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Fiji Legislation |
LAWS OF FIJI
Revised Edition
1985]
CHAPTER 141
LAND CONSERVATION AND IMPROVEMENT
TABLE OF PROVISIONS
SECTION
1.
Short title
2.
Interpretation
3. Establishment of
Board
4. Quorum and proceedings of the
Board
5. Functions of the
Board
6. Conservation
Committees
7. Power of Board to make
conservation orders
8. Power of Board
to make closing
orders
9.
Orders to do
work
10. Time of operation of
orders
11.
Appeal
12. Revocation and amendment of
orders by Board
13. Conservation
officers
14. Rights of
entry
15.
Offences
16. General
penalty
17. Compensation to tenant for
improvements
18. Increase of rent
where works carried out by owner
19.
Right of entry by owner
20.
Application of Act to Crown
21.
Service of notice
22. Order of Board
not to be invalid by reason of
vacancy
23. Saving
---------------------------------------------
Ordinances
Nos. 16 of 1953, 32 of 1954, 16 of 1959, 37 of
1966,
Legal
Notices Nos. 112 of 1970, 118 of
1970,
Act No. 14
of 1975
AN ACT TO MAKE PROVISION FOR THE CONSERVATION AND IMPROVEMENT OF THE LAND AND WATER RESOURCES OF FIJI
[10th July 1953]
Short title
1.
This Act may be cited as the Land Conservation and Improvement
Act.
Interpretation
2.
In this Ordinance, unless the context otherwise requires-
"Board" means the Land Conservation Board established under section 3;
"livestock" includes horses, donkeys, mules, cattle, sheep, pigs and goats;
"owner", in relation to land, means a person, other than a mortgagee not in possession, who is, for the time being, entitled to dispose of the fee simple of the land, and includes also a person holding land or entitled to the rents and profits of land under a lease registered under the provisions of the Land Transfer Act;
(Cap. 131.)
"vegetation" includes trees, reeds, brush-wood, undergrowth and grassers but, in relation to any land, does not include any plant which is a noxious weed as defined in the Plant Quarantine Act, in an area which includes such land.
(Cap. 156.)
(Amended by Ordinance 37 of 1966, s. 46.)
Establishment of Board
3.
- (1) There is hereby established a Land Conservation
Board.
(2) The Board shall consist
of-
(a) the Director of Agriculture* who shall be chairman;
(b) the Permanent Secretary for Works†;
(c) the Director of Lands and Surveyor-General‡;
(d) the Conservator of Forests;
(e) 5 other members, not being persons holding any office of emolument under the Crown, appointed by the Minister.
(Amended by Legal Notice 112 of 1970.)
*See
Legal Notice No. 114 of 1974.
†
See Legal Notices
Nos. 163 of 1971, 143 of 1975.
‡
See Legal Notice No.
63 of 1982.
(3) Members appointed
by the Minister under the provisions of subsection (2) shall hold office for 2
years from the date of appointment
and may be
re-appointed:
Provided that any
such member may, at any time, by writing under his hand addressed to the
Minister, resign his
appointment.
(Amended
by Legal Notice 112 of 1970.)
(4)
If a member is prevented, from illness, absence from Fiji or other cause, from
exercising his functions on the Board, the Minister
may appoint any person to
act as deputy for such member during his
inability:
Provided that a person
holding an office of emolument under the Crown shall not be appointed to act as
deputy to any member appointed
under paragraph
(e)
of subsection
(2).
(Amended by
Legal Notice 112 of 1970.)
(5) If
a member, not being a person holding an office of emolument under the Crown,
fails to attend 3 consecutive meetings of the
Board, he shall, unless the
failure was due to some reason approved by the Board, cease to be a member of
the
Board.
(Inserted
by Ordinance 16 of 1959, s.
2.)
(6) Upon any member so ceasing
to be a member of the Board, the Minister may appoint any person, other than a
person holding an office
of emolument under the Crown, to be a member of the
Board in his
stead.
(Inserted
by Ordinance 16 of 1959, s. 2; amended by Legal Notice 112 of
1970.)
Quorum and proceedings of the Board
4.-(1)
Five members of the Board shall constitute a quorum at any meeting of the
Board.
