The High Court has decisively rejected Basic Industries Pte Limited’s bid to delay enforcing penalties after the company unlawfully cleared a section of iTaukei Reserve land in Tailevu for road construction. Justice Deepthi Amaratunga noted the company disregarded court orders, did not secure the necessary de-reservation under the iTaukei Land Trust Act 1940, and failed to perform an Environmental Impact Assessment as per the Environmental Management Act 2005. The actions not only breached statutory provisions but also violated the rights of iTaukei landowners.
Justice Amaratunga emphasized that the company prioritized economic interests over environmental responsibilities, neglecting remedial activities to mitigate the harm, leaving the reserve’s traditional owners adversely affected. The court had previously levied a $200,000 fine and a $200,000 security bond to ensure the reforestation and restoration of the reserve area.
Granting a stay, according to the judge, would undermine court authority, public interest, and environmental protection. The company possesses the means to comply with the fines and execute remedial work, and delaying enforcement would unnecessarily extend the damage inflicted upon the Reserve and its indigenous owners. Additionally, the court mandated Basic Industries to pay $1,500 in costs to the plaintiff within 21 days.
This ruling highlights a recurring theme of environmental and land use disputes within the region, aligning it with ongoing challenges related to land tenure and development rights. The judgment underscores the importance of strict adherence to legal and environmental guidelines, serving as a potent reminder of the need for responsible and sustainable land management practices. It offers hope that future development activities will be approached more conscientiously, ensuring that economic gains do not compromise environmental integrity and the rights of indigenous communities.
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