National Small Business Act, 1996 (Act 102 of 1996)
R 385
Disaster Management Act, 2002 (Act No. 57 of 2002)Chapter 5 : Municipal Disaster ManagementPart 3 : Powers and duties of municipalities and municipal entities54. Responsibilities in event of local disaster |
| (1) | Irrespective of whether a local state of disaster has been declared in terms of section 55— |
| (a) | the council of a metropolitan municipality is primarily responsible for the co-ordination and management of local disasters that occur in its area; and |
| (b) | the council of a district municipality, acting after consultation with the relevant local municipality, is primarily responsible for the co-ordination and management of local disasters that occur in its area. |
| (2) | A district municipality and the relevant local municipality may, despite subsection (1)(b), agree that the council of the local municipality assumes primary responsibility for the co-ordination and management of a local disaster that has occurred or may occur in the area of the local municipality. |
| (3) | The municipality having primary responsibility for the co-ordination and management of a local disaster must deal with a local disaster— |
| (a) | in terms of existing legislation and contingency arrangements, if a local state of disaster has not been declared in terms of section 55(1) or |
| (b) | in terms of existing legislation and contingency arrangements as augmented by by-laws or directions made or issued in terms of section 55(2), if a local state of disaster has been |
| (4) | This section does not preclude a national or provincial organ of state, or another municipality or municipal organ of state from providing assistance to a municipality to deal with a local disaster and its consequences. |
