Disaster Management 2010

Disaster Management [No. 13 of 2010 73
THE DISASTER MANAGEMENT ACT, 2010
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Short title
Interpretation
Application ofAct
PART II
THE NATIONAL DISASTER MANAGEMENT AND
MITIGATION UNIT
Establishment of National Disaster Management and
Mitigation Unit
Functions of Unit
Powers of Unit
Prevention and mitigation of disasters
Establishment of National Disaster Management Council
Functions of Council
Establishment of National Disaster Management Technical
Committee
Functions of Technical Committee
Proceedings of Technical Committee
National Co-ordinator
Directories and records
15. Disaster Management Information System
Single copies of this Act may be obtained from the Government Printer
PO. Box 30136, 10100 Lusaka. Price K16,000

isaster Management Information System
Single copies of this Act may be obtained from the Government Printer
PO. Box 30136, 10100 Lusaka. Price K16,000

74 No. 13 of 2010] Disaster Management
PART III
PROVINCIAL DISASTER MANAGEMENT
COMMITTEES
Establishment of Provincial Disaster Management
Committees
Composition of Provincial Committee
Functions of Provincial Committee
Provincial Disaster Management Co-ordinator
20 . Proceedings of Provincial Committees
PART IV
DISTRICT AND SATELLITE DISASTER MANAGEMENT
COMMITTEES
Establishment of District Disaster Management Committees
Functions of District Committee
Proceedings of District Committee
District Disaster Management Co-ordinator
Powers of District Disaster Management Co-ordinator
Satellite Disaster Management Committees
Functions of Satellite Committee
Proceedings of Satellite Committees
29. Disaster management volunteers

nator
Satellite Disaster Management Committees
Functions of Satellite Committee
Proceedings of Satellite Committees
29. Disaster management volunteers

Disaster Management [No. 13 of 2010 75
PART V
THE NATIONAL DISASTER RELIEF TRUST FUND
National Disaster Relief Trust Fund
Administration and management of Trust Fund
Application of Trust Fund
Financial year
Statement of income and expenditure
Annual report
PART VI
DECLARATION OF NATIONAL DISASTER
Declaration of national disasters and disaster areas
Regulatory powers in state of disaster
PART VII
DISASTER MANAGEMENT PLANS
National disaster management plan
Post disaster reconstruction, rehabilitation and recovery plan
Sector disaster management plans
PART VIII
GENERAL PROVISIONS
General offences
42. Regulations

saster reconstruction, rehabilitation and recovery plan
Sector disaster management plans
PART VIII
GENERAL PROVISIONS
General offences
42. Regulations

Disaster Management [No. 13 of 2010 77
GOVERNMENT OF ZAMBIA
ACT
No. 13 of 2010
Date ofAssent: 13thApril, 2010
An Act to establish and provide for the maintenance and
operation of a system for the anticipation, preparedness,
prevention, coordination, mitigation and management of
disaster situations and the organisation of relief and
recovery from disasters; establish the National Disaster
Management and Mitigation Unit and provide for its
powers and functions; provide for the declaration of
disasters; establish the National Disaster Relief Trust
Fund; provide for the responsibilities and involvement of
the members of the public in disaster management; and
provide for matters connected with, or incidental to, the
foregoing. [16thApril, 2010
ENACTED by the Parliament of Zambia. Enactment
PART I
PRELIMINARY
1. This Act may be cited as the Disaster Management Act,
2010. Short title
2.

, 2010
ENACTED by the Parliament of Zambia. Enactment
PART I
PRELIMINARY
1. This Act may be cited as the Disaster Management Act,
2010. Short title
2.

In this Act, unless the context otherwise requires—
"Council" means the National Disaster Management Council
established under section eight;
" disaster area " means an area in which a disaster occurs
and which is declared as such an area under section thirty-
six;
" disaster " means an event that is associated with the impact
of a human induced or natural hazard, which causes a
serious disruption in the functioning of a community or
society, causing widespread human, material or
environmental losses which exceeds the ability of the
affected community or society to cope with the hazard
using its own resources;
Interpretation

or
environmental losses which exceeds the ability of the
affected community or society to cope with the hazard
using its own resources;
Interpretation

78 No.

78 No.

13 of 20101 Disaster Management
disaster management " means a continuous and integrated
multi-sectoral, multi-disciplinary process of planning and
implementation of measures aimed at —
preventing or reducing the risk of disasters;
mitigating the severity or consequences of disasters;
emergency preparedness;
a rapid and effective response to disasters; and
(e) post-disaster recovery and rehabilitation;
" disaster preparedness " means activities and measures taken
in advance to ensure effective response to the impact of
hazards, including the issuance of timely and effective early
warnings and the evacuation of people and economic
assets from a threatened location;
" disaster prevention " means measures or actions taken to
avoid, eliminate, or prevent harmful natural or human
adverse phenomena or hazards from causing or resulting
in a disaster;
" District Committee " means the District Disaster
Management Committee established under sectiontwenty-
one;
" District Development Co-ordinating Committee " means the
District Development Co-ordinating Committee established
by Government as a forum for co-ordinating the planning
and implementation of development activities at the district
level;
" District Disaster Management Co-ordinator " means the
person appointed as such under section twenty-four;
" early warning " means the provision of timely and effective
information, through relevant institutions, that allows
individuals exposed to any hazard, to take action to avoid
or reduce their risk and prepare for effective response;
"emergency" means an event, actual or imminent, which
endangers or threatens to endanger life, property or the
environment and which requires a significant and co-
ordinated response;

l or imminent, which
endangers or threatens to endanger life, property or the
environment and which requires a significant and co-
ordinated response;

Disaster Management [No. 13 of 2010 79
" essential commodities " means food supplies, water, shelter,
health care, sanitation, clothing, equipment and any other
basic necessity or service given to a victim of a disaster,
hazard or emergency to save the victim's life;
" hazard" means a potentially damaging physical event such
as an earthquake, a hurricane, flood, drought, fire, epidemic,
phenomenon or human activity, which may cause injury or
the loss of life, damage to property, social and economic
disruption or environmental degradation, and includes latent
conditions that may represent future threats and can have
different origins, natural and human induced;
" health facility " has the meaning assigned to it in the Health Act No. 24
Professions Act, 2009; of 2009
" health practitioner " has the meaning assigned to it in the Act No. 24
Health Professions Act, 2009; of 2009
" local authority "means a council established under the Local Cap.

the meaning assigned to it in the Act No. 24
Health Professions Act, 2009; of 2009
" local authority "means a council established under the Local Cap.

