National Disaster Management Act, no. 13 of 2008

1. Short title and commencement : 2. - Interpretation

3. Limitations . of application of this .Act . ~- .

4. Collaboration with any statutory body established to deal with matters relating to air or maritime search ancfrescue operations • I ' : 1 , CHAPTER 11- NATONAL DISASTER MANAGEMENT AGENCY PART I-ESTABLISHMENT . . 5. • Establishment of the National Disaster Management Agency ' ,_ i PART II - NATIONAL DISASTER MANAGEMENT COUNCIL . ' :; ,6.~ Establishment of the National Disaster Management Council·

7. Composition of the Council

8. Tenure of office

9. Meetings and procedures of the Council • .10. Valid decision without meeting

11. Protection of members of the Council

12. Committees of the Council I PART Ill - FUNCTIONS OF THE AGENCY AND COUNCIL

13. Functions of the Agency 1.4. Additional functions of Agency in a disaster situation

15. Functions of the Council RT IV - NATIONAL TECHNICAL ADVISORY GROUP 33. Composition of Regional Committees

34. Meetings of Regional Committees Establishment of the National Technical Advisory Group Power to co-opt PART II - FUNCTIONS RT V - STAFF OF THE AGENCY 35. Functions of Regional Disaster Committees • 36. Powers and functions of Regional Disaster Committees in ecutive Director disaster situations

37. Guidelines for minimum standard of relief by Regional Appointment of the Executive Director Disaster Committees Functions of the Executive Director Requisition by the Executive Dir_ector_ PART Ill - REGIONAL TECHNICAL ADVISORY GROUP Council directions to the Executive Director Activity reports 38. Regional Technical Advisory Groups her Staff PART IV-SECRETARIAT AND STAFF SECRETARIAT . •Other staff of the Agency Secretariat .RT VI ,.... FINANCIAL PROVISIONS 39. Secretariat Source~ of finances of the Agency Regional Disaster Management Coordinator Expenses of the Agency Estimates, accounts and audit 40. Appointment of Regional Disaster Coordinators Annual report 41. Functions of Regional Disaster Coordinators Exemption for duties • , 42\ •Requisition by the Regional Disaster Coordinators

43. Regional Disaster Coordinators relationship with the RT VII -LEGAL PROCEEDING Executive Director Notice of legal action Other Staff' Representation Indemnity

44. Other Staff of the Regional Disaster Coordinators IAPTER 111 - DISASTER MANAGEMENT COMMITTEES ' PART V - FINANCIAL PROVISIONS .RT I-ESTABLISHMENT AND COMPOSITION

45. Finances of the Regional Disaster Committees Establishment of Regional Disaster Management Committees - - - --- -.-- - - --- ..,.. ' r -- ' Ii ~. - - ~- + - . ""r • - ::r.: • - CHAPTER V - VILLAGE DISASTER MANAGEMENT CHAPTER IV - DISTRICT DISASTER MANAGEMENT COM- COMMITTEES MITTEES PART I - ESTABLISHMENT AND COMPOSITION PART I - ESTABLISHMENT AND COMPOSITION

60. Establishment and composition of Village Disaster

46. Establishment of District Disaster Management Committees Management Committees

47. Composition of District Disaster Committees 61. Meetings and procedures

48. Functions and powers of Chairpersons of District Disaster Committees PART II-FUNCTIONS

49. Meetings and procedures

50. Functions a11dpowers of District Disaster Committees 62. Functions and powers of Village Disaster Committees .

51. Functions and powers of District Disaster Committees in 63. Functions and powers of Village Disaster Committees in the disaster situations and disasters event of threatening disaster situations or disasters

52. Appointment of advisory and other committees 64. Powers of Chairpersons of Village Disaster Committees

65. Village Disaster Committees relationship with the Executive PART II-SECRETARIAT AND STAFF OF DISTRICT DISASTER COMMITTEES Director and the Regional and District Disaster Coordinators PART Ill-VILLAGE DISASTER COORDINATORS Secretariat

53. Secretariat 66. Appointment of Village Disaster Coordinators

67. Functions of Village Disaster Coordinators Jistrict Disaster Coordinators 68. Village Disaster Coordinators relationship with the Executive I I Director and the Regional and-.District Disaster Coordinators I

54. Appointment of District Disaster Coordinators I

55. Functions of District Disaster Coordinators I CHAPTER VI - DISASTER MANAGEMENT PLANS 1\

56. Re_ isitio_n by District DisastAr Coordinators qu_ PART I - NATIONAL DISASTER MANAGEMENT PLAN ,7. • D1stnctDisaster Coordinator! relationship with the Executive Director and the Regional Disaster Coordinators

69. National Disaster Management Plan . ) )ther Staff 70. Review of National Disaster Plan PART II-DEPARTMENTS OF STATE DISASTER i8. Other staff MANAGEMENT P1LANS 'I 'ART Ill- FINANCES

71. Departmental Disaster Management Plans

72. Review of Departmental Disaster Plans i9. Finances of District Committees ~ - - - • -----.-- -------- -- ---- ..,..-- ...... -- =--=-~ - Ill - REGIONAL DISASTER NAMAGEMENT CHAPTER X - STATE OF PUBLIC EMER:·GENCY {egional Disaster Plans 90. Declaration of state of emergency ~eview of Regional Management Disaster Plans 91. Duration of declaration

92. Presidential emergency powers , IV - DISTRICT DISASTER MANAGEMENT PLANS 93. Agency's power to direct Government agencies, etc. during state of public emergency • )istrict Disaster Management Plans 94. Other special powers during state of public emergency ,~eview of District Disaster Plans 95. Disconnection of electricity and water supply

96. Recovery operations • V - VILLAGE DISASTER MANAGEMENT PLANS . . . . G"HA PTI;~. XI - COMPENSATION AND. OTHER FORMS OF· Village Disaster Management Plans . RELIEF 1PTERVII - GOVERNMENT DISASTER 97. Payment of compensation IAGEMENT MEASURES 98. When compensation is not payable

99. Claims for compensation and costs to be submitted to the Government measures Executive Director Responsibilitie~ of Departments of State 100. Application and decision about compensation

101. Notice of decision ,PTER VIII - EVACUATION . 102: Appeal , 103. Prohibition against discrimination Consultation prior to evacuation · 104. Disability benefits Notice of evacuation 105. Monetary relief to victims of di~asters

106. Reimbursement and indemnification ,PTER IX - ASSISTANCE DURING PERIOD 107. Insurance policy to cover damage DISASTER CHAPTER XII - DISASTER FUNDS General powers during period of disaster Power to issue direction to Government Departments PART I - NATIONAL DISASTER FUND Powers made available to· Government officers for rescue ., operations 108. National Disaster Fund I 109. Maintenance: of accounts Power of requisition of resources, provisions, vehicles, etc. for rescue operations, etc. • . 110. Administratic;mof the National Disaster Fund Direction to media of communication of warnings, etc. 111. Application of National Disaster Fund Protection of employees who assist in emergency situations 112. National Disaster fund not to be used to pay Emergency procurement and accounting • administrative costs Register of Volunteers 113. Overpayment from National Disaster Fund .114. Donations

115. Exemption from taxation 'ARTII - REGIONALAND DISTRICTDISASTERFUNDS ISSN 0796- 0298 Su lement "C" to The Gambia Gazette No.

16. Establishment of Regional and District Disaster FlJnds

17. Maintenance of accounts National Disaster Management Act, 2008

18. Administration

19. Application of Regional Disaster Funds and District Disaster Funds

20. Regional and District disaster Funds not to be used to pay administrative costs

21. Exemption from taxation THE GAMBIA NO. 13 OF 2008 :HAPTER XIII - OFFENCES AND --PENALTIES Assent,ito by The President

22. Punishment for obstruction, etc. this Ir day of ,,<..l,Jv · , 2008

23. Punishment for false compensation claim _

24. Punishment for misappropriation of money or materials, etc.

25. Punishment for false warning

26. Failure of officer in contravention of this Act

27. Offences by Government agencies

28. Offences by bodies corporate President

29. Consent for prosecution

30. Impersonating an authorised officer, etc

31. Obstructing a disaster worker is an offence AN •ACT to provide •for an integrated and co-

32. Offence and penalty ordinated disaster management that focuses on

33. Omnibus penalty provisions prevention, preparedness, response, · mitigation, and recovery from, disasters or emergency :HAPTER XIV - MISCELLANEOUS situations, and the management of their effects, to establish a National Disaster Management Agency

34. Inimunity from suit ., and Regional, District and Village Disaster

35. Act to have overriding effect • Management Committees and for matters

36. This Act does not limit other Acts and laws connected therewith.

37. Regulations

38. Amendment of section 40 of No. 13 of 1994 [ ENACTED by the. President and the Nation I Assembly. National Disaster Marntgement Act, 2008 National Disaster Management Act, 2008 11 property, or damage to, or degradation of, the. CHAPTER 1- PRELIMINARY environment arising from, but not limited to- ,rt title and 1. This Act may be cited as National Disaster 1mencement (a) a flood or tidal waves; Management Act, 2008 and comes into force on such date as the Vice-President may, by (b) a drought; notification in the Gazette, appoint. (c) subject to any Act of the National . ,rpretation 2. In •this Act, unless the context otherwise Assembly on air and maritime search • requires- and rescue operations, any air and·.. maritime disasters; "affected area" means an area or part of The Gambia affected by a disaster; (d) a major civil accident,.such as, a major fire or bush fire or explosion; "Agency" means the National Disaster Manage- ment Agency established under section 4; (e) man-made disasters, such as, but not limited to, industrial accidents, oil spil- "authorised person" means a persbn authorised by lage, mass movement of persons who the Agency, the Regional Disaster Committee or are internally displaced persons or the District Disaster Committee, as the case may refugees; • • be, to perform a specified function under this Act; (f) a pest or insect infestation; "Constitution" means the Constitution of the Republic of The Gambia, 1997, as amende~; (g) a plague or epidemic; "Council" means the National Disaster Manage- (h) disease disasters; or ment Council established under section 5; (i) any other similar natural or man-made "Departmental Disaster Plan" means the Depart- event, mental Disaster Management Plan preparEa1pur- suant to section 71; • and is of a magnitude that exceeds the ability of those affected by the disaster to cope with its "disaster" means a progressive or sudden, wide- effects using only their own resources; spread or localized actual or imminent occurrence ... _ --·-· of a natural or human-caused occurrence, or by disaster area" means the area in which a state of accident or negligence, which results, or can emergency is declared and includes a part of a result, in substantial loss of life or human suffering, disaster area; or damage to, destruction of infrastructure, or -- National Disaster Management •Act, 2008 I • National Disaster Management Act, 2008 13 "Disaster Funds" means the National Disaster the environment, including, but not limited to, Management Fund, the Regional Disaster Man- activities to mitigate the adverse effects of a agement Fund and the District Disaster Manage- Ii disaster; ment Fund; I • "disaster worker" mean a person .who assists in "disaster management" means the continuous and I I disaster operations and includes a volunteer· I ' integrated multi-disciplinary • and multi-sectoral process of planning, organising, coordinating and "District" has the meaning given to it under the No. 5 of2002 Local Government Act, 2002; implementing measures which are necessary or expedient for- "District Disaster Committee" means the District (a) prevention of danger or threat of any Disaster Management Committee established in each District under section 46" disaster, ' "District Disaster Coordinator" means a District (b) mitigation or reduction of risk of any disaster or its severity or consequences, Disaster Coordinator appointed under section 54; (c) · capacity-building, "District Disaster Plan" means the District Disaster Plan prepared and formulated under section 76 in (d) preparedness to deal with any disaster,• respect of disaster management in a District; (e) a rapid and effective response to any "Executive• Director" means the Executive Director appointed under section 18·' threatening disaster situation or disaster, •, (f) assessing the severity or magnitude of "functions" includes powers and duties; effects of any disaster, "Government agency" means- (g) evacuation, rescue and relief, (a) a Department of State or other depart- (h) post-disaster recovery, rehabilitatio'l, and ment of the Government· · ' reconstruction; (b) any body constituted for a public purpose "disaster operations" means activities undertaken by or under any Act of the National before, during or after a disaster occurs to ,help Assembly; reduce loss of human life, illness or injury to humans, property loss or damage, or damage to (c) any member or officer of a body stated in paragraph (a) or (b); and National Disaster Management Act, 2008 National Disaster Management Act 2008 15 ·' (d) any person in the service of the Govern- ment on whom any function, power, duty "Pre~ident" means the President of the Republic of The Gambia; . • or responsibility is conferred by or under_ any Act; , "prevention", in relation to a disaster, includes the "Local Authority" has the meaning given to it under identification of hazards, the assessment of threats ,.5 of 2002 the Local Government Act, 2002; to life and property and the taking of measures to reduce potential loss to life or property; "mitigation" means measures aimed at reducing the risk, impact, or effects, of a disaster or "recovery'', in relation to a disaster, includes the threatening disaster situation; process of returning an affected community to its proper level of functioning after a disaster; "mutatis mutandis" means things being changed which are necessary to be changed in order to No.5. of 2002 • "Region" has the meaning given to it in the Local reflect the reference in another context; Government Act, 2002; • _ . "National Advisory Group" means the National "Regional Disaster Committee" means the Re- Technical Advisory Group established under gional Disaster Management Committee establish- section 15; ed under section 32 in each Region in The Gambia; "National Disaster Plan" means the National Disaster Management Plan prepared and formu- "~egional · Disaster Plan" means the Regional lated under section 69; Disaster Plan prepc;1red and formulated under secti_on73 in respect of disaster management in a Region; • "non-government agency'' means- (a) a voluntary organisation or any other "response", in relation to a disaster, includes the private body within The Gambia; proces~ of c~mbating a disaster and of providing rmmedrate rehef for people affected by a disaster; (b) an international body or agency; or (c) a foreign Government or a body or agency of a foreign Government; - "Village" means- (a) in the case of the City of Banjul and Kanifing Municipality, a Ward, as determined by the "preparation", in relation to a disaster, includes Independent Electoral Commission, in the arrangements or plans to deal with a disaster or· City or Municipality; the effects of a disaster; (b) in any other case, a Village in a Region; National Disaster Management Act, 2008 National Disaster Management Act1 2008 17 Collaboration "Village Disaster Committee" means the Village with any statu-