(2) All acts, matters and
things authorised and required to be done by the Board shall be decided by
resolution at any meeting at
which a quorum is
present.
(3) The chairman at any
meeting shall, in addition to his deliberative vote as a member of the Board,
have a casting vote.
(4) In the
absence of the chairman at any meeting of the Board, the members present shall
elect one of their number to be
chairman.
(5) The procedure of the
meetings of the Board shall be determined by the Board.
Functions of the Board
5.
The functions of the Board shall be
-
(a) to exercise general supervision over land and water resources;
(b) to stimulate, by propaganda and such other means as it may deem expedient, public interest in the conservation and improvement of land and water resources;
(c) to recommend to the Minister the nature of legislation by it deemed necessary for the proper conservation and improvement of land and water resources;
(d) to make orders under sections 7, 8 and 9,
(Amended by Legal Notice 112 of 1970.)
Conservation Committees
6.
- (1) The Minister* may, by notice in the Gazette, for the area defined in such
notice, appoint Conservation
Committees.
(Amended
by Legal Notice
1970.)
*Delegated
to Permanent Secretary for Primary
Industries
(2) The functions of a
Conservation Committee shall be to advise the Board on matters relating to the
conservation of land and water
resources in the area for which the Committee is
appointed.
Power of Board to make conservation orders
7.
- (1) The Board may, where it deems it expedient for the conservation or
improvement of land or water resources, make orders, herein
called "conservation
orders".
(2) A conservation order
may-
(a) prohibit, regulate and control the breaking up or clearing of land for cultivation or any other purpose;
(b) prohibit, regulate and control the grazing and watering of livestock;
(c) prohibit or restrict the cultivation of crops specified in the order;
(d) regulate the method of cultivation of land;
(e) require the uprooting or destruction, without payment of any compensation therefor, of any crop which has been planted in contravention of any of the provisions of a conservation order;
(f) prohibit, regulate and control the use of sledges;
(g) prohibit, regulate and control the lighting of fires and burning of vegetation.
(Inserted by Ordinance No. 16 of 1959, s. 3.)
(3)
A conservation order may be general or
particular.
(4) A general
conservation order shall-
(a) be published in the Gazette; and
(b) specify the area to which it extends.
(5)
A particular conservation order shall-
(a) be in writing under the hand of the chairman of the Board;
(b) specify the land to which it relates; and
(c) be addressed to, and served upon, the owner or occupier or both, as the Board may decide, of the land to which it relates.
Power of Board to make closing orders
8.
- (1) The Board, where it is of opinion that any land is being or has become
despoiled, may, by order published in the Gazette, direct
that such land be a
closed area.
(2) Such an order,
hereafter in this Act called a "closing order", shall-
(a) specify the area to which it relates; and
(b) state that-
(i) the occupation of land;
(ii) the cultivation of land;
(iii) the depasturing of cattle;
(iv) the cutting down of vegetation; and
(v) the destruction of vegetation, within that area are prohibited.
(Substituted by Ordinance 32 of 1954, s. 2.)
Orders to do work
9.
- (1) The Board may, by order in writing, require any owner or occupier, as the
Board may decide, of any land to construct and maintain
on the land such works
for the conservation of land or water resources as are specified in the
order.
(2) Where the owner or
occupier, as the case may be, refuses or fails to comply, within such reasonable
time as may be fixed by the
Board, with the terms of any order issued to him
under this section, the Director of Agriculture, his servants and agents, may
enter
upon the land and may there carry out the works specified in the
order.
(3) Where the Director of
Agriculture carries out works under the provisions of subsection (2), the
reasonable costs incurred by him
in so doing may be recovered from the owner or
occupier, as the case may be, as a debt due to the
Crown.
(4) A certificate signed by
the Director of Agriculture stating the reasonable cost of the works shall be
prima facie
evidence of its contents.
Time of operation of orders
10.
- (1) A general conservation order and a closing order shall, unless an appeal
is made under the provisions of section
11,
come into operation 90 days after publication in the
Gazette.
(2) A particular
conservation order shall come into operation, in relation to any person affected
by it, 90 days after service of
the order on such person, unless such person has
appealed under the provisions of section
11.
(3)
An order under the provisions of section
9
shall, in relation to any person affected
by it, come into operation 30 days after service on such person, unless such
person has
appealed under the provisions of section
11.
