NIGERIAN PORTS AUTHORITY ACT

NIGERIAN PORTS AUTHORITY ACT

ARRANGEMENT OF SECTIONS

PART I

Establishment, etc., of the Nigerian Ports Authority and its Governing Board

SECTION

1. Establishment of the Nigerian Ports Authority.

2. Establishment and membership of the governing Board.

3. Tenure of office, etc.

4. Removal from office, etc.

5. Emoluments, etc.

6. Disclosure of interest.

7. Functions of the Authority.

8. Powers of the Authority.

PART II

Functions and powers

9. Power to act through officer or agent, etc.

PART III

Staff

10. Managing director and executive directors of the Authority.

11. Other staff of the Authority, etc.

12. Service in the Authority to be pensionable.

PART IV

Financial provisions

13. Fund of the Authority.

14. Reserve funds.

15. Application of surplus revenue.

16. Power to borrow money and raise capital from non-Government sources.

17. Power to borrow money from Government sources, etc.

18. Power to borrow money temporarily.

19. Investment of monies.

20. Annual estimates, accounts and audit.

21. Annual report and periodical returns.

22. Exemption from tax.

23. Power to accept gifts.

SECTION

PART V

Provisions relating to land

24. Compulsory acquisition of land.

25. Restrictions on alienation of land.

26. Power to enter land to erect beacons and make surveys.

27. Power to remove obstruction to visibility of lighthouses and beacons.

28. When notice of entry on land to be given.

29. Compensation for damages.

PART VI

Declaration of ports

30. Power to declare places, etc., as ports, their limits and approaches.

PART VII

Regulation of ports

31. Power to appoint harbour master.

32. Power of Authority to make port regulations.

PART VIII

Regulation of piers in ports

33. Restriction on the erection, etc., of piers.

34. Licences for erection, etc., of piers.

35. Cancellation of licence for breach of condition or contravention of regulation or public interest.

36. Removal of piers.

37. Regulations relating to piers.

38. Application to the State.

PART IX

Regulation of the wharves, etc., of the Authority

39. Authority to set apart customs area.

40. Power of the Authority to make bye-laws for control, etc., of wharves.

PART X

Pilotage

41. Minister may establish pilotage districts.

42. Obligations where pilotage is compulsory.

43. Power of Authority in relation to pilots.

44. Establishment and membership of pilotage boards.

45. Duties of pilotage board.

46. Meetings of pilotage board.

SECTION

47. Inquiries into conduct of pilots.

48. Power to take evidence on oath and summon witnesses.

49. Misconduct of witnesses.

50. Punishment of pilots by pilotage board.

51. Appeal to Minister against decision of pilotage board.

52. Revocation of pilot’s licence by the Authority.

53. Power of the Authority to make regulations for pilotage districts.

54. Liability of the master or owner in the case of a ship under pilotage.

55. Limitation of pilot’s liability when bond is given.

PART XI

Dues and rates

(a) Harbour dues

56. Harbour dues and rates.

57. Master to supply information on arrival.

58. Master to supply information on proceeding outwards.

59. Time of payment of harbour dues.

60. Liability for payment of harbour dues and rates.

61. Consignee or agent may retain harbour dues out of owner’s monies.

(b) Ships’ dues

62. Pilotage dues and fees.

63. Liability for payment of dues.

64. Consignee or agent may retain ships’ dues out of owner’s monies.

65. Levy of rates.

66. Authority to have lien on goods.

67. Lien for freight preserved after landing if notice given.

68. Discharge of lien by payment or release.

69. Power of Authority to sell if rates not paid or lien not discharged.

70. Application of proceeds of sale.

(c) General provisions as to dues and rates

71. Power of Authority to make regulations for levy of dues and rates.

72. Power of entry to ascertain dues, etc.

73. Weighing and measuring of goods in case of dispute.

74. Payment of expenses of weighing and measuring.

75. Power to distrain or arrest ship, etc., for non-payment of dues and rates.

76. Clearance to be withheld until dues or rates are paid.

77. Authority may recover dues, rates, etc., by suit.

78. Book specifying dues and rates to be kept at port.

79. Exemptions from provisions of this Part.

80. Application of this Part to government goods.

SECTION

PART XII

Liability of the Authority

(a) As a carrier of passengers

81. Liability of Authority for loss of life or injury to passengers.

82. No liability for delay to passengers.

(b) As a carrier of goods by ship

83. Liability for loss or damage to goods.

84. Liability for delay of goods.

85. Limitation of liability for loss of animals.

(c) As a warehouseman

86. Liability for loss of goods.

(d) In connection with pilotage

87. Limitation of liability of the Authority in connection with pilotage.

88. Limitation of liability where several claims on one occasion.

89. Power of court to consolidate claims.

90. Liability in connection with pilotage when Authority is a ship owner.

91. Licensing of pilots does not involve liability.

PART XIII

Legal proceedings

92. Legal proceedings.

93. Service of documents.

94. Restriction on execution against the property of the Authority.

95. Stay of arrest in certain cases.

96. Representation of Authority at hearing of suit.

PART XIV

Offences

(a) Offences in connection with lighthouses. etc.

97. Damage to lighthouses, buoys and beacons.

98. Power to prohibit false lights. etc.

99. Penalty for obstructing authorised entry, etc.

(b) Offences in connection with pilotage

100. Penalty in respect of ship entering compulsory pilotage district without pilotage. 10l. Penalty on pilot endangering a ship.

102. Penalty for illegal piloting.

(c) Offences in connection with dues, rates, returns, etc.

SECTION

103.Evasion of dues and rates.
104.Failure to comply with sections 57 and 58.
105.False returns.

