(STAGE 4)
2001-10-15
DISASTER MANAGEMENT BILL [B58-2001]
PROPOSED AMENDMENTS
LONG TITLE
1. That the Long Title be rejected.
NEW LONG TITLE
1. That the following be a new long title:
To provide for –
TABLE OF CONTENTS
1. That the Table of Contents be rejected.
NEW TABLE OF CONTENTS
1. That the following be a new Table of Contents:
TABLE OF CONTENTS
CHAPTER 1
INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT
1. Definitions
2. Application of Act
3. Administration of Act
CHAPTER 2
INTER-GOVERNMENTAL STRUCTURES AND POLICY FRAMEWORK
4. Inter-governmental Committee on Disaster Management
5. National Disaster Management Advisory Forum
6. National disaster management framework
7. Contents of national disaster management framework
CHAPTER 3
NATIONAL DISASTER MANAGEMENT
Part 1: National Disaster Management Centre
8. Establishment
9. Objective
Administration
10. Appointment of Head
11. Acting Head
12. Responsibilities of Head
13. Staff
14. Delegation or assignment
Powers and duties of National Centre
15. Powers and duties
16. 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
Part 2: Powers and duties of National government
25. Preparation of disaster management plans
26. Responsibilities in event of national disaster
27. Declaration of national state of disaster
CHAPTER 4
PROVINCIAL DISASTER MANAGEMENT
Part 1: Provincial disaster management framework
28. Provincial disaster management framework
Part 2: Provincial disaster management centres
29. Establishment
30. Powers and duties
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
Part 3: Powers and duties provincial government
37. Provincial disaster management advisory forum
38. Preparation of disaster management plans
39. Disaster management plans for provinces
40. Responsibilities in event of provincial disasters
41. Declaration of provincial state of disaster
CHAPTER 5
MUNICIPAL DISASTER MANAGEMENT
Part 1: Municipal disaster management framework
42. Municipal disaster management framework
Part 2: Municipal disaster management centres
43. Establishment
44. Powers and duties
45. Head of municipal disaster management centre
46. Assistance to National Centre and provincial disaster management centres
47. Prevention and mitigation
48. Monitoring, measuring performance and evaluating disaster management plans and prevention and mitigation initiatives
49. Disasters occurring or threatening to occur in municipal areas
50. Annual reports
Part 3: Powers and duties of municipalities and municipal entities
51. Municipal disaster management advisory forum
52. Preparation of disaster management plans by municipal entities
53. Disaster management plans for municipal areas
54. Responsibilities in event of local disaster
55. Declaration of local state of disaster
CHAPTER 6
FUNDING OF POST-DISASTER RECOVERY AND REHABILITATION
56. Guiding principles
57. National contributions to alleviate effects of local and provincial disasters
CHAPTER 7
DISASTER MANAGEMENT VOLUNTEERS
58. Disaster management volunteers
CHAPTER 8
MISCELLANEOUS
59. Regulations
60. Offences
61. Indemnity
62. Scope of assistance by organs of state
63. Special events
64 Phasing in of certain provisions of this Act
65. Repeal of Act 67 of 1977
66. Short title and commencement
CLAUSE 1
1. On page 5, in line 19, to omit "section 42", and to substitute "section 43".
2. On page 5, from line 22, to omit "or any subordinate legislation made in terms of a by-law".
3. On page 5, in line 37, to omit "established in terms of section 5", and to substitute:
prescribed in terms of section 6
4. On page 5, from line 42, to omit the definition of "post-disaster recovery and rehabilitation" and to substitute:
"post-disaster recovery and rehabilitation" means efforts, including development, aimed at creating a situation where –
5. On page 5, in line 44, to omit "section 54", and to substitute "section 59".
6. On page 5, after line 56, to insert the following definition:
"special event" means any assembly or concourse of more than 1000 persons in or on any public place, stadium or premises open to the public for purposes of a political, musical, sport, religious, cultural or other recreational event, other than a gathering as defined in section 1 of the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993);
7. On page 5, in line 59, to omit "section 54", and to substitute "section 59".
8. On page 5, after line 59, to add the following definition:
"vulnerability" means the degree to which an individual, a household, a community or an area may be adversely affected by a disaster.
CLAUSE 4
1. On page 6, from line 27, to omit paragraph (b), and to substitute:
(b) MECs of each province involved in disaster management or the implementation of legislation referred to in section 2(1)(b) in their respective provinces, selected by the Premier of the province concerned; and
2. On page 6, in line 40, to omit "common", and to substitute "uniform".
NEW CLAUSE
1. That the following be a new clause to follow Clause 4:
National Disaster Management Advisory Forum
5. (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;
(e) 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;
(vi) traditional leaders;
(vii) religious and welfare organisations;
(viii) medical, paramedical and hospital organisations;
(ix) organisations representing disaster management professions in South Africa;
(x) other relevant non-governmental and international organisations and relief agencies;
(xi) statutory bodies regulating safety standards in particular industries;
(xii) institutions of higher education; and
(xiii) institutions that can provide scientific and technological 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.