281
Government Act;
" mitigation " means structural and non-structural measures
undertaken to limit the adverse impact of natural hazards,
environmental degradation and technological hazards;
" National Co-ordinator " means the National Co-ordinator
of the Unit appointed under section thirteen;
" Provincial Committee " means the Provincial Disaster
Management Committee established under section sixteen;
Provincial Development Co-ordinating Committee " means
the Provincial Development Co-ordinating Committee
established by Government as a forum for co-ordinating
the planning, implementation and monitoring of development
activities at the Provincial level;
" Provincial Disaster Management Co-ordinator " means the
person appointed as such under section nineteen;
" rapid on-set disaster " means a disaster that occurs usually
as a result of a sudden natural event such as a flash flood,
an earthquake, epidemic, fire, cyclone, civil disturbance,
oilspill, influx of refugees or transport accident;

en natural event such as a flash flood,
an earthquake, epidemic, fire, cyclone, civil disturbance,
oilspill, influx of refugees or transport accident;

80 No.13of 2010] Disaster Management
"rehabilitation, reconstruction and recovery "meansmeans measures
to help restore the livelihoods, assets and production levels
of emergency affected communities, to re-build essential
infrastructure, productive capacities, institutions and
services destroyed or rendered non-operational by a
disaster, and to help bring about sustainable development
by facilitating the necessary adjustments to the changes
caused by the disaster and improving on the status quo,
where possible;
"relief " means emergency provision of assistance to save
people's lives in the immediate wake of a disaster, including
search and rescue, evacuation, distribution of food and
water, temporary provision of sanitation, health care and
shelter, and the restoration of immediate personal security;
" resilience" means capacity to withstand the negative effects
of a hazard;
"risk" means the probability of harmful consequences such
as deaths or injuries, or expected losses of property or
livelihoods, disruption of economic activity, or
environmental damage, resulting from interaction between
natural or human induced hazards and vulnerable
conditions;
" Satellite Committee " means the Satellite Disaster
Management Committee established pursuant to section
twenty-six;
" Technical Committee " means the National Disaster
Management Technical Committee established under
section ten;
" Trust Fund " means the National Disaster Relief Trust Fund
established under section thirty;
" Unit " means the Disaster Management and Mitigation Unit
established under section four;
" volunteer " means a person providing, or assisting in the
provision of, disaster management services;
" vulnerability " means a set of conditions and processes
resulting from physical, social, economic, and
environmental factors which increase the susceptibility of
a community to the impact of hazards; and
"warrant holder" means a public officer with authority to
control and account for public funds and resources.

community to the impact of hazards; and
"warrant holder" means a public officer with authority to
control and account for public funds and resources.

Disaster Management [No. 13 of 2010 81
3. This Act does not apply to an occurrence or event —
if, from the date on which it occurs, an emergency is
declared to deal with that occurrence or event under
the Emergency Powers Act; or
to the extent that the occurrence can be dealt with
effectively under any other law aimed at reducing the
risk, and addressing the consequences of occurrences of
that nature. Application
of Act
Cap. 108
PART II
THE NATIONAL DISASTER MANAGEMENT AND MITIGATION UNIT
4. (1) There is hereby established the National Disaster
Management and Mitigation Unit which shall be responsible for
the implementation of the provisions of thisAct. The Unit shall be a department in the Office of the Vice-
President. The expenses of the Unit shall be charged upon and issued
out of the general revenues of the Republic. 5.

rtment in the Office of the Vice-
President. The expenses of the Unit shall be charged upon and issued
out of the general revenues of the Republic. 5.

(1) The Unit shall be the Secretariat to the entire national
disaster management structure, and shall implement all disaster
management programmes and activities in the country
(2) Without limiting the generality of subsection (1), the Unit
shall —
act as the central planning, co-ordinating and monitoring
institution for prevention, mitigation, preparedness,
response and post disaster recovery taking into account
all potential disaster risks;
advise the Technical Committee on the progress and
constraints in disaster management and on other matters
relating to the management of disaster relief operations;
warn the public of an imminent disaster and predict its
effects;
maintain a data collection and dissemination system, and
national strategic reserves of essential commodities and
equipment for immediate disaster relief;
(e) formulate disaster prevention, mitigation, preparedness,
response and rehabilitation strategies and action plans
to meet all foreseeable requirements in consultation with
Government, non-governmental organisations and donor
agencies;
Establishment
of National
Disaster
Management
and
Mitigation
Unit
Functions of
Unit

ith
Government, non-governmental organisations and donor
agencies;
Establishment
of National
Disaster
Management
and
Mitigation
Unit
Functions of
Unit

82 No.

82 No.

13 of 2010] Disaster Management
prepare and update the disaster management plans and
the supporting disaster management manual;
prepare an over-arching national disaster contingency plan
and co-ordinate cross sectoral plans;
(h) establish an early warning system covering all sectors
and hazard sources and maintain close links with the
different institutions that provide early warning services;
0 develop and sustain viable, effective structures and
capacities at the national level, provincial level and within
the districts;
U) take all necessary measures in order to prevent, alleviate,
contain and minimize the effects of disasters;
(k) conduct public and media briefings on disaster-related
programmes, progress and constraints;
(1) act as an advisory and consultative body on issues
concerning disasters and disaster management;
make post disaster reconstruction, rehabilitation and
recovery plans;
promote the recruitment, training and participation of
volunteers in disaster management;
establish and manage an Emergency Operations Centre,
which shall be the nerve centre to monitor emergencies
and feed into the normal operations of the Unit;
act as a central clearing house for the reporting of disasters
and dissemination of output from the Technical
Committee during a disaster;
conduct assessments, before, during and after disasters;
work with authorities in other countries that are responsible
for disaster management to exchange information and
have access to international expertise and assistance in
respect of disaster management; and
(s) carry out and co ordinate all research relevant to its
functions for the purpose of advising the Council and
the Technical Committee on measures necessary for
disaster prevention and preparedness.

t to its
functions for the purpose of advising the Council and
the Technical Committee on measures necessary for
disaster prevention and preparedness.