(d) Offences in connection with ships

106. Penalty for unlawfully loosing moorings.

107. Wilfully sinking vessels.

(e) Offences by employees of the Authority

108. Demanding improper amounts.

109. Application of sections 98, 99 and 100 of the Criminal Code.

110. Behaviour of employees of the Authority.

PART XV

Miscellaneous provisions

111. Exemption of Authority land.

112. Rating.

113. Saving of powers under customs laws.

114. Supply of information before the departure of ship for Nigeria.

115. Notice of permission to enter Nigerian ports, etc.

116. Prohibition of entry into Nigeria of ships in certain cases.

117. Alteration of allocation of ports, etc.

118. Publication of information on movement of ship, etc.

119. Offences by master, etc., of ship.

120. Trial of offences.

121. Bye-laws made by the Authority to be approved by Minister.

122. Publication of bye-laws, etc.

123. Existing ports deemed to be Federal ports.

124. Directives by the Minister.

125. Repeal of 1993 No. 74 and savings, etc.

126. Regulations.

127. Interpretation.

128. Short title.

SCHEDULES FiRST SCHEDULE

Supplementary provisions relating to the Board, etc.

SECOND SCHEDULE

Ports

THIRD SCHEDULE

Assets vested in the authority

NIGERIAN PORTS AUTHORITY ACT

An Act to establish the Nigerian Ports Authority with the functions of providing and operating necessary facilities in ports and maintaining, improving and regulating the use of the ports; and to provide for matters connected therewith.

[1999 No. 38.]

[10th May, 1999]

[ Commencement.] PART I

Establishment, etc., of the Nigerian Ports Authority and its Governing Board

1. Establishment of the Nigerian Ports Authority

(1) There is hereby established, an authority to be known as the Nigerian Ports Authority (in this Act referred to as “the Authority”).

(2) The Authority-

(a) shall be a body corporate, with perpetual succession and a common seal; and

(b) may sue and be sued in its corporate name.

2. Establishment and membership of the governing Board

(1) There is hereby established for the Authority, a governing Board which shall consist of-

(a) a chairman;

(b) one person to represent the Federal Ministry of Transport;

(c) five persons with experience in shipping and commercial matters;

(d) the managing director of the Authority; and

(e) the executive directors of the Authority.

(2) The chairman and members of the Board, other than ex-officio members, shall-

(a) be appointed by the President on the recommendation of the Minister; and

(b) be persons with proven integrity and with relevant cognitive experience.

(3) The Board shall have a secretary, who shall be the head of the legal department of the Authority.

(4) The supplementary provisions set out in the First Schedule to this Act, shall have effect with respect to the proceedings of the Board and the other matters contained therein.

[First Schedule.]

3. Tenure of office, etc.

The chairman and other members of the Board, other than ex-officio members–

(a) shall hold office for a period of four years on such terms and conditions as may be specified in their letters of appointment; and

(b) may be reappointed for one further period of four years.

4. Removal from office, etc.

(1) Notwithstanding the provisions of section 3 of this Act, a member may at any time be removed from office by the President, for inability to discharge the functions of his

office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(2) A member of the Board may resign his appointment by a notice in writing under his hand addressed to the President and that member shall, on the date of the receipt of the notice by the President, cease to be a member of the Board.

5. Emoluments, etc.

A member of the Board shall be paid such emoluments, allowances and benefits as the President may, from time to time, approve.

6. Disclosure of interest

(1) A member of the Board who is directly or indirectly interested in any matter being deliberated on by the Board or is interested in any contract made or proposed to be made by the Authority shall, as soon as possible after the relevant facts have come to his knowl- edge, disclose the nature of his interest at a meeting of the Board.

(2) A disclosure under subsection (1) of this section shall be recorded in the minutes of meetings of the Board and the member shall-

(a) not, after the disclosure, take part in any deliberation or decision of the Board; and

(b) be excluded for the purpose of constituting a quorum of any meeting of the Board for any deliberation or decision,

with regard to the subject matter in respect of which his interest is so disclosed.

PART II

Functions and powers

7. Functions of the Authority

The functions of the Authority shall be to-

(a) provide and operate, in the ports, such facilities as appear to it best calculated to serve the interest of Nigeria;

(b) maintain, improve and regulate the use of the ports;

(c) ensure the efficient management of port operations, optimal allocation and use of resources, diversification of sources of revenue and guaranteeing adequate returns on its investments, in order to contribute effectively to the wellbeing of the Nigerian society;

(d) provide, for the approaches to all ports and the territorial waters of Nigeria, such pilotage services and lights, marks and other navigational services and aids, including cleaning, deepening and improving of all waterways;

(e) provide facilities for-

(i) berthing, towing, mooring, moving or dry-docking of ships, in entering or leaving a port or its approaches;

(ii) the loading and unloading of goods or embarking or disembarking of passengers in or from a ship;

(iii) the lighterage or the sorting, weighing, warehousing and handling of goods; and

(iv) for the carriage of passengers or goods;

(f) manage, supervise and control or take part in the management, supervision or control of any company or undertaking in which the Authority is interested, by reason of shareholding or otherwise and for that purpose appoint and remuner- ate directors, accountants, other experts and agents;

(g) provide and use appliances for the towage or protection, or salvage of life and property or for the prevention of fire within Nigeria and on vessels on the high seas;

(h) supply water to shipping vessels;

(i) control pollution arising from oil or any other substance from ships using the port limits or their approaches;

(j) provide and operate such other services as the Minister may, from time to time, require; and

(k) carry out such other activities which are connected with or incidental to its other functions under this Act.

