OFFFENCE LIABILITY/PENALTY REGULATION

Application, Installation or Use of Harmful Ten Million Naira (N10,000,000) borne by the Ship REG. 13
AFS1 owner and Master of the vessel, severally MERCHANT SHIPPING (ANTI-FOULING
SYSTEMS) REGULATIONS, 2012
Attempt to illegally leave a port, terminal or Liability is borne by the Master of the ship to the tune REG.7(4)
offshore installation after being detained by of Twenty Five Million Naira (₦25,000,000) MERCHANT SHIPPING (LIABILITY AND
an authorized inspector COMPENSATION) REGULATIONS, 2012
Attempt to leave a port, terminal or offshore Liable to be stopped and detained by an authorized REG.7(3)
installation in contravention of the regulation inspector MERCHANT SHIPPING (LIABILITY AND
COMPENSATION) REGULATIONS, 2012
Attempt to leave a port, terminal or offshore Liability is borne by the Ship owner and the Master of REG.14(3)
installation upon detention for pollution the Vessel to the tune of Fifteen Million Naira MERCHANT SHIPPING (LIABILITY AND
damage (₦15,000,000) each or imprisonment for a term of one COMPENSATION) REGULATIONS, 2012
year or both.
Breach of duty to ensure the Ship’s Upon conviction, the ship owner of the company which REG. 8(1)
compliance with the Regulations and Annex IV operates the ship and master of the vessel is liable to MERCHANT SHIPPING (PREVENTION
of MARPOL 73/78 fine of not less than Three Million Naira (N3, 000,000) OF POLLUTION BY SEWAGE)
or any other punishment prescribed under the Act or REGULATIONS, 2012
relevant law.
Bulk loading/carriage of any dangerous or Borne by the Ship owner and Master of the Vessel and REG.4
noxious liquid substance upon summary conviction liable to a fine of Five Million MERCHANT SHIIPING (DANGEROUS OR
Naira (N5,000,000) NOXIOUS LIQUID SUBSTANCES IN
BULK) REGULATIONS, 2012

Carriage of harmful substances by sea on any Liability is borne by the ship owner/master for each REG.2
ship registered in any State offence to the tune of Ten Million Naira (N10,000,000) MERCHANT SHIPPING (PREVENTION
OF POLLUTION BY HARMFUL
SUBSTANCES IN PACKAGED FORM)
REGULATIONS, 2012

1
Anti-Fouling System
Carrying Ballast water in cargo tanks Upon conviction, the Ship owner and Master of the REG.17(3)
Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Carrying unwashed additional ballast in a new Upon conviction, the Ship owner and Master of the REG.17(4)
crude oil tanker Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Deliberate act contravening any conditions Liability is borne by the holder of the permit to the tune REG.6(1)(A)
contained in the permit of Ten Million Naira (N10, 000,000) or imprisonment MERCHANT SHIPPING (SEA DUMPING)
for a term not more than two years, or both. REGULATIONS, 2012
Deliberate alteration/replacement of Liability is borne by the Ship owner and Master of the REG. 9(1)(D)
equipment in the Ship’s Ballast tank after Vessel jointly and severally MERCHANT SHIPPING (BALLAST
survey without approval from the Agency2g. WATER MANAGEMENT)
9(1)(d) Ten Million Naira (N10, 000,000) or Imprisonment for a REGULATIONS, 2012
period not exceeding two years or both.
Additionally, NIMASA may see Reg. 20
(i) issue a warning to the Ship owner or Master
(ii) Detain the Vessel until it complies with the
relevant laws and is rendered
safe/seaworthy
(iii) Order the exclusion of the vessel from
Nigerian waters
Permit the Vessel to leave the port/offshore terminal
for discharging ballast water, repair subject to such a
move to posing a threat to the impairment of the
marine environment nor human health or property.
Deliberate alteration/replacement of Borne by the Ship owner and Master of the Vessel and REG.12(1)(B)
equipment in the Ship’s Ballast tank after upon summary conviction liable to a fine of Five Million MERCHANT SHIIPING (DANGEROUS OR

