Freesoul Fined $1M

Freesoul Real Estate Development (Fiji) PTE Limited has been fined $1 million for carrying out unauthorised developments at Malolo Island in Nadi in 2018.

The company was found guilty of undertaking unauthorised developments, between June 8, 2017, and December 6, 2018, at Malolo Island in Nadi.

Freesoul Real Estate Development (Fiji) PTE Limited carried out development activity on the dry land at Wacia and the foreshore facing Wacia and also on the dry land at Qalilawa and the foreshore facing Qalilawa which was subject to the Environmental Impact Assessment process without an approved Environment Impact Assessment (EIA) Report.

High Court Judge Justice Daniel Goundar has also ordered Freesoul Real Estate Development (Fiji) PTE Limited to post a refundable environmental bond of $1.4 million with the Department of Environment and rehabilitate the affected areas to the satisfaction of the Department of Environment at its own expenses.

He ordered that once the affected areas had been rehabilitated to the satisfaction of the Department of Environment, the bond may be refunded to the Free Real Estate Development (Fiji) PTE Limited.

He said it was a matter for the Department of Environment to lift the prohibition notice that was issued to the Freesoul Real Estate Development (Fiji) PTE Limited on June 1, 2018.

Justice Goundar said although the offending was not the most serious type, the offender’s culpability was high.

“The offender was involved in a large-scale tourism development for economic gain, causing damage to the environment,” he said.

“The sentence must reflect the community’s disapproval of the offender’s lack of respect for the environment.

“Environmental crimes are a unique category of offences.

“Any act which breaks the environmental law and causes major harm or risk to the environment or human health is considered an environmental crime.

“The land-based tourism project, if completed, may have benefited the community, but the harm that the offender has caused to the environment has diminished the benefits of that development,” Justice Goundar said.

He added that the offender had no regard for the marine life and corals that existed in the area where the channel was dug.

He also said that the structural damage done to the area was irreversible and the affected area could not be restored to its original state.

Permanent Secretary for the Ministry of Environment, Joshua Wycliffe

Mr Wycliffe has commended the hard work done by the Department of Environment and the team to have worked throughout the challenges.

He said the court’s sentence sent a clear message to the businesses about the need to comply and stop offending.

He added that the Ministry was pro-business and would assist and support businesses.

Mr Wycliffe said the court’s decision was a great outcome for the Department and he was happy with the decision handed down by the High Court Judge.

“I would like to congratulate the Director and the team for the hard work and dedication they showed towards this case,” Mr Wycliffe said.

“I would like to assure Fiji and the citizens of Fiji that we will not compromise the quality of the environment in Fiji and we will continue to work this is only an encouragement and a motivation to keep going.”

Director of Environment, Sandeep Singh

Speaking from overseas, Ms Singh said she was happy with the decision as it should put other “would-be” offenders on notice.

“We will not hesitate in prosecuting businesses and individuals who do not comply with our environmental laws,” Ms Singh said.

“We thank the Director of Public Prosecutions office for their assistance in this matter and all those who played a part in assisting the Department.”

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