8. Powers of the Authority

The Authority shall have power to-

(a)

(b)

construct, execute, carry out, equip, improve, work and develop ports, docks, harbours, piers, wharves, canals, water courses, embankments and jetties;

invest and deal with the monies of the Authority not immediately required on such securities or in such investments and manner as may, from time to time, be expedient;

(c) erect, construct, lay down, enlarge, maintain and alter any building, erection and work which may seem directly or indirectly necessary or convenient for any of its purposes;

(d) act as consultants and advisers in relation to ports and port operations in Nigeria or in any part of the world;

(e) carry on the business of carrier by land or sea, stevedore, wharfinger, ware- houseman or lighterman or any other business desirable for the functions of the Authority;

(f) acquire any undertaking of any registered business that affords facilities for the loading, unloading or warehousing of any goods in any port in Nigeria;

(g) appoint, license and manage pilots of vessels;

(h) insure all goods and consignments that are in the custody of the Authority;

(i) control the erection and use of wharves in any port or its approaches;

(j) buy any property, and sell, let, lease or otherwise dispose of any property, which appears to the Authority to be unnecessary for its purposes;

(k) enter into agreement with any person for the supply, construction, manufacture, maintenance or repair by that person of any property, movable or immovable, necessary for the purposes of the Authority;

(l) enter into agreement with any person for the operation or the provision of any of the port facilities which may be operated or provided by the Authority;

(m) provide, appoint, license and regulate weighers and meters for measuring goods in any port in Nigeria;

(n) reclaim, excavate, enclose, raise or develop any of the lands acquired by or vested in the Authority;

(o) win sand from the ports and their approaches for such purposes as it may deem fit;

(p) do anything for the purpose of advancing-

(i) the skills of persons employed by the Authority; or

(ii) the efficiency of the equipment of the Authority or of the manner in which that equipment is operated,

including the provision by others of the facilities for training, education and research;

(q) provide residential accommodation, houses, hostels and other like

accommodation for its deserving employees on terms and conditions to be determined, from time to time, by the Authority, in order to promote the welfare of its employees;

(r) purchase, take on lease or in exchange or otherwise acquire, hold, manage, work, develop the resources of and turn to account any estate, land, building, tenement, and other real property of any description, including leasehold or other tenure and wheresoever situate and any interest therein and any right connected therewith, and in particular, to acquire or take over estates situated, in Nigeria;

(s) grant loans to its deserving and needy employees for the purposes specifically approved by the Authority on such terms and conditions to be determined by the Authority at its discretion and in such a manner as is likely to increase the effectiveness of such employees in their service to the Authority, or otherwise for the purpose of the functions of the Authority;

(t) provide loans to any of its employees for the purpose of –

(i) building a house;

(ii) purchasing a plot of land on which to build a house; and

(iii) purchasing a house for the employee’s use or for the residential use of the employee’s family,

on such terms and conditions to be determined by the Authority, at its discretion;

(u) fabricate and repair vessels, engines, boilers and all items being used in vessels;

(v) carry on the business of ship builders, engineers and manufacturers of machinery;

(w) purchase or otherwise acquire, take on lease, construct, maintain, work and use wet and dry docks, ships, quays, wharves, piers, warehouses, buildings, yards and every kind of property, structure, appliance and anything necessary for equipping, salvaging and assisting ships;

(x) form, establish or incorporate subsidiaries or affiliate companies, whether

wholly or jointly, with other persons or organisations for the purpose of carrying out any of the functions of the Authority; and

(y) do such other things as are necessary for the successful performance of its functions under this Act.

9. Power to act through officer or agent, etc.

The Authority may perform or exercise any of its functions or powers under this Act, other than the power to make regulations, through an officer or agent of the Authority or through any other person authorised by the Authority in that behalf.

PART III

Staff

10. Managing director and executive directors of the Authority

(1) There shall be, for the Authority, a managing director to be appointed by the President.

(2) The managing director-

(a) shall hold office for a period of five years, on such terms and conditions, as may be specified in his letter of appointment; and

(b) may be reappointed for a further period of five years.

(3) The managing director shall be the chief executive of the Authority and be responsible–

(a) for the execution of the policy and the day-to-day administration of the Authority;

(b) for the direction, supervision and control of all other employees of the Authority and, subject to such restrictions as the Board may impose, for disposing of

all questions relating to the service of the employees, their pay, allowances and privileges;

(c) for matters concerning the accounts and records of the Authority.

(4) The President shall appoint for the Authority, three executive directors to assist the managing director in the performance of his functions under this Act.

(5) An executive director-

(a) shall hold office for a period of four years, on such terms and conditions as

may be specified in his letter of appointment;

(b) may be reappointed for a further period of three years; and

(c) perform such functions as may, from time to time, be assigned to him by the managing director and the Board.

11. Other staff of the Authority, etc.

(1) The Authority shall appoint such other persons as employees as it may deem necessary for the efficient performance of its functions under or pursuant to this Act and shall

have power to pay persons so employed such remuneration (including allowances), as the Authority may, from time to time, determine.

(2) The Authority may, with the approval of the Minister, make regulations generally relating to the conditions of service of employees of the Authority, and in particular, but without prejudice to the generality of the foregoing, may make regulations relating to-

(a) the appointment, dismissal, discipline, pay and leave of, and the security to be given by, the employees;

(b) appeals by the employees against dismissal or other disciplinary measures;

(c) the grant of pensions, gratuities and other retiring allowances to the employees and their dependants, and the grant of gratuities to the estates or dependants of deceased employees of the Authority;

(d) the establishment and maintenance of medical benefit funds, superannuation

funds and provident funds, and the contributions payable to and the benefits receivable from those funds.

12. Service in the Authority to be pensionable

(1) Service in the Authority shall be approved service for the purpose of the Pensions

Act, and accordingly, an officer and other persons employed in the Authority shall in respect of their service in the Authority be entitled to pensions, gratuities and other retirement benefits as are prescribed under that Act.

[Cap. P4.]

