National Inland Waterways Act

No 13 of 1997

Laws of the Federation of Nigeria

Arrangement of Sections

Part I 

 Establishment of the National Inland Waterways Authority

Part II

Functions and powers

Part III

Declaration of Navigable Waterways

Part IV

 Staff of the Authority

Part V

Financial provisions

Part VI

Miscellaneous

Schedules

First Schedule

Supplementary provisions relating to the Authority

Second Schedule

Federal navigable waterways

Third Schedule

River ports whose approaches are exempted from the control of the Authority

Fourth Schedule

Assets of the Department vested in the Authority

National Inland Waterways Act

No 13 of 1997

Laws of the Federation of Nigeria

An Act to establish the National Inland Waterways Authority with responsibility, among other things, to improve and develop inland waterways for Navigation.

1^st January 1996

Part I

Establishment of the National Inland Waterways Authority

1.         (1)       There is hereby established a body to be known as the National Inland Waterways Authority (in this Act referred to as "the Authority").

(2)        The Authority shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name.

2.         The objectives of the Authority shall be to—  

(a)        improve and develop inland waterways for navigation:

(b)        provide an alternative mode of transportation for the evacuation of economic goods and       persons: and

(c)        execute the objectives of the national transport policy as they concern inland waterways.

3.         (1)              There is hereby established for the Authority, a Governing Board (in this Act re­ferred to as "the Board") which shall conduct the affairs of the Authority.

(2)        The Board shall consist of—

(a)       a chairman who shall he appointed by the President on the recommendation of the Minister;

(b)       the Managing Director of the Authority:

(c)        one representative of the Federal Ministry of Transport;

(d)       one representative of the National Planning Commission:

(e)        one representative of the Federal Ministry of Water Resources; and

(f)        one representative of each of the following bodies to he appointed by the Min­ister

(i)         the Council for the Regulation of Engineering Profession in Nigeria:

(ii)        the Surveyors Council of Nigeria:

(iii)       the Master Mariners;

(iv)       the Nigerian Association of Chambers of Commerce. Industry. Mines and Agriculture;

(g)        one representative of the Nigerian Ports Authority; and

(h)       one person to represent public interest to be appointed by the Minister.

(3)       The supplementary provisions contained in the First Schedule to this Act shall have effect with respect to the proceedings of the Board and the other mailers mentioned therein.

4.         (1)        Subject to the provisions of this Act, a person appointed to he a member of the Board, not being a public officer, shall hold office for a period of three years from the date of his appointment and shall he eligible for re-appointment for one further period of three years.

(2)        Any member, not being a public officer, may resign his appointment by a resigna­tion letter addressed to the Minister.

5.         Members of the Board shall be paid such remuneration and allowances, with the ap­proval of the

Minister, as are in line with similar Government statutory bodies.

6.         Where

(a)        it appears to the Minister that a member of the Board should he removed from office on grounds of misconduct or inability to perform the functions of his of­fice;

(b)        the Minister is satisfied that the continued presence on the Board of any mem­ber is not in the national interest or interest of the Authority,

the Minister shall make a recommendation to that effect to the President which if approved shall empower the Minister to declare, in writing, the office of that member vacant.

7.         (1)              There shall be four ordinary Board meetings in one calendar year.

(2)        Without prejudice to section 6 of this Act any member who is absent from two consecutive ordinary meetings of the Board shall file his explanation in writing with the secretary for consideration by the Board and where the explanation is unacceptable to the Board the Board may recommend to the Minister that the member be removed, and the Minister may declare, in writing, such a removal.

Part II

Functions and powers

8.         It shall be the functions of the Authority to

(a)        provide regulations for inland navigation;

(b)        ensure the development of infrastructural facilities for a national inland water­ways network connecting the creeks and the rivers with the economic centers using the river-ports as nodal points for intermodel exchange; and

(c)        ensure the development of indigenous technical and managerial skill to meet the challenges of modern inland waterways transportation.

