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(MINISTER OF PROVINCIAL AND LOCAL GOVERNMENT)

CHAPTER 1

INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT

1. Definitions

2. Application of Act

3. Administration of Act

4. Inter-governmental Committee on Disaster Management

5. National disaster management framework

6. Contents of national disaster management framework

7. National Disaster Management Advisory Forum

8. Establishment

9. Objective

10. Appointment of Head

11. Acting Head

12. Responsibilities of Head

13. Staff

14. Delegation

15. General duties and powers

16. National Centre to identify and establish communication links with disaster management role players

17. Disaster management information system

18. Gathering of information

19. Disaster management plans and strategies

20. Prevention and mitigation

21. Monitoring, measuring performance and evaluating disaster management plans and prevention and mitigation initiatives

22. Giving of advice and guidance

23. Classification and recording of disasters

24. Annual reports

25. Preparation of disaster management plans

26. Responsibilities in event of national disaster

27. Declaration of national state of disaster

28. Provincial policy framework

29. Establishment

30. Duties and powers

31. Head of provincial disaster management centre

32. Assistance to National Centre

33. Prevention and mitigation

34. Monitoring, measuring performance and evaluating disaster management plans and prevention and mitigation initiatives

35. Disasters occurring or threatening to occur in provinces

36. Annual reports

37. Preparation of disaster management plans

38. Disaster management plans for provinces

39. Responsibilities in event of provincial disasters

40. Declaration of provincial state of disaster

41. Municipal policy framework

42. Establishment

43. Duties and powers

44. Head of municipal disaster management centre

45. Assistance to National Centre and provincial disaster management centres

46. Disasters occurring or threatening to occur in municipal areas

47. Annual reports

48. Disaster management plans for municipal areas

49. Preparation of disaster management plans by municipal entities

50. Responsibilities in event of local disaster

51. Declaration of local state of disaster

52. Guiding principles

53. National contributions to alleviate effects of local and provincial disasters

54. Regulations

55. Offences

56. Indemnity

57. Repeal of Act 67 of 1977

58. Short title and commencement

CHAPTER 1

1. In this Act, unless the context indicates otherwise—

"Department" means the department of state referred to in section 8 (2);

"delegation", in relation to a duty, includes an instruction to perform a duty,

and "delegate" includes a corresponding meaning;

"disaster" means a progressive or sudden, widespread or localised, natural or humancaused occurrence which—

(a) causes or threatens to cause—

(i) death, injury or disease;

(ii) damage to property, infrastructure or the environment; or

(iii) disruption 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 rapid and effective response to disasters; and

(e) post-disaster recovery and rehabilitation;

"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;

"emergency preparedness" means a state of readiness which enables organs of 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;

"integrated development plan", in relation to a municipality, means a 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 the Cabinet member designated in terms of section 3 to administer this Act;

"mitigation", in relation to a disaster, means measures aimed at reducing the impact or effects of a disaster;

"municipal disaster management centre" means a centre established in the administration of a municipality in terms of section 42;

"municipal entity" means a municipal entity defined in section 1 of the Local Government: Municipal Systems Act, 2000;

"municipal legislation" means municipal by-laws or any subordinate legislation made in terms of a by-law;

"municipal manager" means a person appointed 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;

(b) 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

(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 management framework established in terms of section 5;

"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 restoring normality in conditions caused by a disaster;

"prescribe" means prescribe by regulation in terms of section 54;

"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 a centre established in the 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);

"response", in relation to a disaster, means measures taken during or immediately after a disaster in order to bring relief to people and communities affected by the disaster;

"statutory functionary" means a person performing a function or exercising a power assigned to that person by national, provincial or municipal legislation;

"this Act" includes any regulations made in terms of section 54.

2. (1) This Act does not apply to an occurrence falling within the definition of "disaster" in section 1—

(a) 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

(b) to the extent that that occurrence can be dealt with effectively in terms of other national legislation—

(i) aimed at reducing the risk, and addressing the consequences, of occurrences of that nature; and

(ii) identified by the Minister by notice in the Government Gazette.

(2) The Minister may in consultation with Cabinet members responsible for the administration of national legislation referred to in subsection (1)(b), issue guidelines on the application of that subsection.

(3) Where provincial legislation regulating disaster management in a province is inconsistent with this Act, this Act prevails over the provincial legislation subject to section 146 of the Constitution.

3. This Act is administered by a Cabinet member designated by the President.

4. (1) The President must establish an Inter-governmental Committee on Disaster Management consisting of—

(a) Cabinet members involved in disaster management or the administration of legislation referred to in section 2(1)(b);

(b) members of Executive Council of each province involved in disaster management in their respective provinces, selected by the Premier of the province concerned; and

(c) representatives of organised local government, selected by the South African Local Government Association.

