Abstract
Indigenous landowners often have a unique attachment to the land. In Fiji indigenous landowners believe that they own everything below and above the land including minerals. Often friction between landowners, on the one hand, and explorers and developers, on the other, has arisen due to the former feeling that fair compensation has not been paid. In Fiji at present no comprehensive system of compensation exists. Additional problems arise as customary and statutory laws with respect to distribution of benefits are inconsistent. This paper discusses the issues in Fiji relevant to compensation for damages caused by mineral exploration and mining activities and the proposed Compensation Policy for Fiji's Minerals Sector. It also highlights the application of the theory of evaluating compensable damages in the said Policy document.
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