Section 335: Application of maritime Conventions for the Prevention of Pollution from Ships, etc

(1)
As from the commencement of this Act, provisions of the following International Conventions and Agreements shall apply-
(a)
International Convention for the Prevention of Pollution from Ships, 1973/1978 and the Annexes thereto;
(b)
Convention Relating to Intervention on the High Seas in Cases of Threatened Oil Pollution Casualties, 1969;
(c)
International Convention on Prevention of Marine Pollution by Dumping of Wastes and Other Matters, 1972;
(d)
International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990;
(e)
International Convention on Civil Liability for Oil Pollution Damage 1992;
(f)
Convention on Limitation of Liability for Maritime Claims, 1976 and the 1996 Protocol thereto;
(g)
Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 and its Protocol of 1992;
(h)
Basel Convention on the Control of Transboundary Movements of Wastes and their Disposal, 1989; and
(i)
any International Agreement or Convention not mentioned in paragraphs (a) to (h) of this subsection which relates to the prevention, reduction or control of pollution of the sea or other waters by matters from ships, and civil liability and compensation for pollution damage from ships; to which Nigeria is a party.
(2)
The Minister shall, subject to the provisions of this Act and any other law or Convention for the time being in force relating to the Prevention of Pollution from Ships have responsibility for the prevention of pollution of marine environment from ships.
(3)
Without prejudice to the generality of subsection (1) of this section, the Minister may make regulations giving effect to the provisions of the International Conventions and Agreements mentioned therein.
(4)
Without prejudice to the generality of subsection (2) of this section, provisions may be made-
(a)
for applying for the purpose mentioned in that subsection, any enactment or instrument relating to the pollution of the sea or other waters;
(b)
with respect to the carrying out of surveys and inspections for the purpose of the subsection and the issue, duration and recognition of certificates for that purpose;
(c)
with respect to the application of the regulations to Nigeria and the extraterritorial operation of any provisions made by or under the regulations;
(d)
stipulating fines and punishment for the contravention of any provision made by or under the Regulations;
(e)
for detaining any ship in respect of which a contravention is suspected to have occurred.
(5)
Any regulations made under subsection (1) of this section may-
(a)
make different provision for different circumstances;
(b)
make provision in terms of any document which the Minister or any person considers relevant from time to time;
(c)
provide for exemptions from any provisions of the regulations;
(d)
provide for the delegation of functions exercisable by virtue of the regulations;
(e)
include such incidental, supplemental and transitional provisions as may appear to the Minister to be expedient for the purposes of the regulations;
(f)
authorise the making of any instrument for any of the purposes of this section.
(6)
Any person who contravenes any of the provisions of this section or any Regulations made thereto pursuant to this section commits an offence and shall be liable on conviction to a fine not less than five hundred thousand Naira or to imprisonment for a term not less than two years or to both.