2
Nigerian Maritime Administration and Safety Agency (NIMASA)
survey without approval from NIMASA Naira (N5,000,000) NOXIOUS LIQUID SUBSTANCES IN
BULK)
Deliberate alteration/replacement of the Upon conviction, the Ship owner and Master of the REG.7(1)(B)
ship’s equipment without the Minister’s Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
consent (after survey) Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Deliberate or Inadvertent Breach by a body Liability is borne by the body corporate to the tune of REG.25
corporate of the provisions of these Twenty Million Naira (N20,000,000) and for any person MERCHANT SHIPPING (SHIP
regulations purporting to act as Director, Manager, Secretary, to GENERATED MARINE WASTE
the tune of Ten Million Naira (N10,000,000) or a term RECEPTION FACILITIES) REGULATIONS,
of two years imprisonment 2012
Denying an Inspector, access to the Vessel Liability is borne by the ship owner or master to the REG.13(1)(D)
tune of Ten Million Naira (₦10,000,000) or MERCHANT SHIPPING (OIL POLLUTION
imprisonment for a term of Two years PREPAREDNESS, RESPONSE AND CO-
OPERATION) REGULATIONS, 2012
Discharge containing hazardous substances in Upon conviction, the Ship owner and Master of the REG.11(4)
quantities that are harmful to the marine Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
environment Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Discharge of any noxious liquid substance into Borne by the Ship owner and Master of the Vessel and REG.5
the sea upon summary conviction liable to a fine of Five Million MERCHANT SHIIPING (DANGEROUS OR
Naira (N5,000,000) NOXIOUS LIQUID SUBSTANCES IN
BULK) REGULATIONS, 2012
Discharge of at least 15ppm of oil or oily Upon conviction, the Ship owner and Master of the REG.31(2)
mixture into the sea from an Offshore Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Installation Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Discharge of sewage into the sea Upon conviction, the ship owner/master of the REG.3
ship/company or charterer operating the vessel is liable MERCHANT SHIPPING (PREVENTION
to fine of not less than Three Million Naira (N3, OF POLLUTION BY SEWAGE)
000,000) or any other punishment prescribed under the REGULATIONS, 2012
 Act or relevant law.
Discharging oil containing hazardous Upon conviction, the Ship owner and Master of the REG.12(4)
chemicals in hazardous quantities Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Discharging oil or oily mixture into any part of Upon conviction, the Ship owner and Master of the REG.11(3)
the sea Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Discharging oil or oily mixture into any part of Upon conviction, the Ship owner and Master of the REG,12(2)
the sea (BY OIL TANKERS) Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Discharging Oil/ Oily mixture by any Nigerian Upon conviction, the Ship owner and Master of the REG.15 (2)(A)
ship in the Antarctic area Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Discrepancy between the particulars of an (i) Suspension the validity of the IOPP Certificate REG. 8
IOPP Certificate and the Vessel’s condition (ii) (For a foreign flagged Vessel in a Nigerian port) MERCHANT SHIPPING (PREVENTION
NIMASA may detain the vessel until it is repaired OF OIL POLLUTION) REGULATIONS,
and no longer poses a threat to the marine 2012
environment
Disposal from a fixed or floating installation or Liability is borne by the Installation owner and REG.6
from a ship along or within 500nm of such Installation Manager to the tune of Ten Million Naira MERCHANT SHIPPING (PREVENTION
installation (N10,000,000) severally OF POLLUTION BY GARBAGE)
REGULATIONS, 2012
Disposal of any garbage from a ship into the Liability is borne by the Ship owner, the Manager of the REG. 5
sea within any Special Area Vessel, the Demise Charterer and the Master of the MERCHANT SHIPPING (PREVENTION
Vessel to the tune of Ten Million Naira (N10,000,000) OF POLLUTION BY GARBAGE)
severally REGULATIONS, 2012
Disposal of any plastics from a ship into the Liability is borne by the Ship owner, the Manager of the REG. 3
sea outside any Special Area Vessel, the Demise Charterer and the Master of the MERCHANT SHIPPING (PREVENTION
Vessel to the tune of Ten Million Naira (N10,000,000 OF POLLUTION BY GARBAGE)
REGULATIONS, 2012
Disposal of garbage other than plastics from a Liability is borne by the Ship owner, the Manager of the REG.4
ship into the sea Vessel, the Demise Charterer and the Master of the MERCHANT SHIPPING (PREVENTION
Vessel to the tune of Ten Million Naira (N10,000,000) OF POLLUTION BY GARBAGE)
REGULATIONS, 2012

Dumping waste or other matters Liability is borne by the Ship owner/. Master of the REG.3(A)
Vessel to the tune of Ten Million Naira (N10, 000,000) MERCHANT SHIPPING (SEA DUMPING)
or to imprisonment for a period not less than six REGULATIONS, 2012
months or both.

