The iTaukei Land Trust Board (TLTB) and the Department of Environment have admitted there were significant consultation, compliance and enforcement failures in the Freesoul Real Estate Development case, an episode that environmental officers say led to actual damage along the coastal environment of Malolo Island and prompted changes to Fiji’s environmental laws. The development, intended as a resort and casino, involved excavation through mangroves and a coral reef, TLTB and Department of Environment officials told questioning from Republic of Fiji Military Forces officer Isei Brown.
TLTB senior estate compliance and risk officer Sereana Tuisabeto told Brown that the Freesoul project exposed weaknesses in how approvals and conditions were monitored and enforced. “On the Freesoul case, as I have highlighted in the presentation, the conditions are very clear,” she said, citing existing requirements under the environment management framework. “They will need to comply with the environment management act. In that case we have learnt a lot of lessons, in terms of consulting landowners.” Tuisabeto said the board has expanded outreach to empower landowners to report breaches and to improve awareness of the approval and complaint processes.
Department of Environment senior environment officer Josua Waqanivalu said the Freesoul episode triggered legislative reform to close the procedural gaps that allowed works to proceed without adequate scrutiny. “It’s what led to the amendment of our legislation,” he told the forum. Waqanivalu said the amendments require that an Environmental Impact Assessment (EIA) be completed before development approvals are granted, and that both developers and approving authorities can be penalised if approvals are issued without following proper processes.
Officials did not provide a detailed timeline of when the excavation works were carried out or the precise scale of the ecological damage, but confirmed the case involved direct intrusion through sensitive coastal ecosystems, including mangroves and reef structures. Tuisabeto stressed that the board had issued clear conditions tied to environmental protection which, despite that, were not observed in practice, underscoring enforcement shortcomings.
The admissions mark a shift in how authorities characterise the Freesoul dispute. Previously public debate focused on the development’s legality and local opposition; the latest remarks by TLTB and the Department of Environment formally acknowledge institutional responsibility for weak compliance oversight. By combining strengthened landowner outreach with tighter statutory requirements for EIAs, officials say they aim to prevent similar breaches and to make accountability clearer when approvals are improperly granted.
The renewed emphasis on penalties and mandatory EIAs signals that regulators expect more rigorous due diligence and enforcement in future coastal developments. For communities on Malolo Island and other customary landholders, Tuisabeto said the expanded awareness work is designed to give landowners practical avenues to challenge or report non-compliant activity. Department of Environment officials are expected to publish details of the amended provisions and enforcement mechanisms as they are rolled out.
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