(2) The Minister is the chairperson of the Committee.

(3) The Committee must—

1. must give effect to the principles of co-operative government in chapter 3 of the Constitution on issues relating to disaster management;
2. is accountable and must report to Cabinet on the co-ordination of disaster management among the spheres of government;
3. must advise and make recommendations—

(i) to Cabinet on issues relating to disaster management; and

(ii) on the establishment of a national framework for disaster management aimed at

ensuring an integrated and common approach to disaster management in the Republic by all national, provincial and municipal organs of state, statutory functionaries, non-governmental institutions involved in disaster management, the private sector, communities and individuals.

5. (1) The Minister, by notice in the Gazette—

(a) must establish a national disaster management framework taking into account any recommendations of the Inter-governmental Committee on Disaster Management made in terms of section 4; and

(b) may, from time to time, amend the national disaster management framework.

(2) Before establishing or amending the national disaster management

framework, the Minister must publish particulars of the proposed framework or amendment in the Government Gazette for public comment.

6. The national disaster management framework must outline a coherent, transparent and inclusive policy on disaster management appropriate for the Republic as a whole with a proportionate emphasis on disasters of different kinds, severity and magnitude that occur or may occur in Southern Africa, and must—

(a) guide the development and implementation of the concept of disaster management as envisaged by this Act;

(b) establish prevention and mitigation as the core principle of the disaster management policy;

(c) facilitate—

(i) South Africa's co-operation in international disaster management;

(ii) regional co-operation in disaster management in Southern Africa; and

(iii) the establishment of joint standards of practice;

(d) 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 for the co-ordination and management of a disaster in terms of sections 26(1), 39(1) and 50(1) or (2) and those spheres of government performing supportive roles;

(ii) allocate specific responsibilities in this regard to the different spheres;

(e) guide the development and implementation of disaster management within national, provincial and municipal organs of state on a cross-functional and multidisciplinary basis and allocate responsibilities in this regard to different organs of state;

(f) facilitate—

(i) the involvement of the private sector, non-governmental organisations, communities and volunteers in disaster management; and

(ii) partnerships in this regard between organs of state and the private sector, non-governmental organisations and communities;

(g) provide incentives for disaster management capacity-building and training; and

(h) provide a framework within which organs of state may fund disaster management, including grants to contribute to post-disaster recovery and rehabilitation and the payment of compensation to victims of disasters and their dependents.

7. (1) The Minister must establish a National Disaster Management Advisory

Forum consisting of—

(a) the Head of the National Centre;

(b) a senior representative of each national department whose Minister is a member of the Inter-governmental Committee on Disaster Management, designated by that Minister;

(c) a senior representative of each provincial department whose MEC is a member of that Committee, designated by that MEC;

(d) representatives of organised local government, designated by organised local government;

(e) the representatives of other disaster management role players designated by the Minister, which may include—

(i) organised business;

(ii) the Chamber of Mines;

(iii) organised labour;

(iv) the insurance industry;

(v) religious and welfare organisations;

(vi) medical, para-medical and hospital organisations;

(vii) organisations representing the disaster management professions in South Africa;

(viii) other relevant non-governmental organisations which may include international organisations and relief agencies;

(ix) statutory bodies regulating safety standards in particular industries;

(x) institutions of higher education; and

(xi) institutions that can provide science and technology advice or support to disaster management;

(f) experts in disaster management designated by the Minister; and

(g) persons co-opted by the Forum for a specific period or specific discussions.

(2) The Head of the National Centre is the chairperson of the Forum.

(3) The Forum is a body in which national, provincial and local government and other disaster management role players consult, and co-ordinate their actions, on matters relating to disaster management, and may, in performing this function—

(a) make recommendations concerning the national disaster management framework to the Inter-governmental Committee on Disaster Management; and

(b) advise any organ of state, statutory functionary, the private sector, non-governmental organisation or community on any matter relating to disaster management.

8. (1) A National Disaster Management Centre is established as an

institution within the public service.

(2) The National Centre forms part of, and functions within, a department of state for which the Minister is responsible.

9. The objective of the National Centre is to promote an integrated and co-ordinated system of disaster management, with a special emphasis on prevention and mitigation, by national, provincial and municipal organs of state, statutory functionaries, other role players involved in disaster management and communities.

Appointment of Head

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 office in the Department on terms and conditions set out in a written employment contract which must include terms and conditions setting performance standards.

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 Centre.

12. (1) The Head of the National Centre—

(a) is responsible for the performance by the Centre of its duties and the exercise of its powers; and

(b) takes all decisions of the Centre in the performance of its duties and the exercise of its powers, except those decisions of the Centre taken in consequence of a delegation or instruction in terms of section 14.

(2) The Head of the National Centre performs the functions of office subject to section 15 (3).

