| Oceans Governance

The Commercial Use of Marine Areas Act - An Update

Sep 15, 2026 / by James Sloan posted in Environmental Management Act 2005, UNCLOS, Fiji Oceans, Indefeasibility of title, Fiji land dealings, iTaukei land law, Fiji Environmental law, Law of the Sea Convention, traditional rights, Blue Economy, Oceans Governance, Climate Change Law, Climate Change Act, Fiji blue carbon, Surfing Act Fiji, Fiji property rights, iqoliqoli, Commercial Use of Marine Areas Bill, Traditional law and governance

On 22 August 2026, Fiji’s Parliament passed Act No. 26 of 2026, the Commercial Use of Marine Areas Act 2026 (“CUMA Act”). Amongst other things, the Act provides for “the transfer of proprietary ownership of marine areas used for commercial purposes to the customary owners”.

The CUMA Act does not make or effect any immediate changes to ownership of marine areas but it does set out a process to enable the discretionary transfer of ownership of marine areas from the Fiji State to “customary owners” if an application is made by those customary owners and if certain defined criteria are met. Those criteria include but are not limited to the marine area being used, or being proposed to be used, for commercial tourism or blue carbon projects and provided those marine areas are marine areas within Fiji’s territorial sovereignty. The CUMA Act restricts the right to apply for the transfer of ownership to customary groups of indigenous Fijians (iTaukei) who have pre-existing registered rights in those marine areas and who will then hold the title on a communal basis and without the right to transfer ownership onwards (inalienability). The management and control of the transferred marine area will be vested in the iTaukei Lands Trust Board (TLTB) in a similar way to how iTaukei land (approximately 90% of all land in Fiji) is held in trust and administered for the beneficial owners of the trust.

The CUMA Act includes various safeguards including respect for existing State guarantees relating to marine use as set out in the United Nations Convention on the Law of the Sea (UNCLOS) (such as the right of innocent passage) and preserves the open surfing and water sport access to all marine areas set out in sections 6 to 9 of the Surfing Act 2010. However, the CUMA Act represents a seismic shift in terms of constitutional and property ownership rights in relation to certain marine areas and it also raises a number of questions and unknown impacts for existing interest holders, such as leaseholders, businesses, investors, and Fiji citizens.

In this legal bulletin and to assist for information purposes only, we address:

How the Act will work, where and what it applies to, and key terms in the Act
What has changed from the draft law – the CUMA Bill 2025
Questions that arise.

Sep 29, 2021 / by James Sloan posted in International Law, climate change, Fiji Oceans, Environmental decision making, Fiji law, Fiji commercial law, Fiji lawyers, Blue Economy, Oceans Governance, Fiji Climate Change law, United Nations, Fiji Blue Economy, Coral Reefs, Climate Change Act

The Climate Change Act 2021 (hereinafter referred to as “the Act”) is the Fiji government’s groundbreaking and proposed legislative approach to the threat of climate change caused by human activity.

Over 93 pages, divided into 17 Sections with 112 sections, the Act provides Fiji’s intended response to the enormous challenges that face all 195 nations and their peoples.

In this bulletin we provide a detailed (and we hope) explanatory analysis of the Act. Please note that the Act has been passed by Fiji's Parliament (on 23 September 2021), and it will be brought into force in due course by the relevant Minister by notice published in the Gazette.

Jul 7, 2021 / by James Sloan posted in Marine Conservation, Insurance law Fiji, Fiji risk allocation, Integrated Oceans Management Pacific, Pacific Ocean Rights, Pacific Blue Economy, UN Oceans, Oceans Governance, Pacific Ocean, OceansPolicy, OPOC, Office of the Pacific Ocean Commissioner, Pacific Islands Forum Secretariat, parametric insurance, Sustainable Oceans Finance, Coral Reefs, Coral Reef Insurance

In February 2021, the Office of the Pacific Ocean Commission (OPOC), established under the then Pacific Ocean Commissioner, Dame Meg Taylor launched an excellent “suite of Ocean reports” with a focus on ocean finance. This focus on ocean finance is well timed to assist PICs to address the major challenge of finding a way to make the protection of its ocean ecosystems both politically and economically viable.

