AIM OF THE DISASTER MANAGEMENT BILL is to AIM OF THE DISASTER MANAGEMENT BILL is to provide for-provide for-

• An integrated, co-ordinated and common approach to disaster managementAn integrated, co-ordinated and common approach to disaster management

• A disaster management policy that focuses on: A disaster management policy that focuses on:

- - preventing or reducing the risk of preventing or reducing the risk of disasters;disasters;

-- mitigating the severity of mitigating the severity of disasters;disasters;

-- emergency preparedness; emergency preparedness;

-- rapid and effective response to rapid and effective response to disasters; anddisasters; and

-- post-disaster recoverypost-disaster recovery

DISASTER MANAGEMENT BILL GIVES EFFECT TO THE DISASTER MANAGEMENT BILL GIVES EFFECT TO THE WHITE PAPER ON DISASTER MANAGEMENT WHICH WAS WHITE PAPER ON DISASTER MANAGEMENT WHICH WAS PUBLISHED IN JANUARY 1999PUBLISHED IN JANUARY 1999

• New approach to disaster managementNew approach to disaster management

– Focus is predominantly on the importance of Focus is predominantly on the importance of measures to avoid and minimise human and measures to avoid and minimise human and economic losseseconomic losses

– Establishes prevention and mitigation as the core Establishes prevention and mitigation as the core principles of a new disaster management policyprinciples of a new disaster management policy

NEW APPROACH CALLS FORNEW APPROACH CALLS FOR

• Strengthened capacity to track, collate, monitor and Strengthened capacity to track, collate, monitor and disseminate information on phenomena and activities disseminate information on phenomena and activities that trigger disastrous events.that trigger disastrous events.

• An increased commitment to prevention and mitigation An increased commitment to prevention and mitigation actions such as policies, – contingency plans and actions such as policies, – contingency plans and projects of both government and the private sector.projects of both government and the private sector.

(Role players include government, the private (Role players include government, the private sector, communities and other non-sector, communities and other non-

governmental institutions.)governmental institutions.)

WHITE PAPER PROPOSED SEVEN WHITE PAPER PROPOSED SEVEN KEYPOLICY MEASURESKEYPOLICY MEASURES

• Integration of risk reduction strategies into all Integration of risk reduction strategies into all development initiatives.development initiatives.

• Development of strategy to reduce vulnerability of Development of strategy to reduce vulnerability of people to disasters – especially poor and disadvantaged people to disasters – especially poor and disadvantaged communitiescommunities

• Establishment of a National Disaster Management Establishment of a National Disaster Management CentreCentre

• Introduction of a new disaster management funding Introduction of a new disaster management funding systemsystem

• Establishes a framework to enable communities to be Establishes a framework to enable communities to be informed, alert and self-reliant and capable of supporting and informed, alert and self-reliant and capable of supporting and cooperating with government in disaster prevention and cooperating with government in disaster prevention and mitigation.mitigation.

• Introduction and implementation of new disaster management Introduction and implementation of new disaster management legislation which legislation which

– Brings about a uniform approach to disaster managementBrings about a uniform approach to disaster management

– Seeks to eliminate confusion by current legislationSeeks to eliminate confusion by current legislation

– Addresses legislative shortcomingsAddresses legislative shortcomings

DISASTER MANAGEMENT DISASTER MANAGEMENT BILL, 2001BILL, 2001

CONTENTSCONTENTS

CHAPTER 1CHAPTER 1

• DefinitionsDefinitions• The Bill defines The Bill defines inter alia –inter alia –

– ‘‘disaster’ disaster’ as a progressive or sudden, widespread or localised, natural or as a progressive or sudden, widespread or localised, natural or human caused occurrence which causes or threatens to cause death, injury or human caused occurrence which causes or threatens to cause death, injury or disease, damage to property, infrastructure or the environment, or disruption of disease, damage to property, infrastructure or the environment, or disruption of a community, and is of such a magnitude that exceeds the ability of those a community, and is of such a magnitude that exceeds the ability of those affected by the disaster to cope with its effects using only their own resources.affected by the disaster to cope with its effects using only their own resources.

