Related documents
- Is commenced by Commencement of Disaster Risk Management Act, 2012
Disaster Risk Management Act, 2012
Act 10 of 2012
- Published in Government Gazette 5029 on 3 September 2012
- Assented to on 1 August 2012
- Commenced on 31 December 2013 by Commencement of Disaster Risk Management Act, 2012
- [This is the version of this document from 3 September 2012 and includes any amendments published up to 29 November 2024.]
Part I – PRELIMINARY PROVISIONS
1. Definitions
In this Act, unless the context indicates otherwise -“chief regional officer” means a chief regional officer as defined in section 1 of the Regional Councils Act;“Committee” means the National Disaster Risk Management Committee established in terms of section 4;“constituency” means as constituency for which a member of a regional council has been elected as determined in terms of section 4 of the Regional Councils Act;[The phrase “as constituency” should be “a constituency”.]“constituency committee” means a constituency disaster risk management committee established in terms of section 15;“Director” means the Director: Disaster Risk Management appointed in terms of section 11(2);“Directorate” means the Directorate: Disaster Risk Management established in terms of section 11(1);“disaster” means any serious disruption of the functioning of a community or society, posing a significant, widespread threat to human life, health, property or the environment, which exceeds the ability of the affected community or society to cope using its own resources resulting from -(a)natural disaster, major accident or other significant events howsoever caused;(b)destruction or pollution;(c)scarcity of essential supplies;(d)disruption of essential services;(e)influx of refugees;(f)plague or epidemic of diseases; or(g)economic failure; or[The “or” at the end of paragraph (g) appears to be in error.]“disaster institutions” means the institutions for disaster risk management referred to in section 3;“disaster risk management” means a continuous and integrated multi-sectoral and multi- disciplinary process of planning and implementation of measures aimed at -(a)preventing or reducing the risk of disasters;(b)mitigating the severity or consequences of disasters;(c)emergency preparedness;(d)a rapid and effective response to disasters; and(e)post-disaster recovery and rehabilitation;“disaster risk reduction” means the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, application of measures including environmental management, land-use and urban planning, protection of critical facilities, application of science and technology, partnership and networking, and financial instruments, early warning systems including forecasting, dissemination of warnings, preparedness measures and reaction capacities;“disaster response” means the activities and programs designed to address the immediate and short-term effects of the onset of an emergency or a disaster that include immediate actions to save lives, protect property, and meet basic human needs;“Fund” means the National Disaster Fund established by section 45;“governmental institution” means -(a)a ministry, an agency or office as defined in section 1 of the Public Service Act, 1995; or(b)any statutory body;“head of a local authority council” means the mayor of a local authority or the political head of a town or village council;“local authority” means a municipality, town or village as defined in terms of section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);“local authority council” means a municipal, town or village council as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);“local authority committee” means a local authority disaster risk management committee established in terms of section 17(1);“local disaster” means a local disaster declared in terms of section 38;“prescribe” means prescribe by regulations made under section 57;“region” means a region as defined in section 1 of the Regional Councils Act;“regional committee” means a regional disaster risk management committee established in terms of section 14;“regional council” means a regional council as defined in section 1 of the Regional Councils Act;“regional councilor” means a member of a regional council elected in terms of section 4(2) of the Regional Councils Act;“Regional Councils Act” means the Regional Councils Act, 1992 (Act No. 22 of 1992);“regional disaster” means a regional disaster declared in terms of section 35;“regional governor” means the governor of a region appointed as such in terms of section 2 of the Special Advisors and Regional Governors Appointment Act, 1990 (Act No. 6 of 1990);“repealed law” means the laws repealed by section 59;“settlement area” means a settlement area as defined in section 1 of the Regional Councils Act;“settlement committee” means a settlement disaster risk management committee established in terms of section 16;“state of national disaster” means a state of national disaster declared in terms of section 30 but excludes a state of national defence or public emergency declared as a state of emergency by the President in terms of Article 26(1) of the Namibian Constitution;“statutory body” means -(a)any commission established by or in terms of the Namibian Constitution or any legislation in Namibia; or(b)a State-owned enterprise as defined in section 1 of the State-owned Enterprises Governance Act, 2006 (Act No. 2 of 2006);[The State-owned Enterprises Governance Act 2 of 2006 was re-named the Public Enterprises Governance Act 2 of 2006 by Act 8 of 2015 (GG 5835).]“this Act” includes regulations made under section 57;“volunteer” means a person who has applied to be a volunteer and whose name is entered in a register of volunteers in terms of section 19;“vulnerability” means a set of conditions and processes rooted in conditions of physical, social, economic and environmental factors which increase the susceptibility of an individual or community to the impact of hazards; and“Vulnerability Committee” means the Namibia Vulnerability Assessment Committee established by section 13.2. Responsibilities of Prime Minister
Part II – NAMIBIA DISASTER RISK MANAGEMENT INSTITUTIONS