Appeal
11.
- (1) Any owner or occupier of any land affected by a general conservation order
or a closing order may, within 30 days of the publication
of such order in the
Gazette, appeal, by petition in writing, to the
Minister.
(2) Any person served
with a particular conservation order or an order made under section
9
may, within 30 days of such service, appeal, by petition in writing, to the
Minister.
(3) On any appeal
against a general conservation order or a closing order, the Minister may
dismiss the appeal or may disallow or
modify the
order.
(4) On any appeal against a
particular conservation order or an order under section
9,
the Minister may dismiss the appeal or may disallow or modify the order as it
affects the appellant.
(5) For the
purpose of modifying an order, the Minister shall have all the powers vested in
the Board by sections
7,
8
and
9.
(Substituted
by Ordinance 32 of 1954, s. 3; amended by Legal Notice 112 of
1970.)
Revocation and amendment of orders by Board
12.
The Board may, at any time, revoke or amend a conservation order made by it and
may do so notwithstanding that it has been modified
by the
Minister:
Provided that an
amendment of an order shall come into operation and be subject to appeal in like
manner as the original
order.
(Amended by
Ordinance 32 of 1954, s. 4; Legal Notice 112 of 1970.)
Conservation officers
13.
The Minister may appoint conservation officers, whose duty it shall be to assist
the Board in supervising land and water resources
and encouraging the
conservation and improvement of land and water resources.
Rights of entry
14.-(1)
A conservation officer shall have the right, at any time during the day, to
enter upon any land-
(a) for the purpose of ascertaining whether any measures are necessary or desirable for the conservation or improvement thereof;
(b) for the purpose of ascertaining whether the lands are being used in accordance with the provisions of any conservation order in force;
(c) for the purpose of ascertaining whether works ordered under the provisions of section 9 are or have been carried out.
(2)
Any person who wilfully hinders or obstructs a conservation officer in the
exercise of his powers under this section shall be
guilty of an offence against
this Act.
Offences
15.-(1)
Any person who contravenes or fails to comply with a general conservation order
shall be guilty of an offence against this
Act.
(2) Any owner or occupier
who, having been lawfully served with a particular conservation order, during
the operation thereof, contravenes
or fails to comply with or permits any person
to contravene such order shall be guilty of an offence against this
Act.
(3) Any person
who-
(a) occupies or cultivates any land;
(b) depastures livestock; or
(c) cuts down or destroys vegetation,
in
a closed area shall be guilty of an offence against this
Act.
(4) Any person lawfully
served with an order under the provisions of section
9
who fails to comply with such order
within a reasonable time fixed by the Board from the date of operation thereof
shall be guilty
of an offence, unless he satisfies the court that such failure
was due to circumstances beyond his control.
General penalty
16.
Any person guilty of an offence against this Act for which no penalty is
expressly provided shall be liable, on conviction, to a
fine not exceeding $200
or to imprisonment for a period not exceeding 6 months, or to both such fine and
imprisonment.
Compensation to tenant for improvements
17.
- (1) Where a tenant has carried out, at
his own expense, work which he has been required to carry out by an order under
the provisions
of section
9,
or the costs of carrying out such work have been recovered from him under the
provisions of that section, such tenant shall be entitled,
at the termination of
his tenancy and on quitting the land, to obtain from his immediate landlord as
compensation such sum as fairly
represents the residuary value of such work to
such landlord.
(2) Any person who
is required to pay and pays compensation under subsection (1) shall be deemed
himself to have been required to
carry out the work by an order under the
provisions of section
9 and to have carried it out at his own
expense.
Increase of rent where works carried out by owner
18.-(1)
Where-
(a) any owner has carried out at his own expense any work which he has been required to carry out by an order under section 9, or the costs of carrying out such work have been recovered from him under the provisions of that section; and
(b) any part of the land affected by the work is leased by such owner to any tenant on an annual tenancy, or a tenancy for a term of years of which the unexpired portion is not less than one year,
such
owner may apply to a resident magistrate* for an order increasing the rent of
such tenant. (Amended
by Legal Notice 118 of
1970.)
*(See Legal
Notice No. 44 of 1977.)
