| Qoliqoli Bill to be tabled in Parliament
Fijilive.com Wednesday August 02, 2006
 | | Minister for Fijian Affairs Rt Naiqama Lalabalavu | Fiji’s Cabinet has approved the Qoliqoli (traditional fishing ground) Bill for tabling in Parliament.
In his submission, Minister for Fijians Affairs, Lands and Provincial Development, Ratu Naiqama Lalabalavu told Cabinet that the Bill marked the culmination of about 125 years of preparations and expectations by the Fijian chiefs and their tribes over their traditional customary qoliqoli rights.
"The Bill reconfirms the ownership of usage rights previously enjoyed by qoliqoli owners over their respective qoliqoli areas."
Ratu Naiqama said the principal objective of the legislation was to transfer to qoliqoli owners from the State, the proprietary ownership of their respective qoliqoli areas which are currently owned by the State.
"The transfer will be by operation of law and not through ordinary conveyance.
A Cabinet statement said Ratu Naiqama explained that claims for compensation for past use of qoliqoli areas would be disallowed.
"This is because currently all land that is to be transferred to the qoliqoli owners is owned by the State, and as such, the qoliqoli owners cannot claim for land that they do not currently own."
Ratu Naiqama said that under the legislation, land within qoliqoli areas would be deemed to be native reserve and may only be de-reserved through declaration by the Minister upon the request of the qoliqoli owners.
A major feature of the Bill is the establishment of the Qoliqoli Commission through the reconstitution of the Native Fisheries Commission (NFC).
"The Qoliqoli Commission will issue licences to undertake commercial fishing in any qoliqoli area, and will also appoint qoliqoli guardians to see that provisions of the Act are enforced in the qoliqoli areas.
Ratu Naiqama said no commercial fishing licence issued for operation within qoliqoli waters would be issued without prior consultations with the Qoliqoli Commission which would insist on certain conditions.
"No commercial operation can be undertaken within qoliqoli areas without prior approval of the NLTB after consultations with the Qoliqoli Commission and the qoliqoli owners."
He explained that in cases where commercial operation was approved, income from the operations would be paid into a trust fund for the benefit of qoliqoli owners.
Ratu Naiqama emphasised that ownership rights being conferred do not include and are subject to: the right of public access to the foreshores; the right of passage recognised and guaranteed under international law; any legal interests, including leases and licences granted over such qoliqoli areas; and, the right to the use of the waters within qoliqoli boundaries.
"Fears that transferring the proprietary rights to qoliqoli owners might affect the free passages of boats/vessels in Fiji waters are ill-founded.
"This is because firstly hardly any vessel covered by this protective principle needs passage over qoliqoli areas, and, secondly, because this right is especially preserved in this proposed legislation."
The legislation will come into force when preparations of all subsidiary laws and resourcing requirements are completed.
By fijivillage
Aug 2, 2006, 13:09
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