Disaster Management Act

1 No. 24252 GOVERNMENT GAZETTE. 15 JANUARY 100? Act Nu. 57,2002 DISASTER MANAGEMENT ACT, 2002 Powers and duties of National Centre 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. General powers and duties Communication links with disaster management role-players Disaster management information system Gathering of information Disaster management plans and strategies Prevention and mitigation Monitoring, measuring performance plans and prevention, mitigation and response initiatives Giving of advice and Classification and recording of disasters Annual reports guidance and evaluating disaster management Part 2: Powers and duties of national government 25. 26. 27. Preparation of disaster management plans Responsibilities in event of national disaster Declaration of national state of disaster CHAPTER 4 PROVINCIAL DISASTER MANAGEMENT Part I: Provincial disaster management framework 28. Provincial disaster management framework Part 2: Provincial disaster management centres and evaluating disaster management 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Establishment Powers and duties Head of provincial disaster management centre Assistance to National Centre Prevention and mitigation Monitoring, measuring performance plans and prevention, mitigation and response initiatives Disasters occurring or threatening to occur in provinces Annual Part 3: Powers and duties of provincial government Provincial disaster management advisory forum Preparation of disaster management plans Disaster management plans for provinces Responsibilities in event of provincial disaster Declaration of provincial state of disaster CHAPTER 5 MUNICIPAL DISASTER MANAGEMENT Part 1: Municipal disaster management framework 42. Municipal disaster management framework Part 2: Municipal disaster management centres 43. 44. 45. 46. 47. Establishment Powers and duties Head of municipal disaster management centre Assistance to National Centre and provincial disaster management centre Prevention and mitigation reports 30 35 40 45 6 24252 No. GOVERNMENT GAZETTE, 15 J A N U A R Y 2003 Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 48. 49. 50. Monitoring, measuring performance and evaluating disaster management plans and prevention, mitigation and response initiatives Disasters occurring or threatening to occur in municipal areas Annual reports Part 3: Powers and duties of municipalities and municipal entities 5 51. 52. 53. 54. 55. Municipal disaster management advisory forum Preparation of disaster management plans by municipal entities Disaster management plans for municipal areas Responsibilities in event of local disaster Declaration of local state of disaster CHAPTER 6 FUNDING OF POST-DISASTER RECOVERY AND REHABILITATION 56. 57. Guiding principles National contributions to alleviate effects of local and provincial disasters CHAPTER 7 DISASTER MANAGEMENT VOLUNTEERS 58. Disaster management volunteers CHAPTER 8 MISCELLANEOUS 59. 60. 61. 62. 63 64. 65. Regulations Offences Indemnity Scope of assistance by organs of state Phasing in of certain provisions of Act Repeal of Act 67 of 1977 Short title and commencement CHAPTER 1 INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT Definitions

1. In this Act, otherwise- the indicates unless context injury death, “Department” means the department of state referred to in section 8(2); “disaster” means a progressive or sudden, widespread or localised. natural or human-caused occurrence which- ( a ) causes or threatens to cause- or disease; (i) (ii) damage to property, infrastructure or the environment; or (iii) disruption of the life of a community; and (b) is of a magnitude that exceeds the ability of those affected by the disaster to cope with its effects using only their own resources; “disaster management” means a continuous and integrated multi-sectoral. multi-disciplinary process of planning and implementation of measures aimed at- (a) preventing or reducing the risk of disasters; (b) mitigating the severity or consequences of disasters; ( c ) emergency preparedness; (d) a 45 effective and and disasters; to response rapid (e) post-disaster recovery and rehabilitation; 10 15 20 25 30 35 40 8 ~~ No. 24252 Act No. 57,2002 GAZETTE. GOVERNMENT ~ ~~ I5 JANUARY 1003 DISASTER MANAGEMENT ACT, 2002 in terms of section 3 to 20 in relation “district municipality” means a municipality that has municipal executive and legislative authority in an area that includes more than one municipality. and which is described in section 155(1) of the Constitution as a category C municipality: state of readiness which enables organs of “emergency preparedness” means a state and other institutions involved in disaster management, the private sector. communities and individuals to mobilise, organise, and provide relief measures to deal with an impending or current disaster or the effects of a disaster; to a municipality. means a plan “integrated development plan”, envisaged in section 25 of the Local Government: Municipal Systems Act. 2000 (Act No. 32 of 2000); “local disaster” means a disaster classified as a local disaster in terms of section 23; “local municipality” means a municipality that shares municipal executive and legislative authority in its area with a district municipality within whose area it falls. and which is described in section 155(1) of the Constitution as a category B municipality; “MEC” means a Member of the Executive Council of a province; “metropolitan municipality” means a municipality that has exclusive executive and legislative authority in its area, and which is described in section 155( 1) of the Constitution as a category A municipality; “Minister” means administer this Act; “mitigation”. in relation to a disaster, means measures aimed at reducing the impact or effects of a disaster; “municipal disaster management administration of a municipality in terms of section 43; “municipal entity” means a municipal entity defined Government: Municipal Systems Act, 2000; “municipal legislation” means municipal by-laws; “municipal manager” means a person appointed as such in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); “municipal organ of state” means- ( a ) a municipality; (6) a department or other administrative unit within the administration of a municipality, including an internal business unit referred to in section 76(a)(ii) of the Local Government: Municipal Systems Act, 2000: or the Cabinet member designated in section 1 of the Local a centre established centre” means in the ( c ) a municipal entity; “National Centre” means the National Disaster Management Centre established by section 8( 1); “national disaster” means a disaster classified as a national disaster in terms of section 23; “national disaster management framework” means the national disaster manage- ment framework prescribed in terms of section 6; “national organ of state” means a national department or national public entity defined in section 1 of the Public Finance Management Act. 1999 (Act No. 1 of 1999): “organ of state” means a national, provincial or municipal organ of state; “post-disaster recovery and rehabilitation” means efforts, including development. aimed at creating a situation where- ( a ) normality in conditions caused by a disaster is restored; (b) the effects of a disaster ( c ) circumstances are created that will risk of a similar mitigated; or reduce the disaster are occurring; “prescribe” means prescribe by regulation in terms of section 59; “prevention”. in relation to a disaster, means measures aimed at stopping a disaster from occurring or preventing an occurrence from becoming a disaster; “provincial disaster” means a disaster classified as a provincial disaster in terms of section 23; “provincial disaster management centre” means administration of a province in terms of section 29( 1); “provincial organ of state” means a provincial department or provincial public entity defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999); a centre established in the 5 1 0 15 35 30 35 40 45 50 55 60 I O ~ No. 23252 Act No. 57, 2002 GOVERNMENT GAZETTE. IS JANEARY XO.; DISASTER MANAGEMENT ACT. 2001 “response”. in relation to a disaster, means measures taken during or immediatel!. after a disaster in order to bring relief to people and communities affected by the disaster; ”statutory functionary” means a person performing a function assigned person by national, “this Act” includes any regulations made in terms of section 59; “vulnerability” means community or an area may be adversely affected by a disaster. the degree to which an individual, a household. or municipal legislation; provincial to that a 5 Application of Act 2. (1 ) This Act does not apply to an occurrence falling within the definition of 10 “disaster” in section 1- ( n ) if, and from the date on which, a state of emergency is declared to deal with that occurrence in terms of the State of Emergency Act. 1997 (Act No. 64 of 1997): or to the extent that that occurrence can be dealt with effectively in terms of other 15 national legislation- (i) aimed the risk, and addressing the consequences. of at reducing ibl occurrences of that nature; and identified by the Minister by notice in the Gazette. ( 2 ) The Minister may. in consultation with Cabinet members responsible (ii) for the 20 administration of national legislation referred to in subsection (1)lb). issue guidelines on the application of that subsection. (3) Where provincial legislation regulating disaster management in a province is to inconsistent with this Act. this Act prevails over the provincial legislation subject section 146 of the Constitution. 25 Administration of Act