13. (1) The staff of the National Centre consists of—

(a) the Head of the Centre; and

(b) persons in the service of the Department designated by the Director-General of the Department to perform the duties of the 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 to the control and directions of the Head of the Centre.

14. (1) The Head of the National Centre may delegate, in writing, any of the powers or duties entrusted to the Centre in terms of this Act to—

(a) a member of the staff of the Centre; or

(b) a provincial or municipal disaster management centre, by agreement with that centre.

(2) A delegation in terms of subsection (1)—

(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 Centre of the responsibility concerning the exercise of the delegated power or the performance of the delegated duty.

(3) The Head of the National Centre may confirm, vary or revoke any

decision taken in consequence of a delegation in terms of subsection (1), but that no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.

15. (1) The National Centre must, subject to other provisions of this Act, do

all that is necessary to achieve its objective mentioned in section 9, and, for this purpose—

(a) must specialise in issues concerning disasters and disaster management;

(b) must monitor whether organs of state and statutory functionaries comply with this Act and the national disaster management framework; including the monitoring of progress with post-disaster recovery and rehabilitation;

(c) must act as a repository and conduit for information concerning disasters, impending disasters and disaster management;

(d) may act as an advisory and consultative body on issues concerning disasters and disaster management for—

(i) organs of state and statutory functionaries;

(ii) the private sector and non-governmental organisations;

(iii) communities and individuals; and

(iv) other governments and institutions in Southern Africa;

(e) must initiate and facilitate efforts to make funds available for disaster management;

(f) must 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) for 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 utilisation of volunteers to participate in disaster management;

(h) must promote disaster management capacity-building and training in the Republic and, to the extent that may be appropriate, in other Southern African states;

(i) 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

10. must perform any other duties and may exercise any other powers assigned to the Centre 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 proper performance of its duties or the exercise of its powers;

(b) exchange information relevant to disaster management with institutions performing functions similar to those of the Centre in the Republic and elsewhere.

(3) The National Centre must perform its duties and exercise its powers—

(a) within the national disaster management framework;

(b) subject to the directions of the Minister;

(c) in accordance with the administrative instructions of the Director-General of the Department; and

4. subject to the Public Finance Management Act, 1999(Act No. 1 of 1999).

(4) The National Centre must liaise with, and strive to co-ordinate its activities with the provincial and local disaster management centres.

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 electronic addresses;

(ii) particulars of their involvement in disaster management; and

(iii) the nature, capacity and location of emergency and relief services under their control; and

(b) establish effective communication links with contact persons identified by those role players.

(2) The directory must include particulars of—

(a) all national, provincial and municipal organs of state and statutory functionaries involved in disaster management;

(b) non-governmental organisations involved in disaster management;

(c) private sector organisations with specialised equipment, skills or knowledge relevant to disaster management;

(d) private sector voluntary agencies involved in disaster management; and

(e) foreign voluntary agencies involved in disaster management in Southern Africa.

(3) The National Centre must establish links of communication with foreign disaster management agencies, including institutions performing similar functions as the Centre, to exchange information and to have access to international expertise and assistance on disaster management.

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—

(a) collect information on all aspects of disasters and disaster management;

(b) process and analyse such information; and

(c) develop and maintain an electronic database envisaged in subsection (2).

(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 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) prevention and mitigation;

(d) early warning systems;

(e) areas and communities that are particularly vulnerable to disasters;

(f) the directory of role players referred to in section 16 and the names and particulars of their respective contact persons;

(g) emergency response resources and capacity in the national, provincial and local spheres of government and in the non-government sectors, including the location, size and other relevant data relating to—

(i) police stations;

(ii) hospitals, clinics and other health institutions;

(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, harbours, seaports and railway stations;

(h) emergency response resources and capacity in neighbouring states and relevant international relief agencies;

(i) the state of emergency preparedness in the different spheres of government;

(j) each disaster classified by the Centre in terms of section 23, including the assessment of the Centre of the disaster and the information recorded in the register referred to in subsection (1)(c) of that section; and

(k) research and training facilities for disaster management disciplines.

(3) The Centre must take reasonable steps to ensure that the database,

generally, is at all times electronically accessible by any person free of charge.

(4) Subsection (3) does not prevent the Centre from—

(a) establishing security safeguards to protect the database from abuse; and

(b) classifying parts of the database as restricted areas and limiting access to those parts to persons authorised by the Centre.

18. (1) The National Centre may, by notice in writing, request any organ of state or other person in possession of information required by the Centre for the purpose of section 16 or 17, to provide such information free of charge to the Centre within a reasonable period determined by the Centre.

(2) An organ of state must comply with a request in terms of subsection (1).

(3) If an organ of state fails to comply with a request, the 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.

