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

Chapter 5 : Municipal Disaster Management

Part 3 : Powers and duties of municipalities and municipal entities

54. Responsibilities in event of local disaster

 

(1) Irrespective of whether a local state of disaster has been declared in terms of section 55—
(a) the council of a metropolitan municipality is primarily responsible for the co-ordination and management of local disasters that occur in its area; and
(b) the council of 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 council of 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 55(1) or
(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

 

(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.