3. This Act is administered by a Cabinet member designated by the President. CHAPTER 2 INTERGOVERNMENTAL STRUCTURES AND POLICY FRAMEWORK Intergovernmental Committee on Disaster Management 30 4. ( I ) The President must establish an Intergovernmental Committee on Disaster Management consisting of- ( a ) Cabinet members involved in disaster management or the administration of legislation referred to in section 2( I)(b); ( b ) MECs of each province involved in disaster management or the implementa- 35 tion of legislation referred to in section 2( 1 )(O) in their respective provinces. selected by the Premier of the province concerned: and ( c ) members of municipal councils, selected by the South African Local Government Association. ( 2 ) The chairperson the is Minister (3) The Committee- Committee. of the ( a ) must give effect to the principles of co-operative government in Chapter 3 of the Constitution on issues relating to disaster management; (0) is accountable and must report to Cabinet on the co-ordination of disaster among management the spheres of government; 10 15 (c) must advise and make recommendations to Cabinet- (i) on issues relating to disaster management; and (ii) on the establishment of a national framework for disaster management to disaster aimed at ensuring an integrated and uniform approach management in the Republic by all national, provincial and municipal 50 12 GOVERNMENT No. 21252 GAZETTE. 13 JANUARY ZOO3 Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 organs of state. statutory involved in disaster management, the private sector. communities and individuals. functionaries, non-governmental institutions National Disaster Management Advisory Forum 5. (1) The Minister must establish a National Disaster Management Advisory Forum 5 consisting of- ( a ) the Head of the National Centre; (b) a senior representative of each national department whose Minister is a member of the Intergovernmental Committee on Disaster Management. designated by that Minister; (c) a senior representative of each provincial department whose MEC is a 10 member of that Committee, designated by that MEC; ( d ) municipal officials selected by the South African Local Government Association: ( e ) representatives of other disaster management role-players designated by the 15 the Chamber of Mines; Minister, which may include- (i) organised business: (ii) (iii) organised labour: (iv) the insurance industry: (v) organised agriculture; (vi) traditional leaders; (vii) religious and welfare organisations; (viii) medical, paramedical and hospital organisations; 20 (ix) organisations representing disaster management professions in South 25 Africa; (x) other relevant non-governmental and international organisations and relief agencies; (xi) statutory bodies regulating safety standards (xii) institutions of higher education: (xiii) institutions that can provide and in particular industries; 30 scientific and technological advice or support tc disaster management; ( f ) experts in disaster management designated by the Minister: and ( 8 ) persons co-opted by the Forum for a specific period or specific discussions. (2) The Head of the National Centre (3) ( a ) The Forum is a body in which national, provincial and local government and is the chairperson of the Forum. 35 other disaster management role-players consult one actions on matters relating to disaster management. another and co-ordinate their ( b ) In performing the functions referred to in paragraph (a). the Forum- (i) must make recommendations concerning the national disaster management 10 framework to the Intergovernmental Committee on Disaster Management: and (ii) may advise any organ organisation or community or the private sector disaster of state, statutory functionary. non-governmental to on any matter relating 35 National disaster management framework 6. ( 1) The Minister, by notice in the Gazerre- (a) must prescribe account- (i) any recommendations of the Intergovernmental Committee on Disaster 50 a national disaster management framework. taking into Management made in terms of section 4: and (ii) comments by the public submitted as a result of a publication in terms of subsection (2); and ( 6 ) may, from time to time, amend the national disaster management framework. (2) Before prescribing or amending the national disaster management framework. the 55 Minister must publish particulars of the proposed Gazette for public comment. framework or amendment in the management. I 4 No. 24252 GOVERNMENT GAZETTE. I5 J.ANL'.ARY 200.3 Act No. 57.2002 DISASTER MANAGEMENT ACT. 2002 Contents of national disaster management framework 7. ( 1 ) The national disaster management framework must provide a coherent, transparent and inclusive policy on disaster management appropriate for the Republic as a whole. ( 2 ) The national disaster management framework must reflect a proportionate emphasis on disasters of different kinds, severity and magnitude that occur or may occur in southern Africa, place Yulnerability of disaster-prone areas, communities and households. and must- emphasis on measures that reduce the of disaster and mitigation as the core principles in international disaster management: guide the development and implementation of disaster management envis- aged by this Act; establish prevention management; facilitate- (i) South Africa's co-operation (ii) regional co-operation in disaster management in southern Africa: and (iii) the establishment of joint standards of practice; give effect to the application of co-operative governance on issues concerning disasters and disaster management among the spheres of government and- (i) determine the relationship between the sphere of government exercising primary responsibility of a disaster in terms of sections 26( l), 40( 1) and 54( 1) or (2) and the spheres of government performing supportive roles; (ii) allocate specific responsibilities in this regard guide the development and implementation of disaster management within national, provincial and municipal organs of state on a cross-functional and multi-disciplinary basis and allocate responsibilities in this regard to different organs of state: facilitate- (i) the involvement of the private sector, non-governmental organisations. co-ordination and management to the different spheres: for the 5 10 15 20 25 traditional leaders, technical experts and volunteers in disaster manage- ment; 30 (ii) community participation in disaster management; and (iii) partnerships for purposes of subparagraphs (i) and (ii) between organs of and the private sector, non-governmental organisations state and communities; education. capacity building. incentives for such building. training and facilitate disaster management capacity including in schools, and provide training and education: promote disaster management research; guide the development of a comprehensive information management system; take into account indigenous knowledge relating to disaster mana, nement; provide a framework within which organs of state may fund disaster management with specific emphasis on preventing or reducing the risk of to post-disaster recovery and disasters, including rehabilitation and payment to victims of disasters and their dependants: address the requirements for co-operation different spheres of government, the private sector, non-governmental orpanisations and communities; and and co-ordination between the grants to contribute management. disaster ( m ) provide key performance indicators in respect of the various aspects of 35 40 35 S O CHAPTER 3 NATIONAL DISASTER MANAGEMENT Part 1: National Disaster Management Centre Establishment 8. ( 1 ) A National Disaster Management Centre is established as an institution within 55 the public service. ( 2 ) The National Centre forms part of, and functions within. a department of state for which the Minister is responsible. 16 No. 24252 GAZETTE. GOVERNMENT

15 JANUARY ZOO3 Act No. 57,2002 DISASTER MANAGEMENT ACT. 7002 Objective

9. The objective of the National Centre is to promote an integrated and co-ordinated system of disaster management, with special emphasis on prevention and mitigation. national, provincial and municipal organs of state, statutory functionaries. other and management role-players communities. in disaster involved by S Appointment of Head Administration 10. (1) The Minister must, subject to subsection (2) and legislation governing the public service, appoint a person as the Head of the National Centre. (2) A person appointed as the Head of the National Centre holds Department on terms and conditions set out in must include terms and conditions setting performance standards. office in the a written employment contract which I O Acting Head

11. When the Head of the National Centre is absent or otherwise unable to perform the functions of office, or during a vacancy in the office of Head of the National Centre. the Director-General of the Department may designate another person in the service of. or seconded to, the Department to act as Head of the National Centre. IS Responsibilities of Head 12. (1) The Head of the National Centre- (a) is responsible for the exercise by the National Centre of its powers and the 20 performance of its duties; and (b) takes all decisions of the National Centre in the exercise of its powers and the performance of its duties, except decisions of the National Centre taken in consequence of a delegation or assignment in terms of section 14. (2) The Head of the National Centre performs the functions of office subject to section 2.5 lS(3). Staff 13. (1) The staff of the National Centre consists of- (a) the Head of the National Centre; and (b) persons in the service of the Department designated by the Director-General 30 of the Department to perform the duties of the National Centre. (2) An employee of an organ of state or other organisation may be seconded to the National Centre by agreement between the Director-General of the Department and that organ of state or organisation. ( 3 ) Persons seconded to the National Centre perform their functions of office subject 35 to the control and direction of the Head of the National Centre. Delegation or assignment 14. (1) The Head of the National Centre may, in writing, delegate any of the powers or assign any of the duties entrusted to the National Centre in terms of this Act to- ( a ) a member (b) a provincial disaster management centre, Centre; of the staff of National the by agreement with the MEC responsible for the department in which the centre is located: or (c) a municipal disaster management centre, by agreement with the municipality concerned. (2) A delegation or assignment in terms of subsection (1)- 40 45 I GAZEITE. GOVERNMENT 24252 No. 18 15 JANUARY 200.7 Act No. 57,2002 DISASTER MANAGEMENT 2002 ACT, ( a ) is subject to the limitations or conditions that the Head of the National Centre may impose; and (b) does not divest the Head of the National Centre of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty. 5 (3) The Head of the National Centre may confirm, vary or revoke any decision taken in consequence of a delegation or assignment in terms of subsection (I), but no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision. duties and Powers Centre of National IO General powers and duties 15. (1) The National Centre must, subject to other provisions of this Act, do all that is necessary to achieve its objective as set out in section 9, and. for this purpose- ( a ) must specialise in issues concerning disasters and disaster management; (6) must monitor whether organs of state and statutory functionaries comply with this Act and the national disaster management framework and must monitor progress with post-disaster recovery and rehabilitation; ( c ) must act as a repository of. and conduit for, information concerning disasters, 15 impending disasters and disaster management; (dl may act as an advisory and consultative body on issues concerning disasters 20 and disaster management 1.0- (i) organs of state and statutory functionaries; (ii) the private sector and non-governmental organisations; (iii) communities and individuals; (iv) other governments and institutions in southern Africa: and 25 ( e ) must make recommendations regarding the funding of disaster management and initiate and facilitate efforts to make such funding available; cf, must make recommendations to any relevant organ of state or statutory functionary- (i) on draft legislation affecting this Act, the national disaster management 30 framework or any other disaster management issue; (ii) on the alignment of national, provincial or municipal legislation with this Act and the national disaster management framework; or (iii) in the event of a national disaster, on whether a national state of disaster should be declared in terms of section 27; (g) must promote the recruitment, training and participation of volunteers in disaster management; (11) must promote disaster management capacity building, training and education throughout the Republic, including in schools, and, to the extent that it may be appropriate, in other southt:m African states; (ij must promote research into all aspects of disaster management; ( j ) may assist in the implementation of legislation referred to in section 2( 1 )(b) to the extent required by the administrator of such legislation and approved by the Minister; and 35 40 ( k ) may exercise any other powers conferred on it, and must perform any other 45 duties assigned to it in terms of this Act. ( 2 ) The National Centre may- (a) engage in any lawful activity, whether alone or together with any other organisation in the Republic or elsewhere, aimed at promoting the effective exercise of its powers or the effective performance of its duties; 50 (b) exchange information relevant to disaster management with institutions performing functions similar to those of the National Centre in the Republic and elsewhere. (3) The National Centre must exercise its powers and perform its duties- ( a ) within the national disaster management framework; (b) subject to the directions of the Minister; 55 20 No. 24252 GAZETTE. GOVERNMENT I5 JASU.ARY 200.7 Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 (c) in accordance with the administrative instructions of the Director-General of the Department; and ( d ) subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999). (4) The National Centre must liaise and co-ordinate its activities with the provincial and municipal disaster management centres. Communication links with disaster management role-players 16. (1) The National Centre must- ( a ) develop and maintain a directory of institutional role-players that are or should be involved in disaster management in southern Africa showing- (i) their names, telephone and fax numbers and physical. postal and 10 electronic addresses; (ii) particulars of their involvement in disaster management: and (iii) the nature, capacity and location of emergency and relief senices under their control; and (b) establish effective communication links with contact persons identified by 15 those role-players. (2') The directory must include p,articulars of- all national, provincial and municipal organs of state and statutory function- aries involved in disaster management; non-governmental organi,sations involved disaster management experts in South Africa; private sector organisations with specialised equipment. skills or knowledge relevant to disaster management; private sector voluntary agencies involved in disaster management: and foreign non-governmental involved in disaster management in southern Africa. organisations and international organisations in disaster management: (3) The National Centre must e&blish communication links with foreign disaster management agencies. including institutions performing functions similar information and performed by the National Centre, to exchange of disaster management. international expertise in and assistance in respect to those to have access to Disaster management information system 17. (1) The National Centre must act as a repository of. and conduit for. information concerning disasters and disaster management, and, must for this purpose- such (a) collect information on all aspects of disasters and disaster management; (b) process and analyse (c) develop and maintain an electronic database envisaged in subsection (3): and ( d ) take steps to disseminate such information, especially to communities that are information; 20 25 3 0 35 vulnerable to disasters. (2) The electronic database developed by the National Centre must contain extensive information concerning disasters that occur or may occur in southern Africa and disaster 40 management issues, including information on- ( a ) phenomena, occurrences, activities and circumstances that cause or aggravate disasters; (b) risk factors underlying disasters and ways and means to reduce such risks; (c) recumng occurrences loss, but which are not classified as 35 that result in disasters in terms of this A.ct; (d) prevention and mitigation; ( e ) early warning systems; (jJ (g) indigenous knowledge relating to (12) areas and communities that are particularly vulnerable to disasters: management; to in section 16 and the names and disaster the directory of role-players referred particulars of their respective contact persons; emergency response local spheres of government and in the non-government sectors. including the and other relevant information relating location and size of, (i) police (ii) hospitals, resources and capacity in the national. provincial and clinics and other health institutions: stations; to- 50 55 (i) 22 No. 242.52 GAZETTE. GOVERNMENT 15 JANUARY 200.1 Act No. 57,2002 DISASTER MANAGEMENT ACT. 2001- (iii) emergency medical services; (iv) school, church and public buildings and other facilities that could be used as emergency shelters or hospitals in the event of a disaster; (v) fire-fighting services; and (vi) airports, airstrips, ( j ) emergency response resources harbours, seaports railway and stations; 5 and capacity in neighbouring states and relevant international relief agencies; ( k ) emergency preparedness in the different spheres of government; (1) each disaster classified by the National Centre in terms of section 23. including the assessment of the National Centre information recorded in thl: register referred to in subsection (I)(c) of that section; and of the disaster and the 10 (m) research and training facilities for disaster management disciplines. (3) The National Centre must take reasonable to accessible person free of charge. electronically any steps to ensure that the database is (4) Subsection (3) does not prevent the National Centre from- ( a ) establishing security safeguards to protect the database from abuse; and ( b ) classifying parts of the dat,abase as restricted areas in consultation with the to persons authorised by the limiting access to those parts Minister, and Minister. Gathering of information 18. ( 1 ) The National Centre may, in writing. request any organ of state or person in possession of information reasonably required by the National Centre for the purpose of section 16 or 17, to provide such information to the National Centre within a reasonable period National Centre. by the determined ( 2 ) If an organ of state fails to comply with a request. the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with the request, including reporting the failure to Parliament. Disaster management plans and strategies