(2) The
applicant shall give notice of the application to his tenant aforesaid and such
tenant shall be a party to the
application.
(3) Any tenant
who-
(a) is a party to an application under this section; and
(b) has himself sub-let any part of the land to any sub-tenant on an annual tenancy, or on a tenancy for a term of years of which the unexpired portion is not less than one year,
may
serve notice of the application on such sub-tenant and such sub-tenant shall
thereupon be made a party to the
application.
(4) On any
application, the court may increase the rent payable under
his
lease or sub-lease by any tenant or
sub-tenant who is a party to the application by such amount, if any, as fairly
represents the
increased rental value of the land comprised in such lease or
sub-lease attributable to the work carried out and such lease or sub-lease
shall
thereafter be construed as if the rent so increased were substituted for the
rent payable thereunder at the time of the
order.
(5) Where, in any lease or
sub-lease, there is provision for reassessment of the rent, the value of
unexhausted improvements resulting
from work carried out by reason of an order
under section
9 may, notwithstanding any term of the
lease or sub-lease which may otherwise provide, be taken into account in such
re-assessment:
Provided that such
improvements may not be taken into account in re-assessing the rent of a tenant
or sub-tenant who-
(a) has himself carried out the work to which the improvements relate; or
(b) has, under the provisions of subsection (2) of section 17, been deemed to have carried it out.
Right of entry by owner
19.
Any owner of land required under the provisions of section
9
to construct or maintain works thereon may, at all reasonable times, enter upon
such land for that purpose, notwithstanding that
the land is leased to or is in
the occupation of another
person.
(Amended
by Act 14 of 1975, s. 32.)
Application of Act to Crown
20.
- (1) Orders made under the provisions of section
7
or section 8
may relate to land, notwithstanding that
it is Crown land.
(2) Orders made
under the provisions of
section
9 may relate to land, notwithstanding
that it is Crown land, but nothing in that section shall be deemed to enable the
Board to require
the Crown to carry out
works.
(3) The provisions of
section
17
shall bind the Crown.
Service of notice
21.
- (1) Any order authorised or required by this Act may be served on the person
to whom it is to be given either -
(a) personally; or
(b) by leaving it for him at his last known place of abode in Fiji; or
(c) by sending it through the post in a registered letter addressed to him there.
(2)
Where any such document is to be served on a person by being sent through the
registered post-
(a) it shall be deemed to have been served not later than the thirtieth day succeeding the day on which it was posted; and
(b) for proof of such service, it shall be sufficient to prove that the letter containing the document was properly addressed, registered and posted.
Order of Board not to be invalid by reason of vacancy
22.
No order of proceeding of the Board shall be invalidated in consequence of there
being a vacancy in the members of the Board at the
time of such order or
proceeding.
Saving
23.
The provisions of this Act shall not apply to any land within a
town.
(Substituted
by Legal Notice 118 of 1970; amended by Act 14 of 1975, s. 32.)
----------------------------------------------------------------
Controlled by Ministry of Primary Industries
CHAPTER 141
LAND CONSERVATION AND IMPROVEMENT
-----------
SECTION 7 – CONSERVATION ORDERS
----------
Order 21 September 1959
1.
All sugar cane grown in Fiji shall be planted in drills or furrows running
across the slope and at right angle to the fall of the
land.
Orders
22 April 1961, 2 June
1961,
Legal Notice
No. 98 of 1979
2.
The depasturing of livestock is prohibited within the area of the province of Ra
specified in the Schedule.
------------
SCHEDULE
All that parcel of land
bounded on the west by part of the eastern boundary of Caboni freehold C.T. 4716
and contained wholly within
Nanuku freehold C.T. 6796 containing an area of 263
ha in the Tikina of Rakiraki in the Province of Ra and which is more
particularly
described as
follows:-
Starting at a point on
the common boundary of Nanuku C.T. 6796 and Caboni C.T. 4716 freehold said point
being on a bearing of 310
degrees 25 minutes 40 seconds and at a distance of 987
m from Suvasuvatuidamu Trigonometrical Station on the southernmost point of
Nanuku freehold C.T. 6796;
thence
in a north-westerly direction following the common boundary of Nanuku C.T. 6796
and Caboni C.T. 4716 by the following lines
on a bearing of -
332
|
degrees
|
44
|
minutes for a distance
of
|
128m
|
270
|
"
|
47
|
"
|
127m
|
318
|
"
|
16
|
"
|
66m
|
344
|
"
|
39
|
"
|
329m
|
331
|
"
|
48
|
"
|
95m
|
304
|
"
|
48
|
"
|
210m
|
324
|
"
|
45
|
"
|
337m
|
290
|
"
|
27
|
"
|
233m
|
313
|
"
|
51
|
"
|
192m
|
351
|
"
|
00
|
"
|
179m
|
320
|
"
|
41
|
"
|
466m
|
299
|
"
|
06
|
"
|
193m
|
247
|
"
|
23
|
"
|
120m
|
to a point known as
"Vatutuna".