(3) The Unit shall exercise and perform such other functions
and powers as are conferred or imposed on it by, or under, this Act
or any other written law.

The Unit shall exercise and perform such other functions
and powers as are conferred or imposed on it by, or under, this Act
or any other written law.

Disaster Management [No. 13 of 2010 83
Powers of
Unit
6. (1) The Unit may—
request, in writing, any Government department or
Ministry, an organisation, institution, person or body of
persons, to furnish to the Unit such information for the
purposes of disaster prevention, mitigation, preparedness,
response and rehabilitation, as the Unit may require for
purposes of this Act;
during the existence of a disaster, request from any
Government department or Ministry, an institution,
organisation, person or persons, vehicles, equipment,
property, supplies and other materials, necessary to
mitigate the disaster; and
(c) direct, in writing, a local authority, statutory corporation,
utility, person or body to institute, enforce, take or
administer necessary measures to prepare for, prevent
or mitigate a disaster. A person who provides any vehicles, equipment, building,
property, supplies or other materials pursuant to subsection (1) shall
be entitled to fair compensation thereof from the Government. The President may, by statutory instrument, regulate the
procedure, criteria, type and the determination of compensation to
be given to any person under this Act. 7.

ay, by statutory instrument, regulate the
procedure, criteria, type and the determination of compensation to
be given to any person under this Act. 7.

(1) The Unit shall give guidance to Government ministries
and departments, the private sector, non-governmental organisations,
communities and individuals to assess and prevent or reduce the
risk of disasters, including —
(a) ways and means of —
determining levels of risks;
assessing the vulnerability of communities,
households, environment and economic assets
to disasters;
increasing the capacity of communities and
households to minimise the risk and impact of
disasters; and
monitoring the likelihood of, and the state of
alertness to, disasters;
(b) the development and implementation of appropriate
prevention and mitigation methodologies;
Prevention
and
mitigation
of disasters

s to, disasters;
(b) the development and implementation of appropriate
prevention and mitigation methodologies;
Prevention
and
mitigation
of disasters

84 No. 13 of 2010] Disaster Management
the integration of prevention and mitigation methodologies
with development plans, programmes and initiatives; and
the management of high-risk developments. The Unit shall promote formal and informal initiatives that
encourage risk-avoidance behaviour by Government ministries and
departments, the private sector, non-governmental organisations,
communities and individuals. The Unit shall —
(a) monitor —
progress with the preparation and regular
updating of disaster management plans and
strategies by persons, institutions and
organisations involved in disaster management;
formal and informal prevention, mitigation and
response initiatives by Government departments
and ministries, the private sector, non-
governmental organisations and communities,
including the integration of the initiatives with
development plans; and
(b) measure performance and evaluate such progress and
initiatives. Establishment
of National
Disaster
Management
Council
8. (1) There is hereby established the National Disaster
Management Council.

ss and
initiatives. Establishment
of National
Disaster
Management
Council
8. (1) There is hereby established the National Disaster
Management Council.

(2) The Council shall consist of the following part-time
members who shall be appointed by the President:
the Vice President, who shall be the Chairperson;
the Minister responsible for defence, who shall be the
Vice- Chairperson; and
(c) the Ministers responsible for-
home affairs;
health;
agriculture;
energy;
information;
national planning;
(vii) local government;

Chairperson; and
(c) the Ministers responsible for-
home affairs;
health;
agriculture;
energy;
information;
national planning;
(vii) local government;

Disaster Management [No. 13 of 2010 85
communication;
community development;
education;
minerals development;
works and supply; and
environment and natural resources. The Council may, for purposes of this Act, co-opt any
other Minister or Provincial Minister, with the approval of the
President. The National Coordinator of the Unit shall be an a officio
member of the Council. (5) The President may, by statutory instrument, make regulations
to provide for the procedure, meetings and quorum of the Council
and any other matter relating to the Council. 9. The functions of the Council shall be to—
formulate and update the national disaster policy;
direct line Ministries to take up their responsibility
during disaster and non-disaster periods;
mobilise resources for disaster management;
approve national disaster management plans and
guidelines; and
(e) recommend to the President, the declaration of
national disasters. 10. (1) There is hereby established the National Disaster
Management Technical Committee.

end to the President, the declaration of
national disasters. 10. (1) There is hereby established the National Disaster
Management Technical Committee.

(2) The Technical Committee shall consist of the following
part-time members who shall be appointed by the Vice-President:
the National Co ordinator, who shall be the Chairperson;
the Permanent Secretary in the Ministry responsible for
defence, who shall be the Vice-Chairperson;
(c) one Permanent Secretary each from the Ministries
responsible for
national planning;
local government;
Functions of
Council
Establishment
of National
Disaster
Management
Technical
Committee

Ministries
responsible for
national planning;
local government;
Functions of
Council
Establishment
of National
Disaster
Management
Technical
Committee

86 No. 13 of 2010] Disaster Management
home affairs;
health;
energy;
agriculture;
environment and natural resources;
communications;
minerals development;
information and broadcasting;
community development; and
works and supply;
a representative of the Zambia Red Cross Society;
the United Nations Resident Coordinator; and
a representative of a religious organisation. The Technical Committee may, for purposes of this Act, co-
opt any other person from a Government department, a Provincial
office, the private sector or non-governmental organisation, as an
ex officio member, with the approval of the Vice-President. The Technical Committee may exercise its functions
notwithstanding any vacancy in its membership. 11.

member, with the approval of the Vice-President. The Technical Committee may exercise its functions
notwithstanding any vacancy in its membership. 11.

