Ports (Carbide of Calcium) Regulations

SECTION 69 Appeal to minister against decision of pilotage board (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, alter the nature of the punishment; or (c) in the case of a recommendation to the Authority under subsection (2) of sec tion 68, support, comment on or oppose the recommendation, and the decision of the Minister shall be final. SECTION 70 Revocation of pilot's licence by Authority (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, and having considered the recommendation and the record of the inquiry may [L.N. 112 of 1964.] (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 subsection (1), 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; 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 or appeal; or (c) an appeal has been made to and determined by the Minister in accordance with the provisions of section 69. SECTION 72 Liability of the master or owner in the case of a ship under pilotage 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. PORTS (CARBIDE OF CALCIUM) REGULATIONS [L.N. 15 of 1963.] under section 45 [14th February, 1963] [Commencement.] 1. Short title and application These Regulations may be cited as the Ports (Carbide of Calcium) Regulations, and shall apply to all ports. 2. Interpretation In these Regulations unless the context otherwise requires "Authority" means the Nigerian Ports Authority established under the provisions of the Ports Act (hereinafter in these Regulations referred to as the "Act"); "carbide of calcium" means a substance formed by the fusion of coke or anthracite with lime; "dock superintendent" means a dock superintendent duly appointed by the Authority for the port and shall include any person authorised by the Authority to assist him; "handling" includes loading, discharging and transporting; "harbour master" means in relation to any port a harbour master duly appointed for that port under section 44 of the Act and shall include his duly authorised deputies, assistants and such persons authorised by him; "master" in relation to a ship means the master or other persons for the time being in charge of such ship but does not include a pilot; "port" means a port declared under section 6 of the Act to be a port and shall include the approach thereto; "ship" includes any ship, vessel, tug, lighter, canoe or boat of any kind whatsoever whether propelled by steam or otherwise or towed. 3. Notice of nature of cargo The master of every ship carrying a cargo, any part of which consists of carbide of calcium shall, on entering a port, immediately give notice of the nature of such cargo to the harbour master, and shall place or moor his ship in such place as the harbour master may direct; and while any carbide of calcium remains on board, shall not remove his ship without the written permission of the harbour master. 4. Ventilation Every ship's hold in which carbide of calcium is present, and from which carbide of calcium is to be discharged in the port, shall be efficiently ventilated from the time of entering the port until all such carbide of calcium has been discharged or until the ship has left the port; and every ship's hold into which carbide of calcium is to be loaded shall be similarly efficiently ventilated from the time loading commences until the ship leaves the port. 5. Removal after discharging All carbide of calcium discharged at a port from any ship shall be removed without delay to some place of storage outside the port. Carbide of calcium may be stored temporarily in an approved carbide store at a port subject to permission having been obtained from the dock superintendent and space being available in the approved store. 6. Carbide of calcium not to be brought to place of loading until ship is ready No carbide of calcium shall be brought to the place of loading until the ship into which it is to be loaded is in readiness to receive the same. 7. Carbide of calcium to be in closed metal containers Carbide of calcium shall be brought into a port only in hermetically closed metal containers of such strength and construction or so protected as not to be liable to be broken or to become defective or insecure in conveyance. 8. Packages not to be opened No containers of carbide of calcium shall be opened within the limits of a port except with the written consent of the Harbour Master in such place as he may direct; and only non-ferrous tools may be used in opening containers. 9. Protection against water Every reasonable precaution shall be taken to prevent the contact of water or moisture with carbide of calcium, and where such contact may have occurred, to prevent the gas evolved from being ignited. Handling of carbide of calcium shall cease during rain and exposed containers shall be placed under cover. 10. No smoking or naked lights shall be permitted within 100 feet of where carbide of calcium containers are being handled. 11. Every ship having carbide of calcium on board shall at all times whilst in a port have on board a competent watchman and a responsible person to carry out and give effect to the provisions of these Regulations. 12. Inspection The master of a ship having carbide of calcium on board shall, when so required by the harbour master, or other official authorised by the Authority, afford every reasonable facility to enable such official to ascertain whether these Regulations are duly observed. 13. Penalty Any person doing anything prohibited by any of these Regulations or omitting to do anything required by them to be done or otherwise offending against or omitting a breach against any of these Regulations shall be liable for every such offence to a penalty not exceeding N 100 and in the case of a continuing offence to a further penalty not exceeding N10 for each day during which such offence continues.