PORTS ACT

This Act may be cited as the Port Act.

In this Act, unless the context otherwise requires-
"animals" means animate things of every kind except human beings;
"approach to a port" means any navigable channel declared to be an approach to a port under section 6 of this Act;
"Authority means the Nigerian Ports Authority established under the provisions of this Act;
"Authority pilot" means pilot appointed by the Authority;
"ballast" includes every kind of gravel, sand and soil and every commodity or thing commonly used for the ballasting of ships;
"beacon" means any light, mark or sign used as an aid to navigation, other than a lighthouse or buoy;
"buoy" includes any floating light, mark or sign used as an aid to navigation, other than a lighthouse;
"cargo" includes all kinds of moveable personnal property, other than animals;
"Civil Service Commission" means the Federal Civil Service Commission established under the provisions of the Constitution of the Federal Republic of Nigeria.
"dues" includes ships' dues and harbour dues;
"ferry" means any ship plying from one side of a waterway to the other for the purpose of the carriage of passengers or goods;
"goods" includes baggage, animals (whether alive or dead) and all other movable property of any kind whatsoever;
"licensed pilot" means a pilot licensed by the Authority,
"lighthouse" includes a lightship;
"master" means when used in relation to any ship, the person having command or charge of the ship for the time being, but does not include a pilot;
"the Minister" means a Minister for the time being charged with responsibility for maritime shipping and navigation;
"navigation channel' means any channel where navigation is possible;
"pier" means a pier, wharf or jetty of whatever description and includes any such pier, wharf or jetty erected on or extending beyond High Water Mark of Ordinary Spring Tide or extending into the waters of any navigator channel and also includes any pontoon moored in any such waters and used as a pier, wharf or jetty.
"pilot" means a person not belonging to a ship who has conduct thereof;
"pilotage district" means a pilotage district established by the Authority under section 58 of this Act;
"rates" means rates levied by the Authority by virtue of section 83 of this Act;
"ship" includes any ship, vessel, tug, lighter, canoe or boat of any kind whatsoever whether propelled by steam or otherwise or towed;
"trains" includes locomotives, engines, tenders, motors, coaches, wagons, trolleys and rolling stock of all kinds used whether separately or in conjunction on a railway;
"vehicle" means any vehicle, other than a train or ship;
"warehouse" includes any buildning, place, wagon, ship or vehicle when used by the Authority for the purpose of warehousing or depositing goods.

When powers are conferred or duties imposed by or under this Act on the Authority, such powers may be exercised or such duties discharged by or through any servant or agent of the Authority authorised in that behalf by the Authority.

The president may, by order, add to or delete from or amend the provisions contained in the First Schedule.

At any time after the commencement of Parts I, II, III, IV, V and VI of this Act, regulations and by-laws may be made and approved under any other Part of this Act, but any regulations or by-law made or approved under the provisions of any Part of this Act before the commencement of that Part shall have effect only as from the commencement of the said Part.

(1) The President may, by order-
(a) declare any place in Nigeria and any navigable channel leading into such place to be a port within the meaning of this Act;
(b) declare the limits of any port appointed in accordance with paragraph (a) of this subsection;
(c) declare any navigator channel leading into any port to be an approach to such port within the meaning of this Act.
(2) The places specified in the First Schedule to this Act shall be deemed to be ports, and the limits of any such port shall, until other provision is made in accordance with paragraph (b) of subsection (1) of this section, be the limits declared under the Ports Act and in force immediately before the commencement of this Part.

(1) So soon as may be after the commencement of this Part, there shall be established a public authority to be known as the Nigerian Ports Authority.
(2) The Nigerian Ports Authority shall be a body corporate with perpetual succession and a common seal, and shall have power to sue and be sued in its corporate name and to acquire and hold and dispose of lands.

(1) The Nigerian Ports Authority (hereafter in this Act referred to as 'the Authority") shall be constituted in accordance with subsection (2) of this section.
(2) Subject to the provisions of this section, the Authority shall consist of twenty members appointed by the Minister, of whom-
(a) one shall be designated by the Minister as Chairman of the Authority;
(b) one shall be a person appearing to the Minister to have experience of and shown ability in the organisation of workers;
(c) two shall be persons appearing to the Minister to represent the interests of persons who pay, as respects one, ships' dues and, as respects the other, harbour dues;
(d) one shall be a person appearing to the Minister to represent the interests of the Nigerian Railway corporation; and the quorum of the Authority shall be four.
(3) Notwithstanding anything in the provisions of the Fourth Schedule to this Act relating to the tenure of office of members of the Authority, the Minister may, remove from office, any member of the Authority if the Minister considers it necessary in the public interest to do so.
(4) The Authority shall pay to the members thereof such salaries, gratuities and allowances as may be determined by the Minister:
Provided that no such salaries, gratuities and allowances, other than such allowances as may be expressly authorised by the Minister, shall be paid to any person who holds an office of profit under the State otherwise than as a member of the Authority or as a member of a body corporate incorporated directly by a law enacted by any legislature in Nigeria.
(5) The provisions contained in the Fourth Schedule to this Act shall have effect with respect to the constitution and proceedings of the Authority.

The Minister may make regulations providing-(a) for the establishment of a body to represent the interests of persons using facilities under the control of the Authority; and
(b) for the holding of consultations between the body and the Authority; and
(c) for enabling the body to make representations to the Authority, or to any particular member or officer of the Authority, with a view to safeguarding those interests, and the regulations may contain such incidental and supplemental provisions (excluding provisions for the making of payments to members of the body) as the Minister considers expedient for the purposes of the regulations.

The Minister may, after consultation with the authority or the Chairman of the Authority, give to the Authority general or special directtions with respect to matters which in his opinion, are either matters affecting the public interest or matters of policy which have arisen or may arise in connection with the affairs of the Authority; and the Authority shall give effect to the directions.

(1) Without prejudice to the provisions of the last foregoing section, no regulations or by-laws made after the commencement of this Act by the Authority in exercise of the powers conferred on them by any enactment shall, come into force until the regulations or by-laws have been approved by order of the minister.
(2) The Minister may approve any such regulations or by-laws either without modification or with such modifications as he thinks fit; but before approving regulations or by-laws with modifications the Minister shall, afford the authority an opportunity of making representations with respect to the proposed modifications, and shall consider any representations made in pursance of this subsection.
(3) Nothing in this section shall require the approval of the Minister for regulations relating solely to the levying of rates and dues for the purposes of sections 74, 80 or 83 of this Act if the rates and dues do not exceed the limits approved by the Minister, either before or after the commencement of this Act, by notice in the Federal Gazette of the Federation.
(4) For the removal of doubt it is hereby declared that any area in the Federation outside the port of Lagos which is for the time being declared or deemed to be a port by virtue of section 6 of this Act is a Federal port.

(1) The Minister may appoint a person to act in place Chairman of the Authority during his temporary incapacity from illness or during his absence from Nigeria.
(2) A person appointed to act as temporary Chairman shall be deemed for all the purposes of this Act to be the Chairman of the Authority.

(1) It shall be the duty of the Authority-
(a) to provide and operate in the ports specified in Part I of the First Schedule, such port facilities as appear to them best calculated to serve the public interest;
(b) to maintain, improve and regulate the use of the ports specified in Parts I and II of the First Schedule to this Act and the port facilities transferred to the Authority under this Act, to such extent as appear to them expedient in the public interest;
(c) to provide for the ports specifed in Parts I and II of the First Schedule to this Act, the approaches to such ports, and the territorial waters of Nigeria, such pilotage services and such lights, marks, and other navigational services and aids as appear to them best
calculated to serve the public interest;
(d) subject to the provisions of section 14 of this Act, to provide and operate such other services as the President may require.
(2) The policy of the Authority shall be directed to secure that-
(a) the annual revenues of the Authority are, taking one financial year with another, sufficient to meet all charges properly chargeable to revenue;
(b) no particular person is given any undue preferences or subjected to any undue disadvantages.
(3) In this section-
"charges properly chargeable to revenue" means charges
chargeable to revenue in accordance with the provisions
of section 30 of this Act;
"navigational services" includes the cleaning and improving
of any waterway;
"port facilities" means facilities for berthing, towing,mooring, moving or drydocking of ships in entering or leaving a port or its approaches, for the loading and unloading of goods or embarking or disembarking of passengers in or from any such ship, for the lighterage or the sorting,weighing, warehousing or handling of goods, and for the carriage of passengers or goods in connection with any such facilities.