4. (1) The Agency, Regional Disaster Committees Disaster Management Committee established tory body estab- District Disaster Committees, Village Disaster under section 60; lished to deal Committees and all· other persons performing a with matters I i relating to air or function under this Act shall, in all matters relating I "Village Disaster Plan" means the Village Disaster i maritime search , to air or maritime search and rescue operations Management Plan prepared and formulated under and rescue work in close collaboration with and under the operations section 77; supervision of any statutory body established to deal with matters relating to air or maritime search and rescue operations. "volunteer'' means a person who- ' (a) assists a Government agency or non- (2) Where a provision of this Act is inconsistent government agency in response to a with a provision of any Act that deals with air and disaster; or maritime search and rescue operations, the provision of that Act shall prevail. (b) assists on his or her own initiative, in res- • ponse 'to a disaster in circumstances in CHAPTER II - NATIONAL DISASTER MANAGE- which the assistance "Yas reasonably MENT AGENCY given. PART I - ESTABLISHEMENT, 1itations of 3. Unless otherwise specifically authorised by the )lication of , Act President, this Act does not- Establishment of the National 5. (1) There is hereby established a National Disaster Man- Disaster Management Agency which shall act as (a) authorise the taking of measures to agement control civil disorders or to bring to an end the central body for disaster rnanagement in The Agency· Gambia. an industrial dispute, riot or other civil disturbance; (2) The Agency is a body corporate with perpetual (b) authorise • actions to end a strike or succession and a common seal and may- lockout; or (a) sue or be sued in its corporate name; (c) cover circumstances arising from cb'mbat against an enemy. . (b) enter into contracts, and acquire, hold and dispose of property; and (c) so far as is possible for a body corporate, exercise the rights, powers and privileges and incur the liabilities and obligations of a natural person of full age and capacity, National Disaster Management Act, 2008 19 National Disaster Management Act, 2008 (h) the Secretary of State for Agriculture; (3) The application of the common seal of the Agency shall be authenticated by the signature of (i) the Secretary of State for Fisheries and the Chairperson of the Agency or, in his or her Water Resources; • absence, the Executive Director. U) the Attorney General and Secretary of (4) A document bearing the imprint of the common State for Justice; seal of the Agency is deemed to be properly sealed, unless the contrary is proved. (k) the Chief Executive of any statutory body established to deal with matters PART 11-NATIONAL DISASTER MANAGEMENT relating to air or maritime search and COUNCIL rescue operations; .tablishment 6. There is hereby established for the Agency a (I) the Executive Director of the Agency; the National National Disaster Management Council which shall saster Man- 1ement be the governing body of the Agency. (m) one representative of The Gambia iuncil Chamber of Commerce; and imposition of 7. (1) The Council comprises the. following mem- (n) one representative of the Association of e Council· bers- Non..:GovernmentalOrganisations. (a) the Vice-President as Chairperson; (2) A member of the Council may be represented at a meeting of the Council by his or her (b) the Secretary of State responsible for Pern:ianent Secretary, or a dele9ate not below the the Interior; rank of a Deputy Permanent Secretary, who shall ,, have the full powers of the member being (c) the Secretary of' State responsible for represented. Defence; (d) .. the Secretary of State responsible for Finance; ., (3) The Council may co-opt on an ad hoc basis, depending on the scale of the disaster or the expertise required to respond to the disaster, any Secretary of State, Permanent Secretary of any (e) the Secretary of State responsible for Department of State or other person to attend and Health; participate at a meeting. (f) the Secretary of State responsible for (4) A person co-opted by the Council under the Environment; subsection (3) is not entitled to vote on any issue or question. (g) the Secretary of State responsible for Local Government; National Disaster Management Act, 2008 National Disaster Management Act, 2008 21 Tenure of office 8. The members of the Council, other than ex- decision but where the votes are equally divided, officio members, shall hold office for a term of the member presiding as the chairperson at the three years and may be re-appointed. meeting may exercise a casting vote. Meetings and 9. (1) The Council may meet and transact busi- -(6) The minutes of every meeting of the Council procedures of ness at such times and in such places as may be . shall be .recorded by the Secretary, and signed by the Council determined by the Chairperson, and, in any case the Chairperson or the person who presided at the • shall meet at least three times in a calendar year. meeting, after confirmation by the Agency. • . (2) At a meeting of the Council- (7) The Council may at any time imiit~ a person to any of its meetings, but a person so invited is not (a) seven members of the Council, shall entitled to vote at any of the meetings of the .. constitute a quorum; Council. • (b) the Chairperson shall preside at all meetings at which he or she is present; (8) The validity of the proceeding of the Council and shall not be affected by-· (c) in the absence of the Chairperson, the (a) a vacancy in its membership; Vice-Chairperson, previously selected by the Chairperson, shall preside and, (b) a • defect in the appointment· of any of its where both the Chairperson and Vice- members; or Chairperson are absent, the members present shall elect one of their number . (c) reason that a person not entitled to do so, to act as Chairperson for the purposes took part in the proceedings. ',, of that meeting. (11) Subject to this section, the Council may (3) The Chairperson may, at any time, and shall, at regulate its own procedure. the written request of not less than seven mem- ,I Valid decision 10. A proposed resolution of the Council becomes bers of the Council summon a special m"eetingof without meeting the Council. a valid decision of the Council despite the fact that it is not voted on at a meeting of the Council if- (4) Subject to subsection (5), a decision of the Council shall be determined. by a simple majority (a) notice of the proposed resolution is given to vote of those present and vo~jng at a meeting'. all members of the Council in accordance with procedures determined by the Council; (5) Each member present at a· meeting of the and Council has one vote on any matter arising for •I_.,...., - National Disaster Management Act, 2008 National Disaster Management Act, 2008 23 (b) a majority of the members express concur- and Village Disaster Committees take rence in the proposed resolution by letter, necessary measures for preparedness to I I ''·· promptly and effectively respond to any telegram, telex, facsimile transmis~lc;>n. or ' .·•, other written communication setting out the threatening disaster situation or disaster; terms of the resolution. (c) cooperate with the United Nations agen- 'rotection of 11. No action, suit prosecution or other proceeding cies, other international organisations and ,embers of the Governments of foreign countries for the :ouncil shall be brought or instituted against a member of the Council personally in respect of any thing done purposes of this Act; in good faith in pursuance, execution or intended • execution of any of the provisions of this Act (d) carry out disaster management and other responsibilities and deal with routine dis- :ommittees 12. (1) The Council may appoint such technical aster-related affairs at national, Regional, ,f the Council and other committees, comprising members of the District and Village levels; Council and other persons, as it deems necessary to carry out, on its behalf, such of its functior;,s ~s it (e) lead the country's efforts to prepare for, 1 may determine. •• ' respond to, recover from, and mitigate the risks of natural and man-made disasters, (2) A decision of a Committee has no effect unless including catastrophic incidents, and to it is confirmed by the Council. warn the public of an approaching disas- ter and predict its effects on the country; PART Ill - FUNCTIONS OF THE AGENCY AND COUNCIL (f) act as the central planning, coordinating and monitoring institution for disaster Functions of the Agency 13. ( 1) The functions of the Agency are to- management and post-disaster recovery (a) coordinate the actions of the Depart- reconstruction in The Gambia; ments of State, Government agencies, Regional Disaster Committees, District (g) advise and brief the President on pro- Disaster Committees, Village Disaster gress. and major problems in disaster Committees, Local Authorities Ind non- management, and if appeal for interna- government agencies as requested by tional assistance is required; them or otherwise deemed appropriate by it; ' (h) prepare, update, maintain, implement and monitor the National Disaster Plan and (b) ensure that the Departments of State, the disaster plans prepared by the Government agencies, Regional Disaster Departments of State; Committees, District Disaster Committees 24 National Disaster Management Act, 2008 National Disaster Management Act, 2008 25 (i) formulate, monitor, coordinate, and give (m) arrange external training for the staff of directions regarding, disaster prepared- Government agencies, non-government ness, mitigation and response strategies agencies and Local Authorities .which are and action plans and measures to be directly involved with disaster manage- taken by different Departments of State, ment; Government agencies, Local Authorities, non-government agencies and donor (n) provide technical assistance and give ad- agencies in response to any threatening vice on disaster management to Regional disaster situation or disaster; Disaster Committees, District Disaster Committees and Village Disaster Com- U) lay down guidelines to be followed by- mittees for carrying out their functions under this Act; (i) the Regional Disaster Committees, District Disaster Committees and (o) coordinate requests for aid, and control Village Disaster Committees in draw- and direct the allocation of aid provided ing up the Regional Disaster Plans, by Government and non-government the District Disaster Plans and the agencies; Village Disaster Plans, and (p) ensure that aid for disasters is used for ·(ii) the different Departments of State and the purpose for which it was provided; Government agencies for the purpose of integrating the measures for the (q) establish and maintain relations with prevention of disaster or the mitigation international relief organisations in order of its effects in their development to facilitate accessing of their resources in plans and projects; the event of a disaster; (k) approve the disaster plans prepared by (r) mobilise and organise technical assis- the Departments of State, Regional tance from interested national and inter- Disaster Committees, Distri~t Disaster national bodies to assist in the deve- Committees and Village Disaster Com- lopment of disaster response capabilities mittees; of the Agency; (I) foster public awareness and education at (s) provide a clearing house for relevant National, Regional, District, Village and information and intelligence in all matters community levels of the effects of n'atural relating to disasters, including current phenomena and measures which can be research being undertaken in all related taken to prevent or mitigate them; institutions; and National Disaster Management Act, 2008 27 National Disaster Management Act, 2008 mitig?tion of, and recovery from, emer- (t) deal with such other .matters as it deems. gencies and disasters in The Gambia· necessary or exped_ientfor the purpose of ' securing effective implementation of the (f) supervise the national state of pre- provisions of this Act. paredness for disasters and report on it to the Council· I ' (2) The Agency shall also- (g) assign responsibilities for disaster, re- (a) develop strategies and policies for the lated activities to Government agencies, prevention of, preparation for, response non-government agencies and other to, mitigation of, and recovery from, interested groups; disasters; (h) coordinate relief ac~ions and collate (b) coordinate the general policy of the national relief requirements; . Government relating to the prevention of, preparedness for, response to, miti- (i) Iay down guidelines for the preparation gation of and recovery from, disasters in and format of the Regional Disaster The Gambia; Pl_ans, District Disaster Plans, Village Disaster Plans and Departmental Disas- (c) conduct programmes of public informa- ter Plans; and tion and education on the preparedness for, response to, mitigation of, and U) f~ster public awareness of the effects of recovery from, disasters; disasters, and determine measures which can be taken to prevent or miti- (d) liaise with persons and organisations gate them. within and outside The Gambia for the purpose of exchanging information and Additional func- 14. _F~rthe_ purpose of assisting, protecting, or facilitating the harmonisation of the poli- . lions of the Agency in a providing relief to, .any part of The Gambia, in res- cies with those of the Government rela- disaster ., ponse to any threatening disaster _situationor dis- ting to the prevention of, prepare~ness situation a~ter, t~e Agency may, by itself or where appro- for, response to, mitigation of, and priat.e,direct the relevant specialised agency to- recovery from, emergencies and disas- I ters in The Gambia; (a) give directions for the release and use of resources available in any Department of (e) provide technical advice on draft r,egu- State, Government agency and any Local lations, whether under this Act or any Authority; other legislation, relating to the preven- tion of, preparedness for, response to, - ..... , jT .. ,._.. - National Disaster Management Act, 2008 National Disaster Management Act, 2008 29 (b) control and restrict vehicular traffic to, from, and within, a vulnerable or affected U) direct any Department of Stat~:-,Govern- area; ment agency or any authority or body of the ~~>V~rnment at the National, Regional, (c) control and restrict the entry of any person District or Village level to take such mea- into, his or her movement within and su~e_sas are necessary in . the Council's departure from, a vulnerable or affected opIrnon; area; (k) require experts and consultants in the (d) remove debris, conduct search and carry relevant fields to advise and assist as it may out rescue operations; deem necessary; • (e) provide assistance to the affected areas (I) procure exclusive or • preferential use of for- amenities from any authority or person; . . (i) carrying out rescue and relief ope- (m) construct temporary bridges or other nece- rations in the affected area, ssary structures and demolish struc-tures which may be hazardous to the public or (iii) assessing the damage from any aggravate the effects of the disaster· I disaster, and (n) ensure· that the non-governmental agencies (ii) carrying out rehabilitation and recon- carry out their activities. in an equitable and struction, non-discriminatory manner; (f) provide shelter, food, drinking water, es- (o) • require any officer, Department of State or sential provisions, healthcare and humani- Government . agency at the National tarian services; Regional, District or Village level or any Local Authority to take such measures for (g) establish· emergency communicatiC¥1sys- . the prevention or mitigation of disaster or to terns in the affected area; effectively respond to it,. as may be necessary, and the officer, Department or (h) create a centralized emergency number agency is bound to comply; and system for routing of emergency calls to • the ambulance service, the Police, Fire (p) take such other steps as may be required Service and child help service; or warranted to be taken in such a situa- tion. (i) make arrangements for disposal of the Functions of the unclaimed corpses; Council

