Section 1: Levy of terminal dues, etc.

(1) As from the date of commencement of this Act, terminal dues may be levied, subject to the provisions of this Act and the Nigerian Ports Authority Act, on any ship evacuating oil at any oil terminal and in respect of any services or facilities provided under this Act.
(2) The following persons shall be liable to pay any terminal dues levied pursuant to subsection (1) of this section, that is-
(a) the master or owner of the ship;
(b) every consignor or agent who shall have paid or made himself liable to pay any dues on account of such ship,
but, when any terminal dues are paid by any person who is not the master or owner of the ship, that person may retain, out of monies in his hands received on account of such ship or her owner, the amount of the dues paid by him together with reasonable expenses incurred by reason of such payment or liability.
(3) The master of any ship arriving in, or applying for the clearance of a ship outwards from an oil terminal shall produce to the Nigerian Ports Authority-
(a) the ship's register and the ship's papers;
(b) a list containing the name of the consignee of the oil intended to be evacuated; and
(c) such other particulars as the Authority may require, including the kind and quantity of oil to be evacuated, and the particulars required in the foregoing provisions of this subsection shall be delivered to such officer of the Authority and on such forms as may be prescribed.
(4) The Authority may either alone or with any other person enter into any ship evacuating oil in order to ascertain the dues payable in respect of the ship and may for that purpose determine the quantity of the oil in respect of which terminal dues are to be paid and may, if necessary, detain such ship until the dues have been ascertained or the quantity of the oil otherwise determined.
(5) Where the quantity of oil determined in accordance with subsection (4) of this section is more than that shown by the particulars delivered in accordance with subsection (3) of this section, the expenses incurred in determining the amount of oil shall be paid to the Authority by the master of the ship, and shall be recoverable in the same manner as dues leviable under this section.
(6) Where the master of any ship in respect of which any terminal dues are payable refuses or neglects to pay such dues on demand, the provisions of sections 75 to 77 of the Nigerian Ports Authority Act (which provide the remedies for the recovery of dues) or such provisions as may be prescribed shall apply in relation to the recovery of terminal dues payable under this section as they apply in relation to the recovery of dues and rates payable under Part XI of that Act.