The functions of the Technical Committee shall be to—
recommend policy and program direction to the Council;
co ordinate the implementation of the decisions of the
Council, using the sectoral skills and resources of line
Ministries;
supervise disaster management activities in Zambia, and
in particular, coordinate the disaster management
content of development and reconstruction
programmes;
supervise the work of the Unit in the monitoring and
review of disaster management plans; and
(e) control disbursements from the Trust Fund. Proceedings 12. The provisions of the Schedule apply to the Technical
of Technical
Committee Committee. National 13. (1) There shall be a National Co-ordinator of the Unit who
Co-ordinator shall be a public officer appointed by the President. Functions
of Technical
Committee

e shall be a National Co-ordinator of the Unit who
Co-ordinator shall be a public officer appointed by the President. Functions
of Technical
Committee

Disaster Management [No. 13 of 2010 87
The National Co-ordinator shall hold such qualifications as
shall be prescribed by statutory instrument. The National Co-ordinator shall be a warrant holder and shall
be at the level of Permanent Secretary. The National Co-ordinator shall be the chief executive
officer of the Unit and shall be responsible for the day-to-day
management of the Unit, and shall execute the decisions of the
Council and the Technical Committee. The Public Service Commission shall appoint any other
staff of the Unit as shall be necessary for the implementation of
the provisions of this Act. (6) On the coming into operation of this Act, the person serving
as National Co-ordinator of the Unit shall continue in office as if
appointed under this Act. 14.

oming into operation of this Act, the person serving
as National Co-ordinator of the Unit shall continue in office as if
appointed under this Act. 14.

(1) The National Co-ordinator shall cause to be kept and
maintained at the office of the Unit —
a directory showing the names, addresses and other details
of the heads of all Government departments, provincial
and district offices;
records showing the locations of all schools and other
institutions of learning within the country, together with
the names and addresses of the heads of the schools
and learning institutions;
records showing the locations of all health facilities within
the country, together with the particulars of the health
practitioners responsible for the health facilities;
records showing the location of all fire-fighting stations
and units in the country;
(e) a directory showing the names, addresses and other details
of all United Nations and other international organisations
and voluntary agencies;
(fi a directory showing the names, addresses and other details
of all non-governmental organisations involved in disaster
management,
(g) records or registers showing the location and size of
buildings which could be used as emergency shelters or
health facilities in the event of a disaster;
Directories
and records

the location and size of
buildings which could be used as emergency shelters or
health facilities in the event of a disaster;
Directories
and records

88 No. 13 of 2010] Disaster Management
the location, size and other statistical data relating to all
airports, airdromes and airstrips, including the length,
tonnage limitations, communication and elevation;
the location and storage capacity of all key warehouses in
the country;
0) copies of the sector disaster management plans; and
(k) the number, location and capacity of vehicles, aircraft,
tractors, and equipment which could be used during a
disaster. (2) The Unit may collaborate with any other person or body of
persons to facilitate the efficient and effective discharge of its
functions. Disaster 15. (1) The Unit shall act as a repository of, and conduit for,
management information concerning disasters and disaster management, andinformation
system shall for this purpose
collect information on all aspects of disasters and disaster
management;
process and analyse the information referred to under
paragraph (a);
develop and maintain an electronic database envisaged
in subsection (2); and
take steps to disseminate information, especially to
communities that are vulnerable to disasters.

lectronic database envisaged
in subsection (2); and
take steps to disseminate information, especially to
communities that are vulnerable to disasters.

(2)The electronic database referred to under subsection (1) shall
contain information concerning disasters that occur or may occur
in Zambia and disaster management issues, including information
on
phenomena, occurences, activities and circumstances that
cause or aggravate disasters;
risk factors underlying disasters and ways and means to
reduce such risks;
(e) recurring occurrences that result in loss, but which are
not classified as disasters under this Act;
prevention and mitigation;
early warning systems;
(I) areas and communities that are particularly vulnerable to
disasters;
indigenous knowledge relating to disaster management;
the directories and records referred to in section fourteen;
(i) emergency response resources and capacity in the national,
provincial and local institutions of Government and
among the private sector and the non-governmental
organisations;

ces and capacity in the national,
provincial and local institutions of Government and
among the private sector and the non-governmental
organisations;

Disaster Management [No. 13 of 2010 89
0) emergency response resources and capacity in Zambia,
neighbouring countries and relevant international relief
agencies;
(k) emergency preparedness in the different institutions of
Government;
(1) each disaster, including the assessment of the Unit of the
disaster; and
(m) research and training facilities for diaster management
disciplines. The Unit shall take reasonable steps to ensure that the
database is electronically accessible to any person free of charge. Subsection (3) does not prevent the Unit from —
(a) establishing security safeguards to protect the database
from abuse; and
(1)) classifying parts of the database as restricted areas in
consultation with the Council, and limiting access to those
parts to persons authorised by the Council. PART III
PROVINCIAL DISASTER MANAGEMENT COMMITTEES
There is hereby established a Provincial Disaster
Management Committee in each of the Provinces of Zambia, which
shall be a sub-committee of the Provincial Development Co-
ordinating Committee.

saster
Management Committee in each of the Provinces of Zambia, which
shall be a sub-committee of the Provincial Development Co-
ordinating Committee.

(1) A Provincial Committee shall consist of the following
part-time members who shall be appointed by the Provincial
Permanent Secretary:
the Provincial Permanent Secretary, who shall be the
Chairperson;
seven representatives of the Government departments
in the Province;
three representatives of non-governmental organisations;
two representatives of the private sector; and
(e) two representatives of religious organisations. (2) The Provincial Disaster Management Co-ordinator shall
be the Secretary to the Provincial Committee. Establishment
of
Provincial
Disaster
Management
Committees
Composition
of Provincial
Committee

tor shall
be the Secretary to the Provincial Committee. Establishment
of
Provincial
Disaster
Management
Committees
Composition
of Provincial
Committee

90 No. 13 of 2010] Disaster Management
Functions of
Provincial
Committees
Provincial
Disaster
Management
Co-
ordinator
Proceedings
of
Provincial
Committees
(3) The Vice-Chairperson of the Provincial Committee shall be
elected by the Provincial Committee from among its members. 18. (1) Subject to the other provisions of thisAct, the Provincial
Committee shall oversee all disaster prevention, preparedness and
mitigation programmes in the Province and provide the link between
national level resources and functions of the districts.

evention, preparedness and
mitigation programmes in the Province and provide the link between
national level resources and functions of the districts.

(2) Notwithstanding the generality of subsection (1), the functions
of the Provincial Committee shall be to —
participate in risk analysis and vulnerability assessment;
prepare and consolidate provincial disaster management
plans in line with national development plans;
monitor the preparation and implementation of disaster
management plans and evaluate their impact;
monitor the implementation of district disaster management
plans;
mobilise provincial resources for prevention, mitigation,
preparedness, response and rehabilitation activities for
purposes of the Trust Fund;
collect and disseminate information on provincial disaster
management issues;
act as a channel for information between Central
Government and the districts;
promote and implement disaster management training at
provincial level and ensure that training programmes are
carried out at district level;
(i) promote public awareness at provincial and district levels;
6) perform emergency operations for the Province in times
of disasters;
(k) co-ordinate provincial level multi-sectoral input into national
disaster management plans; and
(1) act as a clearing house for information relating to early
warning. 19.

ial level multi-sectoral input into national
disaster management plans; and
(1) act as a clearing house for information relating to early
warning. 19.

