Disaster Management Act, 2002 (Act No. 57 of 2002)Chapter 4 : Provincial Disaster ManagementPart 3 : Powers and duties of provincial government40. 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. |