(1) Subject to the provisions of this Act, the Authority shall have power to carry on such activities as appear to them to be advantageous, necessary or convenient for them to carry on for or in connection with the discharge of their duties under section 13 of this Act and, without prejudice to the generality of the foregoing power the Authority may-
(a) acquire, construct, manufacture, maintain or repair anything required for the purposes of the Authority;
(b) carry on the business of carrier by land or sea, stevedore, wharfinger, warehouseman or lighterman or any other business recommended as desirable for the purposes of the Authority;
(c) load or unload any ship at any wharf for the time being vested in, or in the possession of the Authority:
Provided that the owner or charterer of any ship may employ on the ship his own agents and labour with their ordinary gear for such purposes;
(d) clean, deepen,improve or alter any port or its approaches or,if so required by the National Council of Ministers, any other waterway;
(e) provide and use both within Nigeria and on the high seas, ships and appliances for the towage or protection or salvage of life and property or for the prevention of fire;
(f) determine and impose charges for any services performed by the Authority and for the grant to any person of any licence, permit or certificate;
(g) acquire any undertaking affording or intending to afford facilities for the loading and unloading or warehousing of goods in any port;
(h) appoint, license and manage pilots;
(i) supply water to shipping, and generate and supply electricity;
(j) insure goods in the custody of the Authority;
(k) control the erection and use of wharves in any port or its approaches;
(l) sell, let, or otherwise dispose of, any property which appears to the Authority to be unnecessary for the purposes of the Authority;
(m) enter into agreements with any person-
(i) for the supply, construction, manufacture,
maintenance or repair by that person of any property, movable or immovable, necessary or desirable for the purposes of the Authority;
(ii) for the operation or the provision of any of the port facilities which may be operated or provided by the Authority;
(n) appoint, license and regulate weighers and meters of goods in any port;
(o) reclaim, excavate, enclose or raise any part of the lands vested in them;
(p) do anything for the purpose of advancing the skill of persons employed by the Authority, or of the efficiency of the equipment of the Authority, or of the manner in which that equipment is operated, including the provision by the Authority and the assistance of the provision by others, of facilities for training, education and research;
(q) provide houses, hostels and other like accommodation for persons employed by the Authority;
(r) make loans to persons employed by the Authority for purposes specifically approved by the Authority, as likely to increase the effectiveness of such persons in their services to the Authority, or otherwise for the purpose of the functions of the Authority;
(s) make loans to any person employed by the Authority for the purpose of building a house, purchasing a plot of land on which to build a house or purchasing a house, for the employee's use or for the residential use of his family;
(t) promote the welfare of persons employed by the Authority;
(u) engage in any other activity, whether similar to those heretofore specified or not, which may be sanctioned by order of the President.
(2) For the avoidance of doubt it is hereby declared that the preceding provisions of this section relate only to the capacity of the Authority as a statutory corporation, and nothing in the said provisions shall be construed as authorising the disregard by the Authority of any enactment or rule of law.
(3) The provisions of this section shall not be construed as limiting any power of the Authority conferred by or under any subsequent provisions of this Act.

The Authority shall afford to the Minister facilities for obtaining information with respect to the property and functions of the Authority, and shall furnish him with returns, accounts and other information with respect thereto and afford to him facilities for the verification of information furnished, in such manner and at such times as he may require.

Upon a day to be appointed by the President by notice in the Federal Gazette (hereinafter referred to as the vesting day) the assets described in the Second Schedule to this Act shall vest in the Authority by virtue of this Act and without further assurance.

The provisions of the Fifth Schedule to this Act shall have effect, in addition to the other provisions of this Act, in relation to the ports of Warri, Calabar and Burutu.

The President may, within a period of two years from the vesting day, by order, add any assets to the assets described in the Second Schedule to this Act, and any assets so added by an order made under this section shall be deemed to vest in the Authority by virtue of this Act, and without further assurance from the date the order comes into force.

(1) So soon as may be after the vesting day, the Authority shall, in respect of any moneys advanced by the Government to the Authority to provide for working capital, create an advance account in favour of the Government equivalent to the total amount of such advances.
(2) The advance account created under subsection (1) of this section, shall be subject to such conditions as to interest and repayment as the President may, from time to time,determine.

(1) The Government may provide a free reserve of such an amount as may be considered appropriate as at the vesting day, having regard to the total value of the assets vesting in the Authority on the vesting day by virtue of this Act.
(2) When any assets are vested in the Authority by an order made under section 18 of this Act, the amount of the free reserve created under this section may be increased to a sum considered appropriate, having regard to the value of the assets so vested.

(1) So soon as may be after any assets, other than the Apapa Wharf Extension, are transferred to the Authority by the Government under the provisions of this Act, the Authority shall create in respect of the value of the assets so transferred debenture stock, to be known as Port Debenture Stock A, of an amount to be agreed upon by and between the Government and the Authority, and such stock shall bear interest at such rate and from such date as shall be determined by the National Council of Ministers.
(2) So soon as may be after the vesting day, the Authority shall, in respect of the value of the Apapa Wharf Extension transferred to the Authority by the Government under the provisions of this Act create debenture stock, to be known as Port Debenture Stock B, of an amount to be agreed upon by and between the Government and the Authority, and such stock shall bear interest at such rate and from such date as shall be determined by the National Council of Ministers.

Contracts to which the provisions of the Third Schedule to this Act apply shall have effect in favour of and against the Authority as therein mentioned, and to the extent therein mentioned, as if instead of the Government, the Authority had been named therein or had been a party thereto.

A gratuity or annual allowance (other than a gratuity or pension payable under the Pensions Act, or any Act repealed thereby, or under the Nigerian Government Railway Pensionable Offices Act) to which a person is eligible by contract or custom by virtue of service with the government of the Federation before service with the Authority shall, upon payment by such Government to the Authority of such lump sum or sums as shall be agreed upon, be a matter within the authority of the Authority, whether it is payable by virtue of any legal liability or not, and shall not be a responsibility of such Government.

Any proceeding or cause of action pending or existing immediately before the vesting day by or against the Government in respect of the assets transferred under the provisions of this Act, may be continued or enforced by or against the Government as if this Act had not been enacted.

(1) There shall be an officer of the Authority, to be known as the General Manager who shall be the chief executive officer and shall be responsible for the execution delegation of of the policy of the Authority and the transaction of its functions day-to-day business.
(2) The General Manager shall be appointed by the Authority with the prior approval of the Minister.
(3) The Authority shall delegate to the General Manager the power to exercise supervision and control over the acts and proceedings of all servants of the Authority in matters of executive administration, and in matters concerning the accounts and records of the Authority, and, subject to any restrictions which may be imposed by the Authority, the power to dispose of all questions relating to the service of the said servants and their pay, privileges and allowances.
(4) The Authority shall delegate to the General Manager such of its functions as are necessary to enable him to transact efficiently the day-to-day business of the Authority and for this purpose the Authority may, from time to time, issue written instructions under its common seal.
(5) The General Manager shall not be a member of the Authority, but shall have the right to be present at all or any meetings of the Authority, except when any matter involving him personally is discussed, and shall be furnished with copies of all notices, agenda and minutes of all meetings of the Authority.

The Authority shall employ such servants and agents as it may think necessary for the due discharge of its functions under this Act, upon such terms as to remuneration or otherwise as it may determine.

(1) The Authority may make regulations generally relating to the conditions of service of servants of the Authority, and in particular, but without prejudice to the generality of the foregoing, may make regulations relating to-
(a) the appointment, dismissal, discipline, pay and leave of, and the security to be given by, such servants;
(b) appeals by such servants against dismissal or other disciplinary measures;
(c) the grant of pensions, gratuities and other retiring allowances to such servants and their dependants; and the grant of gratuities to the estates or dependants of deceased servants of the Authority;
(d) the establishment and maintenance of medical benefit funds, superannuation funds and provident funds, and the contributions payable thereto and the benefits receivable therefrom.
(2) Any pension scheme established by regulations made under paragraph (c) of subsection (1) of this section, shall be such as to make it possible for service with the Authority to be declared public service under the provisions of the Pension Act; and no regulations establishing such pension scheme shall come into force unless the Civil Service Commission shall, by notice in the Federal Gazette, declare that such regulations comply with the provisions of this subsection.

(1) The Authority shall, subject to the provisions of this section, employ such officers, being officers on the established staff of the Government, as may be seconded by to be the Civil Service Commission from the service of the employed, Government on the vesting day.
(2) The Civil Service Commission may at any time, determine the secondment of an officer who has been seconded to the service of the Authority under the provisions of this section, but no request by the Authority to the Civil Service Commission for the determination of the secondment of any such officer shall be 'made unless the Authority shall first have given to the officer written notice of the intention to make such request.

(1) Within a period of one year and three months, but not before the expiration of a period of one year next following the vesting day, the Authority shall offer, to ever officer seconded to the Authority from the service of the Government on the vesting day, employment by the Authority upon such terms and such conditions as may be
agreed between the Civil Service Commission and the Authority:
Provided that nothing in this Act shall prevent the Authority from informing such officers of proposed terms and conditions of service before the expiration of the period of one year next following the vesting day.
(2) The Authority shall not offer employment to any officer so seconded to the service of the Authority, except upon terms and conditions certified under the hand of the Chairman of the Civil Service Commission to be, in the opinion of the Civil Service Commission, not less favourable than those enjoyed by such officer at the date of such offer.
(3) The Civil Service Commission shall not decline so to certify the terms and conditions comprised in any offer merely because they are not in all respects identical with or superior to the terms enjoyed by the officer concerned at the date of such offer, if such terms and conditions, taken as a whole, in the opinion of the Civil Service Commission offer substantially equivalent or greater benefits.
(4) Any officer who fails within one year to accept in writing an offer made to him by the Authority in accordance with this section shall be deemed to have refused such offer.
(5) If an officer refuses an offer of employment made to him by the Authority in pursuance of this section, the obligation imposed by subsection (1) of section 28 of this Act on the Authority to employ the officer shall thereupon determine.
(6) If no offer in pursuance of this section is made by the Authority to an officer seconded to its service, then the obligation imposed by subsection (1) of section 28 of this Act, on the Authority to employ the officer, shall determine on the expiration of the period of two years and three months next following the vesting day.
(7) When an officer accepts an offer of employment made in pursuance of this section, his service with the Authority shall be deemed to have commenced, and his service with the Government to have ceased, upon the expiration of the period of one year and three months next following the vesting day.