(3) (a) The Forum is a body in which national, provincial and local government and other disaster management role-players consult one another and co-ordinate their actions on matters relating to disaster management.
(b) In performing the functions referred to in paragraph (a), the Forum—
(i) must make recommendations concerning the national disaster management framework to the Inter-governmental Committee on Disaster Management; and
(ii) may advise any organ of state, statutory functionary, the private sector, non-governmental organisation or community on any matter relating to disaster management.
CLAUSE 5
1. On page 6, from line 47, to omit paragraph (a), and to substitute:
2. On page 7, in line 1, to omit "establishing", and to substitute "prescribing".
CLAUSE 6
1. That the Clause be rejected.
NEW CLAUSE
1. That the following be a new Clause to follow Clause 6:
Contents of national disaster management framework
7. (1) The national disaster management framework must provide a coherent, transparent and inclusive policy on disaster management appropriate for the Republic as a whole.
(2) The national disaster management framework must reflect a proportionate emphasis on disasters of different kinds, severity and magnitude that occur or may occur in Southern Africa, place emphasis on measures that reduce the vulnerability of disaster-prone areas, communities and households, and must—
(a) guide the development and implementation of disaster management envisaged by this Act;
(b) establish prevention and mitigation as the core principles of disaster management;
(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), 40(1) and 54(1) or (2) and the 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 multi-disciplinary basis and allocate responsibilities in this regard to different organs of state;
(iii) partnerships for purposes of subparagraphs (i) and (ii) between organs of state and the private sector, non-governmental organisations and communities;
(g) facilitate disaster management capacity-building, training and education, including in schools, and provide incentives for such capacity-building, training and education;
(h) promote disaster management research;
(i) guide the development of a comprehensive information management system;
(j) take into account indigenous knowledge relating to disaster management;
(k) provide a framework within which organs of state may fund disaster management with specific emphasis on preventing or reducing the risk of disasters, including grants to contribute to post-disaster recovery and rehabilitation and payment to victims of disasters and their dependents;
(l) address the requirements for co-operation and co-ordination between the different spheres of government, the private sector, non-governmental organisations and communities; and
(m) provide key performance indicators in respect of the various aspects of disaster management.
CLAUSE 7
1. That the Clause be rejected.
CLAUSE 9
1. On page 8, in line 32, to omit "a special emphasis", and to substitute:
special emphasis
2. On page 8, from line 33, to omit "role players", and to substitute "role-players".
CLAUSE 12
1. On page 9, from line 2, to omit subsection (1), and to substitute:
(a) is responsible for the exercise by the National Centre of its powers and the performance of its duties; and
(b) takes all decisions of the National Centre in the exercise of its powers and the performance of its duties, except decisions of the National Centre taken in consequence of a delegation or assignment in terms of section 14.
CLAUSE 13
1. On page 9, in line 19, to omit "directions", and to substitute "direction".
CLAUSE 14
1. On page 9, in line 20, to omit "Delegation", and to substitute:
Delegation or assignment
2. On page 9, in line 23, to omit "or".
3. On page 9, from line 24, to omit paragraph (b), and to substitute:
(b) a provincial disaster management centre, by agreement with the MEC responsible for the department in which the centre is located; or
4. On page 9, after line 25, to add the following paragraph:
(c) a municipal disaster management centre, by agreement with the municipality concerned.
5. On page 9, in line 26, after "delegation", to insert "or assignment".
6. On page 9, in line 33, after "delegation", to insert "or assignment".
HEADING
1. On page 9, in line 36, to omit "Duties and powers of National Centre", and to substitute:
Powers and duties of National Centre
CLAUSE 15
1. On page 9, in line 37, to omit "General duties and powers", and to substitute:
General powers and duties
2. On page 9, in line 39, to omit "mentioned", and to substitute "as set out".
3. On page 9, in line 44, to omit "act as a repository and conduit for information", and to substitute:
act as a repository of, and conduit for, information
4. On page 9, in line 47, to omit "for", and to substitute "to".
5. On page 10, from line 1, to omit paragraph (e), and to substitute:
(e) must make recommendations regarding the funding of disaster management and initiate and facilitate efforts to make such funding available;
6. On page 10, in line 7, to omit "for the alignment", and to substitute:
on the alignment
7. On page 10, from line 11, to omit paragraph (g), and to substitute:
(g) must promote the recruitment, training and participation of volunteers in disaster management;
8. On page 10, from line 13, to omit paragraph (h), and to substitute:
(h) must promote throughout the Republic, including in schools, disaster management capacity-building, training and education and, to the extent that may be appropriate, in other Southern African states;
9. On page 10, after line 15, to insert the following paragraph:
(i) must promote research into all aspects of disaster management;
10. On page 10, from line 19, to omit paragraph (j), and to substitute:
(k) may exercise any other powers conferred on it, and must perform any other duties assigned to it in terms of this Act.