19. The National Centre must- (a) develop guidelines for the preparation. and regular review and updating, of other disaster management institutional role-players involved in disaster management; by organs of state and plans and strategies (b) support and assist in the preparation, and regular review and updating, of these by organs of state and other institutional role-players plans and strategies involved in disaster management; 15 20 25 30 35 (c) assist in aligning these plans and strategies; (d) assist in co-ordinating the implementation of these plans and strategies by the respective organs of state and other role-players; (e) develop guidelines for the integration of the concept and principles of disaster 40 management, and particularly strategies on prevention and mitigation, with national, provincial initiatives; and support and assist in the integration referred to in paragraph ( e ) . and municipal development plans, programmes and (J) Prevention and mitigation 35 20. (1) The National Centre, to the extent that it has the capacity, must give guidance to organs of state, the private sector, non-governmental organisations, communities and individuals to assess and prevent or reduce the risk of disasters, including- ( a ) ways and means of- levels determining (i) (ii) assessing the vulnerability of communities and households to disasters of risk; 50 that may occur; (iii) increasing the capacity of communities and households to minimise the risk and impact of disasters that may occur; and 24 ~~ No. 24252 Act KO. 57,2002 GOVERNMENT GAZETTE. 15 JANUARY 200.7 DISASTER MANAGEMENT ACT. 2002 (iv) monitoring the likelihood of, and the state of alertness to, disasters that may occur; (b) the development and implementation of appropriate prevention and mitiga- (c) tion methodologies; the integration of prevention and mitigation methodologies with development plans, programmes and initiatives; and ( d ) the management of high-risk developments. 5 ( 2 ) The National Centre must promote formal and informal initiatives that encourage individuals. and risk-avoidance behaviour by organs of state, the private sector, non-governmental organisations, communities 10 Monitoring, measuring performance and evaluating disaster management plans and prevention, mitigation and response initiatives

21. The National Centre must- ( a ) monitor- (i) progress with the preparation and regular updating in terms of sections 15 25, 38, 39, 52 and 53 of disaster management plans and strategies by organs of state involved in disaster management: (ii) formal and informal prevention, mitigation and response initiatives by organs of state, the private sector, non-governmental organisations and communities, including the integration of these initiatives with develop- 20 ment plans; and (iii) compliance with key performance indicators envisaged by section 7(2)(m): and ( b ) from time to time, measure performance and evaluate such progress and initiatives. Giving of advice and guidance