There shall be a Provincial Disaster Management Co-
ordinator who shall be a public officer appointed by the Vice
President from among the public officers and shall provide technical
advisory support to Provincial, District and Satellite Committees. 20. The provisions of the Schedule apply to the Provincial
Committees.

de technical
advisory support to Provincial, District and Satellite Committees. 20. The provisions of the Schedule apply to the Provincial
Committees.

Disaster Management [No. 13 of 2010 91
PART IV
DISTRICT AND SATELLITE DISASTER MANAGEMENT COMMITTEES
21. (1) There is hereby established in each district a District
Disaster Management Committee, which shall be a sub-committee
of the District Development Co-ordinating Committee. (2) The District Committee shall consist of the following part-
time members who shall be appointed by the District Disaster
Management Co-ordinator:
the District Disaster Management Co-ordinator, who shall
be the Chairperson;
seven representatives of the Government departments in
the district;
all the members of Parliament in the district;
one representative of the Zambia Red Cross;
(e) one representative each of the non-governmental
organisations and community-based organisations
involved in disaster management in the district;
0) a representative of a religious organisation in the district;
and
(g) a representative of the Zambia Chambers of Commerce
and Industry
(3) The District Disaster Management Coordinator shall appoint
the secretary to the District Committee from among the members
of the District Committee.

) The District Disaster Management Coordinator shall appoint
the secretary to the District Committee from among the members
of the District Committee.

Establishment
of District
Disaster
Management
Committees
(4) The District Committee may co-opt other members as are
necessary for the performance of its functions under this Act. 22. (1) A District Committee shall deal with the impact of Functions of
disaster and co-ordinate operations of disaster preparedness, District
prevention and mitigation at the district level. Committees
(2) Without limiting the generality of subsection (1), the
functions of the District Committee shall be to —
prepare and update district multi-sectoral disaster
preparedness, prevention and mitigation plans for slow
and rapid-onset disasters;
act as a clearing house for information related to early
warning;

er
preparedness, prevention and mitigation plans for slow
and rapid-onset disasters;
act as a clearing house for information related to early
warning;

92 No. 13 of 2010] Disaster Management
Proceedings
of District
Committees
District
Disaster
Management
Co-ordinator
mobilise district resources for disaster management and
preparation of budgets;
implement district disaster management training
programs;
(e) ensure the efficient flow of information from the local
communities to Provincial level;
(/) participate in risk analysis and vulnerability assessment;
implement public information and public awareness
programs in the district;
co-ordinate district disaster management activities;
(i) assist the district offices in dealing with disaster
management; and
0) review and update district disaster plans during times of
non-emergency.

;
(i) assist the district offices in dealing with disaster
management; and
0) review and update district disaster plans during times of
non-emergency.

(3)A District Committee may, in consultation with the Unit
direct all institutions in the district to prepare for, prevent
or mitigate disasters;
request any person or institution in the district to provide
transport, any building, equipment, essential commodities
and other supplies in order to support the management
effort in the district;
direct any person, institution or organisation to provide
relevant information to support the preparation for,
prevention and mitigation of disasters; and
order persons to evacuate areas that are affected by, or
prone to, disasters and relocate them to safer areas. The provisions of the Schedule apply to the District
Committees. (1) There shall be a District Disaster Management Co-
ordinator, who shall be a public officer appointed by the Vice -
President from among the public officers and shall be responsible
for disaster management in the district.

be a public officer appointed by the Vice -
President from among the public officers and shall be responsible
for disaster management in the district.

(2) The functions of the District Disaster Management Co-
ordinator shall be to
provide, operate and co-ordinate all disaster management
services and activities within the district;
report to the Provincial Disaster Management Co-
ordinator on the progress and constraints in respect of
disaster management, disaster relief and post disaster
roles within the district;

nagement Co-
ordinator on the progress and constraints in respect of
disaster management, disaster relief and post disaster
roles within the district;

Disaster Management [No. 13 of 2010 93
establish, maintain and control organisations to deal with
disaster management in the district; and
during an emergency, set up a district emergency
operations centre for providing a working base for the
District Committee. (3) The District Disaster Management Co-ordinator shall
exercise the powers under this Act in consultation with the Unit,
the Zambia Police Force, the Zambia Defence Force and any other
institution involved in disaster management in the district. 25.

tation with the Unit,
the Zambia Police Force, the Zambia Defence Force and any other
institution involved in disaster management in the district. 25.

(1) Subject to the provisions of this Act, the District Disaster Powers of
Management Co-ordinator may — District
Disaster
take such measures as are necessary to deal with a state Management
of disaster in the district: Co-
Provided that such measures shall not deprive any ordinator
person of that person's life or personal liberty
and such measures are approved by the National
Co-ordinator;
request any person to supply any information concerning
the existence and availability of any service, facility or
asset whatsoever which could be used for, or in
connection with, disaster management, and which is
under the control, or in the possession of such person;
direct any person to maintain essential commodities and
equipment for use during a disaster-induced emergency
as may reasonably be expected to maintain; and
direct any person to perform any work or render any
service, which is necessary for the purpose of dealing
with the disaster;
A person aggrieved with an order of the District Disaster
Management Co-ordinator under subsection (1) may appeal in
writing to the Provincial Permanent Secretary.

ieved with an order of the District Disaster
Management Co-ordinator under subsection (1) may appeal in
writing to the Provincial Permanent Secretary.

The Provincial Permanent Secretary may, upon receipt of
an appeal under subsection (2), after giving the District Disaster
Management Co-ordinator an opportunity to be heard in the matter,
and after considering any representations submitted by the parties
to the matter, confirm, vary or set aside the order appealed against
or give such other direction as the Provincial Permanent Secretary
considers appropriate.

atter, confirm, vary or set aside the order appealed against
or give such other direction as the Provincial Permanent Secretary
considers appropriate.

