Section 8: Facilities in harbours for disposal of oil residues.

(1) In respect of every harbour in Nigeria, the powers of the harbour authority shall include power to provide facilities for enabling vessels using the harbour to discharge or deposit oil residues (in this Act referred to as "oil reception facilities").
(2) Any power of the harbour authority to provide oil reception facilities shall include power to join with any other person in providing them, and references in this section to the provision of oil reception facilities by the harbour authority shall be construed accordingly; and any such power shall also include power to arrange for the provision of such facilities by any other person.
(3) The harbour authority providing oil reception facilities, or a person providing such facilities by arrangement with the harbour authority, may make reasonable charges for the use of the facilities, and may impose reasonable conditions in respect of the use thereof.
(4) Subject to the following provisions of this section, any oil reception facilities provided by, or by arrangement with, the harbour authority shall be open to all vessels using the harbour on payment of any charges, and subject to compliance with any conditions imposed in accordance with the last preceding subsection.
(5) Where in the case of any harbour in Nigeria it appears to the Minister after consultation with the harbour authority and with any organisation appearing to him to be representative of owners of Nigerian ships registered in Nigeria-
(a) if the harbour has oil reception facilities, that those facilities are inadequate; or
(b) if the harbour has no such facilities, that the harbour has need of such facilities,
- the Minister may direct the harbour authority to provide, or arrange for the provision of, such oil reception facilities as may be specified in the directions.
(6) Notwithstanding the provisions of subsection (4) of this section, the harbour authority providing oil reception facilities, or a person providing such facilities by arrangement with the harbour authority, shall not be obliged to make those facilities available for use by tankers, or for the reception of oil residues discharged for the purpose of enabling a vessel to undergo repairs; and the requirements of tankers, and the reception of oil residues discharged for the said purpose, shall be disregarded by the Minister in exercising his powers under subsection (5) of this section.
(7) Nothing in this section shall be construed as requiring the harbour authority to allow untreated ballast water (that is to say, ballast water which contains oil and has not been subjected to an effective process for separating the oil from the water) to be discharged into any oil reception facilities provided by, or by arrangement with, the authority; and the Minister shall exercise his powers under subsection (5) of this section accordingly.
(8) If the harbour authority fails to comply with any directions given under subsection (5) of this section within the period specified in the directions, or within any extended period allowed by the Minister (whether before or after the end of the period so specified), it shall be guilty of an offence, and liable on summary conviction to a fine not exceeding twenty naira for each day during which the default continues, from the day after the end of the period specified in the directions, or any extended period allowed by the Minister, as the case may be, until the last day before that on which the facilities are provided in accordance with the directions.
(9) As respects any harbour in Nigeria, subsections (1), (2), (5) and (8) of this section shall have effect in relation to arrangements for disposing of oil residues discharged or deposited by vessels using the harbour's oil reception facilities, and to the making of such arrangements, as those subsections have effect in relation to oil reception facilities and the provision of such facilities.