| Column 1 | Column 2 |
| All uses other than commercial, residential, industrial, tramway uses | In addition to any other conditions which the Director, in the circumstances of any case may see fit to impose, the lessee may only erect such buildings on the land as are necessary for— |
| (a) | dwelling or dwellings for the lessee; |
| (b) | dwellings for persons bona fide employed on the land; such as stockmen, farm, plantation or quarry labourers and supervisors; or |
| (c) | accommodation for implements, vehicles, horses, and other stock used in connection with the farm, plantation or quarry or any building connected with the work of a farm, plantation or quarry, as the case may be. |
| Agricultural purposes | In addition to any other conditions which the Director in the circumstances of the case may see fit to impose, the lessee must— |
| (a) | keep the whole of the land in good condition and must not allow any part to become impoverished and must use such artificial or other manure as may be required by the lessor or an officer authorised by or on behalf of the lessor in that behalf in writing; |
| (b) | apply such measures to check soil erosion as may be required by the lessor in writing and shall maintain such measures to the satisfaction of the lessor or of an officer appointed by the lessor in writing. Without prejudice to the generality of this paragraph, such measures may include one or more of the following— |
| | (i) | strip cropping; |
| | (ii) | terracing; |
| | (iii) | contour-planting; |
| | (iv) | cover cropping; |
| | (v) | rotation of cropping; |
| | (vi) | construction of drains or dams; and |
| | (vii) | construction of fences; |
| (c) | not fell trees or clear or burn off bush or cultivate any land within a distance of 7 metres from the bank of a river or stream; and |
| (d) | not without prior consent of the lessor clear, burn-off, cultivate or permit excessive grazing of the top 25% of the hills (as measured vertically) which have a slope exceeding 25 degrees from the horizontal. |
| Residential purposes | In addition to any other conditions which the Director in the circumstances of any case may see fit to impose, the lessee must— |
| (a) | within a specified period and under penalty of re-entry erect to the satisfaction of the lessor a dwelling house on the demised land at a minimum expenditure or of such dimension or both as shall be specified in the lease; |
| (b) | not without the written consent of the lessor erect or permit to be erected on the demised land a greater number of dwelling-houses than is specified in the lease; |
| (c) | not use or permit to be used the demised land or any part thereof or any dwelling-house or accessory out-building to be erected thereon, for any trade, business, occupation or calling whatsoever; and no act, matter or thing whatsoever shall, during the term of the lease, be done in or upon the said land or buildings or any part thereof, which shall or may be or grow to the annoyance, nuisance, damage or disturbance of the occupier, lessee or owner of the adjoining land, provided that a home industry approved by the lessor in writing or a professional practice may with the written consent of the lessor first had and obtained be conducted within a dwelling-house; and |
| (d) | at all times maintain and keep in good repair and tenantable condition, to the satisfaction of the lessor, all buildings erected upon the demised land. |
| Tourism, commercial or industrial purposes | In addition to any other conditions which the Director in the circumstances of any case may see fit to impose, the lessee must— |
| (a) | within a specified period erect to the satisfaction of the lessor a commercial or industrial building as the case may be on the demised land at a minimum expenditure or of such dimension or both as shall be specified in the lease; and |
| (b) | at all times maintain and keep in good repair and tenantable condition, to the satisfaction of the lessor, all buildings erected upon the demised land. |
| Grazing or dairying purposes | In addition to any other conditions which the Director in the circumstances of any case may see fit to impose, the lessee must— |
| (a) | within a specified number of years and under penalty of re-entry effect to the satisfaction of the lessor such permanent improvements, which shall include fencing, as maybe specified in the lease; |
| (b) | stock the land in the manner specified in the lease; |
| (c) | plant the land with grass in the manner specified in the lease; |
| (d) | keep the areas planted in compliance with the provisions of paragraph (c) at all times free from weeds and undergrowth to the satisfaction of the lessor; |
| (e) | not without the prior consent of the lessor clear, burn off, cultivate or permit uncontrolled grazing of the top 25% of hills (as measured vertically) having a slope exceeding 25 degrees from the horizontal; |
| (f) | apply such measures to check soil erosion as may be required by the lessor in writing and shall maintain those measures to the satisfaction of the lessor or of an officer appointed by the lessor in that behalf in writing. Without prejudice to the generality of this paragraph, such measures may include the restriction of grazing, terracing, construction of fences; |
| (g) | not without the prior consent of the lessor in writing, take, use or otherwise injure any forest tree growing upon the demised land except for the purpose of clearing the land for the planting of grass or of erecting fences or buildings incidental to the use of the land for grazing purposes; and |
| (h) | ensure that the whole or any portion of the land used for the grazing of stock shall be enclosed with good and substantial fencing so that all stock kept upon the land shall at all times be adequately fenced in. |
| Tramway purposes | In addition to any other conditions which the Director in circumstances of any case may see fit to impose, |
| (a) | the lessee must not erect on the land any building not incidental to the use of the land for tramway purposes; |
| (b) | the lessee must ensure that the owners and occupiers of adjacent land which enjoy the benefit of a right of way over the leased land shall have the right at all times to cross any tramway lines laid or constructed provided they do not hinder or obstruct the passage of trains thereon or cause any damage thereto; |
| (c) | the lessee must form and maintain in good order to the satisfaction of the lessor during the currency of the lease, all level crossings and gates and such bridges as the public have the right to use; |
| (d) | that, subject to the prior written consent of the Director, the lessee shall have the right at any time during the currency of the lease to remove the said tramway line and bridges connected therewith except any bridge or bridges that may connect portions of the public highway; |
| Quarrying purposes | Land must be used solely for the removal of sand, common stone, lime or other similar material and for the housing of the machinery and implements necessary therefore and the labourers employed thereon and the royalty to be paid for such material and the manner of payment and the nature of the improvements required to be effected shall be set out in every such lease in detail. |
The Laws of Fiji
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