The Authority shall, charge to revenue account in every year, all charges which are proper to be made to revenue account, and also-(a) proper provision for the redemption of Port Stock issued under section 21 of this Act and of capital raised under section 33 of this Act and for the repayment of money comprised in the advance account created under section 19 of this Act or money borrowed under section 33 or section 34 of this Act;
(b) allocations to the reserve funds established and maintained under section 31 of this Act.

(1) There shall be established and maintained a general reserve fund.
(2) The Authority may establish and maintain such other reserve funds as the Minister may approve.
(3) The maximum of any fund established and maintained under this section shall be such as the Minister may, from time to time, prescribe.
(4) The Authority may, with the approval of the Minister, carry to any fund established and maintained under this section such part of the receipts on revenue account as is available for the purpose:
Provided that the amount comprised at anyone time in any such fund shall not exceed the maximum prescribed for that fund under subsection (3) of this section.
(5) The application of any fund established 'and maintained under this section shall be as the Authority may, with the approval of the Minister, determine:
Provided that no part of the moneys comprised in any such fund shall be applied otherwise than for the purposes of the Authority.

Any excess of the Authority's revenues for any financial year over its outgoings and charges for that year chargeable under section 30 of this Act to revenue account shall be applied for such purposes as the Authority may determine:
Provided that no part of any such excess shall be applied otherwise than for the purposes of the Authority.

(1) The Authority may, with the approval of Minister and also of the National Council of Ministers, borrow money or raise capital, otherwise than from the Government, by the issue in such form as may be approved of stock, bonds, promissory notes, loan certificates or other and documents of title for all or any of the following purposes-
(a) the fulfilling of the functions of the Authority under this Act;
(b) the provision of working capital;
(c) the redemption or repayment of any capital raised or money borrowed which the Authority is required or entitled to redeem or repay;
(d) the provision of money for meeting any expenditure which is properly chargeable to capital account.
(2) For the purposes of payment of interest, repayment or redemption, moneys borrowed or capital raised under this section shall rank equally with all other such moneys borrowed or capital raised under this section; and the payment of interest on and the repayment or redemption of money so borrowed or capital raised shall have priority over the payment of interest on and the repayment or redemption of money comprised in the advance account created under section 19 of this Act, Port Stock issued under section 18 of this Act and any money borrowed or capital raised from the Government under section 34 of this Act.
(3) Money borrowed by the Government for the exclusive purpose of re-lending to the Authority and, accordingly, re-lent to the Authority, shall be deemed to be money borrowed otherwise than from the Government and, accordingly, to be money borrowed or capital raised, under this section.
(4) Money owed by the Authority under any arrangement by which such money is allowed to remain unpaid for a period greater than one year shall be deemed to be money borrowed under this section.
(5) The Authority may borrow money (other than money borrowed by the Government for the exclusive purpose mentioned in subsection (3) of section 33 of this Act) or raise capital from the Government in such manner and upon such terms and conditions as the Minister may approve for all or any of the purposes mentioned in subsection (1) of section 33 of this Act.

The Authority may, with the consent of or in accordance with any general authority given by the Minister, borrow temporarily by way of loan, overdraft or otherwise such sums repayable on demand or within one year after the date of borrowing as the Authority may require for meeting
their obligations and discharging their functions under this Act, and the moneys aforesaid may be borrowed from the Government or from such other person and upon such terms and conditions as may be approved by the Minister.

The Authority may invest all or any portion of the moneys of the Authority in such manner as may be approved by the minister.

(1) The Authority shall-
(a) cause proper accounts and other records in relation thereto to be kept; and
(b) shall prepare an annual statement of accounts in such 1959 form and containing such particulars, compiled in such manner as the Minister may offer consultation with the Authority from time to time direct.
(2) The said annual statement of accounts shall present a true and fair view of the financial position of the Authority and of the results of the Authority's operations for the year to which it relates, and the Minister shall exercise his powers under this section accordingly.
(3) The accounts of the Authority shall be audited by an auditor or auditors to be appointed annually by the Authority with the approval of the Minister.
(4) As soon as the accounts of the Authority have been audited as aforesaid, the Authority shall send a copy of the state- ment of accounts referred to in paragraph (b) of subsection (1) of this section to the Minister together with a copy of the report made by the auditor or auditors thereon.
(5) The Minister shall lay a copy of every such statement of accounts and report on the table of the House of Representatives.

(1) The Authority shall, as soon as possible after the end of each financial year, make to the Minister a report dealing with the activities of the Authority during that year; and the report shall be prepared in such form and containing such particulars, compiled in such manner as the Minister may, after consultation with the Authority from time to time, direct.
(2) The Minister shall lay a copy of every such annual report on the table of the House of Representatives.
(3) The Authority shall furnish to the Minister such financial and statistical returns as he may from time to time, require.

(1) When there is any hindrance to acquisition by the Authority of any land or building required for carrying into effect any of the provisions of this Act,the President, upon the application of the Authority and after such inquiry as the President may think fit, may declare that the land or building is required for the service of the Authority: and he may direct that action be taken under the provisions of the Land Use Act for acquiring the land or building for the government or (as the case may require) for revoking any rights thereto, and for determining the compensation to be paid to the parties interested; and upon the making of such declaration, the land to which it relates shall be deemed to be land required for a public purpose within the meaning of the Land Use Act.
(2) When the land or building has been acquired or the rights thereto have been revoked as aforesaid, the President may vest such land or building in the Authority by means of a certificate under the hand and seal of the Chief Federal Lands Officer to the effect that the land or building has been made over to the Authority, or, as the case may require, may direct that a right of occupancy in respect thereof be granted to the Authority.
(3) The compensation, if any, for such acquisition or revocation, as the case may be, shall in the first instance be paid by the Government, but the Authority shall refund to the Government any compensation so paid and all incidental expenses incurred by the Government.
(4) All Authorities within Nigeria shall give effect to any directions given by the President in accordance with the provisions of this section.

The Authority shall not, without the approval in writing of the National Council of Ministers, alienate, mortgage, charge or demise any immovable property which has been vested in the Authority under any of the provisions of this Act or in respect of which a right of occupancy has been granted to the Authority.

The Authority may, by their servants or agents, together with all necessary workmen-(a) enter on any land for the purpose of erecting or maintaining any beacon, buoy or mooring, or of examining, repairing, altering or removing any beacon, buoy or mooring, and there remain for such reasonable time as may be necessary for such purpose;
(b) erect and maintain any beacon, buoy or mooring upon or in any land, swamp, embank- ment, wharf, or the shore or bed of any tidal or other waters, and alter or remove any beacon, buoy or mooring:
Provided that no beacon, buoy or mooring shall be so placed on any road as to hinder or inter- fere with free passage along such road; and
(c) for the purposes of their functions under this Act, survey and take levels of any land, and cut and remove all trees and underwood which may interfere with such surveys.

An authorised servant of the Authority together with all proper assistance may enter on any land and cut and remove all trees, underwood and vegetation which may interfere with the visibility of any lighthouse or beacon from any other point or place.

The Authority shall, when practicable, give notice to the occupier of any land upon which it is intended to enter in exercise of any of the powers conferred by section 36 or 41 of this Act and shall inform the responsible Commissioner in the State wherein the land is situate or the Minister, if the land is situated in the Federal Capital Territory, Abuja.

(1) In the exercise of any of the powers conferred upon the Authority by section 4O or 41 of this Act, the Authority shall do as little damage as may be, and compensation shall be paid by the Authority for any damage done to any crops or economic trees but not otherwise.
(2) Any dispute as to the amount of compensation payable under this section shall be determined by a magistrate exercising jurisdiction in the place where the land is situate.

The Authority may appoint a harbour master in respect of any port.

