SUBSIDIARY LEGISLATION

[Revised in 1985]

CHAPTER 120

FIJIAN AFFAIRS

SECTION 5 - FIJIAN AFFAIRS (FIJIAN AFFAIRS BOARD) REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Membership
3. Meetings
4. Rules of procedure
5. Decisions of Board
6. Attendance by invitation
7. Election of members
8. Duties of Board

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Regulations 19 July 1966, Legal Notices Nos. 18 of 1970, 112 of 1970,
60 of 1973, 173 of 1977, 109 of 1984

Short title

1. These Regulations may be cited as the Fijian Affairs (Fijian Affairs Board) Regulations.

Membership

2.-(1) The members of the Fijian Affairs Board shall be-

(a) the Minister;

(b) eight Fijian members of the House of Representatives elected by the Fijian members of the House of Representatives;

(c) two members of the Great Council of Chiefs, not being members of the House of Representatives, elected by those members of the Great Council of Chiefs who are not members of the House of Representatives.
(Amended by Legal Notice 18 of 1970; 112 of 1970; 60 of 1973; 173 of 1977; 109 of 1984.)

(2)	(a) Members elected under the provisions of sub-paragraph (b) of paragraph (1) shall hold office until the dissolution of the House of Representatives next after their election as members of the Board;

(b) Members elected under the provisions of sub-paragraph (c) of paragraph (1) shall hold office for two years but shall be eligible for re-election.
(Amended by Legal Notice 112 of 1970.)

(3) The Chairman shall be the Minister or, in his absence, the person elected by the meeting to be chairman. (Substituted by Legal Notice 173 of 1977.)

(4) A Legal Adviser, a Financial Adviser and such other advisers as the Board may recommend from time to time, shall be appointed by the Minister.
(Amended by Legal Notice 112 of 1970.)

(5) A Clerk of the Board shall be appointed by the Minister.
(Amended by Legal Notice 112 of 1970.)

Meetings

3.-(1) The Board shall meet at least once in every two months at such times and places as the chairman may from time to time determine.

(2) The Legal Adviser and the Financial Adviser shall, unless previously excused by the chairman, attend each meeting of the Board.

(3) Other advisers shall, unless previously excused by the chairman, attend those meetings or parts of meetings as they are invited to attend by the chairman.

(4) Advisers may take part in the proceedings of meetings, but shall not be entitled to vote.

Rules of procedure

4. The Board may make rules regulating its proceedings and the mode of conducting its business.

Decisions of Board

5.-(1) Decisions of the Board shall be made by a majority vote of those present and voting and, in the case of an equality of votes, the chairman shall, in addition to a deliberative vote, have also a casting vote.

(2) The quorum of the Board shall be not less than five members including the chairman.

Attendance by invitation

6. The Board may invite any person to attend any meetings, and such persons may take part in the proceedings of such meetings, but shall not be entitled to vote.

Election of members

7. The election of members shall be by secret ballot and shall be conducted by the Minister in such manner as he considers most suitable:

Provided that all Fijian members of the House of Representatives are given a reasonable opportunity to make nominations and to participate. (Amended by Legal Notice 112 of 1970.)

Duties of Board

8.-(1) It shall be the duty of the Board to-

(a) consider such draft legislation and other matters relating to the rights, interests, health, welfare, peace, order and good government of the Fijian people as the Minister may from time to time refer to the Board, and take decisions or make recommendations thereon to the Minister;

(b) consider resolutions relating to the same matters as are set out in sub-paragraph (a) which members may submit to the chairman at least two weeks before the date of the next meeting of the Board, and take decisions or make recommendations thereon to the Minister;

(c) undertake any other duties or functions imposed on it by the provisions of any Act. (Amended by Legal Notice 112 of 1970.)

(2) Before taking any decision or making any recommendation on any matter which appears to the Board to be of vital importance affecting the interests and rights of the Fijian people, the Board shall refer all such matters to the Great Council of Chiefs for consideration and recommendation thereon.

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SECTION 5 - FIJIAN AFFAIRS (GREAT COUNCIL OF CHIEFS) REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Membership
3. Meetings
4. Rules of procedure
5. Decisions of Council
6. Attendance by invitation
7. Election of members
8. Duties of Council
9. Report of proceedings

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Regulations 19 July 1966, Legal Notices Nos. 17 of 1970, 112 of 1970, Local Government Notice No. 12 of 1971, Legal Notices Nos. 112 of 1974, 1 of 1983

Short title

1. These Regulations may be cited as the Fijian Affairs (Great Council of Chiefs) Regulations.

Membership

2.-(1) The members of the Great Council of Chiefs, hereinafter referred to in these Regulations as the Council, shall be-

(a) the Minister;

(b) the Fijian members of the House of Representatives;

(c) not more than seven chiefs to be appointed by the Minister;

(d) not more than eight other persons to be appointed by the Minister;

(e) three persons (of whom at least two shall be members of the Provincial Council) to be elected by each Provincial Council with twenty or more members;

(f) two persons (of whom at least one shall be a member of the Provincial Council) to be elected by each Provincial Council with less than twenty members.
(Amended by Legal Notice 17 of 1970; 112 of 1970.)

(2) Any person appointed to be a member of the Senate in accordance with the provisions of paragraph (a) of subsection (1) of section 45 of the Constitution who at the date of such appointment is neither an appointed nor an elected member of the Council in terms of paragraph (1) shall be deemed to be a member of the Council until his term of office as a member of the Senate shall expire. (Substituted by Legal Notice 1 of 1983.)

(2A) Any person appointed to be a member of the Senate in accordance with the provisions of paragraph (a) of subsection (1) of section 45 of the Constitution who at the date of such appointment is either an appointed or an elected member of the Council in terms of paragraph (1) shall retain his membership of the Council until his term of office as a member of the Senate shall expire notwithstanding that he has not been re-appointed or re-elected as a member of the Council under paragraph (1). (Inserted by Legal Notice 1 of 1983.)

(3) Appointed members shall hold office for such period as may be specified in the notice of appointment and shall be eligible for re-appointment.

(4) Elected members shall hold office for three years, and shall be eligible for re-election:

Provided that when an elected member ceases to hold office for any reason the person replacing him shall only hold office for the remainder of the period of three years which the Elected member being so replaced has still to serve.
(Substituted by Legal Notice 112 of 1974.)

(5) The chairman of the Council shall be the Minister or, in his absence, the person elected by the meeting to be chairman. (Amended by Legal Notice 17 of 1970; 112 of 1970.)

(6) A Clerk to the Council shall be appointed by the Minister.
(Amended by Legal Notice 112 of 1970.)

Meetings

3. The Council shall meet at least once in every year at such time and place as the Minister may from time to time by order determine. (Amended by Legal Notice 112 of 1970.)

Rules of procedure

4. The Council may make rules regulating its proceedings and the mode of conducting its business.

Decisions of Council

5.-(1) Decisions of the Council shall be made by a majority vote of those present and voting and in the case of an equality of votes the chairman shall in addition to a deliberative vote have also a casting vote.

(2) The quorum of the Council shall be not less than twenty-three, of whom at least seven shall be members of the House of Representatives and fifteen shall be elected by Provincial Councils, and one shall be the chairman. (Amended by Legal Notice 112 of 1970.)

Attendance by invitation

6. The Council may invite any person to attend any meetings, and such person may take part in the proceedings of such meetings but shall not be entitled to vote.

Election of members

7.-(1) The election of members from a Provincial Council under the provisions of paragraph (1) of regulation 2 shall be held at a date, time and place to be announced by the chairman of such Council to each member thereof in such manner as may be prescribed, at least twenty-four hours before the election.

(2) Candidates shall be supported by two members of the Provincial Council, and shall signify their willingness to stand in writing.

(3) Nominations shall be in the hands of the Clerk of the Provincial Council, at least twelve hours before the election.

(4) If more candidates than the number to be elected are duly nominated, the chairman shall proceed to conduct an election by secret ballot but shall himself refrain from voting.

(5) The chairman shall announce the result of the ballot and shall report to the Minister the names of members so elected. (Amended by Legal Notice 112 of 1970.)

Duties of Council

8.-(1) It shall be the duty of the Council to-

(a) consider such draft legislation and other matters relating to the rights, interests, health, welfare, peace, order and good government of the Fijian people as the Minister or the Fijian Affairs Board may from time to time refer to the Council, and take decisions or make recommendations thereon to the Minister or the Fijian Affairs Board respectively;

(b) consider any resolutions relating to the same matters as are set out in sub-paragraph (a) which members may submit to the chairman at least one month before the opening date of the next meeting of the Council, and take decisions or make recommendations thereon to the Minister;

(c) receive any report made at its request by any person or committee appointed by it to make such a report under the provisions of paragraph (2);

(d) undertake any other duties or functions imposed on it by the provisions of any Act. (Amended by Legal Notice 112 of 1970.)

(2) Before making any recommendations on any matter, the Council may appoint any person or committee consisting of a chairman and of such members of the Council or of co-opted members from outside the Council as it may deem suitable, to consider such matter and report back thereon.

(3) Before taking any decision or making any recommendations on any matter, the Council shall decide whether or not to refer such matter to Provincial Councils for their consideration and recommendation.

Report of proceedings

9. A report of the proceedings of each meeting of the Council shall be submitted by the Minister to the Governor-General as soon as practicable after such meeting.
(Amended by Legal Notice 112 of 1970.)

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SECTION 6 - CRIMINAL OFFENCES CODE*

TABLE OF PROVISIONS

SECTION
1. Short title
2. Endeavouring to prevent marriage, or cohabitation of married persons
3. Care of pregnant women
4. Care of child under two years
5. Neglect to provide for family or dependants
6. Failing to report sickness of child, or to care for child
7. Neglect to send children to school
8. Girl absenting herself from her village
9. Remaining in industrial or closely settled areas
10. Unauthorised medical treatment
11. Assault
12. Theft
13. Receiving stolen property
14. Failing to restore property found
15. Abusive, indecent or threatening language
16. Disorderly conduct
17. Indecent behaviour
18. Adultery
19. Draunikau, kalourere, sorosoro, luveniwai
20. Kerekere, veitauvu, vasu
21. Trespass
22. Careless use of fire
23. Causing fire when no property destroyed
24. Causing fire when property destroyed
25. Malicious injury to property or animal
26. False swearing
27. Obtaining confessions by persons in authority
28. Refusing to aid a constable; assaulting or resisting a constable; escaping from custody
29. Aiding and abetting
30. Assuming a false name
31. Polluting drinking water
32. Killing or taking turtle, turtle eggs or young bêche-de-mer. Use of duva
33. Keeping dangerous dogs
34. Distribution of proceeds of sale of communal produce, timber and firewood
35. (Repealed)
36. Offences in connection with alcohol

* Regulation 2 of the Fijian Affairs (Criminal Offences Code) (Revocation) Regulations, 1967 (see Legal Notice No. 65 of 1967) provides as follows:

"2. The Criminal Offences Code is hereby revoked:

Provided that this regulation shall not come into force in any province until such date as may be notified by the Governor by notice in the Gazette."

By Legal Notice No. 100 of 1967, regulation 2 came into force on 31 December 1967 in the provinces of Bua, Cakaudrove and Macuata in the Northern Division, Naitasiri, Namosi, Rewa, Serua and Tailevu in the Central Division, and Kadavu in the Eastern Division.

By Legal Notice No. 188 of 1970, regulation 2 came into force on 6 February 1970 in the provinces of Lau and Lomaiviti in the Eastern Division.

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Regulation 17 September 1948, 31 March 1950, 10 November 1951, 8 October 1952, 4 November 1954, Legal Notices Nos. 84 of 1955, 103 of 1957, 153 of 1958

A Regulation to codify the law relating to criminal offences.

Short title

1. This Regulation may be referred to as the Criminal Offences Code.

Endeavouring to prevent marriage, or cohabitation of married persons

2. Any person who endeavours in any way to prevent the marriage of betrothed persons or the cohabitation of married persons on the ground of non-performance or non-completion of the customary presentations and observances on marriage shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Care of pregnant women

3.-(1) It shall be unlawful for a husband whose wife is pregnant or for any male relative in whose charge any pregnant woman is to order her to enter into any water for the purposes of fishing or to order her to weed, plant or carry food, firewood or water, and any such husband or relative contravening the provisions of this subsection shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month.

(2) It shall be unlawful for a woman who is pregnant or is the mother of a child under six months old to enter into or be found in any water for the purposes of fishing and any such woman shall be liable on conviction to a fine not exceeding $2 and in default to plait mats of equivalent value.

Care of child under two years

4. It shall be unlawful for any mother to place her child in the care of relatives or friends during the first two years of the child's life without first obtaining the roko's written consent (which shall not be unreasonably withheld) or a certificate from a Government medical officer certifying her as being incapable through infirmity or illness of properly caring for the child.

Penalty

If any such mother contravenes the provisions of this section she shall be liable on conviction to a fine of $10 and in default to imprisonment for any period not exceeding one month and for a second or any subsequent offence to imprisonment for any period not exceeding three months.

Neglect to provide for family or dependants

5.-(1) Any male liable by any law or custom to provide for, protect and maintain his wife, child, family, elder or young person under his protection or guardianship, guidance or control, who without reasonable cause neglects or refuses so to do shall be liable on conviction by a Provincial Court to be ordered to pay such periodical sum or sums as the court shall, having regard to the means of the person so convicted consider reasonable for the maintenance of the wife, child or other person neglected. The court shall have power to order that such periodical sum or sums shall be paid to the wife or to such other person as shall have maintained her or the child or other person neglected. If the person so convicted shall make default in the payment of any such periodical sum or sums ordered to be paid as aforesaid he shall be liable for each such default to be imprisoned for such period not exceeding three months as the court shall at the time of the making of the order direct:

Provided that no such person shall be committed to prison for any such default unless a magistrate of the Court is satisfied that such person has had the means to pay the sum in respect of which default is made and has refused or neglected to do so.
(Amended by Regulation 10 November 1951; Legal Notice 84 of 1955; 103 of 1957.)

Variation, suspension or discharge of order

(2) The Court may upon the application of any person affected by any such order and upon cause being shown upon fresh evidence to the satisfaction of the Court, at any time vary, suspend or discharge any such order. (Inserted by Legal Notice 84 of 1955.)

Neglect to see provision made

(3) Any person upon whom by law or custom the duty is cast to take care that such provision, protection or maintenance is made or afforded who neglects that duty shall be liable on conviction by a Provincial Court to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Failing to report sickness of child

6.-(1) Any parent or guardian who without just cause fails or neglects to report promptly the sickness of his child to the turaga-ni-koro or to the buli or to the Government medical officer or to the nurse shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month.

Failure to care for child

(2) Any person over the age of eighteen years having the custody charge or care of any child who fails to care for or neglects or treats such child in a manner likely to cause suffering or injury, or without lawful excuse fails to remove such child to a hospital when so directed by a Government medical officer or a nurse, or removes or causes the removal of child from hospital contrary to the advice of the Government medical officer in charge, shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

(3) For the purposes of this section "child" means any person who is under the age of seventeen years. (Amended by Regulation 10 November 1951.)

Neglect to send children to school

7. Every child between the ages of six and fourteen shall attend school and any parent or guardian who without just cause refuses or neglects to keep his child in regular attendance at school shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.
(Amended by Regulation 8 October 1952.)

Girl absenting herself from her village

8. Any unmarried girl under eighteen years of age absenting herself from her village without the consent of her parents or the person under whose control she is according to Fijian custom may be arrested on warrant and taken before a magistrate who may order her to be returned in safe custody to her home. Upon conviction for a second or any subsequent offence the court, in addition to ordering her be returned to her home, may impose a fine not exceeding $2 and in default imprisonment for any period not exceeding seven days.

Remaining in industrial or closely settled areas

9.-(1) It shall be unlawful for any person to remain longer than seven days in an industrial or closely settled area except such persons as-

(a) are registered in the Register of Native Lands as native land owners therein; or

(b) have been bona fide residents in such area for the past five years; or

(c) are in permanent employment therein.

Notice to depart therefrom

Any person contravening the aforesaid provision is liable to be served with a written notice, issued under the authority of the Secretary for Fijian Affairs, to depart from such area within twenty-four hours and return to the village of which he is a native or to the village where he has resided for the past five years.

Permission to return thereto

(2) No person shall return to any such area aforesaid without the permission in writing from the buli of the tikina or the roko of the province in which he is normally resident as aforesaid.

Penalty

(3) Any person failing to comply with the provisions of this section shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month, and for any subsequent offence to imprisonment for any period not exceeding three months.

Industrial or closely settled areas

(4) For the purpose of this section the following shall be deemed to be industrial or closely settled areas-

Ba

(a) the area within a radius of one mile and a half of the Ba Post Office;

Labasa

(b) the area within a radius of three miles of the Labasa Post Office, Nasea;

Lautoka

(c) the area within a radius of three miles of the Lautoka Post Office;

Lawaqa

(d) the area within a radius of two miles of the Lawaqa Court House;

Levuka

(e) the area within a radius of two miles of the Levuka Post Office, Ovalau;

Nadi

(f) the Tikina of Nadi (including the airport area);

Nausori

(g) the area on the left bank of the Rewa river within a radius of two miles of the Nausori Post Office;

Navua

(h) the area within a radius of two miles of the Navua Court House, Naitonitoni;

Rakiraki

(i) the, area within a radius of two miles of the junction of the Vaileka Road and the King's Road;

Suva

(j) the Tikina of Suva and that portion of the Tikina of Naitasiri lying on the right bank of the Waimanu river;

Tavua

(k) the area within a radius of seven miles of the Tavua Post Office (including the gold mines);

Tailevu

(l) the area within a radius of two miles of the Korovou Post Office, Tailevu. 
(Amended by Regulations 31 March 1950; 4 November 1954.)

Unauthorised medical treatment

10. It shall be unlawful for any person not registered as a Government medical officer or nurse to administer drugs or herbs to a sick person or to perform any operation whatsoever on any person.

Penalty

Any person contravening the provisions of this section shall be liable on conviction to a fine of $50 and in default to imprisonment for any period not exceeding three months and for a second or any subsequent offence to imprisonment for any period not exceeding six months.

Assault

11. Any person who assaults or beats any other person shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Theft

12. Any person who commits theft of or in respect of any property not exceeding in the opinion of the court the value of $20 shall be liable on conviction to imprisonment for any period not exceeding two months or to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Receiver of stolen property

13. Any person who receives property not exceeding in the opinion of the court the value of $20 well knowing the same to have been stolen shall be liable on conviction to imprisonment for any period not exceeding two months or to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Failing to restore property found

14. Any person who finds any property which does not belong to him and fails to restore the same to the owner thereof or, if the owner be unknown to him, to report the same to the nearest turaga-ni-koro shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for one month and may be ordered in addition to restore the property to the owner.

Abusive, indecent or threatening language

15.-(1) Any person who makes use of any abusive, indecent or threatening language in any place to the annoyance of anyone or by reason whereof an assault may be committed, or any person may fear that an assault may be committed, shall be liable on conviction to imprisonment for any period not exceeding two months or to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

(2) Any person who repeats any such language where the repetition is in the opinion of the court likely to cause an assault to be committed or any person to fear that an assault may be committed shall be liable on conviction to a fine not exceeding $10 or to imprisonment for any period not exceeding one month.

(3) Whosoever shall spread any evil and untrue report about any person, which may cause such person to suffer in reputation, shall be liable on conviction to a fine not exceeding $10 or to imprisonment for any period not exceeding one month.

Disorderly conduct

16. Any person who in any public place conducts himself in a disorderly manner shall be liable on conviction to a fine not exceeding $4 and in a default to imprisonment for any period not exceeding fourteen days.

Indecent behaviour

17. Any person who behaves before any person or persons in an indecent manner shall be liable on conviction to imprisonment for any period not exceeding two months.

Adultery

18.-(1) Any man who upon the complaint of the husband is found guilty of adultery with the wife of that husband shall be liable on conviction to a fine not exceeding $50 and in default to imprisonment for any period not exceeding three months, or to imprisonment for any period not exceeding three months.

(2) Any husband who commits adultery shall upon the complaint of his wife be liable on conviction to a fine not exceeding $50 and in default to imprisonment for any period not exceeding three months, or to imprisonment for any period not exceeding three months.

Draunikau, kalourere, sorosoro, luveniwai

19. Any person who practices or who assists in the practice of the rites known in the Fijian language as draunikau, or kalourere, or sorosoro, or luveniwai, or any other similar rite with whatsoever object shall be liable on conviction by a Provincial Court to imprisonment for any period not exceeding six months and, in the case of a male, to a whipping not exceeding ten lashes:

Provided that, if during or after the hearing of any complaint relative to the practice of draunikau or kalourere, or sorosoro and before judgment is given, the court is of opinion that the offence cannot be adequately punished as in this section provided, the court shall thereupon deal with the matter of the complaint in all respects as with charges of the commission of offences triable before the Supreme Court.

Kerekere

20.-(1) It shall be unlawful for any person to acquire, receive or carry away any money or property exceeding the value of 50 cents by exercising the custom known by the Fijian term kerekere. Any person convicted of this offence, upon information laid by the buli of the tikina in which such offence was committed or by a constable shall be liable to a penalty not exceeding $10 for the first offence and in default to imprisonment for any period not exceeding one month, and for a second or any subsequent offence to imprisonment for any period not exceeding three months.

Veitauvu and Vasu

(2) Whosoever takes, carries away or receives any money or property by exercising the right to acquire the same derived from the relationships known by the Fijian terms veitauvu and shall be guilty of an offence. Any person convicted of this offence, upon information laid by the buli of the tikina in which such offence was committed or by a constable, shall be liable to imprisonment for any period not exceeding two months for the first offence, and for a second or any subsequent offence to imprisonment for any period not exceeding six months. Any money or property so acquired shall, where such property has not been consumed, transferred, sold or destroyed, be returned to the legal owner thereof by an order of the court.

Trespass

21. Any person who persists in coming or remaining on any plantation, garden, village, land or premises after being warned not to come thereon or to depart therefrom, shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month.

Careless use of fire

22. Any person who carelessly or improperly carries or uses any lighted or inflammable substance shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month.

Causing fire when no property destroyed

23. Any person who by his negligence causes a fire shall, when no property is destroyed, be liable on conviction to a fine not exceeding $50 and in default to imprisonment for any period not exceeding three months.

Causing fire when property destroyed

24. Any person who by his negligence causes a fire whereby any property is destroyed shall be liable on conviction to a fine not exceeding $100 and in default to imprisonment for any period not exceeding six months. The court shall have power to order that the whole or part of the fine be paid to the owners of the property destroyed.

Malicious injury to property or animal

25. Any person who unlawfully and maliciously commits any damage to any property whatsoever or maliciously injuries any animal, the value of either of which in the opinion of the court does not exceed $20, shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month, and the court may in addition order the offender to make compensation for the damage.

False swearing

26. Any person who in any proceedings before a court swears falsely to any matter or thing, knowing the same to be false; shall be liable on conviction by a Provincial Court, upon the testimony of two or more credible witnesses, to imprisonment for any period not exceeding six months.

Obtaining confessions by persons in authority

27. If by the use of any force, detention, ill-treatment or threat thereof, or by any other means which in the opinion of the court is oppressive or is likely to put another in any fear, or if by any promise, favour, benefit or any like inducement any chief, Fijian official, constable or other Fijian in authority endeavours to obtain from any person suspected of having committed any offence such person's confession of guilt or statement of any kind relative to the matter whereof he is suspected, such chief, Fijian official, constable or other Fijian in authority shall be liable on conviction by a Provincial Court to imprisonment for any period not exceeding six months.

Refusing to aid a constable

28.-(1) Any person refusing to aid or assist any constable when called upon by him so to do shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Assaulting or resisting a constable

(2) Any person who assaults or resists, or wilfully obstructs any constable acting in execution of any duty shall be liable on conviction to a fine not exceeding $50 or to imprisonment for any period not exceeding three months or to both imprisonment and fine.

Escaping from custody

(3) Any person who, being in lawful custody, escapes from such custody shall be liable on conviction to a fine not exceeding $50 or to imprisonment for any period not exceeding three months or to both imprisonment and fine. (Added by Regulation 10 November 1951.)

Aiding and abetting

29. Every person who aids, abets, advises or causes another to commit any offence shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after that offender's conviction, and shall also be liable on conviction to the same penalties and punishments and to make the same payments as those to which the principal offender is liable on conviction, and he may be proceeded against and convicted either in the tikina or province where the principal offender committed the offence or in that in which the offence of aiding, abetting, advising or causing the commission of an offence took place.

Assuming a false name

30. If, for the purpose of evading any lawful tax or rate or levy or any other legal obligation whatsoever, any person assumes any other name than that by which he has been recorded in the Register of Births or the Register of Native Lands, such person shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months.

Polluting drinking water

31. Any person who discharges any filth or foul water or bathes or washes his clothes in, or otherwise defiles or pollutes any water used for drinking, shall be liable on conviction for the first offence to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month, and for a second offence to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months, and for any subsequent offence to imprisonment for any period not exceeding six months and, in the case of a male, to a whipping not exceeding ten lashes.

Killing or taking turtle, turtle eggs or young bêche-de-mer

32. No person shall-

(a) during the months of January, February, November or December in any year, kill, take or in any way molest any turtle;

(b) at any time dig up, use, take or destroy any turtle eggs or kill, take or in any way molest any turtle, the shell whereof is less than eighteen inches in length;

(c) at any time shoot or spear any turtle;

(d) take or use such young bêche-de-mer as are generally found on shallow reefs; or

(e) take, stupefy or kill any fish by the use of the plant known as duva or place such plant in any fishing water for the purpose of taking, stupefying or killing any fish.

Any person contravening any of the preceding provisions shall be liable on conviction to a fine not exceeding $20 and in default to imprisonment for any period not exceeding two months. (Amended by Regulation 10 November 1951.)

Keeping dangerous dogs

33. Any person who keeps any dangerous dog or who, after direction given to him by the magistrate or by the buli, refuses or neglects to destroy a dangerous dog shall be liable on conviction to a fine not exceeding $10 and in default to imprisonment for any period not exceeding one month, and the court making the conviction shall order the dog to be destroyed.

Distribution of proceeds of sale of communal produce, timber and firewood

34. The turaga-ni-koro of any village shall pay the total proceeds of the sale of communal produce or of timber or firewood cut for communal purposes by licence holders, being inhabitants of such village, to buli who shall distribute such proceeds to and on behalf of the persons concerned in such manner as the tikina council may approve, subject to prior deduction from such proceeds of the amount of any rates or communal levies owing by the inhabitants of such village.

Penalty

If any turaga-ni-koro fails to pay all or any such proceeds as aforesaid, he shall be liable on conviction to a fine not exceeding $50 and in default to imprisonment for any period not exceeding three months.

[35. * * * * * (Repealed by Legal Notice 103 of 1957.)]

Offences in connection with alcohol

36. Any person who makes or consumes or is found in possession of any alcoholic liquor, or who is found in possession of any materials for making any alcoholic liquor, not being alcoholic liquor brewed or distilled beyond and imported into Fiji nor alcoholic liquor lawfully brewed or distilled within Fiji, shall be liable on conviction to a fine not exceeding $50 or to imprisonment for any period not exceeding three months or to both imprisonment and fine.
(Added by Regulation 10 November 1951, r. 6; amended by Legal Notice 153 of 1958.)

SECTION 6 – FIJIAN AFFAIRS (APPEALS) REGULATIONS

________

TABLE OF PROVISIONS 

________

PART I – PRELIMINARY

REGULATION
1. Short title

PART II – CRIMINAL MATTERS
Division 1 – Appeals from Tikina Courts

2. When appeal lies
3. Notice of Appeal
4. Membership of appeal court
5. Where appellant is in custody. Recognizance to prosecute
6. Appeal from Tikina Court. Powers of court of appeal

Division 2 – Appeals from Provincial Courts
(Criminal Jurisdiction)

7. When appeal lies
8. Information to defendant of right to appeal
9. Appeal
10. Recognizance and suspension of sentence pending appeal
11. Recognizance or security to be taken
12. Certified copy of proceedings
13. Notice of hearing
14. Breach of recognizance
15. Sentence where appeal dismissed
16. Extension of time
17. Application of Criminal Procedure Code

PART III - CIVIL MATTERS - APPEALS FROM PROVINCIAL COURTS
(Civil Jurisdiction)

18. When appeal lies
19. Case stated
20. Notice of grounds of appeal
21. Preparation and transmission of the record
22. Notice of date of hearing
23. Fees
24. Employment of legal practitioners

Schedule - Forms

_________

Regulations 17 September 1948

PART I - PRELIMINARY

Short title

1. These Regulations may be referred to as the Fijian Affairs (Appeals) Regulations.

PART II - CRIMINAL MATTERS

Division 1 - Appeals from Tikina Courts

When appeal lies

2. An appeal shall lie from a Tikina Court to the Provincial Court-

(a) when the amount adjudged to be paid exceeds the sum of $2; or

(b) when a person has been adjudged as a punishment for an offence, in default of payment of a fine, to be imprisoned for a term exceeding seven days; or

(c) when a person has been adjudged as a punishment for an offence to be imprisoned without the option of a fine:

When no appeal lies

Provided that no appeal shall lie in the case of an accused person who has pleaded guilty and been convicted of on such plea, except as to the extent and legality of the sentence.

Notice of appeal

3.-(1) Notice of appeal from the decision of a Tikina Court shall be given orally or in writing within seven days of such decision, and the notice of appeal shall operate to suspend the execution of the decision until the case has been determined by a Provincial Court.

(2) The Commissioner of the Division in which the conviction took place shall have power to extend the time appointed by these Regulations for giving notice of appeal upon such terms, if any, as the justice of the case may require.

Fee of court

(3) The following fee shall be charged and taken after giving notice of appeal:-

For hearing any appeal from a Tikina Court (this fee is to be paid to the Tikina Court at the time of giving notice of appeal) ................................................................... 10c.

Membership of appeal court

4. The magistrate of the Tikina Court from whose decision an appeal has been entered shall not be a member of the Provincial Court in its appellate jurisdiction.

