Nigerian Ports Authority Decree 1999

Nigerian Ports Authority Decree

No 38 of 1999

Laws of the Federation of Nigeria

Arrangement of Sections

Part I

Establishment, etc. of the Nigerian Ports Authority and its Governing Board

1.	Establishment of the Nigerian Ports Authority.	2.	Establishment and membership of the governing Board.	3.	Tenure of office etc
4.	Removal from office etc	5.	Emo1ument etc	6.	Disclosure of interest

Part II

Functions and Powers

Functions of the Authority.

Powers of the Authority.

Power to act through officer or agent, etc.

Part III

Staff

10.

Managing Director and Executive Directors of the Authority.

11.

Other staff of the Authority, etc.

12.

Service in the Authority to be pensionable.

Part IV

Financial Provisions

13.	Fund of the Authority.	14.	Reserve funds.	15.	Application of surplus revenue
16.	Power to borrow money and raise capital from non-Government sources.	17.	Power to borrow money from Government sources, etc.	18.	Power to borrow money temporarily.
19.	Investment of moneys.	20.	Annual estimates, accounts and audit.	21.	Annual report and periodical returns.
22.	Exemption from tax.	23.	Power to accept gifts.

Part V

Provisions Relating to Land

24.	Compulsory acquisition of land	25.	Restrictions on alienation of land	26.	Power to enter land to erect beacons and make surveys.
27.	Power to remove obstruction to visibility of lighthouses and beacons.	28.	When notice of entry on land to be given.	29.	Compensation for damages.

Part VI

Declaration of Ports

30.

Power to declare places, etc. as ports, their limits and approaches.

Part VII

Regulation of Ports

31.

Power to appoint harbour master.

32.

Power of Authority to make port regulations.

Part VIII

Regulation of Piers in Ports

33.	Restriction on the erection, etc. of piers.	34.	Licences for errection, etc. of piers.	35.	Cancellation of licence for breach of condition or contravention of regulation or public interest.
36.	Removal of piers.	37.	Regulations relating to piers.	38.	Application to the State.

Part IX

Regulation of the Wharves, etc of the Authority

39.

Authority to set apart customs area.

40.

Power of the Authority to make bye-laws for control, etc. of wharves.

Part X

Pilotage

41.	Minister may establish pilotage districts.	42.	Obligations where pilotage is compulsory.	43.	Power of Authority in relation to pilots.
44.	Establishment and membership of pilotage boards.	45.	Duties. of pilotage board	46.	Meetings of pilotage board.
47.	Inquiries into conduct of pilots.	48.	Power to take evidence on oath and summon witnesses.	49.	Misconduct of witnesses.
50.	Punishment of pilots by pilotage board.	51.	Appeal to Minister against decision of pilotage board.	52.	Revocation of pilot's licence by the Authority.
53.	Power of the Authority to make regulations for pilotage districts.	54.	Liability of the master or owner in the case of a ship under pilotage.	55.	Limitation of pilot's liability when bond is given.

Part XI

Dues and Rate

56.	Harbour dues and rates.	57.	Master to supply information on arrival.	58.	Master to supply information on proceeding outwards.
59.	Time of payment of harbour dues.	60.	Liability for payment of harbour dues and rates.	61.	Consignee or agent may retain harbour dues out of owner's moneys.
62.	Pilotage dues and fees.	63.	Liability for payment of dues.	64.	Consignee or agent may retain ships' dues out of owner's moneys.
65.	Levy of rates.	66.	Authority to have lien on goods.	67.	Lien for freight preserved after landing if notice given.
68.	Discharge of lien by payment or release	69.	Power of authority to sell if rates not paid or lien not discharged.	70.	Application of proceeds of sale.
71.	Power of Authority to make regulations for levy of dues.	72.	Power of entry to ascertain dues, etc.	73.	Weight and measuring of goods in case of dispute.
74.	Payment of expenses of weighting and measuring.	75.	Power to distrain or arrest ship, etc. for non-payment of dues and rates.	76.	Clearance to e withheld until dues or rates are paid.
77.	Authority may recover dues, rates, etc., by suit.	78.	Book specifying dues and rates to be kept at port.	79.	Exemptions from provisions of this Part.
80.	Application of this Part to Government goods.

