National Disaster Management Agency Act, 2020 (No. 3 of 2020)

2 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 3 PART I – PRELIMINARY "disaster affected person" means a person who is Interpretation. injured or whose perperty and means of livehood 1. In this Act, unless the context otherwise requires - has been destroyed by a disaster, "Agency" means the National Disaster Management "District Disaster Mangement Committee" means a Agency established under section 2; disrtict forum pf people from different sectors and areas of study with diverse knowledge and skills “authorised officer” means a person designated to brought together to advocate, plan, advice and carry out the functions of the Agency under section promote the implementation of the framework for 47; action to prevent or mitigate disaster; "Chiefdom Disaster Management Committee" means "disaster management" means a continuous and a chiefdom forum of people from different sectors integrated multi-sectoral, multi-disciplinary process and areas of study with diverse knowledge and skills of planning and implementation of measures aimed brought together to advocate, plan, advise and at- promote the inplementation of the framework for action to prevent or mitigate disaster; (a) preventing or reducing the risk of disasters; "Council" means a Chiefdom Council established (b) mitigating the severity or consrquences of under the Chiefdom Councils Act (Cap 61 of the Laws disasters; of Sierra Leone); (c) emergancy preparedness; "Director General" means the Director General of the Agency appointed under section 13; (d) a rapid and effective response to disasters; "disaster" means an occurrence which is widespread (e) post-disaster recovery, rehabilitation, or localised, natural or man-made which- reconstruction and resettlement; (a) casuses or threatens to cause death, injury "disaster stricken or theatened area" means an area or disease, damage to property, livelihood affected by or prone to disaster; infrastructure or the enironment and disruption of the life of the community; "emergency" means a sudden serious event or situation which requires immediate action to avert (b) is of a magnitude that exceeds the ability of a and or miligate a disaster; person affected to cope with its effects by the use of personal resources; and "emergency preparedness" means a state of readiness which enables ministries, departments and agencies, (c) requires a multi-sectoral and multii- local and international organisations involved in disciplinary respsonse;

4 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 5 disaster management, the private sector, communities "response" means measures taken during or and individuals, to mobilise, organise and provide immediately after a disaster in order to bring relief to relief measures to deal with an impending or current people and communities affected by the disaster; disaster or the effects of disaster; "Sierra Leone Meteorological Agency" means the "emergency response operation" means any action Sierra Leone Meteorological Agency established by taken to mitigate the effects of a disaster; the Sierra Leone Meteorological Agency Act, 2017(Act No. 8 of 2017); "Environment Protection Agency" means the Environment Protection Agency established by the "Vice President" means the Vice President of Sierra Environment Protection Agency Act, 2008 (Act No. Leone. 11 of 2008); "vulnerability" means the degree to which an "Government" means the Government of Sierra Leone; individual, members of a household, a community or an area may be susceptible to a disaster; "Minister" means a Minister appointed by the President to perform a specified function under this PART II - ESTABLISHMENT OF THE NATIONAL DISASTER Act; MANAGEMENT AGENCY "National Platform"means the National Platform for Disaster Risk Reduction comprising persons from 2. (1) There is hereby established a body to be known as Establishment different sectors and areas of study with diverse the National Disaster Management Agency to manage disasters and of National knowledge and skills brought together to advocate, similar emergencies throughout Sierra Leone and to develop the Disaster Management plan, advise and promote the implementation of the capacity of communities to respond effectively to disasters and Agency. framework for action to prevent or mtigate disaster; emergencies. "National Platform for Disaster Risk Reduction" means (2) The Agency shall be a body corporate having the National Platform for Disaster Risk Reduction perpetual succession and capable of acquiring, holding and refered to in section 3; disposing of property, whether movable or immovable and of suing and being sued in its corporate name and, subject to this Act, of "prevention" means measures aimed at stopping a performing all such acts as bodies corporate may by law perform. disaster from occurring or preventing an occurrance or a situation from degenerating into a disaster; (3) The Agency shall have a common seal, the use of which shall be authenticated by the signatures of - "Regional Disaster Management Committee" means a regional forum of persons from different sectors and (a) the Chairman or other member of the National areas of study with diverse knowledge and skills Platform authorised either generally or brought together to advocate, plan, advise and specially by the National Platform in that promote the implementataion of the framework for behalf; and action to prevent or mitigate disaster;

