NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY ACT,

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LAWS OF THE NIGERIAN FEDERATION

NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY ACT, 2007

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EXPLANATORY MEMORANDUM

An Act to provide for the promotion of maritime safety and security, protection in the maritime environment, shipping registration and commercial shipping, maritime labour, the establishment of Nigerian Maritime Administration and Safety agency; and for related matters.

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ARRANGEMENT OF SECTIONS

PART 1 – OBJECTIVE, APPLICATION AND SCOPE OF THE ACT

1. Objective of the Act.
2. Application and Scope.

PART II- ESTABLISHMENT OF NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY AND STAFFING

3. Establishment of the Nigerian Maritime Administration and Safety Agency.
4. Succession.
5. Agency’s Board and Membership.
6. Qualification of Board Members.
7. Appointment of Board Members and Tenure of Board members.
8. Resignation of a Board Member.
9. Removal of a Board Member.
10. Vacancy on the Board.
11. Director-General.
12. Executive Directors.
13. Board Secretary.

PART III- FINANCE

14. Employment and condition of service.
15. Funding of the Agency.
16. Budget and Expenditure.
17. Maritime Fund.
18. Power to accept gifts.
19. Accounts and records to be opened for inspection.
20. Statement of Accounts and Audit.
21. Annual and Other Reports.

PART IV-FUNCTIONS AND POWERS OF THE AGENCY

22. Functions of the Agency.
23. Powers of the Agency.
24. Consultation.

PART V-     DIRECTIVES BY THE MINISTER

25. Directives by Minister.

PART VI-CHARGES AND LEVIES

26. Charges and Levies.

PART VII- MARITIME LABOUR

27. Registration and regulation of maritime labour.

PART XIII- SHIPPING REGISTRATION AND DEVELOPMENT

28. Shipping Registration.
29. Registrar and Deputy Registrars.
30. Appointment of Registrar and Deputy Registrars.
31. Powers and duties of Registrar.
32. Seal of Registration Office and signature of Registrar.
33. Limitation of liability.
34. Ships entitled to be registered.
35. National carrier status to shipping companies.
36. Government exports and imports for National carrier.
37. Carriage of cargo.
38. Revocation of National Carrier Status.
39. Indigenous fleet expansion.

PART IX-SHIP SAFETY AND SECURITY

40. Detention of Unsafe Ship.
41. Use of Unsafe Lighters, etc.
42. Owner Liable for Unsafe Operation of Ship.
43. Liability in respect of unsafe ship, unsafe lighters and unsafe operation of ships.

PART X-MARINE POLLUTION

44. Regulation on Marine Pollution.
45. Prohibitions on carriage, shipment and jettisoning of harmful substances.

PART XI-GENERAL PROVISIONS

46. Establishment of Marine Offices.
47. Record of Shipping Infrastructure.
48. Power to detain ships.
49. Marine Casualty Investigation Committee.
50. Independent Commission for Marine Casualty.
51. Regulations.
52. Delegation.

PART XII-LIABILITY AND LEGAL PROCESSINGS

53. Limitation of Suits against the Agency.
54. Judicial Management and Liquidation.

PART XIII-OFFENCES

55. Damage to Property of the Agency.
56. Evasion of Fees, Levies etc.
57. Penalty for Giving False Statement.
58. Non Compliance with direction of agency or with any provision of this Act.
59. Obstructing the Agency in Performance of its Duties.
60. Preservation of Secrecy.
61. Offences by Companies.
62. Fines to be paid to the Agency.

PART XIV -M ISCELLANEOUS

63. Repeals and Savings.
64. Interpretation.
65. Short Title.

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NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY

An Act to provide for the promotion of maritime safety and security, protection in the maritime environment, shipping registration and commercial shipping, maritime labour, the establishment of Nigerian Maritime Administration and Safety agency; and for related matters.

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[Commencement.]                  [25th Day of May, 2007]                                                   

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ENACTED by the National Assembly of the Federal Republic of Nigeria:

PART I-OBJECTIVE, APPLICATION AND SCOPE OF THE ACT

1.-(1) The objective of the Agency shall be to-

(i)     promote the development of indigenous commercial shipping in international and coastal shipping trade; and

(ii)    regulate and promote maritime safety, security, marine pollution and maritime labour.

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