15. ( 1) The functions of the Council are to- National Disaster Management Act, 2008 . 31 National Disaster Manageme11tAct 1 2008 (i) providing. emergency communication (a) ensure the implementation of the provisions in a vulnerable or affected area, of this Act; (ii) transporting personnel and relief (b) advise the Government on all matters relat- goods to and from the affected area , I ' ing to disaster preparedness, response, mitigation and recovery,. and the prepara- (iii) providing evacuation, rescue, tem- tion and formulation of a National Disaster porary shelter or other immediate Plan, including the coordination of activities relief, of Government and non-government agen..: cies; (iv) setting up temporary bridges, jetties .and landing places, and (c) ensure that .the strategies and policies it develops are implemented by the Agency, other Government agencies and nori- (v) providing, ·drinking water, essential government agencies; provisions, healthcare, and services ! in an affected area. (d) advise the President on the rijeed·;fbr aid to (2) The Chairperson of the Council may, in the counter the effects of a disaster and on any . case of an emergency, exercise all or any of the agreement pr6posed 1:ito be entered into by the Government in relation to aid; powers of the Council but the exerci;e of those powers is subject to subsequent ratification by the Council. • (e) in the care of a particular disaster, advise the President on the need to declare a state of public emergency; PART IV - NATIONAL TECHNICAL ADVISORY GROUP (f) with the approval of the Inspector General Establishment of Police and of the Chief of Defence Staff, of the National 16. ( 1) The Council shall set up an advisory body determine the number of members of The Technical to be know~ ~s the National Technical Advisory Advisory Group ., Group, cons1st1ngof experts in various fields who Gambia Police Force and T~e Gambia Armed Forces, respectively, to be deployed can _assistin disaster management at the national in the prevention of, preparation for, Reg(onal, District or village levels, to mak~ response to, • mitigation of, and recovery recqmmendations on different aspects of disaster from, a particular disaster; and management. (g) make availablP resources to the Regional (2) ~he Nati~nal Technical Advisory Group shall Disaster Coore inators for the purposes of provide advice to the Council on disaster responding P!' mptly and effectively to 'ny management. threatening di! aster ,ituation or disaster in the Regions, jr cludin!, me2sures for- National Disaster Management Act, 2008 NationalDisasterManagemli· Act 2008 33 (3) The Council shall appoint the chairperson of (a) be the chief executive and be responsible the National Technical Advisory Group, and the procedures at its, meetings shall be mutatis mutandis as those of the Council. I . for the day-to-day administration of the Agency; (b) organise, coordinate and supervise all of :>owerto co-opt 17. ( 1) TheNational Technical Advisory Group the activities undertaken by the Agency; may, in relation to a matter before it or to a particular disaster, co-opt- (c) ensure that the Agency performs its func- tions properly, efficiently and effectively; (a) a head or an officer of a Government department; (d) ensure that clear directions are given to all Government and non-government (b) any official of a Government agency; or agencies responsible for taking action in relation to disasters; (c) any official of a non-government agency. (e) develop and recommend to the Council (2) A person co-opted under subsection (1) may national policies to foster and promote the take part in deliberations but shall not vote on any prevention of/, preparedness for, response questions before the Advisory Group. to, mitigation of and recovery from, disas- ters iri The Gambia; • (3). A co-opted member's period of service with the National Technical Advisory Group shall (f) examine andl determine when it is neces- terminate as soon as the service for which he or sary to approve payments from the she is co-opted is no longer required. Disaster Funds; PARTV- STAFF OF THE AGENCY I (g) advise the Council when there is a disas- ter, and keJp it apprised of all develop- Executive Director ments; I · Appointment of 18. There shall be for the Agency an Executive (h) advise the Council if an appeal for inter- the Executive Director, who shall be appointed by the President Director national assi~tance is required; and after consultation with the Public Service Commission, on such terms and conditions as I . ('i) advise the aouncil as to whether a state may be specified in his or her letter of of public embrgency should be declared appointment. by the President. Functions of the 19. The Executive Director shall - Executive Director National Disaster Management Act, 2008 NationalDisasterManagemelt .Act, 2008 35 Requisition by 20. The Executive Director may, by order, require the Executive any officer or any Government agency at the Other Staff Director Regional, District or Village level or any Local Government Authority to take such measures for Secretary and 23. (1) The Council shall appoint from among the other staff of the the prevention or mitigation • of disaster or to Agency staff of the Agency, a[Secretary to the Council who effectively respond to it, as may be necessary, and shall- the officer, agency or Authority is bound to carry out the order. (a) keep the boo s and records and con-duct the correspondenceof the Agency: Council direct- 21. The Executive Director is subject to the ons to the Exe- directions of the Council in relation to the policy to (b) prepare the aJenda in consultation with the ~utive Director be followed in the exercise of the powers Chairperson and record the minutes of meetings of the Council; and conferred and the duties imposed on him or her by or under this Act on any matter that affects the (c) I perform such other functions as may be J!)UQiicinterests with regards to disaster relief, and assigned to him or her by the Council. the Executive Director shall give effect to all those I directions. (2) The Council shall !appoint for the Agency such \ctivity reports 22. (1) The Executive Director shall prepare and staff as are necessary for the Agency to perform submit to the Council bi-annual reports on the its functions. activities of the Agency. (3) Staff of the Agency may also be- (2) A bi..annual report shall- (a) seconded or ~ansferred to the Agency by (a) be in such form as may be approved by Departments of State and other Govern- the Council; and ment agencies, subject to the approval of the Personnel ranagement Office; and (b) give a true and full accouM of the Agency's activities during the previous (b) provided to the Agency by non-government half year, and a copy of the report shall agencies and lfunded by those agencies be forwarded to the Vice-President. with the approval of the Government. . I (3) The Executive Director shall provide the (4) , Where the Government requests for the Council with any additional information that the removal of a person that is provided to the Agency Council may request. by a non-government agency, the non-govern- ment agency shall effect such rernovaJ within three days of being so informed by the Government. National Disaster Management Act, 2008 National Disaster Management Act, 2008 37 (5) The salaries and any other remuneration and (d) the maintenance of any property acquired benefits of the staff shall be as approved by the or vested in the Agency; and Council. (e) ·meeting such other expenses as may be PART VI - FINANCIAL PROVISIONS approved by the Council for the purposes of this Act. 3ources of 24. (1) The sources of finances required to meet inances of the \gency the expenses of the Agency under section 24 are- Estimates, 26. (1) The Agency shall, not later than three accounts and audit months before the end of each financial year, (a) moneys appropriated to it by the National prepare and submit to the Vice-President for Assembly; and approval, estimates of the income and expenditure of the Agency for the ensuing year. (b) such other moneys as may accrue to the Agency from other sources. (2) The Agency shall keep proper records and books of accounts of its income, expenditure and (2) The moneys accruing to the Agency under transfers. subsection (1) shall be paid into a fund to be maintained by the Agency. (3) The Agency shall prepare, in respect of each financial year, a statement of accounts. :xpenses of the 25. The following expenses may be defrayed from ,gency the moneys received by the Agency in pursuance (4) The Agency shall, within three months of the of section 24- end of each financial year, submit its statement of accounts to the Auditor General for audit. (a) the cost of administration of the Agency; . I\ (5) The audited accounts of the Agency and the (b) the reimbursement to Agency members Auditor General's report on those accounts shall or any committee appointed by the form part of the Auditor General's overall report to Agency for such expenses tfs may be the National assembly. authorized by the Agency, in accordance with the rates approved by the Vice- Annual report 27. ( 1) The Agency shall, not later than two President; months after the end of each financial year submit to tHe I Vice-President, in respect of the financial (c) the payments of salaries, fees and other year, an annual report on the financial position and remuneration, allowances, pensions and performance of the Agency, the Regional Disaster gratuities payable to Agency members, Committees, the District Disaster Committees, employees of the Agency, as appropriate, Village Disaster Committees and Disaster Funds. and experts, professionals or agents appointed by the Agency; National Disaster Management Act, 2008 39 National Disaster Management Act, 2008 PART VII - LEGAL PROCEEDING (2) The report under subsection (1) shall include- Notice of legal 29. No action may be brought against the Agency action unless at least one month's written notice of the (a) a statement on the income, source of intention to bring the action has been served on income and application of the moneys the Agency by the intending plaintiff or his or her of the Agency the Regional G)isaster agent. Committees, the District Disaster Com- Representation 30. In a suit against the Agency, the Agency may mittees, Village Disaster Committees and the Disaster Funds; be represented in court at any stage of the proceedings by an officer or any other employee of (b) information with regard to the operation the Agency duly authorized in writing by the and performance of the Agency the Agency in that behalf. Regional Disaster Committees, the District Disaster Committees, the Village Indemnity 31. An officer of the Agency or any other person Disaster Committees and the Disaster acting on the direction of the Agen¢y is not Funds;and personally liable in respect of any matter or thing done by him or her in good faith for the purposes (c) such other information as the Vice- of this Act. President may require. CHAPTER Ill - DISASTER MANAGEMENT COM- (3) The Vice-President shall, not later than three MITTEES months after the end of the financial year, cause the report to be laid before the National Assembly. PART 1- ESTABLISHMENT AND COMPOSITION (4) The National Disaster Management Coordina- Establishment 32. (1) There is hereby established, for each tor shall also, from time to time, provide the Vice- of Regional Region, a Regional Disaster Management Com-· Disaster President with such information r<:tating to the Management mittee, which shall reflect the name of the Region affairs of the Agency, Regional Disaster Com- Committees ,, for which it is established. mittees, District Disaster Committees, Village Disaster Committees and Disaster Funds as the (2) ,A Regional Disaster Committee has the Vice-President may request. responsibility for implementing both the National Disaster Plan and, Regional Disaster Plan and act xemption for 28. The Agency shall be exempted from such uties as the coordinating and monitoring body for duties as the Secretary of State responsible for management of disasters for the Region. finance may approve. National Disaster Management Act, 2008 National Disaster Management Act, 2008 41 (3) The Agency shall have overriding powers over PART II - FUNCTIONS a Regional Committee on any matter relating to disaster management and disaster operations in • Functions of

35. (1) A_Regional Disaster Committee shall- the Region. Regional Disaster Committees (a) lay down the disaster management policy Composition of 33. ( 1) A Regional Disaster Committee consists of- and plans for disaster management in its Regional Committees Region; (a) a chairperson who shall be the Mayor or Governor, as the case may be; (b) lay down guidelines to be followed by the --------- Local Authorities in the Region for the pur- (b) such other members, as shall be deter- poses of integration of measures for the mined by guidelines laid down by the prevention of disasters and mitigation in Council; and their development plans and projects and (c) the Regional Disaster Coordinator who provide necessary technical assistance for shall also act as secretary to the Regional them; Disaster Committee. (c) review the measures being taken for the mitigation, capacity building and prepa- (2) The members of the Regional Disaster Com= redness by the Local Authorities in the mittee may designate one of their number to be Region and issue such guidelines as may the vice-chairperson of the Regional Disaster be necessary; Committee. (d) recommend to the Agency the provision of - funds for mitigation and preparedness mea- (3) Subject to this section, each Regional Disaster sures in the Region; Committee shall determine its procedures and its meetings and voting shall be mutatis mutandis as (e) examine the vulnerability of different parts of those of the Council. ~ the Region to different forms of disasters and specify measures to be taken for their Meetings of 34. ( 1) A Regional Disaster Committee may meet prevention or mitigation; and Regional Committees and transact business at such times and in such places as determined by the chairperson, and, in (f) coordinate all disaster management active- any case, shall meet at least three times in a ties in the Region. • calendar year. I (2) A Regional Disaster Committee may, for the (2) A Regional Disaster Committee shall cause full purpose of assisting or protecting the community minutes of its meetings to be kept in such manner affected by disaster or of providing relief to the • as may be determined by it. community or preventing or combating disruption, or dealing with the effects of any threatening disaster situation in the Region- National Disaster Management Act, 2008 National Disaster Management Act, 2008 43 (a) control and restrict vehicular traffic to, from or within, the vulnerable or affected (g) procure exclusive or preferential use of area; amenities from any District Disaster Committee, Village Disaster Committee (b) control and restrict the entry of any other relevant authority, or person, as person into, his or her movement within and when required; and departure from, a vulnerable or (h) ensure that non-governmental agen- affected area, cies carry out their activities in an equit- able and non-discriminatory manner; (c) remove debris, conduct search and. carry out rescue operations; (i) disseminate information to the public to deal with any threatening disaster (d) provide shelter, food, drinking water, situation or disaster; and essential provisions, healthcare and services in accordance with the stand- U) take such steps as the Agency may ards laid down by the Agency and the direct and such other steps as are Regional Disaster Committee; required or warranted by the form of any threatening disaster situation or (e) give direction to any District Disaster disaster. Committee, Village Disaster Committee or other relevant authority, within the (3) The chairperson of a Regional Disaster local limits of the Regional Disaster Committee has, in the case of an emergency, Committee to take such measures or power to exercise all ·or any of the powers of the steps for rescue, evacuation or provid- Regional Disaster Committee but the exercise of ing immediate relief, saving lives or those powers is subject to ratification of the property, as may be n~essary in his or Regional Disaster Committee. her opinion; Powers and functions of