22. The National Centre may give advice and guidance by- ( a ) publishing guidelines and recommendations in the Gaxtre or a provincial gazette; (6) interacting specific with (c) disseminating information; ( d ) conducting workshops; ( e ) facilitating access to its electronic database: and cf) role-players and individuals: acting in any other way approved by the Director-General of the Department. Classification and recording of disasters 25 3 0 35 23. ( I ) When a disastrous event occurs or threatens to occur. the National Centre must, for the purpose of the proper application of this Act, determine whether the event should be regarded as a disaster in teIms of this Act, and if so. the National Centre must immediately- ( a ) assess the magnitude and severity or potential magnitude and severity of the 40 disaster; (6) classify the disaster as a local, provincial or national disaster in accordance with subsections (4), (5) and (6); and ( c ) record the prescribed particulars concerning the disaster in the prescribed register. (2) When assessing the magnitude and severity or potential magnitude and severity of a disaster, the National Centre- and (a) must consider any information and recommendations concerning the disaster received from a provincial or municipal disaster management centre in terms of section 35 or 49; (b) may enlist the assistance of an independent assessor to evaluate the disaster on site. (3) The National Centre may reclassify a disaster classified in terms of subsection (l)(b) as a local, provincial or national disaster at any time after consultation with the relevant provincial or municipal disaster management centres, severity or potential magnitude and severity of the disaster is greater or lesser than the initial assessment. if the magnitude and (4) A disaster is a local disaster if-- 45 50 55 26 No. 24152 GAZETTE. GOVERNMENT IS J A N L l h R ’ I 3 N . q Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 ( a ) it affects a single metropolitan. district or local municipality only: and (6) the municipality concerned, or, if it is a district or local municipality. that municipality either alone or with the assistance of local municipalities in the area of the district municipality is able to deal with it effectively. ( 5 ) A disaster is disaster provincial a ( a ) it affects- if- (i) more than one metropolitan or district municipality in the same province: (ii) a single metropolitan or district municipality that metropolitan municipality, or that district municipality with the assis- tance of the local municipalities within its area. is unable to deal with it effectively; or in the province and (iii) a cross-boundary municipality in respect of which only one province exercises executive authority as envisaged by section 90(3)(a) of the (Act No. 117 of Local Government: Municipal Structures Act, 1998 1998); and 5 I O 15 (b) the province concerned is able to deal with it effectively. (6) A disaster is a national disaster if it affects- ( a ) more than one province: or f b ) a single province which is unable to deal with it effectively. (7) Until a disaster is classified in 1.erms of this section. the disaster must be regarded 20 as a local disaster. (8) The classification of a disaster in terms of this section designates primary responsibility the co-ordination and management of the disaster, but an organ of state in another sphere may assist the sphere having primary responsibility to deal with the disaster and its consequences. sphere of government for to a particular 25 Annual reports 24. ( 1 ) The National Centre must submit a report annually to the Minister on- ( a ) its activities during the year; (b) the results of its monitoring of prevention and mitigation initiatives; ( c ) disasters occurred that (d) the classification, magnitude and severity of these disasters; ( e ) the effects they had; (f) particular problems that were experienced- (i) in dealing with these disasters: and (ii) generally in implementing this Act and the national disaster management 35 during the year in each province; 30 framework; ( g ) the way in which these problems were addressed and any recommendations the National Centre wishes to make in this regard: ( h ) progress with the preparation and regular updating in terms of sections 25.38. 39, 52 and 53 of disaster management plans and strategies by organs of state 40 involved in disaster management; and ( i ) an evaluation of the implementation of such plans and strategies. ( 2 ) The Minister must submit the report to Parliament within 30 days after receipt of the report from the National Centre. ( 3 ) The National Centre must, at the same time that its report is submitted to the 15 Minister in terms of subsection ( l ) , submit a copy of that report to each provincial and municipal disaster management centre. Part 2: Powers and duties of national government Preparation of disaster management plans 25. (1 ) Each national organ of state indicated in the national disaster management SO framework must- ( a ) prepare a disaster management plan setting out- (i) the way in which the concept and principles of disaster management are to be applied in its functional area; 28 GAZETTE. GOVERNMENT No. 24252 I5 JANLIAR" 200.; Act No. 57.2002 DISASTER MANAGEMENT ACT. 2002 (ii) its role and responsibilities in terms of the national disaster management framework; (iii) its role and responsibilities regarding emergency response and post- disaster recovery and rehabilitation; its capacity to fulfil its (iv) ( v ) particulars of its disaster management strategies: and (vi) contingency strategies and emergency procedures responsibilities; role and in the event of a disaster. including me.asures to finance these strategies: (b) co-ordinate and align the inlplementation of its plan with those of other organs role-players; and institutional (c) regularly review and update its plan. of state and (2) The disaster management plan of a national organ of state referred to in subsection (1) must form an integral part of its planning. (3) ( a ) A national organ of state must submit a copy of its disaster management plan and of any amendment to the plan to the National Centre. ( h ) If a national organ of state fails to submit a copy of its disaster management plan or of any amendment to the plan in terms of paragraph (a), the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with that paragraph. including reporting the failure to Parliament. Responsikilities in event of national disaster 5 I O 15 20 26. ( 1 ) The national executive for the co-ordination and management of national disasters irrespective of whether a national state of disaster has been declared in ternis of section 27. is primarily responsible (2) The national executive must deal with a national disaster- ( a ) in terms of existing legislation and contingency arrangements. if a national 25 state of disaster has not been declared in terms of section 37( 1 ): or ( 6 ) in terms of existing legislation and contingency arrangements as augmented by regulations or directions made or issued in terms of section 27(2). if a national state of disaster has been declared. (3) This section does not preclude a provincial or municipal organ of state from 30 providing assistance to the national executive to deal with a national disaster and its consequences. and the national executive, in exercising its primary responsibility. must act in close co-operation with the other spheres of government. Declaration of national state of disaster 27. ( 1 ) In the event of a national disaster, the Minister may. by notice in the Ga,-ettr. 35 declare a national state of disaster if-- ( a ) existing legislation and contingency arrangements do not adequately provide for the national executive t o deal effectively with the disaster: or (b) other special circumstances warrant the declaration of a national state disaster. of 1 0 (2) If a national state of disaster has been declared in terms of subsection ( 1 1. the Minister may, subject to subsection (3), and after consulting the responsible Cabinet issue directions or authorise the issue of directions member. make regulations or concerning- ( a ) the release of any available resources of the national government. including 15 stores, equipment. vehicles and facilities; (b) the release of personnel of a national organ of state for the rendering of emergency services; ( c ) the implementation management plan that are of all or any of the provisions of a national disaster applicable in the circumstances; (d) the evacuation to temporary shelters of all or part of the population from the is necessary for the if such action disaster-stricken or threatened area preservation of life; ( e ) the regulation of traffic to. from or within the disaster-stricken or threatened area; (f) the regulation of the movement of persons and goods to, from or within the disaster-stricken or threatened area; 50 5S 30 GOVERNMENT No. 24252 GIZETTE. I5 J..\NCr\R)' 2002 - Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 ( g ) the control and occupancy of premises in the disaster-stricken or threatened area; ( h ) the provision, control or use of temporary emergency accommodation: (i) the suspension or limiting of the sale. dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area: the maintenance or installation of temporary lines of communication to. from or within the disaster area; (j) emergency procurement procedures; ( k ) the dissemination of information required for dealing with the disaster: (I) (m) the facilitation of response and post-disaster recovery and rehabilitation: ( n ) other steps that may be necessary to prevent an escalation of the disaster. or to alleviate. contain and minimise the effects of the disaster; or (0) steps to facilitate international assistance. ( 3 ) The powers referred to in subsection (2) may be exercised only to the extent that this is necessary for the purpose of-- (a) assisting and protecting the public; ( b ) providing relief to the public; (c) protecting property; ( d ) preventing or combating disruption: or ( e ) dealing with the destructive and other effects of the disaster. -5 1 0 15 70 (4) Regulations made in terms of subsection (2) may include regulations prescribing penalties for any contravention of the regulations. (5) A national state of disaster that has been declared in temx of subsection ( 1 )- ( a ) lapses three months after it has been declared; ( b j may be terminated by the Minister by notice in the Grr:ettp before it lapses in 75 terms of paragraph f a ) : and ( c ) may be extended by the Minister by notice in the Ga:erte for one month at a time before it lapses in terms of paragraph ( ( I ) or the existin, Q extension is due to expire. CHAPTER 4 30 PROVINCIAL DISASTER MANAGEMENT Part 1: Provincial disaster management framework Provincial disaster management framework 28. (1) Each province must establish and implement a framework for disaster management in the province aimed at ensuring an integrated and unifornl approach to 35 disaster management in the province statutory functionaries. non-governmental organisations involved in disaster manage- ment in the province and by the private sector. by all provincial organs of state, provincial (2) A provincial disaster management framework must be consistent with the provisions of this Act and the national disaster management framework. (3) ( a ) A provincial disaster management framework, or any amendment thereto. must be published in the relevant provincial gazette. (b) Before establishing or amending a provincial disaster management framework, particulars of the proposed framework or amendment must be published in the relevant for provincial gazette public comment. 40 45 Part 2: Provincial disaster management cerltres Establishment Powers and duties 30. (1) A provincial disaster management centre- 32 No. 24253 GOVERNMENT GAZETTE. 15 JAiXLl.4R)' 200.3 Act No. 57,2002 DISASTER ]MANAGEMENT ACT. 2002 ( a ) must specialise in issues concerning disasters and disaster management in the province; ( b ) must promote an integrateld and co-ordinated approach to disaster manage- ment in the province, with special emphasis on prevention and mitigation. by- (i) provincial organs of state in the province; and (ii) other role-players involved in disaster management in the province: (c) must act as a repository of, and conduit for, information concerning disasters. 5 impending disasters and dilsaster management in the province; (d) may act as an advisory and consultative body on issues concerning disasters 10 and disaster management in the province to- (i) organs of state and statutory functionaries: (ii) the private sector and non-governmental organisations; and (iii) communities and individuals; ( e ) must make recommendations regarding the funding of disaster management 15 in the province, and initiate and available: facilitate efforts to make such funding rfl may make recommendations to any relevant organ of state or statutory functionary- (i) on draft legislation affecting this Act. the national disaster management framework or any other disaster management issue: (ii) on the alignment of provincial or municipal legislation with this Act and (iii) the national disaster management framework; or in the event of a provincial disaster, disaster should be declared in terms of section 41; on whether a provincial state of (g) must promote the recruitment, training and participation of volunteers in disaster management in the province; ( h ) must promote disaster management capacity building, training and education. including in schools, in the province; 20 25 (i) may promote research into all aspects of disaster management in the province: ( j ) may give advice and guidance by disseminating information regarding 30 disaster management vulnerable to disasters; in the province, especially to communities that are ( k ) may exercise any powers and must perform any duties delegated and assigned to it in terms of section 14; and ( I ) may assist in the implementation of legislation referred to in section 3( 1 ) ( h j to the extent required by the administrator of such legislation and approved by the MEC responsible for the department in which the centre is located. ( 2 ) A provincial disaster management centre may engage in any lawful activity in the province, whether alone or together with any other organlsation. aimed at promoting the proper exercise of its powers or performance of its duties, ( 3 ) A provincial disaster management centre must exercise its powers and perform its duties- ( a ) within the national disaster management framework and disaster management framework referred to in section 28; the provincial ( b ) subject to the policy directions of the MEC responsible for disaster management in the province acting within the national disaster management framework and the provincial disaster management framework; in accordance with the administrative instructions of the head of the provincial department in which it is located; and (c) 35 40 45 50 (d) subject to the Public Finance Management Act, 1999. (4) A provincial disaster management centre must liaise and co-ordinate its activities with the National Centre and the municipal disaster management centres in the province. Head of provincial disaster management centre 31. (1) The MEC responsible for the department in which a provincial disaster 55 management centre is located must, subject to subsection ( 2 ) and legislation governing the public service. appoint a person as the head of the provincial disaster management centre. ( 2 ) A person appointed as the head of a provincial disaster management centre holds office on terms and conditions set out in a written employment contract which must include terms and conditions setting performance standards. ( 3 ) The head of a provincial disaster management centre- 60 31 No. 21252 GAZETTE. GOVERNMENT IS JANUARY 2007 Act No. 57.2002 DISASTER MANAGEMENT ACT. 2002 (a) is responsible for the exercise by the centre of its powers and the performance of its duties; and ( b ) takes all decisions of the centre in the exercise performance of its duties. except decisions consequence of a delegation by the head of the centre. of its powers and the taken by another person in 5 (4) The head of a provincial disaster management centre performs the functions of office sub-ject to section 30(3). Assistance to National Centre 32. ( 1 ) A provincial disaster management centre must assist the National Centre. at the Centre. National request of the t o - 10 (a) identify and establish communication links with provincial organs of state and other disaster management role-players in the province for the purposes of section 16: ( b ) develop and maintain the disaster management electronic database envisaged in section 17 in so far as the database applies to the province: and 15 (c) develop guidelines in terms of section 19 for the- (i) preparation and regular review of disaster management plans and strategies, including contingency plans and emergency procedures; and (ii) the integration of the concept and principles of disaster management. and particularly prevention and mitigation strategies, with development plans and programmes. (2) ( a ) A provincial disaster management centre may, in writing. request any provincial organ of state or person in possession of information reasonably required by that centre for the purpose of subsection (l)(a) or (6). to provide such information to the centre within a determined period reasonable by the centre. ( 6 ) If a provincial organ of state fails to comply with a request. the provincial disaster management centre must report management in the province, who must take such steps as may be necessary to secure compliance with the request. including reporting the failure to the provincial legislature. the failure to the MEC responsible for disaster Prevention and mitigation 20 25 3 0 33. ( I ) A pro\,incial disaster management centre. to the extent that it has the capacity, sector. non-go\.ernmental to assess and prevent or must give guidance organisations. communities and individuals reduce the risk of disasters. including- to organs of state, the private in the province ( c r ) ways and means of- (i) determining (ii) assessing the vulnerability of communities and households to disasters levels of risk; 35 (iii) that may occur; increasing the capacity of communities and households to minimise the that risk and impact of disasters may occur; and 30 (iv) monitoring the likelihood of. and the state of alertness to. disasters that may occur; (17) (c) the development and implementation tion methodologies; the integration of prevention and mitigation methodologies with development 45 plans, programmes and initiatives; and (d) the management of high-risk developments. of appropriate prevention and mitiga- ( 2 ) A provincial disaster management centre must promote formal and informal initiatives that encourage risk-avoidance behaviour by organs of state, the private sector, non-governmental organisations. communities and individuals in the province. 50 Monitoring, measuring performance and evaluating disaster management plans and prevention. mitigation and response initiatives