Part XII

Liability of the Authority

81.	Liability of Authority for loss of life or injury passengers.	82.	No liability for delay to passengers.	83.	Liability for loss or damage to goods.
84.	Liability for delay of goods.	85.	Limitation of liability for loss of animals.	86.	Liability for loss of goods.
87.	Limitation of liability of the Authority in connection with pilotage.	88.	Limitation of liability where several claims on occasion.	89.	Power of court to consolidate claims.
90.	Liability in connection with pilotage when Authority ship owner.	91.	Licensing of pilots does not involve liability.

Part XIII

Legal Proceedings

92.	Legal proceedings.	93.	Service of documents.	94.	Restriction on execution against the property of the Authority.
95.	Stay of arrest. in certain cases.	96.	Representation of Authority at hearing of Suit.

Part XIV

Offences

97.	Damage to lighthouses, buoys and beacons.	98.	Power to prohibit false, lights etc.	99.	Penalty for obstructing authorised entry, etc.
100.	Penalty in respect of ship entering compulsory pilotage district without pilotage.	101.	Penalty on pilot endangering a ship.	102.	Penalty for illegal piloting.
103.	Evasion of dues and rates.	104.	Failure to comply with sections 57 and 58.	105.	False returns.
106.	Penalty for unlawfully loosing moorings.	107.	Wilfully sinking vessels.	108.	Demanding improper amounts.
109.	Application of sections 98, 99 and 100 of Code.	110.	Behaviour of employees of the Authority.

Part XV

Miscellaneous Provisions

111.	Exemption of Authority land.	112.	Rating.	113.	Saving of powers under customs laws.
114.	Supply of information before the departure of ship for Nigeria.	115.	Notice of permission to enter Nigerian ports, etc.	116.	Prohibition of entry into Nigeria of ships in certain cases.
117.	Alteration of allocation of ports, etc.	118.	Publication of information on movement of ship, etc.	119	Offences by master, etc. of ship.
120	Trial of offences.	121.	Bye-laws made by the Authority to be approved by Minister.	122.	Publication of bye-laws, etc.
123.	Existing ports deemed to be Federal ports.	124.	Directives by the Minister.	125.	Repeal of 1993 No.74 and savings, etc.
126.	Regulations.	127.	Interpretation.	128.	Citation.

Schedules

Schedule 1

Supplementary Provisions relating - to the Board, etc.

Schedule 2

Ports

Schedule 3

Assets vested in the Authority

Nigerian Ports Authority Decree

No 38 of 1999

Laws of the Federation of Nigeria

10th May 1999

The Federal Military Government hereby decrees as follows:-

Part I

Establishment, etc. of the Nigerian Ports Authority and its Governing Board

l. (1) There is hereby established an authority to be known as the Nigerian Ports Authority (in this Decree referred to as "the Authority").

(2) The Authority -

(a) shall be a body corporate with perpetual succession and a common seal; and

(b) may sue and be sued in its corporate name.

2. (1) There is hereby established for the Authority a the governing Board which shall consist of-

(a) a Chairman;

(b) one person to represent the Federal Ministry of Transport;

(d) the Managing Director of the Authority; and

(e) the Executive Directors of the Authority.

(2) The Chairman and members of the Board, other than ex-officio members, shall -

(a) be appointed by the Head of State, Commander-in-Chief of the Armed Forces on the recommendation of the Minister and

(b) be persons with proven integrity and with relevant cognitive experience.

(3) The Board shall have a Secretary who shall be the Head of the Legal Department of the Authority.

(4) The supplementary provisions set out in Schedule 1 to this Decree shall have' effect with respect to the proceedings of tic Board and the other matters contained therein.