36. For the purpose of assisting, protecting or (f) require a District Disaster Committee, Regional Disas- •• providing relief to the Region, in response to any Village Disaster Committee, other rele- ter Committees threatening disaster situation or disaster within the in disaster vant authority, or person in charge of situations Reg~on,a Regional Disaster Committee may- any relevant resources, to make avail- able the resources for the purposes of (a) give directions for the release ·and use of emergency response, rescue and relief; resources available; (b) control and restrict vehicular traffic to, from and within, the vulnerable or affected area; National Disaster Management Act1 2008 45 National Disaster Management Act, 2008 as may be necessary, and the officer, or (c} control and restrict the entry of any per- . department or Authority is bound to carry son into, his or her movement within and out the order; and departure from, a vulnerable or an affected area; (I) take such other steps as niay be required to be taken in a threatening disaster (d) remove debris, conduct search and carry situation or disaster. out rescue operations; Guidelinesfor 37. (1) The Regional Disaster Committee shall lay minimum (e) provide shelter, food, drinking water, standard of down detailed guidelines for providing standards of essential provisions, healthcare and relief by relief to persons affected by disaster in the Region. services; Regional Disaster Committees (f) make arrangements for the disposal of (2) Standards provided under subsection (1) shall unclaimed corpses; in no case be less than the minimum standards in the guidelines laid down by the Agency in that (g) . recommend to any Government agency regard. at the Regional level to'·take such mea- PART Ill - REGIONAL TECHNICAL .ADVISORY sures as are necessary in its opinion; GROUP (h) procure exclusive or preferential use of Regional 38. (1) A Regional Disaster Committee may amenities from any authority or person; • Technical Advisory constitute an advisory committee to be known as Groups the. Regional Technical Advisory Group, under the (i) construc;:t temporary bridges or other name as reflects the Region for which it is necessary structures and demolish struc- . established. tures which may b~hazardous to public or aggravate the effects of the disaster; (2) The Regional Technical Advisory Group shall ,, consist of experts in various fields who can advise 0) ensure that the non-governmental agen- cies carry out their activities in an equit- the Regional Disaster Committee in disaster able and non-discriminatory manner; management at the Regional, District or Village level and make recommendations to the Regional (k) by order, require any officer or any Disaster Committee on different aspects of Government department or any Local disaster management. Authority in the region to take ' such measures for the prevention or mitigation of disaster or to effectively respond to it, National Disaster Management Act, 2008 4' 5 National Disaster Management A_(:;t,2008 PART IV - SECRETARIAT AND STAFF (c) lay down guidelines for the preparation and format of Regional Disaster Plans; Secretariat (d) examine and determine when it is necessary to approve grants from a Secretariat 39. The secretariat of the Regional Disaster Regional Disaster Fund for emergency Committee is the office of the Mayor or Governor, relief; as the case may be. • ' (e) foster public awareness of the effects of Regional Disaster Management Coordinator d•Isas.ers, t and determine measures which can be taken to prevent or mitiaate Appointment of 40. (1) The Agency shall appoint for each region a them; "' Regional Disaster Regional Disaster Management Coordinator. Coordinators (2) A Regional Disaster Coordinator shall act as the a administrative head and be responsible for · the day-to-day administration of the Regional Disaster Committee. Functions of 41. (1) Each Regional Disaster Coordinator is res- Regional Disas- ter Coordinators ponsible for disaster management in the Region and shall carry out functions in relation to that responsibility. (2} Without prejudice to subsection (1), a Regional Disaster Coordinator shall pe~orm the following functions within the Region- (a) coordinate the general policy of the (h) evaluate the preparedness at aH Govern- Regional Disaster Committee relating to mental or non~govemmenta! levels in the the prevention of, preparedness for, res- ~egion to_ respond to any threatening ponse to, mitigation of, and recovery • d~sas~er situation or disaster and give from, disasters in the Region. ?1rect1ons,where necessary, for enhanc- ing the preparedness; (b) develop and recommend to the Regional Disaster Committee a regional policy on (i) coordin~te r~sponse if there is any fostering and promoting the prevention threatening disaster situation or disaster of, preparedness for, response to, mitiga- in the Reaion- ..., ' tion of and recovery from, disasters in the Region; 48 National Disaster Management Act, 2008 U) promote general education, awareness National Disaster Management Act, 2008 49 and community training in regard to the . Requisition by 42. A Regional Disaster Coordinator may, by forms of disasters to which different parts the Regional order, require any officer or any department at the of the Region • are vulnerable and the Disaster Coordi- nators Regional, District or Village level or any Local measures that may be taken by the Authority to take such measures for the prevent- community to prevent, mitigate, and ion, br mitigation, of disaster or to effectively res- respond to the disaster; pond to it, as may be necessary, and that officer or department is bound to carry out the order. (k) provide necessary technical assistance or give advice to District and Village Disaster • Regional Disas- 43. (1) Where a disaster occurs in a Region, the Committees in the District on disaster • ter Coordinators Executive Director may initiate or take over, from management; relationship with the Executive the Regional Disaster Coordinator disaster Director management ·and disaster operations in the (I) examine construction works, in any. area affected area in the Region .and the Regional in the Region and may, if he or she is of Disaster Coordinator shall coordinate, cooperate the opinion that the standards laid for the and act on the advice and instructions of the construction for the prev~ntion of disaster Executive Director. is not being or has not been followed, direct the relevant District Disaster Com- (2) A· Regional Disaster Coordinator shall provi.de mittee or Village Disaster Committee to such information as is requested by t~e Executive take such action as is necessary to Director without delay. secure compliance with those standards; (3) A Regional Coordinator shalf provide bi-ann~al (m) provide information to the Agency relating reports of his or her activities to the Executive to different aspects •of disaster mana- Director. gement in the Region; Other Staff (n) prepare, review and update the Regional Disaster Plan for the Region and ensure Other Staff of 44. (1) The other staff of a Regional Disaster that the District Disaster Plans and Village the Regional ,, Coordinators Committee shall comprise employees deployed to Disaster Plans are prepared, reviewed it from the office of the Mayor or Governor, as the and updated; case may be. (o) perform such other functions related to (2) The staff shall be paid such salaries and disaster management in the Region as allowances as may be determined by the Regional the Regional Disaster Committee consi- Disaster Committee. ders necessary. National Disaster Management Act, 2008 National Disaster Management Act, 200.8 51 PART V - FINANCIAL PROVISIONS Functions and 48. (1) The chairperson of the District Disaster powers of Chairpersons of Committee shall, in addition to presiding over its Finances of the 45. (1) A Regional Disaster Committee shall be meetings, perform such functions and exercise Regional • District Disaster Disaster funded from monies appropriated to the Mayor's or Committees such powers of the District Disaster Committee Committees Governor's office either by the National Assembly may delegate to him or her. or the Department of State responsible for Local Government. (2) The chairperson of the Distri.ct Disaster Com- mittee, in the case of an emergency, has power to (2) The Regional Disaster Committee shall submit exercise all or any of the powers of the District annual financial report to the Mayor or Governor in Disaster Committee but the exercise of those such form as he or she shall determine. powers is subject to ratification of the District Disaster Committee. CHAPTER IV - DISTRICT DISASTER MANAGE- Meetings and 49. (1) The District Disaster Committee shall meet procedures MENT COMMITTEES as and when necessary and at such time and place as the chairperson may thir.k fit. PART I-ESTABLISHMENT AND COMPOSITION Establishment • 46. (1) There is hereby established, for each (2) Subject to subsection (1 ), each District Disaster of District Disas- District, a District Disaster Management Com- Committee's. procedures shall be as determined by ter Management Committees mittee which shall reflect name of the District for the Regional Disaster Committee and its meetings which it is established. t and voting shall be mutatis mutandis the same as those of the Council. . Composition of 47. A District Disaster Committee consists of- District Disaster Functions and 50. A District Disaster Committee's functions and Committees powers of Dis- (a) the District Seyfo as the chairperson; trict Disaster powers at the District level are mutatis mutandis Committees as the same those of the Regional Disaster (b) such other members, as shall be deter- Committee, except that it cannot- mined by guideline laid down by the Regional Disaster Committee; and (a) make any recommendation to the Agency or Council except through the Regional (c) the District Disaster Coordinator who shall Disaster Coordinator; and. act also as secretary to the District Disaster Committee. (b) do anything that should be done at the Regional disaster management level. National Disaster Management Act, 2008 National Disaster Management Act, 2008 53 Functions and • 51. For the purpose of assisting, protecting, or (2) A relation to the District, the District Disaster powers of providing relief to, the commun!ty, in re~ponse to District Disaster Coordinator has mutatis mutandis the same Committees in any threatening disaster situatI~n or ~1saster, a powers and functions of the Regional Coordinator, disaster District Disaster Committee has in relation to an_y except that the District Coordinator cannot- situations threatening disaster situation or disaster, mutat,s mutandis the same functions and powers as a (a) make any recommendation to the Council Regional Disaster Committee in relation to its or Agency except through the Regional Region of jurisdiction. Disaster Coordinator; or Appointment of 52. .The District Disaster Committee may, as and (b) do anything that should be done at the advisory and when it considers necessary, appoint one or more other commit- Regional Disaster Management level. tees advisory committees and other committees for the efficient discharge of its functions. Requisition by 56. A District Disaster Coordinator may, by order, \ the District Disaster require any officer or any Government agency at Coordinators the district or village level to take such measures PART U. SECRETARIAT AND STAFF OF DISTRICT for the prevention or mitigation of disaster or to DISASTER COMMITTEES effectively respond to it, as may be necessary, and that officer or agency is bound to carry out the Secretariat order. Secretariat 53. The secretariat of the District Disaster Com- District Disaster 57. (1) If a disaster occurs in a District, the Na- mittee shall be provided _bythe Distr,::t Seyfo. Coordinators tional Disaster Coordinator or Regional Disaster relationship with the Executive Coordinator may initiate or take over a disaster District Disaster Coordinators Director and the operation and management of 'the disaster in the _Regional i Disaster affected area, and the District Disaster Coordinator Appointment of 54. (1) There shall be a District Disaster Manage- I Coordinators shall coordinate, cooperate and act on the advice District Disaster Coordinators ment Coordinator for each District. and instructions of the National Disaster Coordi- nator or Regional Disaster Coordinator, as the (2) The District Disaster Coordinator shall be ' case may be. appointed by the Regional Disaster Committee. (2) A District Disaster Coordinator shall provide Functions of 55. (1) Each District Disaster Coordinator is res- such information as is requested by the Executive District Disaster Coordinators ponsible for disaster management in the District Director or Regional Disaster Coordi-nator without and shall exercise such powers and perform 'such delay. functions as the District Disaster Committee may . delegate to him or her. National Disaster Management Act, 2008 55 National Disaster Management •Act, 2008 (a) references in this Act to Village Disaster (3) A District Disaster Coordinator shall submit to Committee shall be construed • as re- .. the Regional Disaster . Coordinator biannual ferences to the Village Development updates on his or her activities in the field of Committee acting in its capacity as the Village Disaster Committee; and disaster management. . Other Staff (b) the Chairperson and members of the Village Development Committee are the Other staff 58. The other staff of a District Disaster Committee Chairperson and members of the Village shall comprise employees deployed to it from the Disaster Committee. Governor's office. (2) The staff shall be paid such $alaries and Meetings and . 61. (1) A Village Disaster Committee shall meet as procedures allowances as may be determined by the District and when necessary and at such time and place Disaster Committee. as the chairperson may think fit for the purposes of this Chapter of this Act. PART 111-FINANCES (2) Each Village Disaster Committee shall deter- Finances 0f 59. A District Disaster Committee shall be funded· mine its procedures and its meetings and voting District Disaster shall be mutatis mutandis the same as those of the Committees from monies appropriated to it f~m the office of Council. the District Seyfo. PART 11- FUNCTIONS· CHAPTER V - VILLAGE DISASTER MANAGE- MENT COMMITTEES Functions and 62. (1) A Village Disaster Committee shall act as powElrs of Village Disaster the village disaster planning, coordinating and PART I-ESTABLISHMENT AND COMPpSITION Committees implementing body for disaster management for the village and take all measures for the purposes Establishment of disaster management in . the village in