(1) The Authority may make regulations for the maintenance, control and management of any port and for the maintenance of good order therein, and, in particular and without prejudice to the generality of the foregoing power, may make regulations for all or any of the following
purposes-
(a) regulating traffic within the limits of a port or the approaches to a port;
(b) regulating the berths and stations to be occupied by ships and the removal of ships from one berth, station or anchorage to another berth, station or anchorage, and the time within such removal shall be effected;
(c) regulating ships whilst taking in or discharging ballast or cargo;
(d) keeping free passages of such width as is deemed necessary, within any such port and along or near to the piers, jetties, landing places, wharves, quays, docks, moorings and other similar works in or adjoining the same; and for marking out the spaces so to be kept free;
(e) regulating the anchoring, fastening, mooring, and unmooring and warping of all ships and the use of warps, mooring buoys, chains and other moorings;
(f) regulating traffic, preventing obstruction and keeping order on piers, jetties and wharves, and for ensuring the safety of piers, jetties and wharves and any cargo thereon;
(g) regulating the use of fires and lights, and the signals to be used and measures to be taken in case of fire in a port by day and by night;
(h) enforcing and regulating the use of navigating lights, or signals and of signal lights by ships;
(i) regulating the flags and signals to be used by ships arriving at, lying in and departing from a port;
(j) regulating the manner in which ships arriving shall be boarded by the harbour master, and the information to be supplied to him by the master of the ship;
(k) regulating the use by ships of steam whistles, steam sirens and other like instruments;
(l) prohibiting chipping, scaling or noisy repairs on ships except at such anchorages or places and at such times as may be prescribed or as the harbour master may appoint;
(m) prohibiting or regulating the erection, maintenance and working of fishing stakes, prescribing the nature of the nets or stakes which may be used, and providing for the licensing of persons authorised to erect and maintain the same, and prescribing the fees which shall be paid for such licence;
(n) regulating, whether by way of prohibition or otherwise, the floating of timber, casks or other objects in any port or the approach to any port and the casting or depositing of any dead body, ballast, rubbish, or other thing into any port or the approach to any port in contravention of this Act and for the redemption on payment of expenses and a penalty, within a time limit to be fixed, of anything so forfeited;
(o) prescribing the duties of masters of ships carrying gunpowder or other explosive or dangerous cargo, and of persons engaged in or supervising the shipping, unshipping, landing and transport of any such cargo;
(p) regulating the placing and maintaining of moorings or buoys;
(q) regulating and licensing weighing and metering of goods;
(r) regulating and licensing porters and carriers and
other labourers employed in the working of port
facilities.
(2) For the breach of any regulations made under this section, the Authority may prescribe as a penalty a fine not exceeding N100, and in the case of a continuous breach, a further fine not exceeding N10 a day for every day after the first during which such breach continues, and a term of imprisonment not exceeding 3 months, or both such term of imprisonment and fine.

Subject to the provisions of any regulations made under this Part, the harbour master of a port may-(a) direct where any ship shall be berthed, moored or anchored and the method of anchoring within the port and the approaches thereto;
(b) direct the removal of any ship from any berth, station or anchorage to another berth, station or anchorage and the time within which such removal is to be effected within the port and the approaches thereto;
(c) regulate the moving of ships within the port and the approaches thereto.

No person shall erect or re-erect, alter, extend, own or occupy a pier in any port or in the approaches to any port except under and in accordance with a licence granted by the Authority.

(1) The Authority may, on payment of the prescribed fee, grant licences for the purposes of section 47 of this Act in the prescribed form and may renew such licences.
(2) The grant or renewal of any such licence shall be at the discretion of the Authority.
(3) Any such licence shall be subject to such conditions as may be prescribed and to such such special conditions endorsed thereon as the Authority may see fit to impose.

The Authority may cancel any licence granted under section 48 of this Act on proof to its satisfaction of a breach of any condition of the licence or of a contravention by the holder of the licence of any regulation made under section 52 of this Act.

(1) The Authority may cancel any licence granted under section 43 of this Act whenever it may think proper in the public interest, but in such a case the holder thereof shall be entitled to be paid reasonable compensation by the Authority unless express provision to the contrary is contained in the licence.
(2) When the amount of compensation payable under subsection (1) of this section is not agreed, the amount shall be determined by the High Court within whose area of jurisdiction the pier is situate in the like manner as the amount of compensation is determined under the law for the time being regulating the acquisition of land for public purposes.

(1) Any servant of the Authority may, in any of the following cases remove or cause to be removed a pier in any port or in the approaches to any port or any portion thereof and for such purpose may enter upon any land or the pier-
(a) if the holder of a licence granted in respect of the pier is required in accordance with regulations made under section 52 of this Act to remove the pier and he refuses or neglects to do so within the time specified;
(b) if the pier has been erected, re-erected, altered or extended without a licence or is owned or occupied without a licence;
(c) if the licence granted in respect of the pier has been cancelled under the provisions of this Act; and
(d) if the licence granted in respect of the pier has
expired.
(2) Except when the licence granted in respect of the pier has been cancelled under section 50 of this Act, the costs and expenses of and in connection with such removal shall be defrayed by the occupier of the pier and may be recovered from him at the suit of the Authority in any court of competent jurisdiction.

(1) The Authority may make regulations for all or any of the following purposes-
(a) controlling the erection, re-erection, alteration, extension and use of piers in any port or in the approaches to any port;
(b) requiring the owners or occupiers of such piers to maintain the same and the approaches thereto in a proper state of repair;
(c) prescribing the fees to be paid for any licences issued under section 48 of this Act;
(d) prescribing forms for such licences and applications therefor;
(e) for the proper lighting of such piers;
(f) requiring such life-saving apparatus as may be specified in the regulations to be kept on such piers;
(g) the period of validity of such licences; and
(h) generally for giving effect to the provisions and purposes of this Part.
(2) For the breach of any regulation made under this section, the Authority may prescribe as a penalty, a fine not exceeding one hundred naira, and in the case of a continuous breach, a further fine not exceeding ten naira a day for every day after the first during which such breach continues, and a term of imprisonment not exceeding three months, or both such fine and imprisonment.

Any licence granted under the provisions of the Piers Act in respect of any pier in a port or in the approaches to a port and in force immediately before the coming into operation of this Part shall be deemed for all purposes to have been granted under the provisions of this Part.

Any person who contravenes any of the provisions of section 47 of this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding N100 or to imprisonment for a period not exceeding 6 months or to both such fine and imprisonment.

The provisions of this Part of the Act except the provisions of subsection (1) of section 48 of this Act and of subsection (2) of section 52 of this Act shall bind the State.

Where any part of the wharves or premises vested in or in the possession of the Authority is appointed a customs area for the purposes of the Customs and Excise Management Act, the Authority shall set apart and maintain such area, and provide office accommodation thereof in such manner as the Department of Customs and Excise may require.

(1) The Authority may make by-laws for the control and management of the wharves and premises vested in or in the possession of the Authority and the maintenance good order therein and, in particular, without prejudice to
the generality of the foregoing power, may make by-laws for all or any of the following purposes-
(a) regulating, declaring and defining the wharves, docks, piers and places vested in or in the possession of the Authority on and from which goods shall be landed and shipped;
(b) regulating the manner in which and the conditions under which the loading and discharging of ships shall be carried out;
(c) regulating the use of any sheds, warehouses and railways vested in or in the possession of the Authority;
(d) the exclusion and removal from the premises of the Authority of idle and disorderly or other undesirable persons and trespassers;
(e) regulating the conduct of persons employed on wharves and premises vested in or in the possession of the Authority;
(f) regulating any ferry service maintained by the Authority;
(g) for the management of lighthouses of the Authority.
(2) For the breach of any by-laws made under this section, the Authority may prescribe as a penalty a fine not exceeding N100, and, where the breach is a continuous breach a further fine not exceeding NlO for every day after the first day during which the breach continues.
(3) A copy of the by-laws made under this section and for the time being in force, shall be kept at the office of the Authority in each port and the Authority shall allow any person to inspect it free of charge at all reasonable times.

(1) The Authority may, by order, establish a pilotage district in any port, the approaches to any port or in territorial waters.
(2) An order made under subsection (1) of this section may-
(a) provide that in any pilotage district or in any part of a pilotage district pilotage shall be compulsory;
(b) define the limits of any pilotage district, distinguishing, when pilotage is compulsory in part of such district, the part of the district in which pilotage is compulsory.
(3) An order under this section shall not take effect unless it has been submitted to the President and approved by him.
(4) Until other provision is made by an order made under this section, ports defined by regulations in force immediately
before the commencement of this Part made under the Pilotage Act shall be deemed to be pilotage districts for the purposes of this Act and every area in which pilotage was made compulsory under such regulations shall be deemed to have been defined as a compulsory pilotage area under this section.

(1) Every ship, other than any excepted ship, while navigating in a pilotage district in which pilotage is compulsory for the purpose of entering, leaving or making use of the port in the district shall be under the pilotage of-
(a) an Authority pilot; or
(b) a licensed pilot of the district.
(2) For the purposes of this section, the following ships are excepted ships-
(a) ships belonging to any of the armed forces of Nigeria or owned or operated by the Govern- ment of the Federation or of any State;
(b) ships owned or operated by the Authority;
(c) pleasure yachts;
(d) ferry boats plying as such exclusively within the limits of a port;
(e) ships not exceeding ten tons gross tonnage;
(f) tugs, dredgers, barges or similar vessels whose ordinary course of navigation does not extend beyond the limits of a port;
(g) ships exempted from compulsory pilotage by regulations as hereinafter provided in this Part.
(3) A ship while being moved within a port which is or forms part of a pilotage district, shall be deemed to be a ship navigating in a pilotage district, except so far as may be provided by regulations made as hereinafter provided by this Part.