Where appellant is in custody. Recognizance to prosecute

5. Where the appellant is in custody the Tikina Court shall bind him over in recognizance according to Form 1 to appear at the next sitting of the appeal court. The date of the sitting of such court shall be notified to the appellant.
(Form 1)

Appeal from Tikina Court. Powers of court of appeal

6. Upon the hearing of the appeal the Provincial Court may confirm, reverse or modify the decision of the Tikina Court or make such order in the matter as the court may think just, and may by the order exercise any power which the Tikina Court might have exercised and the order shall have same effect and shall be enforced in the same manner as if it had been made by the Tikina Court.

Division 2 - Appeals from Provincial Courts 

(Criminal Jurisdiction)

When appeal lies

7. An appeal on a matter of fact as well as of law shall lie to the Supreme Court from a decision of the Provincial Court in the exercise of its original criminal jurisdiction-

(a) when the amount adjudged to be paid exceeds in the aggregate the sum of $20 exclusive of any costs; or

(b) when a person has been adjudged as a punishment for an offence to be imprisoned without the option of a fine:

Proviso

Provided that the order for imprisonment was not made as the alternative for failure to find sureties or for not entering into a recognizance, and provided further that no appeal shall lie in the case of an accused person who has pleaded guilty and has been convicted on such plea, except as to the extent and legality of the sentence.

Information to defendant of right to appeal

8. Upon giving a decision in any case from which an appeal lies the court shall inform the defendant of his right of appeal and may explain to him the manner and condition of so doing as prescribed by these Regulations.

Appeal

9.-(1) Within seven days of such decision the defendant may give notice to the court and to the person making the charge of his desire to appeal therefrom and of the grounds of appeal, and a magistrate of the court shall draw up the notice of appeal in Form 2 and sign the same.
(Form 2)

Notice of appeal from Provincial Court. Fees

(2) The following fees shall be charged and taken on giving notice of appeal:-

For preparing notice of appeal ................................................... 20c
For making up record for the Supreme Court ............................ 20c

Recognizance and suspension of sentence pending appeal

10.-(1) Where the appeal is against conviction or sentence and the appellant is not in custody, the sentence or order appealed against shall, on the appellant entering into such recognizance or giving such other security as is provided hereunder, be suspended pending the determination of the appeal.

(2) Where the appellant is in custody and has entered into such recognizance or given such other security as is provided in regulation 11, the court may, if it thinks fit, release the appellant from custody pending the determination of the appeal.

(3) Unless the recognizance or security as provided for hereunder is given as prescribed, the decision appealed from may be executed as though no appeal lay therefrom.

Recognizance or security to be taken

11. The appellant shall within three days after giving notice of appeal enter into a recognizance in Form 3 before the court or a magistrate thereof, with or without a surety or sureties as may be directed, conditioned to appeal before the Supreme Court and to prosecute the appeal and to abide the judgment of the Supreme Court thereon; or, if the court thinks it expedient, the appellant shall instead of entering into recognizance give security by payment into court of a sum not exceeding $20 for the fulfilment of the aforesaid conditions.
(Form 3)

Certified copy of proceedings

12.-(1) Upon the prescribed fees being paid and the required recognizance or security being taken, three copies of the record consisting of the charge and of the evidence given on the hearing thereof, and of the judgment of the court thereon and of the notice of appeal shall be made by a magistrate of the court and one copy of the record aforesaid shall be certified by him to be a true copy.

(2) Any part of the record which has been written or given in evidence in the Fijian language shall be translated into English and certified by the person making the translation as having been truly and faithfully translated.

(3) The certified copy of the record shall as soon as possible after it has been made, be forwarded together with the original notice of appeal to the Chief Registrar of the Supreme Court. The other two copies of the record shall be delivered to the appellant and to the Legal Adviser to the Board respectively by the magistrate of the court which convicted the appellant.

Notice of hearing

13. The Chief Registrar of the Supreme Court shall forward to the presiding magistrate of the Provincial Court for service on the appellant and to the Legal Adviser to the Board notice of the time and place at which the appeal will be heard.

Breach of recognizance

14. Upon the breach of any condition of a recognizance entered into under the provisions of these Regulations, the penalty for the same may be enforced by the court taking it in the manner prescribed by regulation 37 of the Fijian Affairs (Courts) Regulations.

Sentence where appeal dismissed

15. If the appeal is ultimately dismissed and the original sentence confirmed or some other sentence substituted therefor, the time during which the appellant has been released from custody shall be excluded in computing any term of imprisonment to which he may finally be sentenced.

Extension of time

16. The Supreme Court may at any time for good cause enlarge the periods of time prescribed by regulations 9 and 11.

Application of Criminal Procedure Code

17. Sections 308 to 342 (inclusive) of the Criminal Procedure Code shall not apply to appeals from Provincial Courts.
(Cap. 21.)

PART III - CIVIL MATTERS - APPEALS FROM PROVINCIAL COURTS
(Civil Jurisdiction)

When appeal lies

18. An appeal shall lie to the Supreme Court from any final judgment or order of a Provincial Court in the exercise of its original civil jurisdiction where the sum of money or value of the subject matter in dispute does not exceed $100.

Case stated

19. In addition to and without prejudice to the right of appeal conferred by regulation 18, a Provincial Court may state a case, and submit the same through the Clerk of the Board, on any question of law which may arise during the trial of any case, for the opinion of the Legal Adviser to the Board who shall have power to determine with or without hearing argument any such question.

Notice of grounds of appeal

20. An appellant shall, within seven days of the day on which the decision appealed against was given, give to the respondent and to the presiding magistrate of the Provincial Court notice in writing of his intention to appeal specifying the grounds of his appeal.

Preparation and transmission of the record

21.-(1) Within seven days from the filing of the notice and grounds of appeal the Provincial Court shall make up three copies of the record of appeal which shall consist of the writ of summons, the pleadings, if any, all documents admitted as evidence or tendered and rejected as evidence, the notes of evidence, the judgment or order of the court and the grounds of appeal.

(2) Any part of the record which is written in the Fijian language shall be translated into English and certified by the person making the translation as having been truly and faithfully translated.

(3) One copy of the record certified as a true copy by a magistrate of the Provincial Court shall be forwarded to the Chief Registrar of the Supreme Court. The other two copies shall be available for the appellant or respondent respectively on application and at the cost of the person applying.

Notice of date of hearing

22. The Chief Registrar of the Supreme Court shall forward to the barristers and solicitors of the parties if known or if not known to the presiding magistrate of the Provincial Court for service by the Provincial Court on both the appellant and the respondent notices of the time and place at which the appeal will be heard. The Provincial Court serving such notices shall forward to the Chief Registrar of the Supreme Court affidavits of service of such notices on the respective parties in time to arrive not later than the day fixed for hearing of the appeal.

Fees

23. The following fees shall be paid by the party and to the court indicated below provided that the court to whom the fees are payable may remit all or any of the fees on account of the poverty of any part or for other sufficient reason.

No.	Item	Fee	To be paid by	To be paid to	
		$ c			
1	Filing notice of intention and grounds of appeal.	1.00	appellant.	Provincial Court for transmission to Supreme Court with the record.	
2	On every bond or deposit for security for costs.	0.50	appellant.	Court ordering security.	
3	For copy of record for use of Supreme Court for each 100 words or part of 100 words.	0.50	appellant.	Provincial Court making copy.	
4	For copy of record for use by appellant or respondent for each 100 words or part of 100 words.	0.05	party applying for copy.	Provincial Court making copy.	
5	On hearing an appeal.	4.00	appellant.	Provincial Court for transmission to Supreme Court with the record.	
6	For a copy of any judgment or order of the Supreme Court made on appeal for every 100 words or part of 100 words.	0.05	party applying.	Supreme Court.	

Employment of legal practitioners

24. The provisions of regulation 8 of the Fijian Affairs (Courts) Regulations shall apply to all proceedings under these Regulations.

______

THE SCHEDULE

FORM 1
(Regulation 5)

RECOGNIZANCE TO PROSECUTE APPEAL FROM TIKINA COURT

In the Tikina Court of ………………..

I, [name of appellant] the undersigned acknowledge myself to owe to our Sovereign Lady the Queen the sum of ……………. if I fail in the condition hereon indorsed.

Magistrate
(Signature of appellant)

Taken before me the ………….. day of …………., 19…

CONDITION

The condition of this recognizance is such that if [name of appellant] appears before the next Provincial Court for the province of ………….. and then and there prosecutes an appeal against the decision of this Court in the case of [name of plaintiff] against [name of defendant] and abides by the order of the said Court upon the hearing of the said appeal, then this recognizance shall be void, but otherwise shall remain in full force.

_____

FORM 2
(Regulation 9)

NOTICE OF APPEAL FROM A PROVINCIAL COURT

In the Provincial Court of ……………….

To the Chief Registrar of the Supreme Court.

The ………………day of …………….., 19….

[Name of appellant] of [address] has this day given notice to this Court and to [name of person making charge] of [address] that he appeals from a decision of this Court given on the ……….. day of ………., 19…., in the case of [name of person making charge] against [name of person charged] on the following grounds: [here state the grounds of appeal].

A Magistrate of the Court.

[When the recognizance or security has been taken the Magistrate taking the same shall sign the following:-]

I [name of Magistrate] hereby certify that [name of appellant] the above-named appellant has entered into the recognizance prescribed by the Fijian Affairs (Appeals) Regulations (or has given sufficient security in the matter of his appeal).

Dated this …………….day of ……….., 19……

A Magistrate of the Court

______

FORM 3
(Regulation 11)

RECOGNIZANCE TO PROSECUTE APPEAL FROM PROVINCIAL COURT

In the Provincial Court of ………….

[Name of appellant] of [address] and [name of surety or sureties] of [address] acknowledge that he or they severally owe to Her Majesty the Queen the sum of to be paid by him or them or one of them if the said [name of appellant] shall fail in the condition hereof.

(Signature(s) of appellant and surety or sureties)

Taken before me this …………….. day of …………, 19…..

A Magistrate of the Court

CONDITION

The condition is that if the said [name of appellant] shall appear before the Supreme Court on such day and at such place as shall be appointed and try his appeal against a decision of the Provincial Court of [name of province] given on the ………..day of ……, 19…, and abide the judgment of the Supreme Court on the hearing of the appeal then this recognizance shall be void but otherwise shall remain in full force.

_______

SECTION 6 - FIJIAN AFFAIRS (BOUNDARIES) REGULATIONS

TABLE OF PROVISIONS

REGULATION

1. Short title
2. Provinces and tikina
Schedule - Description of Boundaries

_______

Regulation 30 July 1966, Legal Notice No. 169 of 1978

Short title

1. These Regulations may be cited as the Fijian Affairs (Boundaries) Regulations.

Provinces and tikina

2. Fiji is divided into the provinces and tikina specified and described in the Schedule.

_______

SCHEDULE

1. PROVINCE OF BA

The Province of Ba shall comprise all that portion of the island of Viti Levu bounded by a line running from the north coast of Viti Levu at the westernmost corner of Nakauvuli freehold on the south side of Tavua Bay.

Thence southerly for a distance of approximately 27 miles to Navunitorilau earthmound.

Thence westerly for a distance of approximately 58 miles to Korodranidole No. 2 earthmound.

Thence southerly for a distance of approximately 11 miles to Nadevo earthmound.

Thence westerly for a distance of approximately 24 miles to the westernmost corner of Nacobi freehold on the west coast of Viti Levu.

Thence by the sea coast northerly and easterly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Kadavulailai, Luvuka, Malamala, Nawaqarua, Vomo, Vunavadra, Yakuilau and the Yasawa group of islands, and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in red on Plans P.P.5 and P.P.6 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BA

The tikina of Ba shall comprise that portion of the province of Ba bounded by a line running from Nararaqata earthmound on the sea coast near Vatutavui village.

Thence southerly for a distance of approximately 16 miles to the northernmost corner of Namau freehold.

Thence south westerly for a distance of approximately 19 miles to Natodra No. 1 earthmound.

Thence northerly for a distance of approximately 11 miles to Malosewa earthmound on the sea coast.

Thence following the sea coast generally north easterly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Nanuya and Nawaqarua and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.5 deposited in the office of the Director of Lands.

(b) THE TIKINA OF MAGODRO

The tikina of Magodro shall comprise that portion of the province of Ba bounded by a line running from Natodra No. 1 earthmound southerly for a distance of approximately 24 miles to Namako No. 1 earthmound.

Thence easterly for approximately 21 miles to the junction of Nabunimedre creek and the Lavevatu creek.

Thence northerly for approximately 24 miles to the northernmost corner of Namau freehold.

Thence south westerly for a distance of approximately 19 miles to the point of commencement.

The whole of such area being more particularly delineated and edged in blue on Plan P.P.5 deposited in the office of the Director of Lands.

(c) THE TIKINA OF NADI

The tikina of Nadi shall comprise that portion of the province of Ba bounded by a line running from the westernmost corner of Nacobi freehold on the sea coast.

Thence south easterly for a distance of approximately 6 miles to Naqarakawa earthmound.

Thence north easterly for a distance of approximately 23 miles to Nagado earthmound.

Thence westerly for a distance of approximately 9 miles to the mouth of the Sabeto river at the sea coast.

Thence following the sea coast south westerly and southerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Malamala and Yakuilau.

The whole of such area being more particularly, delineated and edged in brown on Plan P.P.5 deposited in the office of the Director of Lands.

(d) THE TIKINA OF NAVITI

The tikina of Naviti shall comprise that portion of the province of Ba, consisting of the islands of Drawaqa, Kuata, Nanuyabalavu, Narara, Naukacuvu, Naviti, Vatu, Viwa, Waya and Wayasewa.

Together with the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged mauve on Plan P.P.5 and P.P.6 deposited in the office of the Director of Lands.

(e) THE TIKINA OF NAWAKA

The tikina of Nawaka shall comprise that portion of the province of Ba bounded by a line running from Nagado earthmound easterly for a distance of approximately 14 miles to Korodoko Trigonometrical Station.

Thence south easterly for a distance of approximately 30 miles to Nasita earthmound.

Thence westerly for a distance of approximately 15 miles to Naqarakawa earthmound.

Thence north easterly for a distance of approximately 23 miles to the point of commencement.

The whole of such area being more particularly delineated and edged in sepia on Plan P.P.5 deposited in the office of the Director of Lands.

(f) THE TIKINA OF TAVUA

The tikina of Tavua shall comprise that portion of the province of Ba bounded by a line running from the westernmost corner of Nakauvuli freehold on the sea coast in Tavua Bay.

Thence south easterly for a distance of approximately 27 miles to Navunitorilau earthmound.

Thence westerly for a distance of approximately 22 miles to the junction of the Savusavuturalevu creek and the Tawalase creek.

Thence Northerly for a distance of approximately 32 miles to Nararaqata earthmound on the sea coast near Vatutavui village.

Thence following the sea coast in a northerly and easterly direction to the point of commencement.

Together with the small islands adjacent thereto and the islands of Manava, Nukuivovo, Tavuca and Vatialailai, but excluding Portion No. 2 of the tikina of Navosa in the province of Navosa.

The whole of such area being more particularly delineated and edged in green on Plan P.P.5 deposited in the office of the Director of Lands.

(g) THE TIKINA OF VUDA

The tikina of Vuda shall comprise that portion of the province of Ba bounded by a line running from Malosewa earthmound southerly for a distance of approximately 22 miles to Nagado earthmound.

Thence westerly for a distance of approximately 9 miles to the mouth of the Sabeto River at the sea coast.

Thence following the sea coast north westerly and north easterly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Bekana, Kadavu, Luvuka, Malevu, Nukunimanu, Savala, Tai, Tivua, Vio, Vomo, Vomo Lailai, Vunavadra and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in carmine on Plan P.P.5 deposited in the office of the Director of Lands.

(h) THE TIKINA OF YASAWA

The tikina of Yasawa shall comprise the following portion of the province of Ba consisting of the islands of Matacawalevu, Nacula, Naituvatuva, Nanuyaira, Nanuyaiyata, Nanuyalailai, Nanuyalevu, Sawailau, Tavewa, Vawa, Viwa, Yalewa-kalou, Yaqeta, Yasawa, Yawini and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in orange on Plan P.P.6 deposited in the office of the Director of Lands.

2. THE PROVINCE OF BUA

The province of Bua shall comprise all that portion of the island of Vanua Levu bounded by a line running from the north coast of Vanua Levu at the mouth of Sovani creek on the boundary between Vunicibicibi and Navoavoa freeholds south easterly for a distance of approximately 22 miles to Nodrauqiqiyaganasausauwaki earthmound.

Thence south easterly for a distance of approximately 9 miles to the mouth of the Kilaka creek on the south coast of Vanua Levu.

Thence by the sea coast first south westerly then north westerly and then north easterly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Tavea, Galoa, Yaqaga, Nasonisoni and Namenalala and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in red on Plan P.P.14 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BUA

The tikina of Bua shall comprise that portion of the province of Bua bounded by a line running from the sea coast in Bua Bay at the mouth of Vunidawa or Kakawadoi creek easterly for a distance of approximately 11 miles to Navotuvotu Trigonometrical Station earthmound.

Thence north easterly for approximately 13 miles to Vunicagicagi earthmound near Kalakala Trigonometrical Station.

Thence northerly for a distance of approximately 11 miles to the sea coast at the mouth of Sovani creek on the boundary between Vunicibicibi freehold and Navuavua freehold.

Thence along the sea coast westerly and southerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Bekana, Galoa, Koso, Natiavuni, Navatu, Nukuira, Nukumala, Oadrau, Ruarua, Taveya, Toberua, Vatukatolu, Vedralalevu, Yanucagi and Yaqaga and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in green on Plan P.P.14 deposited in the office of the Director of Lands.

(b) THE TIKINA OF VUYA

The tikina of Vuya shall comprise the following portions of the province of Bua.

(1) Portion No. 1

That portion of the island of Vanua Levu bounded by a line running from the sea coast in Kilaka Bay at the mouth of the Kilaka river westerly for a distance of approximately 6 miles to Muremure No. 1 earthmound at the source of Nagasauniuniu creek.

Thence southerly for a distance of approximately 8 miles to the mouth of Suetabu creek at the sea coast in Wainunu Bay.

Thence along the sea coast easterly and northerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Koroikovu, Koroniasaca, Namenalala, Nasonisoni, Navatu, Vatubuco and the small islands adjacent thereto.

(2) Portion No. 2

That portion of the island of Vanua Levu bounded by a line running from the sea coast in Bua Bay at the mouth of Navunidawa or Kakawadoi creek easterly for a distance of approximately 11 miles to Navotuvotu Trigonometrical Station.

Thence southerly for a distance of approximately 16 miles to Sovi No. 1 earthmound on the sea coast.

Together with the small islands adjacent thereto and the islands of Lekubi, Namotu, Yadua, Yaduataba and the small islands adjacent thereto.

Both such portions being more particularly delineated and edged in orange on Plan P.P. 14 deposited in the office of the Director of Lands.

(c) THE TIKINA OF WAINUNU

The tikina of Wainunu shall comprise that portion of the province of Bua bounded by a line running from the sea coast in Wainunu Bay at the mouth of Suetabu creek northerly for a distance of approximately 11 miles to Nodrauqiqiyaganasausauwaki earthmound.

Thence south westerly for a distance of approximately 17 miles to Nadomole earthmound.

Thence southerly for a distance of approximately 15 miles to Sovi No. 1 earthmound on the sea coast.

Thence following the sea coast north easterly and southerly to the point of commencement.

Together with the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in mauve on Plan P.P.14 deposited in the office of the Director of Lands.

3. THE PROVINCE OF CAKAUDROVE

The province of Cakaudrove shall comprise all that portion of the island of Vanua Levu bounded by a line running from the south coast of Vanua Levu at the mouth of Kilaka creek northerly for a distance of approximately 9 miles to Nodrauqiqiyaganasausauwaki earthmound.

Thence north easterly for a distance of approximately 130 miles to the sea coast at Udu Point at the north eastern extremity of Vanua Levu.

Thence by the sea coast first southerly and then south westerly then north easterly and again southerly and then westerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Kioa, Laucala, Malima, Nanukulevu, Naqelelevu, Nukubasaga, Nukusemanu, Qamea, Rabe, Taveuni, Vetauua and Yanuca and the small islands adjacent thereto. The whole of such area being more particularly delineated and edged in red on Plan P.P.15 deposited in the office of the Director of Lands.

(a) THE TIKINA OF CAKAUDROVE

The Tikina of Cakaudrove shall comprise the following portions of the province of Cakaudrove:-

(1) Portion No. 1

That portion of the island of Vanua Levu bounded by a line running from the sea coast in Buca Bay at the mouth of Nayalalevu creek near the village of Loa westerly for a distance of approximately 8 miles to Dovumatua earthmound on the north eastern boundary of Valavala freehold.

Thence westerly for a distance of approximately 10 miles to Delainaqilo earthmound.

Thence south easterly for a distance of approximately 2 miles to the sea coast near Vunilagi estate.

Thence along the sea coast easterly and north westerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Benauiwai, Cakaudrove, Drativau, Kia, Kioa, Nanucaiwai, Naumena, Rabe and Yanuyanuwiri and the small islands adjacent thereto.

(2) Portion No. 2

That portion of the island of Taveuni bounded by a line running from the sea coast at the northernmost corner of Tuvumaca freehold southerly for a distance of approximately 8 miles to Naucunikoli on the western shore of Tagimaucea Lake.

Thence south easterly for a distance of approximately 5 miles to the mouth of Wainabua creek on the sea coast.

Thence along the sea coast south westerly to South Cape, north westerly to Vuna Point and north easterly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Korolevu, Nukutolu islets, Yacata and the small islands adjacent thereto.

Both such portions being more particularly delineated and edged in green on plan P.P.15 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NASAVUSAVU

The Tikina of Nasavusavu shall comprise the following portions of the province of Cakaudrove:-

(1) Portion No. 1

That portion of the island of Vanua Levu bounded by a line running from the sea coast in Savarekareka Bay on the boundary between Savarekareka freehold and Navunitavi freehold northerly for a distance of approximately 9 miles to Mariko Trigonometrical Station.

Thence easterly for a distance of approximately 8 miles to the south east corner of Navorou freehold on the sea coast in Navorou Bay.

Thence along the sea coast of Natewa Bay southerly, easterly and north easterly for a distance of approximately 28 miles to Navirimaca earthmound.

Thence south easterly for a distance of approximately 3 miles to the north eastern corner of Valavala freehold.

Thence south westerly for a distance of approximately 11 miles to the mouth of the Mataniwai River on the sea coast near Vunilagi Estate.

Thence along the sea coast south westerly and westerly, passing Salt Lake to Lesiaceva Point.

Thence along the sea coast north easterly, passing Nakama and Valeci, to the point of commencement.

Together with the small islands adjacent thereto and the islands of Bakabaka, Lotu, Naitilo, Narogai, Navatudamu, Naviavia, Nawaci, Nawi, Nukudrau, Savasi, Vanuanawa, Yanuyanu and the small islands adjacent thereto.

(2) Portion No. 2

That portion of the island of Vanua Levu bounded by a line running from the sea coast in Natewa Bay at the mouth of Tabia or Vunidogoloa creek south westerly for a distance of approximately 1 mile along the sea coast to Vuinasoso earthmound.

Thence north easterly for a distance of approximately 2 miles to Uluisavu earthmound.

Thence north easterly for a distance of approximately 2 miles to Levonivuaka earthmound.

Thence southerly for a distance of approximately 2 miles to the point of commencement.

Together with the islands adjacent thereto.

(3) Portion No. 3

That portion of the island of Vanua Levu bounded by a line running from the sea coast in Natewa Bay at the southern corner of Warikaba freehold north westerly for a distance of approximately 2 miles to Uluinasekalavo earthmound.

Thence north easterly for a distance of approximately 1 mile to Siliyaga earthmound.

Thence easterly for a distance of approximately 4 miles to Vunidakua No. 1 earthmound on the sea coast of Natewa Bay.

Thence along the sea coast south westerly to the point of commencement.

Together with the islands adjacent thereto.

The whole of such portions being more particularly delineated and edged in mauve on Plan P.P.15 deposited in the office of the Director of Lands.

(c) THE TIKINA OF SAQANI

'The tikina of Saqani shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast at Udu Point, the north eastern tip of Vanua Levu south westerly for a distance of approximately 30 miles to Gusuivuniivi earthmound.

Thence south easterly for a distance of approximately 11 miles to the mouth of Dawato River on the sea coast of Natewa Bay.

Thence along the sea coast north easterly to the point of commencement.

Together with the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in brown on Plan P.P.15 deposited in the office of the Director of Lands.

(d) THE TIKINA OF TUNULOA

The tikina of Tunuloa shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast to Buca Bay at the mouth of Nayalalevu creek near the village of Loa westerly for a distance of approximately 10 miles to Navirimaca on the sea coast in Natewa Bay.

Thence along the sea coast north easterly and south westerly to the point of commencement.

Together with the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.15 deposited in the office of the Director of Lands.

(e) THE TIKINA OF VATUROVA

The tikina of Vaturova shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast in Natewa Bay at the mouth of Dawato River north westerly for a distance of approximately 12 miles to the confluence of Draladamu creek with Natabe creek.

Thence south westerly for a distance of approximately 24 miles to Delainaalwa earthmound.

Thence south easterly for a distance of approximately 17 miles to the south east boundary of Navorau freehold on the sea coast in Navorau Bay.

Thence along the sea coast north easterly to the point of commencement.

Together with the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in orange on Plan P.P.15 deposited in the office of the Director of Lands.

(f) THE TIKINA OF WAILEVU

The tikina of Wailevu shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast in Savarekareka Bay on the boundary between Savarekareka freehold and Navunitavi freehold northerly for a distance of approximately 22 miles to Delainalawa earthmound.

Thence south westerly for a distance of approximately 56 miles to Nodrauqiqiyaganasausauwaki earthmound.

Thence south easterly for a distance of approximately 9 miles to the mouth of Kilaka River on the sea coast on Kilaka Bay.

Thence by the sea coast north easterly and south easterly, along the shores of Kilaka Bay, Savusavu Bay, Valaga Bay and Savarekareka Bay to the point of commencement.

Together with the small islands adjacent thereto and the islands of Dogodogo, Naduri, Nariqi and Vaturokobe and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in pink on Plan P.P.15 deposited in the office of the Director of Lands.

(g) THE TIKINA OF WAINIKELI

The tikina of Wainikeli shall comprise that portion of the province of Cakaudrove bounded by a line running from the sea coast at the northernmost corner of Tuvumaca freehold southerly for a distance of approximately 9 miles to Naucunikoli on the western shore of Tagimaucea Lake.

Thence south easterly for a distance of approximately 5 miles to the mouth of Wainibau creek on the sea coast.

Thence along the sea coast north easterly, northerly and south westerly, to the point of commencement.

Together with the small islands adjacent thereto and the islands of Laucala, Malima, Matagi, Nanukulailai, Nanukulevu, Naqelelevu, Nukubasaga, Nukupureti, Qamea, Tauriria, Vetauwa, and Yanuca and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in blue on Plan P.P.15 deposited in the office of the Director of Lands.

4. THE PROVINCE OF KADAVU

The province of Kadavu shall comprise the islands of Kadavu, Buliya, Dravuni, Galoa, and Matanuku and the small islands adjacent thereto, and more particularly delineated and edged in red on Plan P.P.17 deposited in the office of the Director of Lands.

(a) THE TIKINA OF NABUKELEVU

The tikina of Nabukelevu shall comprise that portion of the island of Kadavu bounded by a line running from the northern sea coast at the mouth of Waica Creek near the westernmost corner of Richmond freehold southerly for a distance of approximately 6 miles to Nukulobolobo and north easterly to the point of commencement.

Together with the small islands adjacent thereto and the island of Nagigia.

The whole of such area being more particularly delineated and edged in brown on Plan P.P.17 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NACEVA

The tikina of Naceva shall comprise that portion of the island of Kadavu bounded by a line running from the southern sea coast at Vunigali northerly for a distance of approximately 6 miles to Vunibau on the northern coast near the village of Vunisei in Daku Bay.

Thence along the sea coast north easterly and easterly to Vatuveigoleyaki earthmound.

Thence southerly for a distance of approximately 13 miles to a point on the common boundary between Natidri and Laqera freeholds on the sea coast in Korolevu Bay.

Thence along the sea coast southerly and westerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Naitukuwalu, Nayanuyanu, Vonobia and Waya and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.17 deposited in the office of the Director of Lands.

(c) THE TIKINA OF NAKASALEKA

The tikina of Nakasaleka shall comprise that portion of the island of Kadavu bounded by a line running from the northern sea coast at Vatuveigoleyaki southerly to a point on the common boundary between Natidri and Laqera freeholds on the sea coast in Korolevu Bay.

Thence along the sea coast easterly, and northerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Bala, Buabua, Buliya, Dravuni, Lanitua, Mataikadavu, Namara, Solo, Vanuakula, Vanuatabu, Vesa, Vurolevu, Yabu, Yakuvelailai and Yakuvelevu and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in green on Plan P.P. 17 deposited in the office of the Director of Lands.

(d) THE TIKINA OF TAVUKI

The tikina of Tavuki shall comprise that portion of the island of Kadavu bounded by a line running from the northern sea coast at the mouth of Waica Creek near the westernmost corner of Richmond freehold southerly for a distance of approximately 6 miles to Nukulobolobo on the southern coast.

Thence by the sea coast generally north easterly, passing Yaravu Bay and Galoa harbour to Vunigali.

Thence northerly for a distance of approximately 6 miles to Vunibau on the northern coast near the village of Vunisei in Daku Bay.

Thence along the sea coast in a general south westerly direction, passing Muadule, Namalata Bay and Tavuki Bay to the point of commencement.

Together with the small islands adjacent thereto and the islands of Galoa, Kanamoiyanuca, Mago, Matanuku, Menaga, Niuvaqau, Tawadromu, Vunivesi, Yadatavaya, Yanuyanulevu, and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in mauve on Plan P.P.17 deposited in the office of the Director of Lands.