60. (1) There is hereby established a Village accordance with the guidelines laid down by the of Village Disas- ter Management Disaster Committee for each village or cluster of Agency, the Regional Disaster Committee and Committees villages as determined under section Q2 (2) of the District Disaster Committee. Local Government Act, 2002. No.5 of 2002 (2) The functions and powers of the Village. (2) The Village Development Committee esta- Disaster Committee shall be mutatis mutandis •the blished under section 92 (1) of : the Local same as those of the District Disaster Committee, Government Act, 2002 shall act as the ·Village except that it is restricted to the Village level. Disaster Management Committee for the village, and accordingly- 56 National Disaster Management Act, .2008 National Disaster Management Act 7 2008 57 Functions and 63. For the purpose of assisting, protecting or (2) The chairperson of the Village Disater - powers of Village Disaster providing relief to the community, in response to Committee has, in the case of an emergency, Committees in any threatening disaster situation or disaster in a ·- power to exercise all or any of the powers of the the event of village, a Village Disaster Committee may- Village Disaster Committee but the exercise of threatening disaster such powers shall be subject to thereafter situations or (a) give directions for the release and use of ratification of the Village Disaster Committee. disasters village resources; Village Disaster 65. (1) Where a disaster occurs in a Village, the (b) control and restrict the movement of any Committees relationship with Executive Director, Regional Disaster Coordinator person, vehicles and cattle into, within the Executive or District Disaster Coordinator may initiate or take and departure from, a vulnerable or Director and the over disaster operations and management in the affected area; Regional and District Disaster affected area in the Village, and the Village Coordinators _ Disaster Committee shall render all assistance, (c) control and restrict the entry of any per-· coordinate, cooperate and act on the advice and son into, his movement within and depar- instructions of the Executive Director, Regional ture from, a vulnerable or affected area; Disaster Coordinator or District Disaster Coordinator, as the case may be. (d) remove debris, conduct search and • carry out rescue operations; PART 111-VILLAGE DISASTER COORDINATORS (e) provide shelter, food, drinking water and Appointment of •66. (1) There shall be a Village Disaster Coor- essential provisions, healthcare and • Village Disaster servicets: Coordinators dinator for each village or cluster of villages. (f) make arrangements for the disposal of the (2) A Village Disaster Coordinator shall be unclaimed corpses; and appointed by the Village Disaster Committee. (g) take such other steps as may be (3) The Village Disaster Coordinator shall act as required or warranted to be taken in such the central person for coordinating disaster mana- a situation. gement within the Village. Powers of 64. (1) The chairperson of the Village Disaster Functions of 67.• Each Village Disaster Coordinator is respon- Village Disaster chairpersons of Committee shall, in addition to presiding over its Coordinators sible for coordinating disaster-related matters in Village Disaster Committees meetings, exercise and discharge such powers .the Village and carrying out the same functions, in and functions of the Village Disaster Committee as relation to the Village, mutatis mutandis as the the Village Disaster Committee may delegate to District Disaster Coordinator, except that- him or her. 58 National Disaster Management Act, 2008 (a} he or she cannot make any recom- National Disaster Management Act, 2008 59 mendation to the District Disaster (2) The National Disaster Plan shall be drawn up Committee .unless through the District in consultation with the Government agencies and Disaster Coordinator; or non-government agencies with expertise in the field of disaster management. (b) any matter that deals with matters at the District, Regional or National_level. (3) Appropriate provisions shall be made by the Government for financing the measures to be Village Disaster 68. (1) Where a disaster occurs in a village, the Coordinators carried out under the National Disaster Plan. relationship with Executive Director, Regional Disaster Coordinator the Executive or District Disaster Coordinator m·ay initiate or take (4) The Agency shall make available copies of the Director and the over a disaster operations and management in the Regional and National Disaster Plan to the Departments of State District Disaster affected area in the village, and the Village which shall draw up their own disaster mana- Coordinators Disaster Coordinator .shall coordinate, cooperate gement plans in accordance with the National and act on the advice and instructions of •the • Disaster Plan. Executive Director, the Regional Disaster Coordi- nator and the District Disaster Coordinator. ' (5) The National Disaster Plan shall comprise the (2) A Village Disaster Coordinator shall provide, statements of the contingency arrangements and without delay, such information as is requested by requirements, . under the coordinatio_n of the the Executive Director, Regional Disaster Coordi- Agency, to be followed by Governme.nt agencies nator and District Disaster Coordinator. and non-government agencies. CHAPTER VI - DISASTER MANAGEMENT (6) ihe National Disaster Plan shall include- PLANS (a) measures to be taken for the prevention PART 1- NATIONAL DISASTER MANAGEMENT of disasters and the mitigation of their PLAN effects; National Disas- 69. (1) The Agency shall, with the approval of the (b) measures to be taken for the integration ter Management Plan Council, draw up a plan for national disaster of mitigation measures in the develop- management for the whole of the country to be ment plans; called the National Disaster Plan, directed at th·e prevention of, preparedness for, response to, I (c) measures to be taken for pr~paredness mitigation of, and recovery from, disasters in The and capacity building to • effectively Gambia. respond to any threatening disaster situations or disaster; National Disaster Management Act, 2008 61 60 National Disaster Management Act, 2008 (v) the evacuation of all the residents of (d) roles and responsibilities of different any area when it is •considered Departments of State in respect of desirable in the event of .a disaster measures sp·ecified in paragraphs (a), emergency, (b) and (c); (vi) the requisitioning of private property (e) post-disaster reconstruction, rehabili- when it is considered desirable in tation and recovery plans; the event of a disaster emergency, including procedures for assessing (f) procedures related to disaster preven- and paying compensation in cones- tion, preparedness for, response to, quence of any requisition, mitigation of, and recovery from, disasters by Departments of State, (vii) protecting Hfe and property from the Government agencies and non-govern- dangers offooting and riotous beha- viour, and ···· ment agencies; -- _,. .. .. - -- - .. --· .. --·····-·--·--··'" (viii) accepting and facilitating the distri- (g) procedures for informing the public in bution of volunteer services and The Gambia and elsewhere of the exist- relief supplies. ence of a threatened disaster or the existence of a disaster emergency; and Review of Na- 70. (1) The Agency shall review the National tional Disaster Disaster Plan annually and make such amend- (h) procedures to be followed during a Plan ments as are necessary to keep the National threatened disaster alert or in the event Disaster Plan up to date. or aftermath of a disaster emergency for- (2) Any periodic updates or amendments to the (i) safeguarding against fires and National Disaster Plan must be approved by the epidemics, C.ouncil before they take effect. • (ii) the protection and restoration of PART 11- DEPARTMENTS OF STATE DISASTER communication, both nationally and MANAGEMENT PLANS internationally, Departmental 71.' (1) The Agency may require a Department of Disaster Man- (iii) the provision of shelter for perso~s, agement Plans State to- (iv) cooperation with international orga- (a) prepare a Departmental Disaster Mana- nizations and Governments of coun- gement Plan specifying the following tries outside The Gambia, particulars - 62 National Disaster Management Act, 2008 National Disaster Management Act, 2008 63 (i) the measures to be taken by the De- (c) forward a copy of the Departmental partment of State for the prevention Disaster Management Plan referred to in of, preparedness for, response to, paragraph (a) or (b), as the case may be, mitigation of, and recovery from, to the Agency for its approval. disasters in accordance with th~ National Disaster Plan, (2) Every Department of State shall- (ii) the specifications regarding integra- (a) while preparing its Departmental Disas- tion of mitigation measures in its ter Plan under subsection (1) (a), make development plans in accordance provision for financing the activities with the guidelines laid down by the specified in it; and Agency, (b) furnish a status report regarding the (iii) its roles and responsibilities in rela"'.'• implementation of the Departmental tion to preparedness for, and Disaster Plan to the Agency, as and capacity-building to deal with, any when required by it. threatening disaster situation or disaster, Review of 72. (1) The Permanent Secretary of each Depart- Departmental Disaster • ment of State shall . review the •Departmental (iv) its roles and responsibilities in regard Plans Disaster Plan annually and make such amend- to promptly and effectively respond- ments as are necessary to keep it up to date. ing to any threatening disaster situa- tion or disaster, (2). Any periodic updates or amendments to the Departmental Disaster Plan must be approved by (v) the present status of its prepared- the Council before they take effect. ness to perform the roles and responsibilities specified in sub- PART Ill - REGIONAL DISASTER MANAGEMENT paragraphs (iii) and (iv), and PLANS (vi) the measures required to be taken in Regional 73. (1) There shall be a plan •for disaster Disaster Plans order to enable it to perform its mat:tagement for every Region to be called the responsibilities specified in sub- Regional Disaster Management Plan preceded by paragraphs (iii) and (iv); the name of the respective Region to which it applies. (b) review and update annually its Depart- mental Disaster Plan; and National Disaster Management Act, 2008 65 64 National Disaster Management ·Act? 2008 (2) Any periodic updates or amendments to the (2) The Regional Disaster Management Plan shall plan must be approved both by the Regional be prepared by the Regional Disaster Coordinator, Disaster Committee and the Agency before they .having regard to the guidelines laid down by the can take effect. Agency, and after consultation with the Regiopal Disast~r _Committees, the Local Authorities con- PART IV- DISTRICT DISASTER MANAGEMENT cerned, the District Disaster Committees and the PLANS Village Disaster Committees. District Disaster 75. (1) There shall for every District a plan for Management (3) The Regional Disaster Plan prepared under Plans disaster management to be known as the District subsection (2) shall be subject to approval by the Disaster Management Plan, which shall be Agency before it can be implemented. preceded by such name as reflects the District to which it applies. . . . (4) The Regional Disaster Plan shall include- (2) The District Dis-asterPlan shall be prepared by the District Disaster Coordinator, subject to (a) the vulnerability of different parts of the approval by both the District Disaster Committee, Region to different forms of disasters; the Regional Disaster Committee and the Agency. (b) the measures to· be 'adopted for the (3) The District Disaster Management. Plan shall prevention of, preparedness for, res- include- ponse to, mitigation of, and recovery . . from, .disasters in the Region; (a) the areas in the District vulnerable to different forms of disasters; (c) the manner in which the mitigation measures shall be integrated with the (b) the measures to be taken, for the pre- development plans and projects in the vention of, preparedness for, response to, Region; and • mitigation of, and recovery from, disasters •(d) the capacity-building and preparedness at the District level; measures to be taken in the Region. • (c) the capacity-building and preparedness (5) Appropriate provisions shall be made for measures required to be taken by the financing the measures to be carried out under the Departments of the Government at the Regional Disaster Plan. District level and the Village level in the District to respond to any threatening Review of 74. ( 1) The Regional Disaster Coordinator, shall disaster situation or disaster; Regional Management review the Regional Disaster Plan annually and Disaster plans make such amendments as are necessary to keep (d) the response plans and procedures, in it up to date. the event of a disaster, providing for- 66 National Disaster Management Act, 2008 National Disaster Management· Act, 2008 67 (i) allocation of responsibilities to the Departments of the Government at (2) The Village Disaster Committee shall prepare the District level and the Village the Village Disaster Plan, after consultation with level ·in the District, the local authorities and having regard to the National Disaster Plan, the Regional Disaster Plan (ii) prompt response to disaster and and •the District Disaster Plan subject to the relief, approval of the Regional Disaster Committee. (iii) procurement of essential resources, (3) The Village Disaster Plan shall include- (iv) establishment of communication (a) the· areas in the Village vulnerable to • links, and different forms of disasters; (v) the dissemination ofinforrnation to (b) the measures to be taken, for preven- the public. tion and mitigation of disaster, by the Departments of the Government at the (4) Copies of the District. Disaster Mcinagernent Village level and local authorities in the Plan shall be submitted to the Ag~ncy and shr.~lib~::- Village; . made available to the District Di~asfr:irCornmlttee and the Regional Disaster Committee. (c) the capacity-building and preparedness measures required to be taken by the District review 76. ( 1) The District Disaster Coordinator shall n~,- Departments of the Government at the of District Disas- ter Plans view and up date the District Disaster Plan Village level and the local authorities in annually and make such amendments as are the Village to respond to any threate- necessary to keep the District Disaster Pian up to ning disaster situation or disaster; . date. (d) the response plans and procedures, in (2) Any periodic updates or amendments to the the event of a disaster, providing for- District Disaster Plan shall be approved by the District Disaster Committee, Regional Disaster (i) allocation of responsibilities to • Committee and the Agency before they can take the Departments of the Govern- effect. ment at the Village level and the local authorities in the Village, PART V - VILLAGE DISASTER MANAGEMENT PLANS (ii) prompt response to disaster and relief, Village Disaster Management

77. (1) There shall be a Village Disaster Mana- Plans gement Plan for disaster management for each (iii) procurement of essential re- village. source, 68 National Disaster Management Act, 2008 (iv) establishment of communication National Disaster Management Act 1 2008 69 links, (b) establishment. of institutions for re- search, training, and developmental (v) the dissemination of information programmes in the field of disasters to the public; and management; (e) such other matters as may be required (3) The Government may extend such measures by the Village Disaster Committee. to other countries affected by major disasters as it may deem appropriate. (4) · The Village Disaster Plan shall be reviewed Responsibilities 79. Every Department of State is responsible for- and updated annually by the Village Disaster of Departments Committee. , of State (5) A Village Disaster Committee shall send a copy (a) integrating into its development plans of the Village Disaster Plan to the District Disaster and projects; and taking measures nece- Committee which shall forward it to the Regional ssary for the prevention of, preparedness Disaster Committee for its approvpl. for, response· to, mitigation of, and recovery from, disasters, in accordance with the guidelines laid down by the CHAPTER VII - GOVERNMENT DISASTER Agency; MANAGEMENT MEASURES (b) taking measures necessary for capacity- Government to 78. (1) Subject to the provisions of this Act, the building in the area of disaster manage- take measures Government shall take all such measures as it ment and the training of personnel in deems necessary or expedient for the pur.pose of relation to disaster management; disaster management. (c) responding effectively and promptly to (2) Without prejudice to subsection (1 ), measures any threatening disaster situation or which the Government may take include, but are disaster in accordance with the guide- not limited to- lines or directions of the Agency; (a) deployment of security services from (d) reviewing the enactments administered the military or police or any other civi- by it, its policies, rules and regulations,· lian personnel as may be required for with a view to incorporating in them the the purposes of this Act; and ' provisions necessary for the prevention of, mitigation of, or preparedness for, disaster;