Subject to the provisions of this Part, the Authority may license Pilots for a pilotage district, and may do all such other things in relation to pilots as are necessary or expedient for carrying into effect the Authority's powers and duties conferred or imposed by or under this Part.

The Authority may, by order, establish a pilotage board for a pilotage district, and in a pilotage district in which or in any part of which pilotage is compulsory, the Authority shall establish a pilotage board for that district.

(1) A pilotage board shall consist of-
(a) the harbour master of the port; and
(b) not less than two or more than four persons appointed by the Authority with the approval of the Minister.
(2) An appointed member of a pilotage board may be appoint- ed for a period not exceeding three years, and may be re-appointed.
(3) An appointed member may, at any time resign from membership of a pilotage board by sending his resignation in writing to the Authority.
(4) The harbour master of the port shall be the Chairman of the pilotage board.

It shall be the duty of a pilotage board to-(a) hold inquiries concerning the conduct of pilots in the discharge of their duties in the pilotage district;
(b) license pilots for the pilotage district on behalf of the Authority;
(c) hold examinations in connection with the licensing of pilots for the pilotage district.

(1) A pilotage board shall meet for the despatch of business at such time and place as the Chairman of the pilotage board may, from time to time, appoint.
(2) Two members of a pilotage board shall form a quorum.
(3) The Chairman, if present, shall preside at every meeting of a pilotage board, and in his absence the pilotage board shall appoint one of its members present to preside.
(4) Every question which comes before a pilotage board at any meeting shall be decided by a majority of votes of the members present and voting.
(5) The member presiding at any meeting shall have a vote and, in the case of an equality of votes, a second or casting vote.
(6) Minutes shall be kept of the proceedings of a pilotage board, and such minutes shall be signed by the person presiding at the meeting to which the minutes relate.

A pilotage board may, and when directed by the Minister shall, hold and inquiry into the conduct of a pilot against whom any allegation of misconduct is made, or a pilot in charge of a ship which-(a) touches the ground; or
(b) runs foul of any other ship; or
(c) runs foul of any wharf, buoy, mole or beacon.

A pilotage board holding an inquiry under section 52 of this Act may summon witnesses and examine witnesses on oath and may call for any documents in any matter before them.

When any person-(a) on being summoned as a witness before a pilotage board fails to attend;
(b) refuses to take an oath or to affirm when required to do so by a pilotage board during an inquiry;
(c) refuses to produce any document in his power or control legally required by the pilotage board during an inquiry;
(d) refuses to answer any question to which a pilotage board may legally require an answer;
(e) during an inquiry is, in the opinion of the pilotage board, guilty of contempt towards the board, the Chairman of the pilotage board may make a written complaint concerning the conduct of the person to any court which has power to punish persons if guilty of like conduct in that court, and the court may thereupon inquire into such alleged conduct, and after examination of any witnesses that may be produced for or against the person complained against, and after hearing any statement that may be offered in defence, the court may if it seems just, punish the person complained against as if he had been guilty of such conduct in a proceeding in that court.

(1) Where a pilotage board after due inquiry in accordance with the provisions of this Part finds that a pilot has-
(a) been guilty of misconduct affecting his capability as a pilot; or
(b) failed in or neglected his duty as a pilot; or
(c) becomes incompetent to act as a pilot; the pilotage board may, in a case under para- graph (a) or paragraph (b) of this subsection, impose a fine not exceeding twenty naira or severely reprimand or reprimand the pilot and may, in any case, whether in addition to any such fine or reprimand or not, suspend the pilot from duty.
(2) Where a pilot is suspended from duty by a pilotage board under subsection (1) of this section, the board shall make such recommendations to the Authority concerning the future exercise of the pilot's duties in the pilotage district, as they consider appropriate in the circumstances of the particular case.
(3) Copies of the record of an inquiry held under section 65 of this Act or a recommendation made under subsection (2) of this section, shall be supplied by the pilotage board to the Authority, the Minister and the pilot concerned.

(1) If a pilot is aggrieved by a decision or recommendation of a pilotage board he may, within thirty days from the date of the decision or recommendation appeal to the Minister.
(2) The Minister after considering the appeal may-
(a) confirm or reverse the finding of the board; or
(b) subject to the provisions of section 68 of this Act, alter the nature of the punishment; or
(c) in the case of a recommendation to the Authority under subsection (2) of section 68 of this Act support, comment on or oppose the recommendation,
and the decision of the Minister shall be final.

(1) The Authority shall consider any recommendation made by a pilotage board concerning any Pilot who has been suspended by the board under section 68 this Act, and having considered the recommendation and Authority the record of the inquiry may-
(a) suspend or revoke the pilot's licence; or
(b) inform the pilot and the pilotage board that the pilot may resume his duties as a pilot in the pilotage district.
(2) No pilot's licence shall be suspended or revoked under sub- section (1) of this section, or action taken by the Authority in relation to any pilot as a result of a recommendation made by a pilotage board unless-
(a) no appeal has been made by the Authority pilot or licensed pilot to the Minister within the time prescribed by section 69 of this Act; or
(b) in the case of an Authority pilot he has informed the Authority in writing that he does not intend to exercise his right of appeal; or
(c) an appeal has been made to and determined by the Minister in accordance with the provisions of section 69 of this Act.

Subject to the provisions of this Part, the Authority may make regulations for any pilotage district for all or any of the following purposes-(a) exempting any class of ship from compulsory
pilotage;
(b) prescribing the occasions upon which a ship being moved within a port which forms part of a pilotage district in which pilotage is compulsory shall not be deemed to be navigating in the port;
(c) providing that in respect of any class of ship prescribed in such regulations only Authority pilots shall undertake pilotage;
(d) determining the qualifications to be required of licensed pilots, and for the grant of licences to pilots;
(e) providing generally for the good government of
Authority pilots and pilots licensed by the Authority;
(f) providing for the punishment of any breach of any regulations made by the Authority for the good government of pilots by the infliction of fines not exceeding N40;
(g) prescribing the fees which shall be payable upon the grant or renewal of a licence;
(h) providing for bonds (the penalty of which shall not in any case exceed N200) being given by pilots for the purpose of the provisions of section 73 of this Act, limiting a pilot's liability; and
(i) generally regulating pilotage in a pilotage district.

The master or owner of a ship navigating in circumstances in which pilotage is compulsory shall be answerable for any loss or damage caused by the ship or by any fault of the navigation of the ship in the same manner as he would if pilotage were not compulsory.

(1) A pilot who has given a bond under regulations made under this Part, shall not be liable for neglect or want of skill beyond the penalty of the bond and the amount payable to him on account of pilotage in respect of the voyage in which he was engaged when he became so liable.
(2) Any bond given by a pilot in accordance with regulations made under this Act shall not be liable to stamp duty.
(3) Where any proceedings are taken against a pilot for any neglect or want of skill in respect of which his liability is limited as provided by this section, and other claims are apprehended in respect of the same neglect or want of skill, the court in which the proceedings are taken may determine the amount of the pilot's liability and upon payment by the pilot of that amount into court, may distribute that amount rateably among the several claimants, and may stay any proceedings pending in any other court in relation to the same matter, and may proceed in such manner and subject to such directions as to making persons interested parties to the proceedings, and as to the exclusion of claimants who do not come in within a certain time, and as to requiring security from the pilot, and as to payment of any cost as the court thinks fit.

Subject to the provisions of this Part, the Authority may levy pon every ship entering or leaving a port or the approaches thereto such harbour dues in respect of the passengers, animals or cargo carried in such ship as the Authority may by regulation made under section 95 of this Act prescribe.

(1) The master of any ship arriving in a port shall produce to the Authority-
(a) the ship's register and the ship's papers;
(b) a list of all inward passengers and animals, the name of the consignee of the cargo intended to be unshipped; and
(c) if the whole cargo be intended to be unshipped, a copy of the bill of lading or manifest of the cargo; or
(d) if part only of the cargo be intended to be unshipped, the best account in writing in his power of the kinds, weights and quantities of the cargo intended to be unshipped,
and shall also supply such other information in relation to the ship, passengers, animals and cargo thereof as may be prescribed.
(2) The particulars required by subsection (1) of this section shall be produced or supplied in such form and within such time as may be prescribed.

(1) When applying for the clearance of his ship outwards from a port, the master shall produce to the Authority-
(a) a list of all outward passengers and animals;
(b) the best account in writing, in his power, of the kinds, quantities and weights of all cargo shipped on board in such port, and shall also supply to the Authority such other information in relation to the ship, passengers, animals or argo thereof as may be prescribed.
(2) The particulars required by subsection (1) of this section shall be delivered to such officer of the Authority, and in such form as may be prescribed.

(1) Harbour dues payable in respect of passengers, animals and cargo inwards shall be paid at the time of the report of the ship inwards.
(2) Harbour dues payable in respect of passengers, animals and cargo outwards shall be paid at the time of the report of the ship outwards.