3. Disaster risk management institutions
4. National Disaster Risk Management Committee
5. Functions, duties and powers of the Committee
The Committee is responsible for -6. Tenure and vacation of office
7. Conduct of members and disclosure of interest
8. Procedure and meetings of Committee
9. Sub-committees
10. Administration and finance
11. Directorate: Disaster Risk Management
12. National focal persons
13. Namibia Vulnerability Assessment Committee
14. Regional Disaster Risk Management Committees
15. Constituency Disaster Risk Management Committees
16. Settlement Disaster Risk Management Committees
17. Local Authorities Disaster Risk Management Committees
18. Disaster risk management volunteer units
The Prime Minister may by regulation establish one or more disaster risk management volunteer units whose membership, conditions of membership, disciplinary matters, uniform and equipment, training, remuneration will be as prescribed.19. Volunteers
Part III – DISASTER RISK MANAGEMENT FRAMEWORK, PROGRAMMES AND PLANS
20. National disaster risk management framework
21. National disaster risk management plan
22. Governmental institutions disaster risk management programmes
23. Governmental institutions disaster risk management plans
24. Regional disaster risk management programmes
25. Regional disaster risk management plans
26. Disaster risk management programmes for settlements
27. Disaster risk management plans for settlements
28. Disaster risk management programmes for local authorities
29. Disaster risk management plans for local authorities
Part IV – DECLARATION OF STATE OF DISASTER
30. Declaration of state of national disaster
31. Responsibilities of Committee during state of national disaster
When a state of national disaster has been declared in Namibia or in any part of Namibia, the Committee must -32. Authorised officers for national disaster
The Director is an authorised officer for the purposes of this Act, but during a state of national disaster the chairperson of the Committee, may designate staff members in the public service or appoint other persons to be authorised officers for such periods and for such areas and subject to such conditions as may be specified in the instrument designating or appointing the staff member or person.33. General powers of authorised officers
34. Power of authorised officers to requisition land and property
35. Declaration of a regional disaster
36. Responsibilities of regional governor during a regional disaster
When a regional disaster has been declared in a region or in any part of a region, the regional governor after consultation with the regional committee for the region must -37. Authorised officers for regional disaster
38. Declaration of a local disaster
39. Authorised officers for local disaster
40. Establishment of Crisis Committee during state of disaster
41. Involvement of uniformed forces in disaster situations
42. Compensation for loss of or damage to property
43. Compensation for death or injury
44. Indemnity for persons acting under this Act
The Prime Minister, a member of the Committee, a member of a regional, constituency, settlement or local authority committee, a sub-committee established in terms of this Act, a local authority disaster risk management centre or a person in the service of the State, a regional or local authority council, a volunteer or any person who exercises a power or performs a duty or function required to be performed in terms of this Act, is not liable for any loss or damage as a result of bodily injury, loss of life or loss of or damage to property, which is caused by or arises out of or in connection with anything which is done or performed in good faith in the exercise or performance of a power, function or duty conferred or imposed in terms of the provisions of this Act.Part V – NATIONAL DISASTER FUND
45. Establishment of Fund
There is established a fund to be known as the National Disaster Fund which is a fund designated for a special purpose as contemplated in article 125(3) of the Namibian Constitution.46. Finances of Fund
The Fund consists of -47. Advances to Fund
48. Objectives of Fund
The objective for which the Fund is established is to serve as a contingency fund and for the development and promotion of disaster risk management in Namibia.49. Application of Fund
50. Administration of Fund and accountability
51. Financial year of Fund and auditing of books, accounts and balance sheets
52. Exemption from payment of tax and other charges and other related matters
Part VI – GENERAL
53. Application of other laws
Subject to section 56, the provisions of this Act apply without prejudice to the provisions of any law in force in Namibia regarding disaster risk management, emergency situations or civil defence or protection except that if there is any inconsistency between that other law and the provisions of this Act the provisions of this Act prevail.54. Co-operation agreements
55. Training
56. Offences and penalties
57. Regulations
58. Application of Act
Unless otherwise provided for in any law regulating diplomatic privileges and immunities in Namibia, the provisions of this Act do not apply to or in respect of -59. Repeals and savings
60. Short title and commencement
History of this document
31 December 2013
Commenced by
Commencement of Disaster Risk Management Act, 2012
03 September 2012 this version
01 August 2012
Assented to
Cited documents 7
Act 7
1. | Local Authorities Act, 1992 | 1335 citations |
2. | Regional Councils Act, 1992 | 392 citations |
3. | State Finance Act, 1991 | 153 citations |
4. | Posts and Telecommunications Act, 1992 | 132 citations |
5. | Mental Health Act, 1973 | 97 citations |
6. | Public Enterprises Governance Act, 2006 | 93 citations |
7. | Special Advisers and Regional Governors Appointment Act, 1990 | 44 citations |
Documents citing this one 39
Gazette 21
Proclamation 14
Judgment 3
Government Notice 1
1. | Disaster Risk Management Regulations, 2013 |
Subsidiary legislation
Title
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Date
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Disaster Risk Management Regulations, 2013 | Government Notice 349 of 2013 | 15 November 2017 |