Professional Documents
Culture Documents
JAMAICA
No.1 - 2015
I assent,
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Governor-General
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enter in~ such transactions, which in the opinion of the Office are nec-
essary or expedient to ensure the proper perfonnance of its functions.
6.--( 1) The Minister may, after consultation with the Chairman, Power of
the Mini.ter
give to the Office such directions of a general character as to the policy to iuue
to be followed by the Office in the discharge of its functions as appear leneral
to the Minister to be necessary inthe public interest. directions
on malters
of policy.
(2) The Office shall furnish to the Minister such infonnation as
he may require with respect to the activities of the Office.
7.-{l) The Minister shall appoint a Director-General for the Office. Appoin1ment
of Director-
(2) The Director-General shall be incharge of the day-to-day General md
. 0fth e Offi ceo
management an d operations otber
officers.
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12 [No. 1 The Disaster Risk Management Act, 2015
(b) any other monies and other property which may in any
manner become payable or be vested in the Office in respect
of any matter incidental to its functions.
(2) Tbeexpenses of the Office (including remuneration of the
members of staff thereof) shall be paid out of the funds and resources
of the Office.
Accounts and 12.-{ I) The Office shall keep 8CCOWlts and other records in relation
audit. to its business, and shall prepare annually a statement of accounts in a
form that conforms with established accounting standards.
(2) The accounts of the Office shall be audited annually by an
auditor appointed by the Board and approved by the Minister.
(3) The auditor's fees and expenses of the audit shall be paid
by the Office.
(4) The Auditor-General may, at any time examine and report
on the 8CCOWlts of the Office.
(5) The Office shall, before a date specified by the Minister,
not being later than thirty days before the date specified in subsection
(6), submit to the Minister for his approval, proposed estimates of rev -
enue and expenditure for the ensuing financial year.
(6) The latter date referred to in subsection (5) is the date
specified in section 7(1) of the Public Bodies Management and
Accountability Act for delivery to the Minister responsible for finance
and the Minister of a draft corporate plan for the Office.
Report on 13.-{1) The Office shall, within three months after the end of each
Office and
leatement of financial yearorwithin such longetperiod as the Ministermay inspccial
aec;ounts. circumstances allow, cause to be made, and transmitted to the Minister
a report dealing generally with the activities of the Office during that
financial year together with the statement of accounts in respect oftbat
year.
(2) Every report prepared under subsection (1) shall include
for review by the Minister, a draft Disaster Management Policy Review
relating to the mitigation of. preparedness for, response to and recov-
ery from, emergency situations and disasters in Jamaica.
The Disasle Risk Ma"'!gement Act, 2015 [No. 1 t3
(3) The Minister shall after approving the draft Disaster Man-
agement Policy Review, with or without amendment, cause copies of
the report together with copies of the statement of accounts inrespect
of that year and the auditor's report thereon to be laid on the table of
the House of Representatives.
(4) The Director-General shall, after the report has been tabled,
cause the approved Disaster Management Policy Review to be pub-
lished in the Gazette; on the website of the Office and in such other
manner as the Office may detennine.
14. No customs duty or other similar impost, or tax under the Customs duty.
General Consumption Tax Act, shall be payable upon any article ,cncral
consumption
which is imported into Jamaica, or taken out of bond in Jamaica, by IIX,
(5) The Council may review the draft Plan and make recom-
mendations in relation thereto, which recommendations the Council shall
submit to the Office.
(6) The Office shall consider the recommendations of the Coun-
cil and make such modifications to the draft Plan as it considers appro-
priate and shall thereafter submit the draft Plan to the Minister tor his
approval.
(7) Upon approval of the Plan, the Minister shall cause it to be
tabled in both Houses of Parliament.
(8) The provisions of this section apply to the making of an
amendment to a Plan tabled under subsection (7) as they apply to the
making of the Plan.
Preparalion 18. The Director-General shall prepare guidelines to inform
of &uidclincs.
Government agencies (including local authorities). and disaster
committees, regarding any of the following-
(a) the preparation of disaster risk management plans;
(b) the matters to be included in a disaster risk management
pIan;
(c) other matters reJating to the operation of a disaster committee,
that the Director-General considers appropriate having
regard to disaster management for Jamaica.
Sstablishment 19.-{ 1) There shall be a Parish Disaster Committee for each parish
and duties of
Parish whieh shall be constituted inaccordance with the Third Schedule.
Disaster
Committee, (2) The duties of each Parish Disaster Committee shall in-
Tbird elude-
Schedule.