The following persons shall be liable for the payment of harbour dues-(a) the master or owner of the ship;
(b) as to harbour dues payable in respect of passengers, animals or cargo inwards, every consignor or agent of the ship who shall have paid or made himself liable to pass any charge on account of such ship in her port of arrival or discharge;
(c) as to harbour dues payable in respect of passengers, animals and cargo outwards, every consignee or agent of the ship who shall have paid or made himself liable to pay any charge on account of such ship in her port of departure.

When any harbour dues are paid by any person, not being the owner or master of the ship, who is made liable by paragraph (b) or paragraph (c) of section 78 of this Act, that person may retain out of any moneys in his hands received on account of such ship or her owner, the amount of the harbour dues paid by him together with any reasonable expenses he may have incurred by reason of such payment or liability.

Subject to the provisions of this Part, the Authority may levy on any ship-(a) in relation to any port, such ships' dues by way of light, buoyage, anchorage, mooring buoy, berthing or other ships' dues;
(b) in relation to any pilotage district such ships' dues by way of pilotage dues, as the Authority may by regulation made under section 95 of this Act prescribe.

(1) The following persons shall be liable to pay ships' dues levied on a ship under paragraph (a) of section 80 of this Act-
(a) the master or owner;
(b) every consignee or agent who shall have paid or made himself liable to pay any dues on account of such ship in the port of her arrival or discharge.
(2) The following persons shall be liable to pay ships' dues levied on a ship under paragraph (b) of section 80 of this Act-
(a) the master or owner;
(b) as to pilotage inwards, every consignee or agent who shall have paid or made himself liable to pay any dues on account of such ship in the port of her arrival or discharge;
(c) as to pilotage outwards, every consignee or agent who shall have paid or made himself liable to pay any dues on account of the ship in her port of departure.

When any ships' dues are paid by any person, not being the master or owner of the Ship, Who is made liable by paragraph (b) of subsection (1) or paragraph (b) or paragraph (c) of subsection (2) of section 81 of this Act, that person may retain, out of any moneys in his hands received on account of such ship or her owner, the amount of dues paid by him together with any reasonable expenses he may have incurred by reason of such payment or liability.

Subject to the provisions of this Part, the Authority may levy such rates as the Authority may by regulation made under section 95 of this Act, prescribe for the use of any works or appliances provided, or any service to be performed in respect of any ships or goods by the Authority, in pursuance of the powers conferred by this. Act and, without prejudice to the generality of the foregoing, for any of the following-(a) the landing, shipping, wharfage, cranage, storage, carriage or demurrage of goods;
(b) the carriage of passengers;
(c) the use by any ship or person of any wharf in the possession of the Authority;
(d) the use of any gear, tackle, tools, instruments or staging supplied by the Authority for the purpose of any ship using any wharf in the possession of the Authority;
(e) the use of any ship or lighter, or any engine or boat for the extinction of fire, belonging to or maintained by the Authority;
(f) the towing of, and rendering assistance to, any ship, whether leaving or entering the wharves in possession of the Authority or not, being within or without any port;
(g) for water supplied by the Authority.

(1) For the amount of all rates leviable under this Act in respect of any goods, the Authority shall have a lien on such goods, and shall be entitled to seize and detain the same until such rates are fully paid.
(2) Rates in respect of goods to be landed shall become payable immediately on the landing of such goods.
(3) Rates in respect of goods to be removed from the premises of the Authority, or to be shipped, shall be payable before such goods are removed or shipped.
(4) The lien for such rates shall have priority over all other liens and claims, except claims for money payable to governments of the Federal Republic of Nigeria.

(1) If the master or owner of any ship, or his agent, or the person by whom the goods are landed; at or before the time of landing from such ship, any goods at any wharf landing if or other premises of the Authority, gives notice in writing that such goods are to remain subject to a lien for freight, primage or general average, or charges to an amount to be mentioned in such notice, such goods shall continue liable to the same lien, if any, for such charges as they were subject to before the landing thereof.
(2) The Authority shall retain such goods at the risk and expense of the owner of the goods until the lien is discharged as hereinafter mentioned, or until they are entitled under the provisions hereinafter contained to sell them.

Upon production to the Authority of a document purporting to be a receipt for the amount claimed as due, a release for the amount of any lien to which goods are liable under section 85 of this Act from the person by or on whose behalf such notice has been given, the Authority may permit such goods to be removed without regard to the lien,
provided that it has used reasonable care in respect to the authenticity of such document.

(1) If the rates payable to the Authority in respect of Power of aforesaid has been given,is not discharged, the Authority may, and in charges, shall, at the expiration of ninety days from the time when the goods were placed in their custody, or if the goods are of a perishable nature at such earlier period, not being less than 24 hours after the landing of the goods, as they think fit, sell by public auction the said goods or so much as is necessary to satisfy the duty, expenses, rates and other claims hereinafter directed to be paid out of the proceeds of such sale.
(2) Before making such sale ten days' notice of the same shall be given by publication thereof in the Federal Gazette, unless the goods are of so perishable a nature as, in the opinion of the Authority, to render their immediate sale necessary or advisable, in which event such notice shall be given as the urgency of the case admits.
(3) If the address of the owner of the goods or of his agent the documuments which has come into the hands of the authority or is otherwise known and such address is within Nigeria, notice shall also be given to the owner of the goods by letter delivered at such sent by post; but the title of a bona fide purchaser shall not be invalidated by reason of the omission to send the said notice, nor shall any such purchaser be bound to inquire whether such notice has been sent.

(1) The proceeds of any sale in accordance with the last preceding section shall be applied as follows,and in the following order-
(a) first in payment of any customs and excise duties and State warehouse rent owing in respect thereof; then
(b) in payment of the expenses of the sale; then
(c) in payment of the rates and expenses due to the Authority in respect of the goods; then
(d) in payment of the freight and other claims or lien of which such notice as aforesaid has been given, and the surplus, if any, shall be paid to the owner of the goods on demand.
(2) In case no such demand is made within one year from the sale of the goods, the surplus shall be paid to the general account of the Authority, whereupon all rights to the same of the owner shall be extinguished.

The Authority may, either alone or with any other person, enter into any ship within the limits of any port, in order to ascertain the dues or rates payable in respect of the ship.

If any difference arises between the Authority and the master of any ship or the owner of any goods, concerning the weight or quantities of the goods in respect of which any harbour dues or rates are payable, the Authority shall cause all such goods to be weighed and measured and may, if necessary, detain the ship containing such goods until they have been weighed or measured.

(1) If the weight or measurement of such goods be more than that shown by the particulars delivered by the master in accordance with section 75 or 76 of this Act the expenses of such weighing or measuring 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 Part.
(2) If the weight or quantity of such goods be the same as or less than that shown by the particulars so delivered, the Authority shall pay all expenses of such weighing or measuring and of any unreasonable delay of the ship.

(1) If the master of any ship in respect of which any dues or rates are payable refuses or neglects to pay such dues or rates on demand, the Authority may distrain or arrest the ship and the tackle, apparel or furniture thereof and may detain it until the amount so due is paid.
(2) If for a period of fourteen days following such distraint or arrest-
(a) any such dues or rates; or
(b) any of the expenses of distraint or arrest or the
detention of the ship, tackle, apparel or furniture, remain unpaid, the Authority may cause the ship or other things distrained or arrested to be sold.
(3) Out of the proceeds of such sale, the Authority may retain the amount of dues, rates or costs which are owing and the Authority shall deliver the balance to the master of the ship, on demand.

(1) If the Authority gives to the proper officer of the Department of Customs and Excise a notice stating that an amount, therein specified, is due in respect of dues or rates leviable under this Act against any ship, or the master or owner of such ship, the proper officer shall not give any discharge or clearance outwards until-
(a) the amount of such dues or rates has been paid; or
(b) security has been given to the satisfaction of the
Authority for the payment of such dues or rates
(2) In this section "proper officer" means the officer whose duty it is to grant clearance outwards from a port of the ship in respect of which notice is given.

Notwithstanding anything contained in sections 84 to 93 of this Act, the Authority may recover by civil suit any dues, rates, expenses, costs or, in the case of sale, the balance thereof, when the proceeds of sale are insufficient.

(1) Subject to the provisions of this Part, the Authority may make regulations-
(a) for the levying of dues and rates for the purposes of sections 74, 80 and 83 of this Act;
(b) prescribing the conditions upon which any work or services in respect of which a rate is levied will be performed or provided by the Authority;
(c) prescribing the officer of the Authority to whom any return of information required by this Part shall be delivered and place of such delivery and the time within which it shall be made;
(d) prescribing the officer of the Authority to whom such dues or rates shall be paid, the place of payment and the time within which payment shall be made;
(e) providing for the exemption of any ship, or class of ship, passenger, animal or goods from all or any dues or rates or the remission thereof or any part thereof;
(f) prescribing anything required to be prescribed by this Part;
(g) generally for giving effect to the provisions of this Part.
(2) For the avoidance of doubt it is hereby declared that regulations made under this section may-
(a) prescribe different dues or rates for different ports;
(b) prescribe different dues or rates for different classes of ships, passengers, animals or goods;
(c) provide that the Authority may enter into a special agreement in respect of any matter referred to in section 83 of this Act instead of charging the rate in accordance with the rate prescribed by regulation.

