Nikhil Aiyush Kumar 
[Photo: Supplied]
Water ownership and compensation for landowners should be clearly recognised in Fiji’s Constitution, says former Permanent Secretary Taitusi Naicolakia. He warns that existing laws do not adequately address these issues.
Making a submission during public consultations on the Constitutional Amendments Bill in Navua, Naicolakia said Section 43 of the proposed amendments identifies minerals, oil and gas as natural resources but does not specifically include water.
He said land and water are closely connected and should receive equal recognition under the law.
Naicolakia stressed that landowners in water catchment areas should receive fair compensation, particularly when water sourced from their land is diverted to supply towns and cities.
He said compensation for catchment areas had been discussed for years, but the economic value of water supplied to urban communities remained inadequately addressed through legislation.
Drawing on his experience with the Water Authority of Fiji, Naicolakia said concerns over compensation for water catchment areas had long been raised by landowners.
He also proposed renaming the Ministry of Lands and Mineral Resources to the Ministry of Land, Water and Mineral Resources to give water greater recognition in government administration.
Naicolakia further raised concerns about changes in river courses, which can alter land boundaries and affect ownership. He said existing legislation did not adequately address the implications when landowners gained or lost land because of these changes.
He urged the committee to consider a separate constitutional provision covering water ownership, governance and compensation, saying these issues needed clearer legal recognition.
