He says under the new framework, customary owners can apply to the iTaukei Fisheries Commission for vesting of qualifying marine areas and the Commission will assess applications, consult relevant interest holders and make recommendations to a vesting authority comprising the ministers responsible for tourism, fisheries and iTaukei affairs.
He says the transfer of ownership will not be automatic and existing leases, licences and other legal interests will continue until they are addressed through the statutory process.
Gavoka says the framework provides for negotiations between customary owners and existing operators, with mechanisms for arbitration, determination of unresolved terms and compensation, and appeals to a Marine Areas Appeals Tribunal.
He added that the Bill also seeks to balance customary ownership with the interests of the tourism industry and investors.
He says the legislation preserves wider public and constitutional rights, including public access, freedom of movement, aviation rights and innocent passage.
Gavoka says environmental requirements will also continue to apply where relevant and supporters described the Bill as an important step towards correcting a longstanding imbalance by recognising customary interests while providing greater certainty for tourism operators and investors.
Opposition Rinesh Sharma raised concerns about the Bill's drafting, the extent of consultation and the potential impact on investor confidence.
He argued that important matters should be clearly addressed in the legislation rather than left to future regulations, and called for the Bill to be returned for further amendments.
Sharma says the debate centred on finding a balance between recognising customary marine ownership and ensuring Fiji remains an attractive and predictable destination for tourism investment.
Minister for iTaukei Affairs Ifereimi Vasu says the Bill restores balance and provides a fair and orderly process through which proprietary ownership of qualifying commercial marine areas may be transferred to customary owners while respecting the rule of law, natural justice, existing interests, and the wider public interest.
Vasu stressed that the Bill does not automatically transfer every qoliqoli or marine area to customary owners.
He says the legislation establishes a process where customary owners can apply, after which the iTaukei Fisheries Commission will verify and define the marine area, identify customary owners using the register, determine whether the area qualifies as a commercial marine area, assess possible economic and environmental impacts.
He says the Commission can also engage experts where necessary and that environmental impact assessments required under existing laws will still apply.
Vasu says existing leases, legal interests and compensation arrangements will continue until they are lawfully renegotiated or determined through the statutory process.
He says this provides certainty for investors and operators while protecting customary owners from sudden changes.
He adds that compensation must recognise customary rights, business interests, social values, environmental considerations and intergenerational values, while ensuring it does not place unreasonable burdens on existing operators.
The Minister says recognising customary ownership does not mean closing Fiji’s marine areas to the public.
He adds regulations must not replace consultation and that future engagement must include customary owners, iTaukei institutions, government agencies, commercial stakeholders and affected communities.
Opposition MP Semi Koroilavesau says the tourism sector supports fair and equitable benefit sharing but believes more consultation and clarity are needed before implementation.
He highlighted that tourism operators felt they were not fully involved in discussions before the Bill was introduced; uncertainty around ownership transfer and compensation could affect investment confidence; existing leases, licences and commercial agreements need stronger protection; regulations should not replace detailed provisions in the legislation.
Minister for Forestry and Fisheries Alitia Bainivalu says the Bill does not affect people’s ability to fish for food and clarified that fishing is excluded from the definition of commercial use under the legislation.
She says the iTaukei Fisheries Commission is the appropriate body to verify qoliqoli areas because it already maintains records of customary fishing rights.
She adds the Bill strengthens the hand of the communities who know these waters best and it does so without disturbing the food security of a single household.
Opposition MP Jone Usamate says the Bill addresses a long-standing issue involving the ownership and use of qoliqoli areas, which remain important to iTaukei identity and customary connections.
He says the challenge is finding the right balance between recognising customary rights and protecting Fiji’s tourism industry, which provides economic benefits across the country.
Usamate highlighted concerns raised during committee consultations, including questions over who will benefit from qoliqoli ownership, concerns from iTaukei who do not have recognised qoliqoli ownership, possible disputes over boundaries and customary claims and the role of TLTB and administration deductions.
He says many ordinary iTaukei supported the Bill but raised concerns about how benefits would be distributed and whether all communities would benefit.
Usamate also raised concerns about consultation with tourism operators, saying many stakeholders were not fully aware of the Bill’s contents.
Opposition MP Premila Kumar raised concerns about whether transferring ownership of State-owned marine areas to customary owners is consistent with the Constitution.
Kumar argued that Parliament should have clear legal advice before passing legislation involving major constitutional questions.
She also says compensation details should not be left entirely to future regulations and called for more safeguards before the Bill becomes law.
Minister for Finance Esrom Immanuel says tourism is a major contributor to Fiji’s economy and that unclear arrangements around marine areas have created uncertainty for businesses, investors and customary owners.
He says the Bill provides a clearer framework by establishing recognised ownership, registered interests, dispute resolution mechanisms and rights of appeal.
Immanuel says the Bill will allow benefits from tourism activities to reach rural and maritime communities.
He also highlighted that compensation provisions are designed to avoid placing unreasonable financial burdens on operators.
He says the legislation could also support Fiji’s blue economy by recognising emissions reduction projects under climate legislation.
Opposition MP Faiyaz Koya also questioned whether the transfer of ownership of marine areas is consistent with constitutional protections relating to land ownership and rights.
Koya says these constitutional issues may require clarification from the courts before implementation.
He adds that investors need certainty through legislation rather than regulations that can change over time.
Minister for Justice and Acting Attorney General Siromi Turaga says the amendments protect State sovereignty while allowing customary owners to gain benefits from commercial marine areas.
Turaga says the Bill now provides more flexibility around compensation negotiations, allowing the iTaukei Fisheries Commission to assist rather than impose compensation arrangements.
He also highlighted the reduction of TLTB’s administration deduction from 25 percent to 20 percent, saying this allows more benefits to reach customary owners.
The Bill was passed with 27 MPs voting in favour of it.
