Disaster Management Act, 2002 (Act No. 57 of 2002)Chapter 4 : Provincial Disaster ManagementPart 3 : Powers and duties of provincial government41. Declaration of provincial state of disaster |
| (1) | In the event of a provincial disaster, the Premier of a province, after consultation with the other MEC’s, may, by notice in the Provincial Gazette, declare a provincial state of disaster if— |
| (a) | existing legislation and contingency arrangements do not adequately provide for the provincial executive to deal effectively with the disaster; or |
| (b) | other special circumstances warrant the declaration of a provincial state of disaster. |
| (2) | If a provincial state of disaster has been declared in terms of subsection (1), the Premier of the province concerned may, subject to subsection (3) make regulations or issue directions or authorise the issue of directions concerning— |
| (a) | the release of any available resources of the provincial government, including stores, equipment, vehicles and facilities; |
| (b) | the release of personnel of a provincial organ of state for the rendering of emergency services; |
| (c) | the implementation of all or any of the provisions of a provincial 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; |
| (n) | steps to facilitate international assistance; or |
| (o) | 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 disruption; or |
| (e) | dealing with the destructive and other effects of the disaster. |
| (4) | Regulations made in terms of subsection (2) may include regulations prescribing penalties for any contravention of the regulations. |
| (5) | A provincial 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 Premier by notice in the Provincial Gazette before it lapses in terms of paragraph (a); and |
| (c) | may be extended by the Premier 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 due to expire. |