(2) Nothing in this section shall prevent the appointment of a person to any office, on terms which preclude the grant of a pension and gratuity in respect of that office.

(3) For the purposes of the application of the Pensions Act, any power exercisable under the Act by the Minister or other authority of the Federal Government (not being the power to make regulations under section 23 thereof) is hereby vested in the Board and shall be exercisable by the Authority and not by any other person or authority.

(4) Subject to subsection (2) of this section, the Pensions Act shall in its application by virtue of this section to any office, have effect as if the office were in the civil service

of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria 1999. [Cap. P4. Cap. C23.)

PART IV

Financial provisions

13. Fund of the Authority

The Authority shall maintain a fund which shall consist of-

(a) all sums collected as charges, levies and fees under this Act;

(b) all other sums collected or received by the Authority for services rendered by the Authority;

(c) all monies borrowed and capital raised by the Authority under this Act or any other enactment;

(d) such other sums as may be received by the Authority from other sources;

(e) all other assets which may, from time to time, be vested in or accrue to the Authority in the course of discharging its functions under or pursuant to this

Act.

14. Reserve funds

(1) Without prejudice to the power of the Authority to set aside from its revenue appropriate amounts for replacement, contingencies and other purposes, the Authority shall

establish and maintain a general reserve fund and such other reserve funds as the Minister may, from time to time, approve.

(2) The management of the reserve funds, the amount to be credited to and charges to be made against the reserve funds and any other application of the monies comprised in the reserve funds, shall be as the Authority may, with the approval of the Minister, deter- mine.

15. Application of surplus revenue

Any excess of the Authority’s revenues for any year over its outgoings and charges for that year, shall be applied for such purposes as the Authority may determine, but no part of the excess shall be applied otherwise than for the purposes of the Authority.

16. Power to borrow money and raise capital from non-Government sources

(1) The Authority may, with the approval of the Minister, borrow money or raise capital, otherwise than from the Government, by the issue, in such form as may be ap- proved, of stock, bonds, promissory notes, loan certificates or other documents of title, for all or any of the following purposes, that is-

(a) the performance of its functions under this Act;

(b) the provision of its working capital;

(c) the redemption or repayment of any capital raised or money borrowed, which the Authority is required or entitled to redeem or repay; and

(d) the provision of money for meeting any expenditure which is properly charge- able to capital account.

(2) For the purposes of payment of interest, repayment or redemption, monies bor- rowed or capital raised under this section, shall rank equally with all other monies bor- rowed or capital raised under this section.

(3) The payment of interest on and the repayment or redemption of any money bor- rowed or capital raised under this Act, shall have priority over the payment of interest on any money borrowed or capital raised from the Government under section 17 of this Act.

(4) Money borrowed by the Government for the exclusive purpose of re-lending to

the Authority and, accordingly, re-lent to the Authority, shall be deemed to be money bor- rowed otherwise than from the Government and, shall, accordingly, be deemed to be money borrowed or capital raised under this section.

(5) Money owed by the Authority under an arrangement by which the money is al- lowed to remain unpaid for a period greater than one year, shall be deemed to be money borrowed under this section.

17. Power to borrow money from Government sources, etc.

The Authority may borrow money, other than money borrowed by the Government for the exclusive purpose mentioned in section 16 (4) of this Act, or raise capital from the Government in such manner and on such terms and conditions as the Minister may ap- prove for all or any of the purposes mentioned in section 16 (l) of this Act.

18. Power to borrow money temporarily

(1) The Authority may, with the approval of or general authority given by the Minister, borrow temporarily, by way of loan, overdraft or otherwise, such sums, repayable on

demand or within one year after the date of borrowing, as the Authority may require for meeting its obligations and discharging its functions under this Act.

(2) The sums specified under subsection (1) of this section, may be borrowed from the Government or from any other person on such terms and conditions as may be ap- proved by the Minister.

19. Investment of monies

The Authority may invest all or any part of its monies in such manner as may be approved by the Minister.

20. Annual estimates, accounts and audit

(1) The Board shall cause to be prepared, not later than 30 September in each year, an estimate of the expenditure and income of the Authority during the next succeeding year

and when prepared, they shall be submitted through the Minister to the President for approval.

(2) The Board shall cause to be kept proper accounts of the Authority and proper records, in relation thereto and when certified by the Board, the accounts shall be audited by

auditors appointed by the Authority from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

21. Annual report and periodical returns

(1) The Authority shall, not later than six months after the end of each year, submit to the Minister a report on the activities of the Authority during that year.

(2) The report shall be prepared in such form, contain such particulars and compiled in such manner, as the Minister may, after consultation with the Authority, from time to time, direct.

22. Exemption from tax

(1) The Authority shall be exempted from the payment of income tax on any income accruing from investments made by the Authority or otherwise howsoever.

(2) The provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Authority.

23. Power to accept gifts

(I) The Authority may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift.

(2) The Authority shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Authority under this Act.

PART V

Provisions relating to land

24. Compulsory acquisition of land

(1) When there is any hindrance to the acquisition by the Authority of any land or building required for carrying into effect any of the provisions of this Act, the President may-

(a) on the application of the Authority and after such inquiry as he may think fit, declare that the land or building is required for the services of the Authority; and

(b) direct that action be taken under the provisions of the Land Use Act for acquiring the land or building for the Federal Government or, as the case may

require, for revoking any rights thereto, and for determining the compensation to be paid to the parties interested.

[Cap. L5.]

(2) On the making of a declaration under subsection (1) of this section, the land to which it relates shall be deemed to be land required for a public purpose within the meaning of the Land Use Act.

[Cap. L5.]

