Disaster Management Act, 2002 (Act No. 57 of 2002)Chapter 5 : Municipal Disaster ManagementPart 3 : Powers and duties of municipalities and municipal entities55. 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. |