Catching the Wave: Ocean Act passes into law in Vanuatu

pacificlegalnetwork
1 day ago
4 min read

Updated: 1 day ago

By Jennifer La’au and Damian Kelly

The ocean defines the Pacific. Clam oceanic waters give the Pacific its name. The ocean gives the Pacific its geography, disparate islands separated by never-ending sea. The ocean gives the Pacific its bounty, tuna, coral and deep-sea mineral deposits. The ocean gives the Pacific its unique culture of seafarers and surf-riders. The ocean gives the Pacific its challenges, cyclones, monsoons, tsunamis, and rising tides.

It makes sense then that on 18 November 2025, the Ocean Act 2025 (Act) was gazetted after being passed into law by the Parliament of Vanuatu. The Act establishes a national framework for protecting ocean and returns stewardship of the ocean and coast back to customary communities.

What is the Ocean Act?

According to the explanatory memorandum prepared by the Minister of Fisheries, Oceans and Maritime Affairs (Minister), the Act creates a framework:

(a) “to oversee Vanuatu’s ocean space through the enactment of the Vanuatu Marine Spatial Plan, over Vanuatu’s 100% ocean space and ensure effective coordination of plans, decisions, and activities among agencies and ministries responsible for ocean and marine governance; and

(b) to support the continued application of traditional knowledge and governance of the coastal zone.”[1]

The Marine Spatial Plan is set to be an area-based management tool that will allocate the use of marine spaces for human activities while also balancing the ecological, economic and social development goals. The Plan will specifically demarcate different oceanic zones, including:

(a) General Use Zone – which allows sustainable activities;

(b) Sustainable Use Zone - restricting most large-scale commercial fishing activities, while permitting other ecologically sustainable practices; and

(c) No-Take Zone - prohibiting all seabed mineral activities and other ecologically sustainable uses; and

(d) Tabu Zone - prohibiting all ecologically sustainable activities as determined by traditional entities.

The Act establishes the Vanuatu National Ocean Council (VNOC) which will be responsible for implementing the Marine Spatial Plan, including providing recommendations to the Minister and engaging with external stakeholders to gain support for the implementation of the Marine Spatial Plan.

Why is the Ocean Act important for customary landowners?

Although the VNOC has not yet commenced operations, when it does, the development of the Marine Spatial Plan will return stewardship of maritime and coastal zones to customary landowners. Traditional custodians have been managing coastal ecosystems since time immemorial. By returning management of maritime and coastal zones to the customary landowners, the Act will be restoring management rights and in doing so restoring access to indigenous knowledge. This can be clearly seen in the establishment of Tabu (taboo) areas which will be restricted for use for kastom (customary practice).

The VNOC will be required to engage with local communities in devising and subsequently implementing the Marine Spatial Plan to draw on local knowledge and culture. This means indigenous voices and custodians will be given a voice at the table when deciding how their local marine spaces are used and exploited. This will also require the VNOC to consider the livelihoods of local communities, and ensure that they can continue to rely on the bounty that is provided by the ocean. For example, in the Sustainable Use Zone, commercial fishing ventures will be excluded, however traditional fishing will be permitted.

Scientific understanding will also inform the VNOC and its Marine Spatial Plan, but scientific data points will work in tandem with traditional knowledge.

Why is the Ocean Act important for businesses?

The Marine Spatial Plan will establish new ocean zones and in effect redraw the map of Vanuatu’s contiguous waters. Shipping and fishing are two industries likely to be affected by the implementation of the Plan. For example, it’s possible that ships will not be able to enter the Tabu Zone. Large purse seine commercial fishing vessels will also be unable to conduct activities in the Sustainable Use, No-Take and Tabu Zones.

The Plan may also require businesses to engage with local communities to access coastal areas. For example, a resort may be restricted in its ability to allow holiday makers access to certain parts of the coast and beach without a formalised agreement. There are serious penalties where individuals and businesses fail to comply with the proper use of an ocean zone, beach or coast. These fines include up to VUV 50,000,000 for conducting a prohibited activity.

Interestingly, the Act opens up marine areas to the potential of seabed mining, with the General Use Zone seemingly allowing for the sustainable extraction of minerals from the seabed. This differs from the Sustainable Use Zone which explicitly excludes the use of the zone for seabed mineral activities. Once the Marine Spatial Plan is implemented, businesses may be able to commence the exploitation of marine areas for mineral deposits.

Where does the Ocean Act place Vanuatu in terms of its international legal obligations?

The Act enshrines aspects of the United Nations Declaration on the Rights of Indigenous Peoples, namely by recognising that “indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment”.[2] The Declaration further asserts the right of indigenous peoples to maintain, protect and develop their traditional knowledge and traditional cultural expressions, including through the use of natural resources, and requires governments to engage with traditional custodians when exploiting natural resources such as water.[3]

The Act is set to accelerate Vanuatu’s adoption of principles expressed in the UN Declaration, and it’s likely that once the Marine Spatial Plan is developed, further expressions of those principles will become apparent.

Next steps

The development and implementation of the Marine Spatial Plan is likely to take some time. The VNOC’s first role will be to reach out to communities, including leaders such as chiefs, scientists and businesses. Once that public consultation occurs, there will likely be wide-sweeping changes. Stay tuned for more information or get in touch to learn more.