LW 352: Regional Environmental Law

USE FIJI JURISDICTION

Please provide detailed solution with citation and footnotes.

The following scenario occurs in a fictional Pacific island jurisdiction. In this task you are being examined on your knowledge of the common law; you are expected to reference any legislation and cases used to illustrate your answer.

Scenario - Pacific Links Inc. Pacific Links Inc. (PLInc) is a hotel and private golf resort located on the coast with a valid lease over the land it occupies. PLInc's neighbours (N1, N2 and N3) are groups of people that hold freehold title to adjoining parcels of land. A permanently running stream is the boundary between PLInc and N1. The stream and the ocean are public property, but in this jurisdiction ownership or occupation of land adjoining a stream includes riparian rights to reasonable access and use of the water.

Issue 1 - PLInc Restaurant hosts a 'Party Night' every Saturday, which involves loud music played until 3 am on Sunday morning. Other nights the music stops at 9 pm. > N1, N2 and N3 all complain about the noise from the music every night. They think it should cease at 8pm but they are particularly offended by the partying on Sunday morning.

Issue 2 - The sewerage system at the PLInc restaurant has been faulty from the time it was installed, with the septic tank becoming blocked and overflowing on multiple occasions. In May 2020, after the third occasion of blockage, N1 and N2 complained to PLInc management about the foul odour and the risk of contaminating the nearby stream, that is, the boundary between PLInc and N1. In June 2020, PLInc contracted a plumber to fix the sewage problem. The same issue re-occurred in November 2020 and March 2021. The March 2021 event coincided with high rainfall and PLInc sewage effluent contaminated the stream. N1 uses the stream for drinking water and in April 2021 some N1 residents became ill. N1 is now unwilling to use the water from the stream and water testing has indicated that PLInc is still releasing sewage into the stream. N1 is transporting drinking water from N2 and are inconvenienced in other ways. In response to complaints from N1 and N2, PLInc has told them to sue Frank's Plumbing Company, since they did not properly fix the sewage system.

> N1 and N2 want the contamination of the stream to cease. N2 wants the odour to cease and to be compensated for having suffered the odour. N1 wants to be compensated for all they have suffered.

Issue 3 - PLInc is intending to dredge a channel through the reef to allow access for larger boats. N1 and N3 have been told by a marine scientist from a local NGO that the dredging will degrade the marine environment in front of both N1 and N3 where the residents access the marine resources for food and recreation. One senior resident of N3 is particularly concerned because she is the lone custodian of traditional medicinal knowledge linked to a local marine species that is vulnerable to increased silt from dredging.

> N1 and N3 want to prevent the damage to the marine environment that may be caused by the dredging.

Task - For each of the three issues, identify the common law causes of action that may be brought by one or more aggrieved party. For each, identify relevant factors that influence whether the action may succeed, citing principles and precedent where relevant. For each, identify an appropriate remedy available to the court.