11. On page 10, from line 23, to omit "proper performance of its duties or the exercise of its powers", and to substitute:
effective exercise of its powers or the performance of its duties
12. On page 10, in line 28, to omit "perform its duties and exercise its powers", and to substitute:
exercise its powers and perform its duties
13. On page 10, from line 34, to omit subsection (4), and to substitute:
(4) The National Centre must liaise and co-ordinate its activities with the provincial and municipal disaster management centres.
CLAUSE 16
1. On page 10, from line 36, to omit "National Centre to identify and establish communication links with disaster management role players", and to substitute:
Communication links with disaster management role-players
2. On page 10, in line 39, to omit "role players", and to substitute "role-players".
3. On page 10, in line 47, to omit "role players", and to substitute "role-players".
4. On page 10, after line 51, to insert the following paragraph:
(c) disaster management experts in South Africa;
5. On page 10, in line 55, to omit "voluntary agencies", and to substitute:
non-governmental organisations and international organisations
CLAUSE 17
1. On page 11, in line 9, to omit "information; and", and to substitute "information;".
2. On page 11, in line 10, to omit "subsection (2).", and to substitute "subsection (2); and".
3. On page 11, after line 10, to add the following paragraph:
(d) take steps to disseminate such information, especially to communities that are vulnerable to disasters.
4. On page 11, after line 16, to insert the following paragraph:
(c) recurring occurrences that result in loss, but which are not classified as disasters in terms of this Act;
5. On page 11, after line 19, to insert the following paragraph:
(g) indigenous knowledge relating to disaster management;
6. On page 11, in line 20, to omit "role players", and to substitute "role-players".
7. On page 11, from line 23, to omit "including the location, size and other relevant data relating to", and to substitute:
including the location and size of, and other relevant information relating to
8. On page 11, in line 34, to omit "the state of".
9. On page 11, in line 45, to omit "National Centre", and to substitute "Minister".
CLAUSE 18
1. That the Clause be rejected.
NEW CLAUSE
1. That the following be a new Clause to follow Clause 17:
Gathering of information
18. (1) The National Centre may, in writing, request any organ of state or person in possession of information reasonably required by the National Centre for the purpose of section 16 or 17, to provide such information to the National Centre within a reasonable period determined by the National Centre.
(2) If an organ of state fails to comply with a request, the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with the request, including reporting the failure to Parliament.
CLAUSE 19
1. That the Clause be rejected.
NEW CLAUSE
1. That the following be a new Clause to follow Clause 18:
Disaster management plans and strategies
19. The National Centre must—
(a) develop guidelines for 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) support, and assist in, the preparation, and regular review and updating of these plans and strategies by organs of state and other institutional role-players involved in disaster management;
(c) assist in aligning these plans and strategies;
(d) assist in co-ordinating the implementation of these plans and strategies by the respective organs of state and other role-players;
(e) develop guidelines for the integration of the concept and principles of disaster management, and particularly strategies on prevention and mitigation, with national, provincial and municipal development plans, programmes and initiatives; and
(f) support, and assist in, the integration referred to in paragraph (e).
CLAUSE 20
1. On page 12, from line 18, to omit paragraph (a), and to substitute:
2. On page 12, in line 27, to omit "high risk", and to substitute "high-risk".
3. On page 12, in line 29, to omit "risk avoidance", and to substitute "risk-avoidance".
CLAUSE 21
1. On page 12, from line 35, to omit "sections 25, 37, 38, 48 and 49", and to substitute:
sections 25, 38, 39, 52 and 53
2. On page 12, in line 37, to omit "and institutional role players".
3. On page 12 in line 38, to omit "and".
4. On page 12 after line 42, to add the following subparagraph:
(iii) the compliance with key performance indicators envisaged by section 7(2)(m); and
CLAUSE 22
1. On page 12, in line 49, to omit paragraph (b), and to substitute:
(b) interacting with specific role-players and individuals;
2. On page 12, after line 49, to insert the following paragraphs:
(c) disseminating information;
(d) conducting workshops;
