Surfers set to pay to ride Fiji's world-class breaks after repeal of surf access law

Surfers wanting to catch a wave in Fiji could soon have to pay for the privilege as the government moves to repeal a unique law that opened up access to the country's world class reef breaks for tourists and locals alike.

Foreign-owned resorts used to have exclusive access rights to famous waves like Cloudbreak, off Fiji's Tavarua Island, so you had to be a paying guest to ride them.

"We as locals couldn't surf," said Ian Ravouvou Muller, one of Fiji's surfing pioneers.

"We were treated as second-class citizens in our own country, and who would like a situation like that where you can't even surf your own waves?"

In 2010 the military dictatorship in charge of the country at the time, led by former commander Frank Bainimarama, imposed a Surfing Decree.

The decree prohibited exclusive access rights so anyone could surf anywhere without having to pay a fee or get a permit.

Even critics of the then-government acknowledge it helped turn Fiji into a premier surf tourism location.

"Ever since we opened there's been an explosion of local surf businesses and local surfing.

"It's incredible. That's why we got all these young up-and-coming stars now because they're able to surf some of the best waves in the world."

Indigenous Fijians left out

While some locals cashed in on the boom, the Indigenous owners of the coastlines and seas where people were surfing could only look on as others profited.

The decree removed their rights to control access to their marine areas and banned other activities from surfing hotspots, like fishing.

"No-one was allowed to receive any compensation, so they were denied the huge opportunities to make something out of their resources," said Tourism Minister Bill Gavoka.

Mr Gavoka said a long-foreshadowed bill to revoke the surfing decree will go to parliament next week, but what exactly will replace it remains unclear.

"In place will be a structure that is designed to liberalise access to all the marine areas … and ensure resource owners are compensated for the use of their marine areas," Mr Govoka said.

It is understood the replacement legislation is intended to restore Indigenous rights over marine areas, rather than give back exclusive wave access to resorts.

Mr Gavoka said it would undergo public consultation after it was tabled in parliament.

How Indigenous owners will be compensated is yet to be determined, but Mr Govoka said people would not be able to set their own fees for access to waves.

Concern and confusion over what's next

The change, and lack of concrete information about what comes next, is causing some concern among stakeholders.

The Fiji Surfing Association and the Fiji Hotels and Tourism Association both declined to comment on the upcoming repeal of the surfing decree.

Both groups said they did not have enough information on the change and were waiting to see the new law when it reaches parliament.

Meanwhile, Ian Ravouvou Muller has a foot in both camps — having indigenous Fijian ancestry and being a surfer running a surf-related business.

He said it was only fair traditional owners got a slice of the action.

"That's been their fishing grounds. Surfers come in, they chase away the fish. They have no fish to eat. They need to be compensated. They destroy the reefs. They need to be compensated."

When the public consultations began, Mr Muller said he would propose the creation of what he called "ocean parks".

"Where it's user pays and that money goes back into lifeguards, security, village protection, reef protection, making sure that the ocean and the people are looked after and it's sustainable," he said.

"I think that's probably the most sensible way of moving, where everybody wins, and it could be a great model for the rest of the world."