(a) developing a Parish Disaster Risk Management Plan, which
shall be submitted to the Director-General for approval, and
regularly reviewing and assessing that plan;
(b) making disaster management and disaster operations inthe
parish consistent with the national strategic policy ftameworlc
for disaster management;
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Duties of 20.-{ 1) Each local authority for a parish shall be responsible for
local
lIulhorilies, the functions of managing and giving effect to matters within its local
jurisdiction relating to the prevention of, mitigation of*preparation for.
response to and recovery from disasters.
(2) In furtherance ofits functions under subsection(1 ). a local
authority-
(a) shall appoint an officer, who shall be designated as Parish
Disaster Coordinator, to cany out the day-to-day execution
of the functions conferred on the local authority under this
section; and
(b) may assign or designate to any of its officers or employees
such functions as it considers necessary to effectively assist
in its exercise of those functions.
(3) Without limiting the generality of the functions conferred on
a local authority by subsection (1), those functions shall Include-s-
(a) coordinating the preparation, by the Parish Disaster
Committee in consultation with the Office, of a Parish
Disaster Risk Management Plan that is consistent with the
National Disaster Risk Management Plan;
(b) ensuring that the Parish Disaster Risk Management Plan is
published as soon as practicable after being approved;
(c) enswing that there are adequate emergency response plans
in relation to the parish;
(d) monitoring disasterpreparednessactivities inthe parish; and
(e) keeping the Director-OeneraJ advised of the status of disaster
preparedness, and of any adverse or potentially dangerous
situation or conditions in the parish.
(4) Subject to subsection (1)(b), copies of the Parish Disaster
Risk Management Plan shall be kept at loca1authority offices and at the
National Headquarters and at police stations, schools, churches and
the headquarters of other emergency, essential services, or voluntary
organizations in the parish.
The DIIQJler RiJl Managemenl ACI, 201$ [No.] 19
21. The Minister may establish Municipal Disaster Committees for DilUter
Committee.
each Municipality and may by order published in the Gazene specify for
the composition, terms and functions of such Committees which shall municipality.
be consistent with the principal objects of the Office.
22. Where the Minister has established a Municipal Disaster DUlY of
Committee. it shall be the duty of that committee and the Parish Disaster PD~i.h.
lsuer
Committee for the parish in which the Municipality of the Municipality Committee
Disaster Committee is established. to coordinate activities to avoid and
Municipality
overlap in ftmctions and other inefficiencies in their operations. Disaster
Committee
to coordinate
lICtivities.
23.-( 1) EachParish Disaster Committee in consultation with the Zonal
Director-General may establish for each parish such nwnber of Zonal cDisaste.r
ommlltc:e.
Disaster Committees as it considers fit to address zones of particular
vulnerability within the parish.
(2) The functions of a Zonal Disaster Committee shall include
tbedutyto-
(a) provide for public education within the applicable zones
regarding disaster preparedness and emergency response;
(b) liaise with the relevant Parish Disaster Committee on matters
relating to disaster preparedness and emergency response;
(c) nominate persons to be trained as shelter managers;
(d) prepare a zonal disaster plan to be incorporated into the
Parish Disaster Risk Management Plan.
PART IV. National Emergency Operations
Centre and Shelters
24.-( 1) The Director-General shall be responsible for the Natipnal
establishment and maintenance of a National Emergency Operations ~;::!:~;
Centre which shall function as the headquarters of the activities to be Centre and
undertaken by the Director-General, or by any person designated by parish
emergency
the Director-General, in response to a disaster, operations
centres.
(2) The chairman of each Parish Disaster Committee or Mu-
nicipal Disaster Committee, as the case may be, shall be responsible
20 [No. 1 The DistJSler Risk ManagemenJ Act, 2015
27.--( I) Where an order has been made under section 26, an Functions of
au th on'zed 0ffiicer may, lee
ifh b liieves ..It ISnecessary .In th e interest
. 0f autborized
officer in
public safety or public health, and subject to such directions as the disasler or
threatened
Director-General may give, do any of the following in relation to the dislSter.
