Sainimili Magimagi 
[Photo: FILE]
The Fiji Council of Social Services is warning that the proposed Customary Marine Areas Bill could leave customary owners with ownership rights but little control over what happens in their waters.
Appearing before the parliamentary committee reviewing the bill, FCOSS Program Manager Josaia Tokoni highlighted what he described as a major legal contradiction.
Tokoni says while the bill transfers ownership of the seabed and subsoil to customary owners, the Mining Act still gives ownership of minerals to the State.
FCOSS says this means communities could legally own their marine areas but still be unable to stop mining activities beneath them.
“A community could hold a vesting order over their marine areas and still be powerless to stop a mining company extracting minerals from right beneath their feet.”
Tokoni says Parliament must address the inconsistency before the bill becomes law.
EFCOS is calling for an amendment that would require the free, prior and informed consent of customary owners before any mining licence or seabed extraction activity is approved within vested marine areas.
The Council says ownership rights must be backed by decision-making authority if the legislation is to achieve its intended purpose.
