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

Chapter 4 : Provincial Disaster Management

Part 3 : Powers and duties of provincial government

40. Responsibilities in event of provincial disaster

 

(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 31.

 

(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 41(1); or
(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.

 

(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.