Waterways Tax, Control and Licensing of Boats Law

WATERWAYS TAX, CONTROL AND LICENSING OF BOATS LAW

1. Citation. This Law may be cited as Waterways Tax, Control and Licensing of Boats Law.

2. Interpretation. In this Law— “boat” means any vessel whether or not propelled by mechanical power and in eludes any canoe, lighter or barge; “Commissioner” means the Commissioner responsible for Transport in the State; “Governor” means the Governor of Delta State of Nigeria; “State” means Delta State of Nigeria.

3. Licensing of boats. (1) The owner of a boat plying either wholly or partly the State inland waters and canals shall within ten days from the 1st day of January of each year, or if such boat is acquired subsequent to the 1st day of January, then within ten days of such acquisition, register and take out a licence for such boat in accordance with the provisions of this Law. (2) Every such licence shall expire on the 31st day of December next following the day upon which the licence is issued. (3) A licensing officer for the purposes of this part of the Law shall be so designated by the Commissioner. (4) The application for a licence shall be as in Form A in the Schedule to this Law. [Form A Schedule.] (5) Licence granted to any boat owner under this Law shall be in such form as may be approved by the Commissioner, and there shall be paid in respect of such licence the fees as prescribed in Form B of the Schedule by the Commissioner from time to time and to be published in the State Government Gazette. [Form B. Schedule.] (6) Subject to the approval of the Governor of the State, the Commissioner may from time to time alter or amend the fees prescribed in Form B and such alterations or amendments shall be published in the State Official Gazette.

4. Registers to be kept. Each licensing officer shall keep a register which shall contain— (a) the name and address of the owner of every boat registered and licensed by him; (b) a description of the boat; (c) the number of the licence issued and the date of issue; and (d) the number of persons the boat may carry (if any).

5. Loss of licence. If the owner of a boat loses his licence he may obtain a copy thereof from the licensing officer upon the payment by him of the prescribed fee.

6. Identification marks. The owner of every boat required to be licensed shall cause the identification mark, name or serial number of such boat to be painted on each side of the bow and such name or number shall be painted in a colour contrasting with that of the hull and it shall be always maintained so as to be legible. No licence will be granted unless and until such an identifying name or number has been given to a boat.

7. Boats safety equipment. (1) Boats when carrying passengers and when being towed by power driven vessels shall be provided with sufficient buoyant equipment apparatus to provide flotation for the total number of persons carried, and if the towing vessel is also towing another boat of at least similar capacity to that of the passenger-carrying one and which carries passengers, the requirements for buoyant Apparatus may be reduced by nine-tenths. (2) The buoyant apparatus shall be carried on the boat carrying the passengers; but if such boat is being towed alongside a power driven vessel and such vessel has sufficient stability and deck space calculated at the rate of one superficial metre for each person to accommodate all the persons on board together with the total number of persons on the boat then up to one-half of the buoyant apparatus may be carried on board the towing vessel. (3) The buoyant apparatus shall be of a pattern approved by the licensing officer (4) A boat carrying passengers shall have available for use two lifebuoys, one at each end of the boat, and if the boat is being towed alongside then such lifebuoys shall be stowed on the side away from the towing vessel.

8. Boats not to be overloaded. (1) All boats when loaded shall maintain minimum freeboard as follows— (a) lighters and barges with coamings and hatch covers shall at all times maintain a minimum freeboard of five centimetres for every metre of depth; such depth to be measured from the under part of the deck to the flooring on the bottom of the hold amidship; and (b) other boats (including canoes) shall at all times maintain a minimum freeboard eight centimetres for every metre of depth; such depth being measured from the top of the gunwale or wash board to the bottom of the boat. (2) In the case of lighters and barges required to be licensed under this Law, the licensing officer shall ascertain in the manner prescribed in subsection (1) (a) of this section the position of the load line and the owner of such lighter or barge shall paint or cause to be painted on each side of the lighter or barge and thereafter maintained in the position indicated, a broad white line five centimetres in thickness and sixty-one centimetres long, the lowest part of which will indicate the deepest drought to which the boat may be loaded.

