New Marine Law could change how Fijians use beaches

Fiji's Parliament has enacted the Commercial Use of Marine Areas Bill 2025, a law poised to reshape how commercially utilized marine zones are owned, managed, and accessed. The legislation passed with a significant majority, though with several abstentions and absences.

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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.

Deputy Prime Minister and Tourism Minister Viliame Gavoka asserted that the bill does not grant automatic ownership of marine areas to customary owners. Instead, it establishes a formal process for such transfers, focusing initially on areas used for commercial tourism. The Fisheries Commission will be responsible for verifying areas, identifying customary owners, and assessing economic and environmental consequences, alongside existing business interests.

Gavoka emphasized the bill's aim to provide tourism investors with greater certainty while ensuring customary owners receive fair compensation for commercial exploitation of their marine territories. However, Opposition MP Virendra Lal voiced strong criticism, expressing concern that the law could further limit public access to beaches. He lamented the potential future where Fijians might have to pay private hotels to access coastal areas, a stark contrast to the nation's identity as an island surrounded by the ocean.

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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.

Justice Minister and Acting Attorney General Siromi Turaga highlighted amendments designed to strengthen public access protections and recognize legitimate commercial interests, even without formal leases. These changes, he stated, aim to ensure a fairer and more practical transition, safeguarding state obligations and accommodating a broader range of commercial users. The government maintains it is striving for a balance between customary rights, investment, public access, and the overall economy.

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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.