Disasters Measures Act (Cap. 16:50)

DISASTERS MEASURES ACT CHAPTER 16:50 LAWS OF TRINIDAD AND TOBAGO Act 47 of 1978 L.R.O. Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–6 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 2 Chap. 16:50 Disasters Measures Note on Subsidiary Legislation This Chapter contains no subsidiary legislation. Note This Act has effect notwithstanding sections 4 and 5 of the Constitution and has been certified by the Clerk of the House of Representatives and the Clerk of the Senate to have been enacted in compliance with section 13(2) of the Constitution. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Disasters Measures Chap. 16:50 3 CHAPTER 16:50 DISASTERS MEASURES ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. Variance of Act with Constitution. 2. Disaster area. 3. Powers of President. 4. Regulations, etc. 5. Immunity from suit. 6. Compensation. 7. Penalties. 8. Debate on President’s statement justifying declaration. 9. Extension of Proclamation. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 4 Chap. 16:50 Disasters Measures CHAPTER 16:50 DISASTERS MEASURES ACT An Act to provide for the taking of prompt and expeditious measures for the alleviation of the effects of disaster and for matters connected therewith. [13TH DECEMBER 1978] WHEREAS it is enacted inter alia by subsection (1) of section 13 of the Constitution that an Act of Parliament to which that section applies may expressly declare that it shall have effect even though inconsistent with sections 4 and 5 of the Constitution and, if any such Act does so declare, it shall have effect accordingly: And whereas it is provided by subsection (2) of the said section 13 of the Constitution that an Act of Parliament to which that section applies is one the Bill for which has been passed by both Houses of Parliament and at the final vote thereon in each House has been supported by the votes of not less than three-fifths of all the members of that House: And whereas it is necessary and expedient that this Act shall have effect even though inconsistent with sections 4 and 5 of the Constitution: 1. (1) This Act may be cited as the Disasters Measures Act. (2) This Act shall have effect even though inconsistent with sections 4 and 5 of the Constitution. 2. (1) Where any area in Trinidad and Tobago is affected or is imminently likely to be affected by any fire, flood, landslide, hurricane, earthquake, disease or other calamity, the President may by Proclamation declare that area a disaster area. (2) A Proclamation referred to in subsection (1) shall define the disaster area and specify the circumstances giving rise to the area being declared a disaster area. 47 of 1978. Commencement. Short title. Variance of Act with Constitution. Disaster area. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt L.R.O. LAWS OF TRINIDAD AND TOBAGO Disasters Measures Chap. 16:50 5 Powers of President. Regulations, etc. Immunity from suit. Compensation. Penalties. Debate on President’s statement justifying declaration. 3. For so long as an area is a disaster area, the President or any person duly authorised by him may in that area— (a) assume control of and regulate— (i) all means of communication and transport; (ii) all supplies of food and other necessities; (iii) all water, fuel and power installations; (b) enter into and take possession of any building; (c) prohibit or restrict the possession or use by any person of any specified articles or commodities; (d) impose restrictions on persons leaving or entering the disaster area; (e) take all other measures which are reasonably necessary to mitigate the effects of the disaster. 4. The President may make such Regulations and Orders and give such directions as are necessary for the proper exercise of his powers under this Act. 5. No action shall lie against any person acting under lawful authority of this Act. 6. A person who suffers loss or damage by reason of the exercise of any powers under this Act shall be paid compensation out of public funds, such compensation to be determined by agreement of the parties and, in default of such agreement, by a Judge in Chambers. 7. A person who fails to comply with any Regulation or Order made or any direction given under this Act or any person who obstructs any person duly authorised to carry out the provisions of this Act is liable on summary conviction to a fine of five thousand dollars and to imprisonment for two years. 8. (1) Within three days of the making of the Proclamation, the President shall deliver to the Speaker for presentation to the House of Representatives a statement setting out the specific grounds on which the decision to declare the existence of a disaster UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO 6 Chap. 16:50 Disasters Measures Extension of Proclamation. area was based and a debate shall take place on this statement as soon as practicable, but in any event not later than fifteen days from the date of the Proclamation. (2) The Proclamation shall, unless previously revoked, remain in force for fifteen days. 9. (1) Subject to subsection (2), the Proclamation may before its expiration be extended from time to time by resolution supported by a simple majority vote of the House of Representatives; but no extension shall exceed three months and the extensions shall not in the aggregate exceed six months. (2) Notwithstanding subsection (1), the Proclamation may be further extended from time to time for not more than three months at any one time by a resolution passed by both Houses of Parliament and supported by the votes of not less than three-fifths of all the members of each House. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2014 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt