LAWS OF FIJI

CHAPTER 140

SUBDIVISION OF LAND

PRINTED BY THE GOVERNMENT PRINTER,

ADELAIDE, SOUTH AUSTRALIA
(Authorized by the Governor –General of Fiji in terms
of the Interpretation Act, 1967 to be the Government
Printer for the purpose of this Edition of the Laws)

Subdivision of Land Act Page 1

CHAPTER 140

SUBDIVISION OF LAND

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ARRANGEMENT OF SECTIONS

1. Short title
2. Application
3. Interpretation
4. Restriction on subdivision of land
5. Application to be made to the Director
6. Board to send copy of application to local
authority
7. Local authority to consider application
8. Power of Director to refuse or approve
applications
9. Refusing approval of any application to
subdivide land
10. Construction of drains, etc.
11. Procedure when Director' approves application.
12. Surveyor to submit plan.
13. Director to approve plan before registration.
14. Procedure when Director refuses application.
15. General penalty.
16. Power of local authority to order demolition of
unauthorised building.
17. Procedure for the recovery of penalties.
18. Enforcement of bond.
19. Power to make regulations.

Subdivision of Land Act Page 2

SUBDIVISIONS OF LAND

Ordinance Nos. 35 of 1937, 28 of 1938, 16 of 1941,

15 of 1943,
2 of 1945, 6 of 1945, 14 of 1946, 27 of 1948,
12 of 1955, 23 of 1973, 14 of 1975, 24 of 1976

AN ACT PROVIDE FOR THE REGULATION AND

CONTROL OF
SUBDIVISIONS OF LAND

[30th October, 1937]

Short Title

1.__(1) This Act may be cited as the Subdivision of

Land (Amendment )Act 2015.

(2) The Act shall come into force on the date or

dates appointed by the Minister by notice in the
gazette

(3) the Subdivision of Land Act ( Cap.140 ) shall

be referred to as the “Principal Act.”

Application
2. The provisions of this Act shall apply only to the
part or whole of any such area or areas as the

Subdivision of Land Act Page 3

Minister may from time to time by order in the
Gazette define and specifically describe therein,
and shall apply to all land in any area or areas so
defined and described except-

(a) Crown State land which is not the subject of a

registered lease “including all land below the
mean high water mark; (as stated under the
State land Act (Cap.132).”
(b) land included within the boundaries of any city
or town to which the Local Government Act
applies; and
(Cap 125)
(c) land included in any itaukei or native reserve
constituted under the Native iTaukei Land Trust
Act.(Cap 134)
(Amended by 12 of 1955, s. 2.)

Interpretation
3. In this Act, unless the context otherwise
requires-

"Advisory Committee" means the Town and

Country Planning Advisory Committee appointed
under the provisions of section 4 of the Town
Planning Act;
(Inserted by 23 of 1973, s. 2.)

"applicant" means the owner, lessee or sub-lessee

of any land proposed to be subdivided and
includes his duly authorized representative;

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 "Director" means the Director of Town and
Country Planning for the time being appointed
under the provisions of section 3 of the Town
Planning Act;
(Inserted by 23 of 1973, s. 2.)
(Cap 139)
"local authority" means in the case of a rural
area any person or body appointed by the
Minister responsible for health matters under
the provisions of the Public Health Act;

(Amended by 14 of 1975, s. 31.)

"lot" means an undivided plot or parcel of land,
and, for the purposes of this definition, a river,
street or public road shall be deemed to divide the
land which it traverses;
(Inserted by 6 of 1945, s. 2.)
Section 3 is amended by
a. deleting the following definitions and
"noxious or offensive trade, business or
manufacture" includes blood boiler, bone boiler,
fell-monger, soap boiler, tallow melter, tripe boiler,
leather dresser, tanner, fat melter or extractor,
glue maker, size maker, gut scraper, dealer in rags
and bones and any business or manufacture
which the Minister may by order declare to be
noxious or offensive;
["open space" includes a public garden, recreation
ground, playing field or other land intended to be
used for any such purpose;

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 b inserting the following new definitions
 Active recreation reserve / Active Public
Open Space” means land reserved for sports
ground, playing field or Recreation “Building
which may be used by the general public.

 Accredited consultants mean persons,

agents, consultants or companies who are
registered and authorized to lodge
subdivision of land applications

 Building line restriction means a line

parallel to a street or a proposed street
extending across the full width of the Site.”.

