Landowners demand control over minerals beneath their land

Landowners in Ra Province are calling for the return of mineral ownership to landowners.

This was heard during the consultation on the review of the Mining Act 1965 and Quarries Act 1939 at the Rakiraki Market Hall yesterday. It was attended by about 50 villagers.

Penaia Namosimalua of Navitilevu, acknowledged clarification from the panel that landowners own only six feet below the soil.

Under the 2013 Constitution, land ownership extends to both the surface and subsurface, while the State owns naturally occurring minerals beneath the surface, as defined by the Mining Act.

However, he called for changes to the law.

“I strongly suggest that all minerals that belong to the State should be returned to the landowners. Please change that Act,” Mr Namosimalua said.

Mineral Resources Department technical adviser Apete Soro and Sovatabua Colanavanua formed the panel for the consultation.

Mr Soro said the issue would be challenging because mineral ownership was not only governed by the Mining Act, but was also captured in the 2013 Constitution.

“While this review will proceed on its own path, the newly appointed commissioners reviewing the Constitution may need to consider these views,” he said.

Key issues raised included the need for greater landowner participation in licensing and decision-making, calls for a fairer share of mining and exploration benefits, and strong advocacy for returning mineral ownership to those who own the land where the minerals are found.

2013 Constitution

Under the 2013 Constitution of Fiji, land ownership (whether freehold or customary iTaukei land) generally extends to both the surface and the subsurface. However, the State retains ownership of all minerals found in or under any land or water, as well as the right to extract them, as defined by Section 30 of the Constitution and the Mining Act.