*NB
Items (iv) and (vii) may be considered for dumping
subject to the material that can create floating debris
or pollute the marine environment has been removed
to the best extent possible and further that dumped
material poses no threat to the biodiversity of the
ocean or navigation.
Entrance into the Antarctic by a Nigerian Upon conviction, the Ship owner and Master of the REG.15(7)
Vessel Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Exporting wastes or other matters to other Liability is borne by the Ship owner/. Master of the REG.3(D)
countries for dumping or incineration at sea Vessel to the tune of Ten Million Naira (N10, 000,000) MERCHANT SHIPPING (SEA DUMPING)
or to imprisonment for a period not less than six REGULATIONS, 2012
months or both.
Failure to carry a Garage Records Book on Liability is borne by the Ship owner, the Manager of the REG.11
board ship, the Demise Charterer and the Master of the Ship; MERCHANT SHIPPING (PREVENTION
upon conviction, liability stands at a fine of not less OF POLLUTION BY GARBAGE)
 than Ten Million Naira (N10,000,000) REGULATIONS, 2012
Failure to carry a Garbage Management Plan Liability is borne by the Ship owner, the Manager of the REG.10
ship, the Demise Charterer and the Master of the Ship; MERCHANT SHIPPING (PREVENTION
upon conviction, liability stands at a fine of not less OF POLLUTION BY GARBAGE)
than Ten Million Naira (N10,000,000) REGULATIONS, 2012
Failure to carry Certificate of Compulsory Liability is borne by the Ship owner and the Master of REG.7(1)
Insurance on board a Vessel entering Nigeria. the Vessel to the tune of Twenty-Five Million Naira MERCHANT SHIPPING (LIABILITY AND
(₦25,000,000), severally COMPENSATION) REGULATIONS, 2012
Failure to carry on board a valid IOPP The inspector will employ whatever measures he REG. 33(3)
Certificate or an NGOPP Certificate deems necessary to prevent the vessel from sailing MERCHANT SHIPPING (PREVENTION
until he is sure that it can proceed to sea without OF OIL POLLUTION) REGULATIONS,
posing a threat to the marine environment. 2012

*Upon conviction, the Ship owner and Master of the

Ship shall be liable to a fine of not less than Ten Million
Naira (N10,000,000) each*
Failure to comply with the Regulations when Liability is borne by the Master or Ship owner to the REG.18
offshore installations are engaged tune of Ten Million Naira (N10,000,000) and MERCHANT SHIPPING (SHIP
imprisonment for a period not exceeding two years or GENERATED MARINE WASTE
both RECEPTION FACILITIES) REGULATIONS,
2012
Failure to deliver up a revoked Civil Liability Liability is borne by the owner of the ship to the tune of REG.11(2)
Certificate Ten Million Naira (₦10,000,000) MERCHANT SHIPPING (LIABILITY AND
COMPENSATION) REGULATIONS, 2012
Failure to display placards to notify the crew Liability is borne by the Ship owner, the Manager of the REG.7
and passengers of the regulations’ disposal ship, the Demise Charterer and the Master of the Ship; MERCHANT SHIPPING (PREVENTION
requirements upon conviction, liability stands at a fine of not less OF POLLUTION BY GARBAGE)
than Ten Million Naira (N10,000,000) REGULATIONS, 2012
Failure to educate the vessel’s officers and Liability is borne by the Ship owner and Master of the REG. 9 (1)(B)
crew on their duties in accordance with Vessel jointly and severally MERCHANT SHIPPING (BALLAST
implementing the plan 3 WATER MANAGEMENT)
Ten Million Naira (N10, 000,000) or Imprisonment for a REGULATIONS, 2012
period not exceeding two years or both.
Liability is borne by the Ship owner and Master of the
Vessel jointly and severally