(3) When a land or building has been acquired or the rights to it has been revoked, as provided in this section, the President may-

(a) vest the land or building in the Authority by means of a certificate under the hand and seal of the Chief Federal Lands Officer, to the effect that the land or building has been made over to the Authority; or

(b) as the case may require, direct that a right of occupancy in respect of the land or building be granted to the Authority.

(4) The compensation, if any, for an acquisition or a revocation, as the case may be, under this section, shall in the first instance be paid by the Federal Government, but the Authority shall refund to the Federal Government any compensation so paid and all inci- dental expenses incurred by the Federal Government.

(5) All authorities within Nigeria shall give effect to any direction given by the Presi- dent in accordance with the provisions of this section.

(6) The Authority may use the land or building acquired under this section for any purpose connected with its functions under this Act.

25. Restrictions on alienation of land

(1) The Authority shall not, without the approval in writing of the President, alienate, mortgage, charge or lease any immovable property which has been vested in the Authority or in respect of which a right of occupancy has been granted to the Authority.

(2) Notwithstanding the provisions of subsection (1) of this section, the Authority may alienate, charge or mortgage any immovable property for a period not exceeding five years and may terminate, revoke or release any mortgage of, charge on or lease of any immovable property vested in it.

26. Power to enter land to erect beacons and make surveys

The Authority may, by its employees or agents, together with all necessary work- men-

(a) enter and remain on any land for the purpose of erecting or maintaining any beacon, buoy or mooring, or of examining, repairing, altering or removing any beacon, buoy or mooring;

(b) erect and maintain any beacon, buoy or mooring on or in any land, swamp, embankment, wharf, or the shore or bed of any tidal or other waters, and alter or remove any beacon, buoy or mooring, but no beacon, buoy or mooring shall be so placed on any road as to hinder or interfere with free passage along the road; and

(c) for the purposes of its functions, survey and take levels of any land and cut and remove all trees and underwood which may interfere with the survey.

27. Power to remove obstruction to visibility of lighthouses and beacons

An authorised employee of the Authority may, with all proper assistance where required, enter on any land and cut and remove all trees, underwood and vegetation, which

may interfere with the visibility of any lighthouse or beacon from any other point or place.

28. When notice of entry on land to be given

The Authority shall, when practicable, give notice to the occupier of any land on which it intends to enter in exercise of any of the powers conferred by sections 26 and 27

of this Act and shall inform the appropriate authority in the State in which the land is situated or the Federal Capital Development Authority, if the land is situated in the Federal

Capital Territory, Abuja, of its intention.

29. Compensation for damages

(1) In the exercise of any of the powers conferred on the Authority by sections 26 and 27 of this Act, the Authority shall do no more damage than is necessary, and compensation shall be paid by the Authority for any damage done to any crop or economic tree, but

not otherwise.

(2) Any dispute as to the amount of compensation payable under subsection (1) of this section shall be determined by the High Court exercising jurisdiction in the place where the land is situated.

PART VI

Declaration of ports

30. Power to declare places, etc., as ports, their limits and approaches

(1) The Minister may, by order-

(a) declare any place in Nigeria and any navigable channel leading into that place, to be a port within the meaning of this Act;

(b) specify the limits of any place declared, as a port in accordance with paragraph

(a) of this subsection;

(c) declare any navigable channel leading into a port to be an approach to that port, within the meaning of this Act.

(2) The places specified in the Second Schedule to this Act, shall be deemed to be ports, and the limits of those ports shall, until other provision is made in accordance with

paragraph (b) of subsection (1) of this section, be the limits declared and in force immediately before the commencement of this Act, including-

[Second Schedule.]

(a) all ocean beaches within 100 metres of the high-water level;

(b) the waterways, creeks and swamp-land below the highest astronomical tide level and all beacons, moles, piers, jetties, slipways, quays and other works, extending beyond the natural line of the high-water level.

PART VII

Regulation of ports

31. Power to appoint harbour master

The Authority may appoint a harbour master in respect of a port.

32. Power of Authority to make port regulations

(1) The Authority may, with the approval of the Minister, make regulations for the maintenance, control and management of any port and for the maintenance of good order therein, and, in particular and without prejudice to the generality of the foregoing power, may make regulations for all or any of the following purposes, that is-

(a) regulating traffic within the limits of a port or the approach to a port;

(b) regulating the berths and stations to be occupied by ships and the removal of ships from one berth, station or anchorage to another berth, station or anchor- age, and the time within which the removal shall be effected;

(c) regulating ships whilst taking in or discharging ballast or cargo;

(d) keeping free passages of such width as is deemed necessary within any port and along or near to the piers, jetties, landing places, wharves, quays, docks, moorings and other similar works in or adjoining the port and for marking out the spaces to be kept free;

(e) regulating the anchoring, fastening, mooring and unmooring and warping of all ships and the use of warps, mooring buoys, chains and other moorings;

(f) regulating traffic, preventing obstruction and keeping order on piers, jetties and wharves and ensuring the safety of piers, jetties and wharves and any cargo on them;

(g) regulating the use of fires and lights and the signals to be used and measures to be taken, by day and by night, in case of fire in a port;

(h) enforcing and regulating the use of navigating lights or signals and of signal lights by ships;

(i) regulating the flags and signals to be used by ships arriving at, lying in and departing from a port;

(j) regulating the manner in which ships arriving a port, shall be boarded by the harbour master, and the information to be supplied to him by the master of the ship;

(k) regulating the use by ships of steam whistles, steam sirens and other like instruments;

(l) prohibiting chipping, scaling or noisy repairs on ships, except at such anchorages or places and at such times as may be prescribed or as the harbour

master may appoint;

(m) prohibiting or regulating the erection, maintenance and working of fishing stakes, prescribing the nature of the nets or stakes which may be used, and

providing for the licensing of persons authorised to erect and maintain fishing stakes and nets, and prescribing the fees which shall be paid for the licence;

(n) regulating, whether by way of prohibition or otherwise, the floating of timber, casks or other objects in any port or in the approach to any port and the casting or depositing of any dead body, ballast, rubbish, or other thing into any port or in the approach to any port, in contravention of this Act and for the redemption on payment of expenses and a penalty, within a time limit to be fixed, of any- thing forfeited;

(o) providing for the forfeiture of anything found in any port or in the approach to any port in contravention of this Act;

(p) prescribing the duties of masters of ships carrying gunpowder or other explosive or dangerous cargo, and of persons engaged in or supervising the shipping, unshipping, landing and transporting of the cargo;

(q) regulating the placing and maintaining of moorings or buoys;

(r) regulating and licensing weighing and metering of goods; and

(s) regulating and licensing porters and carriers and other labourers employed in the working of port facilities.