70. National Disaster Management· Act, 2008 71 National Disaster Management Act, 2008 of agencies involved in emergency and disaster (e) allocating funds for measures for the management, including the Police Force, the Fire prevention of; preparedness for, res- Service and The Gambia Armed Forces ' as the • ponse to, mitigation of and recovery case may be. • from, disasters, as well as capacity-_ building; and (4) A person to whom a Notice ·of Evacuation issued pursuant to this section shall comply. (f) taking such other actions as it may consi- der necessary for disaster management. (5) A person who does not comply with a provision of this section commits an offence and is liable on CHAPTER VIII - EVACUATION conviction to a finE(not-exceecffng fifty thousi:1ncf dalasis or imprisonment for a term not exceeding Consultation 80. (1) The Executive Director shall assess the twelve months, or to bqth the fine and imprison- prior to evacua- potential for loss of life, or injury to persons, where ment. tion • there is a threat of a disaster or where a disaster has occurred in The Gambia or in a part of The CHAPTER IX ;. ASSISTANCE DURING PERIOD Gambia. OF DISASTER·. General powers 82. (1) Where the Agency has declared that a (2) The Executive Director shall, after consultation during period of with the Council, recommend to the Secretary of disaster disaster exist •in any part of The Gambia and it State for the Interior that it is necessary for him or • considers that the Regional Disaster Committee, her to order an evacuation of inhabitants of the District Disaster Committee or Village Disaster affected area. Committee, for the affected area is unable to provide adequate disaster management services Notice of 81. (1) If, on receipt of a recommendation pursuant to deal with the disaster, the Agency may- evacuation to section 80, the Secretary of State for the Interior considers that an evacuation is necessary, he or (a) by notice published in such manner as it she shall issue a Notice of Evacuation. thinks fit and- (2) A Notice of Evacuation issued pursuant to (i) to such extent and for such purposes subsection (1) shall specify the nature of the as it may specify in the notice, take disaster, the potential harm to persons, and the over any power or duty conferred on area of The Gambia required to be evacuated. the Regional Disaster Committee I under this Act for the area concerned, (3) Where a Notice of Evacuation is issued and •pursuant to subsection (1 ), the Executive Director shall coordinate the evacuation with the assistance 72 National Disaster Management Act 1 2008 National Disaster Management Act, 2008 73 (b) a member of The Gambia Armed Forces, (ii) confer or impose on any person or without the •consent of the Chief of authority, qny power or duty conferred Defence Staff; or imposed on a Regional Disaster Committee, District Disaster Com- (c) a prison officer, without the consent of mittee or Village Disaster Committee the Commissioner of Prisons; by or under this Act: (d) a fire officer, without the consent of the (b) direct any person employed by the Chief Fire Officer; or Government to render such assistance as the Agency may direct to any Regional (e) an employee of Government, without the Disaster Coordinator, District-Disaster consent of the Secretary of State respon- Coordinator, Village Disaster Committee sible for the Department of State to which or other person on whom a power or duty the employee is posted. is conferred by or under this Act. Power to issue 83. (1) Notwithstanding anything contained in any directions to (2) The Agency may direct any person employed Government other law for the time being in force, the Agency by the Government- Departments may issue directions in writing to the Departments of State and Government agencies or any of its (a) to evaluate, from time to time, the 1 officers or employees, as the case may be, to preparedness of Local Authorities and facilitate or assist in disaster management. District authorities in matters relating to disaster management and to report on (2) Departments of State and other Government them; agencies and any of its officers or employees shall comply with a direction issued to it, provided that (b) in collaboration with the Regional Disas- the directions would not reasonably place the life ter Coordinator, District Disaster Coordi- or property of the officer in danger. nator and Village Disaster Coordinator concerned, to activate disaster manage- Powers made 84. Any officer of the Government, when re- available to ment services within any area and to Government ,, quested by the Agency, shall perform any of the coordinate all activities related to disaster officers for functions in connection with the prevention of, management in the Region, District or rescue preparedness for, response to, mitigation of, and operations Village. recovery I from, disasters and rescue or relief work. (3) The Agency shall not give any direction under Power of 85. ( 1) If it appears to the Agency, a Regional I requisition of subsection (2) to- resources, Committee, District Disaster Committee, Village provisions, Disaster Committee or any officer as may be (a) a police officer, without the consent of the vehicles, etc., authorised by it in this behalf, that- ror rescue lnspe1ctorGeneral of Police; perations, etc. 74 National Disaster Management Act, 2008 (a) any resources with any authority or National Disaster Management Act, 2008 75 person are required for the purpose of prompt response to a disaster; (d) "vehicle" means any vehicle used or cap- able of being used for the purpose of (b) any premises are required or likely to be trans-port, whether propelled by mecha- required for the purpose of disaster nical power or otherwise. operations or rescue operations; or Direction to 86. The Agency, a Regional Disaster Committee, media of (c) any vehicle is required or is likely to be communication District Disaster Committee or Village Disaster of warnings, etc. Committee may request the Government to give required for the purposes. of transport of direction to any authority or person in control of resources to or from disaster affected any audio or audio-visual media or of such other areas or transport in connection with rescue, rehabilitation or re·construction means of communication, as may be available, to ' carry any warning or advisories regarding any it may, by order in writing, requisition the threatening disaster ,situation or disaster, and the resources, premises or vehicle, as the case may authority or person so directed ·shall.comply with be, and may make such further orders as may the direction. . appear to it necessary or expedient in connection with the requisitioning. Protection of 87. (1) Where the Executive Director certifies in employees who assist in writing to an employer that the services of his or (2) Whenever any resource, premises or vehicle is emergency her employee is or was required by the Agency, situations for the performance of tasks for a specified period requisitioned under subsection ( 1), the period of requisition shall not extend beyond the period for in response to the prevention of, preparedness for, which the resource, premises or vehicle is required response to, mitigation of, and recovery from, for any of the purposes mentioned in that sub- disasters or an emergency, the employer shall, section. whether or not he or she consented to the absence of the employee- (3) In this section- (a) not dismiss or prejudice the employment (a) "resources" includes human and material of the employee by • reason of the resources; absence;or (b) "services" includes facilities; (b) continue to pay the salary and benefits to which the employee is entitled for the period specified. (c) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part of the (2) The period the Executive Director may specify premises; and under subsection (1) shall in no case exceed continuous period of two weeks .. 76 National Disaster Management Act, 2008 National Disaster Management ·Act,. 2008 77 (3) An employer who fails to co~p_ly with Register of -· . • subsection (1) commits an offence and Is liable on Volunteers

89. (1) The Executive Director shall maintain a conviction, in the case of- register to be known as the Register of Volunteers. (a) an individual to a fine not exceeding fifty (2) A person who wishes to volunteer for the thousand dalasis or imprisonment for a purposes of assisting in an emergency or a term not exceeding two years, or to both disaster situation shall submit his or her name to the fine and imprisonment; and the Executive Director for registration as a volunteer and the National Disaster Coordi-nator (b) a body corporate, to a fine not exceeding shall, if he or she sees fit, register the person in two hundred thousand dalasis. the Register of Volunteers as a volunteer. Emergency 88. Notwithstanding the provisions of The Gambia (3) The chairpersons of a Regional Disaster procurement Public Procurement Act, 2001, where, by reason of Committee, District Disaster . Committee and and accounting· No. 3 of 2002 • any threatening disaster situation or _disaste~,t~e Village Disaster committee shall submit in writing Agency, a Regional Disaster Committee, D1~tnct to the Executive Director on or before 181 July in Disaster Committee or Village Disaster Committee each year the names of the members of their is satisfied that immediate procurement of provi- Committees who wish to be registered as sions or materials or the immediate fipplication of volunteers ' and the Executive Director shall resources are necessary for rescue or relief- include the names of those members in the Register of Volunteers as volunteers. (a) it may authorise the •department or authority concerned to make the emer- (4) A volunteer who performs the duties assigned gency procurement, in which case, the to him or her pursuant to this Act in good faith is standard procedure requiring invitation no't liable for injury to persons or loss of property of tenders or quotations shall be caused as a result of his or her performance of those duties. deemed to be waived; (b) a certificate about the utilisation of • CHAPTER. X- STATE OF PUBLIC EMER- provisions or materials by the con_t- ___GEN~'( _ _______ rolling officer authorised by the Council, Declaration of ',,, Regional Disaster Committee, District slate of