3. The Chairman and other members of the Board other than ex-officio members -

(a) shall hold office for a period of 4 years on such term and conditions as may be specified in their letters of appointment; and

(b) may be re-appointed for one further period of 4 years

4. (1) Notwithstanding the provisions of section 3 of this Decree, a member may at any time be removed from office by the Head of State, Commander-in-Chief of the Armed Forces for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(2) A member of the Board may resign his appointment by a notice in writing under his hand, addressed to the Head of state Commander- in-Chief of the Armed Forces and that member on the date of the receipt of the notice by the Head of State Commander-in-Chief of the Armed Forces, cease to be a member of the Board.

5. A member of the Board shall be paid such emoluments, allowances and benefits as the Head of State, Commander-in-Chief of the Armed Forces may, from time to time, approve.

6. (1) A member of the Board who is directly or indirectly interested in any matter being deliberated on by the Board or is interested in any contract made or proposed to be made by Authority shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board.

(2) A disclosure under subsection (1) of this section shall be recorded in the minutes of meetings of the Board and the member shall -

(a) not, after the disclosure, take part in any deliberation or decision of the Board; and

(b) be excluded for the purpose of constituting a quorum of any meeting of the Board for any deliberation or decision,

with regard to the subject matter in respect of which his interest is so disclosed

Part II

Functions and Powers

7. The functions of the Authority shall be to –

(a) provide and operate, in the ports, such facilities as appear to it best calculated to serve the interest of Nigeria;

(b) maintain, improve and regulate the use of the ports;

(c) ensure the efficient management of port operations, optimal allocation and use of resources, diversification of sources of revenue and guaranteeing adequate returns on its investments in order to contribute effectively to the well-being of the Nigerian society;

(d) provide, for the approaches to all ports and the territorial waters of Nigeria, such pilotage services and lights, marks and other navigational services and aids, including cleaning, deepening and improving of all waterways;

(e) provide facilities for -

(i) berthing, towing, mooring, moving or dry-docking of ships in entering or leaving a port or its approaches,

(ii) the loading and unloading of goods or embarking or disembarking of passengers in or from a ship,

(iii) the lighterage or the sorting, weighing, warehousing and handling of goods, and

(iv) for the carriage of passengers or goods;

(f) manage, supervise and control or take part in management, supervision or control of any company undertaking in which the Authority is interested by of share holding or otherwise and for that purpose appou and remunerate directors, accountants, other experts agents;

(g) provide and use appliances for the towage or protection or salvage of life and property or for the prevention of fli within Nigeria and on vessels on the high seas;

(h) supply water to shipping vessels;

(i) control pollution arising from oil or any other from ships using the port limits or their approaches;

(j) provide and operate such other services as the may, from time to time, require; and

(k) carry out such other activities which are connected or incidental to its other functions under this Decree.

8. (1) The Authority shall have power to –

(a) construct, execute, carry out, equip, improve, work and develop ports, docks, harbours, piers, wharves, water courses, embankment and jetties;

(b) invest and deal with the monies of the A immediately required on such securities investments and manner as may, from time, be expedient;

(c) erect, construct, lay down, enlarge, maintain and alter any building, erection and work which may seem directly or indirectly necessary or convenient for any of its purposes;

(d) act as consultants and advisers in relation to ports and port operations in Nigeria or in any part of the world;

(e) carry on the business of carrier by land or sea, stevedore, wharfinger, warehouseman or lighterman or any other business desirable for the functions of the Authority;

(f) acquire any undertaking of any registered business that affords facilities for the loading, unloading or warehousing of any goods in any port in Nigeria;

(g) appoint, license and manage pilots of vessels;

(h) insure all goods and consignments that are in the custody of the Authority;

(i) control the erection and use of wharves in any port or approaches;

(j) buy any property, and sell, let, lease or otherwise of any property which appears to the Authority to be unnecessary for its purposes;

(k) enter into agreement with any person for the supply, manufacture, maintenance or repair by that person of any property, movable or immovable necessary purposes of the Authority;