Thence generally in
westerly, northerly, easterly and southerly directions by the following lines on
a bearing of -
300
|
degrees
|
00
|
minutes
for a distance of
|
322
m
|
more
or less
|
241
|
"
|
00
|
"
|
292
m
|
"
|
12
|
"
|
00
|
"
|
241
m
|
"
|
334
|
"
|
00
|
"
|
221
m
|
"
|
314
|
"
|
00
|
"
|
121
m
|
"
|
337
|
"
|
00
|
"
|
392
m
|
"
|
318
|
"
|
00
|
"
|
342
m
|
"
|
108
|
"
|
00
|
"
|
1,459
m
|
"
|
136
|
"
|
30
|
"
|
322
m
|
"
|
84
|
"
|
00
|
"
|
282
m
|
"
|
00
|
"
|
00
|
"
|
272
m
|
"
|
84
|
"
|
00
|
"
|
905
m
|
"
|
207
|
"
|
00
|
"
|
795
m
|
"
|
172
|
"
|
00
|
"
|
523
m
|
"
|
197
|
"
|
00
|
"
|
402
m
|
"
|
148
|
"
|
00
|
"
|
986
m
|
"
|
227
|
"
|
00
|
"
|
252
m
|
"
|
to the starting
point.
Containing an area of 263 ha more or less and being more particularly delineated on plan No. 488 lodged in the office of the Director of Lands and Surveyor-General, Suva.
Order 2 January 1964
3.
The use of sledges is prohibited on any
vehicular road used by the public.
-------------
SECTION
7 - LAND CONSERVATION AND
IMPROVEMENT
(FIRE
HAZARD PERIOD) ORDER
---------------
TABLE OF PROVISIONS
---------------
PARAGRAPH
1.
Short title
2.
Interpretation
3. Prohibition of
burning of vegetation
4.
Exceptions
5.
Revocation
Schedule - Designated Areas
------------------
Legal Notice No. 52 of 1969
Short title
1.
This Order may be cited as the Land Conservation and Improvement (Fire Hazard
Period) Order.
Interpretation
2.
In this Order, unless the context otherwise requires-
"designated area" means an area specified in the Schedule;
"fire hazard period" means the period between 1 July and 31 December in any year.
Prohibition of burning of vegetation
3.
No person shall burn vegetation in a designated area during a fire hazard
period.
Exceptions
4.
This Order shall not apply to the burning of vegetation by-
(a) the owner for the purposes of cultivating or harvesting sugarcane; or
(b) any person authorized in writing in that behalf by a District Officer or Roko or District Agricultural Officer or person recommended by the Commissioner of a Division.
Revocation
5.
The Land Conservation and Improvement (Fire Hazard Period) Order, 1968 is hereby
revoked.
----------
SCHEDULE
(Paragraph
2)
The provinces of Ba, Bua,
Kadavu, Macuata, Nadroga and Navosa, and Ra and the tikina of Nasavusavu in the
province of Cakaudrove.
-------------
SECTION 8 – CLOSING ORDERS
-------------
Orders
25 May 1959, 24 June
1960,
Legal Notice
No. 98 of 1979
The occupation and
cultivation of land, the depasturing of cattle and the cutting down and
destruction of vegetation is prohibited
within the areas of the province of Ba
specified in the Schedule.