34. A provincial disaster management centre must- (a) monitor- (i) progress with the preparation and regular updating in terms of sections 55 38, 39. 52 and 53 of disaster management plans and stratesies by 36 No. 24252 GOVERNMENT GAZETTE. 15 JANUARY 2007 Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 provincial and municipal organs of state involved in disaster manage- ment in the province; (ii) formal and informal prevention, mitigation and response initiatives by provincial and municipal organs of state, the private sector, non- governmental organisations and communities, including the integration of these initiatives with development plans; and in the province with key performance indicators (iii) the compliance envisaged by section 7(2)(m): and ( b ) from time to time, measure performance and evaluate such progress and initiatives. Disasters occurring or threatening to occur in provinces 5 10 35. (1) When a disastrous event occurs or threatens to occur in a province, the disaster management centre of the province concerned must determine whether the event should be regarded as a disaster in terms of this Act, and. if so. the centre must immediately- ( a ) initiate efforts to assess the magnitude and severity or potential magnitude and 15 severity of the disaster; ( b ) inform the National Centre of the disaster and its initial assessment of the magnitude and severity or potential magnitude and severity of the disaster: (c) alert disaster management role-players in the province that may be of and circumstances; assistance in the 90 (d) initiate the implementation of any contingency plans and emergency procedures that may be applicable in the circumstances. ( 2 ) When informing the National Centre in terms of subsection (I)(b), the provincial disaster management centre may make such recommendations regarding the classifica- as tion of the disaster appropriate. may be 25 Annual reports 36. (1 ) The disaster management centre of a province must submit a report annually is located. to the MEC responsible for the provincial department in which the centre the during activities year; its the results of the centre's monitoring of prevention and mitigation initiatives: disasters that occurred during the year in the province; the classification, magnitude and severity of these disasters; the effects they had; particular (i) in dealing with these disasters; and (ii) generally in implementing this Act and the national disaster management experienced- were that problems framework; centre regard; wishes to make in this the way in which these problems were addressed and any recommendations the progress with the preparation and regular updating in terms of sections 38 and 39 of disaster management plans and strategies by provincial organs of state involved in disaster management in the province; and an evaluation of the implementation of such plans. 30 35 40 ( 2 ) The MEC must submit the report to the provinciailegislature within 30 days after 15 receipt of the report from the provincial disaster management centre. (3) The provincial disaster management centre must, at the same time that its report is submitted to the relevant MEC in terms of subsection (l), submit a copy of that report to the National Centre and to each municipal in the province. disaster management centre 50 Part 3: Powers and duties of provincial government Provincial disaster management advisory forum 37. (1 ) The MEC responsible for disaster management in a province may establish a provincial disaster management advisory forum consisting of- Act kl.57.2u02 DISASTER MANAGEMENT ACT. 7002 ( a i the head of the provincial disaster management centre: ( h i a senior representative of each provincial department designated b!. the Premier of the province concerned; ( c ) the heads of the respective municipal disaster management centres in the province; ( d ) representatives of organised local government in the province: (el representatives of other disaster management role-players i n the province designated by the MEC. which may include- in the province; (i) organised business (ii) representatives of mines in the province: (iii) orpnised ( i v ) organised agriculture in the province: ( v ) traditional leaders: (vi) the insurance industry ( v i i ) religious and welfare (\.iii) medical, paramedical and hospital organisations labour in the province; in the province: organisations in the province: in the proijnce: 5 10 15 (ix) other relevant non-governmental organisations and relief agencies i n the province; (x) institutions of higher education in the province; (xi) institutions that can provide scientific and technological ad\,ice or 30 support to disaster management: experts in disaster management designated by the MEC: and the forum in question for a specific period or specific Cfi ( g ) persons co-opted by discussion. ( 2 ) A forum envisaged by subsection ( 1 ) is a body in which a provincial government 35 and relevant disaster management role-players in the pro\ince consult one another and co-ordinate their actions on matters relating to disaster management in the province. Preparation of disaster management plans 38. ( ! ) Each pro\incial organ of state indicated in the national or provincial disaster management framework must. tcithin the applicable provincial disaster management framekvork- 30 ( a ] prepare a disaster management plan setting out- ( i ) the way in which the concept and principles of disaster management are to be applied in its functional area; (ii) its role and responsibilities in terms of the national or pro\.incial disaster 35 (iii) management framework; its role and responsibilities regarding emergency response and post- disaster recovery and rehabilitation; ( i v ) its capacity to fulfil its role and responsibilities: (v) particulars of its disaster ( v i ) ccntingency strategies and emergency procedures management strategies; and in the e\'ent of a disaster, including measures to finance these strategies: ( h ] co-ordinate and align the implementation of its plan with those of other organs of state and institutional role-players: and review (c) regularly and plan. (2) The disaster management plan of a provincial organ update its of state referred to in 40 45 subsection ( 1 ) must form an integral part of its planning. (3) ( ( I ) A provincial organ of state must submit a copy of its disaster management plan and of any amendment to the plan to the National Centre and the relevant pro\incial disaster managenlent centre. 50 (b) If a provincial organ of state fails to submit a copy of its disaster management plan or of m y amendment to the plan in terms of paragraph (rr). the National Centre or relevant provincial disaster management centre must report the failure to the MEC responsible for disaster management in the province. who must take such steps as may be necessary to secure compliance with that paragraph. including reporting the failure to 55 the provincial legislature. Disaster management plans for provinces 39. ( 1 ) Each pro\ 'ince ' must- 10 No. 24252 GOVERNMENT GAZETTE. IS JANUARY 2003 Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 ( a ) prepare a disaster management plan for the province as a whole: ( b ) co-ordinate and align the implementation of its plan with those of other organs of state and institutional role-players; and ( c ) regularly review and update its plan. ( 2 ) A disaster management plan for a province must- wlnerability of form an integral part of development planning in the province; anticipate the types of disaster that are likely to occur in the province and their possible effects; guide the development of measures that reduce the disaster-prone areas, communities and households; seek to develop a system of incentives that will promote disaster management in the province; identify the areas or communities at risk; take into account indigenous knowledge relating to disaster management: promote disaster management research; identify and address weaknesses in capacity to deal with possible disasters: provide for appropriate prevention and mitigation strategies; facilitate maximum emergency preparedness; and contain contingency plans disaster, providing for- (i) the allocation of responsibilities co-ordination in the carrying out of those responsibilities: and emergency procedures to the various role-players in the event of a and (ii) prompt disaster response and relief; (iii) the procurement of essential goods and services: (iv) the establishment of strategic communication links; (v) the dissemination of information; and (vi) other matters that may be prescribed. 5 I 0 IS '0 25 (3) Municipal organs of state in the province, to the extent required by the province. may be requested to co-operate with the province in preparing a disaster management plan for the province. 3 0 ( 3 ) A province must submit of any amendment to the plan. to the National Centre and each municipal disaster management centre in the province. a copy of its disaster management plan. and Responsibilities in event of provincial disaster 40. ( 1 ) The executive of a province is primarily responsible for the co-ordination and management of provincial disasters that occur in the province. irrespective of whether a provincial state of disaster has been declared in terms of section 31. (2) The provincial executive must deal with a provincial disaster- ( a ) in terms of existing legislation and contingency arrangements, if a provincial 35 state of disaster has not been declared in terms of section 41( 1); or 30 ( b ) in terms of existing legislation and contingency arrangements as augmented by regulations or directions made or issued in terms of section 41(2). if a provincial state of disaster has been declared. (3) This section does not preclude a national or municipal organ of state from providing assistance to a provincial executive to deal with a provincial disaster and its consequences. 35 Declaration of provincial state of disaster 41. (1) In the event of a provincial disaster, the Premier of a province, after consultation with the other MECs, may, by notice in the provincial gazette, declare a provincial state of disaster if- ( a ) existing legislation and contingency arrangements do not adequately provide 50 for the provincial executive to deal effectively with the disaster; or ( 6 ) other special circumstances warrant the declaration of a provincial state of disaster. ( 2 ) If a provincial state of disaster has been declared in terms of subsection ( I ) , the Premier of the province concerned may, subject to subsection (3). make regulations or issue directions or authorise the issue of directions concerning- 55 42 ~~ No. 24252 Act No. 57, 2002 GAZETTE. GOVERNMENT