One of the reports titled “Pacific Ocean Finance Program - Insurance” is authored by Dr. Simon Young and Jacqueline Wharton of the “global advisory, broking, and solutions company” - Willis Towers Watson. The report provides a detailed and informative discussion and explanation of the potential for a type of insurance known as “parametric insurance” to play a role in relation to adapting to the effects of climate change and to promote marine conservation.

The idea of utilising insurance products to increase resilience of coastal ecosystems is innovative but it also naturally leads to questions relating to how this type of insurance product will work and what its role could be. In this bulletin we consider how this type of insurance product could work within the legal and governance context in Fiji and the broader Pacific Island context. We also note that there are currently a number of initiatives underway in Fiji in relation to ocean insurance and sustainable financing initiatives, and these are being promoted by a number of development agencies including the Asian Development Bank (ADB) and the World Bank who are working with Fiji’s Ministry of Economy. In this bulletin we provide a brief update in relation to ADB’s project on “Partnerships for Coral Reef Finance and Insurance in Asia and the Pacific”. ADB has secured concept approval from the Global Environment Facility (GEF) for this project; which will cover Indonesia, Philippines and Solomon Islands. As this is a topic relevant to Fiji, ADB has supported[1] an initial baseline assessment to explore feasibility of including Fiji in this, or similar type of initiative. Some of the insights presented below are the result of this work.

Jul 28, 2020 / by Siwatibau & Sloan posted in Oceans Law, Pacific, National Fisheries Policy, Marine Protected Areas, Parties to the Nauru Agreement, Environmental Management Act 2005, UNCLOS, International Law, Commercial fishing, Integrated Oceans Management Policy, Forum Fisheries Agency, Environmental governance, Environmental decision making, Environmental Impact Assessments, Law of the Sea Convention, Sovereign Rights, Integrated Oceans Management Pacific, Pacific Ocean Rights, traditional rights, Pacific Blue Economy, Pacific Island Rights, Large Ocean States, Marine Pollution, UN Oceans, Seabed Mining, Oceans Governance, Pacific Ocean, Precautionary Principle, School of Marine Studies, Tuna Management Pacific, TuvaluExperts, TuvaluNationalOceanPolicy, OceansPolicy

Oceans Governance is a 3rd year undergraduate course offered by the School of Marine Studies, within the University of the South Pacific (USP).

Oceans Governance attracts a number of motivated students from a variety of Pacific Island Countries who frequently bring years of professional work experience to compliment their future careers as marine managers and decision makers. Oceans Governance complements the 2nd year undergraduate course in “Law of the Sea”. Both courses are designed by the highly regarded law of the sea and fisheries legal expert, Mr Pio Manoa who is currently working with the Forum Fisheries Agency.

While our firm has been privileged to coordinate and teach Oceans Governance and Law of the Sea for the last 3 years - to reflect the multi-disciplinary nature and broad topic that is Oceans Governance - a variety of guest lecturers have complimented the course. As well as adding interest and providing inspirational talks for the students this demonstrates the depth of knowledge and expertise in the Pacific. In this brief overview of the course we draw specific attention to the expertise of the visiting lecturers and the efforts made by the talented students of USP and how we think this bodes well for the Pacific region in the future.

Jul 21, 2020 / by Scott Pelesala I Maani Petaia I Onosai Takataka posted in Oceans Law, Pacific Ocean Rights, Pacific Blue Economy, Pacific Island Rights, Oceans Governance, Pacific Ocean, United Nations, Pacific Island Fisheries, Tuvalu, TuvaluExperts, TuvaluNationalOceanPolicy, OceansPolicy

At present, Tuvalu does not have a national ocean policy that unites Tuvaluans and the Government towards implementing a shared vision and aims for its ocean and resources. The need for a national ocean policy arises due to the importance of the ocean and its resources to Tuvaluans in terms of culture, food, and economy[1], the wide variety of ocean uses, and the need to protect and sustainably manage Tuvalu’s natural resources in an integrated way[2].