CLAUSE 23
1. On page 13, in line 2, to omit "may", and to substitute "must".
2. On page 13, from line 3, to omit "whether the event is a disaster", and to substitute:
whether the event should be regarded as a disaster
3. On page 13, in line 5, to omit "assess a magnitude" and to substitute:
assess the magnitude
4. On page 13, in line 15, to omit "section 35 or 46", and to substitute "section 35 or 49".
5. On page 13, in line 31, to omit "or".
6. On page 13, in line 35, to omit "and", and to substitute "or".
7. On page 13, after line 35, to insert the following subparagraph:
(iii) a cross-boundary municipality in respect of which only one province exercises executive authority as envisaged by section 90(3)(a) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); and
CLAUSE 24
1. On page 13, in line 47, to omit "must annually submit a report", and to substitute:
must submit a report annually
2. On page 13, after line 48, to insert the following paragraph:
(b) the results of its monitoring of prevention and mitigation initiatives;
3. On page 14, in line 2, to omit "the Centre", and to substitute "the National Centre".
4. On page 14, from line 3, to omit "sections 25, 37, 38, 48 and 49", and to substitute:
sections 25, 38, 39, 52 and 53
5. On page 14, in line 5, to omit "and other institutional role players".
6. On page 14, from line 9, to omit subsection (3), and to substitute:
"(3) The National Centre must, at the same time that its report is submitted to the Minister in terms of subsection (1), submit a copy of the report to each provincial and municipal disaster management centre.
HEADING
1. On page 14, in line 11, to omit "Part 2: Duties and powers of national government", and to substitute:
Part 2: Powers and duties of national government
CLAUSE 25
1. On page 14, in line 27, to omit "role players", and to substitute "role-players".
2. On page 14, from line 31, to omit subsection (3), and to substitute:
(3) (a) A national organ of state must submit a copy of its disaster management plan and of any amendment to the plan to the National Centre.
(b) If a national organ of state fails to submit a copy of its disaster management plan or of any amendment to the plan in terms of paragraph (a), the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with that paragraph, including reporting the failure to Parliament
CLAUSE 26
1. On page 14, from line 40, to omit paragraph (b), and to substitute:
(b) in terms of existing legislation and contingency arrangements as augmented by regulations or directions made or issued in terms of section 27(2), if a national state of disaster has been declared.
CLAUSE 27
1. On page 15, in line 20, to omit "housing", and to substitute "accommodation".
2. On page 15, after line 34, to insert the following paragraph:
(c) protecting property;
3. On page 15, after line 38, to add the following subsection:
(a) lapses three months after it has so been declared;
HEADING
1. On page 15, in line 41, to omit "policy", and to substitute "framework".
CLAUSE 28
1. On page 15, in line 42, to omit "Provincial policy framework", and to substitute:
Provincial disaster management framework
2. On page 15, in line 43, to omit "policy".
3. On page 15, in line 44, to omit "common", and to substitute "uniform".
4. On page 15, in line 46, to omit "institutions", and to substitute "organisations".
5. On page 15, from line 48, to omit subsection (2), and to substitute:
(2) A provincial disaster management framework must be consistent with the provisions of this Act and the national disaster management framework.
CLAUSE 29
1. On page 15, in line 53, to omit "for the province".
CLAUSE 30
1. On page 16, in line 3, to omit "Duties and powers", and to substitute:
Powers and duties
2. On page 16, in line 7, to omit "integrated co-ordinated approach" and to substitute:
integrated and co-ordinated approach
3. On page 16, in line 8, to omit "with a special emphasis", and to substitute:
with special emphasis
4. On page 16, in line 10, to omit "role players", and to substitute "role-players".
5. On page 16, in line 11, to omit "act as a repository and conduit for information", and to substitute:
act as a repository of, and conduit for, information
6. On page 16, from line 13, to omit paragraph (d), and to substitute:
7. On page 16, from line 17, to omit paragraph (e), and to substitute:
(e) must make recommendations regarding the funding of disaster management in the province, and initiate and facilitate efforts to make such funding available;
8. On page 16, in line 23, to omit "for the alignment", and to substitute "on the alignment".
9. On page 16, in line 25, to insert "on" before "whether".
10. On page 16, in line 26, to omit "section 40", and to substitute "section 41".
11. On page 16, from line 27, to omit paragraph (g), and to substitute:
(g) must promote the recruitment, training and participation of volunteers in disaster management in the province;
12. On page 16, after line 28, to insert the following paragraphs:
(h) must promote disaster management capacity-building, training and education including in schools, in the province;
(i) may promote research into all aspects of disaster management in the province;
(j) may give advice and guidance by disseminating information regarding disaster management in the province;
13. On page 16, from line 29, to omit paragraph (h), and to substitute:
(k) may exercise any powers and must perform any duties delegated and assigned to it in terms of section 14; and
14. On page 16, in line 33, to omit ";and".
15. On page 16, from line 34, to omit paragraph (j).
16. On page 16, in line 38, to omit "performance of its duties or exercise of its powers", and to substitute:
exercise of its powers or performance of its duties
17. On page 16, from line 39, to omit "perform its duties and exercise its powers", and to substitute:
exercise its powers and perform its duties
18. On page 16, from line 41, to omit "provincial policy framework", and to substitute:
provincial disaster management framework
19. On page 16, in line 45, to omit "provincial policy framework", and to substitute "provincial disaster management framework".