9. Number of persons to be carried. (1) No boat shall carry a greater number of persons than may be ascertained as follows— (a) boats (other than canoes), for a voyage of over twelve hours’ duration – one person for each such superficial metre of deck space available; for a voyage of twelve hours duration or less - one person for each four such superficial metres; (b) canoes - for the purpose of ascertaining the number of persons which may be carried in a canoe the following formula shall be used— number of persons— Length x Breadth x Depth x .6 10 length and breadth being measured at the water line. (2) In the case of boats required to be licensed under this Law the licensing officer shall ascertain in the manner prescribed in subsection (1) of this section the number of persons such boats may carry and the owner shall insert or cause to be inserted in the following form cut or painted in some conspicuous place such number of persons as has been ascertained- "Certified to carry .............................................persons".

10. Formula for calculating loaded displacement. For calculating the loaded displacement of lighters and barges for the purpose of this Law, the following formula shall be used?- loaded displacement?- Length x Breadth x Depth x .8 35 in tonnes or Lm x Bm x Dm x .8 Metric tonnes 30

11. Exemption. Fishing craft licensed under the Delta State Fisheries Law, is exempted from the requirements of this Law.

12. Penalty. Any person who contravenes any of the provisions of this Law shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand naira or to imprisonment for a term not exceeding six months.

13. Application. This Law shall apply to all boats plying on all inland waters and navigation canals in which the State has powers to make legislation in connection with navigation. WATERWAYS TAX, CONTROL AND LICENSING OF BOATS LAW FORM A [Section 3 (4).] DELTA STATE OF NIGERIA WATERWAYS TAX, CONTROL AND LICENSING OF BOATS LAW Application for Licence I, ................................................................................ of ...................................................................... hereby apply for a licence to operate in the waterways of the Delta State of Nigeria. 1. Name.......................................................................................................................................

2. Home address..........................................................................................................................

3. Business address................................................................................................................

4. Date boat acquired........................................................................................................

5. Other places where boat is to operate.....................................................................................

6. Type of boat...................................................................................................................

7.Weight of boat.......................................................................................................................... Dated at............................................. on the................... day of.................................. ............... 20...................... ....................................... Signature of Applicant DELTA STATE OF NIGERIA WATERWAYS TAX, CONTROL AND LICENSING OF BOATS LAW Licence for Boat Name of licence holder .......................................................................................................... Address................................................................................................................................................ Class Category............................................................................................................... Licence fee paid................................................................................................................ Expiry date....................................................................................................... Number of persons to be carried.......................................................................................... Identification mark....................................................................................................... ................................................. Director of Transport For: Commissioner for Transport, Delta State FORM B [Section 3 (5).] DELTA STATE OF NIGERIA WATERWAYS TAX, CONTROL AND LICENSING OF BOATS LAW Commercial Crafts Barges are to be charged on their tonnage carrying capacity at full load at the rate of N2.00 per tonne. N:K Up to 51 tonnes......................................................................................100.00 per annum Up to 102 tonnes.................................................................................... 500.00 per annum Up to 203 tonnes.................................................................................... 800.00 per annum up to 305 tonnes...................................................................................1,000.00 per annum up to 406 tonnes...................................................................................1,500.00 per annum up to 508 tonnes.................................................................................. 2,000.00 per annum Up to 610 tonnes...................................................................................2,500.00 per annum Over 610 tonnes, a lump sum rate of....................................................5,000.00 per annum Self-propelled barges, car ferries, houseboats are to be charged as above. Tugs are to be based on the break horse power of their main propulsion engines at the rate of N2 per horse power. Thus, a tug with two engines of 250 B.H. will pay N1,00 per annum. Dredgers will also be charged as for tug. PASSENGERS CRAFTS -- All canoes and powered boats used for passenger or cargoes -- N:K 0-3m length .............................................................................................. 100.00 per annum 3m-6m length............................................................................................ 200.00 per annum 6m - 14m length........................................................................................ 250.00 per annum 14m - 20m length...................................................................................... 300.00 per annum 20m - 30m length...................................................................................... 500.00 per annum 30m - and above........................................................................................ 1,000.00 per annum PRIVATE PERSONNEL CRAFTS -- Privately owned small power driven crafts used purely for pleasure or private journeys ......................................................................................................... 50.00 per annum All State and Federal Government vessels are exempted from such taxes. Exemption stickers shall be issued to such vessels upon payment of exemption application fee of N250.00 only.