 Coastal zone means the area within

30.0metres from the high water mark and
includes areas from the high water mark up
to the fringing reef or if there is no fringing
reef within a reasonable distance from the
high water mark.

 Developer Contribution means the

provision of a material public benefit or the
dedication of land or the payment of a
monetary contribution in part or full
satisfaction of a condition imposed in
accordance with section 8 of the Act

 Easement means a limited right to make use

of a property owned by another

 Passive reserve Passive Public Open Space”

means Land reserved for recreational
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 purposes, other than formal or organized
sporting activities or uses specifically defined
as Active Public Open Space, which may be
used by the general public. This group
includes botanical gardens, parks, etc.

 Reserve means a place or area set aside for

a special purpose and desinganted as such
on the Survey Plan

 Planning Tribunal means a court for

planning permits and environmental issues
within the Court system

 Roads Authority means the Authority as

established under the Fiji Roads Authority
Decree 2012.

"subdivide/ subdivision" means dividing a parcel

of land for sale, conveyance, transfer, lease,
sublease, mortgage, agreement, partition or other
dealing or by procuring the issue of a certificate of
title under the Land Transfer Act in respect of any
portion of land, or by parting with the possession
of any part thereof or by depositing a plan of
subdivision with the Registrar of Titles under the
last-mentioned Act; and the corresponding noun
shall be construed accordingly.

However, "subdivision of land" does not include:

(a) a lease (of any duration) of a building or part of a
building, or

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(b) the opening of a public road, or the dedication of
land as a public road, by the State,or a statutory
body representing the State, or
(c) the acquisition of land, by agreement or
compulsory process, under a provision of an Act that
authorises the acquisition of land by compulsory
process, or
(d) a division of land effected by means of a
transaction referred to in section ……. of the Land
Transfer Act, or
(e) the procuring of the registration in the office of
the Registrar-General of:
(i) a plan of consolidation, a plan of identification or
a miscellaneous plan within the meaning of section
…….. of the Lands Transfer Act, or
(ii) a strata plan of consolidation or a building
alteration plan within the meaning of the Unit Titles
Act 1986..
 Subdivision works means any physical
activity authorised to be carried out under
the conditions of an approval for the
subdivision of land

(Cap. 131)
(Substituted by 16 of 1941, s. 2, and amended by
14 of 1975,
Restriction on subdivision of land Section 4 deleted
4. Notwithstanding the provisions of any other law
for the time being in force no land to which this
Act applies shall be subdivided without the prior
approval of the Director to be obtained in the
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manner hereinafter prescribed:

Provided that it shall be lawful to subdivide such

land without such approval

(a) no part of the land is situated in any town or

within three miles of the boundaries of a town that
has its own Subdivision By Laws (included);
(b) and is subdivided in such a manner that no lot
is less than five acres in area.

(Substituted by 14 of 1946, s. 2, and amended by

24 of 1976, s. 8.)

Application to be made to the Director

5.Any person who desires to subdivide land in a
manner which requires the approval of the Director
as provided in section 2 shall:

(a) submit application in duplicate seven

copies of the scheme plans , the
Subdivision of Land Application form
and Application for Development
Permission forms and covering
background report in writing to the
Director.
(b) require a pre-lodgment consultation
with the Director for application
consisting of more than 20-lots or a
major subdivision proposal with a total
area coverage of 4hecatres and above;
(c) engage a Registered Surveyor (FIJI) to
make and lodge the subdivision
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 proposal plan; or the plans be prepared
under the direction of a Register
Surveyor (FIJI), or the accredited
consultants to lodge a subdivision of
scheme plan
(Substituted by 14 of 1946, s. 3, and
amended by 12 of 1955, s. 4.)

(2) Such application shall be accompanied in each

instance by a proposal plan or diagram in
quadruplicate drawn on stout white paper in such
manner and to such scale as may be prescribed.
(Amended by 12 of 1955, s. 3.)

(a) there shall be seven (7) copies of the

proposed subdivision scheme plan; or ten (10)
copies for major subdivision proposals
consisting more than 20-lots

(a(ii) the number of plans to be determined at

the pre-lodgement application meeting.

