Section 23: Offences and penalties

(1) Subject to the provisions of the Lands (Title Vesting, etc.) Act and the Nigerian Ports Authority Act any person who wilfully or negligently and without the consent of the Authority-
(a) uses the area of land along the waterfront measured 100 metres perpendicular from the edge of both banks;
(b) obstructs the waterways with rafts, nets, logs, cask of oil, dredgers, barges, pipelines, pylons, bridges;
(c) takes sand, gravel or stone from the waterways either by manual, hydraulic or mechanical means;
(d) erects or operates permanent structures of any kind such as gauges, jetties, piers, wharves, slipway, floating or mobile dry-docks within the waterways;
(e) diverts water from the waterways either through suction or canalisation methods;
(f) performs hydrographic surveys, seismic surveys, drilling, blasting, underwater engineering works within the waterways;
(g) erects pylon, electricity and telephone or telegraphic cables within or across the right-of-way of the waterways;
(h) operates river crafts within inland waterways; and
(i) damages or tampers with the structures of the Authority, including gauges, buoys, kilometre boards, navigation aids, horizontal and vertical control marks,
is guilty of an offence under this Act.
(2) A person who is guilty of an offence under subsection (1) of this section is liable on conviction to a fine not exceeding N50,000 or to imprisonment for a period of six months or to both such fine and imprisonment and, in the case of a continuing offence, to an additional fine of N100 for every day or part of a day that the offence continues.
(3) With respect to subsection (1) paragraph (c) of this section, the offender shall pay 100 percent of the prevailing market price of the sand dredged, or forfeit the sand dredged on failure to pay fine.
(4) Where an offence under this Act has been committed by a body corporate or firm or association of individuals, it shall be liable upon conviction to a fine of N200,000 and in the case of a continuing offence, to an additional fine of N1,000 for every day or part of a day that the offence continues.