- Laws of Fiji

[IA 12] Freedom from compulsory or arbitrary acquisition of property12

(1) An investor is, in respect of their investments, afforded the freedom under section 27 of the Constitution of the Republic of Fiji from compulsory or arbitrary acquisition of property.

(2) For the avoidance of doubt, an investor may not be subject to compulsory acquisition of property, save—

(a)for a public purpose;
(b)in a non-discriminatory manner;
(c)on payment of prompt, just and equitable compensation; and
(d)in accordance with this Act or any other written law.

(3) The compensation referred to in subsection (2)(c) must be determined on the basis that the investor will be promptly paid the agreed compensation for the property, or failing agreement, just and equitable compensation as determined by a court or tribunal, after considering all relevant factors, including—

(a)the public purpose for which the property is being acquired;
(b)the history of its acquisition by the owner;
(c)the market value of the property;
(d)the interests of any person affected by the acquisition; and
(e)any hardship to the owner.

(4) Notwithstanding section (3), compensation for compulsory acquisition of land must be determined in accordance with the State Acquisition of Lands Act 1940.