19. The National Centre must—

(a) develop guidelines for, and initiate, support and assist in the preparation, and regular review and updating of disaster management plans and strategies by organs of state and other institutional role players involved in disaster management;

(b) assist in aligning the plans and strategies;

(c) assist in co-ordinating the implementation of these plans and strategies by the respective organs of state and other role players; and

(d) develop guidelines for, and initiate support and assist in, the integration of the concept and principles of disaster management, and particularly strategies on prevention and mitigation, with national, provincial and local development plans, programmes and initiatives.

20. (1) The National Centre must to the extent that it has the capacity 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 to—

(i) determine levels of risk;

(ii) assess the vulnerability of communities to potential disasters;

(iii) increase the capacity of communities to deal with disasters; and

(iv) monitor the likelihood of, and the state of alertness to, disasters;

(b) the development and implementation of appropriate prevention and mitigation methodologies;

(c) the integration of prevention and mitigation methodologies with development plans, programmes and initiatives; and

(d) the management of high risk developments.

(2) The National 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.

21. The National Centre must—

(a) monitor—

(i) progress with the preparation and regular updating in terms of sections 25, 37, 38, 48 and 49 of disaster management plans and strategies by organs of state and institutional role players involved in disaster management; and

(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 development plans; and

(b) from time to time, measure performance and evaluate such progress and initiatives.

22. The National Centre may give advice and guidance by—

(a) publishing guidelines and recommendations in the Gazette or a provincial gazette;

(b) interacting on an individual basis;

(c) facilitating access to its electronic database; and

(d) acting in any other way approved by the Director-General of the Department.

23. (1) When a disastrous event occurs or threatens to occur, the National Centre may, for the purpose of the proper application of this Act, determine whether the event qualifies is a disaster in terms of this Act, and if so, the Centre must—

(a) assess a magnitude and ,severity or potential magnitude and severity of the disaster;

(b) 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—

(a) must consider any information and recommendations concerning that disaster received from a provincial or municipal disaster management centre in terms of section 35 or 46; and

(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 (1)(b) as a local, provincial or national disaster at any time after consultation with the relevant provincial or municipal disaster management centres, if the magnitude and severity or potential magnitude and severity of the disaster is greater or lesser than the initial assessment.

(4) A disaster is a local disaster if—

(a) it affects a single metropolitan, district or local municipality only; and

(b) 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 a provincial disaster if—

(a) it affects—

(i) more than one metropolitan or district municipality in the same province; or

(ii) a single metropolitan or district municipality in the province and that metropolitan municipality, or that district municipality with the assistance of the local municipalities within its area, is unable to deal with it effectively; and

(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

(b) a single province which is unable to deal with it effectively.

(7) Until a disaster is classified in terms of this section, the disaster must be regarded as a local disaster.

(8) The classification of a disaster in terms of this section designates primary responsibility to a particular sphere of government for 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.

24. (1) The National Centre must annually submit a report to the Minister on—

(a) its activities during the year;

(b) disasters that occurred during the year in each province;

(c) the classification, magnitude and severity of these disasters;

(d) the effects they had;

(e) particular problems that were experienced—

(i) in dealing with these disasters; and

(ii) generally in implementing this Act and the national disaster management framework;

(f) the way in which these problems were addressed and any recommendations the Centre wishes to make in this regard;

(g) progress with the preparation and regular updating in terms of sections 25, 37, 38, 48 and 49 of disaster management plans and strategies by organs of state and other institutional role players involved in disaster management; and

(h) 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 submit a copy of its report to each provincial and municipal disaster management centre.

25. (1) Each national organ of state indicated in the national 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 to be applied in its functional area;

(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;

(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 of a disaster, including measures to finance these strategies;

(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) 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 national organ of state must submit a copy of its disaster management plan and of any amendment to the plan to the National Centre.

26. (1) The national executive is primarily responsible for the co-ordination and management of national disasters irrespective of whether a national state of disaster has been declared in terms of section 27.

(2) The national executive must deal with a national disaster—

(a) in terms of existing legislation and contingency arrangements, if a national state of disaster has not been declared in terms of section 27 (1); or

(b) in terms of existing legislation and contingency arrangements, if a national state of disaster has been declared in terms of section 27(2).

(3) This section does not preclude a provincial or municipal organ of state from 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 of government.

27. (1) In the event of a national disaster, the President may, by notice in the Government Gazette, declare a national state disaster if—

(a) existing legislation and contingency arrangements do not adequately provide for the national executive to deal effectively with the disaster; or

(b) other special circumstances warrant the declaration of a national state of disaster.

