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Disaster Management[No. 13 of 2010 73

THE DISASTER MANAGEMENT ACT, 2010

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Short title

Interpretation

Application ofAct

PART II

THE NATIONAL DISASTER MANAGEMENT AND

MITIGATION UNIT

Establishment of National Disaster Management and

Mitigation Unit

Functions of Unit

Powers of Unit

Prevention and mitigation of disasters

Establishment of National Disaster Management Council

Functions of Council

Establishment of National Disaster Management Technical

Committee

Functions of Technical Committee

Proceedings of Technical Committee

National Co-ordinator

Directories and records

15. Disaster Management Information System

Single copies of this Act may be obtained from the Government Printer

PO. Box 30136, 10100 Lusaka. Price K16,000

74 No. 13 of 2010]Disaster Management

PART III

PROVINCIAL DISASTER MANAGEMENT

COMMITTEES

Establishment of Provincial Disaster Management

Committees

Composition of Provincial Committee

Functions of Provincial Committee

Provincial Disaster Management Co-ordinator

20 . Proceedings of Provincial Committees

PART IV

DISTRICT AND SATELLITE DISASTER MANAGEMENT

COMMITTEES

Establishment of District Disaster Management Committees

Functions of District Committee

Proceedings of District Committee

District Disaster Management Co-ordinator

Powers of District Disaster Management Co-ordinator

Satellite Disaster Management Committees

Functions of Satellite Committee

Proceedings of Satellite Committees

29. Disaster management volunteers

Disaster Management[No. 13 of 2010 75

PART V

THE NATIONAL DISASTER RELIEF TRUST FUND

National Disaster Relief Trust Fund

Administration and management of Trust Fund

Application of Trust Fund

Financial year

Statement of income and expenditure

Annual report

PART VI

DECLARATION OF NATIONAL DISASTER

Declaration of national disasters and disaster areas

Regulatory powers in state of disaster

PART VII

DISASTER MANAGEMENT PLANS

National disaster management plan

Post disaster reconstruction, rehabilitation and recovery plan

Sector disaster management plans

PART VIII

GENERAL PROVISIONS

General offences

42. Regulations

Disaster Management[No. 13 of 2010 77

GOVERNMENT OF ZAMBIA

ACTNo. 13 of 2010

Date ofAssent: 13thApril, 2010

An Act to establish and provide for the maintenance and operation of a system for the anticipation, preparedness, prevention, coordination, mitigation and management of disaster situations and the organisation of relief and recovery from disasters; establish the National Disaster Management and Mitigation Unit and provide for its powers and functions; provide for the declaration of disasters; establish the National Disaster Relief Trust Fund; provide for the responsibilities and involvement of the members of the public in disaster management; and provide for matters connected with, or incidental to, the foregoing. [16thApril, 2010

ENACTED by the Parliament of Zambia.Enactment

PART I

PRELIMINARY

1. This Act may be cited as the Disaster Management Act,

2010.Short title

2. In this Act, unless the context otherwise requires -

"Council" means the National Disaster Management Councilestablished under section eight; " disaster area " means an area in which a disaster occurs and which is declared as such an area under section thirty- six;" disaster " means an event that is associated with the impact of a human induced or natural hazard, which causes a serious disruption in the functioning of a community or society, causing widespread human, material orenvironmental losses which exceeds the ability of the affected community or society to cope with the hazard using its own resources;

Interpretation

78 No. 13 of 20101Disaster Management

disaster management " means a continuous and integrated multi-sectoral, multi-disciplinary process of planning and implementation of measures aimed at - preventing or reducing the risk of disasters; mitigating the severity or consequences of disasters; emergency preparedness; a rapid and effective response to disasters; and (e) post-disaster recovery and rehabilitation; " disaster preparedness " means activities and measures taken in advance to ensure effective response to the impact of hazards, including the issuance of timely and effective early warnings and the evacuation of people and economic assets from a threatened location; " disaster prevention " means measures or actions taken to avoid, eliminate, or prevent harmful natural or human adverse phenomena or hazards from causing or resulting in a disaster; " District Committee " means the District Disaster Management Committee established under sectiontwenty- one; " District Development Co-ordinating Committee " means the District Development Co-ordinating Committee established by Government as a forum for co-ordinating the planning and implementation of development activities at the district level; " District Disaster Management Co-ordinator " means the person appointed as such under section twenty-four; " early warning " means the provision of timely and effective information, through relevant institutions, that allows individuals exposed to any hazard, to take action to avoid or reduce their risk and prepare for effective response; "emergency" means an event, actual or imminent, which endangers or threatens to endanger life, property or the environment and which requires a significant and co- ordinated response;

