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TLTB notes that many views and comments have been shared on social media platforms regarding land and land ownership in Fiji. TLTB intends to demystify land ownership in Fiji to clear up misconceptions, particularly regarding the rights of iTaukei landowners.
The starting point of the discussion must be on the different land tenure types in Fiji, of which there are three: iTaukei land, Freehold land and State land
iTAUKEI LAND
The iTaukei Lands Act 1905 defines “iTaukei land” as land which is neither State Land nor subject of a State grant nor iTaukei grant, but includes:
(a) All vacant land, including such land declared as vacant land under section 19 of the iTaukei Lands Act 1905
(b) All land set aside by proclamation under section 18 of the iTaukei Land Trust Act 1940
(c) All extinct mataqali land vested in the Board under section 19 of the iTaukei Land Trust Act 1940
iTaukei Land is owned by the respective iTaukei owners and administered by TLTB for the benefit of the iTaukei owners under the iTaukei Land Trust Act 1940. About 91% of Fiji’s landmass is iTaukei land.
FREEHOLD LAND
Freehold lands in Fiji are Crown grants and represent absolute ownership of land in perpetuity (estate in fee simple). Lands which were sold prior to Fiji’s cession to Great Britain in 1874 required validation by the Lands Claims Commission in 1876. All validated sales were issued with a Crown Grant. A total of 1582 Crown Grants covering an area of 152,815 hectares thus became “freehold land”. Some Grown Grants have since been purchased or acquired by the State. These lands are now known as “State Freehold Lands”.
About 6% of Fiji’s landmass is freehold land.
STATE LAND
Under section 2 of the State Lands Act 1945 “State lands” means all public lands in Fiji including foreshores and the soil under the waters of Fiji (including all inland waters such as
rivers and streams) which are for the time being subject to the control of the state and all lands which have been or may be hereafter acquired by or on behalf of the State for any public purpose.
State land is owned by the State, administered by the Department of Lands, and leased/licensed under the State Lands Act.
Myth: land below “three feet or six feet underground” is owned by the State
Fact: if land is iTaukei land or freehold land, the respective iTaukei owners and registered owners of freehold land have full ownership rights, including to land more than six feet below the ground.
There are no provisions in law that differentiate between ownership of land above or below six feet from the surface of the land.
The misconception likely arises from applying mineral ownership to land ownership in Fiji.
Under the 2013 Constitution and the Mining Act, the State owns all minerals in Fiji – regardless of whether they are found on iTaukei land or freehold land. Minerals include all precious metals and precious stones. Also, under the Petroleum (Exploration and Exploitation) Act 1978, all petroleum is owned by the State.
What this basically means is that, while ownership of minerals and petroleum is reserved to the State, the owners of iTaukei or freehold lands have full rights to their lands regardless of depth.
Currently, under the Fair Share of Mineral Royalties Act 2018, landowners receive 80% of mineral royalties, with the State retaining 20%. However, this percentage applies to the royalty that is paid to the State under the Mining Regulations 1966. The rates currently prescribed under the regulations are as follows:
1. For bauxite or iron ore – at the rate of 3% of their value
2. For any other mineral – at the rate of 5% of their value.
This means that landowners will only get 80% of the 5% royalty paid to the State, for example, on the value of gold extracted. TLTB is of the view that royalty currently paid to the respective owners is neither a “fair share” nor does it represent an equitable return of their land.
TLTB SUBMISSION ON LEGISLATIVE REVIEWS
The TLTB has made submissions to the Fiji Law Reform Commission on the review of the State Lands Act and Mining Act for:
1. An amendment to the definition of “State lands” to exclude foreshore, and soil under inland waters, so that full ownership rights are reverted to the respective iTaukei owners
2. An amendment to the Mining Act for full ownership of minerals to be returned to the respective iTaukei land and qoliqoli owners
TLTB is also making submissions to the Constitution Review Commission on the review of the 2013 Constitution on the matters above.
TLTB MANAGEMENT