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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.
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Fiji Planning law: Fiji’s government has announced new Town Planning Schemes may be adopted for Suva, Lautoka and Nadi - an opportunity for consultation and good decision making

Jul 1, 2019 / by James Sloan posted in Environmental Management Act 2005, Investing in Fiji, Fiji commercial lawyers, Fiji Planning Law, Fiji Planning and Environmental Law, Town Planning Fiji, Town and Country Planning Fiji, Town Planning Schemes Fiji

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.
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