Forest Decree 1992 (Decree No. 31).

This Decree establishes an apparatus for the administration of forests in Fiji, and sets forth rules regarding the utilization of forest resources. Part II of the Decree establishes the post of Conservator of Forests, and a Forestry Board to be chaired by the Conservator. Part III gives the Minister, upon recommendation of the Forestry Board, the right to create forest or nature reserves from the following classes of land: (a) unalienated State land; (b) land leased to the State; and (c) unalienated native land, with the prior consent of the owners of the land and of the Native Land Trust Board. Similarly, the Minister may de-reserve such reserves, and may cause alienated land to be acquired under the Crown Acquisition of Lands Act for the purposes of making such reserves. Forest Reserves are to be managed "as permanent forest in order to provide on a permanent basis the optimum combination of benefits of protection and production of which they are capable". Nature Reserves are to be managed for "the permanent preservation of their environment, including flora, fauna, soil and water". Part IV sets forth restrictions on the utilization of forest resources, both inside and outside of reserves. In reserves, the list of prohibited activities is relatively extensive; on alienated land the only activity prohibited without authorization is the felling or extraction of timber. A licensing officer may grant a licence authorizing many of the otherwise prohibited activities, although in the case of native lands or State lands outside of reserves the prior consent of the Native Land Trust Board and the Director of Lands, respectively, is required. The Conservator has broad powers to suspend a licence if a violation has or is likely to occur, and a licensee is responsible for any damage caused by a lack of compliance. Part V states that nothing in the Decree shall be deemed to prohibit or restrict the exercise on native land (outside of reserves) of native customary rights to hunt fish or collective wild fruits and vegetables, or the cutting of forest produce in accordance with native custom for construction of temporary huts, fishing stakes, and certain other constructions. The Minister may, however, prohibit the felling or removal of timber of a specified class, dimension or description by order in the Gazette, even if otherwise allowed by native custom. Furthermore, this Part shall not be deemed to authorize the setting of grass or undergrowth fires. Part VI deals with the disposal of abandoned or seized property. Part VII sets forth provisions regarding the prohibition of and protection against fires. Part VIII establishes offences and penalties of not more than $10 000 or 12 months in prison, as well as forfeiture of property used in commission of the offence. Part IX gives power of arrest, seizure and inspection with respect to matters covered by the Decree to forest department officers and police officers.