STATE land lessees who migrate overseas could be required to inform the Director of Lands that they are migrating 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 identifies “absentee lessees” as a common concern raised by both members of the public and internal stakeholders during consultations.
The report defines absentee lessees as people who are either not physically living on their leased State land or are not using the land themselves.
It states there have been instances where lessees migrated overseas while their leases remained active, with other people continuing to occupy the property.
The report highlights particular concerns involving State land used for sugarcane farming, where occupants may work the land but have no control over it or receive no income from it, while farm proceeds are paid directly to the lessee overseas.
To address the issue, the commission recommends that leases contain a specific condition requiring a lessee to give the lessor one month’s written notice before migrating overseas.
For people travelling overseas for work, the proposed requirement would apply when they intend to be away for six consecutive months or longer.
The commission says this would give authorities time to address administrative issues that could arise while a lessee is overseas.
The report also identifies problems where an original lessee dies while a lease remains active and the next of kin delays applying to the High Court for Letters of Administration or Probate.
It says such delays have sometimes extended beyond two years and can make breach notices ineffective because there is no legal administrator or representative for the property.
The commission recommends giving the next of kin two years from the lessee’s death to apply for Letters of Administration or Probate.
If they fail to do so within that period, the Director of Lands would have discretion to terminate the lease, although relatives could seek additional time where there are genuine reasons for delay.
The review was based on nationwide consultations involving leaseholders, government agencies, civil society and other stakeholders.
Cabinet has since endorsed the State Lands Bill 2026 to replace the State Lands Act 1945, saying the proposed legislation is intended to strengthen transparency, accountability and efficiency in State land administration.
A State Lands Bill 2026 is yet to be presented in Parliament.