(3) Such proposal plan or diagram shall show-

(a) the particulars of the instrument of title under

which the land is held;
(b) the situation and boundaries of the land and of
the lots immediately adjoining the land;
(c) the position and width of all roads, streets,
lanes or pathways abutting on the land and the

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position of all streams, water-courses, water-holes,
sewers and drains, if any, in the immediate
vicinity;
(d) the manner in and the purposes for which it is
intended to subdivide the land and the areas and
dimensions of all the lots;
(Amended by 28 of 1938,
s. 3.)
(e) the position and width of roads, streets, lanes or
pathways to be made over and through the land;
(f) the intended position of the surface drains and
the direction of flow or discharge thereof;
(g) and if so required by the Director, the levels of
the present surface of the ground above some
known datum sufficient to determine the intended
level and rate or rates of inclination of the intended
roads, reefs, lanes or pathways, and the levels and
inclinations of the existing roads, streets, lanes or
pathways with which it is intended that such
roads, streets, lanes or pathways shall be
connected;
(h) the position of all existing buildings erected on
the land or within ten feet of the boundaries of the
land proposed to be subdivided.
(Inserted by 12 of
1955, s. 4.)

(4) Every such application shall also be

accompanied by-

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(a) A statement in writing of the provisions which
have been or will be made for the construction and
maintenance of any road, street, lane or pathway
or of any drain shown on the proposal plan or
diagram and of the provisions which have been or
will be made for the supply of water to the area
and for the disposal of refuse, waste-water and
night-soil; and
(b) All such other or additional documents,
statements, information, plans or diagrams of
whatsoever description as the Director may
require.

(b) where appropriate, the following

documents:

(i) Certificate of Tile and a sworn written

statement from the Title Holder agreeing
to the subdivision. The written statement
shall be witnessed by a Commissioner of
Oaths.
(ii) State Lease, iTtaukei Lease and consent
letters of the respective landlord
Agreement to Lease and Survey
Instruction in the case of iTaukei Land

(iii) Approval Notice to Lease and Survey

Instruction and the Consent from the
Minister of Lands for the proposed
subdivision
(iv) A Sale and Purchase Agreement if the
land is subject of a sale
(v) Copy of the Restrictive Covenant
(vi) A copy of the Will and Probate

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 (vii) Copy of the Sugar Cane Contract
for all agricultural sugar land being
proposed for subdivision

Section 5 ( included ) Foreshore Reclamation

Land

(5) All reclaimed land submitted for

subdivision approval shall have
structural certification by a Registered
Civil and Structural Engineer or the
Director of Mineral Resources.

Section 6 included Connection of subdivision to

public roads.

(6) That each lot within a subdivision shall

be legally connected to a public road
already being maintained by the Fiji
Roads Authority.

Board Director to send refer a copy of the

application to local authority stakeholders

6. The Director shall, as soon as may be after

receipt of the application send refer to the
relevant stakeholder local authority one copy
thereof together with one copy of the proposed plan
or diagram and a copy of any other document,
diagram or plan required by the Director under the
provisions of section 5.

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2. Where applicable and relevant but not
limited to, the stakeholder to which the
application shall be referred to shall include
the following:

i. Airports Fiji Limited for all land lying

within the Civil Aviation Restrictive Order
and within 3km radii of airport runway
ii. Civil Aviation Authority of Fiji for all land
lying within the Civil Aviation Restrictive
Order and within 3km radii of airport runway
iii. Director of Environment for matters
relating to the natural environment,
environment protection, conservation and
management
iv. Director Mineral Resources for all
matters relating to geology, hydro-
geology and coastal processes
v. Local Authority for matters relating to
urban management, governance, public
health and waste management upon which
the subject land applies
vi. Fiji Sugar Corporation for any agricultural
land subjected to a sugar cane contract and
tramline reserve running within and/or
across the subject land proposed for
subdivision
vii. Fiji Roads Authority for policy directions on
road layout, traffic management, transport
planning, road hierarchy and standards as

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 appropriate for any land proposed for
subdivision
viii. Ministry of Primary Industries: Principal
Research Officer [Land Use] for
confirmation to soil classification and
suitability to agricultural production and
utilisation of agricultural land
ix. Ministry of Primary Industries: Director
Land and Water Resource for drainage
systems and water resources but not limited
to agricultural drains or drains under the
divisional Drainage Boards
x. Sugar Tribunal Industry for any
agricultural land subjected to a sugar cane
contract
xi. iTaukei Lands Trust Board for matters
relating to legal rights to subdivision of
itaukei lands and/or itaukei reserve land
xii. The Director of Lands for matters relating
to legal rights to subdivision of itaukei lands
and/or itaukei reserve land
xiii. Water Authority of Fiji for confirmation to
position of site in relation to access to water
and sanitation services
xiv. To any other Authority at the discretion
of the Director that may be impacted by
the proposed subdivision

(Substituted by 12 of
1955, s. 5.)