– ‘‘disaster management’ means a continuous and integrated multi-sectoral, disaster management’ means a continuous and integrated multi-sectoral, multi-disciplinary process of planning and implementation of measures aimed multi-disciplinary process of planning and implementation of measures aimed at –at –

(a)(a) preventing or reducing the risk of disasters;preventing or reducing the risk of disasters;(b)(b) mitigating the severity or consequences of mitigating the severity or consequences of disasters;disasters;(c)(c) emergency preparedness;emergency preparedness;(d)(d) a rapid and effective response to disasters; a rapid and effective response to disasters; andand(e)(e) post-disaster recovery and rehabilitation.post-disaster recovery and rehabilitation.

• Application of the ActApplication of the Act– The Disaster Management Act will not apply where a state of The Disaster Management Act will not apply where a state of

emergency is declared in terms of the State of Emergency Act, emergency is declared in terms of the State of Emergency Act, 1997 or where a disastrous occurrence can be dealt with effectively 1997 or where a disastrous occurrence can be dealt with effectively in terms of other national legislation.in terms of other national legislation.

– The Disaster Management Act will prevail over provincial legislation The Disaster Management Act will prevail over provincial legislation regulating disaster management in a province where such regulating disaster management in a province where such legislation is inconsistent with this Act, subject to section 146 of the legislation is inconsistent with this Act, subject to section 146 of the Constitution.Constitution.

– The Disaster Management Act will be administered by a Cabinet The Disaster Management Act will be administered by a Cabinet member designated by the President.member designated by the President.

CHAPTER 2CHAPTER 2

• INTER-GOVERNMENTAL STRUCTURES AND POLICY INTER-GOVERNMENTAL STRUCTURES AND POLICY FRAMEWORKFRAMEWORK

- Inter-governmental Committee on Disaster ManagementInter-governmental Committee on Disaster Management

- Established by the President and comprising Cabinet Ministers, Established by the President and comprising Cabinet Ministers, members of the Executive Council of each province, involved in members of the Executive Council of each province, involved in disaster management, and representatives of organised local disaster management, and representatives of organised local government – the Minister is the chairperson of the Committee.government – the Minister is the chairperson of the Committee.

• NATIONAL DISASTER MANAGEMENT FRAMEWORKNATIONAL DISASTER MANAGEMENT FRAMEWORK

– The framework must, The framework must, inter aliainter alia

• Outline a coherent, transparent and inclusive policy on disaster Outline a coherent, transparent and inclusive policy on disaster managementmanagement

• Guide the development and implementation of the concept of disaster Guide the development and implementation of the concept of disaster managementmanagement

• Establish prevention and mitigation as the core principles of the disaster Establish prevention and mitigation as the core principles of the disaster management policymanagement policy

• Give effect to the application of co-operative governance regarding Give effect to the application of co-operative governance regarding disaster management as well as the involvement of the private sector, disaster management as well as the involvement of the private sector, NGOs, communities and volunteersNGOs, communities and volunteers

• Provide incentives for disaster management training and capacity-Provide incentives for disaster management training and capacity-building.building.

• NATIONAL DISASTER MANAGEMENT ADVISORY NATIONAL DISASTER MANAGEMENT ADVISORY FORUMFORUM

– Established by the MinisterEstablished by the Minister

• Comprising Comprising inter aliainter alia

– The Head of the National Disaster Management CentreThe Head of the National Disaster Management Centre– Senior representatives of relevant national departmentsSenior representatives of relevant national departments– Senior representatives of provincial departmentsSenior representatives of provincial departments– Representatives of organised local governmentRepresentatives of organised local government– Organised businessOrganised business– The insurance industryThe insurance industry– Religious and welfare organisations and other relevant NGOsReligious and welfare organisations and other relevant NGOs– Institutions that can provide science and technology advice or Institutions that can provide science and technology advice or

support.support.