The Authority shall keep at the office of the Authority in each port a book specifying the dues and rates for the time being in force and shall allow any person to inspect it free of charge at all reasonable times.

The provisions of this Part shall not apply to-(a) any ship belonging to any of the armed forces of the Federation or of the governments of the Federation or of any State;
(b) any ship belonging to a foreign government.

The provisions of this Part shall apply to goods which are the property of the Government.

(1) The Authority shall not be liable for the loss of life of, or personal injury to, any passenger, except where the loss of life, or personal injury is caused by want of ordinary care, diligence or skill on the part of the Authority or any of its servants.
(2) The Authority shall not in any circumstances be liable for the loss of life of, or personal injury to any passenger-
(a) who is travelling by special permission, whether verbal or written, in any part of a ship, vehicle, or train other than a part normally provided for the use of passengers;
(b) who is travelling on a free pass;
(c) who at the time such loss of life or injury occurred is being carried by any transport service other than one provided by the Authority or under the control of the Authority, and to avoid liability in accordance with the provisions of this subsection, it shall not be necessary for any notice to be given to such passenger of the conditions on which he travels and it shall be immaterial whether or not the passenger is an infant.
(3) The Authority shall not be liable for the loss of life or personal injury to any passenger who is carried by the Authority when the loss of life or injury occurs during carriage by ship and arose from-
(a) act of God;
(b) act of war or the enemies of the State;
(c) fire, or accident from machinery, boilers or steam;
(d) any peril or accident of the seas, inland waters, or navigation, of whatsoever nature or and and from whatsoever cause arising, but subject thereto and to any condition expressed in the contract of carriage, the Authority shall be liable for any such loss of life of personal injury which occurs during the carriage by ship to the extent to which they would be liable under the Merchant Shipping Act, as if the ship were registered under that Act and the Authority were the owner of that ship and not to any greater extent.
(4) Where the Authority seeks to avoid liability under the provisions of subsection (3) of this section the burden of proving that any such loss of life or injury occurred during the carriage by ship shall lie upon the Authority.
(5) For the purposes of this section, the expression "passenger" includes every person, other than a servant of the Authority on duty, lawfully travelling on any ship, vehicle or train owned or operated by the Authority.

The Authority shall not be liable for any loss arising from the delay to any passenger caused-(a) by the failure of any ship, vehicle or train to start on any Journey;
(b) by the late starting or late arrival of any ship, vehicle, or train; from whatsoever cause arising.

(1) Subject to the provisions of this Act, the Authority shall not be liable for any loss of or damage to goods carried by the Authority solely by ship, or partly by train or vehicle and partly by ship, where such loss or damage occurs during the carriage by ship and arose from-
(a) act of God;
(b) act of war or the enemies of the state;
(c) fire, or accident from machinery, boilers or steam;
(d) any peril or accident of the seas, inland waters or navigation, of whatsoever nature or kind and from whatsoever cause arising, but subject thereto and to the provisions of any Act or law relating to the carriage of goods by sea and to any conditions expressed in the contract of carriage, the Authority shall be liable for any such loss or damage which occurs during the carriage by ship to the extent to which they would be liable under the Merchant Shipping Act, as if the ship were registered under that Act and the Authority were the owner of that ship and not to any greater extent.
(2) Where the Authority seeks to avoid liability under the foregoing subsection, the burden of proving that any such loss or damage occurred during the carriage by ship shall lie upon the Authority.

The Authority shall not be liable for any loss arising from delay to, detention of, or deviation in the carriage of goods unless such delay, detention or deviation is caused by want of reasonable foresight and care on the part of the Authority or of any servant Provided that the Authority shall not in any circumstances be liable for any loss arising from delay to, detention of, or deviation in the carriage of goods-(a) where there has been fraud on the part of the consignors; or
(b) unless a document acknowledging the receipt of such goods for carriage by the Authority has been given; or
(c) which at the time when such delay, detention or deviation occurred were being carried by any transport service other than one provided by the Authority or under the-control of the Authority; or
(d) where there is a loss in a particular market whether held daily or at intervals; or
(e) where such delay, detention or deviation arises from;
(i) insufficient or improper packing,
(ii) riots, civil commotions, strikes, lock-outs, stoppage or restraint of labour from whatever cause, whether partial or general.

(1) The liability of the Authority in respect of any animal shall not in any case exceed-
(a) in the case of a horse, N100;
(b) in the case of any cattle, N10;
(c) in the case of any other animal, N2, unless at the time of acceptance of such animal by the Authority for carriage, the consignor or his agent declared that the value of the animal exceeded the appropriate amount and paid, or agreed to pay, such additional charge as may be prescribed in respect of such excess value, and the liability of the Authority shall not in any case exceed such declared value.
(2) In any proceedings against the Authority for the recovery of the sum in respect of any animal, the burden of proving the value of the animal, and where the animal has been injured the extent of the injury, shall be upon the claimant.
(3) The Authority may by order vary the provisions of paragraphs (a), (b) and (c) of subsection (1) of this section

Subject to the provisions of this Act or any contract, the Authority shall not be liable for the loss, misdelivery or detention of or damage to, goods-(a) delivered to, or in the custody of, the Authority otherwise than for the purpose of carriage;
(b) accepted by the Authority for carriage, where such loss, misdelivery, detention or damage occurs otherwise than when the goods are in transit, except when such loss, misdelivery, detention or damage is caused by want of reasonable foresight and care on the part of the Authority or any servant of the Authority:
Provided that,
(a) the Authority shall in no case be liable for such loss, misdelivery, detention or damage arising from-
(i) act of God,
(ii) act of war or the enemies of the State,
(iii) arrest or restraint by princes or rulers or seizure under any legal process,
(iv) act or order of the Government,
(v) act or omission of the consignor, consignee, or depositor, or of the servant or agent of any such person,
(vi) fire, flood, tempest, riots, civil commotions, strikes, lock-outs, stoppage or restraint of labour from whatever cause, whether partial or general,
(vii) inherent liability to wastage in bulk or weight, latent or inherent defect, vice or natural deterioration,
(viii) deficiency In the contents of unbroken packages,
(ix) insufficient or improper packing, or leakage from defective drums, containers or packages.

(1) Any liability of the Authority in relation to their duties in connection with pilotage under Part XI of this Act or any regulation made thereunder shall not, where without their actual fault or privity any loss or damage is caused to any ship or to any merchandise or other things whatsoever on board any ship or to any other property or rights of any kind, whether on land or on water or whether fixed or movable, be liable to damages beyond the amount of two hundred naira multiplied by the number of Authority and licensed pilots entitled to pilot ships in the pilotage district where the loss or damage occurred on the date when the loss or damage occurred.
(2) Nothing in this section shall be construed to impose a liability on the Authority for any loss or damage as aforesaid, where no liability would have existed but for this section.

The limitation of liability under section 105 of this Act shall relate to the whole of any loss or damage which may arise upon any one distinct occasion, although such loss and damage may be sustained by more than one person, and shall apply whether the liability arises at common law or under any Act or law, and notwithstanding anything contained in any such Act or law.

Where any liability is alleged to have been incurred by the Authority in respect of any loss or damage to which section 105 of this Act applies, and several claims are made or apprehended in respect of that liability, then the Authority may apply to the High Court concerned, and that court may determine the amount of the liability of the Authority, and may distribute that amount rateably among the several claimants, and may stay any proceedings pending in any other court in relation to the same matter, and may proceed in such manner and subject to such directions as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time and as to requiring security from the Authority and as to the payment of any costs, as the court thinks fit.

In a case where the Authority is entitled to limit its liability as the owner of a ship, the provisions of sections 105, 106 and 107 of this Act shall not apply to any loss or damage the liability for which can be so limited by the Authority.

(1) The grant or renewal of a licence to a pilot by the Authority, under the powers conferred upon the Authority by this Act, shall not impose any liability on the Authority for any loss occasioned by any act or default of the pilot.
(2) The Authority shall not be liable for any loss occasioned by any act or default of an Authority pilot.

(1) When any suit is commenced against the Authority or any servant of the Authority for any act done in pursuance or execution, or intended execution of any Act or law, or of any public duties or authority, or in respect of any alleged neglect or default in the execution of such Act, law, duty or authority, such suit shall not lie or be instituted in any court unless it is commenced within 12 months next after the act, neglect, or default complained of, or, in the case of a continuance of injury or damage, within twelve months next after the ceasing thereof.
(2) No suit shall be commenced against the Authority until one month at least after written notice of intention to commence the same shall have been served upon the Authority by the intending plaintiff or his agent. Such notice shall state the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims.

The notice referred to in section 110 of this Act and any summons, notice or document required or authorised to be served upon the Authority in connection with any suit by or against the Authority, shall be served by delivering the same to, or sending it by registered post addressed to the Chairman or the Secretary of the Authority.