90. If the President, on the advice of the Council, Disaster Committee or Village Disaster , mergency is satisfied that a disaster in any area- !' '' Committee, as the -case may be, shall (a) is of such a nature and extent that be deemed to be a valid document or exceptional measures are necessary or that voucher for the purpose of accounting circumstances are likely to arise making it of emergency procurement of the necessary to take those measures, to assi t provisions or materials. and protect the public of the area; National Disaster Management Act, 2008 National Disaster Management Act, 2008 79 78 . -······ (b) constitutes a significant and widespread (d) implement the relevant provisions of the danger to life or property in The Gambia; or National Disaster Plan to meet emergency requirements; • (c} exceeds the affected community's capabili- ties to deal with that disaster, (e) mobilise strategic reserves of commodities, and equipment and other resources; ne or she may, in accordance with section 34 of the Constitu ·on by proclamation, declare that a (f) have access to and utilise the personnel, state of public emergencyexists, in the whole, or a vehicles, equipment and radio commu- specified p rt or parts of The Gambia, in relation to nications and equipment of The Gambia that disaster. Police Force and The Gambia Armed Duration of 91. A declaration of a state of public emergency Forces; declaration has effect and remains in force as provided in section 34 of the Constitution. (g) direct and compel the evacuation of all or part of the population from any disaster- Presidential 92. In addition to the general mergency powers set stricken or threatened area- emergency out under the Constitution and the Emergency powers Cap.17:03. Powers Act, the President has, during a state of (i) if he or she considers such an action is public emergency, the power to- necessary for the preservation of life, and (a) suspend the provisions of any regulatory statute prescribing the procedures for (ii) move them to temporary shelter else- conduct of Government buslness or the where where adequate facilities exist orders, rules or regulations of any Gover- for their livelihood; nment agency, rules of procurement, if compliance with the provisions of the (h) prescribe appropriate routes, modes of statute would in any way prevent, hinder, or transportation and destination in connec- delay necessary action in coping with the tion with evacuation; disaster-induced emergency; (i) control in-coming and out-going traffic to (b) utilise all available resources of the and from a disaster area, the movement of Government, including stores, equipment, persons within the are a and the occupancy vehicles and facilities as reasonably neces- of premises within the area, making pro- sary to cope with an emergency; vision for the availability and use of (c) transfer personnel or functions of Govern- temporary emergency housing; ment departments and agencies or units for the purpose of performing or facilitating emergency services; 80 National Disaster Management Act, 2008 National Disaster Management Act, 2008 81 0) suspend or limit the sale, dispensing or (b) supply and distribute food, water, fuel, transportation of alcoholic beverages, fire- electricity, medical assistance,· shelter, arms and explosives; and other basic necessities; (k) requisition buildings, vehicles and equip- (c) maintain the means of transportation by ment under the control of centres and Local land, air or water and the control of the Government institutions needed for emer- transport of persons and things; gency purposes; (d) temporarily acquire or control any pro:- (I) take all necessary measures in order to perty, undertaking or land; prevent, alleviate, control and minimise the effects of disasters; (e) evacuate people in their own interest or that of the public; (m) make plans for post-disaster reconstruction, rehabilitation and recovery; (f) enter and search of any premises; and (n) improve and enforce restrictions on the (g) do such other things which may apply to supply and usage of waler in circums- a specific disaster event. tances of severe prolonged droughts; and Other special 94. (1) During a state of public emergency, the (o) prepare an appeal for donor assistance powers during state of public Executive Director, may, subject to section 92 if it and to receive, accept and account for any emergency is necessary in the interest of safety- donations given for the purpose of disaster relief and management. (a) direct a person to do any or all of the following- Agency's power 93. (1) While a declaration of a state of public to direct (i) leave particular premises and to move Government emergency is in force, the Agency, in addition to out of a disaster area, agencies, etc. the powers vested under this Act but subject to during state of section 92, may- public emer- (ii) take any children or adults present in gency any particular premises who are in the (a) direct any Government agency to do or person's care and move them out of a refrain from doing any act, or to exercise disaster area, or or refrain from exercising any function which shall be complied with despite' any (iii) not to enter a disaster area; other Act or law to the contrary; 82 National Disaster Management Act, 2008 National Disaster Management Act, 2008 83 (b) close to traffic, any street, road, lane, thoroughfare or footpath or place open to (b) take possession of, protect or assume . or used by the public in a disaster area; control over, any land, body of water, building, structure, vehicle or other (c) close any other public or private place in a thing; disaster area; (c) remove or destroy, or order the des- (d) order any wall or premises that have been tructtion of, any building, structure, damaged or rendered insecure in a disas- vehicle, vegetation or seriously injured ter area to be pulled down or repaired at animal; the expense of the owner; (e) shut off or disconnect the supply of any (d) subject a place or thing, or direct a per- water or electricity in a disaster area; son, to a decontamination procedure; (e) . direct the owner of, or the person for the (f) take possession of, and remove, any mate- rial or thing in a disaster area that may be time being in charge of, any real or dangerous to life or property.' personal property to place it under the . control or at the disposition of a specified person; (2) If the person mentioned in subsection (2)(a) does not comply with the direction, a member of (f) remove, or cause to be removed, to The Gambia Police Force, The Gambia Armed such place as the Executive Director or ·: Forces or volunteer, may do all such things as are authorised officer thinks fit, any person ' reasonably necessary to ensure compliance with or animal, or direct the evacuation or it, using such force as is reasonably necessary in removal of any person or animal; the circumstances. (3) On the declaration of a state of public emer- (g) direct or prohibit the movement of gency and while that deciaration remains in force, persons,. animals or vehicles; the Executive Director or an authorised officer may, if he or she is of the opinion that it is (h) remove, or cause flammable material or any other hazardous material, or any necessary to do so, do or cause to be done all or other hazardous material to be removed any of the following- from any place, building or structure; - (a) enter and, if necessary, break into any (i) cause any supply of fuel or other land, building, structure or vehicle (using flammable liquid, any gas or electricity , such force as is necessary); or any other hazardous material to b shut off or disconnected; ) 84 National Disaster Management· Act, 2008 National Disaster Management Act, 2008 85 Disconnection 95. (1) A person supplying water or electricity to U) direct a person, who is in a position to of electricity and do so, to- . water supply any premises or other place shall at the direction of the Executive Director or an authorised officer, -(i) stop any work or operation, during a state of public emergency, send a competent person to shut off or •disconnect the (ii) close any premises or other place, supply of water or electricity to the premises or other place, or to any adjacent premises or place. (iii) contain the escape of any hazar- dous material, , (2) A person so directed under subsection (1) must comply with any direction that may be given in the (iv) nullify the effects of the escape of exercise of powers under that subsection. any hazardous material, or Recovery 96. ( 1) The Executive Director. may, at any time, operations (v) shut off or remove any plant, equip- after the declaration. of a state of public emer- ment, apparatus or device or perform gency, direct authorised officers of Government any operation in relation to any plant, agencies to take specified action for the purposes equipment, apparatus or device; of carrying out recovery operations in accordance with the National Disaster Plan. (k) shut off, or cut off, the supply of water or any drainage facility; • (2) An authorised officer may be assisted by volunteers· in carrying out recovery operations under this section and may give such directions to (I) make use c;>fthe voluntary services of a volunteer.as the officer thinks necessary for that any person; purpose. (m) remove to such place, as he or she (3) A recovery operation under this section shall thinks fit, any person who obstructs, or not be carried out on private land unless- threatens to obstruct· response or recovery operations; (a) the owner of the land consents to the operation being carried out on the land; (n) in the case of a major emergency or disaster, give directions to any agency or or person whose responsibilities require , (b) the Executive Director is satisfied that it him or her to engage in response or is not reasonably practicable to seek the recovery operations, or who is so consent of the owner of the land engaged. (because the owner cannot be located or for any other reason) or that the con- sent of the owner is being unreasonably withheld. 86 National Disaster Management Act, 2008 National Disaster Management Act, 2008 87 (4) Where- incurred in having the work done by an (a) the Nation~! Disaster Coordinator is independent contractor engaged for that satisfied that it is necessary or expe- purpose. dient that a particular work be carried out in the course of a recovery operation CHAPTER XI - COMPENSATION .AND OTHER under this section; and FORMS OF RELIEF (b) a person has, apart from this section, a Payment of 97. (1) Whenever the Agency, a Regional Com- compens~ition duty to. carry out the work or a legal mittee or a District Disaster Committee or an liability in respect of carrying out the authorised officer, requisitions any premises, there work, shall be paid to the owner of the premises just and reasonable compensation for use, loss or damage the Executive Director may cause the work to be to the premises which shall be determined by carried out and recover, as a debt from the taking into consideration, • person, the reasonable costs of carrying out the work. (a) the rent payable in respect of the premises, or if no rent is so payable, (5) For the purposes of subsection (4 )- the rent payable for similar premises in the locality; and (a) in the case of an independent con- tractor is engaged for the purpose of (b) if, as a consequence of the requisition carrying out the work, the reasonable of the premises, the person interested costs of carrying out the work shall be is compelled to· change his or her taken to be the actual costs of engaging residence or place ·of business, the the contractor and in any proceedings reasonable expenses (if any) incidental ',, under subsection (4), a certificate appa- to the change. rently signed by the Executive Director certifying the costs of enga-ging the (2) Where- contractor shall, in the absence of proof to the contrary, be accepted as proof of (a) a person interested under subsection the costs so certified; or (1), being aggrieved by the amount of compensation so determined, makes an (b) in any other case, the reasonable costs application to the Agency, within the of carrying out the work shall' be thirty days for referring the m'atter to an assessed by reference to the reasonable arbitrator, the amount of compensation costs that would have been or would be to be paid shall be such as the arbitrator appointed in that behalf by the Agency may determine; and ,... 88 National Disaster Management Act, 2008 National Disaster Management Act, 2008 8 (b) there is any dispute as to the title to (b) immediately before the requisitioning, the receive the compensation or as to the vehicle or vessel was, by virtue of a hire apportionm.ent of the amount of com- purchase agreement or charter agree- pensation, it shall be referred by the ment, in the possession of a person other, Agency to an arbitrator appointed in that than its owner, the amount determined, behalf by the Agency for determination, under subsection (4) or paragraph (a) of and shall be determined in accordance this subsection as the total compensation with the decision of the arbitrator. payable in respect of the requisition, shall be apportioned between that person and (3) The Agency shall pay compensation to a the owner in such manner as they may person whose services, equipment, supplies, agree on, and in default of agreement, in ·materials or other things that are necessary for the such manner as an arbitrator appointed relief of persons have been requisitioned for the by the Agency in that behalf may decide. purposes of disaster management. (6) Compensation for loss or damage arising out of an action taken under or pursuant to this Act (4) Whenever the Agency, a Regional Disaster during a disaster situation shall be payable at a Committee or a District Disaster Committee or an \ reduced amount if the conduct of the person so authorised officer, in pursuance of subsection (1), affected thereby contributed to the loss or requisitions any vehicle or vessel, the owner of the damage. vehicle or vessel shall be paid compensation of such amount as shall be determined by the (7) In this section, "person interested" means the Agency on the basis of the fares or rates prevailing person who was in . actual possession of the in the locality for the hire of the vehicle or the premises requisitioned immediately before the charter of the vessel. requisition, or, where no person was in actual possession, the owner of premises. (5) Where- (a) the owner of a vehicle or vessel under When compen- 98. Compensation is not payable to a person for subsection (4 ), being aggrieved by the sation is not payable ., loss or damage in a disaster situation that may amount of compensation so determined, have been caused by any action taken under or makes an application to the Agency within pursuant to this Act, to the extent that- the prescribed time, for referring the matter to an arbitrator, the amount of (a) an amount for the loss or damage is compensation to be paid shall be su~h as recovered or recoverable by the person the arbitrator appointed in that behalf by • under a policy of insurance; or the to the Agency may determine; and 90 National Disaster Management Act~ 2008 National Disaster Management Act, 2008 91 (b) the loss or damcige would have (5) The applicant also must provide any other happened in any event irrespective •of relevant information reasonably required by the the exercise, or purported exercise, of Executive Director to decide the application. the power. Notice of 101. As soon as practicable after deciding the decision application, the Executive Director shall give the Claims for 99. A person who claims ariy compensation, compensation applicant a written notice stating- • and costs to be remuneration or other costs for any action taken submitted to under this Act or any regulations made under this (a) where the Executive Director decides to the Executive Act shall submit the claim for compensation, Director pay compensation- remuneration or costs to the Executive Director. (i) details of the amount and how the Application and 100: (1) A person who suffers. loss or damage amount was asses$ed, and decision about compensation because of the exercise, or purported exercise of powers under sections 97 may apply to the (ii) that the applicant may appeal against Executive Director for compensation for the loss or the decision, if the amount is less than damage. the amount claimed; (2) The application must be made in writing within (b) where the Executive Director decides thirty days after the person suffers the loss or not to pay compensation- damage. (i) •the reasons for the decision, (3) Notwithstanding subsection (2), th~ Ex~cutive 1 Director may accept a person s apph-cat1on for (ii) . notification that the applicant may compensation made more than thirty days after appeal against the decision. the person suffers the loss or damage if the Executive Director is satisfied it would be Appeal 102. An applicant for the payment of compen- reasonable in all the circumstances to accept the sation under this Chapter who is dissatisfied with application. ., the Executive Director's decision not to pay compensation or about the amount of compen- (4) The application must state - sation may appeal to the High Court. (a) details of the person's loss or damage; Prohibition 103: While providing compensation and relief to against discrimination. the victims of disaster under this Act, there shall (b) the amount of comp~nsation claimed; be no discrimination on the ground of sex, race, and age, community, descent or religion. (c) the grounds for the amount claimed. ~~~~~--=-~~ ..... 92 National Disaster Management Act, 2008 National Disaster Management 'Act, 2008 93 -. . Disability 104. The provisions of any enactment relating to the benefits CHAPTER XII - DISASTER FUNDS disability payment of compensatio·non the death of or injury to officers •in the public service shall, PART 1- NATIONAL DISASTER FUND mutatis mutandis, apply in relation to a volunteer or any other person perfonning any duty under or National 108. ( 1) The Agency shall establish a fund to be pursuant to this Act as though that person were an Disaster Fund. officer in the public service. known as the National Disaster Fund exclusively for the purposes set out in this Chapter. Monetary relief 105. ( 1). The Agency may, at ;lts absolute dis- • to victims of cretion, provide monetary relief,. to victims of a (2) There shall be credited to the National Disaster disasters disaster in order to alleviate the Yictim's pain and Fund- suffering. (a) such amounts which the Government (2) The victim of a disaster may apply in writing to may, after due appropriation made by the Executive . Director for :monetary relief the National Assembly, provide; payments, (b) monies received by the Agency or the Reimbursement 106. The Executive Director shall'reim-burse and Council by way of grants, gifts or dona- and indemn~y- indemnify every volunteer anq other person tions from sources inside or outside The cation Gambia for disaster related matters; employed in a disaster management service for any reasonable expense or liability incurred by the and volunteer or other person as a res.ultof- . (c) such other moneys as may accrue to (a) carrying out any order or performing any it from any other source. disaster management service under or pursuant to this Act; or · Mai"tenance of 109. (1) The Agency shall maintain accounts in accounts which it shall record receipts into, and disburse- (b) making available, for· the purpose of ments from, the National Disaster Fund. disaster management, any equipment, land, building or other property. ' (2) In maintaining the accounts referred to in subsection ( 1), the Agency shall observe the Insurance 107. All policies of insurance against injury or • provisions of the applicable financial instructions policies to cover death of a person, or damage or loss of property, and other laws governing the receipt, control and damage caused by, or occurring during the course of, any disbursement of public funds. disaster; is deemed to extend to·damage or 'loss Administration 110. The Agency shall administer the National arising from measures taken by any person acting of the National in pursuance of an authority conferred by or under I Disaster Fund Disaster Fund subject to the directions of the this Act at the scene of the disaster. Council. 94 National Disaster Management _Act, 2008 -- National Disaster Management 'J\ct, 2008 95 Application of 111. (1) The National Disaster: Fund shall be National (a) relief of persons who suffered injury, Disaster Fund applied for the purpose of preventing, responding to, mitigation of, providing relief in, recovery from loss or damage as a result of that de- and rehabilitation in any threatening disaster clared disaster or proclaimed disaster situation or disaster, in, accordance with the guide- situation; lines laid down under National Disaster pursuant to this Act. (b) assisting communities adversely affec- ted by that declared disaster or (2) Subject to section 112, and without prejudice to proclaimed disaster situation; and subsection ( 1), there shall be paid out of the National Disaster Fund- (c) payment of compensation under this Act. (a) moneys required for the discharge of the liabilities of the Agency -in carrying out (4) If the Council is satisfied that the Agency has disaster management; • made sufficient payment to persons or commu- nities on account of a particular declared disaster, (b) moneys required to defray expenses the Council may, with the approval of the incurred by the Agency' in the exercise Secretary of State responsible for finance, require and .discharge of its disaster manage- the Agency to leave the balance of the money in ment functions; the National _DisasterFund to be applied under subsection (3) for the purpose of responding to (c) moneys required to pay compensation some future declared disaster. under this Act; and (5) The Secretary of State responsible for finance (d) subject to subsection (3), any other may, by a contingencies warrant under his or her expenses as may be approved by the hand, make advances out of the Consolidated Secretary of State responsible for Revenue Fund if he or she is satisfied that there finance. has arisen an urgent and unforeseen need for expenditures for which other provision or no other (3) Subject to this section, no money received for ., sufficient provision exists for the relief of persons the National Disaster Fund in respect of a for the purposes of disaster management. particular declared emergency _or proclaimed National Disas- 112: (1) Money in the National Disaster Fund shall situation may be disbursed otherwise than to, or ter Fund not to I for the purpose of- be used to pay not be used to- administrative costs (a) pay salaries, allowances, per diems, or other forms of remuneration of member of the Council or staff of Agency; or 96 National Disaster Management Act, 2008 National Disaster Management Act, 2008 97 (b) purchase air tickets; (3) Any overpayment refunded under this section (c) defray the . administrative costs and shall be paid into the National Disaster Fund within expenses of administering the National three working days of its receipt. Disaster Fund or for the. daily adminis- trative expenses of the Council or Agency. Donations 114. (1) All donations in money or in any other form which are made either from within or outside The Gambia to assist in recovery from disaster or (2) There shall be no virement from the National for other disaster-related needs shall be utilised for Disaster Fund to other accounts or uses, except the purposes for which they have been donated as provided for in this Act. only, but where no conditions are attached, shall be used for the purposes of implementing disaster Overpayment 113. ( 1) Where the Executive Director is of the management programmes. from National Disaster Fund opinion that a person who suffered injury, loss or damage as a result of a declared disaster has (2) A donation paid in monetary form into the been overcompensated for that injury, loss or National Disaster Fund or made to the Agency for damage by reason of being paid- the purpose of disaster relief shall not be diverted for any other purpose without the authority of the. (a) money from the National Disaster Fund; Council and the specific agreement of the donor,., ··- ..·-· --··· or persons, agency or country· that . made the., donation.. (b) damages or compensation from another source, (3) A donation shaH be taken on charge and accounted for in accordance with applicable laws he or she may, by notice in writing given per- and regulations governing the receipt, issue and sonally or by registered post to the person, require control of public monies, stores, equipment, plants, that person to pay to the National Disaster Fund vehicles, machinery, buildings and related matters. the amount of the overcompensation as deter- mined by the Executive Director and specified in Exemption from 115. The monies received into the National taxation the notice. " Disaster Fund shall be exempt from all forms of taxation. (2) A person who is given a.• notice under subsection (1) is liable to pay to the Agency, as a PA~T II - REGIONAL AND DISTRICT DISASTER debt due to the Government, the amount specified FUNDS in the notice within the time specified in the notice, Establishment 116. (1) A Regional Disaster Committee shall being a period of not less than thirty days from the of Regional and day on which the notice is given. District Disaster establish for the purposes of this Act a fund to be Funds called the Regional Disaster Fund for its Region. .. ~~-- . . --=---------=~ -:; -,c_-- --=- ~ .-~. ------;:--=-~ 98 National Disaster Management •Ac~, 2008 National Disaster Management Act, 2008 99 (2) A· District Disaster Committee shall establish (2) In maintaining the accounts referred to in for the purposes of thi~ Act a fund to be called the subsection (1), the Regional Disaster Committee District Disaster Fund for the District. and District Disaster Committee shall observe the provisions of the applicable financial instructions (3) The Regional Disaster Fund and District and other laws governing the receipt, control and Disaster Fund shall each consist of- disbursement of public funds. {a) . moneys received by way of grants, Administration 118. The Regional Disaster Committee and District gifts or donations from sources inside Disaster Committee, as the case may be, shall or outside The Gambia for disaster administer the Regional Disaster Fund and District Disaster Fund, subject to the directions of the related matters; and Council. (b) _ such moneys as may accrue to them Application of 119. (1) The Regional Disaster Fund and District Regional Disas- from any other source. ter Funds and Disaster Fund shall be applied for the purpose of District Disaster preventing, responding to mitigation of, providing (4) All donations in money or in. any other form Funds relief in, recovery from and rehabilitation in any which are made either from within or outside The threatening disaster situation or disaster, in Gambia to assist in recovery from disaster or for accordance with the guidelines laid down under other disaster-related needs within the Region or this Act. District, as the case may be, shall be utilised for the purposes for which they have been donated (2) Subject to section 120 of this Act, and without only, but where no conditions are attached, prejudice to subsectiOn ( 1), there shall be paid out donations shall be used for the purposes of of the Regional Disaster Fund and District Disaster • implementing disaster management programmes. Fund- (5) Donations shall not be diverted for any other (a) moneys required for the discharge of the purpose without the authority of the donor per~ liabilities of the Regional Disaster Com- sons, agencies or Government. mittee and District Disaster Committee in carrying out disaster management; Maintenance of 117. (1) The Regional Disaster Committee and , (b) moneys required to defray expenses accounts District Disaster Committee shall maintain accounts incurred by the Regional Disaster Com- in which it shall record receipts into, , and mittee and District Disaster Committee in disbursement from, the Regional Disaster Fund and the exercise and discharge of its disaster District Disaster Fund. management functions; and 100 National Disaster Management Act, 2008 National Disaster Management _Act1 2008 10 1 (c) subject to subsection (3), any other (a) pay salaries, allowances, per diems, expenses as may be approved by the --. or other forms of remuneration of staff Secretary of State responsible for of any district committee, or . finance. (b) purchase air tickets; (3) Subject to this section, no money received for a (c) defray the administrative costs and Regional Disaster Fund or District Disaster Fund in expenses of administering the fund or respect of a particular declared emergency or for the daily administrative expenses proclaimed situation may be disbursed otherwise of the Regional Disaster Fund or than to, or for the purpose of- District Disaster Fund as the case may be. (a) relief of persons who suffered injury, loss or damage as a result of that declared (2) There shall .be no •virement from·the respective disaster or proclaimed disaster situation; Regional Disaster Fund or District Disaster Fund or to other accounts or uses, except as provided for in this Act. (b) assisting communities 'adversely affec- ted by that declared disaster or pro- claimed disaster situation; and Exemption from 121. The monies received into a Regional Disaster taxation Fund or District Disaster F_undshall be exempt (c) payment of compensation under this Act. from all forrns of taxation. (4) If the Regional Disaster Committee or District CHAPTER XIII - OFFENCES· AND PENALTIES Disaster Committee is satisfied that it has made sufficient payment to persons or communities on Punishment for 122. (1) A person who, without reasonable cause- obstruction, etc. account of a particular declared disaster, it may, with the approval of the Secretary of State (a) obstructs assaults, threatens or abuses responsible for finance, leave the balance of the any officer or employee of the Govern- money in the Regional or District Disaster Fund to ment, the Agency, a Regional Disaster be applied under this section for the purpose of Committee, District Disaster Com- respondingto some future declared disaster. mittee, Village Disaster Committee, or . I any other person exercising powers or Regional and 120. (1) No money in a Regional Disaster Fund or functions under this Act in the District Disaster Funds not to be District Disaster Fund may be used to - discharge of the officer's or employee's used to pay functions under this Act; or administrative costs - . - ~-- - ....._........ . I 102 National Disaster Management Act, 2008 • National Disaster Management Act? 2008 103 (b) refuses to comply with: ..any lawful . . direction given by or on behalf of the (2) A person who commits an offence under sub- Government, or by a person authorised section (1) is liable on conviction to a fine by the Government, Agency, a Regio- equivalent to treble • the amount received or nal Disaster Committee, District Disas- attempted to be claimed or one hundred thousand ter Committee or Village Disaster Com- ?ala~is, whichever of the amounts is greater, or mittee, in that behalf, imprisonment for a term not exceeding two years, or to both the fine and imprisonment. commits an offence. Punishment for misappropria-