5. THE PROVINCE OF LAU

The province of Lau shall comprise the islands of the Lau group, including the islands of Welagilala, Naitauba, Vanuabalavu including Yavea, Cikobia-i-lau, Namalata and Susui, Kanacea, Vatuvara, Mago, Katafaga, Tuvuca, Cicia, Nayau, Lakeba, Oneata, Komo, Vanuavatu, Moala, Matuku, Totoya, Kabara, Namuka-i-lau, Moce and Vulaga, more particularly delineated and edged in red on Plan P.P.15 deposited in the office of the Director of Lands.

(a) THE TIKINA OF CICIA

The tikina of Cicia shall comprise the island of Cicia.

The whole of such area being more particularly delineated and edged in blue on Plan P.P. 18 deposited in the office of the Director of Lands.

(b) THE TIKINA OF KABARA

The tikina of Kabara shall comprise the islands of Kabara, Komo, Marabo, Namuka-i-lau, Olorua, Tavunasici and Vuaqava and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in green on Plan P.P.18 deposited in the office of the Director of Lands.

(c) THE TIKINA OF LAKEBA

The tikina of Lakeba shall comprise the islands of Aiwa, Lakeba and Vanuamasi and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.18 deposited in the office of the Director of Lands.

(d) THE TIKINA OF LOMALOMA

The tikina of Lomaloma shall comprise the southern portion of the island of Vanuabalavu bounded by a line running from Vunimoli on the sea coast westerly to Nailoilo on the sea coast.

Thence along the sea coast southerly and northerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Kanacea, Katafaga, Mago, Munia, Naitauba, Namalata, Susui, Tuvuca, Vatuvara, Vekai, Welagilala and Yanuyanu and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in mauve on Plan No.18 deposited in the office of the Director of Lands.

(e) THE TIKINA OF MATUKU

The tikina of Matuku shall comprise the islands of Matuku and Welagi and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in black on Plan P.P.18 deposited in the office of the Director of Lands.

(f) THE TIKINA OF MOALA

The tikina of Moala shall comprise the island of Moala and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in cadmium yellow on Plan P.P.18 deposited in the office of the Director of Lands.

(g) THE TIKINA OF MOCE

The tikina of Moce shall comprise the islands of Koroni and Moce and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in neutral tint on Plan P.P.18 deposited in the office of the Director of Lands.

(h) THE TIKINA OF MUALEVU

The tikina of Mualevu shall comprise the northern portion of the island of Vanuabalavu bounded by a line running from Vunimoli on the sea coast westerly to Nailoilo on the sea coast.

Thence along the sea coast northerly, easterly and southerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Adavaci, Cikobia-i-lau, Kibobo, Qilaqila, Sovu and Yavea and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in orange on Plan P. P.18 deposited in the office of the Director of Lands.

(i) THE TIKINA OF NAYAU

The tikina of Nayau shall comprise the island of Nayau and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in light brown on Plan P.P.18 deposited in the office of the Director of Lands.

(j) THE TIKINA OF ONEATA

The tikina of Oneata shall comprise the islands of Loa and Oneata and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in carmine on Plan P.P.18 deposited in the office of the Director of Lands.

(k) THE TIKINA OF ONO

The tikina of Ono shall comprise the islands of Ono-i-Lau, together with the islands of Tuvana-i-ra, Tuvana-i-colo, Vatoa, Doi, and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in veridan on Plan P.P.18 deposited in the office of the Director of Lands.

(l) THE TIKINA OF TOTOYA

The tikina of Totoya shall comprise the islands of Totoya and Vanuavatu and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in sepia on Plan P.P.18 deposited in the office of the Director of Lands.

(m) THE TIKINA OF VULAGA

The tikina of Vulaga shall comprise the islands of Navutu-i-loma, Navutu-i-ra, Nayabo, Ogeadriki, Ogealevu, Vulaga, and Yagasalevu.

The whole of such area being more particularly delineated and edged in brown on plan P.P.18 deposited in the office of the Director of Lands.

6. PROVINCE OF LOMAIVITI

The province of Lomaiviti shall comprise the islands of Batiki, Gau, Koro, Makogai, Makodraga, Moturiki, Nairai, Ovalau, Wakaya, and Yanucalevu and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in red on plan P.P.19 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BATIKI

The tikina of Batiki shall comprise the island of Batiki and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 19 deposited in the office of the Director of Lands.

(b) THE TIKINA OF GAU

The tikina of Gau shall comprise the island of Gau and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in green on Plan P.P.19 deposited in the office of the Director of Lands.

(c) THE TIKINA OF KORO

The tikina of Koro shall comprise the island of Koro and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in mauve on Plan P.P.19 deposited in the office of the Director of Lands.

(d) THE TIKINA OF MOTURIKI

The tikina of Moturiki shall comprise the island of Moturiki and the small islands adjacent thereto, and the islands of Nagasautabu, Naivakataqanisaisai, Yanucalailai and Yanucalevu.

The whole of such area being more particularly delineated and edged in green on Plan P.P.189 deposited in the office of the Director of Lands and Surveyor-General.
(Inserted by Legal Notice 169 of 1978.)

(e) THE TIKINA OF NAIRAI

The tikina of Nairai shall comprise the island of Nairai and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in orange on Plan P.P.19 deposited in the office of the Director of Lands.

(f) THE TIKINA OF OVALAU

The tikina of Ovalau shall comprise the island of Ovalau and the small islands adjacent thereto, and the islands of Makodraga, Makogai and Wakaya.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P. 189 deposited in the office of the Director of Lands and Surveyor-General.
(Amended by Legal Notice 169 of 1978.)

7. PROVINCE OF MACUATA

The province of Macuata shall comprise all that portion of the island of Vanua Levu bounded by a line running from the north coast of Vanua Levu at the mouth of Sovani creek on the boundary between Vunicibicibi and Navuavua freeholds south easterly for a distance of approximately 22 miles to Nodrauqiqiyaganasausauwaki earthmound.

Thence north easterly for a distance of approximately 130 miles to the sea coast at Udu Point at the north eastern extremity of Vanua Levu.

Thence by the sea coast in a general south westerly direction to the point of commencement.

Together with the small islands adjacent thereto and the islands of Macuata-i-wai, Kia, Mali, Kavewa, Druadrua, Gevo, Namukalau, Cikobia and Tiligica and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in red on Plan P.P.16 deposited in the office of the Director of Lands.

(a) THE TIKINA OF CIKOBIA

The tikina of Cikobia shall comprise the island of Cikobia and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in brown on Plan P.P.16 deposited in the office of the Director of Lands.

(b) THE TIKINA OF DOGOTUKI

The tikina of Dogotuki shall comprise that portion of the province of Macuata bounded by a line running from the sea coast at Udu Point, the north eastern tip of Vanua Levu, south westerly for a distance of approximately 28 miles to Koroilaya or Uluilae Trigonometrical Station.

Thence easterly and northerly for a distance of approximately 22 miles to the mouth of the Nubu River in Malaqeo Bay on the sea coast.

Thence along the sea coast generally north easterly to the point of commencement excluding Labasa Portion No. 1.

Together with the small islands adjacent thereto and the islands of Bekana, Druadrua, Gevo, Namukalau, Qaracikobia, Tiligica and Yanuca and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in orange on Plan P. P.16 deposited in the office of the Director of Lands.

(c) THE TIKINA OF LABASA

The tikina of Labasa shall comprise the following portions of the province of Macuata:-

(1) Portion No. 1

The portion of the island of Vanua Levu bounded by a line running from the sea coast in Malaqeo Bay at Savugodroti earthmound southerly and south easterly for a distance of approximately 2 miles to Nairi.

Thence northerly and north westerly for a distance of approximately 2 miles to the sea coast of Kelikeli.

Thence along the sea coast southerly and north westerly to the point of commencement.

(2) Portion No. 2

That portion of the island of Vanua Levu bounded by a line running from the sea coast in Malaqeo Bay at the mouth of Nubu River south easterly and south westerly for a distance of approximately 22 miles to the confluence of the Nadogo River with Waibata creek.

Thence south easterly for a distance of approximately 41 miles to Delainarairai.

Thence northerly for a distance of approximately 13 miles to the mouth of the Tabia River on the sea coast.

Thence along the sea coast northerly and north easterly to the point of commencement, excluding Macuata Portion No. 1.

Together with the small islands adjacent thereto and the islands of Katuwaqa, Kavewa, Nukuvadra, Tivi and Tutu and the small islands adjacent thereto.

Both such portions being more particularly delineated and edged in mauve on Plan P.P.16 deposited in the office of the Director of Lands.

(d) THE TIKINA OF MACUATA

The tikina of Macuata shall comprise the following portions of the province of Macuata:-

(1) Portion No. 1

That portion of the island of Vanua Levu bounded by a line running from Gusuilau earthmound at the mouth of Lau creek on the sea coast in Lau Bay southerly for a distance of approximately 2 miles to Nakavuta.

Thence northerly for a distance of approximately 3 miles to Vuniborete earthmound.

Thence westerly and southerly for a distance of approximately 2 miles to the point of commencement.

Together with the small islands adjacent thereto and the islands of Mali and Vorovoro and the small islands adjacent thereto.

(2) Portion No. 2

That portion of the island of Vanua Levu bounded by a line running from Eba earthmound on Rubeyaganirubu creek south easterly for a distance of approximately 5 miles to Naqoroqoro.

Thence westerly for a distance of approximately 1 mile to Vaturadua earthmound.

Thence north westerly for a distance of approximately 5 miles to the confluence of Navuso creek with Nagadai creek.

Thence northerly and easterly for a distance of approximately 6 miles to the point of commencement.

(3) Portion No. 3

That portion of the island of Vanua Levu bounded by a line running from the sea coast in Naduri Bay at Sawainimaqa earthmound, the westernmost corner of Nabala freehold, south easterly for a distance of approximately 48 miles to Nodrauqiqiyaganasausauwaki earthmound.

Thence north easterly for a distance of approximately 22 miles to the mouth of the Sovani creek on the boundary between Vunicibicibi freehold and Navoavoa freehold on the sea coast.

Thence along the sea coast north easterly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Nadogo, Vatuki, Nukuci, Kia, Mavuva, Macuata-i-wai and Nukubati and the small islands adjacent thereto.

All such portions being more particularly delineated and edged in yellow on Plan P.P.16 deposited in the office of the Director of Lands.

(e) THE TIKINA OF SASA

The tikina of Sasa shall comprise that portion of the province of Macuata bounded by a line running from the sea coast at the mouth of Tabia River southerly for a distance of approximately 13 miles to Delainarairai.

Thence westerly and southerly for a distance of approximately 7 miles to Naocovakalolo No. 1 earthmound.

Thence westerly for a distance of approximately 8 miles to Taqanavocoa No. 1.

Thence northerly for a distance of approximately 28 miles to the sea coast at Sawanimaqa on Naduri Bay.

Thence along the sea coast north easterly and easterly to the point of commencement excluding Macuata Portion No. 2.

Together with the small islands adjacent thereto and the islands of Cakari, Malavi and Nukunuku.

The whole of such area being more particularly delineated and edged in green on Plan P.P.16 deposited in the office of the Director of Lands.

8. PROVINCE OF NADROGA AND NAVOSA

The province of Nadroga and Navosa shall comprise all that portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at Qalimaca Point northerly for a distance of approximately 23 miles to Vatunilevaleva Trigonometrical Station.

Thence easterly for a distance of approximately 12 miles to Vugadrodrolevu Trigonometrical Station.

Thence northerly for a distance of approximately 16 miles to Rairaikitasai.

Thence northerly for a distance of approximately 36 miles to Navunitorilau.

Thence westerly for a distance of approximately 58 miles to Korodranidole No. 2 earthmound.

Thence southerly for a distance of approximately 12 miles to Korouluvatu Trigonometrical Station.

Thence westerly and north westerly for a distance of approximately 22 miles to the west coast of Viti Levu.

Thence by the sea coast first southerly and then easterly to the point of commencement.

Together with the small islands adjacent thereto and the island of Vatulele and the Mamanuca and Malolo groups of islands including Eori, Malolo, Namotu, Navadra, Qalito, Tavarua and Tavua and the small islands adjacent thereto.

The whole of .ach area being more particularly delineated and edged in red on Plan P.P.7 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BARAVI

The tikina of Baravi shall comprise that portion of the province of Nadroga and Navosa bounded by a line running from Qalimaca Point on the sea coast about 1 mile west of Navutulevu village northerly for a distance of approximately 16 miles to Tuvutau (Mt. Gordon) Trigonometrical Station.

Thence westerly for a distance of approximately 16 miles to Navuwai earthmound.

Thence southerly for a distance of approximately 11 miles to Vatuwaqa (rock) on the sea coast in Korotogo Bay.

Thence following the sea coast generally easterly to the point of commencement.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.7 deposited in the office of the Director of Lands.

(b) THE TIKINA OF CUVU

The tikina of Cuvu shall comprise the following portions of the province of Nadroga and Navosa:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from the sea coast at the most westerly corner of Drekeniwai freehold and the most southerly corner of Navadugu freehold west of Cuvu Harbour northerly for a distance of approximately 12 miles to Tavunavaka earthmound.

Thence easterly for a distance of approximately 6 miles to Nabale earthmound.

Thence southerly for a distance of approximately 12 miles to the sea coast at the mouth of Yalasuna creek.

Thence following the sea north westerly to the point of commencement.

Together with the islands of Kaba and Yanuca.

(2) Portion No. 2

That portion of the island of Viti Levu bounded by a line running from Yarolevu earthmound westerly for a distance of approximately 2 miles to Nawau earthmound.

Thence northerly for a distance of approximately 2 miles to Koroyaka Trigonometrical Station.

Thence easterly for a distance of approximately 1 mile to Kalidruwe earthmound.

Thence southerly for approximately 2 miles to the point of commencement.

Both such portions being more particularly delineated and edged in blue on Plan P.P.7 deposited in the office of the Director of Lands.

(c) THE TIKINA OF MALOLO

The tikina of Malolo shall comprise the islands of Malolo, Malololailai, Mana, Namotu, Navini, Qalito, Tavua, Tokoriki and Yavuriba and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in mauve on Plan P.P.7 deposited in the office of the Director of Lands.

(d) THE TIKINA OF MALOMALO

The tikina of Malomalo shall comprise that portion of the province of Nadroga and Navosa bounded by a line running from the sea coast at the most westerly corner of Drekeniwai freehold and the most southerly corner of Navadugu freehold west of Cuvu Harbour northerly for a distance of approximately 44 miles to the north western corner of Nacobi freehold on the sea coast.

Thence following the sea coast generally south westerly.

Thence south easterly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Likuri, Navo and Tavarua.

The whole of such area being more particularly delineated and edged in orange on Plan P.P.7 deposited in the office of the Director of Lands.

(e) THE TIKINA OF NASIGATOKA

The tikina of Nasigatoka shall comprise that portion of the province of Nadroga and Navosa bounded by a line running from Vatuwaqa (rock).

Thence northerly for approximately 26 miles to Nasita earthmound.

Thence westerly for approximately 22 miles to Vatuisara (rock).

Thence southerly for approximately 24 miles to the sea coast at the mouth of Yalasuna creek.

Thence along the sea coast easterly to the point of commencement.

The whole of such area being more particularly delineated and edged in carmine on Plan P.P.7 deposited in the office of the Director of Lands.

(f) THE TIKINA OF NAVOSA

The tikina of Navosa shall comprise the following portions of the province of Nadroga and Navosa:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from Vugadrodrolevu Trigonometrical Station northerly for a distance of approximately 50 miles to Navunitorilau earthmound.

Thence westerly for a distance of approximately 58 miles to Korodranidole No. 2 earthmound.

Thence southerly for a distance of approximately 12 miles to Nadevo earthmound.

Thence easterly for a distance of approximately 38 miles to the point of commencement.

(2) Portion No. 2

That portion of the island of Viti Levu contained in tikina Tavua boundary bounded by a line running from the mouth of the Nakaruku creek at its junction with the right bank of the Sigatoka River and following the Nakaruku creek upstream to Nawaica.

Thence north easterly to Matakodaka on the right bank of the Sigatoka River.

Thence following the Sigatoka River downstream to the point of commencement.

Both such portions being more particularly delineated and edged in brown on Plan P.P.7 deposited in the office of the Director of Lands.

(g) THE TIKINA OF RUWAILEVU

The tikina of Ruwailevu shall comprise that portion of the province of Nadroga and Navosa bounded by a line running from Koroinadoko Trigonometrical Station southerly for a distance of approximately 7 miles to Vunalolorua earthmound.

Thence westerly and south westerly for a distance of approximately 27 miles to Navuwai earthmound.

Thence northerly for approximately 15 miles to Nasita earthmound.

Thence easterly for approximately 27 miles to the point of commencement.

The whole of such portion being more particularly delineated and edged in sepia on Plan P.P.7 deposited in the office of the Director of Lands.

(h) THE TIKINA OF VATULELE

The tikina of Vatulele shall comprise the island of Vatulele and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in green on Plan P.P.7 deposited in the office of the Director of Lands.

9. PROVINCE OF NAITASIRI

The province of Naitasiri shall comprise all that portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at the mouth of the Samabula River on the north side of Laucala Bay north westerly for a distance of approximately 46 miles to Rairaikitasai earthmound.

Thence northerly for a distance of approximately 46 miles to Viakovi earthmound.

Thence south easterly for a distance of approximately 68 miles to the mouth of Wainasi creek on the left bank of the Rewa River.

Thence southerly for a distance of approximately 11 miles to the mouth of the Nasinu River on the sea coast.

Thence by the sea coast south westerly following the north side of Laucala Bay to the point of commencement.

The whole of such area being more particularly delineated and edged in red on Plan P.P.8 deposited in the office of the Director of Lands.

(a) THE TIKINA OF LOMAIVUNA

The tikina of Lomaivuna shall comprise that portion of the province of Naitasiri bounded by a line running from Delaidakua 1 earthmound south westerly for a distance of approximately 6 miles to the mouth of Naividiligo creek on Savu creek.

Thence north westerly for a distance of approximately 17 miles to Dranovatu on the right bank of the Wainimala River.

Thence following the Wainimala River downstream to its junction with the Rewa River.

Thence easterly and southerly for a distance of approximately 13 miles to the point of commencement.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.8 deposited in the office of the Director of Lands.

(b) THE TIKINA OF MATAILOBAU

The tikina of Matailobau shall comprise that portion of the province of Naitasiri bounded by a line running from the mouth of Waikokodra creek at the foot of the Monasavu Falls.

Thence northerly and easterly for a distance of approximately 14 miles to Naivavau Trigonometrical Station.

Thence easterly and south easterly for a distance of approximately 28 miles to Nakoroniulevu Trigonometrical Station.

Thence south westerly and westerly for a distance of approximately 36 miles to the point of commencement.

The whole of such area being more particularly delineated and edged in orange on Plan P.P.8 deposited in the office of the Director of Lands.

(c) THE TIKINA OF NAITASIRI

The tikina of Naitasiri shall comprise that portion of the province of Naitasiri bounded by a line running from the mouth of the Samabula River at the sea coast on the north western side of Laucala Bay running north westerly for a distance of approximately 11 miles to Wailosilosi on the Waimanu River.

Thence north easterly for a distance of approximately 10 miles to Delaidakau No. 1 earthmound.

Thence southeasterly for a distance of approximately 8 miles to Delaiwaivule earthmound.

Thence southerly for a distance of approximately 13 miles to the mouth of the Nasinu River on the sea coast.

Thence following the sea coast south westerly to the point of commencement.

The whole of such area being more particularly delineated and edged in green on Plan P.P.8 deposited in the office of the Director of Lands.

(d) THE TIKINA OF WAIMARO

The tikina of Waimaro shall comprise that portion of the province of Naitasiri bounded by a line running from Naitaradamu Trigonometrical Station south easterly for a distance of approximately 17 miles to the junction of Waiturua creek with the Waimanu River.

Thence following the Waimanu River downstream to the mouth of Wailosilosi creek.

Thence northerly for a distance of approximately 20 miles to Dranovatu on the right bank of the Wainimala River.

Thence westerly for a distance of approximately 20 miles to the point of commencement.

The whole of such area being more particularly delineated and edged in brown on Plan P.P.8 deposited in the office of the Director of Lands.

(e) THE TIKINA OF WAINIMALA

The tikina of Wainimala shall comprise the following portions of the province of Naitasiri:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from Tukivatukorokosiga earthmound westerly and southerly for a distance of approximately 14 miles to Naitaradamu Trigonometrical Station.

Thence westerly for a distance of approximately 6 miles to Rairaikitasai earthmound.

Thence northerly for a distance of approximately 14 miles to the head of the Monasavu Falls.

Thence easterly for a distance of approximately 22 miles to the mouth of Waiveicabeti creek on the Waimanu River near Saumakia village.

Thence southerly for a distance of approximately 8 miles from the point of commencement.

(2) Portion No. 2

That portion of the island of Viti Levu bounded by a line running from Tokaravutia Trigonometrical Station north for a distance of approximately 16 miles to Viakavi earthmound.

Thence south easterly for a distance of approximately 4 miles to Sivonakuala earthmound.

Thence southerly and south westerly for a distance of approximately 16 miles to the point of commencement.

Both such portions being more particularly delineated and edged in mauve on Plan P.P.8 deposited in the office of the Director of Lands.

10. PROVINCE OF NAMOSI

The province of Namosi shall comprise all the following portions of the island of Viti Levu:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at Naivakacau being the southernmost point of Naboro freehold north westerly for a distance of approximately 28 miles to Rairaikitasai earthmound.

Thence westerly and southerly and westerly for a distance of approximately 21 miles to Tikituru Trigonometrical Station.

Thence south easterly for a distance of approximately 39 miles to the mouth of the Togoru River on the south coast.

Thence by the sea coast in a general north easterly direction to the point of commencement.

Together with the small islands adjacent thereto and the islands of Naqara and Rukunivutu.

(2) Portion No. 2

That portion of the island of Viti Levu bounded by a line running from the left bank of the Navua River at its confluence with Namakadre creek northerly for a distance of approximately 1 mile to Wainivigasau earthmound.

Thence westerly for a distance of approximately 1/2 a mile to the confluence of Wainivigasau creek with the Navua River.

Thence along the Navua River downstream to the point of commencement.

Both such areas being more particularly delineated and edged in red on Plan P.P.9 deposited in the office of the Director of Lands.

(a) THE TIKINA OF NAMOSI

The tikina of Namosi shall comprise that portion of the province of Namosi bounded by a line running from Navukawaqa on the Waimanu River westerly for a distance of approximately 11 miles to the mouth of Wainividrai creek on Wainikovu creek.

Thence northerly for a distance of approximately 13 miles to Qelekalia earthmound.

Thence south easterly for a distance of approximately 13 miles to the junction of Waiturua creek with the Waimanu River.

Thence following the Waimanu River upstream to Navukawaqa, the point of commencement.

The whole of such are being more particularly delineated and edged in yellow on Plan P.P.9 deposited in the office of the Director of Lands.

(b) THE TIKINA OF VEIVATULOA

The tikina of Veivatuloa shall comprise that portion of the province of Namosi bounded by a line running from Naivakacau on the sea coast at the south western corner of Naboro freehold northerly for a distance of approximately 5 miles to Navukawaqa on the Waimanu River.

Thence westerly for a distance of approximately 10 miles to the mouth of Wainiusaura Creek on Wainikovu creek.

Thence south easterly for a distance of approximately 17 miles to the mouth of the Togoru River on the sea coast.

Thence following the sea coast generally north easterly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Naqara, Rukunivutu and Vunisoco.

The whole of such area being more particularly delineated and edged in orange on Plan P.P.9 deposited in the office of the Director of Lands.

(c) THE TIKINA OF WAINIKOROILUVA

The tikina of Wainikoroiluva shall comprise the following portions of the province of Namosi:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from the mouth of Wainividrai creek on Wainikovu creek northerly for a distance of approximately 15 miles to Naitaradamu Trigonometrical Station.

Thence westerly for a distance of approximately 6 miles to Rairaikitasai earthmound.

Thence southerly and westerly for a distance of approximately 20 miles to Tikituru Trigonometrical Station.

Thence south easterly for a distance of approximately 8 miles to Vunibituvua earthmound.

Thence easterly for a distance of approximately 14 miles to the point of commencement.

(2) Portion No. 2

That portion of the island of Viti Levu contained in Tikina Serua Portion No. 3 bounded by a line running from the left bank of the Navua River at its confluence with Manakadre creek northerly for a distance of approximately 1 mile to Wainivigasau earthmound.

Thence westerly for a distance of approximately 1/2 a mile to the confluence of Wainivigasau creek with the Navua River.

Thence along the Navua River downstream to the point of commencement.

The whole of such area being more particularly delineated and edged in green on Plan P.P.9 deposited in the office of the Director of Lands.

11. PROVINCE OF RA

The province of Ra shall comprise all that portion of the island of Viti Levu bounded by a line running from the north coast of Viti Levu at the westernmost corner of Nakauvuli freehold on the south side of Tavua Bay south easterly for a distance of approximately 33 miles to Naivavau Trigonometrical Station.

Thence easterly for a distance of approximately 27 miles to Navatuniveiyala earthmound.

Thence northerly for a distance of approximately 9 miles to the mouth of the Doloulu creek at the north western corner of Tanavuso freehold on the north east coast.

Thence by the sea coast firstly north westerly then south westerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Macuata, Malake, Nananuira, Nananuicake, Tovu, Vatuira and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in red on Plan P.P.10 deposited in the office of the Director of Lands.

(a) THE TIKINA OF NAKOROTUBU

The tikina of Nakorotubu shall comprise that portion of the province of Ra bounded by a line running from the sea coast at the westernmost corner of Tanavuso freehold southerly for a distance of approximately 9 miles to Navatuniveiyala earthmound.

Thence north westerly for a distance of approximately 14 miles to the confluence of the Wainibuka River with Nautovoti creek.

Thence northerly and south easterly along the sea coast to the point of commencement.

Together with the small islands adjacent thereto and the islands of Tadruku and Vatuira.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.10 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NALAWA

The tikina of Nalawa shall comprise that portion of the province of Ra bounded by a line running from the sea coast in Viti Levu Bay at Volivoli about 1/2 a mile easterly from Barotu village south westerly for a distance of approximately 14 miles to Navobo earthmound on the left bank of the Lawaki River.

Thence westerly for a distance of approximately 7 miles to Sivonakuala earthmound on the Lawaka-Wainimala watershed.

Thence south easterly for a distance of approximately 8 miles to Naivavau Trigonometrical Station.

Thence easterly for a distance of approximately 12 miles to the confluence of Kavikamalimali creek with the Wainibuka River.

Thence northerly for a distance of approximately 16 miles to high water mark at the head of Viti Levu Bay.

Thence northerly along high water mark to the point of commencement.

The whole of such area being more particularly delineated and edged in orange on Plan P. P.10 deposited in the office of the Director of Lands.

(c) THE TIKINA OF RAKIRAKI

The tikina of Rakiraki shall comprise that portion of the province of Ra bounded by a line running from the westernmost corner of Nakauvuli freehold on the sea coast of Tavua Bay south easterly for a distance of approximately 14 miles to Mocekoroqou earthmound.

Thence northerly for a distance of approximately 16 miles to Suvasuvatuidamu Trigonometrical Station.

Thence easterly for a distance of approximately 21 miles to Namokowai at Ucuivatula Point on the sea coast in Viti Levu Bay.

Thence along the sea coast north westerly, south westerly and westerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Cubu, Macuata, Malake, Malolo, Nabua, Nananuicake, Nananuira, Tovu, Tovulailai, Yadre and Yanuca and the small islands adjacent thereto.

The whole of such are being more particularly delineated and edged in green on Plan P.P.10 deposited in the office of the Director of Lands.

(d) THE TIKINA OF SAIVOU

The tikina of Saivou shall comprise that portion of the province of Ra bounded by a line running from the sea coast in Viti Levu Bay at Volivoli about ½ a mile easterly from Barotu village south easterly for a distance of approximately 14 miles to Navono on the left bank of the Lawaki River.

Thence westerly and north westerly for a distance of approximately 13 miles to Mocekoroquo earthmound.

Thence northerly for a distance of approximately 16 miles to Suvasuvatuidamu Trigonometrical Station.

Thence easterly for a distance of approximately 21 miles to Namokowai at Ucuivatula Point on the sea coast in Viti Levu Bay.

Thence along the shores of Viti Levu Bay south westerly and southerly to the point of commencement.

The whole of such area being more particularly delineated and edged in brown on Plan P.P.10 deposited in the office of the Director of Lands.

12. PROVINCE OF REWA

The province of Rewa shall comprise all the following portions of the island of Viti Levu:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at the mouth of the Samabula River on the north side of Laucala Bay north westerly for a distance of approximately 11 miles to Wailosilosi on the right bank of the Waimanu River.

Thence following the Waimanu River upstream to Navukawaqa.

Thence south easterly for a distance of approximately 5 miles to Naivakacau earthmound on the sea coast.

Thence by the sea coast in a general easterly direction to the point of commencement.

Together with the small islands adjacent thereto and the island of Beqa.

(2) Portion No. 2

That portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at the mouth of the Nasinu River on the north side of Laucala Bay northerly for a distance of approximately 5 miles to the mouth of Baleitoga creek upstream on the right bank of the Rewa River.

Thence following the Rewa River downstream to Burebasaga creek on its left bank.

Thence by Burebasaga creek to Nakaile.

Thence easterly for a distance of approximately 5 miles to Naiselini earthmound on the sea coast.

Thence by the sea coast first south westerly and then north westerly to the point of commencement, excluding Portion No. 2 Nakelo Tikina.

Together with the small islands adjacent thereto and the islands of Nasoata and Laucala and the islands adjacent thereto.

Both such areas being more particularly delineated and edged in red on Plan P.P.11 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BEQA

The tikina of Beqa shall comprise the island of Beqa and the small islands adjacent thereto, and the island of Nanuku.