Ten Million Naira (N10, 000,000) or Imprisonment for a

period not exceeding two years or both.
Failure to ensure that before a ship leaves an Liability is borne by the Master or Ship owner to the REG. 16
installation all ship generated waste is tune of Ten Million Naira (N10,000,000) and MERCHANT SHIPPING (SHIP
collected and delivered to a waste reception imprisonment for a period not exceeding two years or GENERATED MARINE WASTE
both RECEPTION FACILITIES) REGULATIONS,
2012
Failure to ensure that that before a ship Liability is borne by the Master or Ship owner to the REG.10(1)
leaves the port or terminal, generated waste is tune of Ten Million Naira (N10,000,000) and MERCHANT SHIPPING (SHIP
delivered to a waste reception facility imprisonment for a period not exceeding two years or GENERATED MARINE WASTE
both RECEPTION FACILITIES) REGULATIONS,
2012
Failure to ensure that cargo residues are Liability is borne by the Master or Ship owner to the REG. 17
delivered to a waste reception facility tune of Ten Million Naira (N10,000,000) and MERCHANT SHIPPING (SHIP
imprisonment for a period not exceeding two years or GENERATED MARINE WASTE
both RECEPTION FACILITIES) REGULATIONS,
2012
Failure to ensure that the vessel is seaworthy Liability is borne by the Ship owner and Master of the REG. 9(1)(C)
and is in compliance with the provisions of the Vessel jointly and severally MERCHANT SHIPPING (BALLAST
Ballast Water Management Convention WATER MANAGEMENT)
Ten Million Naira (N10, 000,000) or Imprisonment for a REGULATIONS, 2012
period not exceeding two years or both.

3
Ballast Water Management Plan
 Additionally, NIMASA may see Reg. 20
(i) issue a warning to the Ship owner or Master
(ii) Detain the Vessel until it complies with the
relevant laws and is rendered
safe/seaworthy
(iii) Order the exclusion of the vessel from
Nigerian waters
(iv) Permit the Vessel to leave the port/offshore
terminal for discharging ballast water, repair
subject to such a move to posing a threat to
the impairment of the marine environment
nor human health or property.
Failure to ensure that with regard to the Borne by the Ship owner and Master of the Vessel and REG. 12(1)(A)
regulations, the vessel is seaworthy upon summary conviction liable to a fine of Five Million MERCHANT SHIIPING (DANGEROUS OR
Naira (N5,000,000) NOXIOUS LIQUID SUBSTANCES IN
BULK)
Failure to investigate and provide a report Liability is borne by the Ship owner and Master of the REG. 9(1)(G)
whether a survey is needed after a Vessel jointly and severally MERCHANT SHIPPING (BALLAST
defect/accident is discovered WATER MANAGEMENT)
Ten Million Naira (N10, 000,000) or Imprisonment for a REGULATIONS, 2012
period not exceeding two years or both.
Additionally, NIMASA may see Reg. 20
(i) issue a warning to the Ship owner or Master
(ii) Detain the Vessel until it complies with the
relevant laws and is rendered
safe/seaworthy
(iii) Order the exclusion of the vessel from
Nigerian waters
Permit the Vessel to leave the port/offshore terminal
for discharging ballast water, repair subject to such a
 move to posing a threat to the impairment of the
marine environment nor human health or property.
Failure to maintain a Ballast Water Records Liability is borne by the Ship owner and Master of the REG. 9(1)(H)
Book in the manner prescribed within4 Vessel jointly and severally MERCHANT SHIPPING (BALLAST
WATER MANAGEMENT)
Ten Million Naira (N10, 000,000) or Imprisonment for a REGULATIONS, 2012
period not exceeding two years or both.
Additionally, NIMASA may see Reg. 20
(i) issue a warning to the Ship owner or Master
(ii) Detain the Vessel until it complies with the
relevant laws and is rendered
safe/seaworthy
(iii) Order the exclusion of the vessel from
Nigerian waters
Permit the Vessel to leave the port/offshore terminal
for discharging ballast water, repair subject to such a
move to posing a threat to the impairment of the
marine environment nor human health or property.
Failure to maintain the seaworthiness of the Upon conviction, the Ship owner and Master of the REG.7(1)(A)
Vessel in relation to these regulations Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Failure to operate a waste reception facility at Liability is borne by the Port Authority to the tune of REG.4
a port/terminal/jetty/shipyard or deficiency in Ten Million Naira (N10,000,000) MERCHANT SHIPPING (SHIP
any existing waste reception facility GENERATED MARINE WASTE
RECEPTION FACILITIES) REGULATIONS,
2012