15 JANUARY 2003 DISASTER MANAGEMENT ACT, 2002 (a) the release of any available resources of the provincial government, including stores, equipment, vehicles and facilities; (b) the release of personnel of a provincial organ of state for the rendering of (c) emergency services; the implementation of all or any of the provisions of a provincial disaster management plan that are applicable in the circumstances; (d) the evacuation to temporary shelters of all or part of the population from the 5 disaster-stricken or threatened area preservation of life; if such action is necessary for the ( e ) the regulation of traffic to, from or within the disaster-stricken or threatened 10 (f) area; the regulation of the movement of persons and goods to, from or within the disaster-stricken or threatened area; (g) the control and occupancy of premises in the disaster-stricken or threatened area; ( h ) the provision, control or use of temporary emergency accommodation; (i) the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area; the maintenance or installation of temporary lines of communication to. from or within the disaster area; (J) ( k ) the dissemination of information required for dealing with the disaster; ( I ) emergency procurement procedures; (m) the facilitation of response and post-disaster recovery and rehabilitation; ( n ) steps to facilitate international assistance; or (0) other steps that may be necessary to prevent an escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster. (3) The powers referred to in subsection (2) may be exercised only to the extent that this is necessary for the purpose of- (a) assisting and protecting the public; ( b ) providing relief to the public; (c) protecting property; (d) preventing or combating disruption; or ( e ) dealing with the destructive and other effects of the disaster. (4) Regulations made in terms of subsection (2) may include regulations prescribing penalties for any contravention of the regulations. ( 5 ) A provincial state of disaster that has been declared in terms of subsection (1)- ( a ) lapses three months after it has so been declared; (6) may be terminated by the Premier by notice in the provincial gazette before it 15 20 25 30 35 lapses in terms of paragraph (a); and (c) may be extended by the Premier by notice in the provincial gazette for one 40 month at a time before it lapses extension is due to expire. in terms of paragraph ( a ) or the existing CHAPTER 5 MUNICIPAL DISASTER MANAGEMENT Part 1: Municipal disaster management framework 45 Municipal disaster management framework 42. (1) Each metropolitan and each district municipality must establish and implement a framework for disaster management in the municipality aimed at ensuring an integrated and uniform approach to disaster management in its area by- (a) the municipality and statutory functionaries of the municipality, including, in SO the case of a district municipality, the local municipalities functionaries of the local municipalities in its area; and statutory (b) all municipal entities operating in its area; (c) all non-governmental institutions involved in disaster management in its area; and (d) the private sector. 5s (2) A district municipality must establish its disaster management framework after consultation with the local municipalities in its area. U No. 21252 GAZETTE. GOVERNMENT 15 JANUARY 2003 Act No. 57,2002 DISASTER MANAGEMENT ACT, 2003 (3) A municipal disaster management framework must provisions of this Act, the national disaster management framework management framework of the province concerned. be consistent with the and the disaster Part 2: Municipal disaster management centres Establishment 43. (1) Each metropolitan and each district municipality must establish in its administration a disaster management centre for its municipal area. (2) A district municipality- ( a ) must establish its disaster management centre after consultation with the local its within municipalities area: and (b) may operate such centre in partnership with those local municipalities. Powers and duties 44. ( 1 ) A municipal disaster management centre- (a) must specialise in issues concerning disasters and disaster management in the municipal area; (b) must promote an integrated and co-ordinated approach to disaster manage- ment in the municipal area, with special emphasis on mitigation, by- (i) departments and other internal units within the administration of the in the case of a district municipality, also by the administration of the municipality, and, departments and other internal units within local municipalities in the area of the district municipality: prevention and (ii) all municipal entities operating in the municipal area; and (iii) other area: in disaster management role-players involved in the municipal ( c ) must act as a repository of, and conduit for, information concerning disasters, impending disasters and disaster management in the municipal area: (d) may act as an advisory and consultative body on issues concerning disasters and disaster management in the municipal area for- (i) organs of state and statutory functionaries; (ii) the private sector and non-governmental organisations; and (iii) communities and individuals; ( e ) must make recommendations regarding the funding of disaster management in the municipal area, and initiate and facilitate efforts to make such funding available; rf) may make recommendations to any relevant organ of state or statutory functionary- (i) on draft legislation affecting this Act, the national disaster management 5 10 15 30 25 30 35 framework or any other disaster management issue; (ii) on the alignment of municipal legislation with this Act. the national 40 disaster management framework management framework; or in the event of a local disaster, on whether a local state of disaster should be declared in terms of section 55; (8) must promote the recruitment. training and participation and the relevant provincial disaster of volunteers in (iii) disaster management in the municipal area; ( h ) must promote disaster management capacity building, training and education, including in schools, in the municipal area; (i) may promote research municipal area; into all aspects of disaster management in the ( j ) may give advice and guidance by disseminating information regarding disaster management in the municipal area, especially to communities that are vulnerable to disasters; ( k ) may exercise any powers and must perform any duties delegated and assigned to it in terms of section 14; and ( I ) may assist in the implementation of legislation referred to in section 2( l ) ( b ) to the extent required by the administrator of such legislation and approved by the municipal council. 4s 50 5s 46 No. 24253 GAZETTE. GOVERNMENT 15 JANUARY 2003 Act No. 57,2002 DISASTER MANAGEMENT ACT, 2002 (2) A municipal disaster management centre may engage in any lawful activity in the aimed at municipal area, whether promoting the effective exercise of its powers and performance of its duties. any other organisation, alone or together with i (3) A municipal disaster management centre must exercise its powers and perform its duties- (a) within the national disaster management framework, the disaster management framework of the province concerned and the disaster management frame- work of its municipality; (b) subject to the municipality’s integrated development plan and other directions of the municipal council acting within the national disaster management framework, the disaster management framework of the province concerned and the disaster management framework of that municipality; and ( c ) in accordance with the administrative instructions of the municipal manager. (4) A municipal disaster management centre must liaise and co-ordinate its activities with the National Centre and the relevant provincial disaster management centre. Head of municipal disaster management centre 45. (1) A municipal council must. subject to the applicable provisions of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), appoint a person as head of its municipal disaster management centre. (2) The head of a municipal disaster management centre- 5 10 15 20 (a) is responsible for the exercise by the centre of its powers and the performance of its duties; and (b) in accordance with the directions of the council, takes all decisions of the centre in the exercise of its powers and the performance of its duties, except decisions taken by another person in consequence of a delegation by the head 25 of the centre. (3) The head of a municipal disaster management centre performs the functions of office subject to section 44(3). Assistance to National Centre and provincial disaster management centre 46. (1) A municipal disaster management centre must assist the National Centre and 30 the relevant provincial disaster management centre at that centre’s request t o - (a) identify and establish communication links with disaster management role-players in the municipal area for the purposes of section 16; ( 6 ) develop and maintain the disaster management electronic database envisaged in section 17 in so far as the database applies (c) develop guidelines in terms of section 19 for the- to the municipality; and (i) preparation and regular and strategies, including contingency plans and emergency procedures; and (ii) the integration of the concept and principles of disaster management. and review of disaster management plans particularly prevention and mitigation strategies, with development plans and programmes. ( 2 ) ( a ) A municipal disaster management centre may, in writing. request any municipal organ of state or person in possession of information reasonably required by that centre for the purpose of subsection (l)(a) or (b), to provide such information to the reasonable determined period a centre within (6) If a municipal organ of state fails to comply with a request, the municipal disaster management centre must report the failure to the executive mayor or mayor. as the case may be, of that municipality, who must take such steps as may be necessary to secure compliance with the request, including reporting the failure to the municipal council. by the centre. Prevention and mitigation 47. (1) A municipal disaster management centre, to the extent that it has the capacity, must give guidance to organs of state, organisations, communities and individuals in the municipal area to assess and prevent or reduce the risk of disasters, including- the private sector, non-governmental (a) ways and means of- 35 40 45 50 55 48 No. 24252 GOVERNMENT GAZETTE. 15 JANUARY ? O O j Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 (i) determining levels of risk; (ii) assessing the vulnerability of communities and households to disasters that may occur; (iii) increasing the capacity of communities and households to minimise the risk and impact of disasters that may occur: and 5 (iv) monitoring the likelihood of, and the state of alertness to. disasters that may occur; (b) the development and implementation of appropriate prevention and mitiga- tion methodologies; (c) the integration of prevention and mitigation methodologies with development I O plans, programmes and initiatives; and (d) the management of high-risk developments. (2) A municipal disaster management centre must promote formal and informal initiatives that encourage risk-avoidance behaviour by organs of state. the private sector. non-governmental organisations, communities, households municipal area. and individuals in the 15 Monitoring, measuring performance and evaluating disaster management plans and prevention, mitigation and response initiatives 48. ( 1 ) A municipal disaster management centre must- (a) monitor- (i) progress with the preparation and regular updating in terms of sections 52 and 53 of disaster management plans and strategies by municipal organs of state involved in disaster management in the municipal area; by (ii) formal and informal prevention. mitigation and response initiatives municipal organs of state, the private sector, non-governmental organisations and communities in the municipal area. including the integration of these initiatives with development plans: and (iii) the compliance in the municipal area with key performance indicators 20 25 f b ) from time envisaged by section 7(2)(m); and to time, measure performance initiatives. and evaluate such progress and 30 Disaster occurring or threatening to occur in municipal areas 49. (1) When a disastrous event occurs or is threatening to occur in the area of a municipality, the disaster management centre determine whether the event should be regarded as a disaster in terms of this Act, and. 35 if so, must immediately- of the municipality concerned must ( a ) initiate efforts to assess the magnitude and severity or potential magnitude and severity of the disaster; (b) inform the National Centre and the relevant provincial disaster management centre of the disaster and its initial assessment of the magnitude and severity 40 or potential magnitude and severity of the disaster; (c) alert disaster management role-players assistance in the circumstances; and in the municipal area that may be of (d) initiate the implementation of any contingency plans and emergency procedures that may be applicable in the circumstances. (2) When informing the National Centre and the relevant provincial disaster 45 management centre in terms of subsection (I)@), the municipal disaster management centre may make such recommendations regarding the classification of the disaster as may be appropriate. Annual reports 50 50. (1) The disaster management centre of a municipality must submit a report annually to the municipal council on-- ( a ) its activities during the year; (b) the results of the centre’s monitoring of prevention and mitigation initiatives; fc) disasters that occurred during the year in the area of the municipality; 55 SO GAZETTE. GOVERNMENT No. 23252 li JANLIAR)' 200.; Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 (d) the classification, magnitude and severity of these disasters; (e) the effects they had; (f) particular problems that were experienced- (i) in dealing with these disasters; and (ii) generally in implementing this Act, the national disaster management 5 framework, the disaster management framework concerned and the disaster management framework of its municipality: any recommendations (gj the way in which these problems were addressed and the province of the centre wishes to make in this regard; ( 1 2 ) progress with the preparation and regular updating in terms of sections 52 and 53 of disaster management plans and strategies by municipal organs of state involved in disaster management in the municipal area; and I O ( i ) an evaluation of the implementation of such plans. (7) ( a ) A municipal disaster management centre must. at the same time that its report is submitted to the municipal council in terms of subsection (1), submit a copy of the 15 report to the National Centre and the disaster management centre concerned. of the province ( b ) The disaster management centre of a district municipality must. at the same time. the area of the district also submit a copy of its report to each local municipality in municipality. 20 (3) The disaster management centre in partnership with local municipalities within the area of the district municipality must prepare its report in consultation with those local municipalities. of a district municipality that is operated Part 3: Powers and duties of municipalities and municipal entities advisory Municipal management disaster forum 2 -5 51. (1) A metropolitan or district municipality may establish a municipal disaster management advisory forum consisting of- (a) the head of the municipal disaster management centre ( b ) a senior representative of each department in the municipality: or component within the leaders; traditional administration of the municipality designated by the executive mayor or mayor. as the case may be; if it is a district municipality, representatives of the local municipalities within the area of jurisdiction of the district municipality; 30 (c) ( d ) representatives of other disaster management role-players in the municipality designated by the executive mayor or mayor, as the case may be, which may 35 include- (i) organised business in the municipality; (ii) organised labour in the municipality; (iii) relevant community-based organisations; (iv) (v) the insurance industry in the municipality; (vi) representatives of the agricultural sector in the municipality; (vii) religious and welfare organisations in the municipality; (viii) medical, paramedical and hospital organisations in the municipality; 10 institutions (ix) (x) institutions that can provide education; of higher scientific and technological advice or 4 5 support to disaster management; (xi) other relevant non-governmental organisations and relief agencies in the municipality; (e) experts in disaster management designated by the executive mayor or mayor. 50 as the case may be; and cf) persons co-opted by the forum in question for a specific period or specific discussion. ( 2 ) A forum envisaged by subsection (1) is a body in which a municipality and relevant disaster management role-players co-ordinate their actions on matters relating to disaster management in the municipality. in the municipality consult one another and 55 52 GOVERNMENT 24252 No. GAZETTE. I5 JANUAR)’ 2003 Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 Preparation of disaster management plans by municipal entities 52. (1) Each municipal entity indicated in the national or the relevant provincial or municipal disaster management framework must- (a) prepare a disaster management plan setting out- (i) the way in which the concept and principles of disaster management are 5 to be applied in its functional area; (ii) its role and responsibilities in terms of the national. provincial or municipal disaster management frameworks; (iii) its role and responsibilities regarding emergency response and post- rehabilitation; and recovery disaster (iv) its capacity to fulfil its role and responsibilities; (v) particulars of its disaster management strategies; and (vi) contingency strategies and emergency procedures in the event disaster, including measures to finance these strategies; 10 of a (b) co-ordinate and align the implementation of its plan with those of other organs 15 of state and institutional role-players; and (c) regularly review and update its plan. disaster centres. management (2) (a) A municipal entity referred to in subsection (1) must submit a copy of its disaster management plan, and of any amendment to the plan. to the National Centre and relevant the provincial municipal and ( b ) If a municipal entity fails to submit a copy of its disaster management plan or of any amendment to the plan in terms of paragraph (a), the National Centre or relevant provincial or municipal disaster management centre to the executive mayor or mayor, as the case may be, of the municipality concerned, who must take such steps as may be necessary to secure compliance with that paragraph, including 7-5 reporting the failure to the municipal council. must report the failure 20 Disaster management plans for municipal areas 53. (1) Each municipality must, within the applicable municipal disaster management framework- ( a ) prepare a disaster management plan for its area according to the circumstances 30 prevailing in the area; (b) co-ordinate and align the implementation of its plan with those of other organs of state and institutional role-players; (c) regularly review and update its plan; (d) through appropriate mechanisms, processes and procedures established and in 35 terms of Chapter 4 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), consult the local community amendment of its plan. on the preparation or (2) A disaster management plan for a municipal area must- 40 of disaster-prone form an integral part of the municipality’s integrated development plan; anticipate the types of disaster that are likely to occur in the municipal area and their possible effects; place emphasis on measures that reduce the vulnerability areas, communities and households; seek to develop a system of incentives that will promote disaster management 35 in the municipality; identify the areas, communities or households at risk; take into account indigenous knowledge relating to disaster management; promote disaster management research; identify and address weaknesses provide for appropriate prevention and mitigation strategies: facilitate maximum emergency preparedness; and contain contingency plans and emergency procedures disaster, providing for- (i) the allocation co-ordination in the carrying out of those responsibilities; in capacity to deal with possible disasters; various role-players and of responsibilities in the event of a to the 55 50 (ii) prompt disaster response and relief; 24252 54 No. GAZETTE. GOVERNMENT 15 JANUARY 2003 Act No. 57,2002 DISASTER MANAGEMENT ACT, 2002 (iii) the procurement of essential goods and services; (iv) the establishment of strategic communication links; (v) the dissemination of information; and (vi) other matters that may be prescribed. 5 ( 3 ) A district municipality and the local municipalities within the area of the district municipality must prepare their disaster management plans after consulting each other. (4) A municipality must submit a copy of its disaster management plan. and of any amendment to the plan, to the National Centre, the disaster management centre of the relevant province, and, if it is a district municipality or a local municipality, to every municipal disaster management centre within the area concerned. of the district municipality 10 Responsibilities in event of local disaster 54. (1) Irrespective of whether a local state of disaster has been declared in terms of section 55- (a) the council of a metropolitan municipality is primarily responsible for the 15 co-ordination and management of local disasters that occur in its area; and (b) the council of a district municipality, acting after consultation with the relevant local municipality, is primarily responsible for the co-ordination and management of local disasters that occur in its area. (2) A district municipality and the relevant local municipality may, despite subsection 20 ( 1 )(b), agree that the council of the local municipality assumes primary responsibility for the co-ordination and management of a local disaster that has occurred or may occur in the area of the local municipality. ( 3 ) The municipality having primary responsibility for the co-ordination management of a local disaster must deal with a local disaster- and 25 (a) in terms of existing legislation and contingency arrangements, if a local state of disaster has not been declared in terms of section 55( 1): or declared. (b) in terms of existing legislation and contingency arrangements as augmented by by-laws or directions made or issued in terms of section 55(2), if a local state of disaster been (4) This section does not preclude a national or provincial organ of state, or another municipality or municipal organ of state from providing assistance to a municipality to deal with a local disaster and its consequences. has 30 Declaration of local state of disaster 55. (1 ) In the event of a local disaster the council of a municipality having primary 35 responsibility for the co-ordination and management provincial gazette, declare a local state of disaster if- of the disaster may, by notice in the (a) existing legislation and contingency arrangements do not adequately provide for that municipality to deal effectively with the disaster; or (b) other special circumstances warrant the declaration of a local state of disaster. 40 (2) If a local state of disaster has been declared in terms of subsection (l), the ( 3 ) , make by-laws or issue municipal council concerned may, subject to subsection - directions, or authorise the issue of directions. concerning- 45 the release of any available resources of the municipality, including stores, equipment, the release of personnel of the municipality for the rendering of emergency services; the implementation of all or any of the provisions of a municipal disaster management plan that are applicable in the circumstances; the evacuation to temporary shelters of all or part of the population from the 50 disaster-stricken or threatened area preservation of life; the regulation of traffic to, from or within the disaster-stricken or threatened area; the regulation of the movement of persons and goods to, from or within the 55 disaster-stricken or threatened area; the control and occupancy of premises in the disaster-stricken or threatened area; the provision, control or use of temporary emergency accommodation; if such action is necessary for the facilities; and vehicles GOVERNMENT 21252 No. 56 GAZETTE. 15 J A h ' l ' h R ~ ' 200.: Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 (i) the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area; ( j ) the maintenance or installation of temporary lines of communication to, from or within the disaster area; ( k ) the dissemination of information required for dealing (1) emergency procurement procedures; ( m ) the facilitation of response and post-disaster recovery and rehabilitation: or (n) other steps that may be necessary to prevent an escalation of the disaster, or to with the disaster; S alleviate, contain and minimise the effects of the disaster. (3) The powers referred to in subsection ( 2 ) may be exercised only to the extent that 10 this is necessary for the purpose of-- ( a ) assisting and protecting the public; (6) providing relief to the public; ( c ) protecting property; ( d ) preventing (e) dealing with the destructive and other effects of the disaster. or or disruption; combating 1s (4) By-laws made in terms of subsection ( 2 ) may include by-laws prescribing penalties for any contravention of the by-laws. ( 5 ) A municipal state of disaster that has been declared in terms of subsection ( 1 )-- after months three ( a ) lapses ( b ) may be terminated by the council by notice in the provincial gazette before it it has so been declared; 20 lapses in terms of paragraph (a): and ( c ) may be extended by the council by notice in the provincial gazette for one due is month at a time before extension to expire. it lapses in terms of paragraph ( a ) or the existing 25 CHAPTER 6 FUNDING OF POST-DISASTER RECOVERJ' AND REHABILITATION Guiding principles 56. ( 1 ) This Chapter is subject to sections 16 and 25 of the Public Finance Management Act, 1999, which provide for the use of funds in emergency situations. 30 ( 2 ) When a disaster occurs the following principles apply: ( a ) National, provincial and local organs of state may financially contribute to response efforts and post-disaster recovery and rehabilitation. (b) The cost of repairing or replacing public sector infrastructure should be borne by the organ of state responsible for the maintenance of such infrastructure. 35 (3) The Minister may. in the national disaster management framework. prescribe a percentage of the budget, or any aspect of a budget. of a provincial organ of state or a municipal organ of state, as the case may be, funding from the national government for response efforts. as a threshold for accessing additional (4) Any financial assistance provided by a national, provincial or municipal organ of' 40 state in terms of subsection (2)(a) must be management framework and any appli&le post-disaster recovery policy of the relevant sphere of government, and may take into account- ( a ) whether any prevention and mitigation measures were taken. in accordance with the national disaster and rehabilitation and if not. the reasons for the absence of such measures; (b) whether the disaster could have been avoided and mitigation measures been taken; or minimised had prevention 35 (c) whether it is reasonable to expect that prevention and mitigation measures should have been taken in the circumstances; (d) whether the damage caused by the disaster is covered by adequate insurance. 50 (e) and if not, the reasons for the absence or inadequacy of insurance cover: the extent of financial assistance available from community. public or other non-governmental support programmes: and If) the magnitude and severity of the disaster, the financial capacity of the victims of the disaster and their accessibility to commercial insurance. 5S 58 No. 24251- GOVERNMENT GAZETTE. I5 JANUARY 700.7 Act No. 57,2002 DISASTER MANAGEMENT ACT. 2002 National contributions to alleviate effects of local and provincial disasters