94 No. 13 of 20101 Disaster Management
Satellite
Disaster
Management
Committees
Functions of
Satellite
Committee
Proceedings
of Satellite
Committees
26. (1) The District Disaster Management Coordinator shall
ensure that each village or cluster of villages within each chiefdom
has a permanently established Satellite Disaster Management
Committee elected by the local community in the area. (2) A Satellite Committee shall comprise not more than ten
part-time members as follows:
a representative of the traditional authority responsible
for the area;
at least three local persons trained in disaster
preparedness, prevention and mitigation, based on local
hazards;
one representative of any community-based organisation
operating in the area;
two women and two men from the local community;
(e) at least one youth to represent the youth population in
the area;
(i) a prominent business man or farmer; and
(g) a local representative of a non-governmental organisation
involved in disaster management or relief work in the
local community. (3) The members of the Satellite Committee shall elect the
Chairperson and Vice-Chairperson from amongst themselves. 27.

work in the
local community. (3) The members of the Satellite Committee shall elect the
Chairperson and Vice-Chairperson from amongst themselves. 27.

The functions of the Satellite Committee shall be to—
oversee disaster preparedness, disaster relief and post
disaster recovery activities of individuals and households
in the village or township under its jurisdiction;
identify vulnerable households and individuals;
sensitise the local community on the effects of disasters
and appropriate responses;
act as a clearing house for information related to early
warning;
(e) act as a primary responding and mitigation agent within
the existing resilience capacity of the community;
O7 participate in risk analysis and vulnerability assessments;
and
(g) act as the information and reporting channel for the
community with regard to disaster management issues
at the local level. 28. The provisions of the Schedule apply to the Satellite
Committees.

for the
community with regard to disaster management issues
at the local level. 28. The provisions of the Schedule apply to the Satellite
Committees.

Disaster Management [No. 13 of 2010 95
29. (1) Any person, private enterprise or non-governmental
organisation may, in the prescribed manner and form, volunteer
to—
provide or assist in the provision of any disaster
management service in any district; and
perform, within any district, any function connected with
disaster management as determined by the District
Committee. (2) The President may, by statutory instrument, make regulations
to —
regulate the service of volunteers under this Act;
provide for the procedure, criteria, type and the
determination of compensation to be given to a volunteer
for any disability or injury during the provision of
volunteer services under this Act; and
(c) provide for any other matter relevant for the effective
delivery of volunteer services. PART V
THE NATIONAL DISASTER RELIEF TRUST FUND
30. (1) There is hereby established the National Disaster Relief
Trust Fund.

ery of volunteer services. PART V
THE NATIONAL DISASTER RELIEF TRUST FUND
30. (1) There is hereby established the National Disaster Relief
Trust Fund.

(2) The Trust Fund shall consist of—
such moneys as Parliament may appropriate for the
purpose of the Trust Fund;
voluntary contributions to the Trust Fund from any person
or organisation;
any grants mobilised from any source within or outside
Zambia for the purpose of disaster management; and
interest arising out of any investment of the Trust Fund. (1) The Trust Fund shall be vested in the Minister
responsible for finance and shall be managed and administered by
the Unit. (2) The Technical Committee shall develop guidelines for the
disbursements from the Trust Fund. The Trust Fund shall be used for—
(a) the provision of essential commodities and other relief to
victims of any disaster, hazard or emergency;
Disaster
management
volunteers
National
Disaster
Relief Trust
Fund
Administration
and
management
of Trust
Fund
Application
of Trust
Fund

or emergency;
Disaster
management
volunteers
National
Disaster
Relief Trust
Fund
Administration
and
management
of Trust
Fund
Application
of Trust
Fund

96 No. 13 of 20101 Disaster Management
Financial
year
Statement of
income and
expenditure
Annual
report
the restoration, reconstruction and rehabilitation of areas
affected by any disaster, hazard or emergency;
the payment of any compensation due to a person under
this Act;
the operations of the Provincial Committees, District
Committees and Satellite Committees in the
management of disasters in their areas; and
any other matter relating to the preparedness, prevention,
mitigation of, and recovery from, disasters. The financial year of the Trust Fund shall be the period of
twelve months ending on 31st December in each year. (1) The Unit shall cause to be prepared proper books of
accounts and other records relating to the Trust Fund
(2) The Minister responsible for finance shall cause to be
prepared an annual statement of the income and expenditure of
the Trust Fund to be laid before the National Assembly. 35.

or finance shall cause to be
prepared an annual statement of the income and expenditure of
the Trust Fund to be laid before the National Assembly. 35.

As soon as practicable after the close of the financial year,
but not later than three months thereafter, the Unit shall present to
the Technical Committee a report on —
its activities during the year;
the results of its monitoring of prevention and mitigation
initiatives;
disasters that occurred during the year in the country, the
classification, magnitude and severity of the disasters
and the effects they had;
constraints in dealing with disasters or generally in
implementing this Act; and
(e)any other matter of public interest and concern in relation
to disaster management. Declaration
of national
disasters
and disaster
areas
PART VI
DECLARATION OF D ISASTERS AND DISASTER AREAS
36. (1) The Council shall, where it has reasonable grounds to
believe that an emergency or a situation aggregating to a disaster
exists in any area, inform the President accordingly.

it has reasonable grounds to
believe that an emergency or a situation aggregating to a disaster
exists in any area, inform the President accordingly.

Disaster Management [No. 13 of 2010 97
The President may, upon receipt of the information from the
Council under subsection (1), if the President considers that the
emergency or situation referred to in that subsection is of such
nature and extent that exceptional measures are necessary to assist
and protect the public or property in the area, or that circumstances
are likely to arise making such measures necessary, by notice
published in the Gazette, declare the situation or emergency a state
of disaster and the area in which the emergency or situation exists,
to be a disaster area. The declaration of a state of disaster shall remain in force
for a period of three months and may be extended accordingly for
a like period. 37.

area. The declaration of a state of disaster shall remain in force
for a period of three months and may be extended accordingly for
a like period. 37.