(l) enter into agreement with any person for the operation provision of any of the port facilities which may be

or provided by the Authority;

(m) provide, appoint, license and regulate weighers and for measuring goods in any port in Nigeria;

(n) reclaim, excavate, enclose, raise or develop any of the lands acquired by or vested in the Authority;

(o) win sand from the ports and their approaches for such purposes as it may deem fit;

(p) do anything for the purpose of advancing -

(i) the skills of persons employed by the Author or

(ii) the efficiency of the equipment of the Authority or of the manner in which that equipment operated,

including the provision by others of the facilities for training, education and research;

(q) provide residential accommodation, houses, hostels other like accommodation for its deserving employee terms and conditions to be determined, from time to time, by the Authority in order to promote the welfare of employees;

(r) purchase, take on lease or in exchange or otherwise, acquire, hold, manage, work , develop the resources C turn to account, any estate, land, building, tenement, other real property of any description, including lease or other tenure and wheresoever situate and any interest therein and any right connected therewith, and in part~ to acquire or take over estates situate in Nigeria;

(s) grant loans to its deserving and needy employees purposes specifically approved by the Authority on terms and conditions to be determined by the Authority its discretion and in such a manner as is likely to IL ~the effectiveness of such employees in their service Authority or otherwise for the purpose of the function of the Authority;

(t) provide loans to any of its employees for the purpose of-

(i) building a house,

(ii) purchasing a plot of land on which to build a house, and

(iii) purchasing a house for the employees' use or for the residential use of the employees' family,

on such terms and conditions to be determined by the Authority at its discretion;

(u) fabricate and repair vessels, engines, boilers and all items being used in vessels;

(v) carry on the business of ship builders, engineers and manufacturers of machinery;

(w) purchase or otherwise acquire, take on lease, construct, maintain, work and use wet and dry docks, ships, quays, wharves, piers, warehouses, buildings, yards and every kind of property, structure, appliance and anything necessary for equipping, salvaging and assisting ships;

(x) form, establish or incorporate subsidiaries or affiliate companies, whether wholly or jointly with other persons or organisations for the purpose of carrying out any of the functions of the Authority; and

(y) do such other things as are necessary for the successful performance of its functions under this Decree.

9. The Authority may perform or exercise any of its functions or powers under this Decree, other than the power to regulations, through an officer or agent of the Authority or any other person authorised by the Authority in that behalf.

Part III

Staff

10. (l) There shall be, for the Authority, a Managing Director to be appointed by the Head of State, Commander-in- Chief of the Armed 'Forces.

(2) The Managing Director -

(a) shall hold office for a period of 5 years on such terms and conditions as may be specified in his letter of appointment; and

(b) may be re-appointed for a further period of 5 years.

(3) The Managing Director shall be the chief executive d the Authority and be responsible -

(a) for the execution of the policy and the day-to-day; administration of the Authority;

(b) for the direction, supervision and control of all other employees of the Authority and, subject to such restriction as the Board may impose, for disposing of all question relating to the service of the employees, their pay, allowances and privileges;

(4) The Head of State, Commander-in-Chief of the Forces shall appoint for the Authority 3 Executive Directors assist the Managing Director in the performance of his fun under this Decree.

(5) An Executive Director -

(a) shall hold office for a period of 4 years on such and conditions as may be specified in his letter appointment;

(b) may be re-appointed for a further period of 3; and

11. (1) The Authority shall appoint such other persons as employees as it may deem necessary for the efficient performance 6f its functions under Or pursuant to this Decree and shall have power. to pay persons so employed such remuneration (including allowances) as the Authority may, from time to time, determine.

(2) The Authority may, with the approval of the Minister, make regulations generally relating to the conditions of service of employees 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, the employees;

(b) appeals by the employees against dismissal or other disciplinary measures;

(c) the grant of pensions, gratuities and other retiring allowances to the employees and their dependants, and the grant of gratuities to the estates or dependants of deceased employees of the Authority;

(d) the establishment and maintenance of medical benefit funds, superannuation funds and provident funds, and the contributions payable to and the benefits receivable from those funds.

