Purpose
1. The purpose of this chapter is to outline major factors which apply to disaster legislation. The chapter covers the following:
• need for and value of legislation;
• main areas covered by legislation, using a first draft as an illustration; and
• examples of existing legisla...
Purpose
1. The purpose of this chapter is to outline major factors which apply to
disaster legislation. The chapter covers the following:
• need for and value of legislation;
• main areas covered by legislation, using a first draft as an
illustration; and
• examples of existing legislation.
Acknowledgment for Use
of Existing Legislation
2. The chapter quotes existing legislation of the Cook Islands, Papua
New Guinea, and the State of Queensland in Australia.
3. Thanks are expressed to these governments for permitting their
legislation to be included in this handbook.
The Need for and Value of Legislation
4. Chapters 1–6 of this handbook cover only some limited aspects of
disaster management. However, they are sufficient to illustrate the wide
repercussions which disaster can have, both nationally and internationally.
For instance, a random sample taken from the aforementioned chapters
indicates that disaster may cause:
• the fall of governments because of inadequacies in disaster management;
• national loss and damage on a crippling scale;
• problems with international assistance programs;
• delays in national development;
• severe human trauma, hardship, and suffering; and
• widespread destruction of and damage to the environment.
,5. A large proportion of disaster-related matters are outside the normal
pattern of life. While many, such can be predicted with reasonable accuracy
(e.g., the effects of a particular type of disaster), others may be unforeseen.
To deal effectively with disaster, therefore, requires a carefully calculated
and accurate approach, culminating in a series of countermeasures which
involve the government, nongovernment agencies, private sector, and the
general public. Seen in this combined and concerted light, counter-disaster
action would certainly seem to benefit from an appropriate form of legal
backing. In fact, there are very many instances on record where the lack of
disaster legislation caused problems and difficulties. Conversely, no cases
are known where the existence of such legislation proved to be a hindrance
or constraint.
6. Some of the values of legislation are as follows:
• Legislation provides a formal basis for counter-disaster action
generally. In other words, it formally supports plans,
organizational arrangements, preparedness measures, response
action, and so on.
• Legislation allocates major responsibilities in legal form. This
helps ensure that such responsibilities will be properly
implemented.
• Legislation can be made to have a uniform national effect, thus
ensuring that all levels of the national counter-disaster structure
receive the full benefit of its support.
• Disaster legislation does not need to be complicated to be
effective. It provides commonsense backing for commonsense
requirements.
• Legislation provides a wide measure of protection for:
– governments that are usually charged with the responsibility
for safeguarding the nation and its citizens, as far as possible,
from the effects of disaster;
– organizations and individuals who are required to carry out
counter-disaster activities; and
– organizations and individuals who may be affected in various
ways by disaster.
• Disaster legislation does not have to conflict with other legislation,
such as emergency powers.
Main Areas Covered by Legislation
7. Disaster legislation can vary according to differing requirements
and national systems. However, certain main areas are common to most
circumstances, as will be evident from the factual examples quoted later in
this chapter.
, 8. At the same time, a common factor in producing legislation is some
initial difficulty in deciding exactly what is to be covered. A useful approach,
therefore, is for disaster management officials to define this coverage in the
first instance and then for legal officials to convert it into legal form.
9. Below is an example of the initial draft of a national disaster act, as
produced by disaster management officials. This is, of course, only one way
of presenting such a draft. Its purpose is to provide a general guide only.
Sample Draft of a National Disaster Act
DRAFT
First Revision
10 Nov 1998
GOVERNMENT OF EXLAND
NATIONAL DISASTER ACT
1999
PART 1 – PRELIMINARY
Purpose
1. The purpose of this Act is to provide for the
organization and management which is necessary to
ensure mitigation of, preparedness for, response to, and
recovery from disasters.
Commencement
2. This Act comes into force when approved by Parliament.
Definitions
3. In this Act, the following definitions apply:
“Agency” means a government agency or a
nongovernment agency. “Disaster” means the actual or
imminent occurrence of an event which endangers or
threatens to endanger the safety or health of any
communities or persons in Exland. or which destroys, or
damages, or threatens to destroy or damage any property
in Exland, arising from:
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