The Denarau (Nadi River) Development Decree 2011 has been approved by Cabinet and published in the Government Gazette.
The Decree will come into force as law from February 9, 2011.
The Decree has been promulgated to liberalise access to and use of the Nadi River channel for the public of Fiji for the purposes of tourism, recreation or personal as well as commercial use.
The channel comprises the entrance of the Nadi River and upstream in the vicinity of Denarau Island.
Since 2000, access to and the use of the channel was exclusively granted to Ports Denarau Marina Limited ("PDML") by way of a special licence issued by the Director of Lands over this State foreshore land. The special licence was issued for a period of 20 years with effect from January 1999, to an area of approximately 26 hectares at an annual rental of only $400.00.
Under the special licence, PDML was given the sole right of occupation and use of the channel.
As a result of this exclusivity, all persons, including all owners and operators of vessels, were required to pay for the access and the use of the channel.
Numerous complaints were received by the Government against the grant and operation of this exclusive special licence.
Given the potential value of the channel for the tourism industry, the Decree allows for unrestricted access to and the use of the channel by any person for the purposes of tourism, recreation or any personal or non-commercial use, without the need to obtain any permit or approval from any person and without the payment of any monies or compensation to any person.
The Minister for Tourism, Mr Aiyaz Sayed-Khaiyum said that “as with the liberalisation of all surfing areas in Fiji by the Regulation of Surfing Areas Decree last year, the Bainimarama Government is committed to remedying the previous practices of granting exclusive licences to public areas in Fiji to certain selected persons or bodies”.
“With this Decree, Government aims to encourage greater use of the channel for the purposes of tourism and recreation. The free access and use of the channel, which is State foreshore land, also provides an opportunity for all Fijians in the proximity of the channel to engage directly and indirectly in business ventures that involve the use of the channel.”
Under the Decree, any person, who intends to access and use the channel, which is State foreshore land, for any commercial use or install any structure of any sort in the channel must apply for approval from the minister.
The Decree vests absolutely in the Director of Lands any existing interest in the channel.
Any licence or any other instrument of title issued to any person or body in relation to the channel is cancelled.
Any person who obstructs or prevents any person from accessing or using the channel, shall be guilty of an offence and liable to a fine and/or imprisonment.
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