(2) If a national state of disaster has been declared in terms of subsection (1), the Minister may, subject to subsection (3), and after consulting the responsible Cabinet member, make regulations or issue directions, or authorise the issue of directions, concerning—

(a) the release of any available resources of the national government, including stores, equipment, vehicles and facilities;

(b) the release of personnel of a national organ of state for the performance of emergency services;

(c) the implementation of all or any of the provisions of a national disaster management plan that is applicable in the circumstances;

(d) the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the 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;

(g) the control and occupancy of premises in the disaster-stricken or threatened area;

(h) the provision, control or use of temporary emergency housing;

(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 with the disaster;

12. emergency procurement procedures;

(m) the facilitation of response and post-disaster recovery and rehabilitation;

(n) other steps that may be necessary to prevent escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster; or

(o) steps to facilitate international assistance.

(3) The powers referred to in subsection (2) may only be exercised to the extent that they are necessary for the purpose of—

(a) assisting and protecting the public;

(b) providing relief to the public;

(c) preventing or combating disruption; or

(d) 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.

28. (1) Each province must establish and implement a policy framework for disaster management in the province aimed at ensuring an integrated and common approach to disaster management in the province by all provincial organs of state, provincial statutory functionaries, non-governmental institutions involved in disaster management in the province and the private sector.

(2) A provincial disaster management policy framework must be—

(a) consistent with the provisions of this Act; and

(b) within the national disaster management framework.

29. (1) Each province must establish a disaster management centre for the

province.

(2) A provincial disaster management centre forms part of, and functions within, a department designated by the Premier in the provincial administration.

30. (1) A provincial disaster management centre—

(a) must specialise in issues concerning disasters and disaster management in the province;

(b) must promote an integrated co-ordinated approach to disaster management in the province, with a special a 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 and conduit for information concerning disasters, impending disasters and disaster management in the province;

(d) may act as an advisory and consultative body for organs of state, statutory functionaries, the private sector , non-governmental organisations, communities and individuals, on issues concerning disasters and disaster management in the province;

(e) must initiate and facilitate efforts to make funds available for disaster management in the province;

6. 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) for the alignment of provincial or municipal legislation with this Act and the national disaster management framework; or

(iii) in the event of a provincial disaster, whether a provincial state of disaster should be declared in terms of section 40;

(g) must promote the recruitment, training and utilisation of volunteers to participate in disaster management in the province;

(h) must perform any duties and may exercise any powers delegated to it in terms of section 14;

(i) 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 MEC responsible for the department in which the centre is located; and

10. must perform any other duties and may exercise any other powers assigned to it in terms of this Act.

(2) A provincial disaster management centre may engage in any lawful activity in the province, whether alone or together with any other organisation, aimed at promoting the proper performance of its duties or exercise of its powers.

(3) A provincial disaster management centre must perform its duties and exercise its powers—

(a) within the national disaster management framework and the provincial policy framework referred to in section 28;

(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 policy framework; and

(c) in accordance with the administrative instructions of the head of the provincial department in which it is located; and

4. subject to the Public Finance Management Act, 1999.

(4) A provincial disaster management centre must liaise with and co-ordinate its activities with those of the National Centre and the municipal disaster management centres in the province.

31. (1) The head of a provincial disaster management centre—

(a) is responsible for the performance by the centre of its duties and the exercise of its powers; and

(b) takes all decisions of the centre in the performance of its duties and the exercise of its powers, except those decisions taken by another person in consequence of a delegation by the head of the centre.

2. The head of a provincial disaster management centre performs the functions of office subject to section 30(3)


Assistance to National Centre

32. (1) A provincial disaster management centre must assist the National Centre at the request of the National Centre to—

(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;

(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, by notice in writing, request any provincial organ of state or other person in possession of information required by that centre for the purpose of subsection (1)(a) or (b), to provide such information free of charge to the centre within a reasonable period determined by the centre.

(b) A provincial organ of state must comply with a request in terms of paragraph (a).

(c) If a provincial organ of state fails to comply with a request the 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 the request, including reporting the failure to the provincial legislature.

Prevention and mitigation

33. (1) A provincial disaster management 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 in the province to assess and prevent or reduce the risk of disasters, including—

(a) ways and means to—

(i) determine levels of risk;

(ii) assess the vulnerability of communities to potential disasters;

(iii) increase the capacity of communities to deal with disasters; and

(iv) monitor the likelihood of, and the state of alertness to, disasters;

(b) the development and implementation of appropriate prevention and mitigation methodologies;

(c) the integration of prevention and mitigation methodologies with development plans, programmes and initiatives; and

(d) the management of high risk developments.

(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.

Monitoring, measuring performance and evaluating disaster management plans and prevention, mitigation and response initiatives

34. (1) A provincial disaster management centre must—

(a) monitor—

(i) progress with the preparation and regular updating in terms of sections 37, 38, 48 and 49 of disaster management plans and strategies by provincial and municipal organs of state and institutional role players involved in disaster management in the province; and

(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

(b) from time to time, measure performance and evaluate such progress and initiatives.