(2) For the breach of any regulation made under subsection (1) of this section, the Authority may prescribe, as a penalty, a fine not exceeding N5,000 and, in the case of a continuous breach, a further fine not exceeding N500 a day for every day after the first day during which the breach continues, or a term of imprisonment not exceeding twelve months or both such fine and imprisonment.

PART VIII

Regulation of piers in ports

33. Restriction on the erection, etc., of piers

(1) No person shall erect, re-erect, alter, extend, own or occupy a pier in a port or in the approach to a port, except under and in accordance with a licence granted by the Authority.

(2) A person who contravenes any of the provisions of subsection (1) of this section,

is guilty of an offence and liable on conviction to a fine not exceeding N5,000 or imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

34. Licences for erection, etc., of piers

(1) The Authority may-

(a) on payment of the prescribed fee and in the prescribed form, grant a licence for the purposes of section 33 of this Act;

(b) renew a licence granted under paragraph (a) of this subsection.

(2) The grant or renewal of a licence under subsection (1) of this section shall be at the discretion of the Authority.

(3) A licence shall be subject to such conditions as may be prescribed and to such special conditions endorsed on it as the Authority may see fit to impose.

35. Cancellation of licence for breach of condition or contravention of regulation or public interest

(1) The Authority may cancel a licence granted under section 34 of this Act-

(a) on proof to its satisfaction of a breach of any condition of the licence or of a contravention by the holder of the licence of any regulation made under section 37 of this Act;

(b) whenever it thinks it proper in the public interest, in which case the holder of the licence shall be entitled to reasonable compensation by the Authority unless express provision to the contrary is contained in the licence.

(2) When the amount of compensation payable under subsection (1) (b) of this section is not agreed, the amount shall be determined by the High Court within whose area of

jurisdiction the pier is located, in the like manner as the amount of compensation is determined under the law for the time being regulating the acquisition of land for public

purposes.

36. Removal of piers

(1) An employee of the Authority authorised by the Authority may remove or cause to be removed a pier in any port or in the approach to any port or any portion of the port or approach and may, for that purpose, enter on any land or pier if-

(a) the holder of a licence granted in respect of the pier is required in accordance with any regulation made under section 37 of this Act to remove the pier and he refuses or neglects to do so within the time specified; or

(b) the pier has been erected, re-erected, altered or extended without a licence or is owned or occupied without a licence; or

(c) the licence granted in respect of the pier has been cancelled under the provisions of this Act; or

(d) the licence granted in respect of the pier has expired.

(2) Except when the licence granted in respect of the pier has been cancelled under section 35 of this Act, the costs and expenses of and in connection with the removal–

(a) shall be defrayed by the holder of the licence; and

(b) may be recovered from him at the suit of the Authority in any court of compe- tent jurisdiction.

37. Regulations relating to piers

(1) The Authority may, with the approval of the Minister, make regulations for all or any of the following purposes, that is–

(a) controlling the erection, re-erection, alteration, extension and use of piers in any port or in the approach to any port;

(b) requiring the owners or occupiers of piers to maintain the piers and the approaches to the piers in a proper state of repair;

prescribing the fees to be paid for any licence issued under section 34 of this

(c) prescribing the fees to be paid for any licence issued under section 34 of this Acts

(d) prescribing the forms for the licences and applications for those licences;

(e) for the proper lighting of piers;

(f) requiring such life-saving apparatus as may be specified in the regulations to be kept on piers;

(g) the period of validity of the licences; and

(h) generally for giving effect to the provisions and purposes of this Part of this Act.

(2) For the breach of any regulation made under this section, the Authority may pre- scribe, as a penalty, a fine not exceeding N5,000 and, in the case of continuous breach, a further fine not exceeding N500 a day for every day after the first day during which the breach continues or a term of imprisonment not exceeding twelve months or both such fine and imprisonment.

38. Application to the State

The provisions of this Part of this Act, excluding the provisions of sections 34 (1) and 37 (2) of this Act, shall bind the State.

PART IX

Regulation of the wharves, etc., of the Authority

39. Authority to set apart customs area

(1) Where any part of the wharves or premises vested in or in the possession of the Authority is appointed a customs area for the purposes of the Customs and Excise Management Act, the Authority shall-

[Cap. C45.]

(a) set apart and maintain that area; and

(b) provide office accommodation in that area in such manner as the Nigerian Customs Service may require for the use of persons entitled to collect duties of customs.

(2) The cost of setting apart and maintaining a customs area and of providing office accommodation in the customs area under subsection (l) of this section, shall be borne by the Nigerian Customs Service.