Failure to pay a Sea Protection Levy upon Liability is borne by the owner and master, offshore REG.5

4
See Regulation 9(1)(h) (i) – (iv) of the Merchant Shipping (Ballast Water Management) Regulations, 2012
every call in Nigeria where on board, it installation manager or in the case of a pipeline, the MARINE ENVIRONMENT (SEA
contains at least 10 tons of oil in bulk pipeline manager. Note that Liability is calculated as PROTECTION LEVY) REGULATIONS,
follows: 2012
(i) In the case of a ship, per the tonnage of the
ship
FOREIGN FLAGGED VESSEL
SHIP (GT) LEVY PER GT PER
CALL
100-1000 $1.25/GT
1001-10,000 $1.00/GT
10,000-100,000 $0.75/GT
100,000-Above $0.50/GT
NIGERIAN FLAGGED VESSEL
SHIP (GT) LEVY PER GT PER
CALL
100-1000 ₦500
1001-10,00 ₦350
10,000-100,000 ₦300
100,000-Above ₦250

(ii) in the case of a pipeline, per cubic meter of

the volume of the pipeline extending from
the high watermark ashore to the
termination point offshore
Offshore ₦10,000,000 per
Installation for oil well drilled by
Exploration only that installation
 Offshore ₦15,000,000 per
Installation annum
producing,
processing,
storing or
transferring
(including buoys)

Oil Pipelines ₦1,500 per cubic

metre of the
pipeline volume
from the high
watermark to the
termination
point offshore.

Failure to prepare a waste management plan Liability is borne by the Port Authority to the tune of REG. 5
by a Port Authority, Terminal, Jetty or Ten Million Naira (N10,000,000) MERCHANT SHIPPING (SHIP
Shipyard GENERATED MARINE WASTE
RECEPTION FACILITIES) REGULATIONS,
2012

Failure to prepare and implement BWMP Liability is borne by the Ship owner and Master of the REG. 9 (1)(A)
Vessel jointly and severally MERCHANT SHIPPING (BALLAST
WATER MANAGEMENT)
Ten Million Naira (N10, 000,000) or Imprisonment for a REGULATIONS, 2012
period not exceeding two years or both.
Failure to produce on request, a copy of the Liability is borne by the Master or Ship owner to the REG,9(5)
information retained on board tune of Ten Million Naira (N10,000,000) and MERCHANT SHIPPING (SHIP
imprisonment for a period not exceeding two years or GENERATED MARINE WASTE
 both RECEPTION FACILITIES) REGULATIONS,
2012

Failure to promptly notify NIMASA or Borne by the Ship owner and Master of the Vessel and REG.12(1)(C)
appropriate authority in the event of an upon summary conviction liable to a fine of Five Million MERCHANT SHIIPING (DANGEROUS OR
accident/ defect Naira (N5,000,000) NOXIOUS LIQUID SUBSTANCES IN
BULK)
Failure to provide NIMASA with an early Liability is borne by the Ship owner and Master of the REG. 9(1)(E)
report in the event of an accident/defect Vessel jointly and severally MERCHANT SHIPPING (BALLAST
WATER MANAGEMENT)
Ten Million Naira (N10, 000,000) or Imprisonment for a REGULATIONS, 2012
period not exceeding two years or both.
Additionally, NIMASA may see Reg. 20
(i) issue a warning to the Ship owner or Master
(ii) Detain the Vessel until it complies with the
relevant laws and is rendered
safe/seaworthy
(iii) Order the exclusion of the vessel from
Nigerian waters
Permit the Vessel to leave the port/offshore terminal
for discharging ballast water, repair subject to such a
move to posing a threat to the impairment of the
marine environment nor human health or property.
Failure to provide notification to the Port Liability is borne by the Master or Ship owner to the REG.9(2)
Authority before entry into a port before tune of Ten Million Naira (N10,000,000) and MERCHANT SHIPPING (SHIP
arrival imprisonment for a period not exceeding two years or GENERATED MARINE WASTE
both RECEPTION FACILITIES) REGULATIONS,
2012
Failure to provide notification to the Terminal Liability is borne by the Master or Ship owner to the REG.9(3)
operator before entry into a port before tune of Ten Million Naira (N10,000,000) and MERCHANT SHIPPING (SHIP
arrival imprisonment for a period not exceeding two years or GENERATED MARINE WASTE
 both RECEPTION FACILITIES) REGULATIONS,
2012

