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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

55. Declaration of local state of disaster

 

(1) In the event of a local disaster the council of a municipality having primary responsibility for the co-ordination and management of the disaster may, by notice in the Provincial Gazette, declare a local state of disaster if—
(a) existing legislation and contingency arrangements do not adequately provide for that municipality to deal effectively with the disaster; or
(b) other special circumstances warrant the declaration of a local state of disaster

 

(2) If a local state of disaster has been declared in terms of subsection (1), the municipal council concerned may, subject to subsection (3) , make by-laws or issue directions, or authorise the issue of directions concerning—
(a) the release of any available resources of the municipality, including stores, equipment, vehicles
(b) the release of personnel of the municipality for the rendering of emergency services;
(c) the implementation of all or any of the provisions of a municipal disaster management plan that are applicable in the circumstances;
(d) the evacuation to temporary shelters of all or part of the population from the disaster-stricken or threatened area if such action is necessary for the preservation of life;
(e) the regulation of traffic to, from or within the disaster-stricken or threatened area;
(f) the regulation of the movement of persons and goods to, from or within the disaster-stricken or threatened area;
(g) the control and occupancy of premises in the disaster-stricken or threatened area;
(h) the provision, control or use of temporary emergency accommodation
(i) the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area;
(j) the maintenance or installation of temporary lines of communication to, from or within the disaster area;
(k) the dissemination of information required for dealing with the disaster;
(l) emergency procurement procedures;
(m) the facilitation of response and post-disaster recovery and rehabilitation: or
(n) other steps that may be necessary to prevent an escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster.

 

(3) The powers referred to in subsection (2) may be exercised only to the extent that this is necessary for the purpose of—
(a) assisting and protecting the public;
(b) providing relief to the public;
(c) protecting property;
(d) preventing or combating or
(e) dealing with the destructive and other effects of the disaster.

 

(4) By-laws made in terms of subsection (2) may include by-laws prescribing penalties for any contravention of the by-laws.

 

(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;
(b) may be terminated by the council by notice in the Provincial Gazette before it lapses in terms of paragraph (a): and
(c) may be extended by the council by notice in the Provincial Gazette for one month at a time before it lapses in terms of paragraph (a) or the existing extension is to expire.