance, Environmental decision making, Environmental Impact Assessments, Fiji law, Fiji Environmental law, traditional rights, Precautionary Principle, Coral Reefs

On 28 April, 2022, Fiji's High Court (Hon. Mr Justice Gounder) passed sentence on a Fiji Company: Freesoul Real Estate Development (Fiji) PTE Limited fining it FJ$1m for two counts of carrying out unauthorised development contrary to Fiji's Environment Management Act, 2005 (EMA). The sentence is in Criminal Case No. HAC 282 of 2021 in State V Freesoul Real Estate Development (Fiji) PTE Limited ("Sentence").

The legal requirement for Environmental Impact Assessments (EIAs) for certain development activity has been in place in Fiji from 2008, and this Sentence is a timely reminder of the serious criminal penalties that will apply to developers who are found by Fiji's courts not to have followed the requirements of EMA.

This case may be the subject of an appeal - however, the Sentence sends a message in support of environmental law and standards for Fiji, and in this update we provide a summary of the Sentence and note the requirements for EIAs in Fiji and the Pacific.

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Fiji’s natural resources: governance and decision-making, the importance of participating

Jan 10, 2018 / by James Sloan posted in Traditional fishing rights, Fiji Oceans, environmental law, The Environment Management Act, Fiji's Constitution, Environmental governance, Environmental decision making, EIA, Environmental Impact Assessments

Fiji is a common law jurisdiction and a constitutional democracy that guarantees its citizens the right to a clean and healthy environment.

Fiji's Constitution and environmental laws also guarantee the rights of those concerned by any development that may have a significant impact on the environment to participate in the decision-making process. 

In this bulletin we consider how those who are concerned may exercise their rights to participate in decisions that will ultimately assist Fiji, its government and people better safeguard the environment, ocean and natural resources that are so vital for its economy and well being. 

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