declared area-
(a) control the movement of persons, animals or vehicles within,
into, out of or around the declared area;
(b) givedirectionstoqulatethemovementofanyperson,animal
or vehicle within, into, out of or around the declared area;
(c) direct the evacuation of the area;
(d) make arrangements for or otherwise facilitate the evacuation
of persons or animals from the declared area or a part of the
area where there is an imminent threat to the life or safety of
persons or animals;
(e) enter any place in the declared area;
(t) take into a place in the declared area the equipment, personnel
or materials reasonably required by the officer forexelcising
a power under this subsection;
(g) direct persons to leave any particular premises and to move
out of the declared area;
(h) require an animal or substance to be contained within the
declared area;
(1) remove or destroy any vegetation, substance or other thing
within the declared area where such removal or destruction
is necessary inthe public interest;
(j) seal, close off, remove, dismantle, demolish or destroy a
vehicle, or a building or other structure, in the declared area
where such vehicle, building or structure is likely to cause
harm to persons or damage to property or likely to cause
loss ofllfe or property;
24 [No. The Disaster Risk Mana_gement Act, 20/5
29.--(1) The Director-General shall liaise with such non-govemmental Liaison and
organizations and private entities as he thinks fit. in relation to the disaster comm.. I.. ~icatJhon
In... Wit
management procedures of those organizations. non-
governmental
(2) For the purposes of subsection (1), the Director-General orpnizations.
may enter into such arrangements with any organization or entity, as he
deems necessary, requiring the organization or entity to provide such
information as may be requested by the Director-General.
(3) The Director-General may, by notice in writing, require
any non-governmental organization, private entity or the owner of any
property where such an organization or entity is located, to submit to
the Director-General a disaster management plan for the organization
or entity.
26 [No. ] The Disaster Risk Management Act, 20lS
(3) The original text or certified copy shall in all legal proceed-
ings be admissible as evidence of the broadcast.
35.-{ 1) The National Alert Tone shall be used by a broadcaster, Duties of
broadcasters.
announcer or such other person when requested by the Office.
(2) Each news item and public service announcement submit-
ted by the Office shall be read inits entirety as issued from the National
Emergency Operations Centre.
(3) Every broadcaster shall ensure that scheduled or desig-
nated times are made available for dissemination of current infonnation
related to disasters.
(4) A broadcaster shall take such steps, as may be necessary,
to broadcast, immediately upon its receipt by the broadcaster, every
news release dispatched by the Office and designated as "URGENT'
or "EMERGENCY'.
(5) Every broadcaster who fails to comply with this section
shall be guilty of an offence and shall beliable on swnmary conviction
before a Resident Magistrate, to a fine not exceeding two hundred
thousand dollars.
PART IX. National Disaster Fund
36. Inthis Part unless the context otherwise requires"Minister" Interprelalion
of Part.
means the Minister responsible for.finance.
37.-( 1) There is hereby established a fund to be known as the National
DiJastcf Fund
National Disam Fundwhich shall comprise- and Fund
Committee.
(a) such monies as may beappropriated annually by Parliament
for that purpose;
(b) an amowt equivalent to one per cent or such other prescribed
percentage oCthe sum paid annually to each local authority
as building fees;
(c) such donations and grants as may be made by persons and
organizations approved bythe Minister; and
30 (No. ] The Disaster Risk Management Act, 2015
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41.-(1) All monies credited to the Fund shall be kept in an account Fund bank
at such bank as the Financial Secretary may approve. Account.
(2) The Fund Conunittee may, with the approval of the Minis-
ter, invest monies credited to the Fund in securities issued by the Bank
of Jamaica or the Government of Jamaica and any interest or benefit
received from such investment shall form part of the Fund.
42.-{ 1) The accounts of the Fund shall be audited and reported Accounts and
upon annually by the auditor appointed by the Minister, and for that audit of Fund
purpose, the auditor or any person authorized by the auditor in that
behalf: shall have access to all books, records, returns and other
documents relating to such accounts.
(2) The chainnan of the Fund Committee shall within three
months after the end of each financial year, cause a report on the ad-
ministration of the Fund to be prepared and forwarded to the Director-
General,
(3) The Director-General, as part of the annual report of the
Office required under section 13, include the report and the statement
of accounts referred to in subsection (2).
PART X. Miscellaneous
43.-( 1) Where a Resident Magistrate is satisfied, on evidence on Order to
oath given by an authorized officer., that the condition of any premises is ~nter and
Inspect.
likely to pose 8 danger of serious injury to persons in the event of a
disaster, the Resident Magistrate may issue or, as the case may be,
renew an order permitting the authorized officer to enter and inspect
those premises.
(2) An order under this section-
(a) shall expire at the end of thirty days after the date on which
it is made, unless it is renewed before expiry for further
periods, not exceeding thirty days each;
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(b) shall be executed during the daylight hours unless the order
authorizes otherwise;
(c) may be issued or renewed on application notwithstanding
that no notice of the application is given to any person who
may be affected thereby.
Entry and 44. -{ 1) Every authorized officer shall-
inspection
of, report on (a) prepare a written report on any inspection carried out Wider
dan&c:rous
premises. section 43 and submit the report to the Director-General,
within seven days after the inspection;
(b) supply a copy thereof to the occupier or such person
appearing to be incontrol of the premises, within fourteen
days after the inspection.
