The High Court of Fiji has denied Basic Industries Pte Ltd’s request for a stay in a case concerning serious breaches of environmental laws and iTaukei land rights. This decision stems from the company’s previous civil contempt violation, where it constructed an access road through the iTaukei Reserve land in Sawakasa, Tailevu, without proper permissions or a mandatory Environmental Impact Assessment (EIA).
Justice Deepthi Amaratunga presided over the case, emphasizing that Basic Industries exhibited “willful disobedience” by ignoring previous court orders. These actions violated the Environmental Management Act 2005 and Section 16 of the iTaukei Land Trust Act 1940. As a consequence, the court had imposed a significant penalty—a fine of $200,000 alongside a $200,000 security bond dedicated to the restoration and reforestation of the affected reserve area.
The case was brought forth by Sakiusa Boladai Waqa on behalf of the Mataqali Ulugai, who argued that Basic Industries neglected essential environmental procedures and unlawfully cleared protected land, defying a 2019 court order. Despite acquiring a lease later on, the company failed to follow the necessary statutory de-reservation process and ignored mandated environmental mitigation measures.
Justice Amaratunga firmly stated that allowing a stay would compromise the authority of the court and public interest regarding environmental conservation. He underscored that economic gains should not trump the constitutional rights of iTaukei landowners and obligations towards sustainable development.
The court found that Basic Industries did not show any mitigating circumstances or financial hardship, reiterating the importance of adherence to legal and environmental guidelines. The ruling reinforces the significance of responsible development practices and serves as a reminder of the enduring need for sustainable land management.
This judgment adds to the region’s ongoing tapestry of environmental and land disputes, shining a light on the necessity for firm legal frameworks and exhibitions of due diligence in developmental activities. It sets a powerful precedent ensuring future projects give due regard to environmental integrity and the rights of indigenous communities. While presenting legal and financial repercussions for the company, this outcome aims to instill a more conscientious approach to land use and management in Fiji.
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