The High Court of Fiji has refused a stay application by Basic Industries Pte Ltd in an environmental and iTaukei land rights case.
The company was previously found in civil contempt for violating court orders by constructing an access road through iTaukei Reserve land in Sawakasa, Tailevu, without the required de-reservation or Environmental Impact Assessment (EIA).
Presiding Judge Deepthi Amaratunga found that the company’s actions demonstrated “wilful disobedience” of both court orders and mandatory environmental laws, including the Environmental Management Act 2005 and Section 16 of the iTaukei Land Trust Act 1940.
The court had earlier imposed a $$200,000 fine and a $200,000 security bond for the reforestation and restoration of the damaged reserve.
Sakiusa Boladai Waqa, filed the contempt proceedings on behalf of the Mataqali Ulugai, arguing that Basic Industries disregarded the need for an EIA and cleared protected land despite being restrained by a 2019 judgment.
The company later obtained a purported lease but failed to follow the statutory de-reservation process and ignored the environmental mitigation orders.
Judge Amaratunga ruled that granting a stay would undermine the authority of the Court and the public interest in environmental protection.
“Economic benefit cannot be prioritised over the constitutional rights of iTaukei landowners or sustainable development obligations,” he said in a September 2 ruling.
The Court concluded that the company had failed to present any mitigating circumstances or demonstrate financial hardship.
