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

Chapter 4 : Provincial Disaster Management

Part 2 : Provincial disaster management centres

30. Powers and duties

 

(a) must specialise in issues concerning disasters and disaster management in the province;
(b) must promote an integrated and co-ordinated approach to disaster management in the province, with special emphasis on prevention and mitigation by—
(i) provincial organs of state in the province; and
(ii) other role-players involved in disaster management in the province;
(c) must act as a repository of, and conduit for, information concerning disasters, impending disasters and disaster management in the province;
(d) may act as an advisory and consultative body on issues concerning disasters and disaster management in the province to—
(i) organs of state and statutory functionaries;
(ii) the private sector and non-governmental organisations; and
(iii) communities and individuals;
(e) must make recommendations regarding the funding of disaster management in the province, and initiate and facilitate efforts to make such funding available;
(f) may make recommendations to any relevant organ of state or statutory functionary
(i) on draft legislation affecting this Act, the national disaster management framework or any other disaster management issue;
(ii) on the alignment of provincial or municipal legislation with this Act and the national disaster management framework; or
(iii) in the event of a provincial disaster, on whether a provincial state of disaster should be declared in terms of section 41;
(g) must promote the recruitment, training and participation of volunteers in disaster management in the province;
(h) must promote disaster management capacity building, training and education, including in schools, in the province;
(i) may promote research into all aspects of disaster management in the province;
(j) may give advice and guidance by disseminating information regarding disaster management in the province, especially to communities that are vulnerable to disasters;
(k) may exercise any powers and must perform any duties delegated and assigned to it in terms of section 14; and
(l) may assist in the implementation of legislation referred to in section 2(1)(b) to the extent required by the administrator of such legislation and approved by the MEC responsible for the department in which the centre is located.

 

(2) A provincial disaster management centre may engage in any lawful activity in the province, whether alone or together with any other organisation, aimed at promoting the proper exercise of its powers or performance of its duties,

 

(3) A provincial disaster management centre must exercise its powers and perform its duties—
(a) within the national disaster management framework and the provincial disaster management framework referred to in section 28;
(b) subject to the policy directions of the MEC responsible for disaster management in the province acting within the national disaster management framework and the provincial disaster management framework;
(c) in accordance with the administrative instructions of the head of the provincial department in which it is located; and

(d)        subject to the Public Finance Management Act, 1999.

 

(4) A provincial disaster management centre must liaise and co-ordinate its activities with the National Centre and the municipal disaster management centres in the province.