Disaster Risk Management Act, 2015 (No. 1 of 2015)

JAMAICA No . .i - 2015 I assent, [L.S.] Governor-General J'l/15 ~I .2oIC AN ACT to Repeal the Disaster Preparedness and Emergency Management Act and to make new provisions for the management and mitigation of disaster, the reduction of risks associated with disaster; and for connected matters. The date nOlificd by the Miruster [ brioting the Act into operation ] BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives ofJamaica, and by the authority of the same, as follows: PART I. Preliminary 1. This Act may be cited as the Disaster Risk Management Act, Short title 2015, and shall come into operation on a day to be appointed by the and commence Minister by notice published in the Gazette. ment. 2 [No. ] The Disaster Risk Management Act, 2015 Interpretation. 2. In this Act, unless the context otherwise requires "appointed day" means the day appointed under section 1 forthe coming into operation of this Act; "authorized officer" means (a) amemberof (i) any Police Force; (il) the Jamaica Defence Force; (m) the Jamaica Fire Brigade; (b) a public health officer; (c) a Medical Officer and a Medical Officer (Health) under the Public Health Act; (d) a nurse registered under the Nurses and Midwives Act; (e) a veterinary surgeon registered under the Veterinary Act; (f) a member of staff of the Office; (g) any person so designated in writing by the Director-General; (h) the City Engineer in the Council of the Kingston and St. Andrew Corporation, the SUperintendent of Parochial Roads and Works in each Parish Council and the officer in any Municipal Council, known as the Municipal Engineer, who carries the duties equivalent to that of the Superintendent of Parochial RoadS and Works; and (i) the ChiefExecutive Officer of the National Works Agency; "Board" means the board of management of the Office; "broadcaster" means the operator of a commercial or non commercial broadcasting service or a subscriber television The Disaster lWk Management Act, 2015 [No. 1 3 service or a holder of a cOmmercial or a non-commercial broadcasting service licence or any person acting in their behalf, "Chairman" means the chairman of the Board; ''Council'' means the National Disaster Risk Management Council established under section 16; "declared area" means an area declared by an order under section 26 to be a diSt:lSter area or a threatened area, as the case maybe; "Director-General" means the Director-General of the Office, ~pointed under section 7; , "disaster" means the occurrence or threat of occurrence of an t. vent or other calamity, whether caused by an act of God or otheIWise, which (a) results or threatens to result in loss or damage to property, damage to the environment or death, ill health or injury to persons on a scale which requires emergency intervention by the state; and (b) may result from fire, accident, an act of terrorism, storm, hurricane, pollution, disease, earthquake, drought, flood, the widespread dislocation of the essential services, or other calamity; "disaster committee" means (a) with respect to the Corporate Area of the parishes of Kingston and St. Andrew or any other parish, a Parish Disaster Committee constituted in accordance with section 19 or any other parish; (b) with respect to a Municipality, a Municipal Disaster Committee constituted in accordancewith section 21; (c) with respect to a community, a Zonal Disaster Committee constituted in accordance with section 22; 4 [No. ] The Disaster Risk Management Act, 2015 "disaster preparedness" includes any activity undertaken in anticipation of a disaster, hazard or emergency situation in order to reduce any negative impact; ''ftmctions'' includes powers and duties; "Fund" means the National Disaster Fund established under section 37; "hazard" means a natural or man-made phenomenon, which is likely to cause physical damage, economic loss, or threaten life, well-being or property; "listed premises" means premises listed under section 25; "local authority" means (a) the Council of the Kingston and St. Andrew Corporation; (b) any Parish Council; (c) a Municipal Council of a Municipality; "Medical Officer" means any medical practitioner in the employment of the Government or of any Local Board established under the Public Health Act; "Medical Officer (Health)" means any medical practitioner appointed by the Governor-General to be a Medical Officer (Health) and shall include the Chief Medical Officer and any Medical Officer designated to be a Medical Officer (Health) for the purposes of this Act; "Municipality" means a Municipality established under section 3 of the Municipalities Act and ''municipal'' shall be construed accoIdingly; ''National Alert Tone" means the National Alert Tone established under section 33; "National Alert System" means the National Alert System established under section 33(1); The Disaster Risk Management Act, 2015 [No.] 5 "National Disaster Risk Management Plan" means the National Disaster Risk Management Plan specified in section 5(2); ''National Emergency Operations Centre" means the National Emergency Operations Centre established under ~tion 24; ''National Headquarters" means the headquarters of the Office; ''Office'' means the Office ofDisaster Preparedness and Emergency Management established under section 3; ''Parish Headquarters" means the headquarters of a Parish Disaster CQrnmittee refelTed to in section 19; "Police Force" means (a) the Jamaica Constabulary Force; (b) the Island Special Constabulary Force; (c) the Rural Police (district constables); ''public body" means , (a) aMinistry, Department or agency ofGovemment; (b) a local authority; (c) a statutory body; (d) a company registered under the Compani~s Act, being a company wholly owned by the Government or an agency of Government or in which the Government or an agency of Govemmentholds more than fifty per cent of the shares; ''public officer" means a person who is employed to a public body; "publicly owned vehicle" means a vehicle owned by the GovemmentofJamaicaor a public body but does not include any vehicle owned by or under the control of the Jamaica Constabulary Force, the Jamaica Defence Force or the Correctional Services; 6 [No. ] The Disaster Risk Management Act, 2015 "security force" means any Police Force or the Jamaica Defence Force; "shelter manager" means a shelter manager referred to in section 25; "shelter officer" means a shelter officer referred to in section 25; "statutory body" means any board, authority, ~orporation, commission, committee, council, trust or other like body established by or under an enactment to carry out public functions. PART Il Administration Establishment 3.--{l) There is hereby established for the purposes of this Act, a ~o~: and body to be called the Office of Disaster Preparedness and Emergency Management. Management which shall be a body corporate to which the provisions First Schedule. Principal objects of Office. Functions of Office. of section 28 of the Interpretation Act shall apply. (2) There shall be a Board of Management of the Office and the provisions of the First Schedule shall have effect as to the constitu tion of the Board and otherwise in relation thereto. 4. The principal objects of the Office shall be to (a) ,advance disaster preparedness and emergency management measures in Jamaica by facilitating and coordinating the development and implementation of integrated disaster management systems; and (b) institute measures as may benecesSaIyformitigating~. S.--{l) The functions of the Office shall be to cany out such activities as may be necessary to give effect to the objects specified in section 4 and, without prejudice to the generality of the foregoing, such functions shall include (a) developing and implementing policies and programmes to achieve and maintain an appropriate state of national and sectoral preparedness for coping with all emergency situations which may affect Jamaica; The Disaster Risle Management Act. 2015 [No.] 7 (b) encouraging and supporting disaster preparedness and mitigationmeasures in all parishes in collaboration with local authorities, community-based organizations and non governmental organizations respectively; (c) providing appropri~ training programmes and consulting services related to all aspec~ of disaster preparedness, disaster mitigation, loss reduction, disaster assessment and disaster management; (d) planning and implementing programmes to enhance public awareness and understanding of disaster related issues, emergency management, hazard mitigation and other similar matters; (e) identifying and analyzing hazards oremergency situations and conducting related operational research into their effects; (f) ensuring tbat agencies and organizations with fi.mctions under the National Disaster Risk Management Plan are made aware of those functions and are provided with adequate information for the purpose of understanding and carrying out those functions; (g) monitoring the capacity of such agencies and organizations to properly carry out those functions; (h) coordinating the development and implementation of strategies and policies relating to disaster management (including strategies and policies developed at the national level); (i) establishing. maintaining andmanagingmutual assistance and cooperation agreements andanangements witho~ons within and outside of Jamaica. (2) It shall also be the duty oftlte Office to (a) advise the Minister on issUes relating to disaster management, including disaster mitigation, disaster preparedness, warning systems and emergency management; 8 [No. ] The Disaster Risk Management Act, 2015 (b) prepare guidelines for disaster preparedness, relief and response; (c) initiate, coordinate, inspect, evaluate and support (i) the development of a National Disaster Risk Management Plan as the docwnentthat articulates the overall framework for disaster risk management in Jamaica, and details the processes and actions critical for effective identification, assessment, transfer, reduction, prevention and mitigation ofrisk; (n) the development and testing of emergency response plans by appropriate agencies including the emergency services, the security forces, the private sector, non- governmental and voluntary agencies; and (m) contingency plans related to specific hazards; (d) identify any emergency contingencies that are within orrelated to the area of responsibility of each public body, and develop with that public body, a plan for mitigating or responding to that emergency; (e) conduct public education programmes in disaster mitigation, preparedness and emergency management and seek to secure public co-operation and participation in achieving planned objectives; (f) encourage (I) measures for mitigating the effect ofhazards and reducing losses from disaster; and (n) the development of comprehensive disaster prevention and preparedness programmes and capabilities; (g) approve disaster management plans. (3) For the purpose of discharging its functions under this Act, the Office may, subject to the provisions of this Act, do such things and The Disaster Risk Management Act, 201 j [No.] 9 enter in~ such transactions, which in the opinion of the Office are nec essary or expedient to ensure the proper perfonnance of its functions. 