Foreign landowners have no ownership over adjacent marine areas

The newly enacted Oceans Act confirms that Vanuatu’s seas and oceans cannot be privately owned by foreigners or expatriates. While land may be legally purchased, ownership does not extend to surrounding marine areas.

The law, passed by Parliament in November last year and now in force, aims to reinforce customary authority over sea access and marine resources. Authorities have launched nationwide awareness campaigns to educate communities, with the first consultations held with chiefs last month to support customary decision-making.

Acting Director of Oceans Tony Tevi said foreign landowners do not automatically have rights over adjacent sea areas. Any individual seeking to restrict or manage access to the sea must first consult traditional leaders, as decisions regarding marine spaces remain under customary authority.

Mr. Tevi noted that chiefs play a central role in determining whether certain sea areas should remain open, be restricted, or be managed under specific customary rules. Custom institutions recognised under the Oceans Act hold the power to make these decisions.

The law also includes strict penalties for non-compliance. Offences carry fines starting from VT500,000 for initial violations, rising to VT5 million for more serious breaches, and up to VT10 million for major offences.

Consultations with the Malvatumauri National Council of Chiefs are ongoing to ensure communities are widely informed. Mr. Tevi explained that development of the legislation began nearly a decade ago, prompted by concerns over sea boundaries and the need to strengthen legal protection for Vanuatu’s marine resources.

While the ocean is collectively owned by the people of Vanuatu, chiefs remain central to governance by regulating access and encouraging responsible use. The ongoing awareness campaign aims to ensure communities understand their rights and obligations under the new law as it is implemented nationwide.

ezra@dailypost.vu