The Ministry of Tourism and Civil Aviation has clarified that the Commercial Use of Marine Areas Bill 2025 (CUMA Bill) is still in draft form and currently has no legal effect.
In a public statement, the Ministry stressed that the Bill will only come into force after it is debated and passed by Parliament and officially gazetted as an Act.
Permanent Secretary for Tourism and Civil Aviation Salaseini Daunabuna said it was important for the public and stakeholders to understand that existing laws remain unchanged at this stage.
“The draft CUMA Bill is currently in draft form and has no legal effect at this stage,” Daunabuna said.
“It will only come into force once it is passed by Parliament and gazetted.”
The proposed legislation seeks to repeal the Regulation of Surfing Areas Act 2010 and replace it with what the Ministry describes as a fair and transparent framework that would revert proprietary ownership of marine areas used for commercial purposes back to customary owners.
According to the Ministry, the Bill introduces mechanisms that uphold the rule of law and principles of natural justice, while ensuring all affected parties are actively involved in the process. It also aims to empower existing indigenous institutions to play a central role in administering and overseeing commercial marine areas.
However, the Ministry has emphasized that the Regulation of Surfing Areas Act 2010 remains fully in force, meaning there is currently no compensation payable for the use of marine areas for commercial tourism purposes.
“There is currently no compensation payable for the use of marine areas for commercial tourism purposes,” Daunabuna said, adding that any compensation framework would only be considered once the Bill becomes law.
The Ministry further clarified that compensation negotiations between customary owners and interest holders will only take place after Parliament passes the Bill and in accordance with legal processes.
Nationwide consultations on the draft Bill will be carried out by the Parliament Standing Committee on Justice, Law, and Human Rights, with support from the Ministry. Dates and venues for the consultations are expected to be announced soon.
The Ministry has encouraged all stakeholders to actively participate in the consultation process as Fiji works toward a modern and sustainable approach to managing marine areas used for commercial tourism.
