CUSTOMARY fishing rights owners could receive 80 per cent of premiums and lease rentals collected from foreshore developments under recommendations from the Fiji Law Reform Commission’s review of the State Lands Act 1945.
The Fiji Times has obtained the commission’s report, which describes foreshore ownership as a sensitive issue raised during most public consultations around the country.
The report states that the iTaukei Land Trust Board had specifically sought a closed meeting with the Department of Lands and the commission to make submissions on the issue.
According to the report, TLTB’s position was that land under Fiji’s waters should revert to native owners and that the foreshore should be removed from the definition of State land.
The commission’s report, however, concludes that foreshore ownership would have to remain with the State under the proposed legislation because of existing constitutional provisions.
It says Section 29 of the 2013 Constitution protects ownership of land and rights and interests in land leases and tenancies that existed immediately before the Constitution came into effect.
“Unless Section 29 of the Constitution is amended or removed, the ownership of the foreshore will have to remain with the State under the Bill,” the report states.
Despite this, the commission recommends that customary fishing rights owners receive 80 per cent of the lease premium paid by foreshore lessees.
It also recommends they receive 80 per cent of lease rentals paid every six months for developments within their customary fishing rights zones.
The report says the proposal recognises the historical relationship of iTaukei with the foreshore and their customary fishing rights.
It notes the proposed 80–20 arrangement is also consistent with the Government’s new gravel and sand royalty distribution rate for resource owners.
The commission also recommends clearer legislative requirements for obtaining foreshore leases.
These would include environmental screening under the Environment Management Act 2005, obtaining a waiver of customary fishing rights, and paying compensation for the loss of those rights before development proceeds.
The report says many of these requirements currently appear in the ministry’s operational manual but should be incorporated into principal legislation to improve transparency and accountability.
A State Lands Bill 2026 is yet to be presented in Parliament.