The whole of such area being more particularly delineated and edged in orange on Plan P.P.11 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NOCO

The tikina of Noco shall comprise that portion of the province of Rewa bounded by a line running from Nakaile on the left bank of Burebasaga or Naqio creek at the south east edge of Nakaile village easterly for a distance of approximately 6 miles to Naisalini 1 at the edge of tiri at high water mark.

Thence south westerly to the mouth of the Nasoata River, excluding Sagasaga island (Tikina Rewa).

Thence northerly for a distance of approximately 4 miles to the point of commencement, excluding Portion No. 2 Tikina Nakelo.

Together with the islands of Noco and Valolo.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.11 deposited in the office of the Director of Lands.

(c) THE TIKINA OF REWA

The tikina of Rewa shall comprise that portion of the province of Rewa bounded by a line running from the mouth of the Nasinu River at the sea coast on the northern side of Laucala Bay northerly for a distance of approximately 5 miles to the mouth of Baleitoga creek upstream on the right bank of the Rewa River.

Thence following the Rewa River downstream to Burebasaga creek on its left bank.

Thence by Burebasaga creek to Naqio.

Thence southerly for a distance of approximately 4 miles to the mouth of the Nasala or Nasoata River at the sea coast.

Thence following the sea coast southerly, westerly and northerly, to the point of commencement.

Together with the small islands adjacent thereto and the islands of Makuluva, Nasoata, Nukulau, Sagasaga and Taituraga.

The whole of such area being more particularly delineated and edged in orange on Plan P.P.11 deposited in the office of the Director of Lands.

(d) THE TIKINA OF SUVA

The tikina of Suva shall comprise that portion of the province of Rewa bounded by a line running from the south coast to Viti Levu at the mouth of the Samabula River on the north side of Laucala Bay north westerly for a distance of approximately 11 miles to Wailosilosi on the right bank of the Waimanu River.

Thence following the Waimanu River upstream to Navukawaqa.

Thence south easterly for a distance of approximately 5 miles to Naivakacau on the sea coast.

Thence by the sea coast in a general easterly direction to the point of commencement.

Together with the small islands adjacent thereto and the island of Namuka.

The whole of such area being more particularly delineated and edged in green on Plan P.P.11 deposited in the office of the Director of Lands.

13. PROVINCE OF SERUA

The province of Serua shall comprise all that portion of the island of Viti Levu bounded by a line running from the south coast of Viti Levu at Qalimaca Point 1 mile west from Navutulevu village northerly for a distance of approximately 23 miles to Vatunilevaleva Trigonometrical Station.

Thence easterly for a distance of approximately 7 miles to Tikituru Trigonometrical Station.

Thence south easterly for a distance of approximately 37 miles to the mouth of the Togoru River on the south coast of Viti Levu.

Thence by the sea coast in a general westerly direction to the point of commencement, excluding Portion No. 2 Wainikoroiluva Tikina.

Together with the small islands adjacent thereto and the islands of Serua, Yanuca, Ugaga and Cakaunisici (Bird Island).

The whole of such area being more particularly delineated and edged in mauve on Plan P.P.12 deposited in the office of the Director of Lands.

(a) THE TIKINA OF NUKU

The tikina of Nuku shall comprise that portion of the province of Serua bounded by a line running from the south-west corner of the Wainikaroko freehold on the sea coast in Yarawa Bay northerly for a direction of approximately 5 miles to Korokayiu or Naoabekualevu Trigonometrical Station.

Thence westerly for a distance of approximately 7 miles to Lokalevu Trigonometrical Station.

Thence north easterly for a distance of approximately 4 miles to Natidrovia on the right bank of the Navua River.

Thence easterly for a distance of approximately 15 miles to Naqarakowaisea earthmound on Wainasavu creek.

Thence southerly for a distance of approximately 13 miles to the sea coast in Rovodrau Bay.

Thence along the sea coast generally westerly to the point of commencement, excluding Tikina Serua Portion No. 2.

Together with the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.12 in the office of the Director of Lands.

(b) THE TIKINA OF SERUA

The tikina of Serua shall comprise the following portions of the province of Serua:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from Qalimaca Point on the sea coast about 1 mile west of Navutulevu village northerly for a distance of approximately 4 miles to Lokalevu Trigonometrical Station.

Thence westerly for a distance of approximately 6 miles to Korokayiu (Naoabekualevu) Trigonometrical Station.

Thence southerly for a distance of approximately 5 miles to the sea coast in Yarawa Bay.

Thence following the sea coast generally westerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Cakaunisici (Bird Island), Serua, Ugaga and Yanuca.

(2) Portion No. 2

That portion of the island of Viti Levu bounded by a line running from Matanigasau on the sea coast on the eastern side of Korovou Bay north easterly to the right bank of Waivunu creek.

Thence southerly to the mouth of Wainiveilekutu creek on the sea coast.

Thence along the sea coast south westerly and northerly to the point of commencement.

Together with the small islands adjacent thereto.

(3) Portion No. 3

That portion of the island of Viti Levu bounded by a line running from the mouth of Qaraniqio creek in Rovodrau Bay northerly for a distance of approximately 15 miles to Naqarakowaisea earthmound.

Thence south easterly for a distance of approximately 10 miles to the confluence of Wainikovu creek with Wainiusaura creek.

Thence southerly for a distance of approximately 6 miles to Wainavadra on the left bank of the Navua River.

Thence north easterly and south easterly for a distance of approximately 10 miles to the mouth of the Togoru River on the south coast of Viti Levu.

Thence by the sea coast in a general westerly direction to the point of commencement, excluding Portion No. 2 Tikina Wainikoroiluva.

Together with the small islands adjacent thereto.

(4) Portion No. 4

That portion of the island of Viti Levu bounded by a line running from Natidrovia on the right bank of the Navua River upstream to its confluence with Nubuonaboto creek.

Thence northerly for a distance of approximately 11 miles to Vunaovatu.

Thence easterly for a distance of approximately 6 miles to Tikituru Trigonometrical Station.

Thence south easterly for a distance approximately 10 miles to the right bank of the Navua River.

Thence upstream along the Navua River to the point of commencement.

The whole of such portions being more particularly delineated and edged in mauve on Plan P.P.12 deposited in the office of the Director of Lands.

14. THE PROVINCE OF TAILEVU

The province of Tailevu shall comprise all the following portions of the island of Viti Levu:-

Portion No. 1

That portion of the island of Viti Levu bounded by a line running from the north east coast of Viti Levu at the north western corner of Tanavasu freehold southerly for a distance of approximately 9 miles to Navatuniveiyala earthmound.

Thence westerly for a distance of approximately 15 miles to the mouth of Kavikamailimali creek on the right bank of the Wainibuka River.

Thence south easterly for a distance of approximately 60 miles to Naiselini on the sea coast.

Thence by the sea coast first northerly and then north westerly to the point of commencement.

Together with the small islands adjacent thereto and the islands of Bau, Caqalai, Leleuvia, Mabualau, Naigani, Nukuleva, Qata, Qoma, Toberua, Vatuicake, Vatulami and Viwa and the small islands adjacent thereto.

Portion No. 2

That portion of the island of Viti Levu bounded by a line running from Marakitirokomaba south easterly for a distance of approximately 1/2 a mile to Nasasa No. 1 earthmound on the southern ridge of Suva Viti (Suvalailai) village.

Thence south westerly for a distance of approximately 1/2 a mile.

Thence north westerly for a distance of approximately 1/2 a mile to the point of commencement.

Both such areas being more particularly delineated and edged in red on Plan P.P.13 deposited in the office of the Director of Lands.

(a) THE TIKINA OF BAU

The tikina of Bau shall comprise the following portions of the province of Tailevu:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from Matanibure on the left bank of the Rewa River at the south western corner of Vucimaca freehold easterly for a distance of approximately 6 miles to the mouth of the Dravo or Waidamu River at the sea coast.

Thence following the sea coast generally north westerly to Qilaqila at the mouth of Qilaqila creek.

Thence south westerly for a distance of approximately 6 miles to the junction of Wainawa creek with the Rewa River on its left bank.

Thence following the Rewa River downstream to the point of commencement. Together with the small islands adjacent thereto and the islands of Bau, Caqalai, Drala, Leleuvia, Mabualau, Nakalawaca, Telau, Toberua and Viwa and the small islands adjacent thereto.

(2) Portion No. 2

That portion of the island of Viti Levu bounded by a line running from Matameirabala earthmound on the sea coast and on the northern boundary of Navuloa freehold northerly for a distance of approximately 1 mile to Vukava earthmound on the sea coast.

Thence following the sea coast north easterly, easterly and south westerly to Matameirabala earthmound to the point of commencement.

Together with the small islands adjacent thereto.

(3) Portion No. 3

That portion of the island of Viti Levu bounded by a line running from Nageseya earthmound on the sea coast in Vunivatu Bay south westerly and north westerly for a distance of approximately 2 miles to a point on the Nasilai River south of the Nukutaiva creek.

Thence north easterly to the mouth of the Kiuva creek on the sea coast.

Thence following the sea coast southerly and southwesterly along Vunivatu Bay to the point of commencement.

Together with the islands adjacent thereto.

The whole of such portions being more particularly delineated and edged in mauve on Plan P.P.13 deposited in the office of the Director of Lands.

(b) THE TIKINA OF NAKELO

The tikina of Nakelo shall comprise the following portions of the province of Tailevu:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from Matanibure at the south western corner of Vunimaca freehold on the left bank of the Rewa River easterly for a distance of approximately 6 miles to the mouth of the Dravo or Waidamu River at the sea coast.

Thence crossing the Navuloa River entrance easterly to Vukava.

Thence southerly for a distance of approximately 1 mile to Matameirabala earthmound on the sea coast.

Thence following the boundary of Nuvuloa freehold generally southerly to the mouth of Kiuva creek.

Thence south easterly for a distance of approximately 3 miles to the Nasilai River.

Thence following the Nasilai River downstream to the mouth of Nailagovesi creek.

Thence north easterly for a distance of approximately 1 mile to Nageseya on the sea coast in Vunivatu Bay.

Thence following the sea coast generally south easterly to Naisalini 1.

Thence easterly for a distance of approximately 6 miles to Nakaile on the left bank of Burebasaga or Naqio creek at the south eastern edge of Nakaile village.

Thence following Burebasaga creek upstream to its northern mouth on the Rewa River.

Thence following the Rewa River upstream to Matanibure, the point of commencement.

Together with the small islands adjacent thereto.

(2) Portion No. 2

That portion of the island of Viti Levu bounded by a line running from Marakitirokomaba south easterly for a distance of approximately 1/2 a mile to Nasasa No. 1 earthmound on the southern edge of Suva Viti (Suvalailai) village. Thence south westerly for a distance of approximately 1/2 a mile.

Thence north westerly for a distance of approximately 1/2 a mile to the point of commencement.

The whole of such portions being more particularly delineated and edged in orange on Plan P.P.13 deposited in the office of the Director of Lands.

(c) THE TIKINA OF SAWAKASA

The tikina of Sawakasa shall comprise that portion of the province of Tailevu bounded by a line running from the sea coast at the westernmost corner of Tanavuso freehold southerly for a distance of approximately 22 miles to the junction of Naitevutevuniibe creek with Waica creek at Naitevutevuniibe earthmound.

Thence easterly for a distance of approximately 7 miles to the mouth of Toga creek on the sea coast.

Thence following the sea coast northerly and north westerly to the point of commencement, excluding Portion No. 2, Tikina Wainibuka.

Together with the small islands adjacent thereto and the islands of Naigani, Nukulevu, Omini, Qata, Qomalevu and Vatuicake, and the small islands adjacent thereto.

The whole of such area being more particularly delineated and edged in yellow on Plan P.P.13 deposited in the office of the Director of Lands.

(d) THE TIKINA OF VERATA

The tikina of Verata shall comprise that portion of the province of Tailevu bounded by a line running from the mouth of Toga creek on the sea coast easterly for a distance of approximately 20 miles to the junction of Wainimolau creek with the left bank of the Wainimala River.

Thence south easterly for a distance of approximately 18 miles to Delaiwaivule.

Thence south easterly and north easterly for a distance of approximately 5 miles to the mouth of Naqilaqila creek at Qilaqila on the sea coast.

Thence following the sea coast generally northerly to the mouth of Toga Creek, to the point of commencement.

Together with the small islands adjacent thereto and the islands of Tawainave and Vatulami.

The whole of such portions being more particularly delineated and edged in green on Plan P. P.13 deposited in the office of the Director of Lands.

(e) THE TIKINA OF WAINIBUKA

The tikina of Wainibuka shall comprise the following portions of the province of Tailevu:-

(1) Portion No. 1

That portion of the island of Viti Levu bounded by a line running from a rock on a ridge about 31/2 chains southerly from Navatuniveiyala.

Thence southerly for a distance of approximately 12 miles to the junction of Naitevutevuniibe creek with Waica creek at Naitevutevuniibe.

Thence westerly for a distance of approximately 16 miles to the source of Waidaurewa creek.

Thence northerly for a distance of approximately 10 miles to the junction of Kavikamalimali creek with the right bank of the Wainibuka River.

Thence easterly for a distance of approximately 14 miles to the point of commencement.

(2) Portion No. 2

That portion of the island of Viti Levu commencing at Waimako on the right bank of the Wainivesi River about 50 chains south easterly from Naivicula village westerly and north westerly for a distance of approximately 4 miles to Nakoba.

Thence South easterly for a distance of 3 miles to Gusuiwaidrou on the right bank of the Wainivesi River.

Thence downstream along the Wainivesi River, passing Naivicula village, to the point of commencement.

The whole of such portions being delineated and edged in brown on Plan P.P. 13 deposited in the office of the Director of Lands.

______

SECTION 6 - FIJIAN AFFAIRS (COURTS) REGULATIONS

TABLE OF PROVISIONS

PART I - PRELIMINARY

REGULATION

1. Short title

PART II - JURISDICTION AND POWERS

2. Jurisdiction-Fijian courts
3. Power of court to enforce order
4. Default of compliance with order of court
5. Jurisdiction, criminal and civil, of Tikina Court and of Provincial Court
6. Limit of jurisdiction

PART III - PRACTICE AND PROCEDURE

Division 1 - General

7. Language of courts
8. Employment of legal practitioners

Division 2 - Criminal Proceedings

9. When court may issue summons
10. How charge laid
11. To be one matter only at a time
12. Form of summons and service
13. Proof of service of summons
14. Service out of jurisdiction of court
15. Proof of service before court serving summons
16. Non-appearance of party summoned
17. When a warrant may issue in the first instance
18. Proceedings on arrest
19. Property believed stolen
20. Compelling attendance of witnesses
21. Charge to be laid within six months
22. When defendant does not appear
23. When complainant does not appear
24. Appearance of both parties, trial and adjudication
25. Adjournment
26. Payment of expenses or compensation out of fine
27. Corporal punishment
28. Punishment of females
29. Punishment of children
30. Where person already undergoing imprisonment
31. What warrant of commitment must contain
32. Signature of documents issued by Provincial Court
33. Power of court on conviction
34. Scale of imprisonment in default of payment of fine
35. Recognizances
36. Punishment for not obeying order
37. Enforcing recognizance
38. Recognizance to come up for judgment

Division 3 - Civil Proceedings

39. Commencement of action
40. Service of summons
41. Subpoena
42. Procedure at hearing of summons. Notes of evidence
43. Adjournment
44. Judgment
45. Default of appearance of plaintiff
46. Default of appearance of defendant
47. Allowance to witnesses
48. Mode of enforcing a judgment
49. Power of court to enforce order
50. Default in compliance with order of court other than payment of money

PART IV - MISCELLANEOUS

51. Fees of court. Criminal, civil
52. How fines, etc., dealt with
53. By whom proceedings may be taken
54. Costs
Schedule - Forms

_______

Regulations 17 September 1948, 10 November 1951, 8 October 1952, 22 November 1957, 22 November 1961

PART I - PRELIMINARY

Short title

1. These Regulations may be referred to as the Fijian Affairs (Courts) Regulations.

PART II - JURISDICTION AND POWERS

Jurisdiction - Fijian courts

2.-(1) Subject to the provisions of these Regulations, Provincial and Tikina Courts shall have jurisdiction-

(a) to try and to convict all persons charged with committing offences;

(b) to make orders for the payment of any sum of money by any regulation declared to be recoverable before a magistrate;

(c) to make orders for the doing or abstaining from doing any act prescribed to be done or not to be done by any regulation where the regulation prescribes no punishment for doing or not doing the act or provides that a court may make an order but does not prescribe that the order is to be enforced by a fine or imprisonment;

(d) to bind over persons to be of good behaviour;

(e) in any case in which the court is empowered to order the payment of a fine only, to enforce the payment by imprisonment as is in these Regulations provided;

(f) to exercise such other powers and to do such other acts not before mentioned as may be prescribed by regulations.

(2) In civil proceedings every magistrate shall have power to administer oaths and to take affidavits, solemn declarations and affirmations.
(Inserted by Regulations 22 November 1961.)

Power of court to enforce order

3. Where power is given to a court by these or any other Regulations relating to Fijian Affairs to require any person to do or abstain from doing any act or thing and no mode is prescribed for compelling the person to do so, the court may in whatsoever manner seems fit order the person to do or abstain from doing the act or thing.

Default of compliance with order of court

4.-(1) Unless otherwise provided in the regulation on which the order is based a person disobeying for a period of seven days, any order of a court may, upon application being made to the court and on proof of the disobedience, be ordered to pay a sum not exceeding 50 cents for every day during which he has disobeyed the order, or to be imprisoned until he consents to obey the order.

(2) No person shall, for disobeying any such order as is mentioned in regulation 3 and in paragraph (1), be liable to imprisonment for a period or periods amounting altogether to more than three months or to the payment of any sums exceeding in the aggregate $50.

Jurisdiction, criminal and civil, of Tikina Court

5.-(1) The Tikina Court shall have jurisdiction to try any charge, not being a charge by any regulation directed to be tried by a Provincial Court, where the prescribed punishment on conviction does not exceed, in the case of a fine, $20 and, in the case of imprisonment, a term of two months. (Amended by Regulations 10 November 1951.)

(2) The Tikina Court shall have jurisdiction to try actions where the parties thereto are Fijians and when the sum of money or the value of the property claimed does not exceed the sum of $20 and the defendant is resident within the jurisdiction of the court.

(3) The Tikina Court shall be an open court to Fijians only who shall have the right to attend in so far as the accommodation of the court building permits.

Of Provincial Court

(4) The Provincial Court shall have jurisdiction to try any charge where the prescribed punishment on conviction exceeds, in the case of a fine, $20 and, in the case of imprisonment, a term of two months.

(5) The Provincial Court shall have jurisdiction to try actions where the parties thereto are Fijians and where the sum of money or the value of the property claimed exceeds $20 but does not exceed $100 and the defendant is resident within the jurisdiction of the court.

(6) The Provincial Court shall have jurisdiction to try any matter where the punishment on conviction for disobedience of an order of court to do or abstain from doing a thing is imprisonment for a term exceeding two months.

(7) The room or place in which any Provincial Court sits shall be open to the public in so far as the accommodation of the court building permits.

Limit of jurisdiction

6. The jurisdiction of a Tikina or Provincial Court shall extend over the tikina or province in which it is situated and over any territorial waters adjacent to the tikina or province within which such court is situated, as well as over the inland waters whether within or adjacent to such tikina or province.

PART III - PRACTICE AND PROCEDURE

Division 1 - General

Language of courts

7. The language of Fijian courts shall be Fijian.

Employment of legal practitioners

8. Any person enrolled as a barrister and solicitor of the Supreme Court shall be entitled to practise in any Fijian Court. (Substituted by Regulations 22 November 1957.)

Division 2 - Criminal Proceedings

When court may issue summons

9. In all cases in which a charge is made before the court-

(a) that any person has committed or is suspected of having committed any offence within the jurisdiction of the court;

(b) that any person has or has not done any act for doing or not doing which he is liable to have an order made against him by the court for payment of any fine or for the doing or not doing of any act,

the court may issue a summons directed to that person.

How charge laid

10. The court may require the charge to be put in writing, when it shall be in Form 1 in the Schedule.
(Form 1)

To be one matter only at a time

11. Every charge shall be for one offence only, but it shall be lawful for the prosecutor to lay one or more charges against the same person at the same time. The court hearing the charges may, when it considers it necessary, deal with them either together or separately.

Form of summons and service

12. Every summons shall be in Form 2 in the Schedule and shall be served by a constable or, in his absence, by the person to whom the same may be delivered for service upon the person to whom it is directed by delivering it to him personally, or, if he cannot be conveniently found, by leaving it for him with some person at his last or most usual place of abode.
(Form 2)

Proof of service of summons

13. The person who serves the summons shall either make and file an affidavit of the service or attend before the court at the time and place mentioned therein to depose, if necessary, to the service thereof.

Service out of jurisdiction of court

14. Where a person against whom a charge is made, or from whom a sum of money or any property is claimed, is beyond the jurisdiction of the court before whom the charge or claim is made but within the jurisdiction of another Tikina or Provincial Court, it shall be lawful for the court before whom the charge or claim is made, when a summons for the appearance of such person is issued, to transmit the summons to that other court with a request for service thereof and in any such case the court issuing the summons shall allow such time for appearance of the person summoned as in the opinion of the court is necessary to enable him to appear.

Proof of service before court serving summons

15. When a summons is served in pursuance of regulation 14 the court shall cause the day and date of service to be proved before the court by affidavit according to the form on the back of the summons and forward the same to the court by which the request for service was made, and in that case it shall not be necessary for the person serving the summons to attend at the hearing as provided in regulation 13, but the affidavit shall be received in evidence in lieu thereof.

Non-appearance of party summoned

16. If the person served with a summons does not appear at the time and place mentioned in the summons, and it is made to appear to the court on oath that the summons was duly served within a reasonable period before the time for his appearance as aforesaid, the court, after taking such evidence on oath to substantiate the matter of the charge as it considers necessary, may issue its warrant in Form 3 in the Schedule to apprehend the person so summoned as aforesaid.
(Form 3)

When a warrant may issue in the first instance

17.-(1) In all cases where a charge is made, the court, if it thinks it expedient that a warrant be issued instead of a summons shall cause the charge to be written and verified by oath of the person making the charge and may issue its warrant in Form 3 in the Schedule to apprehend the person charged. The court may issue the warrant, notwithstanding that a summons in respect of the matter charged has been issued, at any time before the time of the appearance in that summons mentioned.
(Form 3)

(2) The warrant shall remain in full force until executed. It may be executed by any constable in any part of Fiji, and no signature other than that of the magistrate issuing it shall be necessary.

Proceedings on arrest

18.-(1) When a person has been apprehended under a warrant, he shall be brought before the court so issuing the warrant and thereupon, either by warrant in Form 4 in the Schedule committed to prison, or orally to the custody of the officer apprehending him, or to such other safe custody as may be thought fit; and the court may order him to be brought up at a certain time and place before it and shall give notice of the order to the person laying the charge; but no committal under this section shall exceed two weeks.
(Form 4)

(2) Upon the request of the person making the charge, if he is present when the person charged is so brought before the court, the court may proceed to hear the case forthwith if the person charged consents.

Property believed stolen

19. When a court is satisfied on evidence upon oath that there is reasonable cause to believe that any property whatsoever alleged to have been stolen is in any place, the court may grant a warrant in Form 5 in the Schedule to search for the property and, if the same or any part thereof be found, to bring it and the owner or occupier of the place where the property is found before the court granting the warrant.
(Form 5)

Compelling attendance of witnesses

20.-(1) If it is made to appear to a court that any person is likely to give or produce evidence which the court thinks should be given or produced in any matter where a charge is made and that such person will not voluntarily appear for the purpose of being examined as a witness or of producing that evidence, the court may issue its summons in Form 6 in the Schedule to such person requiring his attendance or the production of the aforesaid evidence which shall be sufficiently described in the summons.
(Form 6)

(2) If the court is satisfied by evidence upon oath that the person aforesaid will not attend unless compelled to do so, the court may issue a warrant in Form 7 in the Schedule instead of a summons.
(Form 7)

(3) If a person attending as a witness, or so summoned or brought up on a warrant as aforesaid, refuses to be examined on oath or refuses to take the oath or, having taken the oath, refuses without just cause to answer any lawful question put to him, the court may by warrant in Form 8 in the Schedule commit that person to prison for any period not exceeding ten days; unless he in the meantime consents to be examined upon oath and to answer the question.
(Form 8)

Charge to be laid within six months

21. Every charge shall be made within six months from the time the offence was committed, unless the law relating to the particular case prescribes a longer period within which the charge made be made.

When defendant does not appear

22. If at the time and place of hearing mentioned in a summons the person charged does not appear and it is proved on oath that the summons was duly served on him within a sufficient period before the time appointed for his appearance and if the court does not think it expedient to issue a warrant for his apprehension, the court may proceed to hear and determine the case without his appearance.

When complainant does not appear

23. If at the time and place appointed the person charged is before the court and the person making the charge, having had due notice, does not appear, the court may dismiss the charge or adjourn the hearing as to it seems fit. In the event of the charge being dismissed the court may make such order as to payment of compensation by the complainant to the defendant and his witnesses for loss of time as to the court seems just. The compensation to be paid shall be limited to such sum or sums not exceeding 50 cents for each day or part of a day of attendance.

Appearance of both parties, trial and adjudication

24.-(1) If both parties appear, the court shall cause the substance of the charge to be stated to the person charged and ascertain his plea. The court shall then hear the complainant and such evidence as he may adduce. The person charged shall have the right to cross-examine the complainant and any witness called by him. The court shall then hear such evidence, which may be given on oath, as the person charged adduces in his defence. The complainant shall have the right to cross-examine the person charged, if he is on oath, and any witnesses called by him. The court shall take full notes of the evidence given by both parties.

(2) The court shall then consider the whole matter and may record a conviction or dismiss the information:

Provided that the verdict given by a Provincial Court shall be the verdict agreed upon by a majority of the magistrates of such court.

(3) If the court finds the defendant guilty and imposes a sentence of imprisonment a warrant of commitment shall be drawn up in accordance with one or other of Forms 9 and 10 in the Schedule, or as near thereto as circumstances permit, and shall be signed by the magistrate by whom the same is issued.
(Forms 9 and 10)

(4) Any person liable to imprisonment for an offence against any regulation may be sentenced to pay a fine instead of imprisonment.
(Inserted by Regulations 10 November 1951.)

Adjournment

25.-(1) The court may at any time adjourn, but in no instance shall the adjournment exceed a period of one month.

(2) Notice of adjournment given by the court in the presence of both parties shall be deemed to be sufficient notice of such adjournment.

(3) If at the time and place appointed by the court for any adjourned hearing either or both of the parties do not appear, the court may then and there proceed with the further hearing of the case as if the party or parties were present.

Payment of expenses or compensation out of fine

26. Whenever a court imposes a fine, or a sentence of which a fine forms part, the court may, when passing judgment order the whole or any part of the fine recovered to be applied-

(a) in defraying expenses properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the offence.

Corporal punishment

27.-(1) Whenever a court orders a sentence of corporal punishment such sentence shall be carried out privately, without undue delay, and in the presence of a Government medical 
officer.

(2) No court may order a sentence of corporal punishment exceeding twelve strokes.

(3) Every such sentence shall be subject to confirmation by the Minister and shall not be carried into effect until so confirmed. (Inserted by Regulations 10 November 1951.)

Punishment of females

28.-(1) Whenever by these or any other Regulations a court has power to order punishment of any kind upon a female, it shall be lawful for the court to order her in lieu of the punishment by law provided to plait mats at her own place of abode, within such time as the court may order, the value of which shall be calculated on the basis of a mat six feet by three feet being equivalent to 50 cents.

(2) Such mats shall be handed to the court and sold and the proceeds paid into provincial funds by the magistrate or presiding magistrate within a reasonable time.

Punishment of children

29. Where a child is found guilty of an offence he shall not be liable to be imprisoned but the court may deal with the case by any of the following methods:-

(a) dismiss the charge;

(b) discharge the offender and commit him to the care of a relative or other fit person;

(c) order the father or mother, next of kin or guardian to enter into a recognizance as provided for in regulation 35 for the child's good behaviour;

(d) order the father or the mother, next of kin or guardian to pay a fine, damages or costs;

(e) order the child, if a male, to be privately whipped on the same day as the conviction with not more than ten strokes of the cane in the presence of a magistrate, a Government medical officer and the father or mother, next of kin or guardian.

Where person already undergoing imprisonment

30. Where the person charged is adjudged to be imprisoned and he is then undergoing imprisonment upon conviction for any other offence, the court may direct and shall in that case enter on the warrant of commitment for the subsequent offence, that imprisonment therefor shall commence at the expiration of the period of imprisonment to which the prisoner was previously sentenced, or the court may order the sentences to be concurrent.

What warrant of commitment must contain

31. No warrant of commitment shall be held void by reason of any statement or want of statement whatsoever therein, provided it is therein stated that the party has been convicted and there is a lawful conviction to sustain it.

Signature of documents issued by Provincial Court

32. All charges, summonses, warrants or other documents issued by a Provincial Court may be sworn before or signed by one of the magistrates of that court, and no documents shall require a seal in any court.

Power of court on conviction

33. A court by whose conviction any sum is adjudged to be paid, may do all or any of the following things, namely:-

(a) order imprisonment unless the sum be paid forthwith; or

(b) allow time for the payment of the said sum; or

(c) direct payment of the said sum to be made by instalments; and order imprisonment in default of payment of any instalment.

Scale of imprisonment in default of payment of fine

34. The period of imprisonment inflicted by a court under these or any other Regulations, in respect of the non-payment of any sum of money adjudged to be paid or in respect of the default of payment of any instalment of that sum, shall be according to the following scale:-

(a) when the amount of the sum or sums of money adjudged to be paid does not exceed $2, the said period shall not exceed seven days;

(b) when the amount of the sum or sums of money adjudged to be paid exceeds $2 but does not exceed $10, the said period shall not exceed one month;

(c) when the amount of the sum or sums of money adjudged to be paid exceeds $10 but does not exceed $20, the said period shall not exceed two months;

(d) when the amount of the sum or sums of money adjudged to be paid exceeds $20 but does not exceed $50, the said period shall not exceed three months;

(e) when the amount of the sum or sums of money adjudged to be paid exceeds $50 but does not exceed $100, the said period shall not exceed six months.

