(2021)
SECTION 1
1 There is established the National Hydrographic Agency (in this Act referred to as “the Agency”). 2 The Agency- a shall be a body corporate with perpetual succession and a common seal; b may sue or be sued in its corporate name; and c may acquire, hold or dispose of movable or immovable property.
Establishment of the National Hydrographic Agency.
SECTION 2
1 The objectives of the Agency are to – a carry out hydrographic and oceanographic surveys, including ocean meteorology for national defence; b fulfill all international hydrographic treaties, conventions and protocols acceded to by Nigeria; c carry out commercial hydrography, seismic and other marine surveys for economic diversification and revenue generation for the Federal Government of Nigeria; d provide maritime safety information, notices to mariners and nautical publications for the safety of seafarers in line with joint International Hydrographic Organisation (IHO), International Maritime Organisation (IMO) and World Maritime Organisation (W MO) manuals on maritime safety information; e represent Nigeria in all international hydrographic matters; f provide official nautical charts and publications, sailing directions, list of lights, notices to mariners, tide tables and other nautical publications, where applicable, satisfying the needs for safe navigation within Nigerian waters and the sub region in general; g plan, acquire and maintain survey platforms, including surface, sub-surface and air survey platforms that form part of the National Hydrographic Survey Fleet; h plan, acquire and maintain survey and charting equipment, instruments, software and infrastructure for the Agency; i conduct training and re-training in hydrographic surveying, nautical cartography and related fields for Agency and Nigerian Navy personnel as well as other interested Nigerians and allied countries, using the medium of the Nigerian Navy Hydrographic School; j monitor, control, superintend and coordinate all national hydrographic and oceanographic surveys; k be the sole authority for nautical charting, tidal matters and other nautical publications in Nigeria; l be the depository for all hydrographic, oceanographic and seismic data in Nigeria; m collect hydrographic, oceanographic and other related data from all government and private stakeholders in Nigeria and use same for compilation of nautical charts and publications, including dissemination and updating of all nautical information necessary for safe navigation within the Maritime Zones and navigable internal waters of Nigeria; n regulate all hydrographic surveys conducted within Nigerian waters to ensure that they are in accordance with international standards and consistent with the need to ensure or improve safe navigation within Nigerian waters; o superintend all land survey and dredging matters within the Nigerian Navy and assist in the delimitation and demarcation of maritime boundaries of Nigeria in conjunction with National Boundary Commission; p provide, custody and distribute navigational equipment and publications for the Nigerian Navy; q plan and provide appointments, training and career of personnel (Naval and Civilian) into hydrographic specialisation; r liaise with other local and international mapping, hydrographic and oceanographic organisation for the purpose of maintaining local and international standards and provide accurate and up-to- date hydrographic data including electronic navigational charts, tide or current information, as well as forecasting and shoreline surveys; s support emergency response, ecosystem approaches to marine management, and coastal resiliency by providing hydrographic data and services, planning, acquisition and maintenance of hydrographic and oceanographic platforms (ships, aircrafts, boats) and equipment; and t carry out any other duty as may be assigned by the Council; 2 For the purpose of carrying out its objectives under subsection (1), the Agency shall – a establish such centres, facilities, departments and other research units within the Agency as may be necessary or desirable, subject to the approval of the Council; b be responsible for the discipline and welfare of personnel of the Agency; c refer matters relating to the discipline of military personnel in the Agency according to the Armed Forces Act; d conduct and sponsor studies and researches in hydrography and related fields of learning; e engage top quality staff of international standards aimed at creating a centre of excellence in mandated fields of study; f subject to the provisions of the Land Use Act, acquire, hold, grant, charge or otherwise deal with or dispose of moveable and immovable property wherever situate; g accept gifts, legacies and donations, provided that the terms and conditions attached to such gifts, legacies or donations are not inconsistent with the objectives and purpose of the Agency; h erect, provide, equip and maintain libraries, laboratories, lecture halls, and other buildings as are necessary for the carrying out of the objects of the Agency; i subject to any limitation or condition imposed by statute, invest any money belonging to the Agency by way of endowment, whether for general or special purpose or such other money as may not be immediately required for current expenditure in any investment or security in the purchase or improvement of land, with power to vary any such investment and to deposit any money not invested with any approved bank on deposit or current account; j borrow, whether on interest or not and if need be upon the security of any of the property, moveable or immovable of the Agency, such money as the Council may require, or to guarantee any loan, advance or credit facility; k do such other things as may be required for the effective and smooth running of the Agency; and l do such acts or things that are incidental to the attainment of its powers under this section as are considered necessary to promote the objectives of the Agency.