Disasters occurring or threatening to occur in provinces

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 is 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 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 assistance in the circumstances; and

(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 (1)(b), the provincial disaster management centre may make recommendations regarding the classification of the disaster as may be appropriate.

Annual reports

36. (1) The disaster management centre of a province must annually submit a report to the MEC responsible for the provincial department in which the centre is located, on—

(a) its activities during the year;

(b) disasters that occurred during the year in the province;

(c) the classification, magnitude and severity of these disasters;

(d) the effects they had;

(e) particular problems that were experienced—

(i) in dealing with these disasters; and

(ii) generally in implementing this Act and the national disaster management framework;

(f) the way in which these problems were addressed and any recommendations the office wishes to make in this regard;

(g) progress with the preparation and regular updating in terms of sections 37 and 38 of disaster management plans by provincial organs of state and other institutional role players involved in disaster management in the province; and

(h) an evaluation of the implementation of such plans.

(2) The MEC must submit the report to the provincial legislature within 30 days after receipt of the report from the provincial disaster management centre.

3. The provincial disaster management centre must submit a copy of its report to the National Centre and to each municipal disaster management centre in the province.

37. (1) Each provincial organ of state indicated in the national or provincial 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 to be applied in its functional area;

(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;

(iv) its capacity to fulfill its role and responsibilities;

5. particulars of its disaster management strategies; and

(vi) contingency strategies and emergency procedures in the event of a disaster, including measures to finance these strategies;

(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) The disaster management plan of a provincial organ of state referred to in subsection (1) must form an integral part of its development plans.

(3) 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 provincial disaster management centre.

38. (1) Each province must—

(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—

(a) form an integral part of development planning in the province;

(b) anticipate the likely types of disaster that might occur in the province and their possible effects;

(c) identify the communities at risk;

(d) provide for appropriate prevention and mitigation strategies;

(e) identify and address weaknesses in capacity to deal with possible disasters;

(f) facilitate maximum emergency preparedness; and

(g) contain contingency plans and emergency procedures in the event of a disaster, providing for—

(i) the allocation of responsibilities to the various role players and co-ordination in the carrying out of those responsibilities;

(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.

(3) Municipal organs of state in the province, to the extent required by the province, must co-operate with the province in preparing a disaster management plan for the province.

(4) A province must submit a copy of its disaster management plan, and of any amendment to the plan, to the National Centre and each municipal disaster management centre in the province.

39. (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 40.

(2) The provincial executive must deal with a provincial disaster—

(a) in terms of existing legislation and contingency arrangements, if a provincial state of disaster has not been declared in terms of section 40 (1); or

(b) in terms of existing legislation and contingency arrangements in terms of section 40(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.

40. (1) In the event of a provincial disaster the Premier of a province, after consultation with the other members of the executive council, may by notice in the provincial gazette, declare a provincial state of disaster if—

(a) existing legislation and contingency arrangements do not adequately provide for the provincial executive to deal effectively with the disaster; or

(b) 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 (1), the Premier of the province concerned may, subject to subsection (3), make

regulations or issue directions or authorise the issue of directions, concerning—

(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 performance of emergency services;

(c) the implementation of all or any of the provisions of a provincial disaster management plan that is applicable in the circumstances;

(d) the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the 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;

(g) the control and occupancy of premises in the disaster-stricken or threatened area;

(h) the provision, control or use of temporary emergency housing;

(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 with the disaster; (1) emergency procurement procedures;

(m) the facilitation of response and post-disaster recovery and rehabilitation;

(n) steps to facilitate international assistance; or

15. other steps that may be necessary to prevent escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster.

(3) The powers contained in subsection (2) may be exercised to the extent that this is necessary for the purpose of—

(a) assisting and protecting the public;

(b) providing relief to the public;

(c) preventing or combating disruption; or

(d) 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.

41. (1) Each metropolitan and each district municipality must establish and implement a policy framework for disaster management in the municipality aimed at ensuring an integrated and common approach to disaster management in its area by—

(a) the municipality and statutory functionaries of the municipality, including, in the case of a district municipality, the local municipalities and statutory functionaries of the local municipalities in its area;

(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.

(2) A district municipality must establish its disaster management policy after consultation with the local municipalities in its area.

(3) A municipal disaster management policy framework must be—

(a) consistent with the provisions of this Act;

(b) within the national disaster management framework; and

(c) consistent with the disaster management policy framework of the province concerned.

42. (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 municipalities within its area; and

(b) may operate such centre in partnership with those local municipalities.

