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Group Rights

Chapter 13 Group Rights

Section 185: Alteration of certain Acts

1. A bill alters any of the following Acts, namely:
  1. Fijian Affairs Act;
  2. Fijian Development Fund Act;
  3. Native Lands Act;
  4. Native Land Trust Act;
  5. Rotuman Act;
  6. Rotuman Lands Act;
  7. Banaban Lands Act; or
  8. Banaban Settlement Act including a Bill prepared in consequence of the enactment of this Constitution:
  9. must be expressed as a Bill for an Act to alter the Act concerned;
  10. must not be presented for the President's assent unless it has been read 3 times in each House and motions for the second and third readings are carried in each House; and
  11. is declined not to have been passed by the Senate unless at its third reading in that House it is supported by the votes of at least 9 of the 14 members of the Senate appointed under paragraph 64 (1)(a).
2. A Bill that alters the Agricultural Landlord and Tenant Act:
  1. must be expressed as a Bill for an Act to alter that Act; and
  2. must not be presented for the President's assent unless:
    • it has been read 3 times in each House and motions for the second and third readings are carried in each House; and
    • at its third reading it is supported by the votes of at least two-thirds of the members of each House and, in the case of the Senate, by the votes of at least 9 or the 14 members of the Senate appointed under paragraph 64 (1)(a).
3. The President must not assent to a Bill referred to in this section unless it is accompanied by a certificate of the Secretary-General to Parliament certifying that, in relation to the particular House, the approval required by this section has been given.

Section 186: Customary laws and customary rights

1. The Parliament must make' provision for the application of customary laws and for dispute resolution in accordance with traditional Fijian processes.

2. In doing so, the Parliament must have regard to the customs, traditions, usages, values and aspirations of the Fijian and Rotuman people.

3. The Parliament must make provision granting to the owners of land or of registered customary fishing rights an equitable share of royalties or other moneys paid to the State in respect of the grant by the State of rights to extract minerals from the land or the seabed.

4. A law fixing amounts under subsection (3) must require that account be taken of.
  1. any benefits that the owners are likely to receive as a result of the mineral exploitation;
  2. the risk of environmental damage;
  3. any legal obligation of the State to contribute to a fund to meet the cost of preventing, repairing or compensating for any environmental damage;
  4. the cost to the State of administering exploitation rights; and
  5. the appropriate contribution to the general revenue of the State to be made by the person granted exploitation rights.
 
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