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Fiji’s government moves to restore customary control of surfing areas

Sitiveni Rabuka’s Cabinet has endorsed a bill that is set to repeal a significant piece of regulation that liberalised access to all surfing areas in Fiji.

Cloudbreak could once again become the playground of the few if we see a reversion to the late 1990s and early 2000s when Tavarua guests had exclusive access to Cloudbreak, Tavarua Rights and Restaurants. Mamanuca Islands, Fiji. Photo: Derek Morrison

The Fijian government confirmed that the Commercial Use of Marine Areas Bill 2025 had been given the all-clear to be tabled in parliament, which resumed on Monday.

The Bill will repeal the Regulation of Surfing Areas Act 2010, which was put in place by the former Bainimarama administration.

The Act “wholly and absolutely” vested ownership of all “surfing areas” in the country’s Lands Director, for and on behalf of the government, “without any compensation being payable to any person”.

Bainimarama’s government at the time justified the Act as a necessary measure to resurrect Fiji’s surfing industry, “opening up cloud breaks and removing exclusivity”. His then Tourism Minister and Attorney-General Aiyaz Sayed-Khaiyum, who was the main architect of the policy, said it was centered on economic opportunity and fairness, enabling “locals to participate in the industry in so many ways…”

Jonas Tawharu rides a wave at Cloudbreak in 2017. Mamanuca Islands, Fiji. Photo: Derek Morrison

However, in a post-Cabinet meeting update on Friday, the government said the Act would be replaced with a new framework.

“The new framework, once passed by parliament, will enable the reversion of the proprietary ownership of marine areas used for commercial purposes to the customary owners under a fair and equitable framework.

Access to another of the world’s most perfect waves, Restaurants, could lie in the detail of the new framework being discussed by Sitiveni Rabuka’s Cabinet this week. Photo: Derek Morrison

“For the purpose of this Bill, commercial purposes are largely focused on tourism activities.

“The Bill further ensures that the process of reversion is undertaken in accordance with the rule of law and the principles of natural justice, provides for the active participation in the process of all parties impacted and empower existing indigenous institutions to take an active role in the control and administration of marine areas in Fiji for the benefit of the iTaukei (indigenous Fijians).”

The Bill will repeal the Regulation of Surfing Areas Act 2010, which was put in place by the former Bainimarama administration. Photo: Derek Morrison
This article was originally published by RNZ Pacific.
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