(1) Where a declaration of a state of disaster is declared
under section thirty-six, the President, in consultation with the
Council, may make regulations relating to—
the release of any available resources including stores,
equipment, vehicles and facilities;
the release of personnel of a State organ or institution for
the rendering of emergency services;
the implementation of all or any of the provisions of a
national disaster management plan that are applicable
in the circumstances;
the evacuation to temporary shelters of all or part of the
population from the disaster-stricken or threatened area
if such action is necessary for the preservation of life;
(e) the regulation of traffic to, from or within the disaster-
stricken or threatened area;
(fi the regulation of the movement of persons and goods to,
from or within the disaster stricken or threatened area;
(g) the control and occupancy of premises in the disaster-
stricken or threatened area;
at) the provision, control or use of temporary emergency
accommodation;
(i) the suspension or limiting of the sale, dispensing or
transportation of alcoholic beverages in the disaster-
stricken or threatened area;
U) the maintenance or installation of temporary lines of
communication to, from or within the disaster area;
(k) the dissemination of information required for dealing with
the disaster;
Regulatory
powers in
state of
disaster

from or within the disaster area;
(k) the dissemination of information required for dealing with
the disaster;
Regulatory
powers in
state of
disaster

98 No. 13 of 2010] Disaster Management
(1) emergency procurement procedures;
the facilitation of response and post-disaster recovery
and rehabilitation;
other steps that may be necessary to prevent an escalation
of the disaster, or to alleviate, contain and minimise the
effects of the disaster; or
(o) steps to facilitate international assistance. (2) The powers referred to in subsection (1) may be exercised
only to the extent that this is necessary for the purpose of
assisting and protecting the public;
providing relief to the public;
protecting property;
preventing or combating disruption; or
(e) dealing with the destructive and other effects of the
disaster. National
disaster
management
plans
PART VII
NATIONAL DISASTER MANAGEMENT PLANS
38. (1) The Unit shall prepare national disaster management
plans which the Vice-President shall submit to the Council for
approval.

MANAGEMENT PLANS
38. (1) The Unit shall prepare national disaster management
plans which the Vice-President shall submit to the Council for
approval.

(2) A national disaster management plan referred to under
subsection (1) shall
facilitate requirements for disaster management including
mitigation, preparedness, response and recovery
measures;
facilitate community participation in disaster management;
place emphasis on measures that reduce the vulnerability
of disaster-prone areas, communities and households;
take into account indigenous knowledge relating to disaster
management;
promote disaster management research; and
provide for any other matters as are relevant for purposes
of this Act. (3) A national disaster management plan shall be supported
by a disaster management manual containing the details,
responsibilities and procedures for disaster management.

er management plan shall be supported
by a disaster management manual containing the details,
responsibilities and procedures for disaster management.

Disaster Management [No. 13 of 2010 99
A national disaster management plan and a disaster
management manual shall be reviewed and updated by the National
Co-ordinator once a year or as necessary, particularly at the end of
a state of disaster, and the National Co-ordinator shall make
recommendations for any amendments to the Technical Committee
for approval by the Council. The National Co-ordinator shall prepare disaster response
plans at national level, while the Provincial Permanent Secretaries
and the District Disaster Management Co-ordinators shall prepare
plans for the Province and district. The Zambia Defence Force and the Zambia Police Force
shall prepare plans to provide assistance to the civil authorities or
the civilian population, which plans shall be based on the National
Disaster Management Plan and shall be incorporated in the plan
referred to in subsection (1) as appropriate.

hich plans shall be based on the National
Disaster Management Plan and shall be incorporated in the plan
referred to in subsection (1) as appropriate.

Where a state of disaster is declared under section thirty-
six—
the National Co-ordinator shall activate an appropriate
national disaster response plan;
each Provincial Permanent Secretary shall activate an
appropriate provincial disaster response plan for the
Province and, following its approval by the Technical
Committee, shall implement and maintain that plan; and
(c) the District Disaster Management Co-ordinator shall
activate an appropriate district disaster response plan
for the district and, following its approval by the
Provincial Committee, shall implement and maintain that
plan. During a state of disaster, the National Co-ordinator shall
prepare a post-disaster, re-construction, rehabilitation and recovery
plan, and after its approval by the Council, shall implement and
maintain that plan at national, provincial and district level.

ilitation and recovery
plan, and after its approval by the Council, shall implement and
maintain that plan at national, provincial and district level.

(1) AGovernment Ministry or depai Intent, statutory body,
institution, agency, local authority, company, person or other body
operating, or providing services, in the mining, manufacturing,
engineering, agriculture, environment, infrastructure, energy,
communications, meteorology, health, science, technology, education,
water, sanitation, housing, food and nutrition fields or sectors shall
prepare a sector disaster management plan. (2) Without limiting the generality of subsection (1), the
organisations referred to under subsection (1) shall —
Post disaster
reconstruction,
rehabilitation
and recovery
plan
Sector
disaster
management
plans

organisations referred to under subsection (1) shall —
Post disaster
reconstruction,
rehabilitation
and recovery
plan
Sector
disaster
management
plans

100 No. 13of 2010] Disaster Management
prepare and consolidate their sector disaster management
plans in line with the national disaster management
plans;
prepare and regularly update and review sectoral disaster
preparedness, prevention and mitigation plans for slow
and rapid on-set disasters;
allocate and mobilise resources for the implementation of
their sector disaster management plans; and
in any other manner, prepare for, prevent or mitigate
disasters in their field of operation. (3) A plan prepared under subsection (1) shall —
include mitigation, preparedness, response and recovery
measures; and
be submitted to the Unit for approval before its
implementation by the respective institution.

tion, preparedness, response and recovery
measures; and
be submitted to the Unit for approval before its
implementation by the respective institution.

(4) The Unit shall
develop guidelines for the preparation, and regular review
and updating of disaster management plans and
strategies;
assist in the preparation, review and alignment of sector
disaster management plans;
develop guidelines for the integration of the concept and
principles of disaster management, and particularly
strategies on prevention and mitigation with national
development plans, programmes and initiatives; and
monitor the preparation and implementation of any plan
prepared under this section and evaluate its impact. General
offences
PART VIII
GENERAL PROVISIONS
41. A person who —
delays or obstructs any officer in the performance of the
officer's functions under this Act;
refuses to give an officer such reasonable assistance as
the officer may require for the purpose of exercising
the officer's functions;

nder this Act;
refuses to give an officer such reasonable assistance as
the officer may require for the purpose of exercising
the officer's functions;

Disaster Management [No. 13 of 2010 101
knowingly gives an officer false or misleading information
in answer to an inquiry made by the officer; or
wilfully fails to prepare a plan as required under section
forty;
commits an offence and is liable, upon conviction, to a fine
not exceeding two hundred thousand penalty units or to
imprisonment for a period not exceeding two years, or
to both,
42. (1) The President may, by statutory instrument, after Regulations
consultation with the Council, make regulations for giving effect to
the purposes and provisions of this Act.

statutory instrument, after Regulations
consultation with the Council, make regulations for giving effect to
the purposes and provisions of this Act.