6 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 7 (b) the Director General or some other person (l) The Permanent Secretary, Ministry of Works authorised by the National Platform in that and Public Assets; behalf. (m) The Chief Agriculture Officer, Ministry of National 3. (1) The governing body of the Agency shall be the Agriculture, Forestry and Food Security; Platform for National Platform for Disaster Risk Reduction which shall be Disaster Risk Reduction. responsible for the control and supervision of the Agency. (n) The Permanent Secretary, Ministry of Water Resources; (2) The National Platform for Disaster Risk Reduction shall comprise - (o) The Permanent Secretary, Ministry of Basic and Senior Secondary Education; (a) The Vice- President who shall be the Chairman - (p) The Permanent Secretary, Ministry of Tertiary (b) The National Security Coordinator, Office of and Higher Education; National Security who shall be the Deputy Chairman; (q) The Permanent Secretary, Ministry of Information and Communications; (c) The Attorney-General and Minister of Justice; (r) The Permanent Secretary, Ministry of Environment; (d) The Mayor, Freetown City Council; (s) The Permanent Secretary, Ministry of Gender (e) The Executive Chairman, Environment and Children’s Affairs; Protection Agency; (t) The Permanent Secretary, Ministry of Local (f) The Commissioner, National Commission for Government and Rural Development; Social Action; (u) The Inspector-Genral of Police; (g) The Director General, Sierra Leone Meteorological Agency; (v) The Chief of Defence Staff, Ministry of (h) The Chief Social Services Officer, Ministry Defence; of Social Welfare; (i) The Chief Medical Officer, Ministry of Health (w) The Chief Fire Officer, Sierra Leone Fire and Sanitation; Force; (j) The Permanent Secretary, Ministry of Internal Affairs; (x) The President, Sierra Leone Institute of Engineers; (k) The Permanent Secretary, Ministry of Lands;

8 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 9 (y) The Director-General, National Minerals (b) for his inability to perform the functions of Agency; his office by reason of infirmity of mind or body; (z) The Secretary-Genral, Sierra Leone Red Cross; (c) for proven misconduct; (aa) 2 representatives from civil society (d) if he becomes bankrupt or insolvent; Organisations specialising in disaster management or environmental issues, (e) if he is convicted and sentenced for an appointed by the Chairman of the offence involving fraud or dishonesty; organisation; (f) if he fails to attend 3 consecutive meetings (bb) A representative from Sierra Leone of the Board without reasonable cause; Association of Non-governmental Organis- tions specialising in disaster management or (g) if he resigns his office. environmental issues, appointed by the Chairman of the organisation; 5. (1) The National Platform shall meet during a disaster or Meetings of for the dispatch of its business, at the times and places as the the National (cc) The Executive-Director, National Protected Platfoorm. Chairman may consider appropriate. Area Authority; (2) The Chairman shall convene an extraordinary meeting (dd) The Financial Secretary, Ministry of Finance; of the National Platform at- (ee) The Director-General, Ministry of Foreign (a) the time and place as he may determine, or. Affairs and International Coorperation; (b) the request in writing of not less than one (ff) The Director-General, Sierra Leone Civil third of the membership of the National Aviation Authority; Platform. (gg) The Director General, Ministry of Defence; (3) The quorum at a meeting of the National platform is Twenty-three (23). (hh) The Director General of the Agency who shall (4) The Chairman shall preside at every meeting of the be the Secretary. National platform, and in his absence, the Deputy-Chairman shall preside and in his absence, a memeber of the National platform elected Tenure of 4. A person shall cease to be a member of the National Platform by the members present from among their number shall preside. members. on any of the following grounds- (5) Matters before the National Platform shall be decided (a) if he is removed from office; by a majority of the numbers present and voting and in the event of an equality of vote, the Chairman shall have a casting vote.

