Merchant Shipping Acts 1962 & 2007 – Key Provisions

Question-and-Answer flashcards summarising key definitions, responsibilities, restrictions and structural parts of Nigeria’s Merchant Shipping Acts of 1962 and 2007.

What was the main purpose of enacting the Merchant Shipping Act (MSA) in 1962?

To set out and streamline the merchant-shipping aspect of Nigeria’s maritime sector, forming a cornerstone of national shipping policy.

Into how many parts, chapters and sections is the 1962 Merchant Shipping Act divided?

Thirteen parts, one hundred chapters, and 414 sections.

Which Part of the 1962 Act covers interpretation, commencement and application?

Part I (Preliminary).

Under the 1962 MSA, what key restriction is established in Part II?

Restrictions on certain ships trading in Nigerian waters except in specified circumstances and conditions.

How does Section 2(1) of the 1962 MSA define a "master"?

Any person, except a pilot, having command or charge of any ship.

According to Section 2(1) of the 1962 MSA, who qualifies as a "seaman"?

Anyone (except master, pilot, apprentice, or temporary port worker) employed or engaged in any capacity on board a ship.

Which Part of the Act contains rules on the engagement, discharge, wages and welfare of masters and seamen?

Part III – Masters and Seamen.

What topics are regulated under Part IV of the 1962 MSA?

Ship construction, equipment, survey and mandatory life-saving appliances for certification.

How does Section 2(1) of the Act define "load lines"?

Marks indicating the maximum depths to which a ship may be loaded under prescribed circumstances (Part V).

Which certificate must a vessel obtain before proceeding to sea under Part V?

A valid Load Line Certificate (unless legally exempted).

What general topics are addressed in Part VI of the 1962 Act?

Safety: collision prevention, distress signals, reporting accidents, dangerous goods, seaworthiness, overcrowding and overloading.

Where are shipping inquiries and the competent court’s jurisdiction covered in the 1962 MSA?

Part VII (Sections 251–256).

What does "wreck" include under Section 259 of the Act?

Jetsam, flotsam, lagan and derelict found in or on the sea or tidal shore.

How is "salvage" defined in Section 259?

All expenses properly incurred by the salvor in performing salvage services.

What is the primary requirement of Part IX regarding ship registration?

Every Nigerian or Commonwealth ship must be registered (subject to exemptions).

What is a "Nigerian licensed ship" according to Section 360(1)?

Any Nigerian ship licensed under Part X of the MSA.

What restriction is placed on Nigerian licensed ships by Section 360(3)?

They must not proceed outside Nigeria unless expressly permitted in the licence or forced by stress of weather or similar necessity.

Which Part outlines the general liabilities of shipowners?

Part XI (Sections 361–374).

What does Section 374 impose on actions for loss of life or injury?

Time limitations on when claims may be brought.

Which rights are conferred on consignees and endorsees of bills of lading?

Rights of action for loss or damage to goods carried under the bill of lading (Part XI).

What matters are handled in Part XII of the 1962 Act?

Legal proceedings: prosecution of offences, jurisdiction, detention of ships, evidence, and protection of officers.

What does Part XIII (‘Supplemental’) cover?

Administration, appointment of officers/inspectors, document transmission, exemptions, coastal trade, inland water ships, and transitional provisions.

In which year was the Merchant Shipping Act re-enacted, and what remained the overall structural division?

Re-enacted in 2007, still comprising 13 parts, 100 chapters and 414 sections.

Under the 2007 Act, what does Part I chiefly regulate?

Administration of the Act, delegation of power, responsible agency and appointment of officers.

What new provisions does Part II of the 2007 Act add beyond trade restrictions?

Declaration of national character, penalties for foreign ships posing as Nigerian, liabilities of non-recognised ships, national colours, and ship naming rules.

Which themes appear in Part III of the 2007 Act?

Registration and licensing: registry procedures, certificates, transfer/forfeiture, trusts, equitable rights, and registrar powers.

True or False: Parts IV–VIII of the 2007 Act retain the same subject focus as the 1962 Act (construction, load lines, safety, inquiries, wreck & salvage).

True – the subject matter is largely preserved with updated provisions.

What overarching purpose links Parts IV and V in both Acts?

Ensuring vessel safety and seaworthiness through construction standards, equipment, surveys, load lines and certification.

Which section numbers in the 1962 Act address investigations into shipping casualties?

Sections 251–256 (Part VII).