Navigation (Inland Waters) Law, chapter 95 of 1917

Navigation (S/(1/e /nlnnd Waters) [CAP, 95 3141 A L::nv rel:iting to Shipping a11d Navigation in lJ1l::: :1d Wafers within A11a111br:.1 St�1lc (Pans 1,2 and 4 -30th A.,gust, l 9 J 7) (Part 4 - 13th February, J947i PART 1.-PREUMINARY This L,!\\' m:1y be cited as the N,1vigatio11 (Inland Wc1tcrs) uiw. Pan 3 o:· this L1w ::,hall come i111u operation rn; a clay h) ! -.� fixedby tht" Governor by no1ice in the Gazette. 2. Jn this L1w- "Commissioner" means the Stale Commi,;sioner for the time being cha1gedw11!, responsibility for matters relating to trnnsport •'inland waters" means inland waters within the State except tic!:,! waters, theRiver Niger and its affluent and any other inland wnterway declared byFedernl legislnture to be an internationnl 01 an l11tcr-Stnle waterway; "lnunch" means n steam vessel not exceeding one l iunclrccl <111d fifty tonsdisplacemc.:nl when loaclcd; "!1ight" means time between sunset ancl sunrise; "passenger" includes any person, 1101 being a child ot' less than llne year ofage, cnrric::d in a ship otbcr than the ,,�aster ancl ere\\'. and thG ownt:r nragent and the family of L'ither such owner or agent; "power driven s111,lll crnft" means :i emf! propelled by a pl>rtablc OLii buardengine not exceeding fifteen brake-horse power; "small craft" includes any vessel not exceeding fifteen 11.)llS burden:"State" mc:ins A1rn111hrn Stnlc of Nigeria. "ste;im vt SSL!•:•· includl'S :11! ships which ilre prnpc:lkd by means of steam,:nlcr�·il combusring. or dectric machinery or other mcclwnical power. LofN.1918 C1p . .:�1(.. N. 20 of 1952. N. 7 of 1954. N. 27 of 195.:. N.L.N. 131 of 195,1. $horl lillc and <'· ::-:mcncc­ mcrll. i111crprc:,,rion. l Navigation (State Inland Waters) (CAP, 95 344] A Law relating to Shipping and Navigation in Inls ad Waters within L. of N. 1918 Anambra Siate up. 2O6.N, 20 of 1952. N. Jolt 1O54.N. 27 of 1954. N..N. £31 of 195-4. (Parts 1,2 and 4 -30th A.:gust, 1917) (Part 4 - 13th February, 1947; PART 1.—PRELIMINARY 1. (1) This Law may be cited as the Navivation (Inland Waters) Law. Short title and vem i- (2) Part 3 of this Law shall come into operation cf a day ta be fined ment. by the Governor by notice in the Gazette. 2. In this Law— “Commissioner” means the State Commissioner for the time wiih responsibility for matters relating to transport “inland waters” means inland waters Within the State except tidi! Waters, the River Niger and its affluent and any other inland waterway declared by Feders! Legistature to be an international or an Inter-State Waterway; xceeding one hundred and fifty tons : ialerpretation. being charged 'P""" “launch” means a steam vessel not e displacement when loaded; “aight” means time between sunset and sunrise; “passenger” includes any person, not being a child ot less than one age, carried ina ship other than the master and crew, and the owner ef agent and the family of either sueh owner or agent; “power driven small craft” means a er engine not exceeding fifteen brake- year of aft propelled by a portable oui board horse power; “small craft” includes any vessel not exceeding fifteen tons burden: “State” means Anambra State of Nigeria. “steam vi: ssels” includes all shi ps which are propelled by means of steam, interna] combusting, or cle ctric machinery or other mechanical power | gion “S s 3142 CAP. 95] Navigation (State Inland Waters) Application. Persons who shall be in charge of steam vessels. Power to make regulations. PART 2.—STATE INLAND WATERS NAVIGATION 3. (1) The provisions of this Part do not apply to vessels in the service of the Government of the Federation of Nigeria or of any state the reof, (2) The provisions of this Part do not apply to ports appointed under the Ports Act. (3) Save as aforesaid this Part shall apply to all State inland waters and to all vessels navigating such water. 4. (1) Every steam vessel of or exceeding ten tons displacement when loaded shall, when navigating in the Slate inland waters, be in charge of — (a) if the vessel exceeds one hundred and fifty tons displacement when Joaded, a master holding a master's certificate recognized by the Shipping and Navigation Act, 1962, or a river master holding a certificat: of competency granted under that Act; (b) in the case of a launch, such master or river master as aforesaid or a quarter-master holding a certificate of competency granted under the said Act. (2) Nothing n subsection (1) contained shall be deemed to authorize any person other than a pilot to be in charge of vessel navigating in circumstances in which the vessel is required to be in the charge of a pilot. (3) The owner and the person in charge of any vessel, in respect of which there shall be any contraception of subsection (1), shall be liable to 2 fine of one hundred naira. (4) The provisions of this section do not apply to any vessel which is a fishing boat within the meaning of section 10. 5. The Commissioner may make regulations for all or any of the following purposes— (a} requiring vessels in the State inland waters to carry Jights, and to prescribe what lights shall and may be carried by any vessel or class or vessels: (b) appointing the course to be taken by vessels meeting, passing or overtaking any other vessels or being passed or overtaken by any other vessels navigating the State inland waters; Navigation (State Inland Waters) [CAP. 95 3143 T (c) regulation, whether by way of prohibition or otherwise, the floating of timber, casks and other objects on the inland waters either generally or in respect of any specified State inland waters or for any specified time a or season; E : (d) providing for the forfeiture of timber, casks or other objects found E floating on the State inland waters in contravention of the provisions # of this Part or of any regulations made hereunder and for the BS redemption on payment of expenses and a penalty, within a time limit a to be fixed, of any such timber, casks or other objects. (e) closing for any temporary purpose any specified State inclined waters to navigation, either generally or by any specified class of vessel; (f) regulating the navigation of the State inland waters; (g) registering and licensing of ferry boats; (h) regulating the places of mooring vessels in the State inland waters and the mode of mooring the same; (i) generally for carrying out the purposes of this Part. PART 3.