| (1) |
When a disastrous event occurs or threatens to occur the National Centre must, for the purpose of the proper application of this Act, determine whether the event should be regarded as a disaster in terms of this Act, and if so the National Centre must immediately— |
| (a) |
assess the magnitude and severity or potential magnitude and severity of the disaster; |
| (b) |
classify the disaster as a local, provincial or national disaster in accordance with subsections (4), (5) and (6); |
| (bA) |
inform the relevant provincial disaster management centre of the decision on the classification of the disaster made in terms of paragraph (b); and |
[Subsection (1)(bA) substituted by section 9(a) of Act No. 16 of 2015]
| (c) |
record the prescribed particulars concerning the disaster in the prescribed register. |
| (2) |
When assessing the magnitude and severity or potential magnitude and severity of a disaster, the National Centre— |
| (b) |
may enlist the assistance of an independent assessor to evaluate the disaster on site. |
| (3) |
The National Centre may reclassify a disaster classified in terms of subsection (1)(b) as a local, provincial or national disaster at any time after consultation with the relevant provincial or municipal disaster management centres, if the magnitude and severity or potential magnitude and severity of the disaster is greater or lesser than the initial assessment. |
| (b) |
the municipality concerned, or, if it is a district or local municipality that municipality either alone or with the assistance of local municipalities in the area of the district municipality is able to deal with it effectively. |
| (i) |
more than one metropolitan or district municipality in the same province; or |
| (ii) |
a single metropolitan or district municipality in the province and that metropolitan municipality, or that district municipality with the assistance of the local municipalities within its area, is unable to deal with it effectively; and |
| (iii) |
[Subsection (5)(a)(iii) deleted by section 9(b) of Act No. 16 of 2015] |
[Subsection (5)(a) substituted by section 9(b) of Act No. 16 of 2015]
| (b) |
the province concerned is able to deal with it effectively. |
| (6) |
A disaster is a national disaster if it affects— |
| (a) |
more than one province; or |
| (b) |
a single province which is unable to deal with it effectively. |
| (7) |
Until a disaster is classified in terms of this section, the disaster must be regarded as a local disaster. |
| (8) |
The classification of a disaster in terms of this section designates primary responsibility to a particular sphere of government for the co-ordination and management of the disaster, but an organ of state in another sphere may assist the sphere having primary responsibility to deal with the disaster and its consequences. |
National Small Business Act, 1996 (Act 102 of 1996)
