Section 11: Powers of inspection

(1) The Minister may appoint any person as an inspector to report to him-
(a) whether the prohibitions, restrictions and obligations imposed by virtue of this Act (including prohibitions so imposed by the creation of offences under this Act) have been complied with;
(b) what measures (other than measures made obligatory by regulations under section 5 of this Act) have been taken to prevent the escape of oil and mixtures containing oil;
(c) whether the oil reception facilities provided in harbours are adequate,
- and any such inspector may be so appointed to report either in a particular case or in a class of cases specified in his appointment.
(2) Every surveyor of ships shall be taken to be a person appointed generally under subsection (1) of this section to report to the Minister in every kind of case falling within that subsection.
(3) Section 400 of the Merchant Shipping Act (which relates to the powers of inspectors) shall apply to persons appointed under subsection (1) of this section (including surveyors of ships in their capacity as such persons) as it applies to the inspectors referred to in that section as if-
(a) in paragraph (a) of subsection (1) of that section, the reference to a ship were a reference to a vessel, and the reference to that Act were a reference to this Act and included a reference to any regulations made under this Act; and
(b) any power under that section to inspect premises included power to inspect any apparatus used for transferring oil.
(4) Any power of an inspector, under the said section 400 as so applied, to require the production of any records required to be kept in accordance with regulations under section 7 of this Act, shall include power to copy any entry in those records and require the person by whom the records are to be kept to certify the copy as a true copy of the entry; and in subsection (3) of the said section 400, as so applied, the reference to making a declaration shall be construed as a reference to the certification of such a copy.
(5) Without prejudice to any powers exercisable by virtue of the preceding provisions of this section, in the case of a vessel which is for the time being in a harbour in Nigeria the harbour master, and any other person appointed by the Minister under this subsection (either generally or in relation to a particular vessel), shall have power-
(a) to go on board and inspect the vessel or any of the machinery, boats, equipment or articles on board the vessel, for the purpose of ascertaining the circumstances relating to an alleged discharge of oil or a mixture containing oil from the vessel into the waters of the harbour;
(b) to require the production of any records which by virtue of any regulations made under this Act are required to be kept in respect of the vessel;
(c) to copy any entry in any such records, and require the person by whom the records are to be kept to certify the copy as a true copy of the entry:
Provided that a person exercising any powers conferred by this subsection shall not unnecessarily detain or delay the vessel from proceeding on any voyage.
(6) If any person fails to comply with any requirement duly made in pursuance of paragraph (b) or (c) of subsection (6) of this section, he is liable on summary conviction to a fine not exceeding twenty naira; and if any person wilfully obstructs a person acting in the exercise of any power conferred by virtue of this section he is liable on summary conviction to a fine not exceeding N200.