20. On page 16, in line 50, to omit "those of".
CLAUSE 31
1. That the Clause be rejected.
NEW CLAUSE
1. That the following be a new Clause to follow Clause 30:
Head of provincial disaster management centre
31. (1) The MEC responsible for the department in which a provincial disaster management centre is located, must, subject to subsection (2) and legislation governing the public service, appoint a person as the head of the provincial disaster management centre.
(2) A person appointed as the head of a provincial disaster management centre holds office on terms and conditions set out in a written employment contract which must include terms and conditions setting performance standards.
(3) The head of a provincial disaster management centre—
(a) is responsible for the exercise by the centre of its powers and the performance of its duties; and
(b) takes all decisions of the centre in the exercise of its powers and the performance of its duties, except decisions taken by another person in consequence of a delegation by the head of the centre.
(4) The head of a provincial disaster management centre performs the functions of office subject to section 30(3).
CLAUSE 32
1. On page 17, in line 10, to omit "role players", and to substitute "role-players".
2. On page 17, from line 20, to omit paragraph (a), and to substitute:
(a) A provincial disaster management centre may, in writing, request any provincial organ of state or person in possession of information reasonably required by that centre for the purpose of subsection (1)(a) or (b), to provide such information to the centre within a reasonable period determined by the centre.
3. On page 17, in line 24, to omit paragraph (b).
CLAUSE 33
1. On page 17, from line 34, to omit paragraph (a), and to substitute:
(a) ways and means of –
(iv) monitoring the likelihood of, and the state of alertness to, disasters that may occur;
2. On page 17, in line 43, to omit "high risk", and to substitute "high-risk".
3. On page 17, in line 45, to omit "risk avoidance", and to substitute "risk-avoidance".
CLAUSE 34
1. On page 17, from line 51, to omit "sections 37, 38, 48 and 49", and to substitute:
sections 38, 39, 52 and 53
1. On page 18, in line 1, to omit "and institutional role players".
3. On page 18 in line 2, to omit "and".
4. On page 18 after line 6, to add the following subparagraph:
(iii) the compliance in the province with key performance indicators envisaged by section 7(2)(m); and
CLAUSE 35
1. On page 18, from line 11, to omit "whether the event is a disaster" and to substitute:
whether the event should be regarded as a disaster
2. On page 18, in line 17, to omit "role players", and to substitute "role-players".
CLAUSE 36
1. On page 18, in line 25, to omit "must annually submit a report", and to substitute:
must submit a report annually
2. On page 18, after line 28, to insert the following paragraph:
(b) the results of the centre’s monitoring of prevention and mitigation initiatives;
3. On page 18, from line 38, to omit paragraph (g), and to substitute:
(g) progress with the preparation and regular updating in terms of sections 38 and 39 of disaster management plans and strategies by provincial organs of state involved in disaster management in the province; and
4. On page 18, from line 44, to omit subsection (3), and to substitute:
"(3) The provincial disaster management centre must, at the same time that its report is submitted to the relevant MEC in terms of subsection (1), submit a copy of the report to the National Centre and to each municipal disaster management centre in the province.
HEADING
1. On page 18, in line 46, to omit "Part 3: Duties and powers of provincial government", and to substitute:
Part 3: Powers and duties of provincial government
NEW CLAUSE
1. On page 18, after line 46, to insert the following new Clause to follow Clause 36:
Provincial disaster management advisory forum
37. (1) The MEC responsible for disaster management in a province may establish a provincial disaster management advisory forum consisting of –
(2) A forum envisaged by subsection (1) is a body in which a provincial government and relevant disaster management role-players in the province consult one another and co-ordinate their actions on matters relating to disaster management in the province.
CLAUSE 37
1. On page 19, in line 10, to omit "role players", and to substitute "role-players".
2. On page 19, in line 13, to omit "development plans", and to substitute "planning".
3. On page 19. from line 14, to omit subsection (3), and to substitute:
(3) (a) 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.
(b) If a provincial organ of state fails to submit a copy of its disaster management plan or of any amendment to the plan in terms of paragraph (a), the National Centre or relevant provincial disaster management centre must report the failure to the MEC responsible for disaster management in the province, who must take such steps as may be necessary to secure compliance with that paragraph, including reporting the failure to the provincial legislature.