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Local authority Stakeholder to consider application

7.-(1) The local authority Stakeholder agency

shall consider the application and may make
recommendations to the Director.

(2) Where no recommendations are received by the

Director within thirty days of the date when the
application was sent to the local authority by the
Director, the local authority shall be deemed to
have no recommendations to make.

Where no recommendations are received by the

Director within thirty working days from the
date when the application was sent to the
agency by the Director , it shall in the case of
a subdivision for residential purposes be
deemed that the agency have no
recommendations to make.

(3) Where the Director has, subsequent to the date

of sending the application to the stakeholder ; sent
to the stakeholder any other document, diagram or
plan required by the Director, in relation to the
application under section 5, the period of thirty-
working days referred to in subsection (2) shall be
deemed to commence from the latest date upon
which any such document, plan or diagram was
sent.
(Section substituted by 12 of
1955, s. 5.)

(4) Where the Director has, subsequent to the date of

sending the application electronically to the

Subdivision of Land Act Page 16

stakeholder agency any other document, diagram or
plan required by the Director, in relation to the
application under section 5, the period of thirty-
days days referred to in subsection (2) shall be
deemed to commence from the latest date upon
which any such document, plan or diagram was
sent electronically. All comments received
electronically bearing the respective letterhead
shall be taken as the official comment of the
agency.

Power of Director to refuse or approve applications

8.-(1) The Director shall consider the application
together with the plans or diagrams and
documents and recommendations (if any) aforesaid
and may require the applicant to amend his plan
or diagram to fulfill such requirements as the
Director may consider necessary and may approve
the application subject to the completion of such
amendments and the fulfillment by the applicant
of any condition imposed by the Director under the
provisions of this Act.

(2) If the Director is of the opinion that building or

further building development is undesirable on the
land which is the subject of the application or,
having regard to the health, amenity or
convenience of the neighbourhood, that any
subdivision of land shown on the plan is
unsuitable, he may refuse the application or he
may, in approving the application in whole or in
part, impose such conditions as are necessary to
give effect to such decision.

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(3)(i) If the Director is of opinion, having regard to
the health, amenity or convenience of the
neighbourhood, that the establishment of any
noxious or offensive trade, business or
manufacture should not be permitted or that a
portion of the land being subdivided not exceeding
in any case one-twentieth tenth of the total area
to be subdivided, of which 50% shall be for
active recreation and the other 50% thereof
should be reserved as an open space, the Director
may, in approving the application in whole or in
part, impose such conditions as are necessary to
give effect to such decision.

(ii) If the Director is of opinion, having regard to the

health, amenity or convenience of the
neighbourhood, that the establishment of any
noxious or offensive trade, business or
manufacture should not be permitted, the
Director may, in approving the application in
whole or in part, impose a condition of
developer contribution, in lieu of the one-tenth
of the total land area being subdivided as are
necessary to give effect to such decision.

(4) The decision of the Director upon the

application shall be communicated to the local
authority stakeholder agency and applicant
which shall, unless notice of intention to appeal to
the Minister shall have been given as hereinafter
provided, forthwith take such steps as are
necessary to enforce the observance of the decision
of the Director.

(5) Any person who contravenes or fails to comply

Subdivision of Land Act Page 18
with any condition imposed by the Director under
this section shall be deemed to have contravened
or failed to comply with the provisions of this Act.

Refusing approval of any application to subdivide

land
9. Without in any way limiting the discretion of the
Director, it shall be sufficient reason for refusing
approval of any application to subdivide land if-
(a) any such land is the subject of a registered
lease of native or Crown land issued ostensibly for
agricultural or pastoral purposes whether or not
such lease contains any specific condition limiting
the use of such land to such purposes; or
(b) any such land is the subject of a registered
lease of native or Crown land which will normally
expire by effluxion of time within a period of ten
years from the date of any application for
permission to subdivide such land; or
(c) provision is not made for any drainage reserves
or drainage easements which may be necessary to
enable the allotments or parcels of land and any
new roads, streets, lanes or pathways to be
sufficiently drained into a public drain or existing
road or street or lane or pathway or stream at or
along which the drainage from such land or any
such new road, street, lane or pathway may
lawfully be discharged or caused to flow; or
(d) in any plan of subdivision any section ten
chains or more in length of a new road or street, is
not intersected or met by a cross road or street or
connecting road or street.

