Fijian lawmakers repeal Bainimarama-era surfing law despite opposition criticism

Fiji's parliament has repealed a controversial 2010 law that opened all surfing breaks to public access. The move, which saw the Commercial Use of Marine Areas (CUMA) Bill 2025 pass with 27 votes in favour, seven abstentions, and 21 MPs not voting, replaces the Bainimarama-era Regulation of Surfing Areas Act.

The new legislation significantly alters the landscape for marine resource management by granting customary owners greater rights over the commercial use of their marine areas. The coalition government has long argued that these customary owners should be compensated for the commercial exploitation of their waters, a principle central to the CUMA Bill.

“

We cannot create a framework that recognises customary interest on one hand, but on the other hand, makes the underlying tourism business commercially unviable. When the business fails, no one benefits.

Deputy Prime Minister and Tourism Minister Viliame Gavoka defended the new law during parliamentary debate, asserting it offers both certainty for investors and fairness for customary owners. He directly addressed criticisms that the legislation might undermine investor confidence. "We cannot create a framework that recognises 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, emphasizing that the bill aims for sustainable commercial partnerships rather than just compensation.

Despite the government's assurances, opposition critics have voiced concerns, labelling the replacement legislation as "flawed." The debate highlights a tension between ensuring economic viability for tourism businesses and upholding the rights and compensation for indigenous customary owners of marine resources.

“

So, the [CUMA] Bill is about sustainable commercial partnerships, not just compensation.