-----------
SCHEDULE
PART I
All that area of land in
the Tikina of Vuda and Ba containing 16,188 ha more less and which is more
particularly defined as follows:-
Starting at a point on the right bank of the Vitogo River and being the most southerly corner of Naqeqe Native Lease 8594; thence in a north-easterly direction and following the south-eastern boundary of the said Native Lease 8594 and south-eastern boundary of Vandrayawalailai Crown Grant 1261 to the southern boundary of Drasa Crown Grant 1050; thence in an easterly direction and following the said southern boundary of Crown Grant 1050 to the left bank of the Quluqulutuna Creek; thence in a northerly direction and following the said left bank of the Quluqulutuna Creek downstream to its junction with the left bank of the Teidamu River; thence by a due north line crossing the said Teidamu River to its right bank and being a point on the southern boundary of Teidamu Crown Grant 3197; thence in a north-easterly direction and following the southern and south-eastern boundaries of the said Crown Grant 3197 and the south-eastern boundaries of Tauarau West Crown Grant 1137; Taurarau Crown Grant 1124 and Raviravi Crown Grant 1125 to the south-western corner of Nakavidi Native Lease 8091; thence in an easterly direction and following the southern boundary of said Native Lease 8091 to its most southerly corner; thence in a southerly direction by a line bearing 211 degrees 53 minutes distance 302 m approximately to a point on the north-eastern boundary of Boukulu Native Lease 7558; thence in a south-easterly direction and following the said north-eastern boundary of Native Lease 7558 and the north-eastern boundary of Yau Native Lease 7229 to the left bank of the Qalisavu Creek; thence continuing in a south-easterly direction and following the said left bank of the Qalisavu Creek and the north-eastern boundary of Yau 2 Native Lease 9835 to the most eastern corner of said Native Lease 9835; thence in a north-easterly direction by a line bearing 49 degrees distance 825 m approximately to the most westerly corner of Valele Crown Grant 882; thence in a south-easterly direction and following the south-western boundary of said Crown Grant 882 to the most western corner of Vandraulailai Crown Lease 2401; thence in a south-easterly direction and following the south-western boundary of the said Crown Lease 2401 to the most northerly corner of Natasi Crown Lease 17/11; thence in south-westerly, south-easterly and easterly directions and following the north-western, south-western and southern boundaries of said Crown Lease 17/11 to the left bank of the Namosau Creek; thence in south-easterly, southerly and south-westerly directions and following the said 1eft bank of the Namosau Creek upstream to a point due north from the north-western corner of Korovatu Native Lease 5353; thence crossing the said Namosau Creek by a due south line to the said north-western corner of Native Lease 5353; thence in a southerly direction and following the western boundary of said Native Lease 5353 to its south-western corner; thence continuing it a southerly direction by line bearing 174 degrees approximately and distance 795 m approximately to the north-western corner of Tauvegavega 2 Crown Lease 1577; thence in a southerly direction and following the western boundary of said Crown Lease 1577 to the Vatuyabia Creek; thence in a south-westerly direction by a direct line bearing 200 degrees approximately distance 382 m approximately crossing the said Vatuyabia Creek and continuing to the most westerly corner of Korokoro Crown Lease 1227 and being a point on the right bank of the Waikatakata Creek; thence in a southerly direction by a direct line bearing 194 degrees approximately distance 523 m approximately to the most easterly corner of Lot l of the Lolobalavu Subdivision rown Lease 1999; thence in a general southerly direction and following the eastern boundaries of said Crown Lease 1999 and of Lolobalavu Native Lease 7931 and the western boundary of Vuniboroboro Native Lease 6758 to the most southerly corner of said Native Lease 6758; thence in an easterly direction by line bearing 108 degrees distance 583 m approximately to the most westerly corner of Delaivalewasenavau Native lease 5911; thence in a south-easterly direction and following the south-western boundaries of the said Native Lease 5911 and of Valewasenavau Native Lease 9652; Sawau Crown rant 1088; Sawau Native Lease 7624 and a 5 m access reserve to the