- Laws of Fiji

Last Updated: 16 October 2023

[LG 5] Declaration of towns and cities5

(1) Upon application in that behalf by the Council of any district, or upon representations being received that an area not being a district be constituted a town, or upon similar application or representation being made that the boundaries of any town be altered, the Minister may make such order with regard to the definition or alteration of boundaries as he or she may consider appropriate, or he or she may decline to make such order, and in any case may refer the matter to the Local Government Committee for enquiry and advice before deciding on the application or representation.

[subs (1) am Act 26 of 1980 s 4, effective 24 December 1980]

(2) Where any district or area is declared to be a town under the provisions of subsection (1), the Minister may nominate such members, appoint such officers and make such regulations as may be necessary or expedient as an interim measure to provide for the first election of the Council of such town and for the government of the town including the provision of services until a Council is duly constituted under the provisions of this Act, and for the transfer of the property, rights and liabilities of the district Council or other local authority to the Council so constituted, and generally for giving effect to the provisions of this Act, provided that, unless the Minister otherwise prescribes in such regulations, such first election shall take place not later than 6 months after the declaration of the district or area to be a town.

[subs (2) am Act 14 of 1975 s 73, effective 30 May 1975; Act 26 of 1980 s 4, effective 24 December 1980]

(3) Where a new town is constituted or the boundaries of a town are extended or any material change takes place in the population of a town, the Minister may of his or her own volition or shall upon application by the town Council refer the question of the division of the town into wards or the redefining of wards or the creation of any new ward to the Electoral Commission which shall make such order in relation thereto as it shall think fit. In such an order the Electoral Commission shall provide that each ward shall contain nearly equal numbers of adult inhabitants as appears to be reasonably practicable, provided that the Commission may depart from such principles as it considers expedient in order to take into account geographical features, means of communication and density and mobility of population.

(4) Where the boundaries of any town are extended the Minister may make such regulations as may be necessary or expedient for the transfer to the town Council of property, rights and liabilities of any local authority of any place included in the town by such extension.

(5) Any land which is reclaimed from the sea, the landward boundary of which is contiguous to or connected with land within a town, shall automatically be deemed for all purposes to be land within that town.

(6) Upon application in that behalf made by the Council of a town having a population of not less than 20,000, the Minister may, by order, declare such town to be a city and such town shall thereafter be known and described as a city. Such order shall in no manner whatsoever affect the constitution or continuity of the Council of such town nor shall have any other effect whatsoever save only as aforesaid, and all the provisions of any Act relating to towns shall continue to apply thereto.

[subs (6) insrt Act 7 of 1992 s 5, effective 1 December 1992]