Native Fisheries Commission (Inquiries) Rules

Cap.158 Ed.1992 Subsidiary Legislation 612 FIJ 68 Fisheries SECTION 15.-NATIVE FISHERIES COMMISSION (INQUIRIES) RULES 24 Rules in force 9th May, 1947, 29th Nov., 1977 l,IOlill! 1,y .th,, 11'1!,ive Fisheries Commission and approved by the Governor in Council Short title 1. These rules may be cited as the Native Fisheries Commission (Inquiries) Rules. lnterpretalion 2. In these rules, unless the context otherwise requires "claimant" means any Fijian or Fijians claiming an interest in customary fishing rights of which the ownership is being inquired into. Notice of inquiry 3. When the Commission is about to institute inquiries into the ownership of any fishing right, notice of the time and place at which the first sitting of the Commission for that purpose will be held shall be given to the Roko of the province in which the fishing right is situated. Delivery of notice 4. The notice shall be delivered to the Roko not less than thirty days before the sitting of the Commission. Publication of mJteting 5. A general notice of the intention to hold a meeting of the Commission giving the time and place of the meeting shall be published in a newspaper published in the Fijian language and published in Fiji and in the Gazette, and also broadcast in Fijian by wireless. (Amended by Rules 29th November 1977) Mode of publication 6. The Roko shall cause the time and place of the sitting of the Commission to be publicly proclaimed in each Tikina. M-itnesses 7. Any member of a social unit claiming to have customary fishing rights shall be allowed to give evidence of such a claim before the Commission. Cap.158 Ed.1992 Subsidiary Legislation 613 FIJ 69 Fisheries Claimant's deputy 25 8. Any claimant who, by reason of illness or other cause which the Commission may consider sufficient, is unable to attend the sittings of the Commission, may depute any male member of his mataqali to act as his representative and such representative shall be entitled to all privileges which might have been exercised by the claimant if present in person at the sitting. Adjournment 9. The Commission may at its discretion from time to time adjourn the sitting either sine die or to a fixed time and place. All claimants to the fishing rights within the province in which the Commission is sitting at the time of adjournment shall be deemed to have notice of the adjournment. Language 10. All proceedings before the Commission shall be conducted in the Fijian language. Forms 11. The Forms set out in First and Second Schedules shall be used in recording the boundaries and owners of fishing rights. Vol. FIRST SCHEDULE (Rule 11) FIJI REGISTER OF NATIVE CUSTOMARY FISHING RIGHTS Folio. recorded as the proprietary unit owning the Fishing Rights situated and contained within the following boundaries commencing at: Approved at the Native Fisheries Commission inquiry held at on the day of , 19 Native Fisheries Commissioner [English form for recording boundaries and owners of fishing rights: original to Registrar of Titles; duplicate kept by Commission] SECOND SCHEDULE (Rule 11)