north-western corner of Veisevula No. 2 Native Lease 7369; thence in southerly and easterly directions and following the western and southern boundaries of said Native Lease 7369 to the northern corner of Virobe Native Lease 801 thence in south-westerly, south-easterly and north-easterly directions and following the north-western, south-western and south-eastern boundaries of said Native Lease 8018 to the most westerly corner of Dabedabenikuta Native Lease 7011; thence in south-easterly and southerly directions and following the south-western boundary of the said Native Lease 7011 and the western boundaries of Ocoyalewa 2 Native Lease 8203 and Cibanaoci Native Lease 9326 to the north-eastern corner of Wairabetia 2 Native Lease 8817; thence in westerly and southerly directions and following the northern and western boundaries of said Native Lease 8817 to its south-western corner; thence in a southerly direction by a direct line bearing 177 degrees distance 463 m approximately to the left bank of the Varaciva Creek; thence in a westerly direction and following the said left bank of the Varaciva Creek up stream to a point bearing 160 degrees distance 322 m approximately from the most southern corner of lot 34A on Native Lands Commission plan H./9,3; thence by line bearing 340 degrees distance 322 m to the said most southern corner of lot 34A; thence in a westerly direction and following the southern boundary of said lot 34A to a point on the right bank of the Sa Creek being the most easterly corner of proposed Native Reserve No. 63 and bearing approximately 18 degrees and distant approximately 443 m from the junction of the Teidamu River and the said Sa Creek; thence in northerly and westerly directions and following the eastern and northern boundaries of said proposed Native Reserve No. 63 by lines bearing 341 degrees distance 1,509 m and 265 degrees distance 563 m approximately to the most easterly corner of Nakedruvatu 2 Native Lease 7597; thence in a westerly direction and following the southern boundary of said Native Lease 7579 to the right bank of the Teidamu River; thence in a south-easterly direction and following the said right bank of the Teidamu River; thence in a south-easterly direction and following the said right bank of the Teidamu River to its junction with the right bank of the Sa Creek; thence in a generally south-westerly direction by lines bearing 262 degrees distance 765 m, 141 degrees distance 322 m, 261 degrees distance 905 m, 325 degrees distance 463 m, 236 degrees distance 402 m, 130 degrees distance 583 m and 233 degrees distance 463 m to the north-westerly corner of Kovu 2 Native Lease 7347; thence in a north-westerly direction by line bearing 300 degrees 14 minutes distance 145 m to the right bank of the Vilakolewasautoko Creek; thence in a westerly direction and following the right bank of the said Vilakolewasautoko Creek to its junction with the right bank of the Vitogo River; thence in a northerly direction and following the said right bank of the Vitogo River downstream to the most southerly corner of Naqaqa Native Lease 8594 and being the starting point but excluding the following leases and lease approvals:-
Native
Leases-
8478,
|
7229,
|
9835,
|
5386,
|
5535,
|
8408,
|
7931,
|
4263,
|
8584,
|
7305,
|
8069,
|
5719,
|
6369,
|
6452,
|
9874,
|
8144,
|
8674,
|
6419,
|
7468,
|
7241,
|
3495,
|
6683,
|
8453,
|
7597,
|
6642,
|
6824,
|
8510,
|
3257,
|
4793,
|
6843,
|
6211,
|
6573,
|
9767,
|
6025,
|
8554,
|
6612,
|
6987,
|
6164,
|
8116,
|
36/44,
|
8169,
|
6057,
|
6755,
|
6761,
|
7694,
|
9858,
|
36/13;
|
|
|
Native Crown Lease
Approvals-
4/1/36,
|
4/1/673,
|
4/1/708,
|
4/1/792,
|
|
4/1/1008,
|
4/1/1248,
|
4/1/894,
|
4/1/839,
|
|
4/7/1808,
|
4/7/1472
|
4/1/990,
|
4/7/1198,
|
|
4/7/909,
|
4/7/1265,
|
4/7/1494,
|
12/1/1417,
|
|
24/3/6,
|
(Plan number Ba
1821)
|
|
||
24/1/8;
|
|
|
|
|
|
|
|
|
Crown Leases
-
1585,
|
1530,
|
1598,
|
1490,
|
1524,
|
1601,
|
1926,
|
1244,
|
1996,
|
1454,
|
1413,
|
1417,
|
1414,
|
1415,
|
1445,
|
1416,
|
1662,
|
2347,
|
2341,
|
1139,
|
1738,
|
1850,
|
1803,
|
1999,
|
916,
|
762,
|
1491,
|
915,
|
917,
|
894,
|
1004,
|
1242,
|
704,
|
847,
|
1503,
|
759,
|
831,
|
1268,
|
606,
|
604,
|
1122,
|
1240,
|
1006,
|
1141,
|
2116,
|
|
|
|
Crown Lease Approvals
-
L.D. 4/922, L. D.945/35
and
the same as is illustrated and shown verged blue on Plan No. D.O. 155 and more
particularly on Standard Sheets Nos. H/8/2; H/8/4;
H/9/1 and H/9/3 lodged in the
office of the Director of Lands and Surveyor-General.
