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