Section 45: Prohibitions on carriage, shipment and jettisoning of harmful substances

(1) All ships to which this Act applies are prohibited from :
(a) carrying harmful substances in packaged form except in accordance with this part; or
(b) jettisoning harmful substance in packaged form
(2) A person shall not ship or offer for shipment from any Nigerian port harmful substances in packaged form except in accordance with this part.
(3) In all documents relating to the carriage of harmful substances by sea where such substances are named, the correct technical name of each such substance shall be used.
(4) The shipping documents supplied by the shipper shall include, or be accompanied by, a signed certificate or declaration that the shipment offered for carriage is properly packaged and marked, labelled or placarded as appropriate and in proper condition for carriage to minimise the hazard to the marine environment.
(5) Each ship carrying harmful substances shall have:
(a) a special list or manifest setting forth the harmful substances on board and the location thereof;
(b) a detailed stowage plan setting out the location of all harmful substances on board in lieu of the special list or manifest referred to in paragraph (a) of this subsection; and
(c) copies of the documents referred to in this subsection shall also be retained on shore by the owner of the ship or his representative until the harmful substances are unloaded and a copy of one of these documents shall be made available before departure to the office of the Director-General.
(6) The Agency shall make regulations prescribing:
(a) detailed requirements on packing, marking, labelling, documentation, stowage, quantity limitations and exceptions for preventing or minimising pollution of the marine environment, in conformity with the IMDG Code;
(b) terms and conditions under which ships to which this Act applies may carry, or persons may ship or offer for shipment harmful substances in packaged form;
(c) measures to be taken to regulate the washing of leakages overboard based on the physical, chemical and biological properties of harmful substances ; and
(d) inspections to be made by the Agency of all ships to which this Act applies to ensure compliance with this Part.