The objectives of the Agency.
SECTION 3
There is established for the Agency a Governing Council (in this Act referred to as “the Council”).
Establishment of the Governing Council.
SECTION 4
The Council shall consist of the – a Minister responsible for Defence as Chairman; b Minister responsible for Transportation; c Attorney-General of the Federation and Minister responsible for Justice; d Minister responsible for Finance; e Chief of Defence Staff; f Chief of Naval Staff; g Surveyor General of the Federation; h three ex-officio members appointed by the President; and i Hydrographer of the Federation as Secretary.
Composition of the Council.
SECTION 5
The Council – a shall initiate or approve the policy of the Agency and may give the Agency directions on general or specific matters; b shall grant approval for the Agency to enter into research and production partnerships with any company, non-governmental organisation, firm or individual; c may make regulations generally for the purpose of giving effect to the provisions of this Act, facilitating the performance of the functions of the Agency or carrying out its objectives; d may delegate any of its powers or functions to any person, authority or committee except for its power to approve statutes of the Agency; e shall approve the creation of any office, department or committee as may be considered necessary or expedient for the smooth running of the Agency; f shall recommend the nomination of Hydrographer of the Federation to the President for approval subject to the provisions of the Armed Forces Act; g shall exercise control and supervise the policy, finances and property of the Agency; h shall appoint the provost, professors and other academic and administrative staff, stipulate terms and conditions of their appointment, determine the remuneration of the principal officers and other staff of the Agency that are not military personnel and the scope of their responsibilities; i shall do such other things as are necessary for the successful performance of the functions of the Agency; and j shall approve the organisational structure, committees and definition of duties established by the Hydrographer of the Federation.
Functions and powers of the Council.
SECTION 6
The office of a member of the Council is deemed vacant if within four years from the date of first appointment – a he dies; b he resigns before the expiration of his tenure; c he is adjudged to be medically unfit, a lunatic or of unsound mind; d a case of gross misconduct is established against him; e he is sentenced to death or imprisonment; f he is adjudged or declared bankrupt; g he is discovered to be a member of any secret society; or h he is indicted for fraud or embezzlement by a judicial commission of inquiry or indicted for contravention of the Code of Conduct;
Tenure of office of members of the Council.
SECTION 7
The Headquarters of the Agency shall be situated in the Federal Capital Territory, Abuja. 2 There shall be at the headquarters the following offices and departments- a Office of the Hydrographer of the Federation and Chief Executive Officer (CEO); b Naval Assistant Secretary; c Deputy Hydrographer; d Director, Survey Operations; e Director, Cartography; f Director, Aerial Survey; g Director, Cadestral Survey; h Director, Legal; i Director, Finance; j Director, Photogrametry and GIS; k Director, Administration; l Director, Nautical Publication; and m Director, Survey Instruments. 3 Each Department shall be headed by a Director with an establishment rank of Rear Admiral or its equivalent in other security agencies or a civilian with requisite professional experience, for a minimum term of two years. 4 The Agency shall have the power to establish other departments as the need arises.
Structure of the headquarters, offices and departments of the agency.