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Inserting new paragraph
(e) any such land is subject of a restrictive
covenant which prohibits further division of
the land into smaller lots either on the subject
site or after amalgamation with other lots and
then subdividing into smaller lots.

Construction of drains, etc. Construction of roads,

drains and public utilities

10.-(1) Whenever the Director shall consider that

in the interests of public health and convenience,
any road, street, lane, pathway or drain shown on
a plan deposited by an applicant under section 5
should be constructed or that proper and sufficient
measures should be taken for the supply of water
or for the disposal of refuse, waste-water or night-
soil for the land proposed to be subdivided, the
Director may:

(i) after approving the application,

require the applicant to submit
engineering plans together with the
approved Environment Management
Document as determined by the
Director of Environment for the
construction of such road, drains and
public utilities; or

(ii) before approving the application and

where the applicant or developer is
unable to complete the subdivision and
engineering works as required, the

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 applicant to may give an undertaking in
writing that he will construct such road,
street, lane, pathway or drain or take
such measures as aforesaid to the
satisfaction of the Director within such
time as the Director may determine.

2. Any applicant who may be required to give

an undertaking under the provisions of
subsection (1) may also be required to give
or procure to be given to the Director
security by bond with one or more sureties
approved by the Director in such sum not
exceeding the estimated cost of the works
required to be constructed or provided as
the Director may determine for the faithful
and punctual fulfillment of such
undertaking.

Procedure when Director approves application

11.-(1) When the Director has approved an
application under this Act, he shall certify such
approval on each copy of the plan or diagram
submitted and still in the possession of the
Director and such certified plans or diagrams shall
thereupon be disposed of as follows:-
(a) one copy shall be retained by the Director;
(b) one copy shall be forwarded to the local
authority; stakeholder agency and
(c) one copy shall be forwarded to the applicant.
(Subsection amended by 16 of 1941,
s. 6, and 12 of 1955, s. 7.)

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(2) Upon receipt of the copy of the certified
proposal plan or diagram the applicant may-
(a) cause the land to be subdivided by a registered
surveyor in whole or in part in accordance with
such approved proposal plan or diagram and in
compliance with the provisions of the Surveyors
Act and the regulations thereunder; (Cap
260)
(b) following such subdivision sell, lease, sublet or
otherwise convey the land as the case may be in
accordance with the Land Transfer Act;
(Cap 131)
(c) erect buildings thereon subject to the provisions
of the Public Health Act.(Cap 111) and Town
Planning Act.

Surveyor to submit survey plan

12. Before the registration of any lease, sublease,
transfer or other instrument to which the
provisions of this Act may apply the surveyor shall
transmit his or her survey plan of such
subdivision in duplicate on drawing paper to the
Director of Lands, who, if he is satisfied that such
plan conforms in all essential respects with the
proposal plan or diagram approved by the Director
of Town and Country Planning, shall certify
such plan and the duplicate thereof and the
Director of Lands shall thereupon transmit such
plan to the applicant and retain and preserve the
duplicate thereof:

Provided that in the case of any lease or sublease

of native or Crown land the rent of which has been
Subdivision of Land Act Page 22
reassessed under the provisions of the lease or
sublease by reason of a subdivision under this Act,
the Director of Lands shall not certify any such
plan or diagram unless such lease or sublease has
been produced and the fee paid for the registration
of such reassessment.

Director to approve plan before registration

13.-(1) The Registrar of Titles shall not register any
plan of subdivision which is required to be
approved by the Director of Town and Country
Planning under this Act unless the plan is
certified by the Director of Lands under the
provisions of section 12.

(2) Nothing in this Act shall be deemed to imply

that the Registrar of Titles shall be bound to
register any plan certified as prescribed in section
12 if such plan does not comply with any
directions or regulations made or issued by the
Registrar of Titles or if such plan is not in
compliance with the provisions the Land Transfer
Act or if such plan appears on examination by the
Registrar to be inaccurate or the survey appears to
be incorrect.

