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Disaster Management Act, 2002 (Act No. 57 of 2002)

Chapter 3 : National Disaster Management

Part 1 : National Disaster Management Centre

Powers and duties of National Centre

15. General powers and duties

 

(1) The National Centre must, subject to other provisions of this Act, do all that is necessary to achieve its objective as set out in section 9, and, for this purpose—
(a) must specialise in issues concerning disasters and disaster management;
(b) must monitor whether organs of state and statutory functionaries comply with this Act and the national disaster management framework and must monitor progress with post-disaster recovery and rehabilitation;
(c) must act as a repository of, and conduit for, information concerning disasters, impending disasters and disaster management;
(d) may act as an advisory and consultative body on issues concerning disasters and disaster management  to—
(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 make recommendations regarding the funding of disaster management and initiate and facilitate efforts to make such funding available;
(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) on the alignment of national, provincial or municipal legislation with this Act and the national disaster management framework; or
(iii) in the event of a national disaster, on whether a national state of disaster should be declared in terms of section 27;
(g) must promote the recruitment, training and participation of volunteers in disaster management;
(h) must promote disaster management capacity building, training and education throughout the Republic, including in schools, and, to the extent that it may be appropriate, in other southern African states;
(i) must promote research into all aspects of disaster management;
(j) may assist in the implementation of legislation referred to in section 2(1)(b) to the extent required by the administrator of such legislation and approved by the Minister; and
(k) may exercise any other powers conferred on it, and must perform any other duties assigned to it in terms of this Act.

 

(2) The National Centre may—
(a) engage in any lawful activity, whether alone or together with any other organisation in the Republic or elsewhere, aimed at promoting the effective exercise of its powers or the effective performance of its duties;
(aA) in any event of a disaster, or a potential disaster, call on the South African National Defence Force, South African Police Service and any other organ of state to assist the disaster management structures;

[Subsection (2)(aA) inserted by section 7(a) of Act No. 16 of 2015]

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

 

(3) The National Centre must exercise its powers and perform its duties—
(a) within the national disaster management framework;
(b) subject to the directions of the Minister; and
(c) [Subsection (3)(c) deleted by section 7(b) of Act No. 16 of 2015]
(d) subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999).

 

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