CHAPTER 3CHAPTER 3• Part 1:Part 1:

– provides for the provides for the establishmentestablishment of a National Disaster Management Centre, the of a National Disaster Management Centre, the objectiveobjective of the National Centre, of the National Centre, appointmentappointment of the of the HeadHead of the Centre and the of the Centre and the staffstaff, , as well as the as well as the duties, powers and responsibilities.duties, powers and responsibilities.

– Describes the duties and powers of the National Centre, which include:Describes the duties and powers of the National Centre, which include:

• Identifying and establishing communication links with disaster management role playersIdentifying and establishing communication links with disaster management role players

• Act as a repository of, and conduit for, information concerning disasters and disaster Act as a repository of, and conduit for, information concerning disasters and disaster managementmanagement

• Gather informationGather information

• Develop disaster management plans and strategiesDevelop disaster management plans and strategies

• Develop guidelinesDevelop guidelines

• Give advice and guidanceGive advice and guidance

• Classification and recording of disastersClassification and recording of disasters

• Part 2:Part 2:

– Deals with the Deals with the duties and powers of national governmentduties and powers of national government, , i.e.i.e.

• Preparation of disaster management plansPreparation of disaster management plans

• Responsibilities in the event of a national disasterResponsibilities in the event of a national disaster

• Declaration of a national state of disaster.Declaration of a national state of disaster.

CHAPTERS 4 and 5CHAPTERS 4 and 5

• Chapters 4 and 5 of the Bill provide for Chapters 4 and 5 of the Bill provide for provincial disaster provincial disaster managementmanagement and and municipal disaster managementmunicipal disaster management, , respectively.respectively.

• Similar to the provisions in Chapter 3 (national disaster Similar to the provisions in Chapter 3 (national disaster management)management)

– Provincial and municipal governments are required to establish a Provincial and municipal governments are required to establish a disaster management centre for the province or municipalitydisaster management centre for the province or municipality

– The functions and duties are generally equivalent to those of the The functions and duties are generally equivalent to those of the National Disaster Management CentreNational Disaster Management Centre

• Each provincial organ of state and municipality will also be required to Each provincial organ of state and municipality will also be required to prepare disaster management plans within their respective areas of prepare disaster management plans within their respective areas of operation.operation.

• Special powers are also given to provinces and municipalities to Special powers are also given to provinces and municipalities to declare provincial and local states of disasterdeclare provincial and local states of disaster in order to augment their in order to augment their powers to deal with provincial and local disasters.powers to deal with provincial and local disasters.

• In the case of In the case of functionsfunctions that must be performed at that must be performed at national level onlynational level only, , e.g.e.g.

– The development and maintenance of the electronic database, the The development and maintenance of the electronic database, the Provincial and Municipal Disaster Management Centres will be Provincial and Municipal Disaster Management Centres will be required to required to render support servicesrender support services to the National Centre. to the National Centre.

CHAPTER 6CHAPTER 6

• Deals with funding of post-disaster recovery Deals with funding of post-disaster recovery and rehabilitation and lays down certain and rehabilitation and lays down certain guiding principles in this regard.guiding principles in this regard.

• Chapter 6 must be read with sections 16 and Chapter 6 must be read with sections 16 and 25 of the Public Finance Management Act, 25 of the Public Finance Management Act, 1999, which provide for the release of funds by 1999, which provide for the release of funds by way of direct charges against the National and way of direct charges against the National and Provincial Revenue Funds in the case of Provincial Revenue Funds in the case of emergencies for which funds were not emergencies for which funds were not budgeted.budgeted.

CHAPTER 7CHAPTER 7

• Provides for -Provides for -

– the promulgation of regulationsthe promulgation of regulations

– declares certain contraventions of the Act as declares certain contraventions of the Act as punishable offencespunishable offences

– The usual indemnities for functionaries when The usual indemnities for functionaries when exercising their statutory powers in terms of the Act exercising their statutory powers in terms of the Act in good faith. in good faith.