In any action or suit against the Authority, no execution or attachment or process in the nature thereof shall be issued against the Authority, but any sums of money which may by the judgment of the court be awarded to the plaintiff shall be paid by the Authority from funds of the Authority.

A person connected with the direct working of the Authority shall not be removed under arrest when his immediate removal from duty might result in danger to life or goods, whether in execution of a warrant or otherwise, while actually engaged in the performance of his duties until the head of the department in which he is employed or the officer in immediate charge of the work in which such person is engaged has been given an opportunity of providing a substitute.

(1) In any suit pending before a court, the Authority may be represented in court at any stage of the proceedings by any servant of the Authority who shall, satisfy the court that he is duly authorised in writing by the Authority in that behalf.
(2) For the purposes of this Part-"suit" means a civil proceeding commenced by writ of summons or in such other manner as may be prescribed by rules of court and includes an action but not a criminal proceeding.

Any person who shall wilfully or negligently-(a) injure any lighthouse or any light exhibited therein or any buoy or beacon;
(b) remove or alter any lighthouse, buoy or beacon; or
(c) ride by, make fast to, or run foul of any lighthouse, buoy or beacon; shall be liable to a fine not exceeding N200 in addition to his liability to make good damage thereby occasioned.

(1) Whenever any fire or light is burned or exhibited at any place or in such manner as to be liable to be mistaken for a light proceeding from a lighthouse, buoy or beacon, the Authority may serve a notice upon the owner or occupier of the place where the fire or light is burned or exhibited, or on the person having the charge of the fire or light, directing the owner, occupier, or person, within a reasonable time to be specified in the notice, to take effectual means for extinguishing or effectually screening the fire or light and for preventing the same or any similar fire or light being burned or exhibited thereafter.
(2) The notice may be served either personally or by delivery of the same at the place of abode of the person to be served, or by affixing the same in some conspicuous spot near the fire or light to which the notice relates.
(3) Any owner or person, on whom a notice is served under this section, who fails, without reasonable cause, to comply with the directions contained in the notice, shall be liable for each offence to a fine not exceeding N200.
(4) If any owner or person on whom a notice under this section is served neglects, for a period of twenty-four hours to extinguish or effectually screen the fire or light mentioned in the notice, an authorised servant of the Authority, with workmen or other assistants, may enter upon the place where the fire or light is, and forthwith extinguish the same, doing no unnecessary damage, and may recover the expenses incurred by him in so doing from the owner or person on whom the notice has been served in the same manner as fines may be recovered under this Act.

Any person who wilfully obstructs any person in doing any of he acts authorised by sections 40, 41 and 116 of this Act shall be liable on conviction to a fine of N200 or to mprisonment for a term of 6 months or to both such fine and imprisonment.

(1) If any ship shall enter, leave or change her berth in any pilotage district in which pilotage has been made compulsory under this Act, not being in charge of a pilot authorised to pilot such ship, the pilotage dues which would have been paid if an Authority pilot had been employed shall nevertheless be paid together with a penalty of N40.
(2) The said dues and penalty shall be payable by the persons declared by this Act to be liable to pay the pilotage dues, and shall be recoverable before a court of competent jurisdiction.

Any pilot who, when in charge of a ship-(a) by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction or serious damage of such ship or tending immediately to endanger the life or limb of any person on board such ship; or
(b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from loss, destruction or serious damage, or preserving any person on board such ship from danger to life or limb, shall be guilty of an offence and liable on conviction to imprisonment or a term of 2 years.

Any person who holds himself out as a pilot authorised to pilot a ship in a pilotage district which he is not authorised to pilot under this Act, or pilots any ship in a pilotage district which he is not so authorised to pilot, shall be guilty of an offence and liable on conviction to a fine of N100.

Any master or owner of any ship, or any owner or consignor or consignee of any goods who, by any means whatsoever evades, or attempts to evade any of the dues or rates leviable under this Act, shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding 4 months or to a fine not exceeding N100 or to both such fine and imprisonment, and shall in addition be liable to pay to the Authority as penalty double the amount of the dues or rates he evaded or attempted to evade.

Any master of a ship who contravenes any of the provisions of section 75 or 76 of this Act shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding 4 months or to a fine not exceeding N100 or to both such fine and imprisonment.

Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim or other document which is requested or authorised to be made by or under the provisions of this Act, shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding 4 months or to a fine not exceeding N100 or to both such imprisonment and fine.

Any person who for the purpose of obtaining salvage, or for any other purpose, wilfully sets adrift, cuts, breaks or unfastens the moorings of any ship shall be guilty of an offence and liable on conviction to a fine not exceeding N100 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

Any person who wilfully sinks any ship in a port or in the approach thereto, without the permission in writing of the harbour master, shall, in addition to paying the expenses incurred by the Authority in removing such vessel, be guilty of an offence and be liable on conviction to a fine not exceeding N200.

Any servant of the Authority who, with intent to defraud, demands or receives from any person liable to pay any dues or rates imposed under the provisions of this Act in respect of any matter any greater or lesser amount than is authorised to be levied by the regulations for the time being in force in respect of that matter, shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding 12 months or a fine not exceeding N100 or to both such imprisonment and fine.

The servants of the Authority shall be deemed to be persons employed in the public service for the purpose of sections 98, 99 and 100 of the Criminal Code.

(1) If a servant of the Authority is in a state of intoxication while on duty, he shall be guilty of an offence.
(2) Any person convicted of an offence under subsection (1) of this section shall be liable-
(a) if the improper performance of his duty would be likely to endanger the safety of any person, to imprisonment for a period not exceeding one year or a fine not exceeding N100;
(b) in any case, to a fine not exceeding N10.

The provisions of-(a) the Nigeria Town and Country Planning Act
(b) the Lagos Town Planning Act;
(c) any other Act, or any law, relating to town or country planning;
(d) any Act or law regulating the construction, alteration, repair or demolition of uildings, shall not apply to any land for the time being vested in or in the possession of the Authority.

Notwithstanding the provisions of any Act or law, the wharves vested in or in the possession of the Authority shall rates under any Act or law in respect of such wharves:
Provided that the exemption conferred by this section shall not extend to any hereditaments or tenements situated on any wharves vested in or in the possession of the Authority.

Nothing in this Act shall be deemed to derogate from the powers conferred upon any person under the customs laws as defined in the Customs and Excise Management (Consolidation) Act.

Notwithstanding the provisions of any Act or law, the Minister shall prescribe the manner in which regulations, by-laws, rules or orders made by the Authority under the provisions of this Act shall be published, and such regulations, by-laws, rules or orders shall come into force on publication in the prescribed manner unless otherwise provided therein.

As from the commencement of this Part, the owner of every ship intending to enter any port in Nigeria for any purpose whatsoever shall, not later than two months before the departure of that ship for Nigeria, furnish to the Authority a statement in writing setting out the following matters, that is to say-(a) the name and physical particulars of the ship;
(b) the name of port or ports of sailing and estimated time of departure for Nigeria;
(c) the name of port or ports of discharge in Nigeria;
(d) the estimated date of arrival in Nigerian ports; and
(e) detailed information (including tonnage) in respect of the cargo carried in the ship.

The Authority shall, on the receipt of the statement referred to in section 133 of this Act, issue to the owner or agent of the owner of the ship a notice hereinafter referred to as an "entry notice" stating-(a) the port or ports in Nigeria to which the ship may proceed for any purpose;
(b) the date on which the ship may enter any port or approach to a port in Nigeria;
(c) the berth allocated to the ship in the port concerned and the period during which the ship may remain at such berth.

Except with the prior approval of the Authority, no ship shall enter any port or approach to any port in Nigeria except as may be permitted by and in accordance with the terms of an entry issued by the Authority in respect of that ship.

Notwithstanding anything contained in this Act, the Authority may, if satisfied that circumstances of the case so require, at any time alter the date allocated for the entry of any ship into any port or approach to a port in Nigeria and shall by such means as it may deem convenient notify the owner or agent of the owner of the ship of such alteration.

The Authority shall, from time to time, publish in the Federal Gazette and in such other manner as it may deem necessary the estimated date of arrival of any ship in Nigeria, the port allocated for that ship and the berth at which that ship may discharge cargo.

(1) If any ship-
(a) enters any port or any approach thereto without an entry notice having been issued by the Authority in respect of that ship; or
(b) enters any port or approach thereto otherwise than as permitted by the entry notice; or
(c) fails to leave any port or approach thereto or to leave any berth at the port when required to do so by the harbour master of the port, the master of that ship shall be guilty of an offence under this section and shall on conviction be sentenced to imprisonment for a term of two years without the option of a fine.
(2) Where an offence under subsection (1) of this section is part of the owner of that ship, the owner or agent of the owner shall be deemed to be guilty of the offence and shall on conviction-
(a) in the case of an individual, be sentenced to imprisonment for two years and a fine of N10,000 and a further fine of N10,000 for each day or part of a day during which the offence continues; and
(b) in the case of a body corporate be sentenced to a fine of N10,000 and a further fine of N10,000 for each day or part of a day during which the offence continues.
(3) Any offence under this Act shall, for the avoidance of doubt, be triable by the Federal High Court.