(2) Without prejudice to the generality of subsection (1), the
regulations made under that subsection may make provision for —
the preparation and implementation of disaster
management plans and the contents thereof;
the involvement and participation of the public and other
organisations or entities in disaster management;
the preparation and implementation of the sector disaster
management plans and the contents thereof, and the
sectors or field for which sector-disaster management
plans should be prepared;
the mitigation, preparedness, response and recovery
programmes or measures to be undertaken for disasters,
hazards or emergencies involving Zambia and any
neighbouring country;
(e) the minimum standard of preparedness to be established
and implemented by ministries, industries and
organisations; and
(I) any other matter which is relevant to give effect to the
provisions of this Act.

and implemented by ministries, industries and
organisations; and
(I) any other matter which is relevant to give effect to the
provisions of this Act.

102 No. 13 of 20101 Disaster Management
SCHEDULE
(Sections 12, 20, 23 and 28)
ADMINISTRATIVE PROVISIONS
Proceedings 1. (1) Subject to the other provisions of this Act, the Committee
of may regulate its own procedure. Committee (2) The Committee shall meet for the transaction of business,
at least once in every three months at such places and times as the
Chairperson may determine, and may meet as often as its business
requires. Upon giving notice of not less han fourteen days, a meeting
of the Committee may be called by the Chairpersonand shall be
called by the Chairperson if not less than one third of'the members
so request in writing:
Provided that if the urgency of any particular matter does
not permit the giving of such notice, a special meeting may
be called upon a shorter notice given by live members of the
Committee. The quorum at a meeting of the Committee shall be one half
of the members.

may
be called upon a shorter notice given by live members of the
Committee. The quorum at a meeting of the Committee shall be one half
of the members.

(5) There shall preside at any meeting of the Committee
the Chairperson:
in the absence of the Chairperson, the Vice-Chairperson;
and
(c) in the absence of both the Chairperson and the Vice-
Chairperson, such member as the members present
may elect from amongst themselves for the purpose of
that meeting. (6)A decision of the Committee on any question shall be by a
majority of votes of the members present and voting at the meeting
and,in t e event of an equality of votes, the person presiding at the
meeting shall have, in addition to a deliberative vote, a casting
vote. (7) Where a member is for any reason unable to attend any
meeting of the Committee, the member may, in writing , nominate
another person from the same institution to attend such meeting in
that member 's stead and such person shall be deemed to be a
member for the purpose of that meeting. (8).The Committee may invite any person whose presence is in
its opinion desirable to attend and to participate in the deliberations
of a meeting of the Committee but such person shall have no vote.

esence is in
its opinion desirable to attend and to participate in the deliberations
of a meeting of the Committee but such person shall have no vote.

The validity of any proceedings, act or decision of the
Committee shall not be affected by any vacancy in the membership
of the Committee or by any detect in the appointment of any
member or by reason that any person not entitled to do so, took
part in the proceedings. The Committee shall cause minutes to be kept of the
proceedings of every meeting of the Committee and every meeting
of any sub-committee established by the Committee. 2. (1) The Committee may, for the purpose of performing its
functions under this Act, appoint sub-committees and delegate to
the sub-committees such of functions as it thinks fit. (2)The Committee may appoint as members of a sub-committee
constituted under sub-paragraph (1), persons who are or are not
members of the Committee and such persons shall hold office for
such period as the Committee may determine. Sub-
Committees

persons who are or are not
members of the Committee and such persons shall hold office for
such period as the Committee may determine. Sub-
Committees

Disaster Management No. 13 of 2010 103
(3) Subject to this Act, a sub-committee may regulate its own
procedure. 3. The office of a member becomes vacant—
upon the member's death;
if the member is adjudged bankrupt;
upon the expiry of one month's notice of the member's
intention to resign from office, given by the member in
writing to the Committee;
if the member becomes mentally or physically incapable
of performing the duties of a member of the Committee
or sub-committee;
(e) if the member ceases to be a member of the institution
which nominated the member; or
(/) if the member is convicted of an offence under this Act or
any other law. 4. (1) If a member or person is present at a meeting of the
Committee or a sub-committee at which any matter, in which that
person or any member of the person's immediate family, is directly
or indirectly interested in a private capacity, is the subject of
consideration, that person or member shall, as soon as is practicable
after the commencement of the meeting, disclose that interest and
shall not take part in any consideration or discussion of, or vote on,
any question relating to, that matter.

the meeting, disclose that interest and
shall not take part in any consideration or discussion of, or vote on,
any question relating to, that matter.

(2) A disclosure of interest made under this paragraph shall be
recorded in the minutes of the meeting at which it is made. 5. (1) A person shall not, without the consent in writing given
by, or on behalf of, the Committee, publish or disclose to any
unauthorised person, otherwise than in the course of duties of that
person, the contents of any document, communication or information
whatsoever, which relates to, or which has come to the knowledge
of that person in the course of that person's duties under this Act. (2) A person who contravenes sub-paragraph (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. (3)Aperson who, having any information which to the knowledge
of that person has been published or disclosed in contravention of
sub-paragraph (1), unlawfully publishes or communicates the
information to any other person, commits an offence and is liable,
upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a term not exceeding two years,
or to both.

liable,
upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a term not exceeding two years,
or to both.

Tenure of
office and
vacancy
Disclosure
of interest
Prohibition
of
publication
of, or
information
to
unathorisation
persons

104 No. 13 of 20101 Disaster Management
Immunity of
member of
committee
or sub-
committee
6. An action or other proceeding shall not lie or be instituted
against a member of the Committee or a sub-committee for, or in
respect of, any act or thing done or omitted to be done in good
faith in the exercise or performance, or purported exercise or
performance, of any of the powers, functions or duties conferred
under this Act.