9.         Other functions and powers of the Authority shall be to:

(a)        undertake capital and maintenance dredging;

(b)        undertake hydrological and hydrographic surveys:

(c)        design ferry routes:

(d)        survey, remove, and receive derelicts, wrecks and other obstructions from in land    waterways;

(e)        operate ferry services within the inland waterways system;

(f)        undertake installation and maintenance of lights, buoys and all navigational aids along water channels and banks;

(g)        issue and control licences for inland navigation, piers, jellies, dockyards;

(h)        examine and survey inland water crafts and shipyard operators;

(i)         grant permit and licences for sand dredging, pipeline construction, dredging of slots and crossing of waterways by utility lines, water intake, rock blasting and removal;

(j)         grant licences to private inland waterway operators;

(k)        approve designs and construction of inland river crafts;

(l)         approve and control all

(i)   jetties, dockyards, piers within the inland waterways;

(ii)  advertising within the right-of-way of the waterways:

(m)      reclaim land within the right-of-way;

(n)        undertake the construction, administration and maintenance of inland river-ports and jetties;

(o)        provide hydraulic structures for river and dams, bed and bank stabilisation, barrages, groynes;

(p)        collect river lolls;

(q)        undertake the production, publication and broadcasting of navigational publi­cations, bulletins and notices, hydrological year hooks, river charts and river maps;

(r)         carry out consultancy and contractual services;

(s)        represent the Government of Nigeria at national and international commissions that deal with navigation and inland water transportation;

(t)         subject to the provisions of the Environmental Impact Assessment Act, carry out environmental impact assessment of navigation and other dredging activi­ties within the inland water and its right-of-ways;

(u)        undertake erection and maintenance of gauges, kilometre boards, horizontal and vertical control marks;

(v)        advise government on all border mailers that relate to the inland waters;

(w)       undertake acquisition, leasing and hiring of properties;

(x)        run cruise boats;

(y)        carry out boat repairs, boat construction and dockyard services; and

(z)        clear water hyacinth and other aquatic weeds.

Part III

 Declaration of navigable waterways, etc.

10.       The rivers and their tributaries, distributaries, creeks, lakes, lagoons and intra-coastal waterways specified in the Second Schedule to this Act are hereby declared Federal navig­able waterways.

11.       All navigable waterways, inland waterways, river-ports and internal waters of Nigeria, excluding all direct approaches to the ports listed in the Third Schedule to this Act and all other waters declared to be approaches to ports under or pursuant to the Nigerian Ports Authority Act, up to 250 metres beyond the upstream edge of the quay of such ports, shall be under the exclusive management, direction and control of the Authority.

12.       (1)              Subject to the provisions of the Lands (Title Vesting, etc.) Act, the right of land usage for improvement of navigability and provision of infrastructure shall cover areas on both

banks of the waterways which would he submerged in a flood of 100 years return period.

(2)        In case of waterways with steep banks where such flood have no overbank flow, the right of way shall include the areas of land along the waterway measured 100 metres perpendicular from the edge of the channel.

13.      (1)         Notwithstanding the provisions of the Land Use Act or any other enactment, but subject to the provisions of the Lands (Title Vesting, etc.) Act. the Authority shall have right to all land within the right-of-way of declared waterways and shall use such land in the interest of navigation.

(2)              No person including a State shall

(a)       obstruct a declared waterway, take sand, gravel or stone from any declared waterway; or

(b)       erect permanent structures within the right-of-way or divert water from a de­clared waterway;

(c)        carry out any of the activities as specified in section  9 of this Act.

without the written consent, approval or permission of the Authority.

Part IV

 Staff of the Authority

14.       (1)       There shall be for the Authority a Managing Director who shall be

(a)       appointed by the President:

(b)       the Chief Executive of the Authority.

(2)        The Managing Director shall he responsible for

(a)       the execution of the policies of the Authority: and

(b)       the day-to-day running of the affairs of the Authority.

(3)        Subject to the provisions of this Act. a person appointed to be the Managing Di­rector of the Authority, shall hold office for a period of four years from the date of his appointment and may be eligible for re-appointment for a further four -year period.

