The practice of private ownership on the beach and implication towards public access to the beach

Abstract

Planning plays an important role in determining if development on beaches is permitted. The study focuses on access to public beaches, particularly private beaches. The presence of a private beach has created a problem on public access to the beach due to the practice of private ownership by the government. The scenario on the practice of private beach has been established in the global tourism landscape but is still a relatively new concept in Malaysia, thus, the effect on public access is rarely being researched. This research focused on four objectives which were to explain government practice in land administration regarding the practice of private ownership existence on beaches; to identify the challenges from the practice of private ownership on the beach that implicates public access to the beach; to recognise the relationship of private ownership on the beach with public access to the beach; and to propose suitable recommendation to the government in improving administration in private ownership on the beach without compromising public access on the beach. A qualitative methodology was adopted through a case study strategy to study this phenomenon in Avani Sepang Goldcoast (SGC) in Bagan Lalang, Sepang Selangor. Semi-structured interviews were conducted to obtain insights from local municipalities, the Sepang Municipal Council, related government agencies, the developer of Avani SGC project, and with SGC Sdn. Bhd itself. Meanwhile, the document analysis was implemented to provide further details and convergence to the findings. This research found that the practice of ‗private beach‘ in Selangor exists through state land alienation and transfer to private parties for ‗eco-tourism‘ redevelopment in Bagan Lalang‘s coastal area, which comprises soil land and beach land and water body. Such practice explicitly institutionalised the safeguard for public access on the beach through government meeting minutes and tacitly practised through ‗joint venture company comprised of developer and state government agency. This research also found evidence limiting public access to the beach due to practice of private ownership such as physical barrier and trespass notice. However, the study also found that the restriction was necessary for the safety and security of the premises. This research managed to obtain possible recommendations to improve government practice of private ownership on the beach without compromising public access to the beach. To summarise, key informants agree that this is a complex issue that requires intense caution when considering the implications, models, and administrative processes associated with beach redevelopment. There is a need to govern the subject holistically and to have a strong mechanism and governance by states through the interference of all tiers of governments in enacting new legislation governing beach management, adding to the number of existing policies and guidelines, addressing the issue of preserving beaches for public use, and promoting the integration of a beach.