Recognizances

35. Any person may summon another to show cause why he should not be bound over in recognizance to be of good behaviour towards the complainant, and the complainant and the person charged and witnesses may be called and examined before the court. The court may thereupon make an order in Form 11 in the Schedule adjudging the person charged to enter into a recognizance in Form 12 in the Schedule with or without sureties in that behalf.
(Form 11. Form 12)

Punishment for not obeying order

36. Where the person charged fails to comply with any such order as in regulation 35 mentioned, the court may adjudge him to be imprisoned for any period not exceeding six weeks, unless he in the meantime consents to enter into the recognizance aforesaid.

Enforcing recognizance

37. Where such recognizance has been entered into before a magistrate, the court, upon proof that the condition thereof has not been observed, may adjudge the person bound thereby to pay the sum for which he is bound. The payment may be enforced in the same manner as a fine.

Recognizance to come up for judgment

38. When a person is convicted of any offence the court may, instead of passing sentence, discharge the offender upon his entering into his own recognizance in Form 12 in the Schedule, with or without sureties, in such sum as the court may think fit, conditioned that he shall appear to receive judgment at some future sitting of the court or when called upon.
(Form 12)

Division 3 - Civil Proceedings

Commencement of action

39. For the purpose of commencing any action the plaintiff may apply to the court for a writ of summons in Form 13 in the Schedule and the particulars of claim and of the order sought to be obtained shall be set out therein and signed by the plaintiff. The writ of summons shall be signed and filed by the magistrate and a copy issued by him for service on the defendant.
(Form 13)

Service of summons

40. The copy writ of summons signed by the plaintiff shall be served by him or someone on his behalf upon the defendant personally. If for any reason personal service cannot be promptly effected, the court may, upon proof of the fact by the plaintiff and the defendant being within the court's jurisdiction, direct that the same be left with some person other than the defendant, if the magistrate is satisfied that through such person the issue of the writ of summons and its contents will come to the knowledge of the defendant.

Subpoena

41. It shall be lawful for either party to an action to obtain from the court before which a claim is made a subpoena to a witness to give evidence at the hearing, in Form 14 in the Schedule, and the court upon request shall issue the same.
(Form 14)

Procedure at hearing of summons. Notes of evidence

42. Upon the hearing of the writ of summons the court shall first cause the substance of the claim to be stated to the defendant who shall then be asked whether he is or he is not indebted. If the defendant pleads "not indebted" the court shall then hear the evidence of the plaintiff and such other evidence as he may adduce. The defendant shall have the right to cross-examine the plaintiff and any witness called by him. The court shall then hear such evidence as the defendant adduces in his defence and the plaintiff shall have the right to cross-examine the defendant and any witness called by him. The court shall take full notes of the evidence given by both parties.

Adjournment

43.-(1) The court may at any time adjourn, but in no instance shall the adjournment exceed a period of one month.

(2) Notice of adjournment given by the court in the presence of both parties shall be deemed to be sufficient notice of such adjournment.

(3) If at the time and place appointed by the court for any adjourned hearing either or both of the parties do not appear, the court may then and there proceed with the further hearing of the case as if the party or parties were present.

Judgment

44. On completion of the hearing the court shall give judgment by making such order in the matter as in the nature of the case seems just:

Proviso

Provided that the order made by a Provincial Court shall be the order agreed upon by a majority of the magistrates of such court.

Default of appearance of plaintiff

45. If a plaintiff does not appear on the day named in the writ of summons for the hearing thereof, the court may dismiss the summons and order payment by the plaintiff to the defendant and his witnesses, if those witnesses have attended at the place of hearing, of such compensation for loss of time as to the court seems just.

Default of appearance of defendant

46. If a defendant does not appear on the day named in the writ of summons for the hearing thereof, the court may, upon proof that the same has been served and on the plaintiff proving to the court's satisfaction the claim sought to be enforced, make such order upon the writ of summons as the nature of the case demands; and the order may provide for the payment by the defendant to the plaintiff and his witnesses if those witnesses have attended at the place of hearing, of such compensation for loss of time as to the court seems just.

Allowance to witnesses

47. The compensation to be paid under the provisions of regulations 45 or 46 shall be limited to such sum or sums not exceeding 50 cents for each day or part of a day of attendance as the court thinks reasonable.

Mode of enforcing a judgment

48. Upon a judgment of the court for any sum of money the court may-

(a) order the sum to be paid forthwith, and in default of payment order that the defendant be imprisoned; or

(b) order the sum to be paid by instalments; and

(c) in default of payment of any instalment order that the defendant be imprisoned:

Proviso

Provided that any imprisonment ordered under this section be according to the scale given in regulation 34; and provided also that no order of imprisonment be made unless it is proved to the satisfaction of the court that the person making default has the means to pay and refuses or neglects to do so.

Power of court to enforce order

49. Where power is given to a court by these or any other Regulations relating to Fijian Affairs to require any person to do or abstain from doing any act or thing other than the payment of money, and no mode is prescribed for compelling the person to do so, the court may in whatever manner seems fit order the person to do or abstain from doing the act or thing.

Default in compliance with order of court other than payment of money

50.-(1) Unless otherwise provided in the regulation on which the order is based, a person disobeying for a period of seven days any order of a court other than for the payment of money may, upon application being made to the court and on proof of the disobedience, be ordered to pay a sum not exceeding 50 cents for every day during which he has disobeyed the order, or to be imprisoned until he consents to obey the order.

(2) No person shall for disobeying any such order as is mentioned in this and in regulation 49, be liable to imprisonment for a period or periods amounting altogether to more than three months or to the payment of any sums exceeding in the aggregate $50.

PART IV - MISCELLANEOUS

Fees of court. 		Criminal.	 Civil

51.-(1) The following fees shall be charged and taken in proceedings before a court:-

	Cents	
On entering charge ……………………………………………………….	10	
For every summons or warrant to apprehend, including service or execution of the same ……………………………………………………	10	
For every search warrant ………………………………………………...	10	
For taking recognizance ………………………………………………….	10	
For hearing in a civil matter (this fee must be paid by the plaintiff at the time the summons is issued) ……………………………………………..	10	
For hearing a case for recovery of a debt ………………………………..	20	
For every subpoena to a witness …………………………………………	05	

(2) No fee shall be charged for the hearing and determination of any charge brought by a constable in discharge of his duty or by an officer empowered under any regulation to enter a charge.

How fines, etc., dealt with

52. All fees, fines and other moneys received by a Tikina or Provincial Court shall be accounted for and paid over by the magistrate or presiding magistrate, as the case may be, of such court to the Provincial Treasury for payment to the credit of the provincial funds of the province wherein the conviction has taken place or the order has been made.

By whom proceedings may be taken

53. Unless otherwise provided in these Regulations, proceedings for offences against these Regulations may be taken by any buli or by any turaga-ni-koro, or by any constable.

Costs

54. The court shall have discretion as to the awarding of costs in every case.

_________

THE SCHEDULE

FORM 1
(Regulation 10)

	Cents	
Entering charge .......................................................................................	10	
Every summons .......................................................................................	10	
Warrant to apprehend...............................................................................	10	
Taking recognizance ................................................................................	10	

Receipt No. ……………	Criminal case No. ………………	

WRITTEN CHARGE

In the *Provincial/Tikina Court of …………………

[Name of person making charge] of [and address] states (on oath) that [name of person charged] [and address] on the ………….. day of …………., 19...., at [place where offence alleged to have been committed] in the *Province/Tikina of [here state the charge, and the regulation under which the charge is laid].

(Signature of person making the charge)

*Taken/Sworn before me the undersigned Magistrate for the *Province/Tikina aforesaid this ………………. day of ………………., 19…

Magistrate

*Delete the word which does not apply.

_______

FORM 2
(Regulation 12)

SUMMONS TO DEFENDANT

In the Provincial/Tikina Court of ………………………………….

To [name of defendant] of [address].

You are hereby commanded to appear before this Court sitting at ……………… on the ……………….. day of ……………………., 19..., at ………. o'clock in the ………….. noon there to answer the charge of [name of person making charge] of [address] that you on the …………. day of …………….., 19..., at [place where offence alleged to have taken place] [here state the charge, and the regulation under which the charge is laid] and be dealt with according to law.

Dated this …………… day of …………, 19…

Magistrate

________

AFFIDAVIT OF SERVICE
(To be printed on back of Form 2)

In the Provincial/Tikina Court of ………………………………

I [name and address of deponent] make oath and say that I did on the …………………… day of ……………………., 19…, serve a true copy of the within summons on the within named defendant by delivering the same to……………………. at ……………………..

………………………
(Signature of deponent)

Sworn before me at ………….. this ……….….day of ………. 19…

Magistrate taking oath

________

FORM 3
(Regulation 16)

WARRANT TO APPREHEND DEFENDANT

In the Provincial/Tikina Court of …………………………

To each and all the Constables of Fiji.

Bring [name of defendant] of [address] before this Court to answer a charge laid against him by [name of person making charge] and substantiated by oath that he the said [name of defendant] at [place where offence alleged to have been committed] on the …………….day of ………....,19…, [here state the charge, and the regulation under which the charge is laid].

Given under my hand this ………………..day of………, 19….

Magistrate

______

FORM 4
(Regulation 18)

WARRANT REMANDING DEFENDANT

Case No. …. 19…
Warrant No. … 19…

In the Provincial/Tikina Court of ………………………

To each and all the Constables of Fiji and to the Officer in Charge of the prison at …………..

[Name of defendant] of [address] has been brought before me under arrest to answer the following charge [here state the charge, and the regulation under which the charge is laid.]

You the said Constables are therefore commanded to take [name of defendant] safely to the said prison and there deliver him together with this warrant to the officer in charge thereof who is hereby directed to receive him into custody in the said prison and there him safely keep until the …………………. day of ……., 19…, and then have him at [place where Court sits] at ……….o'clock in the ………….. noon before the Court there sitting.

Given under my hand this …………day of ……, 19…

Magistrate

_________

FORM 5
(Regulation 19)

SEARCH WARRANT

In the Provincial/Tikina Court of ……………..

To each and all the Constables of Fiji.

Whereas an information has been this …………..day of ………………, 19…, sworn before me that [here state nature of information] and I consider the production of [state the thing in respect of which offence has been committed] is essential to the conduct of an examination into such information.

You are therefore commanded with proper assistance to enter certain premises, that is to say: [describe the premises] by force, if necessary, and to search the same for certain property, that is to say: [describe the property] alleged to have been stolen and believed to be upon the said premises. And if that property or any part of it be there found to bring it and the owner or occupier of the said premises before this Court.

Given under my hand this ……….day of ……, 19…

Magistrate

______

FORM 6
(Regulation 20 (1))

SUMMONS TO WITNESS

In the Provincial/Tikina Court of ………………………….

To [Name of witness] of [address].

Whereas a charge has been made by [name of person making charge] of [address] that [name of defendant] of [address] [here state the charge].

And it appears to me that you are likely to give or produce material evidence on behalf of the (a) ……………………. and will not voluntarily appear for that purpose.

You are therefore commanded to appear before this Court sitting at on the …………day of …………….., 19…., at ……………….. o'clock in the ……… noon to testify what you know in the matter and to bring with you and produce thereat (b) ………………..

Dated this ……………..day of ………., 19…

Magistrate

(a) Complainant or defendant.
(b) State documents to be produced.

________

FORM 7
(Regulation 20 (2))

WARRANT TO APPREHEND WITNESS

In the Provincial/Tikina Court of …………………….

To each and all the Constables of Fiji

Whereas a charge has been made by [name of person making charge] of [address] that [name of defendant] of [address] [here state the charge].

And it appears to me by the oath of ………….. that [name and address of witness] will not attend to give or produce evidence on behalf of the (a) …………… unless compelled to do so.

You the said Constables are therefore commanded to bring the said [name of witness] before this Court sitting at ………………… on the ………….. day of ………, 19…, at ……… o'clock in the ………….. noon to testify what he knows in the matter and to bring with him and produce thereat (b)……….. .

Given under my hand this …………..day of ………, 19…
Magistrate

(a) Complainant or defendant.

(b) State documents to be produced.

________

FORM 8
(Regulation 20 (3))

WARRANT TO COMMIT WITNESS

Warrant No. …. 19...

In the Provincial/Tikina Court of …………………

To each and all the Constables of Fiji and to the Officer in charge of the prison at ………………………………………………………………………………….

Do you the said Constables take [name of person committed] safely to the said prison and there deliver him to the Officer in charge thereof together with this warrant. And do you the Officer in charge of the said prison receive him and keep him for …………… days unless he in the meantime consents to be examined and to answer in the matter of a charge by [name of person making charge] against [name of defendant].

Given under my hand this ……...day of …………., 19…

Magistrate

_______

FORM 9
(Regulation 24)

WARRANT OF COMMITMENT WHEN PUNISHMENT IS BY IMPRISONMENT

Case No. …19…
Warrant No. … 19…

In the Provincial/Tikina Court of …………………………...

To each and all the Constables of Fiji and to the Officer in charge of the prison at ………………………………………………………………………………….

[Here state name of person committed] was on the ……..day of ……………….., 19…, duly convicted before this court for [state offence of which person has been convicted].

The Court adjudged the said [name of person committed] for his said offence to be imprisoned in the prison at ……………… for [term of imprisonment]. You the said Constables are therefore commanded to take the said [name of person committed] safely to the said prison and there deliver him to the Officer in charge thereof who is hereby directed to imprison him for [term of imprisonment].

Given under my hand this …….. day of …………..…, 19…

Magistrate

______

FORM 10
(Regulation 24)

WARRANT OF COMMITMENT IN DEFAULT OF PAYMENT OF A FINE

Case No. …19…
Warrant No. ….19…

In the Provincial/Tikina Court of ……………….

To each and all the Constables of Fiji and to the Officer in charge of the prison at ……………………………………………………………………………………

[Here state name of person fined] was on the ……..day of ……., 19…, duly convicted before this Court for [state offence of which person has been convicted] and ordered to pay the sum of …………..forthwith (or on the …………day of ……., 19…), (or by instalments of ……………….. on the ………. day of ……….,19…, and the ………..day of ……., 19…, and in default of payment of any instalment to be imprisoned for …………………………).

[Here state name of person fined] has not paid the said sum (or the time appointed for the payment of the said sum has expired) (or [name of person fined] has failed to pay the instalment of the said sum due on the ………day of …….., 19…).

You the said Constables are therefore commanded to take the said [name of person fined] safely to the said prison and deliver him to the Officer in charge thereof who is hereby directed to imprison him for ……………… unless the said sum (or unless the said instalments of the said sum) shall be sooner paid.

Given under my hand this ……..day of ……., 19…

Magistrate
_______

FORM 11
(Regulation 35)

ORDER TO ENTER INTO A RECOGNIZANCE

In the Provincial/Tikina Court of ……….

It is hereby adjudged that [name of person bound] do forthwith to the satisfaction of the Court enter into a recognizance in the sum of ………………. (with sureties in the sum of …………… each) to be of good behaviour towards Her Majesty and all her people and especially towards [name of person complaining] for the period of …………………… next following.

And it is adjudged that if [name of person bound] fail to comply with this order he be imprisoned in the prison at ………….. unless he sooner complies with this order.

Dated this …………..day of ………, 19….

Magistrate

______

FORM 12
(Regulations 35 and 38)

RECOGNIZANCE

In the Provincial/Tikina Court of ………

(a) We the undersigned severally acknowledge to owe to our Sovereign Lady the Queen the several sums following, namely: [name of principal person bound] of [address] as principal, the sum of [amount of money], and [name of surety] of [address] as surety the sum of [amount of money] the payment whereof shall be enforced in the same manner as a fine if the said [principal person bound] fail in the condition hereon endorsed.

(Signature of principal)
(Signature of surety)

Taken before me this ……… day of ………., 19…

Magistrate

CONDITION

The condition of this recognizance is such that if [name of principal person bound] above-named shall-

(1) be of good behaviour towards Her Majesty and all her subjects and especially towards [name of person complaining] for the period of ……. months now ensuing; and

(b)	(2) appear and receive sentence when called upon at any time during a …………….. period of ………years from the date hereof;

then this recognizance shall be void, but otherwise shall remain in full force.

(a) The words in this part of the form should be suitably amended or deleted if the person bound enters into the recognizance without a surety.
(b) Delete this condition if it does not apply.

________

FORM 13
(Regulation 39)

Cents
Hearing in civil matter ......................................10
Hearing for recovery of debt..............................20
Every subpoena..................................................05

Receipt No. ……..

______

WRIT OF SUMMONS

Civil Case No. ….19…

In the Provincial/Tikina Court of …….
(Civil Jurisdiction)

To [name and address of person against whom claim is made] of …………

You are commanded to appear before this Court sitting at …………….. on the ………..day of ………………, 19…, at o'clock in the …….. noon to answer a claim by [name and address of person making the claim] against you.

And take notice that if you fail to appear as aforesaid the Court may proceed to hear and determine the claim in your absence.

Dated this ………….day of ……….., 19…

Magistrate

PARTICULARS OF CLAIM

The plaintiff claims [here state the particulars of the claim and the order of the Court sought to be obtained].

$ c.
Sum claimed ......................................
Court fees ..........................................
________
Total..................................................

(Signature of plaintiff)

Note.-This writ shall be served ten clear days before the date of hearing.

AFFIDAVIT OF SERVICE
(To be printed on back of Form 13)

I [name and address of deponent] make oath and say that I did on the …….. day ………….., 19…, serve a copy of the within writ of summons on the within named defendant by delivering the same to ………………. at ……… .
(Signature of deponent)

Sworn before me at ………… this ………… day of ………, 19…

Magistrate

_______

FORM 14
(Regulation 41)

SUBPOENA

In the Provincial/Tikina Court of …………..
(Civil Jurisdiction)

To [name and address of witness].

Whereas a writ of summons has been filed in an action by [name and address of plaintiff] of ………………. against [name and address of defendant] of ………………….. for [here state the particulars of the claim].

And the above-named (a) …………….has requested the Court to issue a subpoena to you the said [name of witness] to give evidence at the hearing.

You are therefore commanded to attend before this Court sitting at …………………. on the ……..day of ………………., 19…, at …………. o'clock in the noon to give evidence in the above-named action on behalf of the (a) ………………….. .

Dated this …………..day of ………, 19…

Magistrate

(a) Plaintiff or defendant.

________

SECTION 6 - FIJIAN AFFAIRS (EXTRAMURAL PUNISHMENT) REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Extramural punishment
3. Conditions of punishment
4. Failure to comply with conditions
5. Food and lodging

______

Regulations 30 April 1966

Short title

1. These Regulations may be cited as the Fijian Affairs (Extramural Punishment) Regulations.

Extramural punishment

2. A Roko, if he is of opinion that any person sentenced by any court to imprisonment for any period not exceeding six months, or liable to be committed to prison for any period not exceeding six months for non-payment of a fine or costs, should be employed on public work outside the prison, may, unless he is precluded from so doing by the sentence of the court, direct such person to be employed and such person shall not be imprisoned, or, if imprisoned shall be released, and shall be employed without remuneration on such public work in the province as may be specified by the Roko, under the supervision of such provincial official or other person as the Roko may appoint.

Conditions of punishment

3. The period during which a person required to be employed on public work under the provisions of these Regulations shall work, subject to remission, be equal to the term of imprisonment to which he is sentenced or which he is required to undergo. The daily task on which such person shall be employed shall be such as, having regard to his physical capacity, he might complete in six hours.

Failure to comply with conditions

4. If a person required to be employed on public work under the provisions of these Regulations-

(a) fails to present himself at the appointed hour; or

(b) absents himself from his task; or

(c) fails to accomplish a day's task; or

(d) is otherwise unsatisfactory in his conduct,

the Roko may order that such person shall suffer the imprisonment to which he is sentenced or which he is required to undergo, subject nevertheless to a deduction of the number of days on which he has completed the daily task, and such person shall be committed to prison accordingly.

Food and lodging

5. All prisoners required to be employed on public work under the provisions of these Regulations shall provide their own food and lodging during the period they are so employed.

______

SECTION 6 - FIJIAN AFFAIRS (INTERPRETATION) REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Interpretation of certain terms

______

Regulations 16 July 1966, Legal Notices Nos. 33 of 1968, 112 of 1970, 81 of 1977

Short title

1. These Regulations may be cited as the Fijian Affairs (Interpretation) Regulations.

Interpretation of certain terms

2. In these Regulations and in all other notices, orders, proclamations, regulations, rules or other instruments made or issued in pursuance of the provisions of the Act before or after the commencement of these Regulations, the following words and expressions shall have the meanings hereby assigned to them respectively unless there is something in the context or subject inconsistent with such meaning or unless it is therein otherwise expressly provided:-

(1) "accounting officer" means an officer charged under the provisions of the Act with the collection, custody and disbursement of revenue;

(2) "buli" means the official appointed as such by the appropriate authority and includes an acting buli;

(3) "court" means a magistrate or magistrates having jurisdiction to determine the matter before him or them;

(4) "fine" means any sum of money ordered by the court to be paid;

(5) "Government medical officer" means a medical practitioner registered as such under the provisions of the Medical and Dental Practitioners Act, and employed by the Government or any person registered under the provisions of that Act as a medical officer; and includes any person conditionally so registered.
(Cap. 255.)

(6) "magistrate" means any district officer appointed to be a magistrate of any class under the provisions of the Magistrates' Courts Act and includes a Fijian Magistrate appointed under the Act.
(Cap. 14.)

(7) "nurse" means any registered nurse;

(8) "provincial funds" means revenue derived by any province from rates or any other source and includes money deposited with the provincial treasury for safe-keeping;

(9) "provincial office" means the office or offices in a province in which provincial business is transacted;

(10) "provincial treasury" means the accounting office or office of any province;

(11) "register of landowners" means the list kept by the Native Lands Commission giving the names of the members of Fijian landowning units such list being otherwise known as the Vola ni Kawa; and "registered member" and grammatical variations and cognate expressions thereof shall have a corresponding meaning;

(12) "Roko" or "Roko Tui" means the official appointed as such by the appropriate authority and includes an acting Roko or Roko Tui;

(13) "Treasurer" means the chief accounting officer of the Board;

(14) "turaga-ni-koro" means the person elected by show of hands by the inhabitants of a village and approved by the tikina council or appointed in such manner as may be prescribed by the Board, to see to the carrying out of social services or to undertake such duties as may be prescribed;

(15) "village" means any settlement established on native land according to custom or law or any settlement declared to be a village under a by-law duly approved by the Board, or in such other manner as may be prescribed by the Board, and published in a newspaper published in the Fijian language and circulating in Fiji.
(Amended by Legal Notice 33 of 1968, 112 of 1970; 81 of 1977.)

_______

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

TABLE OF PROVISIONS

PART I - PRELIMINARY

REGULATION
1. Short title
2. Establishment
3. Membership
4. Chairman and deputy chairman
5. Other officers
6. Meetings
7. Councils to be dissolved every three years
8. Advisers

PART II - ELECTIONS

9. Tikina
10. Registration Officer
11. Qualification of electors
12. Qualification of candidates
13. Disqualification of electors
14. Disqualification of candidates
15. Writ of election
16. Nominations
17. By-elections and filling of vacancies
18. Election procedure
19. Election petitions

PART III - REMUNERATION OF MEMBERS

20. Chairman's honorarium
21. Travelling and subsistence allowances for members

PART IV - FUNCTIONS OF A PROVINCIAL COUNCIL

22. Powers and functions
23. Committees
24. Annual report

PART V - FINANCE

25. Provincial Fund
26. Annual estimates
27. Annual accounts

PART VI - LAND RATE

28. Land rate
29. Rateable land; levy of land rate
30. Valuation or re-valuation
31. Rate book; nominees in respect of land owning units
32. Completion of rate book and notification of assessment
33. Appeals against valuation
34. Making of land rate
35. Demand notice
36. Methods of payment
37. Enforcement of payment of land rate
38. Native Land Trust Board may be requested to grant leases or licences of land
39. Saving of existing provincial rate

PART VII - PROVINCIAL RATE

40. Provincial rate
41. Registration as rate payer
42. Exemptions
43. Recovery of provincial rates
44. Service of notices, etc.

PART VIII - GENERAL

45. Provincial Council to act on directions of Fijian Affairs Board

First Schedule - Number of Members of Provincial Councils 
Part 1 - Elected Members
Part 2 - Nominated Chiefs
Part 3 - Closely Settled Areas

Second Schedule - Rules for the Preparation of Electoral Rolls

1. Notice calling for applications to register
2. Applications
3. Penalty
4. Division of electoral rolls
5. No person to apply to be registered more than once
6. Inquiries by registration officer
7. Objections
8. Settling the objections and publication of electoral roll
9. Revision of electoral roll
10. Notice of revision
11. Preparing revised electoral rolls
12. Transfers
Forms
Third Schedule - Residence in Tikina

Fourth Schedule – Rules for the Election of Members of Provincial Councils

Part I - Nominations

1. Returning officers
2. Notice of nomination day
3. Qualification for nomination
4. Nominations
5. Supply of forms of nomination paper
6. Delivery of nomination paper
7. Persons entitled to attend election proceedings
8. Examination of nomination papers
9. Description of candidates in nomination papers
10. Where candidates unopposed
11. Withdrawal of candidate
12. Where candidates are opposed
13. Notice that poll will be taken
14. Death of candidate before poll taken

Part II - The Poll

15. Presiding officers
16. Deputy presiding officers
17. Restriction of voting to proper polling stations
18. Times for opening and closing poll
19. Duty of presiding officers
20. Form of ballot papers
21. Ballot boxes
22. Delivering of ballot papers to electors
23. Manner of voting
24. Spoilt ballot papers
25. Provision where elector unable to mark ballot paper
26. Application for ballot paper in name of person who has already voted
27. No communication to be made with elector in polling station
28. Despatching of ballot boxes, etc., to returning officer

Part III - Counting Votes

29. Notice of time for counting
30. Counting the votes
31. Void ballot papers
32. Marking rejected ballot papers
33. Tendered ballot papers
34. Finality of decision of returning officer
35. Declaration of poll
36. Equality of votes
37. Disposal of ballot papers
38. Refund of deposit
39. Publication of election Forms

Fifth Schedule - Warrant of Distress and Sale

________

Regulations 29 July 1966, Legal Notices Nos. 82 of 1967, 48 of 1968, Local Government Notices Nos. 7 of 1969, 15 of 1969, 18 of 1969, Legal Notice No. 112 of 1970, Local Government Notices Nos. 2 of 1971, 5 of 1971, 6 of 1971, 10 of 1971, 11 of 1971, Legal Notices Nos. 75 of 1972, 137 of 1972, 73 of 1973, 82 of 1974, 247 of 1974, 60 of 1975, 89 of 1976, 80 of 1977, 184 of 1977, 170 of 1978, 68 of 1979, 106 of 1979, 95 of 1980, 37 of 1981, 75 of 1981, 64 of 1983

PART I - PRELIMINARY

Short title

1. These Regulations may be cited as the Fijian Affairs (Provincial Councils) Regulations.

Establishment

2. There is hereby established in respect of each province a Provincial Council.

Membership

3. (1) The members of a Provincial Council shall be-

(a) such number of members as are specified, in respect of each tikina, in the third column of the First Part of the First Schedule, to be elected in accordance with the provisions of these Regulations;

(b) such number of chiefs as are specified in respect of each province, in the Second Part of the First Schedule, to be nominated by the Minister;

(c) such number of members as are specified in the Third Part of the First Schedule, representing persons registered as land-owners of the province resident in the closely settled areas as are therein specified, to be elected in accordance with rules which the Minister shall have power to make to regulate the manner in which such persons shall be elected:

Provided that the number of such members shall not exceed two.
(Amended by Local Government Notice 15 of 1969; Legal Notice 112 of 1970.)

(2) In nominating chiefs to be members of a Provincial Council, the Minister shall have regard, so far as is practicable, to Fijian public opinion in the province.
(Amended by Legal Notice 112 of 1970.)

(3) A member of a Provincial Council may at any time resign his seat by notice in writing addressed to the Clerk of such Provincial Council and shall resign his seat if he ceases to be qualified, to be elected as a member under the provisions of regulation 12, or becomes disqualified under the provisions of regulation 14.

(4) Where the Minister is of the opinion that a member of a Provincial Council may be guilty of misconduct in his capacity as a member, he may appoint a Commissioner to enquire into the circumstances, and, if such Commissioner finds such member to be specifically and unequivocally guilty of misconduct, such member shall cease to hold office from the date of confirmation by the Minister of the report of the Commissioner. For the purposes of this paragraph, the provisions of the Commissions of Inquiry Act shall mutatis mutandis apply.
(Amended by Legal Notice 112 of 1970.)
(Cap 47.)

Chairman and deputy chairman

4.-(1) The chairman and deputy chairman of a Provincial Council shall be elected annually by its members from among the members thereof at a meeting to be convened by the Clerk of the Provincial Council within seven days of the anniversary of the last preceding election of Chairman, at which meeting the Clerk of the Provincial Council shall preside for the purpose of conducting such election:

Provided that the chairman shall remain in office until immediately before the meeting at which his replacement takes his seat after his election to the office of chairman.
(Amended by Local Government Notice 15 of 1969; Legal Notice 247 of 1974.)

(2) Where the chairman of a Provincial Council is temporarily incapacitated from performing his functions as such by reason of his temporary absence or for any other cause, the deputy chairman shall act as chairman during such period of incapacity.

(3) Where the deputy chairman is temporarily incapacitated from acting as chairman under the provisions of paragraph (2) by reason of his absence or for any other cause, the Council may elect another member temporarily to act as chairman.

(4) The chairman or deputy chairman may at any time resign his office by notice in writing addressed to the Clerk of the Provincial Council and may be suspended or removed from office by the Minister on the recommendation of a resolution passed by a two-thirds majority of the whole of such Council for conduct which, in the opinion of the Minister, constitutes neglect of duty, incapacity to perform his duty or misconduct.
(Amended by Legal Notice 112 of 1970.)