PART II
All that piece of land
situated in the tikina of Magodro, in the Province of Ba, containing an area of
1,590 ha more or less and which
is more particularly described as
follows:-
Starting at Koroimavua Trignometrical Station as shown more clearly on Native Lands Commission Sheet H/14, 4; thence by a straight line bearing 193 degrees 30 minutes for a distance of 241 m more or less to "Vunamoli" Native Lands Commission mound being the southern-most corner of Lot 1 and the western-most corner of Lot 14 on Native Lands Commission Sheet H/14, 4; thence in a southerly direction, following the western boundary of Lot 14 by a straight line bearing 160 degrees for a distance of 151 m more or less to Vunarautolu N.L.C. mound on the said western boundary of Lot 14; thence in a general southerly and South/Westerly direction traversing Lot 15 and following a ridge by straight lines bearing 186 degrees 30 minutes for a distance of 372 m more or less to a point; bearing 211 degrees 30 minutes for a distance of 372 m more or less to a point "Koroilagi"; bearing 195 degrees 30 minutes for a distance of 1,177 m more or less to a point "Korotabe"; bearing 218 degrees for a distance of 885 m more or less to a point; bearing 280 degrees for a distance of 141 m more or less to Manasiga N.L.C. mound the northern boundary of Lot 35 on N.L.C. Sheet H/14, 4;
thence in a general north-westerly and westerly direction following the northern boundary of Lot 35 for a distance of 1,771 m more or less to Korodoko N.L.C. mound being the eastern-most corner of Lot 27 on N.L.C. Sheet H/14, 4;
thence in a north-westerly direction following the eastern boundary of Lot 27 for a distance of 3,380 m more or less and crossing the Waisali Creek to a point on its left bank being also a point on the south-eastern boundary of Lot 24 on N.L.C. Sheets H/14, 4 and H/14, 3;
thence in a general south-westerly, north-westerly and north-easterly direction, following the south-western and northern boundaries of Lot 24 on N.L.C. Sheets H/14, 3 and 4 to Nareba N.L.C. mound being the northernmost corner of said Lot 24;
thence in an easterly direction, traversing Lot 1 and following a spur by straight lines bearing 65 degrees for a distance of 282 m more or less to a point; bearing 83 degrees 30 minutes for a distance of 453 m more or less to a point; bearing 106 degrees for a distance of 382 m more or less to a point; bearing 116 degrees for a distance of 161 m more or less to a point; bearing 59 degrees for a distance of 423 m more or less to a point on the left bank of Waisali Creek being the intersection point of the western boundary of C.L. 1481 with the said left bank of the Waisali Creek;
thence
in a north-easterly, easterly and south-easterly direction crossing the Waisali
Creek and traversing Lots lA and 1 by way of
a spur and a ridge and more
particularly by straight lines bearing 60 degrees 30 minutes for a distance of
382 m more or less to
a point; bearing 86 degrees for a distance of 352 m more
or less to a point; bearing 129 degrees 30 minutes for a distance of 1,348
m
more or less to a point; bearing 143 degrees for a distance of 423 m more or
less to appoint known as "Rukua" bearing
163
|
degrees
|
0
|
minutes
for a distance of
|
191
m
|
to
a point
|
125
|
"
|
|
"
|
332
m
|
"
|
177
|
"
|
30
|
"
|
453
m
|
"
|
126
|
"
|
|
"
|
755
m
|
To
the
|
starting point and containing
an area of 1,590 ha more or less, exclusive of C.L. 1481 containing an area of
10.4 ha and being the
same as is more particularly delineated on Native Lands
Commission Sheets H/14, 4 and H/14, 3 lodged in the office of the Department
of
Lands and Surveyor-General at Suva.
Controlled by Ministry of Primary Industries
--------------------------------------------------
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