6.--{ 1) The Minister may, after consultation with the Chainnan, give to the Office such directions of a general character as to the policy to be followed by the Office in the discharge ofits functions as appear to the Minister to be necessary in the public interest. (2) The Office shall furnish to the Minister such infonnation as he may require with respect to the activities of the Office. 7.-{1) The Minister shall appoint a Director-General for the Office. Power of the Minister to issue general directions on matters of policy. Appointment of Director (2) The Director-General shall be in charge of the day-to-day General and management and operati· ons of the Office. other officers. (3) The Director-General shall report directly to the Board. (4) The Board may appoint and employ at such remuneration and on such tenns and conditions as it thinks fit, such officers, other employees and agents as it deems necessary for the proper carrying out of the provisions of this Act; however, no salary in excess of the prescribed rate shall be assigned to any post without the prior approval of the Minister responsible for the public service. (5) For the purposes of subsection (4), the "prescribed rate" means such rate as the Minister responsible for the public service may prescribe by order. 8.-(1) The Director-General shall be responsible for coordinating (a) the general policy of the Govenunentrelatingto the mitigation of, preparedness for, response to and recovery from, emergency situations and disasters in Jamaica; (b) efforts of the Government to mitigate, respond to and recover from emergency situations and disasters. (2) Without prejudice to the generality of subsection (1), the Director-General shall (a) review and appraise the programmes and activities of the Government for the purpose of determining the extent to Functions of Director General. 10 [No. ] The Disaster Risk Management Act. 2015 which such programmes and activities are appropriate for achieving the objects ofthisAct and make recommendations to the Minister with respect thereto; (b) develop and recommend to the Minister, national policies to foster and promote the mitigation of, preparedness for, response to and recovery from, emergency situations and disasters in each parish; (c) gather timely and authoritative information concerning the condition and trends in the quality of the natural and physical environment, as they relate to the likelihood of disasters in each parish; (d) analyze and interpret the information gathered under paragraph (c) for the purpose of formulating appropriate responses in accordance with this Act; (e) prepare and review periodically disaster risk assessment maps of each parish; (f) conduct programmes of public information and education on the mitigation of, preparedness for, response to and recovery from, emergency situations and disasters; (g) liaise with each local authority and with persons and organizations in each parish and Municipality forthe pwpose of exchanging infonnationand facilitating the hannonization of the policies of such persons, organizations and local authorities with those of the Government relating to the prevention and mitigation of: preparedness for, response to and recovery from emergency situations and disasters in that parish or Municipality; and (h) collaborate with each local authority in monitoring the extent of compliance with the provisions of this Act and of any regUlations made hereunder and the activities carried out in order to mitigate the effects of a disaster. The Disaster Risk Management Act, 2015 [No.] 11 9.-{1) The Director General, in exercising his fimctions under this Exercise of Act, shall have regard to and aive effect to decisions of the Council. functions of C" Director (2) Subject to subsection (3), where a disaster has occurred, General. the Director-General may (a) require public officers to respond and assist as directed by the Office; and (b) requisition vehicles, plant and equipment owned byanypublic body, and determine their use and deployment (3) The powers of the Director-General under subsection (I) in relation to members of and assets of any of the security forces or the Jamaica Fire Brigade shall be exercised in consultation with the head of the particular force or the Brigade, as the case may be. (4) The Director-General shall, as the need arises, report to the Minister on (a) the exercise of the functions conferred upon him under this Act; and (b) any other matter requested by the Minister as infonnation which the Minister considers necessmy. 10. The Office may (a) enter into arrangements respecting schemes, whether byway of insurance policies or not; and (b) make regulations! for medical benefits, pension, gratuities and other retiring or disability or death benefits, relating to employees of the Office, and such arrangements or regulations may include provisions for the grant of benefits to the dependants and the legal personal representatives of such employees. Office may enter schemes and insurance policies. U.-{l) The funds and resources of the Office shall consist of- Funds. (a) such sums as may from time to time be placed at its disposal by Parliament; and 12 [No. ] The Disaster Risk Management Act, 2015 (b) any other monies and other property which may in any manner become payable or be vested in the Office in respect of any matter incidental to its functions. (2) The expenses of the Office (including remuneration of the members of staff thereof) shall be paid out of the funds and resources of the Office. Accounts and 12.-{1) The Office shall keep accOlmts and other records in relation audit. to its business, and shall prepare annually a statement of accounts in a form that conforms with established accounting standards. Report on Office and statement of accounts. (2) The accounts of the Office shall be audited annually by an auditor appointed by the Board and approved by the Minister. (3) The auditor's fees and expenses of the audit shall be paid by the Office. (4) The Auditor-General may, at any time examine and report on the accounts of the Office. (5) The Office shall, before a date specified by the Minister, not being later than thirty days before the date specified in subsection (6), submit to the Minister for his approval, proposed estimates of rev enue and expenditure for the ensuing financial year. (6) The latter date referred to in subsection (5) is the date specified in section 7(1) of the Public Bodies Management and Accountability Act for delivery to the Minister responsible for finance and the Minister of a draft corporate plan for the Office. 13.-{1) The Office shall, within three months after the end of each financial year or within such longer period as the Ministermay in special circumstances allow, cause to be made, and transmitted to the Minister a report dealing generally with the activities of the Office during that financial year together with the statement of accounts in respect of that year. (2) Every report prepared under subsection (1) shall include for review by the Minister, a draft Disaster Management Policy Review relating to the mitigation of, preparedness for, response to and recov ery from, emergency situations and disasters in Jamaica. The Disaster Risk Man'!gement Act, 2015 [No.] 13 (3) The Minister shall after approving the draft Disaster Man agementPolicy Review, with or without amendment, cause copies of the report together with copies of the statement of accounts in respect of that year and the auditor's report thereon to be laid on the table of the House of Representatives. (4) The Director-General shall, after the report has been tabled, cause the approved Disaster Management Policy Review to be pub lished in the Gazette, on the website of the Office and in such other manner as the Office may determine. 14. No customs duty or other similar impost, or tax under the General Consumption Tax Act, shall be payable upon any article which is imported into Jamaica, or taken out of bond in Jamaica, by the Office and shown to the satisfaction of the Commissioner of Customs to be required for the use of the Office in the perfonnance of its functions under this Act. 15.--{ 1) The income of the Office shall be exempt from income tax. (2) The Office shall be exempt from stamp duty on all instru ments executed by it or on its behalf. (3) There shall be exempt from taxation under the Transfer Tax Act any transfer by the Office of property belonging to it or of any right or interest created in, over or otherwise with respect to any such property. PART III National Disaster Risk Management Council, National Disaster Response Coordination Plan, Parish Disaster Committees and Zonal Committees Customs duty, general consumption tax, exemption. Income tax stamp duty, transfer tax, exemption. 16.