43. (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 management in the municipal area, with a special emphasis on prevention and mitigation, by—

(i) departments and other internal units within the administration of the municipality, and, in the case of a district municipality, also by departments and other internal units within the administration of the local municipalities in the area of the district municipality;

(ii) all municipal entities operating in the municipal area; and

(iii) other role players involved in disaster management in the municipal area;

(c) must act as a repository and conduit for information concerning disasters, impending disasters and disaster management in the municipal area;

(d) may act as an advisory and consultative body for organs of state, the private sector, non-governmental organisations, communities and individuals, on issues concerning disasters and disaster management in the municipal area;

(e) must initiate and facilitate efforts to make funds available for disaster management in the municipal area;

(f) 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) for the alignment of municipal legislation with this Act and the national disaster management framework; or

(iii) in the event of a local disaster, whether a local state of disaster should be declared in terms of section 51;

(g) must promote the recruitment, training and utilisation of volunteers to participate in disaster management in the municipal area;

(h) must perform any duties and may exercise any powers delegated to it in terms of section 14; and

(i) 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 municipal council;

10. must perform any other duties and may exercise any other power assigned to it in terms of this Act.

(2) A municipal disaster management centre may engage in any lawful activity in the municipal area, whether alone or together with any other organisation, aimed at promoting its objectives.

(3) A municipal disaster management centre must perform its functions—

(a) within the national disaster management framework;

(b) subject to the municipality's integrated development plan and other directions of the municipal council acting within the national disaster management framework; 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 those of the National Centre and the relevant provincial disaster management centre.

44. (1) The head of a municipal disaster management centre—

(a) is responsible for the performance by the centre of its duties and the exercise of its powers; and

(b) in accordance with the directions of the council, takes all decisions of the centre in the performance of its duties and the exercise of its powers, except those decisions taken by another person in consequence of a delegation by the head of the centre.

2. The head of a municipal disaster management centre performs the functions of office subject to section 43(3).

45. (1) A municipal disaster management centre must assist the National Centre and the relevant provincial disaster management centre at that centre's request to—

1. identify and establish communication links with disaster management role players in the municipal area for the purposes of section 16;

(b) develop and maintain the disaster management electronic databank envisaged in section 17 in so far as the databank applies to the municipality; and

(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) The disaster management centre of a municipality may, by notice in writing, request any person in possession of information required by the centre for the purpose of subsection (1)(a) or (b), including any statutory functionary, or any department or other internal unit within the administration, of the municipality, or, if it is a district municipality, also any statutory functionary, or any department or other internal unit within the administration of a local municipality in the area of the district municipality to provide the required information free of charge to the centre within a period determined by the centre.

(b) If a department or other internal unit or a statutory functionary of a municipality, or a municipal entity under the control of the municipality, fails to comply with a request in terms of paragraph (a) the municipal disaster management centre must report the failure to the municipal manager, who must take such steps as may be necessary to secure compliance with the request.

46. (1) When a disastrous event occurs or is threatening to occur in the area of a municipality, the disaster management centre of the municipality concerned must determine whether the event is a disaster in terms of this Act, and, if so, must immediately—

(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 or potential magnitude and severity of the disaster;

(c) alert disaster management role players in the municipal area that may be of assistance in the circumstances; and

(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 management centre in terms of subsection (1)(b), the local disaster management centre may make recommendations regarding the classification of the disaster as may be appropriate.

47. (1) The disaster management centre of a municipality must annually submit a report to the municipal council on—

(a) its activities during the year;

(b) disasters that occurred during the year in the area of the municipality;

(c) the classification, magnitude and severity of these disasters;

(d) the effects they had;

(e) particular problems that were experienced—

(i) in dealing with these disasters; and

(ii) generally, in implementing this Act and the national disaster management framework;

(f) the way in which these problems were addressed and any recommendations the centre wishes to make in this regard;

(g) progress with the preparation and regular updating in terms of sections 44 and 49 of disaster management plans by municipal organs of state and other institutional role players involved in disaster management in the municipal area; and

(h) an evaluation of the implementation of such plans.

(2) (a) A municipal disaster management centre must submit a copy of its report to the National Centre and the disaster management centre of the province concerned.

(b) The disaster management centre of a district municipality must submit a copy of its report to each local municipality in the area of the district municipality.

48. (1) Each municipality must—

(a) prepare a disaster management plan for its area according to the circumstances 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; and

(c) regularly review and update its plan.

(2) A disaster management plan for a municipal area must—

(a) form an integral part of the municipality's integrated development plan;

(b) anticipate the likely types of disaster that might occur in the municipal area and their possible effects;

(c) identify the communities at risk;

(d) provide for appropriate prevention and mitigation strategies;

(e) identify and address weaknesses in capacity to deal with possible disasters;

(f) facilitate maximum emergency preparedness; and

(g) contain contingency plans and emergency procedures in the event of a disaster, providing for—

(i) the allocation of responsibilities to the various role players and co-ordination in the carrying out of those responsibilities;

(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.