10 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 11 (6) The National Platform may co-opt any person to (a) ensure that there are appropriate and attend a meeting but that person shall not vote. adequate facilities for rehabilitation, reconstruction and recovery in the event of Disclosure of 6. (1) A member of the National Platform who has any any disaster throughout Sierra Leone; interest. interest, whether direct or indirect in any matter being considered or to be considered by the National Platform, shall disclose the nature (b) liaise with public institutions, non- governmental organisations and donor of his interest to the National Platform and the disclosure shall be agencies for financial support and the recorded in the minutes of the National Platform and such member provision of logistics for the management of shall not take part in any deliberation or decision of the National disasters throughout Sierra Leone; and Platform relating to that matter. (c) perform any other functions incidental to the (2) A member of the National Platform who contravenes functions of the National Disaster subsection (1) shall be guilty of misconduct and shall be removed Management Committee. from the National Platform. (3) The National Platform for Disaster Risk Reduction shall, where a national disaster occurs, perform its functions Immunity of 7. (1) An action or other proceedings shall not lie or be expeditiously and efficiently in accordance with this Act and members of instituted against any member of the National Platform or member of regulations made under it. the National Platform, a committee of the National Platform for or in respect of any act or (4) The National Platform shall collaborate with relevant etc. thing done or omitted to be done in good faith in the exercise of his government agencies, public or private institutions in the management functions under this Act. of national disasters. (2) A member of the National Platform shall not be (5) The National Platform for Disaster Risk Reduction personally liable for any debt or obligation of the Agency. shall report to the chairman of the National Security Council of its activities as deemed necessary for National Security Council meetings . Committees 8. The National Platform may, for the discharge of its of the 10. Where the Chairman or a member of the platform dies, Filling of functions, appoint one or more committees consisting of members National resigns, is removed from office is absent or is by reason of illness vacancies. Platform. of the Agency or non- members or both to perform such functions unable to perform the functions of his office for 3 consecutive and to report to the Agency as the National Platform may determine. meetings - Functions of 9. (1) Subject to this Act, the National Platform shall have (a) the Deputy Chairman of the National Platform the National control and supervision of the Agency, including overseeing the Platfrom. shall act as Chairman and in his absence, sound and proper financial management of the Agency providing the members of the National Platform shall, policy guidance and advice as will ensure the efficient implementation as the case may be, elect one of their number of the functions of the Agency to enhance the overall performance of to act as Chairman until such time as the the Agency. Chairman or Deputy Chairman resumes his office or another is appointed in his stead; (2) Notwithstanding the generality of subsection (1) the and National Platform shall-

12 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 13 (b) in the case of a member, the Chairman shall (iii) action to be taken in the event of a subject to this Act, have another person disaster; appointed to the National Platform. (iv) the control and relief measures to be PART III-FUNCTIONS OF AGENCY taken by Government in the event of a Functions 11. (1) The object for which the Agency is established is to disaster; and of Agency. manage disasters and similar emergencies throughout Sierra Leone and to develop the capacity of communities to respond effectively (v) public co-operation with designated to disasters and emergencies. authorities in the event of a disaster; (2) Without prejudice to the generality of subsection (1) (e) advise Government on matters relating to the Agency shall have responsibility to - disaster and emergency prevention rules and regulations and their correlative sanctions; (a) implement- (f) facilitate the development of communities and (i) Government policy on disaster community based organisations to - prevention, disaster risk reduction and climate risk management; and (i) respond effectively to disasters, and (ii) national, regional, district and chiefdom (ii) improve social mobilisation, disaster management plans; employment generation and poverty reduction; (b) prepare, co-ordinate, monitor, evaluate and update disaster management plans; (g) collate and preserve data on disasters in Sierra Leone; (c) identify, manage and monitor hazards and natural disasters; (h) stockpile, manage, co-ordinate and supervise the distribution of disaster relief items; (d) disseminate information and conduct public education on - (i) human activities most likely to cause disasters in Sierra Leone; (ii) the hazards and natural disasters likely to affect any region, district or chiefdom in Sierra Leone;

14 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 15 (i) analyse and disseminate relevant information (q) ensure the operational preparedness of on disasters to the public; disaster management committees in vulnerable and risk prone areas; (j) ensure the effective flow of information on disasters between the national, regional (r) co-ordinate response and reconstruction district and chiefdom levels of Government; efforts of local and foreign collaborators; (k) organise and equip disaster volunteer groups (s) co-operate with other countries and relevant for disaster management and income institutions in disaster prevention, mitigation generation; and search and rescue operations; (l) sensitise and motivate communities to serve (t) conduct research on matters relating to as voluntary organs to assist in managing disasters and emergencies in Sierra Leone; disasters; and (u) perform any other function ancillary to the (m) provide the first line response in the event of object of the Agency. a disaster; PART IV - ADMINISTRATIVE PROVISIONS (n) organise disaster response simulation exercises; 12. (1) There is established a National Disaster Management National Agency Secretariat that will provide technical and other support to Disaster (0) ensure the provision of adequate facilities Management the Agency and the National Platform. Agency for - (2) Notwithstanding the generality of subsection (1), the Secretariat. (i) technical training in disaster Secretariat shall - preparedness; (a) be responsible for implementing the (ii) educational programmes to create decisions of the National platform; awareness of disasters and the required (b) perform the functions that are incidental to response; and the effective operation of the Agency, and (iii) the establishment of early warning (c) perform any other function that the National systems; platform may specify. (p) investigate reports and analyse the nature of (3) The Director General shall be the head of the hazards, vulnerability and risk situations in Secretariat. particular areas; 13. The Agency shall have a Director General who shall be the Director administrative head of the Agency and shall be appointed by the General. President subject to the approval of Parliament.