--{1) There shall be established for the purposes of this Act a Establishment National Disaster Risk Management Council. of National Disaster Risk (2) The provisions of the Second Schedule shall have effect as ~oa;:~~.ment to the constitution, functions and procedures of the Council and the Second tenure of office of members of the Council. Schedule. 14 National Disaster Response Coordination Plan. [No. ] The Disaster Risk Management Act, 2015 17 .--{l) The Director-General shall prepare or cause to be prepared at regular intervals not exceeding five years, a draft National Disaster Response Coordination Plan, comprising the statement of the arrangements for a coordinated national response to the threat, event and aftermath of a disaster in Jamaica, whether or not the threat, event or aftermath is such as to require the declaration of a disaster. (2) The draft National Disaster Response Coordination Plan shall include procedures for (a) disaster preparedness and disaster responsiveness o~­ (i) public bodies and public officers; (n) non-govemment organizations, conununity-based organizations and persons or organizations who volunteer in disaster response efforts; and (m) persons or organizations who are required by law to perfonn functions related to the preparedness for and response to disasters; (b) coordinating the Plan and its implementation with the preparation and implementation of disaster response plans by persons and bodies referred to in paragraph (a); (c) informing persons and bodies referred to in paragraph (a) and the public of the existence of an emergency situation or a disaster; (d) preparing and maintaining inventories of services, systems and supplies in preparation for and in response to emergency situations and disasters; (e) mobilizing services and systems for disasters, including (i) the manning of Emergency Operations Centres; (Ii) the protection of the families and property of persons required for the purpose of manning such centres or perfonning other duties for the protection of the public during a disaster or in its aftennath; The Disaster Risk Management Act, 2015 [No.] 15 (f) the protection and, restoration of communications, both nationally andintemationally, dmingadisasterortheaftermath of a disaster; (g) the release, distribution and replenishment of emergency stores of supplies of food, water, clothing and medical supplies in anticipation of or during a threatened disaster or its aftennath; (h) safeguarding against the risks offire, epidemics and pollution from a disaster or in the aftennath; (i) the provision of shelter for persons during a disaster or in the aftermath of a disaster; G) cooperation with international organizations and foreign governments in anticipation of or during a disaster or in the aftenna.th of a disaster; (k) accepting and facilitating the distribution ofvohmteer seIVices and relief supplies in anticipation of or during a disaster or the aftennath of a disaster; (1) the evacuation of the residents of any area where there is a thieat of disaster and it is considered prudent so to do; (m) protecting life and property from the dangers oflooting and riotous behavioutwhere there is threat of, or during or in the aftennath of a disaster; (n) assessing the range and extent of damage in the aftennath of a disaster; and (0) otherwise dealing with mitigation of, recovery from and rehabilitation following disasters. (3) The draft Plan shall also include a comprehensive disaster management strategy for the implementation of the plan. (4) The Director-General shall submit the draft Plan to the Council for its approval. 16 Preparation of guidelines. Establishment and duties of Parish Disaster Committee. Third Schedule. [No. ] The Disaster Risk Management Act, 2015 (5) The Council may review the draft Plan and make recom mendations in relation thereto, which recommendations the Cmmcil shall submit to the Office. (6) The Office shall consider the recommendations of the Cotm cil and make such modifications to the draft Plan as it considers appro priate and shall thereafter submit the draft Plan to the Minister for his approval. (1) Upon approval of the Plan, the Minister shall cause it to be tabled in both Houses of Parliament. (8) The provisions of this section apply to the making of an amendment to a Plan tabled under subsection (7) as they apply to the making of the Plan. 18. The Director·General shall prepare guidelines to inform Government agencies (including .Iocal authorities), and disaster committees, regarding any of the following (a) the preparation of disaster risk management plans; (b) the matters to be included in a disaster risk management plan; (c) othermatters relating to the operation of a disaster committee, that the Director-General considers appropriate having regard to disaster management for Jamaica 19.-(1) There shall be a Parish Disaster Committee for each parish which shall be constituted in accordance with the Third Schedule. (2) The duties of each Parish Disaster Committee shall in elude (a) developing a Parish Disaster Risk Management Plan, which shall be submitted to the Director-General for approval, and regularly reviewing and assessing that plan; (b) making disaster management and disaster operations in the parish consistent with the national strategic policyftamewoIt for disaster management; The Disaster Risk Management Act, 2015 [No.] 17 (c) providing reports and making recommendations to the Office about matters relating to disaster management and disaster operations in the parish; (d) regularly reviewing and assessing the disaster management plans and activities oflocal groups in the parish; (e) ensuring that any relevant decisions and policies made by the Parish Disaster Committee are connected to and incorporated in disaster management plans and activities of local groups in the parish; (t) ensuring that communities in the parish are made aware of ways of preventing disasters, mitigating the adverse effects of a disaster, and preparing for, responding to, and recovering from a disaster; (g) coordinating the provision of national resources and services provided to support local non-governmental organizations in the parish; (h) identifying resources that may be used for disaster operations in the parish; and (i) inspecting and reporting on an annual basis to the Director General on shelters and the state of disaster prep~dness within the parish. (3) The chainnan of each Parish Disaster Committee shall sub mit bi-annual reports to the Minister about matters relating to disaster management and disaster operations in the parish. (4) In this section "national strategic policy framework for di saster management" refers to the Government-prepared statement of key objectives for disaster risk management, consisting of disaster risk reduction strategies and risk management approaches that seek to build resilience and reduce vulnerability, and guide the development and imple mentation of disaster risk management policy and programmes that align with Government priorities. 18 Duties of local authorities. [No. ] The Disaster Risk Management Act. 2015 20.-( I) Each local authority for a parish shall be responsible for the functions of managing and giving effect to matters within its local jurisdiction relating to the prevention of, mitigation of, preparation for, response to and recovery from disasters. (2) In furtherance of its functions under subsection(I), a local authority (a) shall appoint an officer, who shall be designated as Parish Disaster Coordinator, to carry out the day-to-day execution of the functions conferred on the local authority under this section; and (b) may assign or designate to any of its officers or employees such functions as it considers necessary to effectively assist in its exercise of those functions. (3) Without limiting the generality of the fimctions conferred on a local authority by subsection (I), those functions shall includ~ (a) coordinating the preparation, by the Parish Disaster Committee in consultation with the Office, of a Parish Disaster Risk Management Plan that is consistent with the National Disaster Risk Management Plan; (b) ensuring that the Parish Disaster Risk Management Plan is published as soon as practicable after being approved; (c) ensuring that there are adequate emergency response plans in relation to the parish; (d) monitoring disaster preparedness activities ill the parish; and (e) keeping the Director-General advised of the status of disaster preparedness, and of any adverse or potentially dangerous situation or conditionS in the parish. (4) Subjectto subsection (I)(b), copies of the Parish Disaster Risk Management Plan shall be kept at local authority offices and at the National Headquarters and at police stations, schools, churches and the headquarters of other emergency, essential services, or voluntary organizations in the parish. The Disaster Risk Management Act, 2015 [No.] 19 21. The Minister may establish Municipal Disaster Committees for each Municipality and may by order published in the Gazette specifY the composition, tenns and functions of such Committees which shall be consistent with the principal objects of the Office. 22. Where the Minister has established a Municipal Disaster Committee, it shall be the duty of that committee and the Parish Disaster Committee for the parish in which the Municipality of the Municipality Disaster Committee is eS41blished, to coordinate activities to avoid overlap in functions and other inefficiencies in their operations. 23.--(1) Each Parish Disaster Committee in consultation with the Director-General may establish for each parish such number of Zonal Disaster Committees as it considers fit to address zones of particular vulnerability within the parish. (2) The functions of a Zonal Disaster Committee shall include the duty to (a) provide for public education within the applicable zones regarding disaster preparedness and emergency response; (b) liaise with the relevant Parish Disaster Committee on matters relating to disaster preparedness and emergency response; (c) nominate persons to be trained as shelter managers; (d) prepare a zonal disaster plan to be incorporated into the Parish Disaster Risk Management Plan. PART IV. National Emergency Operations Centre and Shelters 24.