(4)        The Managing Director may be removed by the President on grounds of miscon­duct or inability to perform the functions of his office.

15.       (1)       The Authority shall appoint a secretary to the Authority who

(a)       shall keep records as well as conduct the correspondence of the Authority: and

(b)       perform such other duties as the Board or the Managing Director may. from time to time, direct.

(2)        The Authority may appoint such other staff and agents as it deems necessary for the efficient performance of its duties under this Act.

16.       (1)      The Authority may. with the approval of the Minister, make rules relating gener­ally to the conditions of service of the officers and other employees of the Authority, and without prejudice to the generality of the foregoing, the rules may provide for

(a)       the appointment and disciplinary control of all employers of the Authority, and

(b)       appeals by such employees against dismissal or other disciplinary measures.

(2)        Rules made under subsection (I) of this section need not be published in the Gazette but the Authority shall bring them to the notice of all affected persons in such manner as it may, from time to time, determine.

17.       (1)       It is hereby declared that service in the employment of the Authority shall be an approved service under the Pensions Act. and accordingly, employees of the Authority shall, in respect of their services, be entitled to pensions, gratuities and other retirement benefits as are prescribed thereunder.

 (2)       Notwithstanding the provisions of subsection (1) of this section, nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension and gratuity in respect of that office.

(3)        For the purposes of the application of the Pensions Act, any power exercisable thereunder by the Minister or authority other than the Federal Government (not being the power to make regulations under section 23 thereof) is hereby vested in and shall be exer­cisable by the Authority and not by any other person or authority.

(4)        Subject to subsection (2) of this section, the Pensions Act shall, in its application by virtue of subsection (3) of this section to any office, have effect as if the office were in the public service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria 1999.

Part v

Financial provisions

18.       The Authority shall establish a fund which shall consist of

(a)        take-off grants provided to it by the Government for the running expenses' of the Authority;

(b)        such sums as may be collected or received by the Authority by way of dues, rates and taxes; and

(c)        such sums as may be collected or received by the Authority from other sources either in respect of any property vested in the Authority or otherwise howso­ever.

19.       The Authority shall have the power to invest its funds, and maintain a general reserve.

20.       (1)The Authority may, with the approval of the Minister, from time to time, borrow such sums as it may require in the exercise of its functions under this Act.

(2)        The Authority shall not, without the approval of the Minister, borrow any sum of money.

21.       (1)The Authority shall submit to the Minister, not later than 30 September in each year, an estimate of its expenditure and income during the next succeeding year.

(2)        The Authority shall keep proper accounts and shall prepare in respect of each year a statement of audited accounts in such form as the Minister may direct.

(3)        The Authority shall as soon as is possible after the end of the year to which the accounts relate cause its accounts to be audited by qualified auditors appointed by the Authority from the list and in accordance with the guidelines supplied by the Auditor General for the Federation.

(4)        The auditors shall on completion of the audit of the accounts of the Authority for each year prepare and submit to the Authority the following two reports that is to say

(a)       a general report setting out the observations and recommendations of the audi­tors on the financial affairs of the Authority generally for that year and on any important matters which the auditors may consider necessary to bring to the notice of the Authority: and

(b)       a detailed report containing the observations and recommendations of the auditors on all aspects of the operations of the Authority for the year.

22.       The Authority shall prepare and submit to the President, through the Minister, not later than 30 June in each year a report in such form as may be directed on the activities of the Authority during the immediately preceding year, and shall include in such report a copy of the audited account of the Authority for that year and the auditor's report thereon.

Part VI

Miscellaneous

23.       (1)       Subject to the provisions of the Lands (Title Vesting, etc.) Act and the Nigerian Ports Authority Act any person who wilfully or negligently and without the consent of the Authority—

(a)       uses the area of land along the waterfront measured 100 metres perpendicular from the edge of both banks;

(b)       obstructs the waterways with rafts, nets. logs, cask of oil, dredgers, barges, pipelines, pylons, bridges:

(c)        takes sand, gravel or stone from the waterways either In manual, hydraulic or mechanical means;