16 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 17 (2) A person shall not be appointed Director General (6) The Director General may delegate any of his functions under subsection (1) unless he- to an officer of the Agency but shall not be relieved from ultimate responsibility for the performance of the delegated function. (a) is a citizen of Sierra Leone; 14. (1) The Agency shall have a Deputy Director General Deputy (b) has, at least, 7 years of proven knowledge who shall be appointed by the President subject to the approval of Director General. and experience in the management of Parliament. disasters and emergencies; (2) A person shall not be appointed Deputy Director (c) Holds, at least, a bachelor's degree from a General under subsection (1) unless he- recognised university; and (a) is a citizen of Sierra Leone; (d) has not been convicted of a criminal offence. (b) has 7 years of proven knowledge and (3) The Director General shall be appointed for a term of experience in management of disasters or 5 years and shall be eligible for reappointment for another term of 5 related field; years (c) holds at least a bachelor's degree from a (4) The Director General may be removed from office for recognised university; and - (d) has not been convicted of a criminal offence. (a) inability to perform the functions of the office arising out of mental or physical incapacity; (3) The Deputy Director General shall be appointed for a term of 5 years and shall be eligible for reappointment for another (b) gross misconduct or misbehaviour; term of 5 years (c) incompetence or neglect of duty; or (4) The Deputy Director General may be removed from office for- (d) any other ground that would justify removal from office under his terms and conditions of (a) inability to perform the functions of the office service. arising out of mental or physical incapacity; (5) The Director General shall be responsible to provide (b) gross misconduct or misbehaviour; overall leadership in the management of the day-to-day administration of the Agency and is answerable to the National platform in the (c) incompetence or neglect of duty; or performance of his functions under this Act. (d) any other ground that would justify removal

18 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 19 from office under the terms and conditions (2) The National Platform may abolish or re-organise a of service. department established under subsection (1). (5) The Deputy Director General shall assist the Director PART V- REGIONAL, DISTRICT AND CHIEFDOM DISASTER General in the performance of his duties and in the absence of the MANAGEMENT COMMITTEES Director General shall act as Director General. 20. (1) There is established in each administrative region of Regional Disaster SierraLeone, a Regional Disaster Management Committee. Management Offices of 15. (1) The Director-General may establish offices of the the Agency. Committee. Agency in each of the administrative regions of Sierra Leone and in (2) A Regional Disaster Management Committee shall such district and chiefdom as the National Platform may determine. comprise- (2) A regional, district or chiefdom office established by (a) Resident Minister who shall be the Chairman; the Director-General under subsection (1), shall be provided with such officers and staff as may be necessary for the proper and effective (b) The Provincial Security Coordinator, Office performance of its functions. of National Security who shall be the Deputy Chairman; (3) A regional or district office shall perform the functions (c) The Provincial Secretary; of the Agency in the region, district or chiefdom and in such manner as the National platform may direct. (d) The Brigade Commander, Republic of Sierra Leone Armed Forces; Other staff 16. The Agency shall have other staff as may be required for of Agency. the efficient performance of the functions of the Agency. (e) The Regional Police Commander; (f) The Regional Commander, National Fire Secondment 17. Public officers may at the instance of the Agency, be Force; of public officers. seconded or otherwise render assistance to the Agency but the Agency may request the withdrawal of any such seconded staff (g) The Mayor of the Municipality; who is unable to carry out assigned functions in a manner satisfactory (h) The Regional Coordinator, National to the Agency. Commission for Social Action; Protection of 18. An officer or employee of the Agency or any person acting (i) The District Medical Officer in the region; officers. on the directions of an officer or employee of the Agency shall not be liable in respect of any matter or thing done by him in good faith (j) The Branch Manager, Sierra Leone Red under this Act. Cross; Departments (k) The Regional Head, Environment Protection 19. (1) The National Platform may establish departments Agency; of Agency. within the Agency, at the national, regional, district and chiefdom levels, as it may consider necessary for the effective performance of the functions of the Agency.