SECTION 8
There shall be appointed for the Agency a Hydrographer of the Federation whose – a appointment shall be drawn from the Nigerian Navy, not below the rank of a serving Rear Admiral or its equivalent; and b appointment and removal from office shall be in accordance with military posting, on the nomination of the Chief of Naval Staff and Council, recommended to the President for approval. 2 The Hydrographer of the Federation shall be experienced in hydrographic survey operations and management or offshore survey and is responsible to the Council for – a giving to the Council such information as to the activities of the Agency as the Chairman of the Council may require; b authorising programmes and plans for giving effect to policy approved by the Council or to any direction of the Council subject to all or any of the powers in this section as may be delegated to him by the Council; c carrying out the administration of the Agency; d preparation of programme of work and estimates of the Agency’s income and expenditure annually; e supervision of the activities of the Directors in the Agency; f co-ordinating the activities of the Centres; and g establishment of organisational structures, committees and definition of duties. 3 The power delegated to the Hydrographer of the Federation shall not preclude the Council from exercising them in any special case. 4 The Hydrographer of the Federation shall hold office for a minimum term of four years.
Appointment and Functions of the Hydrographer of the Federation.
SECTION 9
There shall be appointed for the Agency, a Deputy Hydrographer, drawn from the Navy, not below the rank of a serving Major-General or its equivalent whose appointment and removal from office shall be in accordance with Military posting, on the recommendation of the Chief of Naval Staff and Council approval, must be Knowledgeable in hydrographic survey and have demonstrated experience in hydrographic survey operations or offshore survey. 2 The Deputy Hydrographer shall assist the Hydrographer of the Federation in the administration of the Agency and in any other responsibility as may be assigned to him.
Appointment and Functions of the Deputy Hydrographer of the Federation.
SECTION 10
The Hydrographer of the Federation is the Secretary to the Council and shall be in charge of the Secretariat of the Council. 2 The Secretary of the Council, in addition to such other functions and duties as the Council may assign, shall – a prepare the minutes of meetings of the Council and its Committees; b keep and secure the records of the Council; c issue notices of meetings of the Council and other correspondences as may be directed by the Minister responsible for Defence; and d ensure proper dissemination of the decisions of the Council to the appropriate persons, institutions or authorities.
Functions of the Secretary to the Council.
SECTION 11
The Nigerian Navy shall post Naval Officers from time to time, to fill administrative, command, and other military vacancies in the Agency. 2 The Council shall- a appoint highly skilled retired officers from the Armed Forces, other security agencies or civilian members of staff for the Agency for research and general administration as it considers necessary; and b approve terms and conditions of service including provision for the payment of pensions. 3 Newly appointed members of staff of the Agency shall, unless exempted by the Minister of Defence, take such oaths as to secrecy and other matters as the Minister of Defence may direct.
Posting of staff to the Agency.
SECTION 12
For continuation in projects, personnel who are trained hydrographic specialists posted to the Agency shall have a minimum of three years tour of duty to enable them acquire requisite training, experience and transfer of knowledge in hydrographic survey operations.
Tour of duty duration.
SECTION 13
There is established the National Hydrographic Development Fund (in this Act referred to as “the Fund”). 2 There shall be paid into the Fund- a grants-in-aid and assistance from bilateral and multilateral agencies; b all other sums accruing to the Fund by way of gifts, endowments, bequest or other voluntary contributions by persons and organisations: Provided that the terms and conditions attached to such gifts, endowments, bequest or contributions will not jeopardise the functions of the Agency; c such money as may be appropriated for the Fund by the National Assembly; and d foreign aids and assistance from bilateral and multilateral agencies.
Establishment of the National Hydrographic Development Fund.
SECTION 14
The Agency shall apply the funds to – a the training of members of staff of the Agency and provision of scholarships and awards for specialised training of personnel; b pay the civilian personnel, overhead allowances, benefits and other administrative costs of the Agency; and c pay all personnel involved in hydrographic survey programmes a special allowance called Hazard Allowance (HA), Special Skill Allowance (SSA), Shift Allowance (SA) and Plain-Clothing Allowance (PCA).