Failure to report investigation findings to Detention of the Ship until such a report has been REG. 7(4)
NIMASA made MERCHANT SHIPPING (PREVENTION
* Upon conviction, the Ship owner and Master of the OF OIL POLLUTION) REGULATIONS,
Ship shall be liable to a fine of not less than Ten Million 2012
Naira (N10,000,000) each*
Failure to submit an oil report to the Minister Liability is borne by importer or receiver of the oil to REG.27
or submitting a report later than the the tune of Ten Million Naira (₦10,000,000) MERCHANT SHIPPING (LIABILITY AND
prescribed time or submits a false report COMPENSATION) REGULATIONS, 2012
Failure to submit OPEP5 Liability is borne by the ship owner or master to the REG.13(1)(A)
tune of Ten Million Naira (₦10,000,000) or MERCHANT SHIPPING (OIL POLLUTION
imprisonment for a term of Two years PREPAREDNESS, RESPONSE AND CO-
OPERATION) REGULATIONS, 2012

Hindering, obstructing or assaulting an Liability is borne by the maker of such REG.12(5)

inspector or law enforcement agent the statement/furnisher of such information and is to the
performance of his duties
Incinerating wastes or other matters at sea
MERCHANT SHIPPING (SEA DUMPING)
tune of Ten Million Naira (N10,000,000) or REGULATIONS, 2012
imprisonment for a term of not more than two years,
or both
Where the offence was committed over a period
exceeding one day, person charged is further liable to a
fine of Five Hundred Thousand Naira (N500,000) or
imprisonment for a period not exceeding one month in
respect of every day that the offence was committed.
Liability is borne by the Ship owner/. Master of the REG.3(C)
Vessel to the tune of Ten Million Naira (N10, 000,000) MERCHANT SHIPPING (SEA DUMPING)
or to imprisonment for a period not less than six REGULATIONS, 2012

5
Oil Pollution Emergency Plan
 months or both.
Jettisoning harmful substances carried in Liability is borne by the ship owner/master for each REG.7
packaged form offence to the tune of Ten Million Naira (N10,000,000) MERCHANT SHIPPING (PREVENTION
OF POLLUTION BY HARMFUL
SUBSTANCES IN PACKAGED FORM)
REGULATIONS, 2012
Late notification and reporting to NIMASA Liability is borne by the Ship owner and Master of the REG. 9(1)(F)
after unlawfully discharging Ballast water in Vessel jointly and severally MERCHANT SHIPPING (BALLAST
territorial waters WATER MANAGEMENT)
Ten Million Naira (N10, 000,000) or Imprisonment for a REGULATIONS, 2012
period not exceeding two years or both.
Additionally, NIMASA may see Reg. 20
(i) issue a warning to the Ship owner or Master
(ii) Detain the Vessel until it complies with the
relevant laws and is rendered
safe/seaworthy
(iii) Order the exclusion of the vessel from
Nigerian waters
Permit the Vessel to leave the port/offshore terminal
for discharging ballast water, repair subject to such a
move to posing a threat to the impairment of the
marine environment nor human health or property.
Late notification to NIMASA of an Upon conviction, the Ship owner and Master of the REG.7(2)(A)
accident/discovery of a defect Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
2012
Non-implementation of the OPEP Liability is borne by the ship owner or master to the REG.13(1)(C)
tune of Ten Million Naira (₦10,000,000) or MERCHANT SHIPPING (OIL POLLUTION
imprisonment for a term of Two years PREPAREDNESS, RESPONSE AND CO-
OPERATION) REGULATIONS, 2012
Oil/Oily mixture discharge in every special Upon conviction, the Ship owner and Master of the REG.15(2)(B)
area (other than the Antarctic area) Ship shall be liable to a fine of not less than Ten Million MERCHANT SHIPPING (PREVENTION
(i) a Nigerian oil tanker /any Nigerian ship of Naira (N10,000,000) each OF OIL POLLUTION) REGULATIONS,
400GT and above 2012
(ii) a Nigerian ship weighing less than 400GT
other than an oil tanker
Pollution damage caused by a ship in Nigeria Ship Weight Amount REG. 3(2)
or in the EEZ of a contracting state (ton) MERCHANT SHIPPING (LIABILITY AND
<5000 4.51 Million COMPENSATION) REGULATIONS, 2012
Special Drawing
Rights (SDR)