20 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 21 (l) The Paramount Chiefs who reside in the (c) The Senior District Officer; region; (d) The Battalion Commander, Republic of Sierra (m) The Regional Information Officer; Leone Armed Forces; (n) A representative from the Ministry of Lands, Housing and the Environment, appointed by (e) The Local Unit Commander, Sierra Leone the Permanent Secretary; Police; (o) The Regional Coordinator of the Agency who (f) The Regional Commander, National Fire shall be the Secretary. Force; (3) The Regional Disaster Management Committee may (g) The District Coordinator, National co-opt members but such members shall not vote. Commission for Social Action; Functions of 21. The Regional Disaster Management Committee shall - (h) The District Medical Officer; Regional Disaster Management (a) prepare in respect of the region, plans for the (i) The District Head, Environment Protection Committee. prevention of disasters and for mitigating the Agency; effects of disaster; (j) The Chairman, Council of Paramount Chiefs; (b) co-ordinate the preparation and implement- ation of regional disaster management plans; (k) The District Information Officer; and (l) The District Director of Agriculture, Ministry (c) perform other functions relevant to the of Agriculture, Forestry and Food Security; Regional Disaster Management Committee. (m) The Branch Manager, Sierra Leone Red Cross; District 22. (1) There is established in each district a District Disaster Disaster Management Committee. (n) a representative from the Ministry of Lands, Management Housing and the Environment, appointed by Committee. (2) The District Disaster Management Committee shall the Permanent Secretary; comprise - (o) The District Youth Chairman, District Youth Council; (a) The District Council Chairman who shall be the Chairman; (p) a representative from a civil society organization specialising in disaster (b) The District Security Coordinator, Office of National Security who shall be the Deputy Chairman;

22 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 23 management or environmental issues, (a) The Paramount Chief who shall be the appointed by the Chairman of the Board; Chairman; (q) The District Coordinator of the Agency who (b) The Community Health Officer; shall be the Secretary. (3) The District Disaster Management Committee may (c) The Company Commander, Republic of Sierra co-opt members but such members shall not vote. Leone Armed Forces; Functions of 23. The District Disaster Management Committee shall - (d) The Officer-in-Charge, Sierra Leone Police; District Disaster Management (a) prepare plans for the district to prevent and (e) The Chiefdom Security Coordinator, Office Committee. mitigate disasters in its area of authority; of National Security; (b) maintain a close liaison with the Regional Disaster Management Committee in drawing (f) a representative from the Sierra Leone Red up its plans; and Cross; (c) perform in the district, the functions directed by the Platform or the Director General. (g) The Chiefdom Youth Chairman; Meetings of 24. (1) A Regional Disaster Plat form Management Committee (h) A representative of a civil society Regional and shall meet during a disaster in the region or for the dispatch of District organisation specialising in disaster business, at the times and places as the Chairman may consider Disaster appropriate. management or environmental issues, Management Committees. appointed by the Chairman of the (2) A District Disaster Management Committee shall meet Organisation; during a disaster in the district or for the discharge of business, at the times and places as the Chairman may consider appropriate. (i) The Chiefdom Coordinator of the Agency (3) A Regional Disaster Management Committee and a who shall be the Secretary; District Disaster Management Committee shall meet at least once every month. (j) One Councillor per chiefdom nominated by (4) Regional and District Disaster Management the District Chairman of Council; Committees shall regulate the procedure of their meetings. (k) The member of Parliament of the Chiefdom 25. (1) There is established in each chiefdom, a Chiefdom Disaster constituency; Management Disaster Management Committee. Committee. (2) The Chiefdom Disaster Management Committee shall comprise-