40. Power of the Authority to make bye-laws for control, etc., of wharves

(1) The Authority may make bye-laws for the control and management of the wharves and premises vested in or in the possession of the Authority and the maintenance of good order in the wharves and premises and, in particular may, without prejudice to the generality of the foregoing power, make bye-laws for all or any of the following purposes-

(a) regulating, declaring and defining the wharves, docks, piers and places vested in or in the possession of the Authority on and from which goods shall be landed and shipped;

(b) regulating the manner in which and the conditions under which the loading and discharging of ships shall be carried out;

(c) regulating the use of any shed, warehouse and railway vested in or in the pos- session of the Authority;

(d) the exclusion and removal from the premises of the Authority of idle and dis- orderly or other undesirable persons and trespassers;

(e) regulating the conduct of persons employed on the wharves and premises vested in or in the possession of the Authority;

(f ) regulating any ferry service maintained by the Authority;

(g) for the management of the lighthouses of the Authority; and

(h) setting up pollution control guidelines and monitoring oil spillage, dumping of waste and garbage by ships arriving at the ports, wharves and jetties.

(2) For the breach of any regulation made under subsection (1) of this section, the Authority may prescribe, as a penalty, a fine not exceeding N5,OOO and, where the breach is a continuous breach, a further fine not exceeding N500 for every day after the first day during which the breach continues or imprisonment for a term not exceeding six months or both such fine and imprisonment.

(3) The Authority shall keep at its office in each port, a copy of the bye-laws made

under this section which are for the time being in force and shall allow any person to inspect it, without the payment of a fee, at all reasonable times.

PART X

Pilotage

41. Minister may establish pilotage districts

(1) The Minister may, by order in the Gazette, establish a pilotage district-

(a) in any port; or

(b) in the approach to any port; or

(c) in the territorial waters of Nigeria; or

(d) in the exclusive economic zone of Nigeria.

(2) An order made under subsection (1) of this section may-

(a) provide that, in any pilotage district or in any part of a pilotage district, pilot- age shall be compulsory; and

(b) define the limits of any pilotage district, distinguishing, where pilotage is com- pulsory in a part of the district, the part of the district in which pilotage is com- pulsory.

(3) Until other provision is made by an order made under this section, any pilotage district defined by regulations or order in force immediately before the commencement of this Act, shall be deemed to be a pilotage district for the purposes of this Act, and every area in which pilotage was made compulsory under the regulations or order, shall be deemed to have been defined as a compulsory pilotage area under this section.

42. Obligations where pilotage is compulsory

(1) A ship, other than an excepted ship, shall, while navigating in a pilotage district in which pilotage is compulsory, be under the pilotage of-

(a) an Authority pilot; or

(b) a licensed pilot of the district,

for the purpose of entering, leaving or making use of the port in the district.

(2) A ship being moved within a port which is or forms part of a pilotage district, shall be deemed to be a ship navigating in a pilotage district, except so far as may be pro- vided by regulations made by the Authority under this Part of this Act.

(3) For the purposes of subsection (1) of this section, the following ships are excepted

ships-

( a)

(b)

(c)

(d )

(e)

(f)

(g)

ships belonging to any of the armed forces of the Federation; ships owned or operated by the Authority;

pleasure yachts;

ferry boats plying as such exclusively within the limits of a port; ships not exceeding ten tons gross tonnage;

tugs, dredgers, barges or similar vessels, the ordinary course of navigation of which does not extend beyond the limits of a port; and

ships exempted from compulsory pilotage by regulations made by the Authority under this Part of this Act.

43. Power of Authority in relation to pilots

Subject to the provisions of this Part of this Act, the Authority may-

(a) license pilots for a pilotage district; and

(b) do such other things in relation to pilots in a pilotage district, as are necessary or expedient for carrying into effect the Authority’s powers and duties under this Part of this Act.

44. Establishment and membership of pilotage boards

(I) The Minister, by order-

(a) may, for a pilotage district; and

(b) shall, for a pilotage district in which or in any part of which pilotage is compulsory,

establish a pilotage board for the pilotage district.

(2) A pilotage board shall consist of-

(a) the harbour master of the port, as chairman; and

(b) not less than two or more than four persons appointed by the Authority, with the approval of the Minister.

(3) An appointed member of a pilotage board may-

(a) be appointed for a period not exceeding three years, and be reappointed; and

(b) at any time resign from membership of a pilotage board by sending his resig- nation in writing to the Authority.

45. Duties of pilotage board

A pilotage board shall-

(a) hold inquiries concerning the conduct of pilots in the discharge of their duties in the pilotage district;

(b) license pilots for the pilotage district on behalf of the Authority; and

(c) hold examinations in connection with the licensing of pilots for the pilotage district.

46. Meetings of pilotage board

(1) A pilotage board shall meet at such time and place as the chairman of the pilotage board may, from time to time, appoint.

(2) Two members of a pilotage board shall form a quorum.

(3) The chairman, if present, shall preside at every meeting of a pilotage board, and in his absence, the members present shall appoint one of their number to preside at the meeting.

(4) Every question which comes before a pilotage board at any meeting shall be decided by a majority of votes of the members present and voting.

(5) The member presiding at any meeting shall have a vote and, in the case of an equality of votes, shall have a second or casting vote.

(6) Minutes shall be kept of the proceedings of a pilotage board, and the minutes shall be signed by the person presiding at the meeting to which the minutes relate.

47. Inquiries into conduct of pilots

A pilotage board may, and shall, when directed by the Minister, hold an inquiry into the conduct of-

(a) a pilot against whom an allegation of misconduct is made; or

(b) a pilot in charge of a ship which-

(i) touches the ground; or

(ii) runs foul of any other ship; or

(iii) runs foul of a wharf, buoy, mole or beacon.

48. Power to take evidence on oath and summon witnesses

A pilotage board holding an inquiry under section 47 of this Act may summon and ex- amine witnesses on oath and call for any document in any matter before it.