Disaster Management[No. 13 of 2010 79

" essential commodities " means food supplies, water, shelter, health care, sanitation, clothing, equipment and any other basic necessity or service given to a victim of a disaster, hazard or emergency to save the victim's life; " hazard" means a potentially damaging physical event such as an earthquake, a hurricane, flood, drought, fire, epidemic, phenomenon or human activity, which may cause injury or the loss of life, damage to property, social and economic disruption or environmental degradation, and includes latent conditions that may represent future threats and can have different origins, natural and human induced; " health facility " has the meaning assigned to it in the HealthAct No. 24

Professions Act, 2009;of 2009

" health practitioner " has the meaning assigned to it in theAct No. 24

Health Professions Act, 2009;of 2009

" local authority "means a council established under the LocalCap. 281

Government Act;

" mitigation " means structural and non-structural measures undertaken to limit the adverse impact of natural hazards, environmental degradation and technological hazards; " National Co-ordinator " means the National Co-ordinator of the Unit appointed under section thirteen; " Provincial Committee " means the Provincial Disaster Management Committee established under section sixteen; Provincial Development Co-ordinating Committee " means the Provincial Development Co-ordinating Committee established by Government as a forum for co-ordinating the planning, implementation and monitoring of development activities at the Provincial level; " Provincial Disaster Management Co-ordinator " means the person appointed as such under section nineteen; " rapid on-set disaster " means a disaster that occurs usually as a result of a sudden natural event such as a flash flood, an earthquake, epidemic, fire, cyclone, civil disturbance, oilspill, influx of refugees or transport accident;

80 No.13of 2010]Disaster Management

"rehabilitation, reconstruction and recovery "meansmeans measures to help restore the livelihoods, assets and production levels of emergency affected communities, to re-build essential infrastructure, productive capacities, institutions and services destroyed or rendered non-operational by a disaster, and to help bring about sustainable development by facilitating the necessary adjustments to the changes caused by the disaster and improving on the status quo, where possible; "relief " means emergency provision of assistance to save people's lives in the immediate wake of a disaster, including search and rescue, evacuation, distribution of food and water, temporary provision of sanitation, health care and shelter, and the restoration of immediate personal security; " resilience" means capacity to withstand the negative effects of a hazard; "risk" means the probability of harmful consequences such as deaths or injuries, or expected losses of property or livelihoods, disruption of economic activity, or environmental damage, resulting from interaction between natural or human induced hazards and vulnerable conditions; " Satellite Committee " means the Satellite Disaster Management Committee established pursuant to section twenty-six; " Technical Committee " means the National Disaster

Management Technical Committee established under

section ten; " Trust Fund " means the National Disaster Relief Trust Fund established under section thirty; " Unit " means the Disaster Management and Mitigation Unit established under section four; " volunteer " means a person providing, or assisting in the provision of, disaster management services; " vulnerability " means a set of conditions and processes resulting from physical, social, economic, and environmental factors which increase the susceptibility of a community to the impact of hazards; and "warrant holder" means a public officer with authority to control and account for public funds and resources.

Disaster Management[No. 13 of 2010 81

3. This Act does not apply to an occurrence or event -

if, from the date on which it occurs, an emergency is declared to deal with that occurrence or event under the Emergency Powers Act; or to the extent that the occurrence can be dealt with effectively under any other law aimed at reducing the risk, and addressing the consequences of occurrences of that nature.

Application

of Act

Cap. 108

PART II

THE NATIONAL DISASTER MANAGEMENT AND MITIGATION UNIT

4. (1) There is hereby established the National Disaster

Management and Mitigation Unit which shall be responsible for the implementation of the provisions of thisAct. The Unit shall be a department in the Office of the Vice-

President.

The expenses of the Unit shall be charged upon and issued out of the general revenues of the Republic.

5. (1) The Unit shall be the Secretariat to the entire national

disaster management structure, and shall implement all disaster management programmes and activities in the country (2) Without limiting the generality of subsection (1), the Unit shall - act as the central planning, co-ordinating and monitoring institution for prevention, mitigation, preparedness, response and post disaster recovery taking into account all potential disaster risks; advise the Technical Committee on the progress and constraints in disaster management and on other matters relating to the management of disaster relief operations; warn the public of an imminent disaster and predict its effects; maintain a data collection and dissemination system, and national strategic reserves of essential commodities and equipment for immediate disaster relief; (e) formulate disaster prevention, mitigation, preparedness, response and rehabilitation strategies and action plans to meet all foreseeable requirements in consultation with Government, non-governmental organisations and donor agencies;

