The iTaukei Land Trust Board says misconceptions surrounding land ownership and mineral rights in Fiji have prompted it to clarify what the law states following widespread discussions on social media.

In a statement, TLTB said there appears to be ongoing confusion over who owns land beneath the surface, including claims that land below “three feet or six feet underground” belongs to the State.

The Board stressed that under Fiji’s laws, owners of iTaukei and freehold land retain ownership rights to their land regardless of depth.

“There are no provisions in law that differentiate between ownership of land above or below six feet from the surface of the land,” the statement said.

TLTB explained that Fiji has three categories of land tenure: iTaukei land, freehold land and State land.

According to the Board, about 91 percent of Fiji’s landmass is iTaukei land, owned by customary landowners and administered by TLTB under the iTaukei Land Trust Act 1940.

Freehold land makes up around six percent of the country’s landmass, while State land includes public land, foreshores and land under inland waters administered by the Department of Lands.

TLTB said the misunderstanding likely stems from confusion between land ownership and mineral ownership.

Under Fiji’s Constitution and the Mining Act, all minerals in Fiji, including precious metals and stones, are owned by the State regardless of whether they are found on iTaukei or freehold land. Petroleum resources are also owned by the State under the Petroleum (Exploration and Exploitation) Act 1978.

While landowners retain ownership of the land itself, the Board noted that mineral ownership remains reserved to the State.

Under the Fair Share of Mineral Royalties Act 2018, landowners currently receive 80 percent of mineral royalties paid to the State, while the government retains 20 percent.

However, TLTB argued that the current royalty structure does not provide a fair return to landowners.

“This means that landowners will only get 80 percent of the five percent royalty paid to the State, for example, on the value of gold extracted,” the Board stated.

TLTB also revealed it has made submissions to the Fiji Law Reform Commission seeking amendments to the State Lands Act and the Mining Act.

Among the proposed changes are calls to remove foreshores and inland waterbeds from the definition of State land, allowing ownership to revert to the respective iTaukei landowners.

The Board is also seeking amendments to return full ownership of minerals to iTaukei landowners and qoliqoli owners.

It confirmed similar submissions have been made to the Constitution Review Commission as part of the ongoing review of the 2013 Constitution.