(3) A district municipality and the local municipalities within the area of the

district municipality must prepare their disaster management plans after consultation with 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 and the disaster management centre of the relevant province.

49. (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 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-disaster recovery and rehabilitation;

(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 of a disaster, including measures to finance these strategies;

(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 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 the relevant provincial and municipal disaster management centres.

50. (1) Irrespective of whether a local state of disaster has been declared in terms of section 51—

(a) a metropolitan municipality is primarily responsible for the co-ordination and management of local disasters that occur in its area; and

(b) 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 (1)(b), agree that 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 and management of a local disaster must deal with a local disaster—

(a) in terms of existing legislation and contingency arrangements, if a local state of disaster has not been declared in terms of section 51(1); or

(b) in terms of existing legislation and contingency arrangements, if a local state of disaster has been declared.

(4) This section does not preclude a national or provincial organ of state from providing assistance to a municipality to deal with a municipal disaster and its consequences.

51. (1) In the event of a local disaster the council of a municipality having primary responsibility for the co-ordination and management of the disaster, may by notice in the provincial gazette declare a local state of disaster if—

(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.

(2) If a local state of disaster has been declared in terms of subsection (1), the municipal council concerned may, subject to subsection (3), make by-laws or issue directions, or authorise the issue of directions, concerning—

(a) the release of any available resources of the municipality, including stores, equipment, vehicles and facilities;

(b) the release of personnel of the municipality for the performance of emergency services;

(c) the implementation of all or any of the provisions of a municipal disaster management plan that is applicable in the circumstances;

(d) the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the 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;

(g) the control and occupancy of premises in the disaster-stricken or threatened area;

(h) the provision, control or use of temporary emergency housing;

(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 with the disaster;

12. emergency procurement procedures;

(m) the facilitation of response and post-disaster recovery and rehabilitation; and

(n) other steps that may be necessary to prevent escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster.

(3) The powers contained 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) preventing-or combating disruption; or

(d) dealing with the destructive and other effects of the disaster.

(4) By-laws made in terms of subsection (2) may include by-laws prescribing penalties for any contravention of the by-laws.

52. (1) This chapter must be read with sections 16 and 25 of the Public Finance Management Act, 1999, which provide for the use of funds in emergency situations.

2. When a disaster occurs the following principles apply:

(a) National, provincial and local organs of state may financially contribute to postdisaster recovery and rehabilitation, subject to legislation regulating national, provincial and municipal finance management.

(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.

(3) Any financial assistance provided by a national, provincial or local organ of state in terms of subsection (2)(b) must be in accordance with the national disaster management framework and any applicable post-disaster recovery and rehabilitation policy of the relevant sphere of government, and must take into account—

(a) whether any prevention and mitigation measures have been taken, and if not, the reasons for the absence of such measures;

(b) whether the disaster could have been avoided or minimised had prevention and mitigation measures been taken;

(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, and if not, the reasons for the absence or inadequacy of insurance cover;

(e) the extent of financial assistance available from community, public or other non-governmental support schemes; and

(f) the financial capacity of the victims of the disaster and their accessibility to commercial insurance.

53. 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 must be taken into account:

(a) Whether any prevention and mitigation measures have been 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 and mitigation measures been taken;

(c) whether it is reasonable to expect that prevention and mitigation measures should have been taken or initiated in the circumstances by the municipality or province;

(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) whether or not available financial resources at local level, or if it is a provincial disaster, at provincial level, are exhausted.

54. (1) The Minister may make regulations not inconsistent with this Act concerning any matter that—

(a) may be prescribed in terms of a provision of this Act; or

(b) is necessary for the effective carrying out of the objects of this Act.

(2) The Minister may in terms of subsection (1) prescribe a penalty not exceeding imprisonment for a period of six months or a fine for any contravention of or failure to comply with a regulation.

55. (1) A person is guilty of an offence if that person fails to comply with a request made by the National Centre in terms of section 18 (1) or a provincial or local disaster management office in terms of section 32(2)(a) or 45(2)(a).

(2) A person convicted of an offence mentioned in subsection (1) is liable on conviction to a fine or to imprisonment not exceeding six months or to both a fine and such imprisonment.

56. The Minister, the National Centre, a provincial or municipal disaster management centre, an employee designated for the purpose of the National Centre or a

provincial or municipal disaster management centre, a representative of the National Centre or a provincial or municipal disaster management centre, or any other person performing a duty or exercising a power 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.

57. (1) (a) 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.

2. 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 Act continues to apply to any death, injury or disablement as described in that section, which occurred before the repeal of that section.

58. This Act is called the Disaster Management Act, 2001; and comes into operation on a date determined by the President by proclamation in the Government Gazette.