Other officers

5.-(1) Each Provincial Council shall recommend to the Fijian Affairs Board for submission to the Minister the name of a suitable person to be appointed to be the chief executive officer of such Council who shall be known as the Roko Tui, and shall appoint a suitable person to be the treasurer, and shall also appoint a suitable person to be the Clerk of such Council which person may be either the Roko Tui, the treasurer or another person, and may appoint such other officers and servants as may be requisite. (Amended by Legal Notice 112 of 1970.)

(2) Subject to the provisions of the Act, paragraph (1) and any other written law, each Provincial Council may, with the approval of the Minister, make standing orders to regulate the engagement, salaries, conditions of service, dismissal, superannuation and all other matters relating to the employment of persons in its service.
(Inserted by Local Government Notice 15 of 1969; amended by Legal Notice 112 of 1970.)

Meetings

6.-(1) Each Provincial Council shall meet at least twice in every year at such times and places as shall be fixed by the chairman of such Provincial Council.

(2) Twenty-one clear days' notice shall be given to each member of the Council of every meeting of the Council.

(3) The chairman, on his own initiative or upon the request of the Minister, may at any time convene a special meeting of the Council and such a meeting may be convened upon such notice as the Council may, by rule made under the provisions of paragraph (4) determine.
(Amended by Legal Notice 112 of 1970.)

(4) Each Provincial Council may make rules regulating its proceedings, its quorum and the mode of conducting its business.

(5) Decisions of a Provincial Council shall be made by a majority vote of those present and voting and, in case of an equality of votes, the chairman shall in addition to a deliberative vote, have also a casting vote.

Councils to be dissolved every three years

7. Each Provincial Council shall be dissolved at the expiration of three years from the date of the last preceding general election.

Advisers

8.-(1) The following persons shall be advisers to a Provincial Council:-

(a) the Minister or a person nominated by him in writing;

(b) the Commissioner of the Division in which the province is situated;

(c) the Divisional Development Officer for the area in which the province is situated;

(d) the District Officer for the area in which the province is situated;

(e) the Divisional Medical Officer for the area in which the province is situated, or his representative, as the adviser on public health;

(f) such other persons as are invited by the Council to act as advisers on agricultural, educational, public health or any other matter.
(Amended by Legal Notice 112 of 1970; Local Government Notice 2 of 1971.)

(2) The persons specified in paragraph (1) shall as far as practicable attend and may take part in the proceedings of a Provincial Council but shall not be entitled to vote unless any such person has been elected as chairman under the provisions of the proviso to paragraph (1) of regulation 4.

PART II - ELECTIONS

Tikina

9.-(1) For the purpose of the election of members of a Provincial Council under the provisions of sub-paragraph (a) of paragraph (1) of regulation 3, the province shall be divided into constituencies to be called tikina which tikina shall be those described in the regulations for the time being in force prescribing the boundaries of tikina, but shall not include the closely settled areas specified in the Third Part of the First Schedule.

(2) The tikina shall be those specified in the second column of the First Part of the First Schedule and shall return the number of members set out in the third column.

(3) The Fijian Affairs Board, at the prior request of the Provincial Council concerned, may, from time to time, by notification in the Gazette and in a newspaper published in the Fijian language and circulating in Fiji, amend the First Schedule.
(Amended by Legal Notice 80 of 1977.)

Registration Officer

10.-(1) Each Provincial Council, or the Minister in the case of the first registration of electors immediately after 21 October 1966, shall appoint a registration officer for the province, for each tikina or for a group of tikina as may be necessary.
(Amended by Legal Notice 112 of 1970.)

(2) Each registration officer shall, in accordance with the procedure set out in the Second Schedule, prepare, and revise as may be necessary, a register of electors (hereinafter referred to as the electoral roll) for the province, the tikina or group of tikina for which he has been appointed.

Qualification of electors

11. A person shall be entitled to be registered as an elector if he satisfies the registration officer that, at the date of application for registration:-

(a) he is a Fijian of or over the age of 21 years; and

(b) he is able to understand and speak the Fijian language; and

(c) he has been resident in the tikina in which he applies to be registered as a voter for a period of more than six months in the aggregate out of the immediately preceding one year; or

(d) he is registered in the register of landowners of, or is the registered proprietor of freehold land, liable to the payment of land rate under the provisions of these Regulations in, the tikina in which he applies for registration as a voter.

Qualification of candidates

12.-(1) A person seeking to represent a tikina in a Provincial Council shall be qualified to be elected a member of such Provincial Council if at the date of his nomination as a candidate for election-

(a) his name appears on the electoral roll for the tikina which he seeks to represent; and

(b) he has been resident in such tikina for a period of more than twelve months in the aggregate out of the two years immediately preceding such nomination:

Provided that registration as a member of a yavusa and of a land owning unit specified in the first column of the Third Schedule and residence in the village specified opposite the name of such yavusa in the second column of such Schedule shall be deemed to be residence in the tikina specified opposite the name of such village in the third column of such Schedule for the purpose of these Regulations; and

(c) he is able to read and write in the Fijian language.

(2) Public officers resident in the province may, if otherwise qualified under the provisions of these Regulations, be candidates for election to a Provincial Council.

(3) For the purpose of avoidance of doubt, women shall not be debarred from being candidates for election to a Provincial Council merely by reason of their sex.

Disqualification of electors

13. No person shall be entitled to vote in any election to a Provincial Council -

(a) he is under a sentence of imprisonment, by whatever name called, at the date of the election; or

(b) he is a person of unsound mind within the meaning of the Mental Treatment Act. 
(Cap. 113.)

Disqualification of candidates

14. No person shall be entitled to be a candidate for election to a Provincial Council if he-

(a) is an undischarged bankrupt; or

(b) is under a sentence of imprisonment, by whatever name called, at the date of the election; or

(c) has, within a period of two years immediately preceding the election, been released from prison after serving a term of imprisonment of more than six months; or

(d) is a person of unsound mind within the meaning of the Mental Treatment Act; or 
(Cap. 113.)

(e) is an officer or servant of such Provincial Council paid out of the funds of such Council.

Writ of election

15.-(1) For every general election of members of a Provincial Council, or, where, at a general election, insufficient candidates are nominated to represent a tikina so that vacancies cannot be filled at such general election, the Minister, and for every election of a member to fill a vacancy in a Provincial Council under the provisions of regulation 17, the chairman of such Provincial Council, shall issue writs of election to the proper returning officers.
(Amended by Local Government Notice 18 of 1969; Legal Notice 112 of 1970.)

(2) The writ shall state-

(a) the date on or before which it is returnable to the Minister or the chairman of the Provincial Council, as the case may be;

(b) the date on, and the place at which, the returning officer shall receive nominations of candidates for election;

(c) the date on which the poll will be taken in case the election is contested.
(Amended by Legal Notice 112 of 1970.)

Nominations

16. Every candidate for election as a member for any tikina shall be nominated by being proposed by not fewer than six persons. The proposers shall be persons registered as voters in the tikina for which the candidate is nominated.

By-elections and filling of vacancies

17.-(1) Whenever -

(a) a member of a Provincial Council elected in accordance with the provisions of sub-paragraph (a) of paragraph (1) of regulation 3 dies, resigns, or ceases to hold office under the provisions of paragraph (4) of regulation 3; or

(b) an increase in the membership of a Provincial Council, as specified in the third column of the First Part of the First Schedule, creates a vacancy or vacancies,

the chairman, pursuant to a resolution of such Provincial Council, shall issue a writ directing that a member be elected to fill the vacancy or vacancies as created aforesaid and to hold office, subject to the other provisions of these Regulations, until the dissolution of the Provincial Council:

Provided that no writ shall be issued by the chairman unless a period of at least six months remains before the next general election to such Council.
(Substituted by Legal Notice 106 of 1979.)

(2) Whenever a nominated member of a Provincial Council dies, resigns, is absent from two consecutive meetings of such Council without obtaining the consent of the chairman thereof or ceases to hold office under the provisions of paragraph (4) of regulation 3, the Minister may nominate another chief to be a member in the place of the member so dying, resigning, absenting himself or ceasing to hold office as aforesaid, to hold office, subject to the other provisions of these Regulations, until the dissolution of the Provincial Council.
(Amended by Legal Notice 112 of 1970.)

(3) Whenever a member of a Provincial Council elected in accordance with rules to be made by the Minister under the provisions of sub-paragraph (c) of paragraph (1) of regulation 3, dies, resigns or ceases to hold office under the provisions of paragraph (4) of regulation 3, the Minister may direct that another person be elected in the place of the member so dying, resigning or ceasing to hold office as aforesaid, to hold office, subject to the other provisions of these Regulations, until the dissolution of the Provincial Council.
(Amended by Legal Notice 112 of 1970.)

Election procedure

18. The election of members to a Provincial Council under the provisions of sub-paragraph (a) of paragraph (1) of regulation 3 shall be by secret ballot and in accordance with the procedure set out in the Fourth Schedule.

Election petitions

19. The provisions of the law for the time being in force in connection with election petitions relating to elections to the House of Representatives shall apply mutatis mutandis to elections to Provincial Councils under the provisions of these Regulations.
(Inserted by Local Government Notice 15 of 1969; amended by Legal Notice 112 of 1970.)

PART III - REMUNERATION OF MEMBERS

Chairman's honorarium

20. No honorarium shall be paid to the chairman of a Provincial Council unless such Council shall, by resolution so decide. Any such honorarium shall not exceed the sum of $500 per annum. (Amended by Legal Notice 60 of 1975.)

Travelling and subsistence allowances for members

21.-(1) Members of a Provincial Council, including the chairman thereof, or of a committee of such Council, shall not be entitled to any remuneration in respect of their services but may be paid reasonable expenses incurred by them in travelling between their normal place of residence and the meeting place of the Council or committee, as the case may be, and in travelling in the course of their duties as members.

(2) Members of a Provincial Council, including the chairman thereof, or of a committee of such Council, may be paid, whilst on the Council's business, a subsistence allowance for the period and at the rate, fixed by resolution of the Council:

Provided that the rate of such subsistence allowance shall not exceed the sum of $10 per diem or the reasonable expenses incurred. (Amended by Legal Notice 73 of 1973; 89 of 1976.)

(3) The provisions of this regulation shall not apply to advisers appointed under the provisions of regulation 8 and who are public officers, and for the purposes of this paragraph, officers appointed under the provisions of the Fijian Affairs Act shall be deemed not to be public officers.

PART IV - FUNCTIONS OF A PROVINCIAL COUNCIL

Powers and functions

22.-(1) The functions of a Provincial Council shall be to promote the health, welfare and good government of Fijians resident in the province and to carry out such other duties and functions which the Minister or the Fijian Affairs Board may see fit to delegate to such Council. (Amended by Legal Notice 112 of 1970.)

(2) For the purpose of enabling it to carry out the duties and exercise the powers conferred upon it by the provisions of paragraph (1) and in particular but without prejudice to the generality of the provisions of paragraph (1), a Provincial Council may make by-laws with respect to any powers and functions entrusted to or vested in a Provincial Council under the provisions of these Regulations or with respect to all or any of the following matters:-

(a) roads, paths, tracks, jetties and landing places;

(b) recreation and sports grounds;

(c) medical relief, public health and child welfare;

(d) village planning;

(e) water supplies;

(f) education and libraries;

(g) cemeteries;

(h) the promotion of agriculture, fisheries, forestry and stock rearing;

(i) markets and pounds;

(j) provincial transport and carriage of mail.

(3) A Provincial Council may make by-laws for the purposes of levying special local rates or charging fees to enable any work or services to be executed or provided in accordance with the powers and functions referred to in paragraph (2), which work or services would, in the opinion of the Council, give special benefit to a particular area of such province or to any particular persons or class of persons, and may levy such rates or charge such fees in any such area of the province or upon any such persons or class of persons, and be levied in such manner, as may be specified in such by-laws. Moneys raised by a special local rate or fee shall be accounted for separately in the books of account of the Council and shall not be used for any other purpose than that for which the rate or fee is levied or charged. A Provincial Council may recover any moneys due in respect of a special local rate or fee by civil action in the name of such Council.

(4) All by-laws made under the provisions of this regulation shall be subject to the approval of the Fijian Affairs Board and shall be published in the Gazette and in a newspaper published in the Fijian language and circulating in Fiji and in such other manner as the Provincial Council shall consider to be in accordance with local custom.
(Amended by Legal Notice 80 of 1977.)

(5) By-laws made and approved under the provisions of this regulation may provide that any Fijian contravening or failing to obey the provisions of such by-law shall be liable on conviction to a fine not exceeding $50 or to imprisonment not exceeding two months or to both such fine and imprisonment.

Committees

23.-(1) A Provincial Council shall appoint committees to deal with questions of finance, health, education and agriculture, and may appoint such other standing or special committees to deal with such other questions as such Council may consider appropriate, consisting of a chairman and such number of members and advisers and with such powers and functions not exceeding the powers and functions of the Council as the Council may, by resolution, determine:

Provided that no committee of a Provincial Council shall be empowered to exercise any of the powers and functions of such Council-

(a) under the provisions of paragraph (2) of regulation 22;

(b) under the provisions of paragraph (3) of regulation 22;

(c) under the provisions of Part VI or Part VII;

(d) to borrow money;

(e) as may be prescribed by the Fijian Affairs Board.

(2) Committees appointed under the provisions of this regulation may co-opt any person to be a member of such committee:

Provided that the number of persons so co-opted to a committee shall not exceed one-third of the total number of members thereof nor one-half of the number of members forming the quorum of such committee.

Annual report

24. Each Provincial Council shall, not later than the 31 March in each and every year, prepare and submit to the Minister a report upon its activities for the year ending on the 31 December then preceding. (Amended by Legal Notice 112 of 1970.)

PART V - FINANCE

Provincial Fund

25.-(1) There shall be in each province a fund called the Provincial Fund into which shall be paid all moneys received by the Provincial Council and out of which shall be made all payments required to be made by such Council.

(2) Such moneys belonging to a Provincial Council as are not immediately required for investment or for current expenditure shall be paid into such bank or banks or into the National Bank of Fiji as the Council may from time to time appoint.

(3) A Provincial Council may invest any moneys forming part of the Provincial Fund in any security or securities authorised-

(a) under the provisions of any Act relating to trustees for the time being in force; or

(b) by the Minister in accordance with the advice of the Fijian Affairs Board.
(Substituted by Legal Notice 137 of 1972.)

(4) Each Provincial Council shall, with the approval of the Minister, make standing orders to regulate the receipt, custody and disbursement of moneys, for accounting procedure and internal audit, for inspection of accounts and for the submission of reports to the auditor appointed under the provisions of regulation 27.
(Inserted by Local Government Notice 15 of 1969.)

Annual estimates

26. Each Provincial Council shall, not later than 21 October in each and every year, prepare and submit to the Minister a detailed estimate of the revenue and expenditure of the Council for the year commencing on 1 January then next following; and no expenditure may be incurred by the Provincial Council except-

(a) in accordance with the estimates as approved by the Minister; or

(b) as may receive the special sanction of the Minister.
(Amended by Legal Notice 112 of 1970.)

Annual accounts

27.-(1) Each Provincial Council shall keep books of accounts in which shall be correctly entered all moneys received and expended. The Minister or any officer authorised by him in writing shall have the right at all times to inspect such books of account.
(Amended by Legal Notice 112 of 1970.)

(2) The accounts of each Provincial Council shall be audited by an auditor to be appointed by the Minister. (Amended by Legal Notice 112 of 1970.)

(3) By 1 April in each and every year the Provincial Council shall prepare and transmit to the auditor a statement of account of the revenue and expenditure of the Provincial Fund in respect of the year ended 31 December immediately preceding together with a statement of the assets and liabilities of the Fund as at that date together with such other statements as the Minister may direct. (Amended by Legal Notice 112 of 1970.)

(4) The auditor shall examine the statements, and within fourteen days of the completion of the audit, shall return them duly certified together with any report he may make thereon to the chairman of the Council who shall lay such statements and report before the Council at its next meeting. The auditor shall also send a copy of such statements and his report thereon to the Minister. (Amended by Legal Notice 112 of 1970.)

(5) As soon as practicable after the receipt of these statements, the Provincial Council shall exhibit them at the offices of the Provincial Council and publish them in such other manner as the Council shall consider to be in accordance with local custom.

PART VI - LAND RATE

Land rate

28. Subject to the provisions of regulation 39, each Provincial Council shall have the power to levy a uniform rate (hereinafter referred to as the "land rate") upon the unimproved value of land owned by Fijians in the province.

Rateable land; levy of land rate

29.-(1) All land of whatsoever tenure, including freehold land but excluding all land within a town, owned by Fijians within the province shall be rateable land for the purposes of these Regulations.

(2) Subject to the provisions of paragraph (1) and regulation 39, a land rate shall be levied on all Fijian owners of land in the province.

Valuation or re-valuation

30.-(1) For the purpose of ascertaining and determining the unimproved value of rateable land, each Provincial Council shall cause a valuation of all such land to be made and a re-valuation at least once in every six years, by a valuer appointed by the Minister.
(Amended by Legal Notice 112 of 1970.)

(2) Every valuer for the purpose of making a valuation or re-valuation in accordance with the provisions of paragraph (1) shall have power at all reasonable hours in the day-time to enter into and upon any rateable land and may put to any Fijian in occupation or having an interest in such land such questions affecting the value thereof as he may deem necessary and if any such Fijian refuses or wilfully omits to answer any such question to the best of his knowledge and belief or wilfully makes any false answer or statement in reply to any such question such Fijian shall be liable to a fine of $20.

(3) For the purposes of these Regulations, the expression "unimproved value" means the capital sum which the land, if it were held for an estate in fee simple unencumbered by any mortgage or charge thereon, might be expected to realise at the time of valuation or re-valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require and assuming that the improvements, if any, thereon or appertaining thereto had not been made:

Provided that in making any valuation or re-valuation under the provisions of these Regulations, the valuer shall note and record any case in which a nominal or uneconomic rental is charged in respect of any land or any case in which all or any part of any land is used for medical, educational or religious purposes or as a catchment area or as a site for a village or a cemetery and which in his opinion reduces or restricts the value of such land, and state by what amount his valuation or re-valuation should be reduced so long as the land is so used.

Rate book; nominees in respect of land owning units

31.-(1) Each Provincial Council shall maintain at the provincial office a rate book containing the following particulars:-

(a) the registered number and registered name and area of the land, and the registered name of the land owning unit as shown in the Register of Native Lands held in the office of the Registrar of Titles or in the case of Fijian-owned freehold, the name of the registered proprietor and particulars of the land as shown on the grant or certificate of title in respect thereof;

(b) the valuation of the land made under provisions of these Regulations; and

(c) the name of any nominee appointed under the provisions of paragraph (2).

(2) Where rateable land is owned by a Fijian land owning unit, the land rate shall be levied on such land owning unit as a whole and each such unit shall nominate a member thereof (in this regulation referred to as a nominee) to be its representative in all matters relating to the land and shall, in writing under the hand of such nominee, inform the Provincial Council accordingly. Such nominee shall be responsible to the Council for collecting and paying the rate to an authorised officer of the Provincial Council. In the event of no such member being nominated, the senior member of such unit shown in the register of land owners shall be deemed to be the nominee. In case of dispute or when such unit is unable to agree upon the member to be nominated, the Minister or any person authorised by him in writing shall himself nominate a member of such unit to be the nominee.
(Amended by Legal Notice 112 of 1970.)

(3) A Provincial Council may, in its discretion and subject to the approval of the Minister, by resolution, either generally or specially, grant an allowance, either by way of a percentage on the amount collected by him or otherwise, to any nominee.
(Amended by Legal Notice 112 of 1970.)

(4) Where there has been a change of owner of any rateable land or any other particular forming part of the entries in the rate book and it is necessary in consequence to alter the names or other such particulars, the nominee or the owner shall inform the Provincial Council in writing, and the Provincial Council may make such alterations as may be necessary in the rate book.

Completion of rate book and notification of assessment

32.-(1) When the valuation or re-valuation has been completed and all entries in the rate book have been inserted, a notice to that effect shall be posted at the Provincial Office and at such prominent place in each village as the turaga-ni-koro may determine and shall be published in two successive issues of the Gazette and of a newspaper published in the Fijian language and circulating in Fiji. Such rate book shall be available at all reasonable times for inspection by the public. (Amended by Legal Notice 80 of 1977.)

(2) All entries made in the rate book with regard to the valuation of land shall be provisional for a period of thirty days from the date of the first publication in the Gazette of the notice referred to in paragraph (1) and, when all re-examinations have been completed under the provisions of regulation 33, the valuations included in the rate book shall be deemed to be final subject only to the provisions of the next succeeding regulation.

Appeals against valuation

33.-(1) Any owner of land, or in the case of any land owning unit, its nominee, aggrieved by a valuation of land made under the provisions of these Regulations, may, within thirty days or within such further time as a Provincial Council may, by resolution, permit but not exceeding sixty days, of the first publication in the Gazette of the notice referred to in paragraph (1) of regulation 32, by written application made to the Provincial Council accompanied by a deposit of $10, request such Council to arrange for a re-examination of such land by a valuer to be undertaken and the Council shall make the necessary arrangements. Upon receipt of the report of the value as a result of such re-examination, details of the new valuation, if any, shall be inserted in the rate book and the Council shall serve notice in writing of the result of such re-examination, on the owner.

(2) A Provincial Council aggrieved by a valuation of land made under the provisions of these Regulations, may, within thirty days of the first publication in the Gazette referred to in paragraph (1) of regulation 32, instruct a valuer to re-examine his valuation and upon receipt of the report of the valuer as a result of such re-examination, notice thereof shall be served upon the owner and details of the new valuation shall be inserted in the rate book.

(3) Any person, including a Provincial Council, aggrieved by a re-examination of the valuation of land under the provisions of paragraphs (1) or (2) may appeal against such re-examination to a resident* or second class magistrate. The valuer who made such re-examination shall be the respondent to the appeal and, where the appellant is other than the Council, the Council, may, if it thinks fit, also appear as a respondent.
* See Legal Notice No. 44 of 1977.

(4) Every appeal shall be made by filing with the court, within thirty days from the date of service of the notice under the provisions of paragraph (1), or paragraph (2), as the case may be, a written memorandum of appeal stating the grounds upon which the appeal is made and, where the appellant is other than the Council, there shall be annexed to the memorandum a copy of the notice required by the provisions of paragraph (5) to be delivered to the Council.

(5) When the appellant is other than the Council he shall at least seven days before a memorandum of appeal is filed with the court serve on the Council and any respondent a notice in writing of the intended appeal stating the grounds thereof.

(6) The court may for good and sufficient reason allow an appeal out of time.

(7) On an appeal under this section, the court shall as it thinks just, either confirm the valuation or re-examination or direct the rate book to be altered to give effect to the contention of the appellant as far as that contention appears to the court to be well founded.

(8) The provisions of the law relating to the trial of a civil action in a magistrates' court shall apply, in so far as they may be applicable, to the hearing of an appeal under this section and the magistrate shall have and may exercise all the jurisdiction and powers conferred upon him by such law including the power to award costs.

(9) The deposit referred to in paragraph (1) shall be held by the Council and shall be paid into the funds of the Council unless the re-examination or the valuation decided on appeal reduces the amount of the original valuation by more than ten per cent.

(10) The Council shall make such amendments to the rate book as may be necessary to make it conform with the court's decision.

(11) An appeal shall not prevent the recovery of any rate until such appeal shall have been decided but, where an alteration in the rate book is made by the court which affects the amount of any rate levied in respect of the property, the difference, if too much has been paid, shall be repaid or allowed or, if too little has been paid, shall be paid and may be recovered as if it were arrears of rates.

Making of land rate

34.-(1) Every land rate shall be made for the period of one year commencing on 1 January next succeeding the date on which the rate is approved by resolution of the Provincial Council.

(2) As soon as practicable after the making of a land rate, the Provincial Council shall-

(a) exhibit at the offices of the Provincial Council; and

(b) publish in two successive issues of the Gazette and of a newspaper published in the Fijian language and circulating in Fiji; and

(c) publish in such other manner as the Council shall consider to be in accordance with local custom,

a notice stating the amount of the rate and the date it is due.
(Amended by Legal Notice 80 of 1977.)

Demand notice

35. After a rate has been made and notified and the entries have been made in the rate book, the Council shall serve upon every person liable to pay land rate, or in the case of a land owning unit, upon its nominee, a demand notice stating-

(a) the land upon which the rate is assessed;

(b) the valuation made in respect of such land;

(c) the period in respect of which the rate is levied; and

(d) the amount payable and the date upon which payment is due.

Methods of payment

36.-(1) When a land owning unit has been assessed for land rate, the registered members of such unit may authorise, and in the case of land leased or licensed under the provisions of paragraph (5) of regulation 37, shall be deemed to have authorised, the Native Land Trust Board to deduct the amount of the rate from moneys owing to such unit or may apportion the amount of such rate among themselves and shall inform the Council of details of such apportionment and the Council shall register the apportionment upon being satisfied that the majority of the registered members of such unit are willing to accept such apportionment:

Provided that the Council may, when in its opinion such an apportionment would work in an inequitable manner and thereby cause hardship to any individual or class of individuals, require the amendment or modification of such apportionment.
(Amended by Local Government Notices 15 of 1969; 5 of 1971.)

(2) When the Council has registered an apportionment under the provisions of paragraph (1), such apportionment shall be binding upon all the registered members of the unit.
(Inserted by Local Government Notice 5 of 1971.)

(3) Where the rateable land is subject to a lease or a licence, the owner shall be responsible for the payment of land rate levied upon such rateable land except that, in the case of a lease or licence negotiated under the provisions of paragraph (5) of regulation 37, the Native Land Trust Board shall be responsible for the payment to the Council of such rate out of the rent received by it and the receipt of the Council for any such payment shall operate as a discharge to the owner to the extent of such payment.

Enforcement of payment of land rate

37.-(1) If, after a period of thirty days from the date upon which a land rate becomes due and payable in accordance with the provisions of regulation 34, any rate payer (including any person liable to pay any apportioned part of any rate) fails to pay any rate due by him, the Provincial Council, or any officer authorised in writing by the Provincial Council so to do, may cause a written demand to be served upon such rate payer or upon the Native Land Trust Board under the provisions of section 14 of the Native Land Trust Act to pay the amount stated in such demand within thirty days of the date of service thereof and, in the event of such rate payer failing to make payment of the amount due within such period of thirty days, the Provincial Council may issue and cause to be executed a warrant in the form set out in the Fifth Schedule for levying the amount with costs by distress and sale of the goods and chattels found on the premises of the rate payer, and such warrant shall authorise the person executing the same or his assistant to remain on the premises during the interval between such distress and sale, whether such authority be expressed or not in the warrant.
(Amended by Legal Notice 48 of 1968; Local Government Notice 7 of 1969.)
(Cap. 134.)

(2) No sale of such goods and chattels shall be made until the end of five days after the warrant of distress has been executed, unless such goods are perishable, or on the request of the rate payer whose goods and chattels are seized. (Inserted by Legal Notice 95 of 1972.)

(3) The sale shall be by public auction after such advertisement as the Provincial Council shall direct. All goods and chattels sold shall be sold publicly and for ready money by the Provincial Council or its agent to the highest bidder. The Provincial Council or its agent, as the case may be, shall cause a notice of the sale and of the day and place thereof to be affixed to or placed on or as near as may be to the place where the sale is actually to take place, three days at least before the day appointed for the sale. (Inserted by Legal Notice 95 of 1972.)

(4) Any amount of land rates overdue shall bear interest at the rate of seven and one-half per cent per annum.

(5) When any land rate imposed upon any rateable land remains unpaid for a period of two years after such rate shall have become due and payable, the Provincial Council may make an application to a resident magistrate* for an order that the Native Land Trust Board should endeavour to negotiate a lease or licence of such land in which case the rent received by the Native Land Trust Board, less such deductions as are permitted under the provisions of the Native Land Trust Act, shall be paid to the Provincial Council until all arrears of such land rate and interest thereon have been duly paid.
* See Legal Notice No. 44 of 1977.
(Cap. 134.)

(6) Notwithstanding the other provisions of these Regulations, a Provincial Council may, by resolution, waive the whole or any part of any amount due in respect of a land rate and interest thereon from any owner and any costs incurred for the purpose of recovering that amount, if it appears to such Council that the amount is irrecoverable.
(Amended by Local Government Notice 7 of 1969.)

(7) Where a warrant issued by one province is to be executed in another the clerk of the latter province shall, upon request being made by the former, endorse the warrant for execution in that province and such warrant may then be executed as if it had been issued by that province.
(Inserted by Local Government Notice 7 of 1969.)

(8) The costs recoverable in respect of the execution of the warrant issued under the provisions of paragraph (1) shall be-

(a) if the warrant is executed within the province where the warrant is issued, $2; and

(b) in any other case, $4. (Inserted by Local Government Notice 7 of 1969.)

Native Land Trust Board may be requested to grant leases or licences of land

38.-(1) In order to pay the whole or any part of the land rate payable in respect of any rateable land, the owner of such land may at any time request the Native Land Trust Board to arrange for a portion of such land to be leased or licensed whereupon the provisions of paragraphs (2) and (3) shall apply.

(2) The Native Land Trust Board upon receiving a request in pursuance of the provisions of paragraph (1) may endeavour to arrange for such land to be leased or licensed either to any person or to the Provincial Council in which case the rent received in respect of such land, less such deductions as are permitted under the provisions of the Native Land Trust Act, shall be applied first in the payment to the Provincial Council of the land rate due and the balance, if any, shall be paid to the owner of such land.
(Cap. 134.)

(3) Where, under the provisions of paragraph (1), the Native Land Trust Board endeavours to lease or grant a licence over any land and it appears to such Board that there is no person who is prepared so to take a lease or a licence, the Board shall inform the Council accordingly, and such land may be exempt from the levy of land rate for such period as the Provincial Council shall determine, having first made such inquiries as it deems necessary from the Native Land Trust Board.