CLAUSE 38
1. On page 19, in line 21, to omit "role players", and to substitute "role-players".
2. On page 19, from line 23, to omit subsection (2), and to substitute:
(2) A disaster management plan for a province must –
(a) form an integral part of development planning in the province;
(b) anticipate the types of disaster that are likely to occur in the province and their possible effects;
(c) guide the development of measures that reduce the vulnerability of disaster-prone areas, communities and households;
(d) seek to develop a system of incentives that will promote disaster management in the province;
(e) identify the areas or communities at risk;
(f) take into account indigenous knowledge relating to disaster management;
(g) promote disaster management research;
(h) identify and address weaknesses in capacity to deal with possible disasters;
(i) provide for appropriate prevention and mitigation strategies;
(j) facilitate maximum emergency preparedness; and
(k) 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. On page 19, from line 40, to omit subsection (3) and to substitute:
(3) Municipal organs of state in the province, to the extent required by the province, may be requested to co-operate with the province in preparing a disaster management plan for the province.
CLAUSE 39
1. On page 19, in line 49, to omit "section 40", and to substitute "section 41".
2. On page 19, in line 52, to omit "section 40(1)", and to substitute "section 41(1)".
3. On page 19, from line 53, to omit paragraph (b), and to substitute:
(b) in terms of existing legislation and contingency arrangements as augmented by regulations or directions made or issued in terms of section 41(2), if a provincial state of disaster has been declared.
CLAUSE 40
1. On page 20, in line 30, to omit "housing", and to substitute "accommodation".
2. On page 20, after line 44, to insert the following paragraph:
(c) protecting property;
3. On page 20, after line 48, to add the following subsection:
(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;
HEADING
1. On page 20, in line 51, to omit "policy", and to substitute "framework".
CLAUSE 41
1. On page 20, in line 52, to omit "Municipal policy framework", and to substitute:
Municipal disaster management framework
2. On page 21, in line 1, to omit "policy".
3. On page 21, in line 2, to omit "common", and to substitute "uniform".
4. On page 21, in line 10, to omit "policy", and to substitute "framework".
5. On page 21, from line 12, to omit subsection (3), and to substitute:
(3) A municipal disaster management framework must be consistent with the provisions of this Act, the national disaster management framework and the disaster management framework of the province concerned.
CLAUSE 43
1. On page 21, in line 25, to omit "Duties and powers", and to substitute "Powers and duties".
2. On page 21, in line 30, to omit "with a special emphasis", and to substitute:
with special emphasis
3. On page 21, in line 37, to omit "role players", and to substitute "role-players".
4. On page 21, in line 38, to omit "act as a repository and conduit for information", and to substitute:
act as a repository of, and conduit for, information
5. On page 21, from line 40, to omit paragraph (d), and to substitute:
(d) may act as an advisory and consultative body on issues concerning disasters and disaster management in the municipal area for –
6. On page 21, from line 43, to omit paragraph (e), and to substitute:
(e) must make recommendations regarding the funding of disaster management in the municipal area, and initiate and facilitate efforts to make such funding available;
7. On page 21, from line 49, to omit subparagraph (ii), and to substitute:
(ii) on the alignment of municipal legislation with this Act, the national disaster management framework and the relevant provincial disaster management framework; or
8. On page 21, in line 51, to insert "on" before "whether".
9. On page 21, in line 52, to omit "section 51", and to substitute "section 55".
10. On page 22, from line 1, to omit paragraph (g), and to substitute:
(g) must promote the recruitment, training and participation of volunteers in disaster management in the municipal area;
11. On page 22, after line 2, to insert the following paragraphs:
(h) must promote disaster management capacity-building, training and education, including in schools, in the municipal area;
(i) may promote research into all aspects of disaster management in the province;
(j) may give advice and guidance by disseminating information regarding disaster management in the province;
12. On page 22, from line 3, to omit paragraph (h), and to substitute:
(k) may exercise any powers and must perform any duties delegated and assigned to it in terms of section 14;
13. On page 22, in line 10, to omit "its objectives", and to substitute:
the effective exercise of its powers and performance of its duties
14. On page 22, in line 11, to omit "perform its functions", and to substitute:
exercise its powers and perform its duties
15. On page 22, in line 12, after "framework", to insert:
,the disaster management framework of the province concerned and the disaster management framework of its municipality
16. On page 22, in line 15, to insert the following after "framework":
,the disaster management framework of the province concerned and the disaster management framework of its municipality
17. On page 22, in line 19, to omit "those of".
CLAUSE 44
1. That the Clause be rejected.
NEW CLAUSE
1. That the following be a new Clause to follow Clause 44:
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—
(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 of the centre.
(3) The head of a municipal disaster management centre performs the functions of office subject to section 44(3).
CLAUSE 45
1. On page 22, from line 33, to omit "role players", and to substitute "role-players".
2. On page 22, from line 43, to omit subsection (2), and to substitute:
(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 (1)(a) or (b), to provide such information to the centre within a reasonable period determined by the centre.
(b) 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 a may be necessary to secure compliance with the request, including reporting the failure to the municipal council.
