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Disaster Management Act, 2002 (Act No. 57 of 2002)

Chapter 1 : Interpretation, Application and Administration of Act

2. Application of Act

 

(1) This Act does not apply to an occurrence falling within the definition of "disaster" in section 1
(a) if, and from the date on which, a state of emergency is declared to deal with that occurrence in terms of the State of Emergency Act, 1997 (Act No. 64 of 1997); or
(b) to the extent that that occurrence can be dealt with effectively in terms of other national legislation—
(i) aimed at reducing the risk, and addressing the consequences of occurrences of that nature; and
(ii) identified by the Minister by notice in the Gazette,

 

(2) The Minister may, in consultation with Cabinet members responsible for the administration of national legislation referred to in subsection (1)(b), issue guidelines on the application of that subsection.

 

(3) Where provincial legislation regulating disaster management in a province is inconsistent with this Act, this Act prevails over the provincial legislation subject to section 146 of the Constitution.