57. When a municipality or a province in the event of a local or provincial disaster requests the national government to financially contribute to post-disaster recovery and rehabilitation, the following factors may be taken into account: (a) Whether any prevention and mitigation measures were taken or initiated by the municipality or province, and if not, the reasons for the absence of such measures; (b) whether the disaster could have been avoided or minimised had prevention 5 and mitigation measures been taken; ( c ) whether It is reasonable to expect that prevention and mitigation measures I O should have been taken or initiated in the circumstances by province; the municipality or (d) whether the damage caused by the disaster is covered by adequate insurance. and if not, the reasons for the absence or inadequacy of insurance cover; and ( e ) the magnitude and severity of the disaster and whether or not available 15 financial resources at local level, or if it is a provincial disaster. at provincial level. are exhausted. CHAPTER 7 DISASTER MANAGEMENT VOLUNTEERS volunteers management Disaster 20 58. (1) A metropolitan or a district municipality may establish a unit of volunteers to participate in disaster management in the municipality. (2) Any person that meets the prescribed minimum requirements may apply to enrol as a volunteer in the unit of volunteers of a relevant municipality. (3) ( a ) The National Centre must maintain a register of all volunteers enrolled in a unit 25 of volunteers. (b) A municipality that has established a unit of volunteers must submit the prescribed particulars of any person that has enrolled in terms of subsection (2) to the National Centre within 21 days of such a person’s enrolment. (4) A unit of volunteers may participate in exercises related to disaster management 30 organised by one or more municipal disaster management centres, a provincial disaster management centre or the National Centre. (5) The Minister may prescribe the following: within (a) The command structure of a unit of volunteers; (h) components ( c ) the requirements for, and recruitment of, a volunteer; (d) the manner in which any member of a unit of volunteers is to be activated and a unit o f volunteers; deployed; use the ( e ) the training of volunteers; of equipment by volunteers; cf) (8) the defraying of expenses incurred by volunteers; ( h ) uniforms of volunteers; insignia to be worn by- (i) (i) different units (ii) components different (iii) different positions of command within a unit of volunteers; and a unit of volunteers: and of volunteers; within 35 30 35 ( j ) the transfer of a volunteer from one unit of volunteers to another unit of volunteers. (6) This section does not preclude-- (a) a municipality from calling on persons who are not members of a unit of 50 volunteers to assist the municipality in dealing with a disaster; or f b ) any number of persons from taking reasonable steps to deal with a disaster in for that an appropriate manner disaster, and, where appropriate, to continue dealing with the disaster under the municipality. until a municipality takes responsibility of the 55 control 60 No. 23152 GAZETTE. GOVERNMENT IS JANUARY 200.7 Act No. 57.2002 DISASTER MANAGEMENT ACT. 2002 CHAPTER 8 MISCELLANEOUS Regulations matter 59. (1) The Minister may make regulations not inconsistent with this Act- any ( a ) concerning that- 5 (i) may or must be prescribed in terms of a provision of this Act; or (ii) is necessary to prescribe for the effective carrying out of the objects of this Act; and (b) providing for the payment, out of moneys appropriated by Parliament for this purpose, of compensation to any person. or the dependants of any person. 10 whose death, bodily injury or disablement results from any event occurring in in the course of the perfomlance terms of this Act. of any function entrusted to such person (2) Regulations referred to in subsection (l)(b)- ( a ) must- 15 (i) determine the basis upon which and the conditions subject to which compensation must be paid in terms of such regulations: (ii) determine the authority responsible for the administration of such regulations; ( b ) may, without derogating from the generality of the provisions of subsection 20 35 of any compensation or the right to any such determine the persons who must be regarded as dependants for purposes of such regulations; provide for the revision and, in appropriate cases, the discontinuance or reduction of any compensation payable in terms of such regulations: prohibit the cession, assignment or attachment payable in terms of such regulations, compensation; determine that any compensation received in terms of such regulations must not form part of the estate of the recipient, should such estate be sequestrated; provide that if, in the opinion of the authority referred to in paragraph (a)(ii), it is for any reason undesirable to pay the whole amount of any compensation payable in terms of such regulations directly to the person entitled thereto, the said authority may direct that such compensation, or 35 any part thereof, be paid to some other person, on such conditions as to its administration for the benefit of such first-mentioned person or his or her dependants as that authority may determine. 30 (3) The Minister may, in terms of subsection (l), prescribe a penalty of imprisonment for a period not exceeding six months or a fine for any contravention of. or failure to 40 comply with, a regulation. (4) Any regulations made by the Minister in terms of subsection (1) must be referred to the National Council of Provinces for purposes of section 146(6) of the Constitution. Offences 60. (1) A person is guilty of an offence if that person fails to comply with a request 35 made by the National Centre in terms of section 18(1) or by a provincial or municipal disaster management centre in terms of section 32(2)(a) or 46(2)(a). (2) A person convicted of an in subsection (1) is liable on offence mentioned conviction to a fine or to imprisonment not exceeding six months or to both a fine and such imprisonment. 50 Indemnity