(Cap 131)

Inserting new paragraph

(3). On the deposit, in the Office of the

Registrar of Titles, of any approved plan all
lands shown thereon as reserves, roads,

Subdivision of Land Act Page 23

streets, lanes, or widening of any road shall be
dedicated, transferred or surrendered to State
free from encumbrances, and shall be set
apart for the purposes indicated on that plan
executed in writing under the hand of the
owner and registered by him in the office of
the Registrar of Titles and such reserve, road,
street, lane or widening shall henceforth vest
in and be under the control of the stakeholder

Procedure when Director refuses application

14. When the Director has refused to approve an
application under this Act or has approved an
application in part or subject to conditions, the
Director shall forthwith communicate his decision
together with the reasons therefor to the applicant
who may, within twenty-eight days after the receipt
of such communication, appeal to the Minister
Planning Tribunal whose decision shall be final:

Provided that the Minister may-

(a) for good cause extend the said period of twenty-

eight days; and
(b) seek and obtain the advice of the Advisory
Planning Tribunal on such appeals or on any
other matters under this Act.
(Substituted by 12 of 1955, s. 9 and
amended by 23 of 1973.)

General penalty
15.-(1) Any person who contravenes or fails to
comply with any of the provisions of this Act or
regulations thereunder shall be liable to a fine not

Subdivision of Land Act Page 24

exceeding two hundred dollars and shall also be
liable to a further fine not exceeding ten dollars for
each day or part of a day during which such
contravention or non-compliance continues.
(Amended by 2 of 1945, s. 114.)

(1)Any person applicant or consultant agency

acting in his or her behalf contravenes or fails
to comply with any of the provisions of this Act
or regulations thereunder shall be liable to a
fine of:

(i) one thousand dollars for

submitting proposed scheme plan
that is not in accordance with the
requirements stipulated in Section
5(3) and 5 of the Subdivision of
Land Regulation and

(ii) ten thousand dollars for carrying

out earthworks or subdivision civil
works prior to subdivision scheme
plan approval and a further fine
not exceeding one hundred dollars
for each day during which such
contravention or non-compliance
continues

(2) Notwithstanding anything contained in any Act

or law to the contrary, prosecutions under this Act
may be commenced at any time within six months
next immediately after the fact of the commission
of the offence charged comes to the knowledge of
the Director.(Inserted by 16 of 1941, s. 7.)

Subdivision of Land Act Page 25

 Power of local authority Director to order
demolition of unauthorized building
16. In case of the erection of any building on a
subdivision made contrary to the provisions of this
Act the local authority Director may order the
demolition by the person or persons who erected or
authorized the erection of such building within
such time as may be required by the local
authority Director, and if such building has not
been demolished within such required time the
local authority Director may itself or by its agents
demolish such building and recover the cost of so
doing as a civil debt from the person or persons
who erected or authorized the erection of such
building.

(2) Any person aggrieved by an order of the local

authority Director under this section may within
10 days of the service of such order require by
summons the local authority Director to appear
before a magistrate to show cause why the order
should not be set aside.

Appeals
(3) An appeal shall lie to the Supreme Court from
the decision of the magistrate under the provisions
of subsection (2) and the provisions of the Criminal
procedure Code relating to appeals shall apply
mutatis mutandis to such appeals. (Cap.
21.)

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 Procedure for the recovery of penalties
17. Every director, every manager and every
secretary of a company by whom or with whose
consent any act of such company which
constitutes an offence under this Act is committed
shall be liable for the payment of any penalty or
penalties incurred under this Act by such
company.

Enforcement of bond
18.-(1) Whenever any person an applicant or
consultant agent acting in his or her behalf
gives a bond under this Act and it appears that a
condition of such bond has been broken, the
Director or such other person as may be
authorized by him in writing may sue for and
recover the amount recoverable in respect of the
breach of the condition of such bond.

(2) Any sum recovered in respect of the breach of a

condition of a bond under this Act shall be devoted
to such purposes in connexion connection with
the land in relation to which the bond has been
given as the Minister may determine.

Power to make regulations

19.-(1) The Minister may make regulations for the
better carrying into effect of the provisions of this
Act.

(2) Without prejudice to the generality of

subsection (1), such regulations may prescribe fees
to be paid to the Director in respect of applications
for approval of subdivision.
Subdivision of Land Act Page 27
(3) All fees received by the Director shall be paid by
him into the Consolidated Fund.

(Section amended by 12 of 1955, s. 10.)