Establishment

of National

Disaster

Management

and

Mitigation

Unit

Functions of

Unit

82 No. 13 of 2010]Disaster Management

prepare and update the disaster management plans and the supporting disaster management manual; prepare an over-arching national disaster contingency plan and co-ordinate cross sectoral plans; (h) establish an early warning system covering all sectors and hazard sources and maintain close links with the different institutions that provide early warning services;

0 develop and sustain viable, effective structures and

capacities at the national level, provincial level and within the districts; U) take all necessary measures in order to prevent, alleviate, contain and minimize the effects of disasters; (k) conduct public and media briefings on disaster-related programmes, progress and constraints; (1) act as an advisory and consultative body on issues concerning disasters and disaster management; make post disaster reconstruction, rehabilitation and recovery plans; promote the recruitment, training and participation of volunteers in disaster management; establish and manage an Emergency Operations Centre, which shall be the nerve centre to monitor emergencies and feed into the normal operations of the Unit; act as a central clearing house for the reporting of disasters and dissemination of output from the Technical

Committee during a disaster;

conduct assessments, before, during and after disasters; work with authorities in other countries that are responsible for disaster management to exchange information and have access to international expertise and assistance in respect of disaster management; and (s) carry out and co ordinate all research relevant to its functions for the purpose of advising the Council and the Technical Committee on measures necessary for disaster prevention and preparedness. (3) The Unit shall exercise and perform such other functions and powers as are conferred or imposed on it by, or under, this Act or any other written law.

Disaster Management[No. 13 of 2010 83

Powers of

Unit

6. (1) The Unit may -

request, in writing, any Government department or Ministry, an organisation, institution, person or body of persons, to furnish to the Unit such information for the purposes of disaster prevention, mitigation, preparedness, response and rehabilitation, as the Unit may require for purposes of this Act; during the existence of a disaster, request from any Government department or Ministry, an institution, organisation, person or persons, vehicles, equipment, property, supplies and other materials, necessary to mitigate the disaster; and (c) direct, in writing, a local authority, statutory corporation, utility, person or body to institute, enforce, take or administer necessary measures to prepare for, prevent or mitigate a disaster. A person who provides any vehicles, equipment, building, property, supplies or other materials pursuant to subsection (1) shall be entitled to fair compensation thereof from the Government. The President may, by statutory instrument, regulate the procedure, criteria, type and the determination of compensation to be given to any person under this Act.

7. (1) The Unit shall give guidance to Government ministries

and departments, the private sector, non-governmental organisations, communities and individuals to assess and prevent or reduce the risk of disasters, including - (a) ways and means of - determining levels of risks; assessing the vulnerability of communities, households, environment and economic assets to disasters; increasing the capacity of communities and households to minimise the risk and impact of disasters; and monitoring the likelihood of, and the state of alertness to, disasters; (b) the development and implementation of appropriate prevention and mitigation methodologies;

Prevention

and mitigation of disasters

84 No. 13 of 2010]Disaster Management

the integration of prevention and mitigation methodologies with development plans, programmes and initiatives; and the management of high-risk developments. The Unit shall promote formal and informal initiatives that encourage risk-avoidance behaviour by Government ministries and departments, the private sector, non-governmental organisations, communities and individuals.

The Unit shall -

(a) monitor - progress with the preparation and regular updating of disaster management plans and strategies by persons, institutions and organisations involved in disaster management; formal and informal prevention, mitigation and response initiatives by Government departments and ministries, the private sector, non- governmental organisations and communities, including the integration of the initiatives with development plans; and (b) measure performance and evaluate such progress and initiatives.

Establishment

of National

Disaster

Management

Council

8. (1) There is hereby established the National Disaster

Management Council.

(2) The Council shall consist of the following part-time members who shall be appointed by the President: the Vice President, who shall be the Chairperson; the Minister responsible for defence, who shall be the

Vice- Chairperson; and

(c) the Ministers responsible for- home affairs; health; agriculture; energy; information; national planning; (vii) local government;

Disaster Management[No. 13 of 2010 85

communication; community development; education; minerals development; works and supply; and environment and natural resources. The Council may, for purposes of this Act, co-opt any other Minister or Provincial Minister, with the approval of the

President.

The National Coordinator of the Unit shall be an a officio member of the Council. (5) The President may, by statutory instrument, make regulations to provide for the procedure, meetings and quorum of the Council and any other matter relating to the Council.

9. The functions of the Council shall be to -

formulate and update the national disaster policy; direct line Ministries to take up their responsibility during disaster and non-disaster periods; mobilise resources for disaster management; approve national disaster management plans and guidelines; and (e) recommend to the President, the declaration ofquotesdbs_dbs17.pdfusesText_23

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