ODPP Pryde Sanctions Charge On Island Resort Developer

The Director of Public Prosecutions (DPP) Christopher Pryde has sanctioned charges against Malolo Island developer; Freesoul Real Estate Development (Fiji) Private Limited.

Mr Pryde formally charged the company yesterday under the Environment Management Act of 2005.

He said in a statement that the charges relate to the company’s failure to comply with a Prohibition Notice issued by the Ministry of Waterways and Environment in June last year.

The company is alleged to have carried out development activity on the island without an approved Environmental Impact Assessment Report.

Mr Pryde said they were satisfied that there was sufficient evidence to put before the Court.

“We have been working closely with the Ministry of Waterways and Environment to finalise certain outstanding issues and are now satisfied there is sufficient evidence to put before the court,” Mr Pryde said.

“We have also been in contact with the police who will be monitoring the situation on Malolo Island whilst the matter proceeds in court.”

He said it appeared that the offending was ongoing and it was likely that the company and its directors would face further charges.

Under the Environment Act, if convicted, the company and its directors face a fine of up to $750,000 or an imprisonment term of up to 10 years, or both.

In a statement released on Thursday, the Minister for Environment, Mahendra Reddy, confirmed that a new resort was under construction on the island.

He said the Department of Environment came into contact with the company on June 15, 2017, when they lodged an environmental impact assessment (EIA) screening application with the intention of building the resort.

The proposed resort was to include overwater villas, restaurants, a club and a casino, as well as beachfront units, ridge units, a kindergarten, a spa, and back-of-house facilities.

Mr Reddy said after conducting the EIA, the number of accommodation units was reduced from 351 to 102, and the construction of the casino was rejected.

He added that a scaled-back version of the project was approved in December last year and the company was given strict conditions to fulfil before works were to begin on site.

Kenneth Chambers of Naco Chambers, who had initially raised concerns about the development last year, said yesterday: “If the government were going to prosecute Freesoul back in September 2018 for breaches of the Environment Act someone needs to tell them it is now February 2019!”

Mr Chambers is the lawyer representing the landowners adjoining the Freesoul development on Malolo Island.

Edited by Naisa Koroi

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