(2) Where the authorized officer is satisfied that the condition
of any premises so inspected by him is likely to pose a danger in the
event of a disaster and that such condition constitutes a contravention
of any other law he shall-
(a) within 14 days after the date of the inspection, submit a copy
of the report to the Ministry, Department or other agency
responsible for the administration of that other law; and
(b) within seven days thereafter, notify the occupier or such
person appearing to be incontrol thereof.
(3) Subsection (4) shall apply in any case where the autho-
rized officer is unable to identify or find an occupier for the purposes of
reporting under subsection (1) or notification under subsection (2).
(4) The notice and report may be given by advertisement in
the Gazette and inat least a daily newspaper published and circulating
island-wide inJamaica
(5) A report under this section shall be admissible as prima
facie evidence inany legal proceedings, whether or not the Crown is a
party to such proceedings.
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(6) Nothing in.this Act affects any right under any other law to
take steps to ameliorate the condition of premises considered to pose
danger WIder subsection (2).
45.~ 1) The Director-General shall provide for- Identification
of omeen.
(a) himself, and members of staff of the Office;
(b) members of volunteer organizations; and
(c) each person falling within paragraphs (b). (d) and (e) of the
definition of ''authorized officer" in section 2,
a distinctive form of identification to be carried by each recipient while
engaged inthe performance ofhis duties under this Act.
(2) An authorized officer who exercises a power WIder section
43 shall. at the time of the inspection-
(a) produce his identification to any person appearing to be in
control of the premises to be inspected; and
(b) explain the purpose of the inspection to that person.
46.~ 1) An authorized officer may, in the event that a disaster is AuChorized
likely- ?fficer's role
In event of
<8> enter any premises at any reasonable time to ensure that t~re.tened
dISaster.
there are no objects in the premises left in such a state as to
be capable of endangering persons or property in the event
of a disaster;
(b) order the proper securing or removal of any such objects
found in those premises;
(C) order the removal to a safe location of any vehicle, boat or
other vessel, or machinery which, in the opinion of the
authorized officer is inaderelict state or found in any premises
or in a public place and is capable of endangering persons
or property inthe event of a disaster;
(d) order the cutting and trimming of trees and branches, which,
in the opinion of the authorized officer, are capable of
34 [No. ] The Disaster Risk Management Acl. 20/5
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Rcsianation 6.-{1) The chainnan may at any time resign his office
of chainnan. by instrument in writing addressed to the Minister and such
resignation shall take effect as from tho date of receipt of
such resignation by tho Minister.
(2) Any member. other than the chairman, may at any
time resign his office by instrument in writing addressed to
the Minister and transmitted through the chairman, and
from the date of the receipt by the Minister of such
instrument such member shall cease to be a member of the
Fund Committee.
Vacancy, 7. In the event ofa vacancy occurring in the membership of
the Fund Commiace sueb vacancy shall be filled by the
appointment of another person as member who shaJl, subject
to the provisions of this Schedule, hold office for the
remainder of tile period for which the previous member was
appointed.
Revocation 8. The Minister may at any time revoke the appointment
of of any member of the Fund Committee if he thinks it
appointment. expedient so to do.
Oazettina 9. The names of all the members of the Fund Committee
of appoint. as first constituted and every change in the membership
ment . thereof shall be published in the Gazette.
Leave of 10.~1) The Minister may, on the application of any
abscacc. member of the Committee, grant leave of absence to such
manber.
(2) The appointment of a member referred to in this
Schedule shall be regarded as tenninated if. without the
grant of leave ofahsence. that member is absent from three
consecutive meetings of the Fund Committee.
Meetinp. J 1.~1) The Fund Committee shall meet as often as may be
necessary or expedient for the transaction of its business
(but meetings shall be held at least once in every two months)
and such meetings shall be held at such times and places
and on such days as the Committee may detennine.
(2) The c:hainnan shall at any time aliI a special meeting
to be held within seven days of a Written request for the
purpose addressed to him by any two members of the Fund
Cornrnitree.
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Passed in the House of Representatives this 7th day of October, 2014 with
four (4) amendments.
MICHAEL A. PEART
Speaker.
Passed in the Senate this 7th day of November. 2014 with eight (8) amendments.
FLOYD E. MORRIS
President,
On the 13th day of January. 2015 the House of Representatives agreed to the
amendments made by the Senate,
MICHAEL A. PEART
Speaker.
, {v LCc-'.
found by me to be a true and correct printed copy
o/Ihe $a~ z, (L~.
e.
Clerk to the Houses of Porliamen;