61. The Minister. the National Centre, a provincial or municipal disaster management centre, an employee seconded or designated for the purpose of the National Centre or a 62 No. 242.52 GOVERNMENT GAZETTE. IS JASL'ARI' 2 0 0 : Act No. 57,2002 DISASTER MANAGEMENT ACT. 3002 of the National provincial or municipal disaster management centre, a representative Centre or a provincial or municipal disaster management centre, or any other person exercising a power or performing a duty in terms of this Act, is not liable for anything done in good faith in terms of, or in furthering the objects of, this Act. Scope of assistance by organs of state

62. Where an organ of state provides assistance to another organ of state for purpose5 of this Act, the officials and equipment of the organ of state providing assistance must. for purposes of conditions of employment, utilisation of equipment and insurance. be of jurisdiction of the organ of state deemed to be deployed within the normal area providing Phasing in of certain provisions of Act assistance. 63. ( I ) ( a ) The Minister. by notice in the Gazette, may phase in the application of the provisions of this Act which place a financial or administrative burden on organs of state by determining the period within which, and the extent to which, an organ of state must provision comply with a particular of this Act. in paragraph (a) mag not exceed two years after the ( b ) The period referred to commencement of this Act. 5 I 0 15 ( 2 ) A notice in terms of subsection ( I ) , may- ( a ) differentiate between different organs of state: (b) differentiate between provincial organs ( e ) apply to a specific municipal organ of state. subject to the Local Go\wnment: of state in the different provinces: 20 Municipal Systems Act, 2000 (Act No. 32 of 2000): and (d) determine different periods in respect of different organs of state identified in terms of paragraphs ( a ) to (e). Repeal of Act 67 of 1977 64. (1) fa) The Civil Protection Act, 1977 (Act No. 67 of 1977). to the extent that provisions of that Act have not been assigned to a province, is repealed. (bl Provisions of that Act that were assigned to a province. continue to apply in the province until repealed by the provincial legislature. (2) Despite the repeal of provisions of the Civil Protection Act. 1977. section 9 of that 30 Act continues to apply to any death, injury or disablement. as described in that section. which occurred before the repeal of that section. Short title and commencement

65. This Act is called the Disaster Management Act, 2002, and comes into operation on a date determined by the President by proclamation in the Gazerre. 35