THE pool of iTaukei land must be enlarged or at the very least remain constant and not diminished, says Attorney-General Aiyaz Sayed-Khaiyum.
And the new Constitution, he said, provided recognition of lands that are communally-owned.
Speaking at the 2013 CPA congress in Nadi yesterday, Mr Sayed-Khaiyum said there were specific guarantees and protection for communally-owned iTaukei, Rotuman and Banaban land.
"It goes one step further. Should there any of these lands be used for State purposes like roads and if that land is acquired, government must pay fair compensation," he said.
"And if government no longer requires that land, it must be given back to the customary owners.
"We never had such a provision in any constitution in Fiji.
"At the moment in Fiji, 91 per cent of all land is iTaukei land and that is protected and guaranteed under the Constitution."
He said another aspect of the Constitution that was completely new was the departure from the British inheritance system.
"In most of the commonwealth countries, anything below six feet belongs to the State or belongs to government," Mr Sayed-Khaiyum said.
"As we've seen previously, any royalties derived by the State for the extraction of those minerals goes to the State.
"What the Constitution does and says is that the landowners must get a fair share of the royalties.
"They actually get a fair share of any royalties that is paid to government and that's an additional protection and benefit guaranteed under the Constitution."
He said there was also an exception being made that recognised the customs of the iTaukei, Rotuman and Banaban people under the unfair discrimination provision in respect of marine resources, land ownership and bestowing of chiefly titles.
"That customary practise is also protected so nobody can come along and say it's discriminatory.
"It's a form of custom that's being handed down. There's a recognition and realisation that if these inbuilt protection aren't specifically stated then it would undermine those customary practices."
He said having those clearly and specifically stated in the Constitution would resolve certain issues of the past.