124. (1) Notwithstanding the Criminal Code, a (2) A person who commits an offence under tion of money or perso~ who, being entrusted with any money or subsection (1) is liable on conviction to a fine of materials, etc. mat~rr_al,or otherwise being, in custody•· of, or not less than twenty thousand dalasis and not dominion over, any money or material, meant for more than one hundred •thousand. dalasis or providing relief in any threatening disaster situation imprisonment for ·a term of two years, or to both or disaster- ~ the fine and imprisonment. ~-- ••• (a) misappropriates, or appropriates- (3) If the obstruction or refusal 'to comply with directions results in loss or imminent d~mger to a (i) for his or her own person use, or person's life or property, the punishment set out in subsection (2) shall be increased to a fine of not (ii) for ·the use of any other who is not the less than one hundred thousand dalasis and not victims of threatening disaster situation more than five hundred thousand· dalasis or or disaster, or imprisonment for a term not exceeding five years, or to both the fine and imprisonment. (b) disposes of the money or material or any ,, part of it or wilfully compels any other Punishment for 123. (1) A person who knowingly makes a claim person to do so, false compen- sation claim which he or she knows or has reason to believe to be false or misleading or otherwise attempt to commits an offence. mislead, in an application for compensation or for . obtaining any relief, assistance, repair, recon- (2) A person who commits an offence under struction or other benefits consequent to a disaster sub~ection (1) is liable on conviction to a fine from any officer of the Government, the Agency, a equivalent to treble the amount misappropriated Regional Disaster Committee, District Disaster appropriated or disposed, as the case may be, 0; Committee or Village Disaster •Committee,· one hundred thousand dalasis, whichever of the commits an offence. amounts is greater, or imprisonment for a term not ~xc~eding to two years, or to the both fine and Imprrsonment. 104 National Disaster Management- Act, 2008 National Disaster Management Act, 2008 105 Punishment for 125. A person who, without lawful authority, makes the head of Gov~rnment agency, the officer Is false warning deemed to have committed that offence and is or circulates a false .alarm or warning· as to a threatening disaster situation or disaster or its liable to be proceeded against and· punished severity or magnitude, leading to panic, commits accordingly. an offence and i_sliable on conviction, to a fine not Offences by 128. (1) Where an offence under this Act has been exceeding five hundred thousand ·dalasis or body corporate committed by a body corporate, every person who imprisonment for a term not exceeding~five years, at the time the offence was committed, was in or to both the fine and imprisonment. charge of, and was responsible for, the body corporate, for the conduct of the business of the Failure of officer 126. An officer, on whom any duti has been in contravention body corporate, as well as the body corporate, is imposed by or under this Act, who, yvithout the of this Act deemed to have committed the offence and is express written permission of his or ..her official liable to the same penalty as may be imposed for superior or has other lawful excuse for so doing, the offence when committed by a natural person ceases or refuses to perform or withdrl:;I.WS himself and to be proceeded against and punished or herself from the duties of his or •her office accordingly. . • ' ' commits an offence and is liable on conviction to a fine of twenty thousand dalasis or imprisonment for a term not exceeding one year, or to.both the (2) Nothing in subsection ( 1) renders a person fine and imprisonment. liable to any punishment provided in th.is Act, if he or she proves that the offence was committed Offences by 127. ( 1) Where an offence under this Act has been without his or her knowledge or that he or she Government committed by a Government agency, tbe head of exercised due diligence to prevent the commission agencies of the ·offence or proves that he or she could not that Government agency, is deemed to have committed the offence and is liaole to be by the exercise of reasonabl·e diligence, hav~ proceeded against and ·punished ~ccordingly prevented the commission of the offence by the unless he or she proves that the offence was body corporate. committed without his or her knowledge or that he or she exercised all due diligence to prevent the (3) Notwithstanding anything contained in sub- commission of the offence. • , section ( 1), where an offence under this Act has been committed by a body corporate, and it is (2) Notwithstanding anything contained in sub- prov:ed that the offence was committed with the section (1), where an offence under this• Act has con~ent or connivance of or is attributable to any been committed by a Government agen:byand it is neglect on the part of any manager, secretary or proved that the offence has been committed, with . other officer of the body corporate, he or she is the consent or connivance of, or is attributable to deemed to have committed the offence and is any neglect on the part of, any officer, :other than liable to be proceeded against and punished accordingly. 106 National Disaster Management Act, 2008 _______ N-:-at_io_n,:.::.a;:_l D=-:.:is=as:.:te::r...:M.:.:::::::an~a'.:.eg~em~e~n~t__:A~c~ L.::2~00~8~-----~I 1 07 (4) A person may be prosecuted and convicted of (3) A per~on who contravenes subsections (1) or an offence under this section whether or not the (2) commits an offence and is liable on conviction body corporate has been prosecuted or convicted to a fine of not less than five thousand dalasis or of the offence committed by the body corporate. imprisonment for a • term not exceeding three months, or to both the fine and imprisonment. (5) For the purpose of this section -

131. (1) A person shall not knowingly obstruct (a) "body corporate" means a company hinder or in anyway interfere with, a person enga~ and includes a firm or other asso- ging in any activity as a disaster worker in the ciation of individuals; and carrying out of disaster operations. (b) "manager", has the meaning given to it (2) A. person who contravenes subsection ( 1) Cap 95:01 in the Companies Act, but in relation commits an offence and is liable on conviction to a to a firm, means a partner in the firm. fine not exceeding fifty thousand dalasis imprison- ment for a term not exceeding two years or to both Consent for 129. A prosecution for offences punishable under the fine and imprisonment. prosecution sections 126 and 127 shall not be instituted except with the consent of the Attorney-General. 11,rnee and 11,r, lty 132. A person who, without lawful excuse, fails to comply with an order or instruction given under this Impersonating 130. ( 1) It is an offence for a person to falsely Act commits an offence and is liable on conviction to an authorised officer, etc represent that he or she is an authorised officer or a fine not exceeding fifty thousand dalasis or other person with responsibilities under this Act. imprisonment for a period not exceeding two years, or both the fine and imprisonment. (2) It is an offence for a person, without lawful authority to - 111nlbus 1111 tty

133. A person who commits an offence under this 11111vlsions Act for which no penalty is prescribed is liable on (a) wear any insignia or special apparel conviction to a fine not exceeding fifty thousand issued to an authorised officer for the dalasis or imprisonment for a period not exceeding purposes of this Act; or two years, or to both the fine and imprisonment. (b) use any special equipment issued to CHAPTER XIV - MISCELLANEOUS an authorised officer for the purposes 1111unity from of this Act, Ill 134'. (1) No suit, prosecution, proceeding, claim or set-off shall operate or lie in any court, against- in circumstances where to do so would lead to a reasonable belief that he or she is an authorised (a) the Government; officer. 108 National Disaster Management Act, 2008 National Disaster Management Act, 2008 10 (b) a member of the Council; (2) No action shall be brought against a volunteer, for anything done in good faith in the exercise of (c) the Executive Director; any power or duty conferred under this Act. Act to have (d) an official of the Agency; overriding effect

135. Subject to the provisions of this Act, this Act has effect, notwithstanding anything inconsistent (e) a member of a Regional Disaster with it contained in any other law for the time being Committee; in force or in any instrument having effect by virtue of any law other than this Act. (f) a member of a District Disaster Com- mittee; . This Act does 136. This Act does not limit the operation of any not limit other (g) a member of a Village Disaster Com- •• Acts and laws other Act or law, except as expressly provided by mittee; this Act. (h) a Regional Disaster Coordinator; Regulations 137. The Vice-President, on the advice of the Council, may make regulations consistent with this (i) a District Disaster Coordinator; or Act for or with respect to all matters which are- U) the Village Disaster Coordinator; or (a) required to give effect to the purposes of . this Act; (k) any officer or employee working for or behalf of the bodies and persons listed (b) required or permitted by this Act; or in paragraphs (a) to U), (c) necessary or convenient for the proper in their official capacity, to recover compensation administration of this Act, or for carrying for any damage, loss, death or injury to any out or giving effect to this Act. •person or to property occasioned by the person in the exercise or discharge, or purported exercise or Amendmentof 138. (1) Section 40 (1), (2) and (3) of the Na- section 40 of No. 1 discharge in good faith of powers, duties, 13 of 1994 tional Environmental Management Act, 1994 are obligations, done or intended to be done or an hereby deleted. omission to exercise any such power or perform any such duty under this Act, rules, regulations or (2) Notwithstanding anything contained in sub- Notice of evacuation made under this Act, unless section (1), all regulations, orders, notices and the act or omission in question was unreasonable directives made or given under subsections (1), (2) or negligent or was done in bad faith or arises and (3) of section 40 of the National Environmental from wilful misconduct. Management Act, 1994, and .in force at the time of '110 National Disaster Management Act~ 2008 • · the cominginto operationof this Act are deemed to have been made or given under this Act, and shall continuein force until other provisionsare madebyvirtueof thisAct. PASSED in the National Assembly this Twenty-Second day of October the yearof Our LordTwo Thousand and Eigh~ M. A. Sise Ag. Clerk of the National Assembly. T.HIS PRINTED IMPRESSION has been carefully compared by me with the Bil which has passed in the National Assembly, and fo~e to be a true and corre copy of the said Bill. J M.A. Sise Ag. Clerk of the National Assembly. Printed by The Gaml;lia Printing &Publishing Coporation Kanifing 0178 / 10 / 2008 / 100c