24 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 25 (3) The Chiefdom Disaster Management Committee may (2) A Regional Disaster Management committee shall co-opt members. inform the National Platform of a disaster that occurs within its region. Functions of 26. The Chiefdom Disaster Management Committee shall- (3) A District Disaster Management Committee shall Chiefdom Disaster inform the Regional Disaster Management Committee and the National Management (a) prepare plans for the chiefdom to prevent and Platform of a disaster in its district. Committee. mitigate disasters in its area of authority; (4) Where a state of emergency has been declared, the (b) maintain a close liaison with the District President may, by Proclamation published in the Gazette, make Disaster Management Committee in drawing Regulations or issue directives for- up its plans; and (a) the release of state resources for the (c) perform in the chiefdom, functions directed management of the disaster; by the Board or the Director General. (b) the use of private resources for the Meetings of 27. (1) A Chiefdom Disaster Management Committee shall management of the disaster; District and Chiefdom meet during a disaster in the chiefdom or for the discharge of business, Disaster at the times and places as the Chairman may consider appropriate. (c) the release of personnel of public or private Management Committees institutions to render emergency services; (2) A District Disaster Management Committee and Chiefdom Management Committee shall meet at least once every (d) the implementation of the whole or part of a month. national disaster management plan; (3) Chiefdom Disaster Management Committees shall (e) the evacuation of the whole or a part of the regulate the procedure for their meetings. population from the disaster-stricken or threatened area to temporary shelters for the PART VI - DECLARATION OF STATE OF EMERGENCY AND preservation of life; RESPONSIBILITY FOR DISASTERS (f) the regulation of traffic to, from or within the Declaration 28. (1) The President may declare a state of emergency in disaster-stricken or threatened area; of state of emergency. accordance with section 29 of the Constitution of Sierra Leone, 1991 (Act No. 6 of 1991) where the National Platform establishes the (g) the regulation of the movement of persons imminence or prevalence of a disaster to the President. and goods to, from or within the disaster- stricken or threatened area;

26 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 27 (h) the control and occupancy of premises in the 29. Where a disaster occurs or threatens to occur in a region, Regional disaster-stricken or threatened area; the relevant regional disaster management committee shall- disaster. (i) the provision, control or use of temporary (a) inform the National Platform for Risk emergency accommodation; Reduction of the disaster and of its initial assessment of the magnitude or potential (j) the suspension or limitation of the sale magnitude and severity of the disaster; dispensation or transportation of alcoholic beverages and food items in the disaster- (b) alert stakeholders concerned with disaster stricken or threatened area; management in that region capable of granting assistance in the circumstances; (k) the prohibition of a person from and manufacturing or carrying arms or ammunition in the disaster- (c) initiate the implementation of contingency stricken or threatened area; plans and emergency procedures that are applicable in the circumstances. (l) the maintenance or installation of temporary lines of communication to, from or within the 30. Where a state of emergency has been declared over a region State of disaster-stricken or threatened area; by the President, the Resident Minister responsible shall issue with emergency with respect respect to that region, directives or authorise directives to be issued to a region. (m) the dissemination of information required for for the following- dealing with the disaster; (a) the release of available state resources in the (n) emergency procurement procedures region for the management of the disaster; notwithstanding the Public Procurement Act,

2016 (Act No. 1 of 2016); (b) the release of personnel of institutions in the region to render emergency services; and (o) the facilitation of response and post-disaster recovery and rehabilitation; and (c) the implementation of the whole or part of a regional disaster management plan that is (p) the implementation of any other measures applicable in the circumstances. that may be necessary to prevent an escalation of a disaster or to alleviate and minimise the effects of a disaster.

28 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 29 Responsibility 31. (1) The respective Regional Disaster Management 34. (1) A District Disaster Management Committee has the Responsibility of Regional of District Disaster Committee hasthe responsibility for the co-ordination and responsibility for the co-ordination and management of a disaster Disaster Management management of a disaster that occurs in the region. that occurs in the district. Management Committee Committee. in the event of a regional (2) The Regional Disaster Management Committee shall (2) The District Disaster Management Committee shall disaster. perform its functions in accordance with any directives issued by perform its functions in accordance with the resolutions passed by the Resident Minister. the District assembly where a district disaster occurs. District 32. When a disaster occurs or threatens to occur in a district, 35. When a disaster occurs or threatens to occur in a chiefdom, Chiefdom disaster. disaster. the District Disaster Management Committee shall- the Chiefdom Disaster Management Committee shall- (a) initiate the implementation of programmes to (a) initiate the implementation of programmes to reduce the incidence and impact of the reduce the incidence and impact of the disaster; and disaster; and (b) alert the stakeholders concerned with disaster (b) alert the stakeholders concerned with disaster management in the district. management in the district. State of 33. Where a state of emergency has been declared by the 36. The Chiefdom Assembly concerned may pass a resolution State of emergency with respect President with respect to a region, the Resident Minister shall issue on the recommendation of the Chiefdom Disaster Management emergency with respect to a District. directives or authorise directives to be issued for the following- Committee in respect of the following - to a chiefdom. (a) the release of available resources for the (a) the release of available resources for the district; Chiefdom; (b) the release of personnel of institutions in the (b) the release of personnel of institutions in the district to render emergency services; and Chiefdom to render emergency services; and (c) the implementation of the whole or a part of a (c) the implementation of the whole or a part of a district disaster management plan that is district disaster management plan that is applicable in the circumstances. applicable in the circumstances.