Expenditures of the Agency.
SECTION 15
All incomes derived by the Agency from the sources specified in this Act and all contributions to the Fund of the Agency shall be exempted from tax.
Exemption from payment of tax.
SECTION 16
The Accounts of the Agency shall be audited not later than six months after the end of the year to which they relate by auditors appointed by the Agency from the list of auditors supplied and in accordance with the guidelines issued by the Auditor-General for the Federation. 2 An auditor appointed under subsection (1) shall have access to all accounts and other records relating to such accounts as are kept by the Agency and shall have the power to request from any staff of the Agency such information and explanation as in the Auditor’s opinion are necessary for the purpose of the audit.
Audit and Accounts.
SECTION 17
The Agency shall prepare and submit to the Council not later than 30 June in each year, a report on the activities of the Agency, the audited accounts of the Agency and the Auditors’ report for each year preceding the report.
Annual report.
SECTION 18
The Council may, with the consent of or in accordance with the general authority given to it by Government, borrow by way of loan or overdraft from any source or money required by the Agency for meeting its obligations in the performance of its functions under this Act.
Power to borrow.
SECTION 19
The Agency may accept gift of land, money, property or loan, upon such terms and conditions if any, as may be specified by the person or organisation making the gift provided that the conditions attached by the person making the gifts are not inconsistent with the objectives of the Agency and the Federal Government policy.
Power to accept gifts.
SECTION 20
The Agency shall ensure the implementation of all policies in the attainment of its goals and objectives. 2 The policies shall be in line with the National Hydrographic policy and Program as well as Defence Policy of the nation. 3 The implementation of such policies shall be under the direct responsibility of the Hydrographer of the Federation.
Implementation of policies.
SECTION 21
Any landed property of the Agency shall not be disposed of or charged except with the resolution of the Council.
Restriction on the disposal of landed property.
SECTION 22
All Nigerian flagged ships shall carry nautical charts and publications produced by the Agency while navigating within Nigerian maritime zones and internal waters. 2 Where such publications are not available at the Agency, a producer nation from where such publications can be obtained shall be designated by the Agency.
Carriage of nautical publications.
SECTION 23
Copyright shall exist in all official nautical charts, nautical publications or hydrographic data produced by the Agency. 2 The Hydrographer of the Federation shall be the sole agent for the application and management of the copyright, under Nigeria’s Copyright laws on nautical charts, nautical publications and hydrographic data.
Copy right.
SECTION 24
The standards of competence of hydrographic surveyors and nautical cartography shall be as promulgated by the International Hydrographic Organisation (IHO), or International Federation of Surveyors (IFS).
The standards of competence.
SECTION 25
The Agency shall be responsible for keeping and management of all hydrographic information, source documentation, original surveys, nautical charts and nautical publications in the official hydrographic archives, as part of the National Archives of Nigeria.
National archives.
SECTION 26
The bodies established under this Act, shall have power to constitute committees consisting members of such bodies and, subject to the provisions of sections 5 and 10 of this Act, authorize a committee established by it to exercise on its behalf, such functions as may be delegated to the committee.
Establishment of committees.
SECTION 27
In this Act – “CNS” means Chief of Naval Staff; “CEO” means Chief Executive Officer; “Fund” means the Fund of the Agency or National Hydrographic Development Fund established under section 13 (1) of this Act; “misconduct” means immoral, unethical or unprofessional behavior; “other security agencies” means the Nigeria Police Force, the Department of State Security Services, the National Intelligence Agency, Nigerian Customs Service, Nigerian Immigration Service, Nigeria Security and Civil Defence Corps; “President” means the Commander-in-Chief of the Armed Forces of Federal Republic of Nigeria; ‘regulation” means any regulation made under this Act; and “Secretary” means the Secretary of the Council appointed under section 10 (1) of this Act;
Interpretation.
SECTION 28
This Act may be cited as the National Hydrographic Agency (Establishment) Act, 2021.
Citation.