--(1) The Director-General shall be responsible for the establishment and maintenance of aN ational Emergency Operations Centre which shall function as the headquarters of the activities to be undertaken by the Director-General, or by any person designated by the Director-General, in response to a disaster. (2) The chairman of each Parish Disaster Committee or Mu nicipal Disaster Committee, as the case may be, shall be responsible Disaster Committees for municipality. Duty of Parish Disaster Committee and Municipality Disaster Committee to coordinate activities. Zonal Disaster Committee. National Emergency Operations Centre and parish emergency operations centres. 20 List of premises for shelter. [No. ] The Disaster Risk Management Act, 2015 for the establishment, maintenance and operation of an emergency op eration centre in the parish or municipality. (3) Each parish emergency operations centre referred to in subsection (2) shall function as the headquarters of the disaster re sponse activities in the relevant parish or municipality. 25.-( 1) The chairman of the Parish Disaster Committee, after consultation with Govenunent agencies, local authorities and members of the private sector, shall establish and maintain a list of premises (in this Act called "listed premises") available for use as shelters prior to or during a disaster or in the aftermath of a disaster and shall submit a copy of the list to the Director-General and promptly notifY the Director General of any changes to the list. (2) The list in subsection (1) shall (a) distinguish between premises occupied by Government agencies or departments and other premises or places occupied by other entities; (b) state the facilities available at each listed premises; (c) indicate the suitability of each listed premises, for use prior to or during a disaster or aftermath of a disaster, as the case maybe; and (d) indicate the periods for, and the conditions under which, the listed premises, would be suitable for use in the instances mentioned in paragraph (c). (3) The chairman of the Parish Disaster Committee shall assign to each listed premises, a shelter manager who shall be responsible for managing the listed premises during any period where the listed premises are being used for the purposes of this Act, and may assign shelter officers to assist any shelter manager and the list referred to in subsection (1) shall state in relation to each listed premises, the manager and officers assigned under this subsection. (4) If the chairman of the Parish Disaster Committee neglects to carry out his functions under this section the Director-General shall take such steps as necessary to ensure the carrying out of those func tions. The Disaster Risk Management Act, 2015 [No.] 21 PART V. Declaration of Disaster Areas 26.--(1) Where the Office reports to the Minister- Prime Minister may (a) the existence of any local condition in any part ofJamaica declare a tending to endanger public safety; or disaster area or a (b) that any part of Jamaica appears to be threatened with or threatened area. affected by a natural or anthropogenic hazard and that measures apart from or in addition to those specifically provided for in this Act, should be taken promptly, the Minister shall give written notice thereof to the Prime Minister. (2) The Prime Minister may by order published in a daily newspaper published and circulating in Jamaica or by other broadcast medi~ (a) declare the whole or any part of Jamaica to be a disaster area or a threatened area and the Order shall be published in the Gazette; (b) direct the enforcement of any measures recommended by the Office or any other measures that the Prime Minister thinks expedient for (i) removing or otherwise guarding against such condition or hazard and the probable consequences thereof; or (n) mitigating, as far as possible, any such condition or hazard; (c) require the whole or any part of a declared area to be evacuated. (3) An order under subsection (2) shall remain in force until the end of the period specified therein. (4) A copy of every order under this section shall forthwith be conspicuously posted at every police station and post office in the area covered by the order and such other parts of Jamaica as the Director General considers appropriate. 22 . -" [No. ] The Disaster Risk Management Act, 2015 (5) Any authorized officer or employee of the Office or any other person so authorized in writing by the Director-General (a) may require compliance with the provisions of any order made or measures instituted under this section; (b) may at all times enter any premises for the pwpose of ensuring compliance with the provisions of any order made or measures instituted under this section; and (c) shall, if so required by the person in charge of the premises, produce to that person the authority for such entry. (6) Where an order is made under subsection (2) and the Director-General is satisfied that it is necessary for the performance of his duties under this Act to dQ so, he may by himself or some other person duly authorized by him in that behalf, after presentation ofiden tification, enter any premises with or without the consent of the owner or occupier and take such action as he may consider necessary in the public interest. (7) The powers under this subsection for entry onto any pre mises may be exercised with or without the consent of the owner of the premises. (8) An order under subsection (2) shall not be made unless the Prime Minister is satisfied (a) that a disaster has occurred, is occurring or is imminent; and (b) that extraordinary measures are required to prevent or minimize (1) loss of life, prejudice to the safety, or harm to the health, of persons; (n) destruction of, or damage to, property; or (m) destruction of, or damage to, any part of the environment. (9) An order under subsection (2) shall take effect from the time it is made, or such later time as is specified in the order. The Disaster Risk Management Act, 2015" [No. ] 23 27.-{1) Where an order has been made under section 26, an authorized officer may, ifhe believes it is necessary in the interest of public safety or public health, and subject to such directions as the Director-General may give, do any of the following in relation to the declared area (a) control the movement of persons, animals or vehicles within, into, out of or around the declared area; (b) give directions to regulate the movement of anyperson, animal or vehicle within, into, out of or around the declared area; (c) direct the evacuation of the area; (d) make arrangements for or otherwise facilitate the evacuation of persons or animals from the declared ar~ or a part of the area where there is an imminent threat to the life or safety of persons or animals; (e) enter any place in the declared area; (f) take into a place in the declared area the equipment, personnel or materials reasonably required by the officer for exercising a power under this subsection; (g) direct persons to leave any particular premises and to move out of the declared area; (h) require an animal or substance to be contained within the declared area; (i) remove or destroy any vegetation, substance or other thing within the declared area where such removal or destruction is necessary in the public interest; G) seal, close off, remove, dismantle, demolish or destroy a vehicle, or a building or other structure, in the declared area where such vehicle, building or structure is likely to cause harm to persons or damage to property or likely to cause loss of life or property; Functions of authorized officer in disaster or threatened disaster. 24 [No. ] The Disaster Risk Mana.gement Act, 2015 (k) use, open, close off or block a facility for drainage; (1) turn off, disconnect or shut down any motor or equipment; (m) open any container, receptacle or other thing, or power up, shut down or dismantle any equipment; (n) build earthworks or temporary structures, or erect barriers; (0) close or, as the case may require, open to traffic any road designated as a toll road, under the Toll Roads Act; (P) in the event of an evacuation, open or operate any toll road or private access to facilitate the evacuation of persons from the area; (q) maintain, restore, or prevent destruction of essential services; and (r) require a person to give the relevant parish disaster coordinator or a designated shelter officer reasonable help to exercise the authorized officer's powers under this subsection. (2) An authorized officer may enter a place in the declared area without a warrant or the consent of the occupier of the place. (3) An authorized officer may exercise a power under this section with such help and using such force, as is reasonable in the circumstances. (4) A direction or requirement may be required to be complied with in such time as may be specified by the authorized officer. (5) An authorized officer, when giving a direction or impos ing a requirement mentioned in subsection (1 )(b), (g), (0) or (r), shall also give a warning that it is an offence under section 52 to fail to comply with the direction or requirement unless the person has a reasonable excuse. The pisaster Risk Management Act, 2015 [No.] 25 PART VI. Obligations of Public Officers and other Persons 28. Every Pennanent Secretary, head of a Government Deparbnent or agency or of any other public body shall (a) ensure that, at all times, there is an officer of the organization, designated as the liaison officer for communication with the Director-General in relation to the organization's procedures for disaster management matters generally; (b) supply to the Director-General annually or otherwise, in such form and by such date as may be required by the Minister, such information as may be requested by the Director-General for the purposes of preparing the Office's annual strategic report; (c) submit annually to the Director-General such information related to disaster preparedness as the Director-General may require in writing; and (d) as required by the Minister, cause to be prepared and submitted to the Director-General a disaster management plan for his organization, which shall be reviewed from time to time. Role of p~blic officers and other persons. 