NAVIGABLE WATERWAYS (DECLARATION) ACT
Section 1: Declaration of navigable waterways.
(1) The rivers, creeks, lakes, lagoons and intra-coastal waterways specified in the Schedule to this Act are hereby declared Federal navigable waterways.
Section 2: Right of way of navigable waterways.
(1) The right of land usage for improvement of navigability and provision of infrastructure shall cover areas on both banks of the waterway which would be submerged in a flood of one hundred years return period.
(2) In case of waterway with steep banks where such floods have no overbank flow, the right of way shall include the area of land along the waterway measured one hundred metres perpendicular distance from the edge of the channel.
Section 3: Conferment of right of way.
(1) Notwithstanding the provisions of the Constitution of the Federal Republic of Nigeria, the Land Use Act or any other land laws, the Inland Waterways Department shall have right to all lands within the right of way of a declared waterway to use such lands in the interest of navigation.
(2) No person, firm, State or corporation may obstruct a declared waterway, take sand, gravel or stone from any declared waterway, or erect permanent structures within the right of way or divert water from a declared waterway, without the consent of the Inland Waterways Department and the approval of the Minister.
Section 4: Minister and control of navigable waterways.
Subject to this Act, navigable waterways shall, on the commencement of this Act, be under the management, direction and control of the Minister.
Section 5: Regulations.
(1) Subject to this Act, the Minister may by regulations make provisions generally for the regulation of user of navigable waterways and for the management, direction and control of navigable waterways or make any other regulations as appear to him to be expedient.
(2) The powers vested in the Minister under subsection (1) of this section shall be exercised after consultation with the Minister charged with responsibilities for matters relating to water resources and irrigation.
Section 6: Interpretation.
In this Act, unless the context otherwise requires-
"Inland Waterways Department" means the Inland Waterways Department in the Federal Ministry of Transport;
"Minister" means the Minister charged with the responsibility for navigable waterways.
Section 7: Short title.
This Act may be cited as the Navigable Waterways (Declaration) Act.