NEW CLAUSES
1. That the following be new Clauses to follow Clause 46:
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, the private sector, non-governmental organisations, communities and individuals in the municipal area to assess and prevent or reduce the risk of disasters, including—
(a) ways and means of—
(i) determining levels of risk;
(ii) assessing the vulnerability of communities to disasters that may occur;
(iii) increasing the capacity of communities to minimise the risk and impact of disasters that may occur; and
(iv) monitoring the likelihood of, and the state of alertness to, disasters that may occur;
(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 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 and individuals in the municipal area.
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;
(ii) formal and informal prevention, mitigation and response initiatives by 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 envisaged by section 7(2)(m); and
(b) from time to time, measure performance and evaluate such progress and initiatives.
CLAUSE 46
1. On page 23, in line 4, to omit "whether the event is a disaster", and to substitute:
whether the event should be regarded as a disaster
2. On page 23, in line 11, to omit "role players", and to substitute "role-players".
3. On page 23, in line 16, to omit "local", and to substitute "municipal".
CLAUSE 47
1. On page 23, from line 20, to omit "must annually submit a report", and to substitute:
must submit a report annually
2. On page 23, after line 22, to insert the following paragraph:
(b) the results of the centre’s monitoring of prevention and mitigation initiatives;
3. On page 23, from line 28, to omit subparagraph (ii), and to substitute:
(ii) generally in implementing this Act, the national disaster management framework, the disaster management framework of the province concerned and the disaster management framework of its municipality;
4. On page 23, from line 33, to omit paragraph (g), and to substitute:
(g) 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
5. On page 23, from line 37, to omit subsection (2), and to substitute:
(2) (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 report to the National Centre and the disaster management centre of the province concerned.
(b) The disaster management centre of a district municipality must at the same time also submit a copy of its report to each local municipality in the area of the district municipality.
6. On page 23, after line 40, to add the following subsection:
(3) The disaster management centre of a district municipality that is operated in partnership with local municipalities within the area of the district municipality, must prepare its report in consultation with those local municipalities.
HEADING
1. On page 23, in line 41, to omit "Part 3: Duties and powers of municipalities and municipal entities", and to substitute:
Part 3: Powers and duties of municipalities and municipal entities
NEW CLAUSE
1. On page 23, after line 41, to insert the following new Clause to follow Clause 50:
Municipal disaster management advisory forum
51. (1) A metropolitan or district municipality may establish a municipal disaster management advisory forum consisting of –
(b) a senior representative of each department or component within the administration of the municipality designated by the executive mayor or mayor, as the case may be;
(c) if it is a district municipality, representatives of the local municipalities within the area of jurisdiction of the district municipality;
(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 include –
(2) A forum envisaged by subsection (1) is a body in which a municipality and relevant disaster management role-players in the municipality consult one another and co-ordinate their actions on matters relating to disaster management in the municipality.
CLAUSE 48
1. That the Clause be rejected.
NEW CLAUSE
1. That the following be a new Clause to follow Clause 51:
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 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) 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.
(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 must report the failure 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 reporting the failure to the municipal council.
CLAUSE 49
1. That the Clause be rejected.
NEW CLAUSE
1. That the following be a new Clause to follow Clause 52:
Disaster management plans for municipal areas
53. (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;
(c) regularly review and update its plan; and
(d) through appropriate mechanisms, processes and procedures established in terms of Chapter 4 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), consult the local community on the preparation or amendment of 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 types of disaster that are likely to occur in the municipal area and their possible effects;
(c) place emphasis on measures that reduce the vulnerability of disaster-prone areas, communities and households;
(d) seek to develop a system of incentives that will promote disaster management in the municipality;
(e) identify the areas or communities at risk;
(f) take into account indigenous knowledge relating to disaster management;
(g) promote disaster management research;
(h) identify and address weaknesses in capacity to deal with possible disasters;
(i) provide for appropriate prevention and mitigation strategies;
(j) facilitate maximum emergency preparedness; and
(k) 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 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 of the district municipality concerned.
CLAUSE 50
1. On page 24, in line 41, to omit "section 51", and to substitute "section 55".
2. On page 24, in line 42, to omit "a metropolitan municipality", and to substitute:
the council of a metropolitan municipality
3. On page 24, in line 44, to omit "a district municipality", and to substitute:
the council of a district municipality
4. On page 24, in line 48, to omit "the local municipality", and to substitute:
the council of the local municipality
5. On page 24, in line 54, to omit "section 51(1)", and to substitute "section 55(1)".
6. On page 25, from line 1, to omit paragraph (b), and to substitute:
(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 has been declared.