(4) In the event of the owner cultivating or making use of, or permitting any other person to cultivate or make use of such land, the exemption of such land from the payment of land rate shall thereupon determine and the owner thereof shall make payment to the Provincial Council of any land rate due or becoming due in respect of such land with effect from the date of such handing over of possession to the owner or of the commencement of such cultivation or user.

Saving of existing provincial rate

39.-(1) The provisions of this Part shall come into operation in such provinces and from such dates as the Fijian Affairs Board may at the request of such Provincial Councils, by notification in the Gazette and in a newspaper published in the Fijian language and circulating in Fiji, determine. (Amended by Legal Notice 80 of 1977.)

(2) Until such time as this Part has been applied to any province in accordance with the provisions of paragraph (1), the provisions of Part VII shall apply in such province.

PART VII - PROVINCIAL RATE

Provincial rate

40.-(1) Until such time as the provisions of Part VI have been applied, a Provincial Council may, by resolution, impose a rate (hereinafter referred to as the provincial rate) upon every male Fijian registered as a land owner of a province between the ages of twenty-one and sixty years who is not exempted under regulation 42.
(Amended by Local Government Notice 15 of 1969.)

(2) Every such resolution shall state the amount of the rate and method and time of collection.

Registration as rate payer

41.-(1) Every male Fijian registered in the register of land owners in the province shall, within two months after he reaches the age of twenty-one years, register himself at the provincial office or with the Central Fijian Treasury, as a rate payer of the province in which he is so registered.

(2) Any Fijian who, without lawful excuse, fails to register himself in accordance with the provisions of paragraph (1) shall be liable on conviction to a fine not exceeding $10 or to imprisonment not exceeding one month.

Exemptions

42. The following persons shall be exempted from the payment of provincial rates:-

(a) Fijians undergoing a course of training or instruction approved by the Fijian Affairs Board;

(b) Fijians detained as patients in any leprosy or mental hospital;

(c) Fijians incapacitated from work by physical disability on production annually of a certificate to that effect under the hand of a Government medical officer;

(d) such other classes of Fijians approved by the Minister;

(e) such other individual Fijians, recommended by the chairman of the Provincial Council, as the Minister may approve. (Amended by Legal Notice 112 of 1970.)

Recovery of provincial rates

43.-(1) The Provincial Council of every province in which a provincial rate is leviable in 1968 shall, at least one month before the date on which such rate becomes due and payable, publish in Na Mata a list of all persons liable to pay such rate and each such Provincial Council shall every year thereafter while such rate remains leviable prepare and publish in the like manner, at least one month before such rate becomes due and payable in each succeeding year, a list of all persons on the former list whose liability to pay the provincial rate ceases during that year and of all persons not on the former list who become liable during that year to pay that rate.

(2)	(a) Any person whose name appears on a list of persons liable to pay the provincial rate published as aforesaid may, at any time before the date on which such rate becomes due and payable, object to the Provincial Council and the Provincial Council may either uphold or overrule such objection.

(b) Where the Provincial Council upholds an objection made under the provisions of sub-paragraph (a) the person objecting shall not be required to pay the provincial rate.

(c) Any person whose objection has been overruled under the provisions of this subsection may within sixty days after the date of the Provincial Council's decision overruling the objection, appeal against such decision in writing to the Minister.

(d) An appeal under the provisions of sub-paragraph (c) shall be lodged with the Roko Tui of the province within the specified period for transmission to the Minister.

(3) Where any person liable to pay a provincial rate makes default in payment thereof the Provincial Council may-

(a) after the expiry of thirty days from the date on which such rate became due and payable; or

(b) where an appeal lodged under the provisions of paragraph (2) is disallowed, after the expiry of thirty days from the date of the decision disallowing the appeal,

recover any moneys due in respect of such rate in the like manner in which a Provincial Council may recover moneys owing to it in respect of a land rate under the provisions of paragraph (1) of regulation 37 and the provisions of paragraphs (4), (6), (7) and (8) of that regulation shall likewise apply to any moneys due and payable in respect of such provincial rate. (Substituted by Legal Notice 48 of 1968; par. (2) amended by Legal Notice 112 of 1970; par. (3) amended by Local Government Notice 7 of 1969.)

Service of notices, etc.

44. Any notice, demand or other document required by the provisions of these Regulations to be served on any person may be effected:-

(a) personally, or, where the person to be served is a corporate body, personally upon the manager, secretary or assistant secretary of such body; or

(b) by delivery of such notice, demand or other document at or on the premises in which the person to be served resides or carries on business and by leaving the same with any person apparently above the age of eighteen years resident or employed in such premises; or

(c) by posting the notice, demand or other document by prepaid letter addressed to the last known place of abode or business of the person to be served; or

(d) by affixing the notice, demand or other notice on any conspicuous part of the land, building or premises the subject of the notice, demand or other document.

PART VIII - GENERAL

Provincial Council to act on directions of Fijian Affairs Board

45. In carrying out its functions and in exercising its powers under the provisions of these Regulations, a Provincial Council shall act in accordance with such general or special directions as may be given by the Fijian Affairs Board to such Council.

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FIRST SCHEDULE

NUMBER OF MEMBERS OF PROVINCIAL COUNCILS

FIRST PART - ELECTED MEMBERS
(Regulations 3 and 9)

Province	Tikina	Number of elected members	
			
Ba.................................................	Ba.............................................	2	
	Magodro...................................	3	
	Nadi .........................................	2	
	Naviti.......................................	2	
	Nawaka ...................................	3	
	Tavua .......................................	3	
	Vuda .......................................	3	
	Yasawa ...................................	2	
	Total..............................	20	
(Amended by Local Government Notice 11 of 1971; Legal Notice 68 of 1979; 37 of 1981; 75 of 1981.)

Bua ....................................................	Bua .........................................	2	
	Vuya........................................	3	
	Wainunu..................................	2	
	Total..............................	7	
(Amended by Legal Notice 95 of 1980.)

Cakaudrove....................................	Cakaudrove.......................... 	3	
	Nasavusavu ....................	2	
	Saqani ...........................	2	
	Tunuloa.........................	2	
	Vaturova .......................	2	
	Wailevu .........................	2	
	Wainikeli .......................	2	
	Total...........................	15	
(Amended by Local Government Notice 10 of 1971.)

Kadavu ............................................	Nabukelevu...............................	2	
	Naceva ......................................	2	
	Nakasaleka ..............................	2	
	Tavuki .....................................	3	
	Total.............................	9	

Lau ………………………………….	Cicia …………………………	1	
	Kabara .....................................	1	
	Lakeba ....................................	2	
	*Lomaloma .............................	1	
	Matuku ....................................	1	
	Moala ......................................	1	
	Moce ........................................	1	
	Mualevu ..................................	1	
	Nayau ......................................	1	
	Oneata .....................................	1	
	Ono..........................................	1	
	Totoya .....................................	1	
	Vulaga .....................................	1	
	Total.............................	14	
* Includes the island of Kanacea, Naitauba, Katafaga, Mago and Munia.

Lomaiviti ...........................................	Batiki.......................................	1	
	Gau..........................................	2	
	Koro........................................	2	
	Moturiki ..................................	1	
	Nairai ......................................	1	
	†Ovalau.....................................	2	
	Total..............................	9	

† Includes the islands of Makogai and Wakaya.
(Amended by Legal Notice 170 of 1978.)

Macuata .............................................	Cikobia ...................................	1	
	Dogotuki .................................	1	
	Labasa .....................................	2	
	Macuata ..................................	2	
	Sasa.........................................	1	
	Total.............................	7	

Nadroga/Navosa................................	Baravi......................................	1	
	Cuvu.........................................	1	
	Malolo ....................................	1	
	Malomalo ...............................	2	
	Navosa ....................................	2	
	Ruwailevu................................	1	
	Sigatoka ...................................	2	
	Vatulele ...................................	1	
	Total.............................	11	

Naitasiri ...........................................	Lomaivuna................................	2	
	Matailobau................................	2	
	Naitasiri ....................................	3	
	Waimaro ...................................	1	
	Wainimala .................................	1	
	Total.............................	9	
(Amended by Legal Notice 95 of 1980.)

Namosi................................	Namosi.....................................	1	
	Veivatuloa ...............................	2	
	Wainikoroiluva ........................	3	
	Total..............................	6	

Ra......................................	Nakorotubu..............................	2	
	Nalawa......................................	2	
	Rakiraki ...................................	2	
	Saivou.......................................	2	
	Total............................	8	
(Amended by Local Government Notice 6 of 1971.)

Rewa .................................................	Bega..........................................	1	
	Noco.........................................	2	
	Rewa ........................................	2	
	Suva .........................................	2	
	Total..............................	7	

Serua ..................................................	Nuku ........................................	2	
	Serua ........................................	4	
	Total.............................	6	

Tailevu...............................................	Bau ...........................................	4	
	Nakelo ......................................	3	
	Sawakasa .................................	3	
	Verata.......................................	3	
	Wainibuka ...............................	3	
	Total…..........................	16	
(Amended by Legal Notice 68 of 1979.)

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SECOND PART - NOMINATED CHIEFS
(Regulation 3)

(Amended by Legal Notice 82 of 1967; 184 of 1977.)

Province	Number of nominated chiefs	
Ba...........................................................................................................	5	
Bua ........................................................................................................	3	
Cakaudrove............................................................................................	4	
Kadavu ..................................................................................................	2	
Lau ........................................................................................................	4	
Lomaiviti ………………………………………………………………	2	
Macuata .................................................................................................	3	
Nadroga/Navosa ...................................................................................	4	
Naitasiri ................................................................................................	3	
Namosi..................................................................................................	2	
Ra..........................................................................................................	4	
Rewa .....................................................................................................	4	
Serua .....................................................................................................	2	
Tailevu ……………………………………………………………….	5	

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THIRD PART - CLOSELY SETTLED AREAS
(Regulation 3)

(Amended by Local Government Notice 15 of 1969; Legal Notice 82 of 1974; 64 of 1983.)

Suva- the area within a radius of seven miles from Central Post Office.
Lautoka- the area within a radius of four miles from the Lautoka Post Office.
Ba- the area within a radius of three miles from the Ba Post Office.
Labasa- the area within a radius of three miles from the Labasa Post Office.
Levuka- the area within a radius of two miles from the Levuka Post Office.
Lomaivuna- Sectors 1 to 8 (inclusive) of the Lomaivuna Development Scheme.
Naboro- the area within the Naboro Prison complex.
Nadi- the area within a radius of two miles from Nadi Post Office.
Nausori- the area within a radius of three miles from Nausori Post Office.
Pacific Harbour Development, Deuba- the area within Phase I, the Low Cost Housing, Vunibuabua settlement, the Nursery, the Fiji Electricity Authority station and the Public Works Department water treatment plant.
Savusavu- the area within a radius of one mile from Savusavu Post Office.
Seagaqa- the Bulivou, Natua and Solovi sectors of the Seaqaqa Development Scheme.
Sigatoka- the area within a radius of three miles from Sigatoka Post Office.
Namaka Airport- the area included within the boundaries of Nadi International Airport at Namaka, as from time to time defined under provisions of any order relating to civil aviation and aerodromes.
Vatukoula Gold Fields- within the area at Vatukoula in respect of which the Emperor Gold Mining Company Limited holds the freehold title.
Waibau- the Batiki, Bureni, Lower Waibau, Naqaraivi and Vatudavila settlements.

Province	Number of nominated chiefs	
Ba...........................................................................................................	2	
Bua ........................................................................................................	2	
Cakaudrove............................................................................................	2	
Kadavu ..................................................................................................	2	
Lau ........................................................................................................	2	
Lomaiviti ………………………………………………………………	2	
Macuata .................................................................................................	2	
Nadroga/Navosa ...................................................................................	2	
Naitasiri ................................................................................................	2	
Namosi..................................................................................................	2	
Ra..........................................................................................................	2	
Rewa .....................................................................................................	2	
Serua .....................................................................................................	2	
Tailevu ……………………………………………………………….	2	

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SECOND SCHEDULE
(Regulation 10)

(Amended by Legal Notice 80 of 1977; 64 of 1983.)

RULES FOR THE PREPARATION OF ELECTORAL ROLLS

Notice calling for applications to register

1. As soon as possible after 21 October 1966, each registration officer shall issue a notice in a newspaper published in the Fijian language and circulating in Fiji as in Form A annexed to these Rules calling upon every person qualified to be registered as an elector to apply during the period specified in such notice to such registration officer for his name to be entered on the electoral roll for the tikina in which he is entitled to be registered.
(Form A.) 

Applications

2. Every application for registration as an elector shall be as in Form B annexed to these Rules and shall be witnessed by, and the declaration made before, one of the following persons:-

(a) a registration officer;

(b) a Roko Tui, Assistant Roko, Treasurer or the Clerk of the Provincial Council;

(c) a barrister and solicitor;

(d) the coconut subsidy officer, an agricultural officer, assistant agricultural officer, fisheries officer, assistant fisheries officer, veterinary officer, livestock officer, field officer, field assistant or veterinary assistant of the Agricultural Department;

(e) an Assistant Conservator of Forests, a forest ranger, forester or forest guard;

(f) an education officer or assistant education officer;

(g) a justice of the peace;

(h) a magistrate or a Fijian Magistrate;

(i) a Medical Officer, Dental Officer, health inspector or assistant health inspector, health sister or staff nurse;

(j) a postmaster or assistant postmaster;

(k) a priest or minister of religion;

(l) an assistant registrar, an inspector or an assistant inspector of Co-operative Societies;

(m) a sub-accountant;

(n) a certificated or licensed teacher;

(o) an administrative officer or executive officer;

(p) any other person appointed by the registration officer for the purpose,

and shall be delivered to the registration officer not later than the date specified in the notice issued under the provisions of rule 1.
(Form B.)

Penalty

3. Any person who wilfully makes any false statement or declaration in connection with an application for registration as an elector shall be guilty of an offence and liable on conviction to a fine not exceeding $100 or to imprisonment not exceeding six months or to both such fine and imprisonment.

Division of electoral rolls

4. Each electoral roll shall be divided into as many polling stations as the registration officer may deem appropriate for each tikina and the names of electors shall be arranged alphabetically in order according to the spelling of each first and other names under the polling stations at which such electors are to cast their votes.

No person to apply to be registered more than once

5. No person may apply to be registered as an elector under more than one polling station in any tikina nor in any tikina in which he is not qualified to be registered as an elector and any person contravening the provisions of this rule shall, unless he has withdrawn his previous application, be guilty of an offence and on conviction shall be liable to a fine of $100.

Inquiries by registration officer

6. For the. purpose of satisfying himself as to the qualifications of any applicant for registration as an elector, a registration officer may make such inquiries as he may deem necessary.

Objections

7.-(1) As soon as possible after the expiry of the time allowed for receiving applications to register as electors, the registration officer shall give notice in the Gazette, in a newspaper published in the Fijian language and circulating in Fiji and in such other manner as he shall think fit that the electoral roll or a copy thereof is open to inspection at all reasonable hours at the office of the registration officer and such other places as may be specified in such notice.

(2) Within twenty-eight days after the publication of the notice in the Gazette, under the provisions of paragraph (1), any person whose name appears on an electoral roll may object to another person's name appearing on the same electoral roll. Any such objection shall be in Form C annexed to these Rules and must be received by the registration officer of the tikina within the said period allowed for such objections.
(Form C.)

(3) On receiving such objection the registration officer may make such inquiries as he considers advisable.

(4) If the registration officer finds that there is no merit in such objection or that it is frivolous, he shall dismiss the objection and shall notify the person who lodged the objection.

(5) If the objection is not dismissed as hereinbefore provided, the registration officer shall send a notice by registered post requiring the person against whom the objection is lodged to answer to the objection and shall state the time within which such person must answer to the objection either in person or in writing. If such person does not answer the objection within the time allowed, the registration officer shall proceed to deal with the objection and may either dismiss or sustain such objection.

(6) In every case in which an objection is sustained, the registration officer shall notify the elector concerned and shall thereafter remove his name from the electoral roll. In every case in which the objection is dismissed, the registration officer shall notify the objector and the elector concerned.

Settling the objections and publication of electoral roll

8. Each registration officer shall settle all such objections within twenty-one days of the expiry of the time stipulated for lodging objections and shall thereafter proceed to have the names, addresses and occupations of all qualified electors published, giving each elector a serial number.

Revision of electoral roll

9. The electoral rolls shall be revised fully at such times as the registration officer may deem necessary but at least once in every two years.

Notice of revision

10. Whenever the electoral rolls are to be revised, the registration officer shall publish a notice to that effect in the Gazette and in a newspaper published in the Fijian language and circulating in Fiji and shall call upon all persons duly qualified to apply for registration, or in the case of persons already on the electoral roll who claim to be qualified, to apply to have their names retained on such roll.

Preparing revised electoral rolls

11. In preparing revised electoral rolls the preceding regulations shall mutatis mutandis apply.

Transfers

12. Any elector who by reason of change of residence has lived in any other tikina for not less than six months in the aggregate of the immediately preceding one year, and is otherwise qualified to be registered as an elector in such tikina, may apply, on Form D annexed to these Rules, to the registration officer to have his name transferred to the tikina in which he then resides. Any elector may also apply on the same form to have his name transferred from one polling station to another polling station for the same tikina.
(Form D.)

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FORM A
(Rule 1)

.......................................... PROVINCIAL COUNCIL 
.......................................... TIKINA

All persons duly qualified to be registered as electors for the ……………… tikina who desire to have their names inserted in the electoral roll for such tikina are hereby required to present their claims in writing as in Form B to me before the ………. day of …………., 19…

Dated at this …………. day of ………, 19…

Registration Officer

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FORM B
(Rule 2)

.......................................... PROVINCIAL COUNCIL

.......................................... TIKINA

To the Registration Officer,

FORM OF APPLICATION TO BE REGISTERED AS AN ELECTOR

I hereby apply to have my name inserted in the electoral roll for the above-named tikina.

Name in full:..................................................................................................
Mataqali and Yavusa: ....................................................................................
Occupation: ....................................................................................................
Address in full:................................................................................................

I wish to cast my vote at the ………………….. Polling Station.
(A list of polling stations is on the reverse)

My qualifications are as follows:-

(1) I am a Fijian of or over the age twenty-one years;

(2) I am able to understand and speak the Fijian language; and

(3) I have been resident in the above-named tikina for a period of more than six months in the aggregate out of the immediately preceding one year; or

(4) I am registered in the register of land owners, or am the registered proprietor of freehold land liable to the payment of land rate, in the above-mentioned tikina.

I hereby declare that the above particulars respecting my claim are true to the best of my knowledge and belief.

...................................
Signature of Applicant

Declared at ……….. this …………. day of …………, 19…

Before me:

.....................................................
(Name in full of Witnessing Officer)	..................................
Witnessing Officer	

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FORM C
(Rule 7)

.......................................... PROVINCIAL COUNCIL
.......................................... TIKINA

NOTICE OF OBJECTION

To the registration officer for the ……………………………… tikina, and to [the name and address of the person objected to]

I ……………. a person whose name appears in the electoral roll for the ………….. tikina under number ……………….. hereby give you notice that I object to the name of …………….. numbered ………….. being retained in the said roll on the ground that [here state ground of objection].

Dated ………………. day of ………………, 19…

Signature of person objecting

Note.-This notice must be sent to the registration officer in whose roll appears the name of the person objected to, or if the person objected to is not already on the roll, to the registration officer within whose area the person objected to resides. A signed copy must also be served on the person objected to.

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FORM D
(Rule 12)

PROVINCIAL COUNCIL

APPLICATION FOR TRANSFER TO ANOTHER TIKINA/POLLING STATION

To the registration officer

I ……………. formerly of ……………. and now residing at ……………… being a duly qualified person enrolled as No. ……… on the electoral roll for the …………… tikina hereby EITHER apply to have my name transferred to the ……………. tikina in which I now reside and I request that my name appear in the said roll for the …………… tikina at the ……………….. polling station/OR to have my name transferred from the roll for the ………….. polling station to the roll for the ………….. polling station.

I hereby declare that the above particulars respecting my application for transfer are true to the best of my knowledge and belief.

Signature of applicant 

Declared at …………. the ………………day of ………, 19…

Before me:
..........................................
Witnessing Officer

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THIRD SCHEDULE
(Regulation 12)

RESIDENCE IN TIKINA

Land Owing Unit	Village	Tikina	

YAVUSA - Vidilo 
Mataqali - Vidilo 
Tokatoka - Navitua 
Nabaoli 
Nawaqatabu 
Nadala
Mataqali - Ketenatukani 
Tokatoka - Korotu 
Mataqali - Nadakuvatu
Tokatoka - Vunimoli
Namaravulevu 
Natabuwai 
Mataqali - Nanuku 
Tokatoka - Nagevoli 
Mataqali - Noibatiri 
Tokatoka - Batiri 
Mataqali - Nakurakura 
Tokatoka - Nubu 
Mataqali - Natubamasi 
Tokatoka - Navitavani	Namoli	Vuda	

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FOURTH SCHEDULE
(Regulation 18)

(Amended by Legal Notice 112 of 1970; 80 of 1977.)

RULES FOR THE ELECTION OF MEMBERS OF PROVINCIAL COUNCILS

PART I - NOMINATIONS

Returning officers

1. Each Provincial Council shall appoint a returning officer and such assistant returning officers as may be necessary to perform the duties of a returning officer under the provisions of these Rules.

Notice of nomination day

2. Forthwith upon receipt of a writ of election, the returning officer shall publish a notice as in Form A annexed to these Rules of the day, times and place named for the nomination of candidates and such notice shall be publicly exhibited in all provincial offices, and in such other public places as the returning officer considers expedient, in the tikina.
(Form A.)

Qualification for nomination

3. Any person not ineligible for election may be nominated as a candidate for election.

Nominations

4. Every nomination paper shall be as in Form B annexed to these Rules and shall be accompanied by a deposit of $10. Such nomination paper shall be signed by the candidate and each of his proposers.
(Form B.)

Supply of forms of nomination paper

5. The returning officer shall, at any time not more than three days before the date fixed for nominations and before the hour of 12 noon on nomination day, supply a nomination paper to any registered elector who applies for one.

Delivery of nomination paper

6. Every nomination paper signed in the required manner and accompanied by the deposit prescribed in rule 4 shall be delivered to the returning officer by the candidate or by one of his proposers between the hours and at the place appointed for the nomination of candidates.

Persons entitled to attend election proceedings

7. On the day appointed for the nomination of a candidate for any tikina, every candidate and one of his proposers and one other person selected by the candidate, and no persons other than the aforesaid shall except for the purposes of assisting the returning officer, be entitled to attend the proceedings during the time appointed for nomination.

Examination of nomination papers

8. The returning officer shall permit the candidates and one proposer selected by each candidate, to examine the nomination papers of candidates which have been received for the tikina concerned.

Description .of candidates in nomination papers

9.-(1) Each candidate shall be described in the nomination paper in such manner as, in the opinion of the returning officer, is calculated sufficiently to identify such candidate.

(2) No objection to a nomination paper on the ground that the description of the candidate therein is insufficient or that the nomination paper is not in accordance with these Rules shall be allowed or deemed to be valid, unless such objection is made by the returning officer or by some other person within one hour after the time of delivery of the nomination paper.

Where candidates unopposed

10. If, at the expiry of the time provided for the delivery of nomination papers, candidates not exceeding the number to be elected for the tikina are nominated, the returning officer shall forthwith publicly declare such candidates to be elected, and shall endorse the writ of election and return it to the Minister, who shall cause a notification of such result to be published in the Gazette and in a newspaper published in the Fijian language and circulating in Fiji and in such other manner as he shall think fit.

Withdrawal of candidate.

11. A candidate may, not later than twenty-four hours after the closing of the nominations, withdraw from his candidature by giving notice signed by him to that effect to the returning officer.

Where candidates are opposed

12. If more candidates than the number to be elected are duly nominated for any tikina, the returning officer shall adjourn the election for the purpose of taking a poll, and shall report to the Minister the names of the candidates as described in their respective nomination papers.

Notice that poll will be taken

13. Upon receipt of such report, the Minister shall cause to be published in the Gazette, in a newspaper published in the Fijian language and circulating in Fiji and also in such other manner as he may think fit, a notice specifying-

(a) the tikina for which a poll will be taken;

(b) the date or dates on which the poll will be taken;

(c) the names of the candidates as described in their respective nomination papers; and

(d) the places at which a poll will be taken.

Death of candidate before poll taken

14. If, when an election has been adjourned for the purpose of taking a poll, one of the candidates nominated dies before the poll has commenced, the Minister or, in the case of a by-election, the chairman of the Provincial Council, shall, upon being satisfied of the fact of such death, countermand the notice for the poll and shall appoint a fresh date for the election. In such case all proceedings with reference to the election shall be re-commenced:

Provided that no new nomination shall be required in respect of a candidate who had been duly nominated at the time of the countermand of the poll.

PART II - THE POLL

Presiding officers

15. The returning officer shall appoint a person (in these Rules called a "presiding officer") to preside at each polling station. Such presiding officer shall be supplied with a copy of the electoral roll containing the names of electors registered in respect of his polling station.

Deputy presiding officers

16. The returning officer may appoint at each polling station one or more deputy presiding officers, one of whom, to be selected by the presiding officer, shall act as presiding officer in the event of illness or unavoidable absence of the presiding officer. A deputy presiding officer when so acting shall exercise all the powers and perform all the duties of the presiding officer under these Rules.

Restriction of voting to proper polling stations

17. No person shall be admitted to vote at any polling station except the one under which he is registered.

Times for opening and closing poll

18. Unless the Minister otherwise specifies in the notice referred to in rule 13, the poll shall open at 7.30 a.m. and shall close at 5.30 p.m. on the same day.

Duty of presiding officers

19. The presiding officer shall keep order in his polling station, and shall regulate the number of electors to be admitted at a time, and shall exclude all other persons, except the Minister, the returning officers, the assistant returning officers, the clerks, the candidates, not more than one agent in respect of each candidate and the constables or police officers, if any, on duty.

Form of ballot papers

20. Each ballot paper shall be capable of being folded up and shall-

(a) contain a list of the candidates as described in their respective nomination papers, arranged alphabetically in order according to the spelling of their first and other names;

(b) have a number printed on the back thereof;

(c) have attached a counterfoil on which shall be printed the same number as appears on the back of the ballot paper; and

(d) so far as is possible, be in the Form C annexed to these Rules.
(Form C)

Ballot boxes

21.-(1) Every ballot box shall be so constructed that the ballot papers can be inserted therein, but cannot be withdrawn therefrom without the box being unlocked.

(2) The presiding officer shall, immediately before the commencement of the poll, show the empty unlocked ballot box to such persons, if any, as may be present in the polling station, so that they may see that it is empty. The presiding officer shall then lock the ballot box and place his seal upon it in such a manner as to prevent it being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed.

Delivering of ballot papers to electors

22.-(1) Immediately before a ballot paper is delivered to an elector it shall be marked on the back thereof with an official mark, either stamped or perforated.

(2) The serial number, name and description of the elector, as stated in the copy of the electoral roll, shall then be called out, and the serial number of such elector shall be marked on the counterfoil, and a mark shall be placed on the roll against the number of the elector to denote that he has received a ballot paper.

(3) The presiding officer, or any person authorised by him for the purpose, may require any applicant for a ballot paper to furnish, to the satisfaction of the presiding officer or person so authorised, proof of his identity.

Manner of voting

23.-(1) The elector on receiving the ballot paper shall forthwith proceed to a place screened from observation, which shall be provided by the presiding officer.

(2) Each elector shall be entitled to vote at the polling station under which he is registered, for the same number of candidates as there are members to be elected in respect of the tikina in which he is registered.

(3) The elector shall record his vote by making the sign of a tick (√) in the space provided on the ballot paper alongside the name of the candidate or candidates, in the case of a tikina returning more than one member, for whom he wishes to vote.

(4) The elector shall then fold the ballot paper so as to conceal his vote, and insert the ballot paper, so folded, into the ballot box.

(5) He shall vote without undue delay, and shall quit the polling place as soon as he has inserted his ballot paper into the ballot box.

Spoilt ballot papers

24. An elector who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering to the presiding officer the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in these Rules called a "spoilt ballot paper"), and the spoilt ballot paper shall be immediately cancelled by the presiding officer.

Provision where elector unable to mark ballot paper

25. If any elector states that he is unable to mark his ballot paper, the presiding officer shall if he is satisfied of such inability-

(a) cause the ballot paper of such elector to be marked as the elector directs, and then insert the ballot paper in the ballot box; and

(b) write in the register opposite the name of such elector a statement of the fact that the ballot paper was marked by him at the request of the elector, and the reason therefor.

Application for ballot paper in name of person who has already voted

26.-(1) If a person representing himself to be a particular elector named in the electoral roll applies for a ballot paper after another person has voted as such elector, the applicant shall, upon making and subscribing a declaration in the following form, be entitled to mark the ballot paper in the same manner as any other elector:-

FORM OF DECLARATION

I, A. B., of ……………………… solemnly and sincerely declare that I am the same person whose name appears as A. B., No. ………………… in the electoral roll in force for the …………………….. tikina.

Witness: C. D.

(Signed) A. B.

(2) Such ballot paper (in these Rules called a "tendered ballot paper") shall be of a colour different from the other ballot papers, and, instead of being put into the ballot box, shall be given to the presiding officer and endorsed by him with the name of the elector, and his serial number in the electoral roll.

(3) Such papers shall be set aside in a separate packet and shall not be counted by the returning officer.

(4) The name of the elector and his serial number on the roll shall be entered on a list (in these Rules called the "tendered votes list").

No communication to be made with elector in polling station

27. No person other than the returning officer, presiding officer or a deputy presiding officer shall have any communication whatsoever with an elector while such elector is in a polling station for the purpose of receiving a ballot paper and recording his vote thereon. Should any such communication take place, the presiding officer may order such person to leave the polling station.

