Planning Context

Planning Legislation

The primary piece of legislation regulating development in Fiji is the Town Planning Act (Cap 139). This establishes the framework and system for managing land use and development, including Town Planning Schemes and the Town Planning Act General Provisions.

The Subdivision of Land Act (Cap 140) specifically concerns the system for creating and reconfiguring lots - altering boundaries or amalgamating lots - to create allotments (on which development can then be planned and take place).

The Town Planning Act (Laws of Fiji Chapter 139) establishes the tools and processes for the planning, restriction and approval of development across the country. The different parts of the Act establish the scope and key facets of the planning system.

Part I establishes the role of Director of Town & Country Planning, responsible to the Minister and charged with the implementation of the Town Planning Act and the Subdivision of Land Act . It establishes powers for the Director to make decisions on a range of land-use matters and provides for the constitution of Town Planning Areas.

Part II determines the object and contents of area Town Planning Schemes, and the method for their preparation and approval. Schemes provide the main means of planning and regulating development within local areas. A scheme must include a scheme plan (map) of the area to which it applies, and development provisions and restrictions for all land within it. Part III vests in local authorities - both City and Town Councils and Rural Local Authorities - powers to prepare, implement and enforce planning schemes.

Parts IV and V of the Town Planning Act provide mechanisms for realising plans in an equitable manner by providing for the acquisition of land by the local authority for the purpose of implementing a planning scheme, and also establishing the scope of compensation that is payable in the event land is deemed affected injuriously by a planning scheme.

Finally, Part VI provides for additional operational aspects of the Act, such as power of entry for inspection purposes, the service of notices, and the preparation of regulations to prescribe matters relevant to the implementation of the Act.

Under the Town Planning Act , the primary tool of town planning is the Town Planning Scheme. Across the country, individual towns, cities and rural areas - including some areas subject to large-scale integrated development - are identified as Town Planning Areas.

cities, towns and other areas that are intended for large-scale development are designated as Town Planning Areas, for which a Town Planning Scheme is prepared to guide and regulate development. Each Planning Scheme consists of a Scheme Statement, Scheme Plan, and General Provisions.

The Scheme Statement sets out the vision for the Town Planning Area, and principles and priorities for development. The Scheme Plan is a map showing all land within the Town Planning Area. Each block is allocated to a Zone, which designates it for a certain use (residential, commercial, industrial, etc). In this way, development is directed across the Planning Area to address the objects of the Scheme Statement and to ensure that land is available for different types of uses and that incompatible uses are not close to one another. A set of General Provisions accompany each Plan. These describe the requirements that apply to different types of development, and the restrictions within each Zone.

View sample Scheme Plan for  Lami Town Planning Scheme (2006).

View the table of contents of a General Provisions.

Once a Planning Scheme is prepared for a Planning Area and approved by the Director, it provides the regulations against which all development in the Area is assessed. To date, Town Planning Schemes have been prepared and approved for the following areas:

• Suva City
• Nausori Town
• Lami Town
• Sigatoka Town
• Nadi Town
• Lautoka City
• Ba Town
• Tavua Town
• Savusavu Town
• Labasa Town
• Levuka Town

A Planning Scheme has been prepared for Nasinu Town , however this is in draft form.

Outside of approved Town Planning Areas, requirements for development are set out in the ‘General Provisions for Interim Development Control'. The General Provisions supplement the requirements of the Town Planning Act in relation to:

• interpretation and definition of terms and processes;
• requiring compliance with approved Planning Schemes;
• establishing rights for existing, non-conforming developments; and
• making allowance for Director to grant temporary permissions and to relax stated requirements in exceptional circumstances.

The General Provisions also include a number of Schedules, which regulate specific types of development, set out development standards and establish general requirements for all development and subdivision and special requirements within specific zones.

The Subdivision of Land Act (Laws of Fiji Chapter 140) provides for the regulation and control of creating and reconfiguring lots to create land allotments (on which development can then be planned and take place).

The Act establishes the Director of Town & Country Planning as the approving authority for land subdivision, with the power to approve or refuse applications. It sets out the way in which an application for subdivision is to be made, including the contents and presentation of proposal plans.

The Subdivision of Land Act applies to land on the islands of Viti Levu, Vanua Levu , Taveuni and Ovelau. Outside of these areas, subdivision of land is regulated by the Town Planning Act under the Town Planning General Area.

Town Planning General Order