29.-{1) The Director-General shall liaise with suchnon-govemmental Liaison and organizations and private entities as he thinks fit, in relation to the disaster COl. mmks ~icalJh ·on In Wit management procedures of those organizations. non governmental (2) For the purposes of subsection (1), the Director-General organizations. may enter into such arrangements with any organization or entity, as he deems necessmy, requiring the organization or entity to provide such information as may be requested by the Director-General. (3) The Director-General may, by notice in writing, require any non-governmental organization, private entity or the owner of any property where such an organization or entity is located, to submit to the Director-General a disaster management plan for the organization or entity. ' .. 26 Specially vulnerable area. [No. The Disaster Risk Management Act, 2015 PART VII. Specially Vulnerable Areas 30.--{1) Subject to the provisions of this section, the Minister may (a) on the recommendation of the Director-General; and (b) having regard to the report submitted pursuant to subsection (4), by order published in the Gazette and in at least one issue of a daily newspaper published and circulating in Jamaica, designate any area that is specially vulnerable to a hazard as a specially vulnerable area (2) Before making an order under subsection (1), the Minister shall cause a draft of the proposed order to be prepared and published in the Gazette and in at least one newspaper published and circulating in Jamaica (3) The draft order shall delimit any area that the Director General recommends for designation as a specially vulnerable area, and shall after publication under subsection(2) be presented by the Director-General for discussion and comment at a public consultation to which he shall invite such Government institutions, local authorities, non-governmental organizations and private entities as the Director General considers to be relevant. (4) The Director-General shall within eight weeks after con cluding the public consultation, submit a report thereon to the Minister. Preparation 31.--{1) Subject to section 32, the Director-General may, with the ~:e:pecial approval of the Minister, prepare a special area precautionary plan for precautionary the mitigation and prevention of disasters in a designated specially plan. vulnerable area . (2) Subject to subsection (3), every special area precaution ary plan may (a) include strategies, policies and standards for development and for maintenance of stru~tures in the designated specially vulnerable area; and (b) communicate the strategies, policies, standards or areas designated by means of maps and diagrams, as necessary. The Disaster Risk Management Act, 2015 [No.] 27 (3) A special area precautionary plan shall not authorize any development that is not permitted under the Town and Country Planning Act or any other related enactment. (4) Every entity that is subject to the Natural Resources Conservation Authority Act and every local authority shall be guided by a special area precautionary plan in making any decision or granting any approval for development in areas covered by the special area precautionary plan. 32.-{ 1) Before approving a special area precautionary plan, the Minister shall publish a notice and in at least one daily newspaper published and circulating in Jamaica and in such other medium as he may detennine (a) containing a draft of the proposed special area precautionary plan prepared by the Director-General; and (b) inviting the public to submit comments on the draft plan to the Director-General in writing. (2) The Minister shall allow a period of not less than four weeks and not more than eight weeks for the receipt by the Director General of comments under subsection (1). (3) The Director-General shall, from the date of the first pub lication under subsection (1), on written application by any person, permit access to any technical studies used in the preparation of the draft special area precautionary plan. (4) The Director-General shall, after the expiration of the time allowed under subsection (2) for the submission of comments, submit to the Minister a report on the comments received. (5) The Minister may after considering the report, approve the draft special area precautionary plan. (6) The Minister shall cause the approved special area pre cautionary plan to be published in the Gazette and the plan so pub lished shall form part of the Government's official policy on disaster management Draft special area precautionary plan. Submission of comments to Minister. 28 [No. ] The Disaster Risk Management Act, 2015 (7) Notwithstanding the provisions of any enactment, no de velopment shall take place in a specially vulnerable area without prior consultation with the Office. PART VIII. National Alert System National 33.--(1) There shall be established, for the purposes of this Act, a Alert System. National Alert System for Jamaica National Emergency Broadcast System. (2) The National Alert System shall be operated under the supervision of the Director-General and shall consist of anyone or more of the following (a) a National Emergency Broadcast System; (b) a National Siren System; (c) any other system approved by the Director General. (3) The National Alert system shall include the National Alert Tone or any other component approved by the Director General and published throughout Jamaica. (4) In this section "National Alert Tone" means the distinct audible sound whether comprising one or more musical notes approved by the Director-General to be broadcast preceding and following the broadcast of a national emergency announcement. 34.--(1) The National Emergency Broadcast System shall enable the Govemmentto broadcast emergency announcements directly from the National Emergency Operations Centre to the public on such frequency or in such manner as is specified in a memorandum of understanding between the Government and a person who is duly licensed to engage in public broadcasting or radio re-diffusion or telecommunications. (2) The Director-General shall keep an original signed text of all announcements broadcast on the National Emergency Broadcast System and shall, upon application in writing, provide any person with a certified copy of any such original text. The Disaster Risk Management Act, 2015 [No.] 29 (3) The original text or certified copy shall in all legal proceed ings be admissible as evidence of the broadcast. 35.--{l) The National Alert Tone shall be used by a broadcaster, announcer or such other person when requested by the Office. (2) Each news item and public service announcement submit ted by the Office shall be read in its entirety as issued from the National Emergency Operations Centre. (3) Every broadcaster shall ensure that scheduled or desig nated times are made available for dissemination of current infonnation related to disasters. (4) A broadcaster shall take such steps, as may be necessary, to broadcast, immediately upon its receipt by the broadcaster, every news release dispatched by the Office and designated as "URGENT" or "EMERGENCY". (5) Every broadcaster who fails to comply with this section shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate, to a fine not exceeding two hundred thousand dollars. PART IX. National Disaster Fund 36. In this Part unless th~context otherwise requires"Minister" means the Minister responsible for finance. 37.--{l) There is hereby established a fund to be known as the National Disaster Fund which shall comprise (a) such monies as may be appropriated annually by Parliament for that purpose; (b) an amount equivalentto one per cent or such other prescribed percentage of the sum paid annually to each local authority as building fees; (c) such donations and grants as may be made by persons and organizations approved by the Minister; and Duties of broadcasters. Interpretation of Part. National Disaster Fund and Fund Committee. 30 Fourth Schedule. Use of Fund. Administration of Capitalise fund. [No. ] The Disaster Risk Management Act, 2015 (d) such other monies as the Council may raise through activities organized by or on behalf of the Council. (2) In subsection (1)(b) "prescribed percentage" means such percentage as the Minister, after consultation with the Minister respon sible for local government may by order prescribe. (3) Each local authority shall cause each amount specified in subsection (1)(b) to be transferred for payment into the Fund on such date or dates as the Minister responsible for local government may by order prescribe. (4) There shall be established for the purposes of this Act a committee (hereinafter referred to as the "Fund Committee") which shall be responsible, subject to the provisions of this Act, for the policy and general administration of the Fund. (5) The provisions of the Fourth Schedule shall have effect as to the constitution of the Fund Committee and otherwise in relation thereto. 38. The assets of the Fund shall be applied towards the mitigation of disasters, the adoption and promotion of preventive and preparedness measures and the recovery or relief efforts, in relation to the occurrence of a disaster in Jamaica 39. In the administration of the Fund, the Fund Committee acting in consultation with the Office, shall be responsible for (a) determining the criteria to be applied in fimding projects and programmes in relation to the mitigation of, prevention of, preparedness for, response to and recovery from emergencies and disasters; (b) detennining in consultation with the Minister responsible for social security, the criteria to be applied in providing financial assistance to persons for their relief and recovery from a disaster; (c) the keeping of proper books of account and other records; and The Disaster Risk Management Act, 2015 [No.] 31 (d) the preparation and submission of reports to the Minister relating to the administration of the FWld. 40. No money shall be withdrawn from the FWld unless authorized by the Financial Secretary, after consultation with the FWld Committee. 