COMPANIES involved in unlawful activities on State land could face fines of up to $1million under proposed changes recommended in the Fiji Law Reform Commission’s review of the State Lands Act 1945.
This newspaper has obtained the commission’s report, which says existing penalties under the 81-year-old legislation are inadequate and do not serve as an effective deterrent for offenders or people who breach lease conditions.
Under the proposed Bill outlined in the report, offences committed by individuals would attract penalties of up to $250,000, five years imprisonment, or both.
For corporate bodies, the proposed penalty is $1million or 10 years imprisonment, or both.
This represents a significant increase from the general penalty under the existing Act, which the report says is a $100 fine, six months imprisonment, or both.
The commission highlighted several activities it says should be specifically addressed under the new legislation, including unlawful extraction of sand, gravel, rocks and soil from State land.
Unauthorised construction and the unlawful cutting of trees on State land would also be targeted.
The report says these activities can occur without a lease, licence or consent from the Director of Lands.
It recommends that penalties under the proposed legislation be strong enough to deter offenders and be aligned with Government policies on environmental protection and climate-change adaptation.
The commission also proposes giving the Director of Lands greater enforcement powers.
Under the proposed Bill, the director would be able to take possession of stock, timber, crops, boulders, stones or other personal property belonging to a person unlawfully occupying State land.
The director would also have discretion to dispose of property seized from an illegal occupant in a lawful manner.
The report notes that several offences under the existing State Lands Act either carry no specific penalty or rely on its general penalty provision.
One existing offence — unlawfully tearing down or removing a public notice — carries a fine of just $20.
A State Lands Bill 2026 is yet to be presented in Parliament.