In this report the authors review Tuvalu’s governance context, the laws and policies that presently exist and explain why a national ocean policy is needed. The authors set out the sort of process that they think is suited to Tuvalu culture and the Tuvalu context and why they are hopeful that from this process there should emerge a way to create coordination across government and all sectors of Tuvalu society for the benefit of all Tuvaluans and Tuvalu’s ocean and the health of its resources.

The authors believe it is not enough for Tuvalu to have a well written National Ocean Policy, if it is not implemented and owned by the Tuvaluan people. This means the process to create the ocean policy must be locally driven with procedures for inclusive and respectful consultation. This is to ensure that the moralities and legitimacy of an integrated ocean policy are created along with the national ocean policy.

May 21, 2020 / by James Sloan, Kevin Chand and Emily Samuela posted in Oceans Law, Environmental governance, Environmental decision making, Fiji lawyers, Pacific Blue Economy, Oceans Governance, Fiji National Ocean Policy, Fiji Blue Economy

On 12 May 2020, Fiji’s Ministry of Economy[1] published a working draft of Fiji's first National Ocean Policy (NOP) and opened it up for public consultation. The period of public consultation will end on 25 May 2020. [Editor's note: our firm made its submission on 24 May 2020 and amongst other submissions, we respectfully submitted, in accordance with our analysis below that extending the time to consult on the draft NOP beyond 25 May 2020 would be welcome.]

The NOP represents a step forward for Fiji’s ocean governance in that it endeavours to consolidate ocean initiatives through its aim to increase integration between Fiji government Ministries[2]. As the NOP explains Fiji is blessed with large areas of ocean and marine resources that it has both rights to use but responsibility to manage. These ocean areas accommodate numerous and sometimes competing uses and may be adversely impacted by a range of development activities that are regulated by different government Ministries or Departments. National oceans governance is therefore notoriously difficult unless there is a single vision or policy that commits all of government to follow and implement in an integrated way.

As a small group of Fijian and Fiji-based lawyers, with an interest in law of the sea, oceans governance, traditional rights, and Fiji’s unique law and governance system we provide our analysis of the draft NOP and provide some respectful suggestions for consideration as part of the important consultation process. We note at the outset that we fully support this initiative by the Fiji government and are pleased that this process is being locally driven.

Nov 26, 2019 / by James Sloan posted in Oceans Law, Pacific, UNCLOS, Environmental governance, Environmental decision making, Law of the Sea Convention, Integrated Oceans Management Pacific, Blue Economy, UN Oceans, Seabed Mining, Oceans Governance, Deep Seabed Mining, Precautionary Principle, School of Marine Studies, University of the South Pacific

Seabed mining is a new industry that seeks to exploit the value of metals on or in the seabed. The drivers for this industry include the rising demand and costs for the metals in question. Many of the potential mining sites are found under the Pacific Ocean in areas beyond the national jurisdiction of any State. This area of deep seabed beyond national jurisdiction is defined by the United Nations Convention on the Law of the Sea ("LOSC") as “the Area”.

This new industry is intended to be regulated pursuant to LOSC by the International Seabed Authority (a body created by LOSC). The International Seabed Authority will issue licences to Applicants that are sponsored by nation States (sponsoring States). The licences will be issued subject to conditions that are intended to protect the marine environment, however, sponsoring States are themselves subject to duties under international law and amongst other things are required by LOSC to have their own legislation in place to regulate the mining companies that they sponsor. If this legislation is not in place or is inadequate then sponsoring States will not meet their international law duties, will incur legal risk, and this new industry will not be properly regulated.

In this bulletin, we set out what is known from a legal and governance perspective about seabed mining in the Area, describe how the international regulatory framework is supposed to work and review the results of a recent legal analysis that demonstrates the legal framework is not yet in place to meet various requirements under the international legal framework. We respectfully suggest that this legal analysis supports the view that seabed mining is not, as yet, ready to proceed as an effectively regulated industry in accordance with international law.

Jul 15, 2019 / by Emily Samuela posted in Oceans Law, Sovereignty, Inshore fisheries, Fiji Oceans, fisheries management, fisheries law, UN Oceans, Oceans Governance, Precautionary Principle, Fiji Sharks, Ministry of Fisheries Fiji, Inshore Fisheries Management Division Fiji, Fiji fisheries laws

The importance of healthy sharks, and coastal marine ecosystems, to Fiji’s economy has been recognised by the Ministry of Fisheries and the Fiji government via new customs laws that have expanded the list of banned imports and exports to include shark fins and live coral.