30 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 31 Responsibility 37. (1) A Chiefdom Disaster Management Committee has the (a) pursue policies to achieve the object of the of Chiefdom Disaster responsibility for the co-ordination and management of a disaster Fund; Management that occurs in the chiefdom. Committee. (b) formulate policies to generate money for the (2) The Chiefdom Disaster Management Committee shall Fund; perform its functions in accordance with the resolutions passed by the Chiefdom assembly where chiefdom disaster occurs. (c) monitor and evaluate the development and operations of disaster management PART VII - FINANCIAL PROVISIONS programmes in respect of moneys received from the Fund; Establishment 38. (1) There is established, a National Disaster Management of National Disaster Fund to provide finances for the development and operation of disaster (d) ensure accountability of the Fund by defining Management prevention, disaster risk reduction, climate change risk reduction appropriate procedures for its management Fund. and other disaster management programmes. and utilisation; (2) The Fund under subsection (1) shall be applied to (e) provide a formula for the disbursement of finance emergency relief for disaster victims including such other moneys from the Fund; disaster prevention and disaster risk reduction activities as may be determined by the Platform. (f) invest, with the approval of the President, monies of the Fund in securities that are safe Sources of 39. The activities of the Agency shall be financed by funds and financially beneficial to the Fund; and funds of Agency. consisting of- (g) perform any other function ancillary to the (a) monies appropriated for the Agency by object of the Fund. Parliament; (2) The funds of the Agency shall be applied only for the (b) grants, donations and other voluntary purposes of the approved budget of the Agency. contributions to the Fund; and 41. (1) The Agency shall keep proper books of account and Accounts and audit of (c) other moneys that may in any manner become other records in relation to the activities, property and finances of Agency. lawfully payable to the Agency. the Agency in a form approved by the Auditor-General and shall prepare in respect of each financial year of the Agency a financial Management 40. (1) The Agency is responsible for the management of statement which shall include- of Fund. the Fund and for that purpose shall-

32 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 33 (a) balance sheet accounts; 42. The financial year of the Agency shall be the same as the Financial year of financial year of the Government. Agency. (b) income and expenditure accounts; and (c) source and application of funds. 43. (1) The Agency shall, within 3 months after the end of Annual the financial year, submit to the Minister an annual report on the report. (2) The accounts of the Agency kept under subsection performance of its functions during that year and on its policy and (1) shall, not later than 2 months after the end of each financial year, programmes. be audited by the Auditor-General or an auditor appointed by him. (2) The annual report submitted by the Agency under subsection (1), shall include the accounts and annual financial (3) For the purposes of subsection (2), the Auditor- statement prepared under section 21 and the report of the audit General or the auditor appointed by him shall be entitled to have thereon. access to all books of account, vouchers and other financial records of the Agency and to require such information and explanation thereon (3) The Minister shall lay copies of the annual report as he may think fit. before Parliament within 2 months after he has received the report. (4) The Agency shall provide the Auditor-General or the (4) The Agency shall make copies of the report available auditor appointed by him with all necessary and appropriate facilities to all stakeholders once it has been laid before Parliament. for the examination of the accounts and records of the Agency. . 44. The Agency is exempt from the payment of taxes, duties Exemption (5) The Auditor-General or the auditor appointed by him and levies. from taxes, duties and shall submit to the Agency a report on the audited accounts and the levies. financial statements referred to in subsection (1) and shall, in his PART VIII-MISCELLANEOUS PROVISIONS report draw attention to - 45. (1) The Chairman of each Disaster Management Disaster (a) any irregularities in the accounts; Committee under this Act shall ensure that a disaster management management Pla n. plan is prepared and simulated annually and subsequently revised (b) any matters that are likely to adversely affect in accordance with the national policy on disaster management. the operations of the Agency; and (2) The Chairman of each Disaster Management (c) any other matter which, in his opinion, ought Committee shall submit the respective disaster management plan to to be brought to the notice of the Agency. the National Platform for Disaster Risk Reduction for review 30 days after the national budget has been approved.

