Fiji’s Ministry of Environment and Climate Change took enforcement action against Lion One Limited earlier this month, but says compensation for the May Sabeto River spill falls outside its authority.
In a statement, the ministry stated it had issued a Prohibition Notice on June 6, ordering the mining company to immediately stop all untreated wastewater discharges. A Non-Compliance Notice was also served for breaches of seven conditions under the company’s Waste Disposal Permit. These actions followed site inspections and water tests, which found high levels of zinc and lead in the river shortly after the spill.
Minister for Environment and Climate Change Mosese Bulitavu said the ministry’s focus remains on enforcing the Environment Management Act 2005.
“We have acted decisively and will continue to do so within our legal mandate,” he said. “We regulate, we enforce, and we protect. That is what we’ve done, and that is what we’ll continue to do.”
Since the notices were issued, Lion One has halted discharges and commenced remedial works, which must be completed to the Ministry’s satisfaction. Under EMA 2005, the ministry may suspend or cancel environmental approvals if required remedial actions are not fully carried out.
Water quality monitoring is ongoing, with the most recent sampling conducted on June 19.
The ministry also reiterated that it does not have the legal authority to determine or award compensation for environmental or land damage. Such claims must be pursued through legal channels, including the Director of Lands under the Rivers and Streams Act 1880 and the iTaukei Land Trust Board under the Property Law Act.
The ministry stated that it can conduct Environmental Damage Assessments at the request of these agencies, but it cannot determine compensation, which is the sole responsibility of the courts.
The May 22 spill lasted about four hours and caused mass fish deaths along a two-kilometre stretch of the Sabeto River.
Following the incident, the Ministry of Lands and Mineral Resources suspended all wastewater discharges from the site and launched a six-month environmental audit of Lion One’s mining operations.
In a separate statement, the Ministry of Lands also said the company had pledged to install a pre-treatment facility for future discharges, provide compensation for ecological damage, and improve engagement with traditional leaders, including the Tui Sabeto and elders of Korobebe Village.
A compensation committee has since been formed to coordinate redress. It includes representatives from the Mineral Resources Department, the Ministry of Environment and Climate Change, the Ministry of Fisheries, the Ministry of Health, the Water Authority of Fiji, the Commissioner Western’s Office, the Roko Tui Ba, and the iTaukei Land Trust Board.
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