Despatch of ballot boxes, etc., to returning officer

28. The presiding officer of each polling station shall, as soon as practicable after the close of the poll, in the presence of the agents (if any) of the candidates, make up into separate packets, seal with his own seal and the seals of the agents of the candidates who desire to affix their seals-

(a) the ballot box unopened, but with the key attached;

(b) the unused and spoilt ballot papers placed together;

(c) the marked copies of the electoral roll and the counterfoils of the ballot papers; and

(d) the packet containing the tendered ballot papers and the tendered votes list,

and shall despatch or hand over such packets and ballot box to the returning officer.

PART III - COUNTING VOTES

Notice of time for counting

29.-(1) The returning officer shall make arrangements for counting the votes as soon as practicable after he has received all the ballot boxes relating to any tikina, and for that purpose shall give notice in writing of the time and place at which he will begin to count the votes.

(2) Each candidate and one agent in respect of each candidate shall have the right to be present at the counting of the votes.

Counting the votes

30.-(1) The returning officer shall then mix together the whole of the ballot papers contained in all the different ballot boxes for that tikina and shall then count the votes recording as he proceeds the number of votes given for each candidate. While counting the ballot papers and in counting the votes the returning officer shall keep the ballot papers with their faces upward and take all proper precautions for preventing any person seeing the number printed on the back of such papers.

(2) The returning officer shall, so far as practicable, proceed continuously with the counting of the votes, allowing only time for refreshment.

Void ballot papers

31. Any ballot paper which has not on its back an official mark, or on which votes are given to more candidates than are to be elected from the tikina, or on which anything, except the number on its back, is written or marked by which the vote can be identified, shall be void and shall not be counted.

Marking rejected ballot papers

32. The returning officer shall endorse "rejected" on any ballot paper which he may reject as invalid.

Tendered ballot papers

33. The returning officer shall not open the sealed packet of tendered ballot papers, but shall retain the same, unless such packet is required for the purposes of an inquiry.

Finality of decision of returning officer

34. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final, but, in reaching any such decision, the returning officer shall use his best endeavours to give effect to the obvious intention of the voter.

Declaration of poll

35. When the counting of the votes has been completed, the returning officer shall declare to be elected the candidate or, in a tikina returning more than one member, the required number of candidates to whom the greatest number of votes has been given.

Equality of votes

36. When an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any one or more of the candidates to be declared elected, the determination of the candidate or candidates to whom such one additional vote shall be deemed to have been given shall be made by lot in the presence of the returning officer in such manner as he shall think fit.

Disposal of ballot papers

37. The returning officer shall, upon the completion of the counting and after he has declared the result, seal up the ballot papers and all other documents relating to the election, and shall retain the same for a period of six months, and thereafter, unless otherwise directed by an order of the Fijian Affairs Board, cause them to be destroyed.

Refund of deposit

38. The returning officer shall as soon as may be convenient to him refund to each candidate the deposit of $10 made in accordance with the provisions of rule 4:

Provided that should any unsuccessful candidate fail to obtain one-tenth of the total votes polled for the tikina for which he was a candidate for election, such deposit shall be forfeited to the Provincial Council.

Publication of election

39. The returning officer shall without delay-

(a) publicly declare the name or names of the elected candidate or candidates and of the total number of votes given for each candidate;

(b) endorse the name or names of the elected candidate or candidates on the writ of election;

(c) return the writ of election to the Minister or to the chairman of the Provincial Council, as the case may be;

(d) publish in the Gazette and in a newspaper published in the Fijian language and circulating in Fiji the name or names of the elected candidate or candidates.

______

FORM A
(Rule 2)

………………………...PROVINCIAL COUNCIL

NOTICE OF ELECTION

I, ……………….. the returning officer of ………… tikina, will at [state place where nominations will be received] on the ……………. day of ……….., 19…, between the hours of ………..and …………….. proceed to the nomination, and if there is no opposition, the election of a member/members for the said tikina.

Forms of nomination papers may be obtained at any office between the hours of ……….. and …………………

Every nomination paper must be signed by the candidate, and by at least six proposers supporting the nomination whose names must appear on the electoral roll of the said tikina.

Every nomination paper must be delivered to me by the candidate proposed or by one of his proposers between the hours of ………. and …………. on the said ……….. day of …………., 19…

In the event of the election being contested the poll will take place on the ………… day of ……………………., 19…..

Dated the …………. day of …….., 19…

Returning Officer 
tikina.

_______

FORM B
(Rule 4)

.............. PROVINCIAL COUNCIL

NOMINATION PAPER

We, the undersigned persons whose names appear on the electoral roll for the …………………….. tikina, do hereby nominate [full name of candidate] of [address of candidate] as a proper person for election as a member of the …………… Provincial Council for the ………. tikina.

Signature of Proposer	Address	Occupation	Serial Number on Electoral Roll	
1.
2.
3.
4.
5.
6.
7.				

I assent to the above nomination and give the following address for the ………….. purpose of the election [give full address].

Signature of Candidate

Date:

______

FORM C
(Rule 20)

Number
.........................................................................
Provincial Council

Ballot Paper Counterfoil

Elector's serial number on electoral roll
……………………………………………….	
…………………………………
Provincial Council

BALLOT PAPER
.......................................................... Tikina
	
	1. A. B.	
	2. C. D.	
	3. E. F.	

______

FIFTH SCHEDULE
(Regulation 37)

(Inserted by Local Government Notice 7 of 1969.)

FIJIAN AFFAIRS ACT (CHAPTER 120)

FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

WARRANT OF DISTRESS AND SALE
(Regulations 37 and 43)

To:

You are authorised and instructed pursuant to the provisions of regulation 37/43 of the Fijian Affairs (Provincial Councils) Regulations that of the goods and chattels of ………………. within …………… you cause to be made the sum of $......... and also interest thereon at the rate of seven and one half per cent per annum from the day of ……………., 19…, which said sum and interest became due and payable on that day by the said ………………… to the Provincial Council of ……………………….. as land/provincial rate under regulation 35/40 of the Fijian Affairs (Provincial Councils) Regulations.

And that of the goods and chattels of the said ……………… within ………….. you further cause to-be made the sum of $2/$4 costs.

And that you pay that money and that interest to the Provincial Treasurer of the Province of …………….. immediately after the execution hereof.

And have there then this warrant.

Dated at …………… this ………….. day of ………., 19…

Clerk of Provincial Council.
Province of ……….

______

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

RULES MADE UNDER REGULATION 3

FIJIAN AFFAIRS (PROVINCIAL COUNCILS) (SPECIFIED AREAS ELECTIONS) RULES

TABLE OF PROVISIONS

RULE
1. Short title
2. Fijian Affairs (Provincial Councils) Regulations to apply
3. Towns, etc., to be deemed tikina
4. Registration and returning officers

_______

Rules 9 December 1966, Legal Notice No. 112 of 1970

Short title

1. These Rules may be cited as the Fijian Affairs (Provincial Councils) (Specified Areas Elections) Rules.

Fijian Affairs (Provincial Councils) Regulations to apply

2. Subject to the provisions of these Rules, the provisions relating to the election of members to Provincial Councils contained in the Fijian Affairs (Provincial Councils) Regulations, shall mutatis mutandis apply to the election to Provincial Councils of members to represent residents in closely settled areas specified in the Third Part of the First Schedule to such Regulations (such areas being hereinafter referred to as "specified areas").

Towns, etc., to be deemed tikina

3. For the purpose of electing members to Provincial Councils to represent specified areas, the specified areas specified in the first column of the Third Part of the First Schedule to the Fijian Affairs (Provincial Councils) Regulations, shall collectively be deemed to constitute a tikina of each of the provinces specified in the second column of such Part.

Registration and returning officers

4. The Minister shall appoint such number of registration officers, assistant registration officers, returning officers and assistant returning officers as may be necessary for the purpose of registering electors and of conducting the election to Provincial Councils of members to represent specified areas.

_______

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

BA PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application 
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines 
11. Village drainage 
12. Cleaning of villages 
13. Anti-mosquito precautions 
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding 
23. Copra driers, etc. 
24. Enforcement of By-Laws 
25. Boundaries of villages 
26. Penalties

_________

Local Government Notice No. 10 of 1973, Legal Notice No. 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Ba Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of paragraph (1).

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened so as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

________

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

BUA PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

_______

Local Government Notice No. 20 of 1969, Legal Notices Nos. 112 of 1970, 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Bua Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited, unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from. the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house, are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of paragraph (1). (Amended by Legal Notice 112 of 1970.)

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law S, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi or vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier or cocoa drier shall after 12 September 1969, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores. 
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

______

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

CAKAUDROVE PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

________

Local Government Notice No. 21 of 1969, Legal Notices Nos. 112 of 1970, 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Cakaudrove Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited, unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with -

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house, are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of paragraph (1). (Amended by Legal Notice 112 of 1970.)

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi or vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier or cocoa drier shall, after 12 September 1969 be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

_________

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

KADAVU PROVINCE (EDUCATION RATE) BY-LAWS

TABLE OF PROVISIONS

BY-LAW
1. Short title
2. Application
3. Registration
4. Education rate
5. Interest
6. General
7. Responsibility for enforcement
8. Exemptions
9. Recovery of education rate
10. Service of notices, etc.

_________

Local Government Notice No. 3 of 1971

Short title

1. These By-Laws may be cited as the Kadavu Province (Education Rate) By-Laws.

Application

2. These By-Laws shall apply only to Fijian males between the ages of 21 and 60-

(a) who are members of a mataqali registered as a land owning unit in the province of Kadavu;

(b) who own or lease land within the province of Kadavu and request to be included;

(c) who live on Fijian land in the province of Kadavu and request to be included.

Registration

3.-(1) Every male referred to in paragraph (a) of by-law 2 who has not attained the age of twenty-one years before 12 February 1971, shall, within two months after he reaches the age of twenty-one, register himself at the Provincial Office or Central Fijian Treasury as an education rate-payer of the Province.

(2) Any person over the age of twenty-one years referred to in paragraph (a) of by-law 2 and any person who requests to be a rate-payer as provided in paragraph (b) or (c) of such by-law shall register himself at the Provincial Office during the first sixty days of the year in respect of which the rate is levied.

Education rate

4.-(1) The Council shall, by resolution, levy an education rate of not more than $5.00 per annum which rate shall be paid by each person referred to in by-law 2.

(2) Such resolution shall specify a date on or before which the education rate levied shall be paid.

(3) The education rate shall be calculated so as to cover all expenditure on education approved by the Council.

(4) As soon as possible after the Council has approved the rate at which the education rate is to be levied, details of such rate shall be published in Na Mata and by other means available to the Council.

(5) Such moneys as are paid by ratepayers under the provisions of these By-Laws shall be deposited monthly into an account in the National Bank of Fiji to be called "the Kadavu Education Rate Account".

Interest

5. Any amount of education rate not paid within thirty days of the date upon which payment of such rate is due shall bear interest at the rate of seven and one half per cent per annum.

General

6. Moneys standing to credit of the account referred to in paragraph (5) of by-law 4 shall be withdrawn and paid out in accordance with the estimates on education approved by the Council, and separate accounts shall be kept in respect thereof.

Responsibility for enforcement

7. The Roko or such persons as may be authorised by the Council in that behalf shall be responsible for the enforcement of these By-Laws.

Exemptions

8. The provisions of regulation 42 of the Fijian Affairs (Provincial Councils) Regulations shall apply to the education rate as if such rate were a provincial rate.

Recovery of education rate

9. The provisions of regulation 37 of the Fijian Affairs (Provincial Councils) Regulations shall apply to the education rate as if such rate were a land rate.

Service of notices, etc.

10. Any notice, demand or other document required by these By-Laws to be served, shall be served in accordance with the provisions of regulation 44 of the Fijian Affairs (Provincial Councils) Regulations.

______

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

KADAVU PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

________________

Local Government Notice No. 8 of 1973, Legal Notice No. 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Kadavu Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been properly deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking, shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1970.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of paragraph (1).

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and suficient [sic] supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purposes of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outer-most dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provision of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of these contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provision of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

_______

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

LAU PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws 
25. Boundaries of villages
26. Penalties

______

Local Government Notice No. 9 of 1973, Legal Notice No. 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Lau Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provision of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing in that by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space, of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of paragraph (1).

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection of storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc. not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier, or cocoa drier shall after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-laws or who fails to comply with any of the provisions of these By-laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

______

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

LOMAIVITI PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

______

Local Government Notice No. 11 of 1973, Legal Notice No. 127 of 1979.

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Lomaiviti Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to, such buildings, erections and other work commenced after 1 June 1973.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public heath or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with -

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited well-seasoned bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 129 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorised person is in an insanitary or substandard condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of paragraph (1).

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish, overgrowth and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened so as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, sheep, goat, horse, or pig shall be kept or allowed to remain within 200 feet of any dwelling, school, church or food store in any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be drained, fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outer-most dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) or by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1) any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

______

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

NADROGA/NAVOSO PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burnt

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding 
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

_____

Local Government Notice No. 14 of 1973, Legal Notice No. 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Nadroga/Navosa Province (Public Health) (Villages) By-Laws and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erection and other work connected therewith shall only apply to such buildings, erections and other work commenced after 15 June 1973.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter or material may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the Roko Tui or an Assistant Roko Tui, who shall, wherever practicable only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 12 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional coverings.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commission may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of paragraph (1).

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such conditions and, where appropriate, screen as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burnt, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse and rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc. not to be kept in village

16. No cattle, goat, sheep, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burnt

17. All dead animals shall be buried or burnt.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitted cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier or cocoa drier shall, after 15 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purposes of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other building which for the purposes of this by-law should include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, and by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expenses incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

________

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

NAITASIRI PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

_______

Local Government Notice No. 23 of 1969, Legal Notices Nos. 112 of 1970, 127 of 1979.

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Naitasiri Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

Interpretation

2. In these By-laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited, unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors, of a dwelling-house, are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 in high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of paragraph (1). (Amended by Legal Notice 112 of 1970.)

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier, banana packing shed or cocoa drier shall, after 12 September 1969, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

______

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

NAMOSI PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc. not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

_______

Local Government Notice No. 22 of 1969, Legal Notices Nos. 112 of 1970, 127 of 1979.

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Namosi Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall not be less than 45.7 cm above the ground.

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of paragraph (1). (Amended by Legal Notice 112 of 1970.)

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health, or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi or vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc, not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier, banana packing shed or cocoa drier shall, after 12 September 1969, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9 any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

___________

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

RA PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders.

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned.

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

_________

Local Government Notice No. 13 of 1973, Legal Notice No. 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Ra Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of paragraph (1).

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier, banana packing shed or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws, or who fails to comply with any of the provisions of these By-Laws with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

__________

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

REWA PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding Copra driers, etc.
23. Enforcement of By-Laws
24. Boundaries of villages
25. Penalties

________

Local Government Notice No. 12 of 1973, Legal Notice No. 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Rewa Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 1 June 1973.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the Roko or Assistant Roko, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purposes of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decisions and the Minister may confirm or cancel the order made under the provisions of paragraph (1).

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi, vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse or rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, sheep, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier, banana packing shed or cocoa drier shall, after 1 June 1973, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

____________

SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

SERUA PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

________

Local Government Notice No. 24 of 1969, Legal Notices Nos. 112 of 1970, 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Serua Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 12 September 1969.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been deposited, unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro, who shall, wherever practicable, only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 in from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that, if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional covering.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1) may appeal in writing to the Commissioner of the Division within twenty-eight days or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of paragraph (1). (Amended by Legal Notice 112 of 1970.)

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi or vudi or banana or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burned, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse and rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, goat, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to be buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply to be ensured

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers, to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier or cocoa drier shall, after 12 September 1969, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

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SECTION 6 - FIJIAN AFFAIRS (PROVINCIAL COUNCILS) REGULATIONS

BY-LAWS MADE UNDER REGULATION 22

TAILEVU PROVINCE (PUBLIC HEALTH) (VILLAGES) BY-LAWS

TABLE OF PROVISIONS

PART I - PRELIMINARY

BY-LAW
1. Short title and application
2. Interpretation

PART II - BUILDINGS

3. Healthiness of site
4. Space between dwelling-houses
5. Requirements for dwelling-houses
6. Floors
7. Minimum dimensions
8. State of repair and cleanliness
9. Provincial Council may issue orders

PART III - SANITATION

10. Village latrines
11. Village drainage
12. Cleaning of villages
13. Anti-mosquito precautions
14. Disposal of rubbish
15. Dead animals, etc., not to be thrown in latrines

PART IV - ANIMALS

16. Cattle, etc., not to be kept in village
17. Dead animals to be buried or burned

PART V - WATER SUPPLIES

18. Wholesome water supply to be ensured
19. Wells
20. Maintenance of tanks, etc.
21. No contamination by rubbish

PART VI - GENERAL

22. Overcrowding
23. Copra driers, etc.
24. Enforcement of By-Laws
25. Boundaries of villages
26. Penalties

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Local Government Notice No. 11 of 1972, Legal Notice No. 127 of 1979

PART I - PRELIMINARY

Short title and application

1.-(1) These By-Laws may be cited as the Tailevu Province (Public Health) (Villages) By-Laws, and shall only apply to Fijian villages.

(2) The provisions of these By-Laws relating to the construction of buildings, erections and other work connected therewith shall only apply to such buildings, erections and other work commenced after 29 December 1972.

Interpretation

2. In these By-Laws, unless the context otherwise admits, "authorised person" means a person authorised in writing in that behalf by the Provincial Council, who shall act in accordance with any general directions which may be given in writing by the adviser on public health and approved by the Provincial Council.

PART II - BUILDINGS

Healthiness of site

3.-(1) No person shall construct any dwelling-house upon any site which may have been filled with any noxious matter or upon which material impregnated with noxious matter may have been properly deposited unless such matter or material shall have been properly removed from the site and the resulting depressions filled with clean material.

(2) No dwelling-house shall be erected upon a site which is unhealthy by reason of dampness until such site shall have been rendered healthy, sound and well drained to the satisfaction of the adviser on public health or an authorised person.

(3) Every person who wishes to build a store, dwelling-house, kitchen, dining house or latrine, shall first obtain a site permit from the turaga-ni-koro or Chairman of the Village Committee, who shall, wherever practicable only give such a permit for a particular site after prior consultation with the adviser on public health or his representative authorised by him in writing.

Space between dwelling-houses

4. No dwelling-house shall be constructed at any distance less than 5.5 m from any other dwelling-house. (Amended by Legal Notice 127 of 1979.)

Requirements for dwelling-houses

5. Every dwelling-house shall be provided with-

(a) a kitchen which, in the case of a Fijian style dwelling-house, shall be a separate building not less than 4.6 m in length nor less than 2.7 m in width nor less than 3 m away from any house;

(b) a latrine of a type approved by the adviser on public health:

Provided that if the adviser on public health is of the opinion that separate latrines are impracticable in any village and shall so certify, the provisions of this paragraph shall not apply;

(c) at least two doors and three windows;

(d) either a wooden or a concrete floor or a floor upon which shall be laid coral or river shingle, where procurable, or whatever other material the adviser on public health or an authorised person may consider to be suitable.
(Amended by Legal Notice 127 of 1979.)

Floors

6.-(1) The floor level of every dwelling-house, kitchen and dining house, if any, shall be not less than 45.7 cm above the ground. (Amended by Legal Notice 127 of 1979.)

(2) Where the floors of a dwelling-house are not constructed of wood or concrete, such floors shall have plaited bamboos, coconut leaves or dried grass placed thereon and mats shall be used as additional coverings.

Minimum dimensions

7.-(1) Every dwelling-house shall be not less than 7.3 m in length nor less than 3.7 m in width in the case of a Fijian style house, or not less than 5.5 m in length nor less than 3.7 m in width in the case of a house other than that constructed in the Fijian style.

(2) The walls of each dwelling-house shall be not less than 1.8 m high, or, in the case of a dwelling-house having an iron roof, 2.3 m high.

(3) In a dwelling-house other than that constructed in the Fijian style, a room intended to be used for the purpose of sleeping, eating or cooking shall have a floor space of at least 5.9 sq. m. (Amended by Legal Notice 127 of 1979.)

State of repair and cleanliness

8.-(1) Every dwelling-house, kitchen and dining house, if any, shall at all times be kept by the occupier thereof in a proper state of repair.

(2) Every latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition.

(3) All floors in buildings and the mats and other coverings of such floors shall at all times be kept in a clean and sanitary condition.

Provincial Council may issue orders

9.-(1) The Provincial Council may issue to the occupier of any house in a village an order in writing-

(a) to demolish or repair any dwelling-house, kitchen or dining house which, in the opinion of the adviser on public health or his representative authorised by him in writing-

(i) is unsafe or otherwise unfit for human habitation; or

(ii) has not been erected in accordance with the provisions of these By-Laws;

(b) to demolish and rebuild or repair any latrine which, in the opinion of the adviser on public health or an authorised person is in an insanitary condition.

(2) Any occupier aggrieved by an order made under the provisions of paragraph (1), may appeal in writing to the Commissioner of the Division within twenty-eight days, or such further time as the Commissioner may allow, from the service upon him of such order and the Commissioner may confirm or cancel the order.

(3) Any occupier or the Provincial Council aggrieved by any decision of the Commissioner made under the provisions of paragraph (2) may appeal in writing to the Minister within twenty-eight days or such further time as the Minister may allow, from the service upon him or the Provincial Council of such decision and the Minister may confirm or cancel the order made under the provisions of paragraph (1).

PART III - SANITATION

Village latrines

10.-(1) Where the adviser has given a certificate under the provisions of the proviso to paragraph (b) of by-law 5, the Provincial Council shall take such steps as it considers necessary to ensure that each village shall be provided with such number of village latrines as may be required by the adviser on public health.

(2) Each village latrine shall at all times be kept in a proper state of repair and in a clean and sanitary condition to the satisfaction of the adviser on public health or an authorised person for this purpose and the Provincial Council shall appoint a person with special responsibility for carrying out the provisions of this paragraph.

Village drainage

11. The Provincial Council shall take such steps as the adviser on public health or an authorised person may consider necessary to ensure that drainage is provided for the purpose of carrying off surface water from any part of each village.

Cleaning of villages

12.-(1) Each occupier of a house shall be responsible for cleaning an area within a radius of 9.1 m around his dwelling-house, kitchen, dining house, if any, and latrine and for keeping such area free from refuse, rubbish and offensive matter and receptacles wherein mosquitoes may breed and the Provincial Council shall take such responsible steps as may be necessary to ensure the taking of similar measures in the remaining area of each village:

Provided that if the area of responsibility of one occupier extends into the area of responsibility of another occupier, each occupier shall be responsible for cleaning that half of the common area nearest to his building. (Amended by Legal Notice 127 of 1979.)

(2) No dalo, tapioca, voivoi or vudi or bananas or such other plant as, in the opinion of the adviser on public health, is likely to become a breeding place for mosquitoes shall be planted or cultivated within the boundaries of the village.

Anti-mosquito precautions

13. All gutters, tanks, cisterns or other receptacles for the collection or storage of water shall be kept in such condition and, where appropriate, screened as to prevent the breeding of mosquitoes.

Disposal of rubbish

14.-(1) The Provincial Council shall take such steps as may be necessary to ensure that each village is provided with a pit or pits which shall be kept in a sanitary condition where rubbish can be buried or burnt, or other facilities for the disposal of rubbish, to the satisfaction of the adviser on public health:

Provided that if the adviser on public health so permits, rubbish may be dumped in the sea, in such places as may be specified by the adviser on public health and subject to such conditions as may be imposed by him.

(2) No refuse and rubbish from the village shall be deposited in any place other than that provided or permitted in accordance with paragraph (1).

Dead animals, etc., not to be thrown in latrines

15. No dead animal, refuse or putrid food shall be thrown into any latrine.

PART IV - ANIMALS

Cattle, etc., not to be kept in village

16. No cattle, goat, sheep, horse or pig shall be kept or allowed to remain within the boundaries of any village.

Dead animals to buried or burned

17. All dead animals shall be buried or burned.

PART V - WATER SUPPLIES

Wholesome water supply

18. The Provincial Council shall take such steps as it considers necessary to ensure that every village shall be provided with a proper and sufficient supply of wholesome water for the domestic use of the villagers to the satisfaction of the adviser on public health.

Wells

19. All wells from which water is used or likely to be used for drinking or domestic purposes shall be provided with a raised parapet and a properly fitting cover with lid securely attached to the satisfaction of the adviser on public health and if so required by such adviser, all such wells shall be fenced and be provided with a lining or pump or with both lining and pump.

Maintenance of tanks, etc.

20. All tanks, cisterns or other receptacles for the collection or storage of water used or likely to be used for drinking or domestic purposes shall be maintained at all times in a clean condition and protected from contamination to the satisfaction of the adviser on public health.

No contamination by rubbish

21.-(1) The Provincial Council shall take such steps as it considers necessary to ensure that the water supply intake of any village is properly protected from contamination.

(2) No person shall bury or place or permit to be buried or placed any dead animal or solid or liquid refuse matter in such a position that thereby the water supply of any village may be contaminated.

PART VI - GENERAL

Overcrowding

22. No occupier shall allow his house to be occupied by such a large number of persons that, in the opinion of the adviser on public health, a positive danger to health is created thereby.

Copra driers, etc.

23. No copra drier or cocoa drier shall, after 29 December 1972, be constructed within the boundaries of any village.

Enforcement of By-Laws

24. Except in so far as is otherwise specifically provided in these By-Laws, the Roko Tui, Assistant Roko Tui, the adviser on public health or an authorised person shall be responsible for the enforcement of these By-Laws.

Boundaries of villages

25. For the purpose of these By-Laws, the boundaries of a village shall be deemed to be not less than 9.1 m outwards from the outermost dwelling-house or kitchen or dining house, or other buildings which for the purposes of this by-law shall include churches and stores.
(Amended by Legal Notice 127 of 1979.)

Penalties

26.-(1) Subject to the provisions of paragraphs (2) and (3) of by-law 9, any person who fails to carry out any order given under the provisions of these By-Laws or who fails to comply with any of the provisions of these By-Laws, with the exception of those contained in paragraph (1) of by-law 10, by-law 11, paragraph (1) of by-law 14 and by-law 18, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.

(2) In addition to any penalty imposed under the provisions of paragraph (1), any expense incurred by the Provincial Council in consequence of any failure to carry out or comply with the provisions of these By-Laws or in the execution of any work directed by any by-law to be executed by any person and not executed by him shall be paid by the person so in default.

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SECTION 6 - FIJIAN AFFAIRS (SAFETY AT SEA) REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Certificate of seaworthiness
3. Equipment of vessels
4. Number of passengers
5. Supplies of food and drink
6. Minimum length of vessels to travel outside reef
7. Penalty
Schedule - Certificate of Seaworthiness

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Regulations 30 April 1966, Legal Notice No. 112 of 1970

Short title

1. These Regulations may be cited as the Fijian Affairs (Safety at Sea) Regulations.

Certificate of seaworthiness

2.-(1) No Fijian shall undertake a voyage in a vessel or canoe of under two tons measurement when travelling beyond the protection of the reefs, unless the owner of such vessel or canoe is in possession of a valid certificate of seaworthiness in respect of such vessel or canoe, issued in accordance with the provisions of paragraph (2).

(2) Any person authorised by the Minister to act as a certifying officer under the provisions of these Regulations, shall, on application by the owner of a vessel or canoe of under two tons measurement, inspect such vessel or canoe, and, if he is satisfied that such vessel or canoe is sufficiently seaworthy to travel beyond the protection of the reefs, shall issue a certificate as in the form set out in the Schedule. Such a certificate shall be valid for a period of one year from the date of issue. (Amended by Legal Notice 112 of 1970.)

(3) The owner and the master of a vessel or canoe of under two tons measurement shall not undertake or permit to be undertaken a voyage in such vessel or canoe beyond the protection of the reefs, unless a valid certificate has been issued in respect of such vessel or canoe under the provisions of paragraph (2).

Equipment of vessels

3.-(1) The owner and the master of a vessel or canoe of under two tons measurement, other than an outrigger canoe, shall ensure that, when such vessel or canoe travels at any time beyond the protection of the reefs, it shall be equipped with a bailer, a rudder or steering oar, at least two oars, in addition to the steering oar, if any, and at least two rowlocks.

(2) The owner and the master of an outrigger canoe of under two tons measurement shall ensure that, when such a canoe is travelling at any time beyond the protection of the reefs, it shall be equipped with a bailer and at least two vertical sculling oars (a i sau).

(3) If any vessel or canoe travelling under the provisions of paragraphs (1) or (2) is being used for hire or reward, the owner and master shall further ensure that such vessel or canoe is equipped with sufficient lifebelts, lifejackets or other similar buoyancy aids for the number of persons on board.

Number of passengers

4.-(1) The owner of a vessel or canoe in respect of which a valid certificate has been issued under the provisions of regulation 2 shall ensure that the maximum number of passengers permitted under such certificate to be carried in such vessel or canoe when travelling beyond the protection of the reefs is carved or painted in a legible fashion in a prominent position of such vessel or canoe.

(2) The owner and master of a vessel or canoe of under two tons measurement shall ensure that, at any time such vessel or canoe travels beyond the protection of the reefs, the number of persons on board does not exceed the maximum number permitted under a valid certificate issued under the provisions of regulation 2.

Supplies of food and drink

5. Each person travelling on a vessel or canoe of under two tons measurement beyond the protection of the reefs shall ensure that he has a sufficient supply of food and drink for his own use during the voyage.

Minimum length of vessels to travel outside reef

6. No vessel or canoe of less than twelve feet in length shall travel beyond the protection of the reefs.

Penalty

7. Any person contravening or failing to observe the provisions of these Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding $100 or to imprisonment not exceeding six months or to both such fine and imprisonment.

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SCHEDULE
(Regulation 2)

CERTIFICATE OF SEAWORTHINESS

I certify that the vessel/canoe owned by ………………… of ……………………. was inspected by me this day and found to be seaworthy, and may carry a maximum number of …………………………… persons, when travelling beyond the protection of the reefs.

Dated this ………. day of …….., 19…

....................................
Certifying Officer

Name of Certifying Officer:

Designation:

Village, Tikina, Province:

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Controlled by Ministry of Fijian Affairs