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Fiji

  • Constitution of Fiji, 1970
  • Constitution of the Sovereign Republic of Fiji1, 1990

The Constitution of Fiji contains in its 186th Article the following provisions regarding natural resources.
“(1) The Parliament must make provision for the application of customary laws and for dispute resolution in accordance with traditional Fijian processes. […](4) A law fixing amounts under subsection (3) must require that account be taken of: (a) any benefits that the owners are likely to receive as a result of the mineral exploitation; (b) the risk of environmental damage; (c) any legal obligation of the State to contribute to a fund to meet the cost of preventing, repairing or compensating for any environmental damage; (d) the cost to the State of administering exploitation rights; and (e) the appropriate contribution to the general revenue of the State to be made by the person granted exploitation rights.”

The Environment Management Act, 2005, was acted by the Fiji Islands “for the protection of the natural resources and for the control and management of developments, waste management and pollution control and for the establishment of a national environment council and for related matters”. Article 3 states that:
1. “Without prejudice to section 5 of the Penal Code this Act extends to the exclusive economic zone within the meaning of the Marine Spaces Act.
2. The purposes of this Act are-
(a) to apply the principles of sustainable use and development of natural resources; and
(b) to identify matters of national importance for the Fiji Islands as set out in subsection (3).
3. A person required to perform any function under this Act relating to the use and utilization of natural and physical resources must recognize and have regard to the following matters of national importance:
(a) the preservation of the coastal environment, margins of wetlands, lakes and rivers;
(b) the protection of outstanding natural landscapes and natural features;
(c) the protection of areas of significant indigenous vegetation and significant habitat of indigenous fauna;
(d) the relationship of indigenous Fijians with their ancestral lands, waters, sites, sacred areas and other treasures; or
(e) the protection of human life and health.
4. A person performing a function under this Act relating to the use of natural resources must have regards to the following:
(a) the traditional owners or guardians of resources;
(b) the maintenance and enhancement of amenity values;
(c) the intrinsic values of ecosystems;
(d) the maintenance and enhancement of the heritage values of building and sites;
(e) the maintenance and enhancement of the quality of the environment;
(f) the finite characteristic of natural and physical resources.”

The Department of Environment’s website also provides all the information regarding environmental protection settled by the Environment Impact Assessment of Fiji.





1. An English version of the Constitution of Fiji and its 1997 amendments can be found on the official website of the Government.