49. Misconduct of witnesses

(l) When a person-

(a) on being summoned as a witness before a pilotage board, fails to attend; or

(b) refuses to take an oath or affirm when required to do so by a pilotage board during an inquiry; or

(c) refuses to produce a document in his power or control, legally required by the pilotage board during an inquiry; or

(d) refuses to answer a question to which a pilotage board may legally require an answer; or

(e) during an inquiry is, in the opinion of the pilotage board, guilty of contempt towards the pilotage board,

the chairman of the pilotage board may make a written complaint concerning the conduct of the person to any court which has power to punish persons if guilty of like conduct in that court.

(2) The court to which a complaint is made under subsection (1) of this section may inquire into the alleged conduct and, after-

(a) examination of any witnesses that may be produced for or against the person complained against; and

(b) hearing any statement that may be offered in defence,

may, if it seems just, punish the person complained against, as if he had been guilty of such conduct in a proceeding in that court.

50. Punishment of pilots by pilotage board

(1) Where a pilotage board after due inquiry in accordance with the provisions of this Part of this Act finds that a pilot has.-

(a) been guilty of misconduct affecting his capability as a pilot; or

(b) failed in or neglected his duty as a pilot; or

(c) become incompetent to act as a pilot,

the pilotage board may, in a case under paragraph (a) or paragraph (b) of this subsection, impose a fine not exceeding N2,000 or reprimand the pilot and may, in any case, whether in addition to the fine or reprimand or not, suspend the pilot from duty.

(2) Where a pilot is suspended from duty by a pilotage board under subsection (1) of this section, the pilotage board shall make such recommendation to the Authority con- cerning the future exercise of the pilot’s duties in the pilotage district as it considers ap- propriate in the circumstances of the particular case.

(3) Copies of the record of an inquiry held under section 47 of this Act or a recommendation made under subsection (2) of this section, shall be supplied by the pilotage

board to the Authority, the Minister and the pilot concerned.

51. Appeal to Minister against decision of pilotage board

(1) If a pilot is aggrieved by a decision or recommendation of a pilotage board, he may, within thirty days from the date of the decision or recommendation, appeal to the Minister.

(2) The Minister may, after considering the appeal-

(a) confirm or reverse the finding of the pilotage board; or

(b) subject to the provisions of section 50 of this Act, alter the nature of the punishment; or

(c) in the case of a recommendation to the Authority under section 50 (2) of this Act, support, comment on or oppose the recommendation.

(3) The decision of the Minister on an appeal under this section shall be final.

52. Revocation of pilot’s licence by the Authority

(1) The Authority shall consider any recommendation made by a pilotage board concerning any pilot who has been suspended by the pilotage board under section 50 of this

Act, and may, having considered the recommendation and the record of the inquiry-

(a) suspend or revoke the pilot’s licence; or

(b) inform the pilot and the pilotage board that the pilot may resume his duties as a pilot in the pilotage district.

(2) No pilot’s licence shall be suspended or revoked under subsection (1) of this section, or any action taken by the Authority in relation to any pilot as a result of a recommendation made by a pilotage board unless.-

(a) no appeal has been made by the Authority pilot or licensed pilot to the Minister within the time prescribed by section 51 of this Act; or

(b) in the case of an Authority pilot, he has informed the Authority in writing that he does not intend to exercise his right of appeal; or

(c) an appeal has been made to and determined by the Minister in accordance with the provisions of section 51 of this Act.

53. Power of the Authority to make regulations for pilotage districts

Subject to the provisions of this Part of this Act, the Authority may, with the approval of the Minister, make regulations for any pilotage district for all or any of the following purposes-

(a) exempting any class of ship from compulsory pilotage;

(b) prescribing the occasions on which a ship being moved within a port which forms part of a pilotage district in which pilotage is compulsory, shall not be deemed to be navigating in the port;

(c) providing that, in respect of any class of ship prescribed in the regulations, only Authority pilots shall undertake pilotage;

(d) determining the qualifications to be required of licensed pilots, and for the grant of licences to pilots;

(e) providing generally for the good government of Authority pilots and licensed pilots;

(f ) providing for the punishment for the breach of any regulation made by the

Authority for the good government of pilots by the infliction of fines not exceeding N5,000;

(g) prescribing the fees which shall be payable on the grant or renewal of a licence;

(h) providing for bonds (the penalty of which shall not in any case exceed Nl0,000) to be given by pilots for the purpose of the provisions of section 55 of this Act limiting a pilot’s liability; and

(i) generally regulating pilotage in a pilotage district.

54. Liability of the master or owner in the case of a ship under pilotage

The master or owner of a ship navigating in circumstances in which pilotage is compulsory shall be answerable for any loss or damage caused by the ship or by any fault of

the navigation of the ship in the same manner as he would if pilotage were not compulsory.

55. Limitation of pilot’s liability when bond is given

(1) A pilot who has given a bond under regulations made under this Part of this Act, shall not be liable for neglect or want of skill beyond the penalty of the bond and the amount payable to him on account of pilotage in respect of the voyage in which he was engaged, when he became so liable.

(2) A bond given by a pilot in accordance with regulations made under this Part of this Act shall not be liable to stamp duty.

(3) Where any proceeding is taken against a pilot for any neglect or want of skill in respect of which his liability is limited as provided by this section, and other claims are

apprehended in respect of the same neglect or want of skill, the court in which the proceeding is taken may determine the amount of the pilot’s liability.

(4) On payment into court by the pilot of the amount determined under subsection (3) of this section, the court may-

(a) distribute that amount rateably among the several claimants;

(b) stay any proceeding pending in any other court in relation to the same matter;

(c) proceed in such manner and subject to such directions as to-

(i) making persons interested parties to the proceeding;

(ii) the exclusion of claimants who do not come in within a certain time;

(iii) requiring security from the pilot; and

(iv) payment of any cost, as the court thinks fit.