Controlled by Ministry of Local Government, Urban

Development, Housing and Social Welfare
Environment

New sections inserted

Local infrastructure contributions

20) Contribution towards provision or

improvement of amenities or services

(1) If the Director is satisfied that development for

which development approval is sought will or is
likely to require the provision of or increase the
demand for public amenities and public services
within the area, the Director may grant the
development approval subject to a condition
requiring:

(a) the dedication of land free of cost, in the case of

freehold land , or the surrender from the stateland
land or the transfer from the itaukei land to the
State for recreation purposes as per Section 8(3) of
this act
Subdivision of Land Act Page 28
(b) the payment of a monetary contribution,

or both.

(2) A condition referred to in (1) may be imposed

only to require a reasonable dedication or
contribution for the provision, extension or
augmentation of the public amenities and public
services concerned.

(3) If:

(a) an authority has, at any time, whether before or

after the date of commencement of revised Act,
provided public amenities or public services within
the area in preparation for or to facilitate the
carrying out of development in the area, and

(b) development for which development consent(

approval ) is sought will, if carried out, benefit from
the provision of those public amenities or public
services,

the consent authority may grant the development

consent subject to a condition requiring the payment
of a monetary contribution towards recoupment of
the cost of providing the public amenities or public
services (being the cost as indexed in accordance
with the regulations).

Subdivision of Land Act Page 29

(4) A condition referred to in subsection (3) may be
imposed only to require a reasonable contribution
towards recoupment of the cost concerned.

(5) The consent authority may accept:

(a) the dedication of land in part or full satisfaction

of a condition imposed in accordance with
subsection (3), or

(b) the provision of a material public benefit (other

than the dedication of land or the payment of a
monetary contribution) in part or full satisfaction of
a condition imposed in accordance with subsection
(1) or (3).

(6) If a consent authority proposes to impose a

condition in accordance with subsection (1) or (3) in
respect of development, the consent authority must
take into consideration any land, money or other
material public benefit that the applicant has
elsewhere dedicated or provided free of cost within
the area (or any adjoining area) or previously paid
to the consent authority, other than:

(a) a benefit provided as a condition of the grant of

development consent under this Act, or

(b) a benefit excluded from consideration under

section 20

Subdivision of Land Act Page 30

(7) If:

(a) a condition imposed under subsection (1) or (3) in

relation to development has been complied with,
and

(b) a public authority would, but for this subsection,

be entitled under any other Act to require, in relation
to or in connection with that development, a
dedication of land or payment of money in respect of
the provision of public amenities or public services
or both,

then, despite that other Act, compliance with the

condition referred to in paragraph (a) is taken to
have satisfied the requirement referred to in
paragraph (b) to the extent of the value (determined,
if the regulations so provide, in accordance with the
regulations) of the land dedicated or the amount of
money paid in compliance with the condition.

Recovery of expenses for repairs to

streets damaged during subdivisional
engineering or upgrading of public utilities

21) Where damage is caused to a street as a

result of subdivisional engineering works and
extraordinary expenses are incurred by the Fiji
Roads Authority to repair the damage so caused,
the Director National Roads / Fiji Roads Authority
may recover such expenses from any applicant /
developer therefor.

Subdivision of Land Act Page 31

 Revocation and modification of approval
to subdivide

22. – (1) Subject to the provisions of this

section, it if appears to the Director that it is
expedient, having regard to the provisions contained
in section 5 or to any other material considerations,
that any permission to develop land under the
provisions of section 8 should be revoked or
modified, it may revoke or modify the permission to
such extent as appears to it to be expedient as
aforesaid:

23. Vesting of reserve land for a designated

purpose, public infrastructure and utilities

On the deposit, in the Office of the Registrar

of Titles, of any approved plan all lands shown
thereon as reserves, roads, streets, lanes, or
widening of any road and drainage reserves shall
be dedicated, transfer or surrendered to State free
from encumbrances, and shall be set apart for the
purposes indicated on that plan executed in writing
under the hand of the owner and registered by him
in the office of the Registrar of Titles and such
reserve, road, street, lane or widening shall
henceforth vest in and be under the control of the
relevant stakeholder for maintenance purposes.

Subdivision of Land Act Page 32

24 Staged subdivision
(1) A staged subdivision is a scheme for the
subdivision of land in stages.
(2) If a planning scheme or a subdivision approval
allows staged subdivision that staged
subdivision may be done as a series of separate
subdivisions in accordance with Section 5 of the
Act.

(3) A master plan shall be submitted for approval

and shall specify the lots in the first stage and
contain the prescribed information in section 5 of the
Act

Subdivision of Land Act Page 33