NATIONAL INLAND WATERWAYS ACT
Arrangement of Sections
Part I: Establishment of the National Inland Waterways Authority
1. | Establishment of the National Inland Waterways Authority | 2. | Objectives of the Authority | 3. | Establishment and composition of the Board of the Authority |
4. | Tenure of office of members of the Board | 5. | Remuneration. | 6. | Termination of Board membership |
7. | Frequency of Board attendance |
Part II: Functions and powers
8. | General functions of the Authority | 9. | Other functions and powers of the Authority |
Part III: Declaration of Navigable Waterways
10. | Declaration of navigable waterways | 11. | Area under control of the Authority | 12. | Right to land use for navigable purposes including right of way |
13. | Right to land within right of way. |
Part IV: Staff of the Authority
14. | Appointment, etc. of the Managing Director | 15. | Appointment of secretary and other staff of the Authority | 16. | Conditions of service of staff. |
17. | Application of Pensions Act. |
Part V: Financial provisions
18. | Fund of the Authority. | 19. | Surplus funds. | 20. | Borrowing power. |
21. | Annual estimates, accounts and audit. | 22. | Annual reports. |
Part VI: Miscellaneous
23. | Offences and penalties | 24. | Power to own land. | 25. | Power to accept gifts. |
26. | Time limitation of suits against the Authority. | 27. | Dissolution of Inland Waterways Department and transfer of assets and liability | 28. | Power to make regulations |
29. | Interpretation. | 30. | Short title |
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
This is an Act to establish the National Inland Waterways Authority with responsibility, among other things, to improve and develop inland waterways for Navigation.
[Commencement] [1st January 1996]
Part I: Establishment of the National Inland Waterways 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.
(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.
(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.
(2) Any member, not being a public officer, may resign his appointment by a resignation letter addressed to the Minister.
Minister, as are in line with similar Government statutory bodies.
(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.
(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
(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 centres using the river-ports as nodal points for inter-model exchange; and
(c) ensure the development of indigenous technical and managerial skill to meet the challenges of modern inland waterways transportation.
(a) undertake capital and maintenance dredging;
(b) undertake hydrological and hydrographical 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,
(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
(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.
(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
(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.
(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.
(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.
(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 there-under 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
(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.
(2) The Authority shall not, without the approval of the Minister, borrow any sum of money.
(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.
Part VI: Miscellaneous
(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;
(d) erects or operates permanent structures of any kind such as gauges, jetties, piers, wharves, slipway, floating or mobile dry-docks within the waterways:
(e) diverts water from the waterways either through suction or canalisation methods;
(f) performs hydrographical surveys, seismic surveys, drilling, blasting, underwater engineering works within the waterways;
(g) erects pylon, electricity and telephone or telegraphic cables within or across the right-of-way of the waterways;
(h) operates river crafts within inland waterways; and
(i) damages or tampers with the structures of the Authority, including gauges, buoys, kilometre boards, navigation aids, horizontal and vertical control marks, is guilty of an offence under this Act.
(2) A person who is guilty of an offence under subsection (I) of this section is liable on conviction to a fine not exceeding N50,000 or to imprisonment for a period of six months or to both such fine and imprisonment and, in the case of a continuing offence, to an additional fine of N100 for every day or part of a day that the offence continues.
(3) With respect to subsection (1) paragraph (c) of this section, the offender shall pay 100 per cent of the prevailing market price of the sand dredged, or forfeit the sand dredged on failure to pay fine.
(4) Where an offence under this Act has been committed by a body corporate or firm or association of individuals, it shall be liable upon conviction to a fine of N200,000 and in the case of a continuing offence, to an additional fine of N 1,000 for every day or part of a day that the offence continues.
(2) The Authority shall not accept any gift if the conditions attached by the person or organization making the gift are inconsistent with the objectives and functions of the Authority.
(2) Every member, agent, auditor or staff for the time being of the Authority shall be indemnified out of the assets of the Authority against any liability incurred by him in defending any proceeding whether civil or criminal, in which judgment is given in his favour or in which he is acquitted, if any such proceeding is brought against him in his capacity as such member, agent, auditor or staff as aforesaid.
(3) 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 against the Authority shall, subject to any directions given by the court where notice of appeal has been given by the Authority in respect of the said judgment be paid by the Authority from the funds of the Authority.
(2) By virtue of this Act. there shall be vested in the Authority immediately at the commencement of this Act. without further assurance, all assets, funds, resources and other moveable or immovable property which immediately before the commencement of this Act were vested in the Department.
(3) As from the commencement of this Act
(a) all rights, interests, obligations and liabilities of the Department existing immediately before the commencement of this Act under any contract or instrument or at law or in equity shall by virtue of this Act he assigned to and he vested in the Authority;
(b) in addition to the assets, rights and interests vested in the Authority under this paragraph, the assets described in the Fourth Schedule to this Act shall be vested in the Authority by virtue of this Act and without further assurance;
(c) any contract or instrument as mentioned in sub-paragraph (a) of this paragraph shall be of the same force and effect against or in favour of the Authority and shall be enforceable as fully and effectively as if instead of the Department, the Authority had been named therein or had been a party thereto.
