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

Chapter 8 : Miscellaneous

59. Regulations

 

(1) The Minister may make regulations not inconsistent with this Act
(a) concerning any that—
(i) may or must be prescribed in terms of a provision of this Act; or
(ii) is necessary to prescribe for the effective carrying out of the objects of this Act;
(b) providing for the payment, out of moneys appropriated by Parliament for this purpose, of compensation to any person, or the dependants of any person whose death, bodily injury or disablement results from any event occurring in the course of the performance of any function entrusted to such person in terms of this Act;
(c) concerning the focus areas of the national disaster management education, training and research frameworks; and
(d) concerning the declaration and classification of disasters.

[Subsection (1) substituted by section 22 of Act No. 16 of 2015]

 

(2) Regulations referred to in subsection (1)(b)—
(a) must—
(i) determine the basis upon which and the conditions subject to which compensation must be paid in terms of such regulations:
(ii) determine the authority responsible for the administration of such regulations;
(b) may, without derogating from the generality of the provisions of subsection (1)(b)—
(i) determine the persons who must be regarded as dependants for purposes of such regulations;
(ii) provide for the revision and, in appropriate cases, the discontinuance or reduction of any compensation payable in terms of such regulations;
(iii) prohibit the cession, assignment or attachment of any compensation payable in terms of such regulations, or the right to any such compensation;
(iv) determine that any compensation received in terms of such regulations must not form part of the estate of the recipient, should such estate be sequestrated;
(v) provide that if, in the opinion of the authority referred to in paragraph (a)(ii), it is for any reason undesirable to pay the whole amount of any compensation payable in terms of such regulations directly to the person entitled thereto, the said authority may direct that such compensation, or any part thereof, be paid to some other person, on such conditions as to its administration for the benefit of such first-mentioned person or his or her dependants as that authority may determine.

 

(3) The Minister may, in terms of subsection (1), prescribe a penalty of imprisonment for a period not exceeding six months or a fine for any contravention of or failure to comply with, a regulation.

 

(4) Any regulations made by the Minister in terms of subsection (1) must be referred to the National Council of Provinces for purposes of section 146(6) of the Constitution.