—CARRIAGE OF GOODS UPON STATE INLAND WATERS 6. The provisions of this Part shall apply to all State inland waters and to Application of wise i ‘ Fi : ‘ tl it all vessels navigating such waters including vessels in the service of the ‘"°?* Government of the Federation or of any State thereof. aia. 7.1n this Part, unless the context otherwise requires— Interpretation, “earriage Of goods” covers the period from the time when the goods are loaded on to the time when they are discharged from the ship; e “Carrier” includes the owner or the charterer who enters into a contract of ee carriage with a shipper; “Contract of carriage” applies only to contracts of cariiage covered by a bill 4 of lading or any similar document of title, in so far as such document 8 relates to the carriage of goods by State inland waters, including any bill ‘a of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of fading or similar document of title regulates the relations between a carrier and holder of the same; a o . it 3144 CAP. 95] Navigation (State Inland Waters) “goods” includes goods, ware, merchandises and articles of every kind whatsoever except live animal and cargo which by the contract of i carriage is stated as being carried on deck and is so catrieds “ship” means any vessel used for the carriage of goods by State inland waters. f Se Limitof ==. 8. (1) Neither the carrier nor the ship shall in any event be or become and carrier, ~ fiable for any foss or damage to or in connection with goods in an amount exceeding two hundred naira per package or unit, or the equivalent of that sum in other currency unless the nature and value of such goods have been declared by the shipper before shipment and jnserted in the bill of lading or any similar document of title. e e document as aforesaid shall be prima facie evidence, but shall not be binding | (2) This declaration if embodied in the bill of fading or other simitar or conclusive on the carrier. | (3) By agreement between the carrier, master or ayent of the carrier and i; the shipper another maximum amount than that mentioned in this subsection | may be fixed: provided that such maximum shall not be fess than the figure above named. (4) Neither the carrier nor the ship shall be respons’) ¢ in any event for loss or damage to or in connection with goods ‘¥ the psvure or value thereof has r been knowingly misstated by the shipper in the bill ot | ding or other similar document as aforesaid, | Geet 9. (1) Goods of an inflammable, explosive or din ‘erous nature to the Cn | goods. shipment whercof the carrier, master or agent « ~ carrier, has not 4 consented, with knowledge of their nature and ¢/\ nav at any time 4 | before discharee, be landed at any place or destroy: ‘ndcred innocuous “i f by the carrier without compensation, and the shipps: 4ch goods shall be of ) liable for all damages and expenses directly or in lic oy arising out of or if | resulting from such shipment. | ; (2) If any such goods shipped with such knowl: ‘+o and consent shall si <a : become a danger to the ship or cargo, they may in |) -< unner be landed at i any place or destroyed or rendered innocuous by the «sr er without liability fe . ‘ ¢ : on the part of the carrier except to general avery. a a e e P E R T as Navigation (State Inland Waters) (CAP. 95 3145 PART 4.—FISHING BOATS 10. In this Part, the expression “fishing boat” means a boat of whatever shine of size propelled by mechanical power and used within State inland waters for paar" catching fish for profit. 1]. The Commissioner may muke regulations for controlling the use of fishing boats in sueh m to ensure the safety of such boats and their crews, and without prejudice to the generality of the foregoing power, such regulations may make provision— the purpose of poyerto anner as he may deem necessary make ‘gulaitions, (a) for the registration, letteri ng and numbering of fishing boats; (b) prescribing the persons who shall be in charge of fishing boats; (c) for the surveying of fishing boats (d) for the examination of and issue of certitudes of competency to persons in charge of fishing boats; (e) prescribing the life-saving appliances to be carried by fishing boats; (f) regulating the times within which fishin g boats may proceed to and remain at sea; (g) for matters connected with or j ncidental to the foregoing matters, PART 5.—LICENSING OF BOATS 12. In this Part the term “boat” does not include an steam vessel, but Definition of includes all other canoes, lighters, barges, boats, crafts, power-driven smal] "B92". craft, and all other small craft of whatsoever kind or description which are employed on any State inland waters. 