The importation into Fiji of any goods specified in Schedule 1 of the Customs (Prohibited Imports and Exports) Regulations 1986 is illegal. On Friday, 7 June 2019, by Legal Notice No. 31, the Honourable Minister exercised powers pursuant to section 64 of the Customs Act and expanded the list of Prohibited Imports and Exports in Schedule 1 to include shark fins and live coral.

In this legal bulletin we provide a brief update on what this means for the import and export of shark fin.

Jun 14, 2019 / by Emily Samuela and James Sloan posted in Oceans Law, Beche de mer, Fiji fisheries, Fisheries Act, Underwater breathing apparatus, Marine Conservation, Inshore fisheries, Fiji Oceans, Nearshore Fiji fisheries, Fiji Fisheries Regulations, fisheries law, Sovereign Rights, Integrated Oceans Management Pacific, Pacific Blue Economy, Oceans Governance, Ministry of Fisheries Fiji, Inshore Fisheries Management Division Fiji, Fiji fisheries laws, School of Marine Studies, University of the South Pacific

On Wednesday, 12 June 2019, by Legal Notice No. 32 ("Legal Notice"), the Minister of Fisheries in exercise of his powers amended the Offshore Fisheries Management Regulations 2014 and introduced seasonal bans of species of sea cucumbers, groupers and coral trout with effect from 1 June 2019.

The exercise of the Honourable Minister of Fisheries' powers reflects the growing public concern for the health and sustainability of Fiji's inshore fisheries, the ongoing success of Fiji's 4FJ public awareness campaign and the commitment and vision of Fiji's Ministry of Fisheries working with various NGOs and academics to take action to conserve and manage Fiji's vital fisheries resources for future generations in line with Fiji's commitments to the United Nations Ocean Conference.

In this bulletin, we set out the amendments to the law that are now in force, and briefly discuss the factors that have led to the implementation of this conservation initiative.

Jun 6, 2019 / by James Sloan posted in fisheries law, Integrated Oceans Management Pacific, Oceans Governance, School of Marine Studies, University of the South Pacific

Oceans Governance is a 3rd year undergraduate course offered by the School of Marine Studies, USP that complements the 2nd year undergraduate course in “Law of the Sea”. Both courses offered by the School of Marine Studies are designed by the highly regarded fisheries legal expert, Mr Pio Manoa.

Oceans Governance promotes an understanding of how the international legal frameworks fit with national legal and governance frameworks to provide a rules based approach to oceans use. This means that as part of the course there is a detailed look at how the varied uses of the ocean are regulated and how more modern concepts like sustainable development and an eco-systems approach to natural resource management should be taken into account by decision-makers.

Major themes that have arisen throughout the semester include: the importance of consultation and due process for good decision making, legal concepts of sovereignty and sovereign rights, and the importance of the ocean and traditional rights for Pacific Island cultures. Our firm has been fortunate enough to coordinate and teach this Semester's class of 2019 and provide this update relating to the course and their progress that involved contributions from many individuals demonstrating the multi-disciplinary approach required for oceans governance.

Ocean Law Bulletins

The Commercial Use of Marine Areas Act - An Update

Fiji's Climate Change Act, 2021 - Fiji's whole of government approach to reduce emissions and remove carbon

Coral Reef Insurance - an option to promote resilience for Fiji and the Pacific?

Oceans Governance: The Class of 2020 provide promise for the Pacific region

A National Oceans Policy for Tuvalu: 3 experts consider the process to get there

Fiji’s first National Ocean Policy Analysis and Submission

Seabed mining - how is it intended to be regulated and what are the risks for States that seek a licence from the International Seabed Authority?

Fiji fisheries law update: Ban on importation and exportation of shark fins and live coral

Fiji Inshore Fisheries Management: commitment to conserve grouper and sea cucumber leads to amendments to Fiji’s Offshore Fisheries Management Regulation

Oceans Governance: The Class of 2019 from the University of the South Pacific, School of Marine Studies

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