The iTaukei Land Trust Board (TLTB) has stepped up its campaign for greater mineral rights and higher royalties for landowners, arguing that existing arrangements leave customary owners with only a fraction of the value of resources extracted from their land. In a statement, the board said ownership of minerals and petroleum currently rests with the State, but that the way royalties are calculated under existing regulations fails to deliver a “fair share” to iTaukei and freehold landowners.
TLTB highlighted that the Fair Share of Mineral Royalties Act 2018 entitles landowners to 80 percent of royalties paid to the State. However, the board pointed out the royalty base itself is small under the Mining Regulations 1966 — set at 3 percent of value for bauxite and iron ore and 5 percent for other minerals. That means landowners effectively receive 80 percent of that limited slice: for example, 80 percent of a 5 percent royalty on gold equates to just 4 percent of the mineral’s value, while 80 percent of a 3 percent bauxite royalty would be 2.4 percent.
Saying those returns are neither equitable nor commensurate with the use and loss of customary land, TLTB has lodged formal submissions with the Fiji Law Reform Commission as part of ongoing reviews of the State Lands Act and the Mining Act. The submissions call for major legislative changes, including an amendment to the definition of “State lands” to exclude foreshores and soils under inland waters so ownership rights in those areas would revert to the relevant iTaukei owners.
The board is also seeking amendments to the Mining Act that would restore full ownership of minerals to iTaukei landowners and qoliqoli owners — the latter being the customary owners of traditional fishing grounds. TLTB said these measures are intended to correct what it sees as an imbalance whereby the State holds mineral title but customary owners retain surface rights “regardless of depth,” yet receive minimal financial benefit when resources are extracted.
TLTB’s push on mineral ownership and royalties builds on earlier calls by the board for sweeping land-law reform. In January, TLTB chief executive Solomone Nata and the board urged re-examination of statutes such as the Agricultural Landlord and Tenant Act and other legislation that, they say, continue to undermine iTaukei returns from land use. The latest submissions extend that campaign into the minerals sector and into constitutional considerations.
In addition to the Law Reform Commission filings, TLTB said it is preparing further submissions to the Constitution Review Commission to press the case at a foundational legal level. The board warned its proposals are likely to reignite debate across government, industry and communities over resource ownership, customary rights and revenue sharing in Fiji’s mineral sector. The Law Reform Commission and other authorities have not yet published responses to the board’s proposals.