Public Access to Beaches in Mauritius, A Right Under Threat

In Mauritius, all beaches are, without exception, open to the public. However, recent complaints from the public regarding restricted access have prompted the Law Reform Commission to address this issue.

The Commission has published a report titled “Criminalisation of Denial of Access to Public Beaches in Mauritius,” reviewing existing laws and suggested tougher penalties for those who violate them. At the core of its proposals is the Public Beach Access and Protection Bill.

The Law Reform Commission emphasized that access to the beach is a fundamental right, and denying the public this access constitutes an offense.

As of August 2022, the report noted that Mauritius has 134 officially recognized public beaches, as listed in the Government Gazette.

Furthermore, the island boasted approximately 330 hectares of beach, translating to around 322 kilometers of coastline.

Out of this total, 90 kilometers are occupied by hotels, 60 kilometers by private residences, and only 48 kilometers are officially accessible to the public — a mere fraction of the total beach area.

The detailed 53-page report explains that according to the Beach Authority Act of 2002, a public beach is defined as “a space along the coast which, by notice published in the Gazette, has been declared to be a public beach by the minister responsible for housing and lands, including the area between the high-water mark and up to a distance of 100 meters from the low-water mark.”

However, the report acknowledged that climate change is complicating the ability to definitively establish the high-water mark.

It also addressed “Pas géométriques,” which are areas that cannot be fully sold and are instead leased for private use — whether for hotel developments or other projects.

The Law Reform Commission stressed that under the law, the public retains the right to walk, sunbathe, and engage in recreational activities in these areas, provided they respect the rights of others.

The report introducds the concept of “ethical beachgoer conduct.”

The public is entitled to access beaches, even those situated in front of hotels and bungalows, as long as they do not exceed a distance of 81 meters and 21 centimeters from the designated mark.

Properties beyond this distance may be privatized after being leased to hotels or bungalows.

However, the commission pointed out that the current law remains vague regarding public access to these leased Pas géométriques, creating opportunities for abuse and arbitrary enforcement.

The report emphasized the dual nature of beaches; while they are sought after for recreational activities and their natural beauty, they are also subject to private property rights when adjacent to private lands.

The principle of right of way is seen as a crucial mechanism to balance these conflicting interests, ensuring public access to beaches while respecting private property boundaries.

Among the commission’s recommendations are calls for stricter regulations regarding vehicle use on beaches.

It also suggested the installation of more informational signs in English, French, and Kreol Morisien to ensure all citizens can access vital information regarding the beaches and be made aware of those leased for private activities.

The report stated that “any obstruction to access for the public shall be considered an offence and shall be liable to a fine not exceeding Rs 100,000.”

The Law Reform Commission advocating for increased beach patrols and trained officers to enforce existing laws and mediate conflicts, allowing Mauritians to fully enjoy beach access.

Legally, the commission calls for amendments to the Beach Authority Act to include a section on penalties and offenses and proposes new legislation aimed at criminalizing the denial of public access to beaches.

This initiative is encapsulated in the proposed Public Beach Access and Protection Bill.

Source: Le Mauricien