41.-{1) All monies credited to the FWld shall be kept in an accoWlt at such bank as the Financial Secretary may approve. (2) The FWld Committee may, with the approval of the Minis ter, invest monies credited to t;he FWld in securities issued by the Bank of Jamaica or the Government of Jamaica and any interest or benefit received from such investment shall form part of the FWld. 42.-{ 1) The accounts of the Fund shall be audited and reported upon annually by the auditor appointed by the Minister, and for that purpose, the auditor or any person authorized by the auditor in that behalf, shall have access to all books, records, returns and other documents relating to such accounts. (2) The chairman of the Fund Committee shall within three months after the end of each financial year, cause a report on the ad ministration of the Fund to be prepared and forwarded to the Director General. (3) The Director-General, as part of the annual report of the Office required under section 13, include the report and the statement of accounts referred to in subsection (2). PART X. Miscellaneous 43.-{1) Where a Resident Magistrate is satisfied, on evidence on oath given by an authorized officer, that the condition of any premises is likely to pose a danger of serious injury to persons in the event of a disaster, the Resident Magistrate may issue or, as the case may be, renew an order Permitting the authorized officer to enter and inspect those premises. (2) An order under this section (a) shall expire at the end of thirty days after the date on which it is made, unless it is renewed ·before expiry for further periods, not exceeding thirty days each; Withdrawals from Fund. Fund bank Account. Accounts and audit of Fund. Order to enter and inspect. . , . . , 32 Entry and inspection of, report on dangerous premises . [No. ] The Disaster Risk Management Act. 2015 (b) shall be executed during the daylight hours unless the order autho~ othetWise; (c) may be issued or renewed on application notwithstanding that no notice of the application is given to any person who may be affected thereby. 44. -{I) Every authorized officer shall (a) prepare a written report on any inspection carried out under section 43 and submit the report to the Director-General, within seven days after the inspection; (b) supply a copy thereof to the occupier or such person appearing to be in control of the premises, within foUrteen days after the inspection. (2) Where the authorized officer is satisfied that the condition of any premises so inspected by him is likely to pose a danger in the event of a disaster and that such condition constitutes a contravention of any other law he shall (a) within 14 days after the date of the inspection, submit a copy of the report to the Ministry, Department or other agency responsible for the administration of that other law; and (b) within seven days thereafter, notify the occupier or such person appearing to be in control thereof. (3) Subsection (4) shall apply in any case where the autho rized officer is unable to identify or find an occupier for the pwposes of reporting under subsection (l) or notification under subsection (2) . (4) The notice and report may be given by advertisement in the Gazette and in at least a daily newspaper published and circulating island-wide in Jamaica (5) A report under this section shall be admissible as prima facie evidence in any legal proceedings, whether or not the Crown is a party to such proceedings . The Disaster Risk Management Act, 2015 [No.] 33 (6) Nothing in,thisAct affects any right under any other law to take steps to ameliorate the condition of premises considered to pose danger under subsection (2). 4S.-{1) The Director-General shall provide for (a) himself, and members ofstaffofthe Office; (b) members of volunteer organizations; and (c) each person falling within paragraphs (b), (d) and (e) of the definition of "authorized officer" in section 2, a distinctive form ofidentification to be carried by each recipient while engaged in the performance of his duties under this Act. (2) An authorized officer who exercises a power under section 43 shall, at the time of the inspection (a) produce his identification to any person appearing to be in control of the premises to be inspected; and (b) explain the purpose of the inspection to that person. 46.-{ 1) An authorized officer may, in the event that a disaster is likely Identification of officers. Authorized officer's role in event of (a) enter any premises at any reasonable time to ensure that t~reatened disaster. there are no objects in the premises left in such a state as to be capable of endangering persons or property in the event of a disaster; (b) order the proper securing or removal of any such objects found in those premises; (c) order the removal to a safe location of any vehicle, boat or other vessel, or machinery which, in the opinion of the authorized officer is in a derelict state or found in any premises or in a public place and is capable of endangering persons or property in the event of a disaster; (d) order the cutting and trimming of trees and branches, which, in the opinion of the authorized officer, are capable of . , 34 Director General may institute proceedings. Director General's and authorized officer's immunity. Regulations for emergency shelter. [No. ] The Disaster Risk Management Act, 2015 endangering persons or property in the event of a disaster; and ( e) cany out such other measures as are necessary for the safety oflife or property. 47. A prosecution for an offence under this Act, or regulations made hereunder may be instituted by the Director-General or a member of any Police Force. 48. The Director-General or an authorized officer shall not be liable for any act done by him in good faith in the execution of any function under this Act. 49.-(1) Subject to subsection (2), the Minister may make regulations for the use and occupation of listed premises and the conduct of persons temporarily residing therein during any period when the premises are being used as emergency shelters for the purpose of this Act. (2) Where the listed premises are private property, regulations made in relation to those premises shall be made after consultation with the owners or occupiers of the premises. (3) Notwithstanding the generality of subsection (1), regula tions made under subsection (1) may in particular confer on shelter managers and shelter officers authority in accordance with such condi tions as may be specified in the regulations, to (a) refuse admission of persons, to any listed premises or other place specified therein to prevent overcrowding; (b) refuse the entry into listed premises of (I) pets or other animals; (n) weapons or hazardous materials; (c) limit by weight or bulk the luggage or other property to be brought into listed premises by persons taking shelter; (d) disclaimresponsibilityforthe safety of such property, including responsibility for negligent damage to such property as a The Disaster Risk Management Act, 2015 [No.] 35 condition of pennitting persons using listed premises to bring luggage or other property into such premises; (e) refuse the en1Iy into listed premises of any person reasonably suspected of being in possession of any item which is prohibited under this Act or any other enactment unless that person submits to a search of his luggage or other property; (f) allocate the use of the space and the facilities of listed premises among different users thereof and to collect such charges to cover the cost of services as may be prescribed; (g) regulate or prohibit the use of musical instnunents, computers, handheld electronic games and other equipment which may disturb other users oflisted premises; (h) prohibit the consumption of alcoholic drinks and the use of tobacco; (I) require persons using listed premises to (I) observe safeguards in the interests of the health of other persons; and (n) take precautions against the outbreak or spread offue, including participating infue drills requiring temporary evacuation and assembly; G) set minimum standards of conduct in listed premises in the interests of decency and public momlity; (k) prescribe minimum standards of cleanliness to be observed in emergency shelters; (1) require persons taking shelter to clean areas within listed premises which they occupy; (m) prohibit the commission of breaches of the peace or sexual or other harassment in or near listed premises; (n) suspend or expel any person from listed premises and to use reasonable force for this purpose; 36 Publication during disaster. Post disaster review. [No. ] The Disaster Risk Management Act, 2015 (0) accommodate any person at listed premises, notwithstanding any objection thereto from the owner of the premises; and (P) prohibit any person from defacing, damaging, dismantling any fixture on the compound or depositing anything on the compound of any listed premises without permission. (4) The shelter manager may request the assistance of any other person in exercising his power under subsection (3)(n). so. Notwithstanding the provisions of section 31 of the Interpretation Act, during any period of disaster, regulations made under this Act may be published by (a) broadcast on the National Emergency Broadcast System in accordance with section 34; or (b) notice affixed in a conspicuous place outside of every court building, police station, post office and shelter in the declared area and such other buildings or structures and in such parts of Jamaica as the Director-General considers appropriate. 51.