Section 305: Deck Cargo Regulations

(1)
The Minister may make regulations, in this section referred to as the "the Deck Cargo Regulations", prescribing requirements to be complied with where cargo is carried in any uncovered space on the deck of a load line ship.
(2)
Where the Load Line Regulations provide for assigning special freeboards to ships which are to have effect when carrying only timber deck cargo, without prejudice to the generality of subsection (1) of this section, the Deck Cargo Regulations may prescribe special requirements to be complied with in circumstances where any such special freeboard has effect.
(3)
In prescribing any such special requirements as are mentioned in subsection (2) of this section, the Minister shall have regard in particular to the provisions of Chapter IV of Annex 1 to the Load Line Convention.
(4)
Where any provisions of the Deck Cargo Regulations are contravened:
(a)
in the case of a Nigerian ship; or
(b)
in the case of any other ship while the ship is within any port in Nigeria, the master of the ship subject to subsection (5) of this section, commits an offence and is liable to a fine of not less than one hundred thousand Naira.
(5)
Where a person is charged with an offence under subsection (4) of this section it shall be a valid defence if proven to the satisfaction of the court that the contravention was due solely to deviation or delay caused by stress of weather or any other cause of force majeure which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.
(6)
For the purpose of securing compliance with the Deck Cargo Regulations, any person authorised in that behalf by the Agency may inspect any ship to which this part applies which is carrying cargo in any uncovered space on its deck; and for the purpose of any such inspection any such person shall have all the powers of a surveyor under this Act.