Fijian lawmakers repeal Bainimarama-era surfing law despite opposition criticism

Fiji's parliament has repealed a decade-old law that opened all surfing breaks to public access, replacing it with new legislation that grants customary owners greater rights over the commercial use of marine areas. The Commercial Use of Marine Areas (CUMA) Bill 2025 passed with 27 votes in favor, seven abstentions, and 21 MPs not voting.

The coalition government had long signaled its intention to repeal the Bainimarama-era Regulation of Surfing Areas Act, arguing that customary owners should be compensated for the commercial exploitation of their marine territories. Deputy Prime Minister and Tourism Minister Viliame Gavoka emphasized during the parliamentary debate that the new law aims to provide certainty for investors while ensuring fairness for customary owners.

"We cannot create a framework that recognizes customary interest on one hand, but on the other hand, makes the underlying tourism business commercially unviable. When the business fails, no one benefits," Gavoka stated. He added that the CUMA Bill is focused on fostering "sustainable commercial partnerships, not just compensation."

Despite the government's assurances, opposition criticism labeled the replacement legislation as "flawed." The repeal marks a significant shift in how marine resources, particularly those popular for surfing, will be managed and commercially utilized in Fiji.

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We cannot create a framework that recognizes customary interest on one hand, but on the other hand, makes the underlying tourism business commercially unviable. When the business fails, no one benefits. So, the [CUMA] Bill is about sustainable commercial partnerships, not just compensation.