7. On page 25, from line 3, to omit subsection (4), and to substitute:
(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
CLAUSE 51
1. On page 25, in line 31, to omit "housing", and to substitute "accommodation".
2. On page 25, after line 44, to insert the following paragraph:
(c) protecting property;
3. On page 25, in line 38, to omit "rehabilitation; and", and to substitute "rehabilitation; or".
4. On page 25, after line 48, to add the following subsection:
(5) A municipal state of disaster that has been declared in terms of subsection (1) –
(a) lapses three months after it has so been declared;
CLAUSE 52
1. On page 26, in line 9, to omit "must", and to substitute "may".
2. On page 26, in line 19, to omit "schemes", and to substitute "programmes".
3. On page 26, from line 20, to omit paragraph (f), and to substitute:
(f) the magnitude and severity of the disaster, the financial capacity of the victims of the disaster and their accessibility to commercial insurance.
CLAUSE 53
1. On page 26, in line 25, to omit "must", and to substitute "may".
2. On page 29, in line 36, before "whether" to insert the following:
the magnitude and severity of the disaster and
NEW CHAPTER
1. That the following be a new Chapter to follow Chapter 6:
CHAPTER 7
DISASTER MANAGEMENT VOLUNTEERS
Disaster management volunteers
58. (1) A metropolitan or a district municipality may establish a unit of volunteers to participate in disaster management in the municipality.
(2) Any person that meets the minimum prescribed requirements may apply to enrol as a volunteer in the unit of volunteers of a relevant municipality.
(3) (a) The National Centre must maintain a register of all volunteers enrolled in a unit of volunteers.
(b) A municipality that has established a unit of volunteers must submit the prescribed particulars of any person that has enrolled in terms of subsection (2) to the National Centre within 21 days of such a person’s enrolment.
(4) A unit of volunteers may participate in exercises related to disaster management organised by one or more municipal disaster management centres, a provincial disaster management centre or the National Centre.
(5) The Minister may prescribe the following:
(a) The command structure of a unit of volunteers;
(b) components within a unit of volunteers;
(c) the requirements for, and recruitment of, a volunteer;
(d) the manner in which any member of a unit of volunteers is to be activated and deployed;
(e) the training of volunteers;
(f) the use of equipment by volunteers;
(g) the defraying of expenses incurred by volunteers;
(h) uniforms of volunteers
(i) insignia to be worn by –
(i) different units of volunteers;
(j) the transfer of a volunteer from one unit of volunteers to another unit of volunteers.
CLAUSE 54
1. That the Clause be rejected.
NEW CLAUSE
1. That the following be a new Clause to follow Clause 58:
Regulations
59. (1) The Minister may make regulations not inconsistent with this Act –
(a) concerning any matter that—
(i) may or must be prescribed in terms of a provision of this Act; or
(ii) is necessary to prescribe for the effective carrying out of the objects of this Act; and
(b) providing for the payment, out of moneys appropriated by Parliament for this purpose, of compensation to any person, or the dependents of any person, whose death, bodily injury or disablement results from any event occurring in the course of the performance of any function entrusted to such person in terms of this Act.
(a) must –
(i) determine the basis upon which and the conditions subject to which compensation must be paid in terms of such regulations;
(ii) determine the authority responsible for the administration of such regulations;
(b) may, without derogating from the generality of the provisions of subsection (1)(b) –
(i) determine the persons who must be regarded as dependants for purposes of such regulations;
(3) 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.
(4) Any regulations made by the Minister in terms of subsection (1), must be referred to the National Council of Provinces for purposes of section 146(6) of the Constitution.
CLAUSE 55
1. On page 26, in line 51, to omit "local", and to substitute "municipal".
NEW CLAUSES
1. On page 27, after line 10, to insert the following new Clauses to follow Clause 61:
Scope of assistance by organs of state
62. Where an organ of state provides assistance to another organ of state for purposes of this Act, the officials and equipment of the organ of state so providing assistance, must, for purposes of conditions of employment, utilisation of equipment and insurance, be deemed to be deployed within the normal area of jurisdiction of the organ of state providing assistance.
Special events
63. (1) Any organiser of a special event must have a disaster management plan for the special event, which plan must at least provide for the following:
(2) The head of the relevant municipal disaster management centre may request a copy of a disaster management plan referred to in subsection (1), and if such a plan does not exist, or is deficient, the head of the disaster management centre –
(a) must first take such steps as may be necessary to secure compliance by the said organiser with subsection (1); and
(b) may thereafter cancel the special event in question if the steps referred to in paragraph (a) are unsuccessful to secure compliance by the organiser with subsection (1).
Phasing in of certain provisions of this Act
64. (1) (a) The Minister, by notice in the Gazette, may phase in the application of the provisions of this Act which place a financial or administrative burden on organs of state by determining the period within which, and the extent to which, an organ of state must comply with a particular provision of this Act.
(b) The period referred to in paragraph (a) may not exceed two years after the commencement of this Act.
(2) A notice in terms of subsection (1), may –
(d) determine different periods in respect of different organs of state identified in terms of paragraphs (a) to (c).