-(1) The Office shall carry out a post-disaster review within six months after a disaster has been declared by the Director-General to be at an end. (2) The Office shall have free access to all information relevant to a post disaster review held by any Government Ministry, department or agency and may request from other agencies and persons, any infor mation it deems necessary to review an emergency situation and the response to it. (3) The office shall prepare a report on the review under sub section (I) and submit it to the Council. Offences and 52. Every person who penalty. (a) assaults or obstructs the Director-General or any other authorized officer acting in the exercise ofhis fimctions under thisAct; (b) without reasonable excuse, fails to comply with a dii'ection given or requirement imposed by an authorized officer under section 27(1)(b), (g), (h), (P) or (r); or The Disaster Risk Management Act, 2015 [No.] 37 (c) fails to furnish any infonnation required pursuant to the provisions of this Act or of an order under this Act, or in purported compliance with such a requirement, knowingly furnishes false infonnation, commits an offence and shall be liable on summary conviction before a Resident Magistrate, to a fine not exceeding one million dollars or to imprisonment for a tennnot exceeding twelve months. 53. The Minister may, after consultation with the Board, authorize Payment of the payment of a gratuity for the benefit of any person other than an gratuity. authorized officer, who has suffered injury during any time he was assistingthe Office or an authorized officer in the exercise ofbis fimctions, consequent on the outbreak of a disaster, and where the person has died as a result of the injury, the gratuity may be paid to his dependants or his legal personal representative. 54.-{1) The Minister may make regulations generally for giving Regulations. effect to the provisions of this Act, and without prejudice to the generality of the foregoing, may make regulations in relation to (a) the prevention, mitigation and suppression ofhazards; (b) the collection and publication of data pertaining to disaster mitigation and preparedness and emergency management; (c) fees payable for recovering the cost of or incurred in the provision of services under this Act; (d) prescribing the composition and rules for commtmity disaster committees; and (e) any other matter or anything which may be, or is required by this Act to be, prescribed. (2) The Minister may by order, subject to affirmative resolu tion, amend the provisions of the Schedules. 55. The Minister may, by order, subject to affrrmative resolution (a) amend or vary any monetary penalties prescribed in this Act; (b) amend any of the Schedules to this Act. Minister may amend monetary penalties, Schedules. 38 [No. ] The Disaster Risk Management Act, 2015 Act binds the / 56. This Act binds the Crown. Crown. Review of 57.-(1) ThisActshall be reviewed from time to time by a committee Ap ctl.by of both Houses of Parliament appointed for the purpose. ar lamentary Committee. (2) The first such review shall be conducted not later than Amendment of other Acts. Vesting of property. three years after the appointed day. 58.-(1) The Kingston & st. Andrew Building Act is amended by inserting next after section 45 the following as section 45A U Payment into National Disaster Fund. 45A. An amount equivalent to the prescribed amount of the fees payable to the Corporation under section 44 or 45 shall be paid into and accrue to the National Disaster Fund established under the Disaster Risk Management Act." . (2) The Parish Councils Building Act is amended by inserting in section 2 next after subsection (2) the following as subsection (2A) " (2A) An amount equivalent to the prescribed amount of the fees payable to a Parish Council under by-laws made under sub section (2) shall be paid into and accrue to the National Disaster Fund established under the Disaster Risk Management Act. ". (3) The Municipalities Act is amended by inserting next after section 9 the following as section 9A " Payment 9A. An amount equivalent to the prescribed ~~~onal amount of the building fees payable to a Municipality Disaster under this Act shall be paid into and accrue to the Fund. National Disaster Fund established under the Disaster Risk Management Act.". 59. All real and personal property belonging to the Office of Disaster Preparedness and Emergency Management, including all moneys standing to the credit of or receivable by the Office pursuant to the Disaster Preparedness and Emergency Management Act shall, from and after the appointed day, without any conveyance, assignment or other transfer, belong to and be vested in the Office established under this Act, subject to the provisions of this Act and to any enactment The Disaster Risk Management Act, 2015 [No.] 39 regulating1hemanagement, maintenance, control, supervision and deaHng with, such property or moneys. 60. In any enactment or in any instrument in writing issued pursuant to a statutory power and having effect on or after the appointed day, any reference to the Office of Disaster Preparedness and Emergency Management shall be construed as a reference to the Office established Wlder this Act. 61. The Disaster Preparedness and Emergency Management Act is repealed. Construction of references. Repeal of Disaster Preparedness and Emergency Management Act. 40 ' .. [No. ] The Disaster Risk Management Act, 2015 FIRST SCHEDULE (Section 3(2), (3» Constitution of Board of Management of the Office of Disaster Preparedness and Emergency Management Constitution of Office. Term of appointment. Acting appoint ments. Chairman. Resignation. Revocation. Gazetting of appoint ments. Leave of absence. 1. The Board of Management shall comprise the Director-General as ex-officio member, and such additional members (hereinafter called "appointed members") not being less than seven nor more than fourteen, including a representative of the local authorities, a representative each of the Jamaica Constabulary Force, the Jamaica Defence Force and the Jamaica Fire Brigade, as the Minister may from time to time appoint by instrument in writing. 2 An appointed member shall, subject to the provisions of this Schedule, hold office for a period not exceeding three years and each such member shall be eligible for reap pointment. 3. The Minister may appoint any person to act tempo rarily in the place of the Chairman or any appointed member, in the case of absence or inability to act of the Chairman or such member. 4.-(1) The Minister shall appoint one of the appointed members of the Board to be the Chairman. (2) In the case of the absence of the Chairman or his inability to act at any meeting, the remaining members of the Board shall elect one of their number to act as Chairman at that meeting. 5. An appointed member may at any time resign his office by instrument in writing addressed to the Chairman, who shall forthwith cause it to be forwarded to the Minister, and upon the date of the receipt by the Minister of such instru ment the member shall cease to hold office. 6. The Minister may at any time for just cause, revoke the appointment of any appointed member ifhe thinks it expe dient so to do. 7. The names of all members of the Board as first consti tuted and every change in membership thereof shall be published in the Gazette. 8.-(1) The Minister may, on the application of any appointed member, grant leave of absence to such member. Remuneration of appointed members. Seal and execution of documents. Procedure and meetings. The Disaster Risk Management Act, 2015 [No. ] (2) The appointment of an appointed member shall be regarded as terminated, if without the grant of leave of ab sence, that member is absent from at least three consecu tive meetings of the Board. 9. There shall be paid to each appointed member such remuneration and allowances for attendance at Board meet ings as the Minister may determine. 1O.--{1) The seal of the Office shall be kept in the custody of the Director-General or of any officer of the Office authorized by the Board in that behalf, and shall be affixed to instruments pursuant to a resolution of the Board in the presence of the Director-General or any other member duly authorized to act in that behalf and the Secretary. (2) The seal of the Office shall be authenticated by the signature of the Secretary. (3) All documents otherwise required by law to be under seal, made by, and all decisions of, the Board may be signified under the hand of the Director-General or any other member of the Board or officer duly authorized to act in that behalf. 11.--{1) The Board shall meet at least once in every month and subject thereto, as often as may be necessary or expedient for the transaction of business and such meet ings shall be held at such places and times and on such days as the Board may determine. (2) The chairman may at any time call a special meet ing of the Board and shall cause a special meeting to be held within seven days of his receipt of a written request for such purpose addressed to him by any two members of the Board. (3) The chairman shall preside at meetings of the Board, and if the chairman is absent from a meeting, the members present shall elect one of their numbers to preside at the meeting. (4) The quorum of the Board shall be five. (5) The decisions of the Board shall be by a majority of votes and in addition to an original vote the chairman or other member presiding at the meetings shall have a casting vote in any case in which the voting is equal. 41 42 [No. ] Disclosure of interest. The Disaster Risk Management Act, 2015 (6) Subject to the provisions of this Schedule the Board may regulate its own proceedings. 12. A member of the Board who is directly 9r indirectly interested in any matter which is being dealt 'with by the Board (a) shall disclose the nature of his interest at a meeting of the Board; and (b) shall not take part in any deliberation or decision of the Board, with respect to that matter. Appointment 13.-{I) The Board may appoint such committees as it of committees. thinks fit consisting wholly or partly of members of the Board, and may delegate to such committees such of the Board's functions as it thinks fit. Office of member other than Director General not public office. Preservation of action done or proceeding taken. Protection of Board members. (2) A delegation under sub-paragraph (1) shall not prevent the exercise by the Board of any function so del egated. 