13. (1) The owner of — (a) any boat (other than a c merchandise; (b) any c¢ Licenses to . ; be taken out anoe) which carries passengers, goods OF yearly, inode, which carries passengers when towed by a steam vessel; (c) any power-driven small craft which plies for hire or carries passengers, goods or merchandise; shall, within ten days from the Ist Jan uary of each year, or if such boat shall have been acquired subseque ntly to the Ist January, then within ten days of CAP. 95} Navigation (State Inland Waters) Licensing ofticers. Examination of boats. Qffenses. such acquirement, register and take out a licence for such boat in accordance with the provisions of the regulations made wnder this Part. (2) Every such licence shall expire on the 31st December next following the date on which it is taken out 14, The officer in charge of the district, or such other officer as the Commissioner may appoint, shall be licensing officers for the purposes of this part, 15. A licensing officer may refuse to register any boat which he is satisfied is not in a seaworthy condition, 16. Any person who— (a) plies for hire with or carries passengers, good, or merchandise in any boat (other than a canoe) required to be licensed under this Part which is not duly licensed; or (b) carries passengers in a canoe when it is being towed by a steam vessel, such canoe not being duly licensed; or (c) plies for hire with, or carries Passengers, goods or merchandise in, any power-driven small craft required to be licensed under this part Which i$ not licensed; or (d) being the owner of a licensed boat, fails to com ply with any regulation made under this Part which is applicable to such boat; or (¢) loads any licensed boat (other than a canoe) so that any part of the load line is submerge, or navigates the same when so loaded; or (f) using a licensed canoe for carrying passengers when it is being towed by a steam vessel, has the canoe so loaded that the load line is submerged, shall be liable for a first affence to a fine of ten naira and for a second or subsequent offence to a fine of fifty naira or imprisonment for three months. Power to make regulations for the purposes of PUrposes— this Part. 17. The Commissioner may make regulations for all or any of the following (a) prescribing the registers to be kept of licensed boats to be entered therein; and the particulars = Navigation (State Inland Waters) [CAP;95 3147 ce (b) prescribing the forms of licences; (c) requiring any change of ownership or of the address of an owner to be 2% reported to the licensing officer; (d) prescribing the fees to be paid for licences; (e) requiring the number of the licence and place of issue to be painted on a boat as directed: (f) prescribing the position and marking of the load line; Sb . S t e s Le | ab (g) prescribing the maximum number of persons that may be carried in any ; licensed boat (other than a canoe) or in a licensed canoe when such canoe is being towed by a steam vessel; (h) prescribing the equipment and life-saving appliances to be carried in power-driven small craft and the precautions to be taken against fire and otherwise for the safety of persons carried in such craft; (i) prescribing the qualifications which are required to be possessed by the person in charge of a power-driven smal) craft when plying for hire or catrying passengers, goods or merchandise, and requiring the name and address of such person, and any change relating thereto, to be reported to the licensing officer; (j) declaring that this Part shall not apply to any boat or class of boats: (k) generally for the better carrying out of the purposes of this part. 48.(1) Any local government council may, subject to the approval of the oe Commissioner, make rules with regard to boats owned by persons residing local within the jurisdiction of the said council and to boats owned by persons not founcils to. residing within the said jurisdiction but whose boats are kept or used within ™*¢ "les. the said jurisdiction and which boats are not licensed by some other local government council, or any class of such boats, or with regard to such boats or class or such boats where they are used for a particular purpose — Ss (a) for the purpose of requiring the same to be registered and licensed . under and in accordance with the provisions of such rules; a (b) for all or any of the purposes for which the Commissioner may make Re regulations under section 11, except the purpose mentioned in a paragraph (f), and (c) with regard to the maximum number of passengers which may be carried in licensed boats. cc aoe CAP. 95] Navigation (State Inland Waters) (2) When any rules made under this sec 15 and 16 und any regulations made by shall not apply to the bo tion come into force sections 14, the Comnwssioner under section 17 D ats or classes of boats owned by persons residing within the jurisdiction of the loea] government council making the rules, nor to boats or classes of boats owned by jurisdiction but which boats are neve of the rules, nor to bo Persons not residing within the said rtheless made subject to the provisions als or classes of boats owned, kept or used within the = area to which the rules may declare this Part shall not apply. seas SUBSIDIARY LEGISLATION Navigation (State Inland Waters) Regulations e made under section 5 a Regulations 37 of 1917, 13 of 1919, P 23 of 1923, d 2 of 1925, 18 of 1927, 22 i of 1929, 15 FP } of 1930, 21 1 | of 1939, 44 ‘ of 1944, a Citation. 1. These regulations may be cited as the Navigation of Inland Waters § Regulations. I | | Interpreta- 2. In these regulation— ' | tion. i ‘ i ; ner : i State inland waters” means inland waters Within Anambra State except tidal i| waters, the River Niger and its affluent and any other inland water- way declared by Federal legislature to be an international or an inter-state waterway; ea | : Vessels 3.All steam vessels when meeting other steam vessels shal] alter their ¥ mecting. course to starboard so channel, and sh as to keep to the right or starboard side of the all signal by blowing one short blast on their whistles.