>5000 4.51 Million SDRs

+ 631 SDRs per
ton to a
maximum
capped at 89.77
Million SDRs
Port Authority/Terminal’s failure to comply Liability is borne by the Port Authority to the tune of REG. 8
with NIMASA directives in implanting the Ten Million Naira (N10,000,000) MERCHANT SHIPPING (SHIP
waste management plan GENERATED MARINE WASTE
RECEPTION FACILITIES) REGULATIONS,
2012
Port Authority’s failure to provide adequate Liability is borne by the Port Authority to the tune of REG.3
port waste reception facilities Ten Million Naira (N10,000,000) MERCHANT SHIPPING (SHIP
GENERATED MARINE WASTE
RECEPTION FACILITIES) REGULATIONS,
2012
Proceeding or attempting to proceed on an Upon conviction, the ship owner/master of the REG.12
international voyage from Nigeria without a ship/company or charterer operating the vessel is liable MERCHANT SHIPPING (PREVENTION
ISPPC6 to fine of not less than Three Million Naira (N3, OF POLLUTION BY SEWAGE)
000,000) or any other punishment prescribed under the REGULATIONS, 2012
Act or relevant law.
Providing false information to a port Liability is borne by the Master and Ship owner to the
REG.24(3)
authority/terminal operator/NIMASA tune of Ten Million Naira (N10,000,000) severally and
MERCHANT SHIPPING (SHIP
imprisonment for a period not exceeding two years or
GENERATED MARINE WASTE
both RECEPTION FACILITIES) REGULATIONS,
2012
Unauthorized Dumping of : Liability is borne by the Ship owner/. Master of the REG.3(B)
(i) dredged material Vessel to the tune of Ten Million Naira (N10, 000,000) MERCHANT SHIPPING (SEA DUMPING)
(ii) sewage sludge or to imprisonment for a period not less than six REGULATIONS, 2012
(iii) fish waste, or material resulting from months or both.
industrial fishing operations
(iv) vessels and platforms or other man-
made structures at sea
(v) inert, inorganic geological material
(vi) organic material of natural origin
(vii) bulky items primarily comprising of iron,
steel, concrete and similarly unharmful
materials carbon dioxide streams from
carbon dioxide capture processes for
sequestration

Willfully providing false or misleading Liability is borne by the maker of such REG.8
information to an officer statement/furnisher of such information and is to the MERCHANT SHIPPING (SEA DUMPING)
tune of Ten Million Naira (N10,000,000) or REGULATIONS, 2012
imprisonment for a term of not more than two years,
or both
Where the offence was committed over a period
exceeding one day, person charged is further liable to a
6
International Sewage Pollution Prevention Certificate
fine of Five Hundred Thousand Naira (N500,000) or
imprisonment for a period not exceeding one month in
respect of every day that the offence was committed.

GLOSSARY
AFS Anti-Fouling System

BWMC Ballast Water Management Convention

BWMP Ballast Water Management Plan

NIMASA Nigerian Maritime Safety and Administration Agency

OPEP Oil Pollution Emergency Plan

ISPPC International Sewage Pollution Prevention Certificate

*“Special Areas” are the Mediterranean Sea area, the Baltic Sea area, and the Antarctic area