34 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 35 Establishment 46. (1) The Agency shall establish and maintain a register to a fine of not less than 30,000,000.00 Leones or to a term of of register. for the purpose of disaster and emergency management in such form imprisonment of not less than 3 years or to both such fine and as may be determined by the National Platform. imprisonment. (2) Every Regional Coordinator, District Coordinator and 48. (1) The Agency may request for relevant information from Request for Chiefdom Coordinator shall cause to be recorded in the register, information. - particulars of each disaster that occurs in their respective region, district or chiefdom. (a) a ministry, department or agency, (3) The Secretariat shall record the particulars of each (b) a non-governmental organisation, disaster in the register. (c) a private institution, or Powers of 47. (1) The Director General may authorise designated authorised officers. officers to carry out the functions of the Agency. (d) an individual, within a time frame determined by the Secretariat for purposes of disaster (2) An officer or agent of the Agency, authorised to carry prevention and management. out a function or to collaborate with an existing authorised agency may - (2) A person who, without reasonable excuse, refuses to comply with a request for information commits an offence and is (a) enter any premises, which poses or is likely liable on conviction to a fine of not less than 10,000,000.00 Leones or to pose a danger during a disaster; to a term of imprisonment of not less than 12 months or to both such fine and imprisonment. (b) demolish any building or structure which has been assessed by a certified planner as being 49. (1) A person shall not - Obstruction in an unauthorised or hazardous location; of officer or agent of and (a) obstruct an authorised officer or agent of the Agency. Agency in the discharge of a duty under this (c) carry out any other lawful act including safety Act; simulations and rehearsals to deal with a hazardous situation or to mitigate a disaster. (b) act or omit to act in a manner that results in disaster or exacerbates the effect of a disaster (3) An officer, agent or volunteer of the Agency who being managed by an officer or agent of the undertakes any unauthorised act under the pretext of managing a Agency. disaster or emergency, commits an offence and is liable on conviction

36 No. 3 The National Disaster Management Act 2020 No. 3 The National Disaster Management Act 2020 37 (2) A person who contravenes subsection (1) commits (c) prescribe levels for the state of alertness, in an offence and is liable on conviction to a fine of not less than 10, respect of the declaration of a state of 000,000.00 Leones or to a term of imprisonment of not less than 12 emergency; months or to both such fine and imprisonment. (d) prescribe emergency management plans; Non- 50. (1) A non-governmental organisation shall collaborate Governmental with the Agency, where the non-governmental organisation intends (e) prescribe reporting procedures for disaster Organisations. to grant assistance for the purpose of this Act, and shall submit a management; report in writing to the Secretariat in respect of the outcome of the (f) provide for the terms of mutual aid intervention and assistance of the non-governmental organisation agreements; to manage or mitigate the particular disaster or emergency. (g) provide for the dissemination of information; (2) The Agency shall collaborate with a non- governmental organisation through the competent statutory (h) provide for evacuation procedures; and authority responsible for the operation of non-governmental organisations. (i) provide for any other matter necessary for the effective implementation of the General 51. A person who commits an offence under this Act for which provisions of this Act. pena lty. a penalty has not been prescribed, is liable on summary conviction to a fine of not less than 30,000,000.00 Leones or to a term of Passed in Parliament this 24th day of March, in the year of our Lord two imprisonment of not less than 3 years or to both such fine and thousand and twenty. imprisonment. Regulations. 52. (1) The Director General may, on the advice of the National PARAN UMAR TARAWALLY, Platform through the Minister, by statutory instrument make Clerk of Parliament. Regulations as he considers necessary or expedient for giving effect to this Act. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill (2) Notwithstanding the generality of subsection (1), the which has passed Parliament and found by me to be a true and correct printed Minister may make Regulations to - copy of the said Bill. (a) provide for the procurement of goods, equipment, personnel, accommodation and PARAN UMAR TARAWALLY, other services in time of disaster and Clerk of Parliament.. emergency; PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. (b) prescribe safety measures for the public; GAZETTE NO. 34 OF 11TH JUNE, 2020.