File

For generations, the ocean has been a place where Fijian families gather to swim, fish, picnic and simply enjoy the coastline.

But Parliament has now passed a law that could change how commercially used marine areas are owned, managed and accessed.

The Commercial Use of Marine Areas Bill 2025 was passed with 27 votes in favour, seven abstentions and 21 members not voting.

The Deputy Prime Minister and Tourism Minister Viliame Gavoka says the legislation is not about handing over every marine area in Fiji to customary owners.

He says the Bill initially focuses on marine areas used for commercial tourism, with customary owners required to go through a formal process before ownership can be transferred.

“This is a process, not an automatic transfer. There is no automatic vesting. A customary group cannot simply identify an area and say, this now belongs to us.”
Gavoka says the process will require the Fisheries Commission to verify the area, identify customary owners, assess economic and environmental impacts, and consider existing businesses and other interests.

He says the legislation is also designed to give tourism investors greater certainty while ensuring customary owners receive fair returns from commercial use of their marine areas.

But Opposition MP Virendra Lal strongly criticised the Bill, warning that it could further restrict ordinary Fijians’ access to beaches.

He raised concerns about developments along the coastline, saying public spaces where families traditionally spend time are already disappearing.

“It hurts my heart to think that we are heading toward a future where our people will have to pay a private hotel just to step onto a beach. We live in an island nation surrounded by the ocean, yet our local families are slowly being pushed inland.”

Lal also questioned whether the Bill adequately protects traditional custodianship and public access, and accused the Government of rushing the legislation.

But Gavoka says public access remains protected, and commercial operators will not automatically gain exclusive control over marine areas.

He says the Government is trying to balance customary ownership, investment, public access and the wider economy.

The Justice Minister and Acting Attorney General Siromi Turaga also outlined changes made to the Bill, including stronger protection for public access and recognition of people with genuine commercial interests even where they do not hold a formal lease or licence.

He says the changes are intended to make the transition fairer and more practical.

“Taken together, they do three things. One, they protect the state’s sovereign and international obligations… Two, they extend fair treatment to a wider group of genuine commercial users… And finally, they make the transition process more workable.”

The Bill also provides for compensation arrangements and protects existing commercial interests during the transition.

Gavoka says the Government is taking a phased approach rather than transferring ownership of all marine areas at once, saying Fiji must first understand the implications for fisheries, navigation, conservation, public access and existing commercial activities.