(4) Any proceeding or cause of action pending or existing immediately before the commencement of this Act by or against the Department in respect of any rights, interest, obligation or liability of the Department may be commenced, continued or enforced by or against the Authority as if this Act had not been made.
(5) Notwithstanding the provisions of this Act but subject to such directives as may be issued by the Authority, any person who immediately before the commencement of this Act held office in the Department shall be deemed to have been transferred to the Authority, on terms and conditions not less favourable than those obtaining immediately before the commencement of this Act; and service under the Department shall he deemed to be service under the Authority for purposes of pension.
(6) Any licence, permit or other approved issued or granted or deemed to be issued or granted by the Department shall during its duration he deemed for all purposes to be granted by the Authority under this Act.
(7) The Minister may within twelve months alter the commencement of this Act. by order published in the Gazette make additional transitional or saving provisions for the better carrying out of the objectives of this section.
(a) use of warehouses:
(b) sale of sand;
(c) ground rents;
(d) sale of hydrological year book;
(e) sale of hydrological data;
(f) sale of hydrological charts and river maps;
(g) sand search;
(h) dredging permit;
(i) piers licences;
(j) examination fees;
(k) re-certification fees;
(l) operators licences;
(m) survey fees for river crafts;
(n) slipway and dockyard services;
(o) utilities rates within dockyard and river ports:
(p) river guide dues and rates;
(q) harbour dues and rates;-
(r) property rents;
(s) boat licences;
(t) berthing fees;
(u) ferry fares and tariffs.
(2) Subject to this Act, the Authority may, with the approval of the Minister also make regulations generally for the regulation of users of navigable waterways and such other regulations as appear to him to be expedient for giving full effect to the provisions of this Act.
“Authority” means the National Inland Waterways Authority established under section 1 of this Act;
“Baseline” means the low water mark along the coast of Nigeria;
“Department” means the Inland Waterways Department of the Federal Ministry of Transport;
“Dues” include river craft dues and harbour dues;
“Internal water” means all waters on the landward side of the baseline of the territorial sea;
“Inland waterways” includes all waterways, river, creeks, lakes, tidelands. lagoons below the low water baseline;
“Jetty” means a jetty, pier, wharf of whatever description, including a jetty used as a floating dock, stationary or mobile dock, wharf or pier erected or extending beyond high water mark or ordinary spring tide, and pontoon moored within the inland water system used as a jetty, wharf or pier as well as those extended into water of any navigable channel:
“Minister” means the Minister charged with responsibility for matters relating to transport;
“Misconduct” means an act which is against set rules and regulations:
“Navigation Channel” means any channel where navigation is possible:
“Navigational Aids” means a floating light, mark or sign used as an aid to navigation and includes a lighthouse:
“Rates” means rates or charges levied by the Authority by virtue of this Act;
“Return period” means the highest level of flood expected to occur once in a hundred years:
“River craft” includes any vessel, barge or lighter, canoe, boat or tug of any kind whatsoever towed or self-propelled by any type of motor or otherwise.
“River guide” means a person providing pilotage to navigation In river craft who has conduct thereof;
“Warehouse” includes any building, place, container, river craft when used by the Authority for the purpose of warehousing or depositing or safe keeping of goods.
Schedules
First Schedules
Section 3 (3)
Supplementary provisions relating to the Authority
Proceedings of the Board
Committees
(2) A committee appointed under this paragraph shall be presided over by a member of the Board and shall be made up of such number of persons (not necessarily members of the Board) as may be determined by the Board.
(3) The quorum of any committee set up by the Board shall be as may be determined by the Board.
(2) The decision of a committee shall be of no effect until-it is confirmed by the Board.
Miscellaneous
(a) by any vacancy in the membership of the Board, or of the committee: or
(b) by any defect in the appointment of a member of the Board or any committee thereof.
Second Schedule
Section 10
Federal navigable waterways
Third Schedule
Section 11
River ports whose approaches are exempted from the control of the Authority
Fourth Schedule
Section 21
Assets of the Department vested in the Authority
(1) B/V Anam.
(2) B/V Bajibo.
(3) B/V Nembe.
(4) B/V Lekki.
(5) B/V Numan.
(6) M/F Apapa.
(7) M/F Calahar.
(8) M/F Baro.
(9) M/F Yelwa.
(10) W/B Jebba.
(11) M/T Tiga Dam.
(12) M/D Yenaka.
(13) M/D Itobe.
(14) M/DSiama.
(15) M/D Obosi.
(16) M/D Shetland.
(17) M/F Oron.
(18) M/F Lokoja.
(19) W/B Maroko.
(20) W/B Jamata.
(21) M/F Effiiat-Mbo.
(22) M/F Idah.
(23) M/F Asaha.
(24) M/F lbi.
(25) M/F Yola.
(26) M/F New Bussa.
(27) M/F Onitsha.
(28) M/F Donga.
(29) M/F Warri.
(30) M/T Kainji Dam.
(31) B/V Varvil.
(32) B/V Cosmos.
(33) W/B Yauri.
(34) S/V Woodcock.
(35) S/V Woodpecker.
(36) S/L Woodpegeon.
(37) M/L Wagtail.
(38) M/LWoodlack.
Made at Abuja on the 12th day of August 1997 by
General Sani Abacha
Head of State, Commander-in-Chief of the Armed Forces
Federal Republic of Nigeria