14. The office of member of the Board, other than the Director-General, shall not be a public office for the purposes of Chapter V of the Constitution of Jamaica. 15. No action done or proceeding taken under this Act shall be questioned on the ground (a) of the existence of any vacancy in the rttembership or any defect in the constitution of, the Board; or (b) of any omission, defect or irregularity not affecting the merits of the case. I6.-{I) No action, suit or other proceeding shall be brought or instituted personally against any member of the Board in respect of any act done bona fide in the course of carrying out the provisions of this Act. (2) Where any member of the Board is exempt from liability by reason only of the provisio~ of this paragraph. the Office shall be liable to the extent that it would be if that member were an employee or agent of the Office. Constitution of Council. The Disaster Risk Management Act, 2015 [No. ] SECOND SCHEDULE (Section 16(2» Constitution of the National Disaster Risk Management Council 1. (1) The Council shall consist of (a) the Prime Minister as Chairman; (b) the Minister responsible for disaster preparedness as Deputy Chairman; (c) the Leader of the Opposition; (d) all other Ministers of Government; (e) the Pennanent Secretary in the Office of the Prime Minister; (f) the Financial Secretary; (g) the Pennanent Secretary in each other Ministry; (h) the Chief of Staff of the Jamaica Defence Force; (i) the Commissioner of Police; G) the Commissioner of Corrections; (k) the Commissioner of the Jamaica Fire Brigade; (1) the President of the National Water Commission; (m) the Managing Director of the Water Resources Authority; (n) the Chairman of the Office of Disaster Preparedness and Emergency Management; (0) the Director-General of the Office; (P) the Director-General of the Planning Institute of Jamaica; (q) the Chief Executive Officer of National Environment and Planning Agency; (r) the Chief Executive Officer of the Jamaica Public Service Company Limited; (s) the Executive Director of the National Solid Waste Management Authority; (t) the Director of Emergency Management in the Ministry responsible for Health; 43 44 [No. ] Quorum. Secretary. The Disaster Risk Management Act, 2015 (u) the Chief Executive Officer of the National Works Agency; (v) the Chief Technical Director in the Ministry responsible for housing; (w) the Executive Director of the Jamaica Information Service; (x) the Chainnan of the Council of Voluntary Social Services; (y) the chainnan of the Jamaica Council for Persons with Disabilities; (z) the President of the Jamaica Red Cross Society; (aa) the Territorial Commander of the SalvationAnnY; (ab) the Chainnan of the Jamaica Council of Churches; (ac) the Chainnan of the Private Sector Organization of Jamaica; (ad) the General Secretaries of the majority and opposition parties in Parliament; (ae) the head of the Adventist Development and Relief Agency; (at) the Director of the Meteorological Office; (ag) the President of the Association of Local Government Authorities; (ah) the Chief Executive Officer of each telecommunication service provider; (ai) the Director of the Earthquake Unit, University of the West Indies; (aj) the Chief Technical Director in the Ministry responsible for local government; and (ak) such other persons as the Chainnan may appoint. (2) A member of the Council specified in sub-paragraph (l)(e) to (aj) may designate an alternate to represent that member at any meeting of the Council. 2. The Chainnan or Deputy Chairman, and any ten other members of the Council shall constitute a quorum. 3. The Director-General shall be the Secretary of the Council. Establish ment of committees. Power to regulate own proceedings. Invitees. Functions of Council. Tenure of Office. The Disaster Risk Management Act, 2015 [No. ] 4. "The Council may (a) establish committees and charge them with particular responsibilities, whether defined by geographical area or otherwise, in relation to the mitigation of, preparedness for, response to and recovery from, emergency situations and disasters in Jamaica; and (b) determine the powers to be exercised by such committees and times at which they shall be convened to deal with a threatened hazard or disaster. 5. Subject to the provi~ons of this Act the Council and any committee established under paragraph 4(a) may regulate its own proceedings. 6. The Chairman may invite to any meeting of the Council such other persons as the chairman deems fit. 7. In addition to its functions under section 17 of this Act, the functions of the Council shall be to (a) review and advise on national strategy for disaster management; (b) review the state of disaster management in Jamaica and report its findings at least annually, by May of each year, to the Cabinet; (c) facilitate effective national coordination of, preparedness for, response to and recovery from any disaster or emergency situation and collaboration of stakeholders in relation thereto. 8. Every member of the Council, other than an ex officio member, shall, subject to the provisions of this Act, hold office (a) for a period not exceeding three years from the date of appointment or for such lesser period as the chairman may specify at the time of appointment and may be removed from office at any time by the chairman before the expiry of their tenure; and 45 46 [No. ] Resignation. Construction of references to "Minister" and "Council". The Disaster Risk Management Act, 2015 (b) on such, other than those provided in sub paragraph (a), terms and conditions as the chainnan may determine, and be eligible for re-appointment. 9 .--{l) Any member of the Council, other than an ex officio member may at any time resign his office by instrument in writing addressed to the Chainnan of the Council, and such resignation shall take effect as from the date of receipt of such resignation by the Chairman. (2) Where a member of the Council resigns under sub paragraph (l) or is for any reason, within the terms and conditions of his appointment, removed from office under paragraph 8(a), the Chainnan of the Council may appoint such other person as he thinks fit to replace such member. 10. Paragraphs 8 and 9 apply to the members of a committee established under paragraph 4 as if the reference (a) in paragraph 8 to "Council" and "Minister" were a reference to "committee" and "Council", respectively; and (b) in paragraph 9 to "Council" and "Chainnan of the Council" were a reference to "committee" and "Council", respectively. The Disaster Risk Management Act, 2015 [No. ] THIRD SCHEDULE (Section 19(1» Constitution of Parish Disaster Committee l.-{l) Each parish disaster committee shall comprise the following persons in respect of the parish (a) the Mayor, as Chairman of the Committee; (b) the Secretary/Manager in the case of a Parish Council or Town Clerk in the case of the Council of the Kingston and St. Andrew Corporation, as secretary to the committee; (c) the Custos; (d) each Member of the House of Representatives having representation in the parish; (e) the Parish Councillors as designated by the Parish Council; (t) the senior police officer, or his nominee; (g) the senior fire brigade officer, or his nominee; (h) the Medical Officer of Health; (i) the Parish Manager, National Works Agency; G) the Superintendent of Roads and Works or his nominee; (k) the parish manager for each public utility service; (l) a representative ofHAMlCB Radio clubs; (m) a representative of the Jamaica Information Service; (n) a representative of the Social Development Commission assigned for the particular parish; (0) the Parish Manager in the Ministry responsible for labour and social security; and (P) any other person nominated by the committee, being a person whose qualifications and experience the committee considers to be relevant to disaster management. (2) Subject to the provisions of this Act, the parish disaster committee may regulate its own proceedings. (3) The chairman may upon the recommendation of the committee invite representatives of (i) service clubs and voluntary organizations; (iI) the Chambers of Commerce, and other persons or organizations to attend any meeting of the committee. 47 48 [No. ] Constitution of Committee. Chairman. Deputy chairman. Tenure. Temporary appointment. The Disaster Risk Management Act. 2015 FOURTH SCHEDULE (Section 37(3» The Constitution 0/ the Fund Committee 1. The Fund Committee shall consis~ of such number of members not being less than seven nor more than ten as the Cabinet on the advice of the Minister may appoint by in strument in writing, being (a) the Permanent Secretary in the Ministry respon sible for disaster management; (b) the Finance Director of the Office; (c) two members appointed from a panel of six chartered accountants nominated by the Institute of Chartered Accountants of Jamaica; (d) two persons from the public sector appearing to the Minister to have suitable experience in the management of similar funds, one being an officer of the Ministry responsible for fmance; (e) not more than five other persons appearing to the Minister to have such knowledge, skills or experience relevant to the proper administration and management of this Fund. 2 The Minister shall appoint two of the members appointed pursuant to paragraph 1 (b) or (d) to be chairman and deputy chairman, respectively. 3. In the case of the absence or inability of the chairman to act, the deputy chairman shall exercise the functions of the chairman. 4. A member of the Fund Committee shall, subject to the provisions of this Schedule, be appointed for a period not exceeding three years from the date of his appointment on such terms as the Minister may determine and each such member shall be eligible for re-appointment. 5. Subject to paragraphs 1,2 and 3 the Minister may, in the case of the absence or the inability to act of any member, appoint any person to act temporarily in the place of that member.