12. (1) Service in the Authority shall be approved service for the purpose of the Pensions Act, and accordingly, an officer and other persons employed in the Authority shall in respect of their service in the Authority be entitled to pensions, gratuities and other retirement benefits as are prescribed under that Act.

(2) Nothing in this section 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 under the Act by the Minister or other authority of the Federal government (not being the power to make regulations under section 23 thereof) is hereby vested in the Board 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 this section to any have effect as if the office were in the civil service of Federation within the meaning of the Constitution of the Federal Republic of Nigeria.

Part IV

Financial Provisions

13. The Authority shall maintain a fund which shall consist of -

(a) all sums collected as charges, levies and fees under this Decree;

(b) all other sums collected or received by the for services rendered by the Authority;

(d) such other sums as may be received by the Authority from other sources;

(e) all other assets which may, from time to time, be vested in or accrue to the Authority in the course of discharging its functions under or pursuant to this Decree.

14. (1) Without prejudice to the power of the Authority to set aside from its revenue appropriate amounts for contingencies and other purposes, the Authority shall establish maintain a general reserve fund and such other reserve funds as the Minister may, from time to time, approve.

(2) The management of the reserve funds, the amount to be credited to and charges to be made against the reserve funds and any other application of the moneys comprised in the reserve shall be as the Authority may, with the approval of the Minister determine.

15. Any excess of the Authority's revenues for any year over its outgoings and charges for that year shall be applied for such purposes as the Authority may determine but no part of the excess shall be applied otherwise than for the purposes of the Authority.

16. (1) The Authority may, with the approval of the Minister, 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 documents of title for all or any of the following purposes, that is-

(a) the performance of its functions under this Decree;

(b) the provision of its 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; and

(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 moneys borrowed or capital raised under this section.

(3) The payment of interest on and the repayment or redemption of any money borrowed or capital raised under this Decree shall have priority over the payment of interest on any money borrowed or capital raised from the Government under section 17 of this Decree.

(4) 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, shall, accordingly, be deemed to

money borrowed or capital raised, under this section.

(5) Money owed by the Authority under an arrange which the money is allowed to remain unpaid for a period than one year shall be deemed to be money borrowed under this section.

17. The Authority may borrow money, other than borrowed by the Government for the exclusive purpose mentioned in section 16(4) of this Decree, or raise capital from Government in such manner and on such terms and conditions as the Minister may approve for all or any of the purposes me in section 16(1) of this Decree.

18. (1) The Authority may, with the approval of or general authority given by the Minister, borrow temporarily, by loan, overdraft or otherwise, such sums, repayable on demand or within one year after the date of borrowing, as the Authority require for meeting its obligations and discharging its functions under this Decree.

(2) The sums specified under subsection (1) of this section may be borrowed from the Government or from any other person on such terms and conditions as may be approved by the Minister

19. The Authority may invest all or any part of its moneys in such manner as may be approved by the Minister.

20. (1) The Board shall cause to be prepared, not later than 30th September in each year, an estimate of the expenditure and income of the Authority during the next succeeding year and prepared, they shall be submitted through the Minister, Federal Executive Council for approval.

(2) The Board shall cause to be kept proper accounts of the Authority and proper records in relation thereto and when certified by the Board, the accounts shall be audited by auditors appointed by the Authority from the list and in accordance with guidelines supplied by the Auditor-General of the Federation.

21. (1) The Authority shall, not later than 6 months after the end of each year, submit to the Minister a report activities of the Authority during that year.

(2) The report shall be prepared in such form, contain such particulars and compiled in such manner as the Minister may, after consultation with the Authority, from time to time, direct.

22. (1) The Authority shall be exempted from the payment of income tax on any income accruing from investments made by the Authority or otherwise howsoever.

(2) The provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Authority.

23. (1) The Authority may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift.

(2) The Authority shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Authority under this Decree.

Part V

Provisions Relating to Land

24. (1) When there is any hindrance to the acquisition by the Authority of any land or building required for carrying into effect any of the provisions of this Decree, the Head of state, Commander-in-Chief of the Armed Forces may -

(a) on the application of the Authority and after such inquiry as he may think fit, declare that the land or building is required for the services of the Authority; and

(b) direct that action be taken under the provisions of the Land Use Act for acquiring the land or building for the Federal Government or, as the case may require, for revoking any rights thereto, and for determining the compensation to be paid to the parties interested.

(2) On the making of a declaration under subsection (1) of Section, 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.

(3) When a land or building has been acquired or the rights to it has been revoked as provided in this section, the Head State, Commander-in-Chief of the Armed Forces may -

(a) vest the land or building in the Authority by means of a certificate under the hand and seal of the Chief F Lands Officer to the effect that the land or building been made over to the Authority; or

(b) as the case may require, direct that a right of occupancy in respect of the land or building be granted to Authority

(4) The compensation, if any, for an acquisition or revocation, as the case may be, under this section shall in the instance be paid by the Federal Government, but the Authority shall refund to the Federal Government any compensation so paid and all incidental expenses incurred by the Federal Government

(5) All authorities within Nigeria shall give effect to direction given by the Head of State, Commander-in-Chief Armed Forces in accordance with the provisions of this

(6) The Authority may use the land or building under this section for any purpose connected with its function under this Decree.

25. (l) The Authority shall not, without the approval in writing of the Head of State, Commander-in-Chief of the Forces, alienate, rnortgage, charge or lease any property which has been vested in the Authority or in respect which a right of occupancy has been granted to the Authority

(2) Notwithstanding the provisions of subsection (1) of this section, the Authority may alienate, charge or mortgage any immovable property for a period not exceeding five terminate, revoke or release any mortgage of, charge on or lease of any immovable property vested in it.

26. The Authority may, by its employees or agents, together with all necessary workmen -

(a) enter and remain 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;

(b) erect and maintain any beacon, buoy or mooring on or in any land, swamp,. embankment, wharf, or the shore or bed of any tidal or other waters, and alter or remove any beacon, buoy or mooring, but no beacon, buoy or mooring shall be so placed on any road as to hinder or interfere with free passage along the road; and

(c) for the purposes of its functions, survey and take levels of any land, and cut and remove all trees and underwood which may interfere with the survey.

27. An authorised employee of the Authority may, with all assistance where required, 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.

28. The Authority shall,, when practicable, give notice to occupier of any land on which it intends to enter in exercise of any of ,the powers conferred by sections 26 and 27 of this Decree and shall inform the appropriate authority in the State in which the is situate or the Federal Capital Development Authority, if the land is situate in the Federal Capital Territory, Abuja, of its intention.

29. (l) In the exercise of any of the powers conferred on Authority by sections 26 and 27 of this Decree, the Authority do no more damage than' is necessary, and compensation shall be paid by the Authority for any damage done to any crop or economic tree but not otherwise.

(2) Any dispute as to the amount of compensation payable subsection (1) of this section shall be determined by the High Court exercising jurisdiction in the place where the land is situate.

Part VI

Declarations of Ports

30. (1) The Minister may, by order -

(a) declare any place in Nigeria and any navigable channel leading into that place to be a port within the meaning this Decree;

(b) specify the limits of any place declared as a port accordance with paragraph (a) of this subsection;

(2) The places specified in Schedule 2 to this Decree -be deemed to be ports, and the limits of those ports shall, until other provision is made in accordance with paragraph (b) of subsection (1) of this section, be the limits declared and in force immediately before the commencement of this Decree, including

(a) all ocean beaches within 100 metres of the level;

(b) the water ways, creeks and swamp-land below the highest astronomical tide level and all beacons, piers, jetties, slipways, quays and other works extending beyond the natural line of the line of the high water level.

Part VII

Regulation of Ports

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