[This is the version of this document at 1 January 2019.]
AN ACT to provide for the effective organisation of the preparedness, management, mitigation of, response to and recovery from emergencies and disasters natural and man-made in Antigua and Barbuda.ENACTED by the Parliament of Antigua and Barbuda as follows -
Part I – PRELIMINARY
1. Short Title and Commencement
(1)This Act may be cited as the Disaster Management Act 2002(2)This Act comes into force on such date as the Minister may by Notice published in the Gazette appoint.
2. Interpretation
In this Act, unless the context otherwise requires -"Act" includes Regulations made under the Act;"Director" means the person appointed as Director of Disaster Preparedness and Response under section 3;"disaster emergency" means a public emergency declared under section 20 of the Constitution or a state of emergency declared under section 2 of The Emergency Powers (Hurricane, Earthquake, Fire or Flood) Act, Cap. 148 on account of the threat or occurrence of a disaster;"hazard inspector" means the person appointed or designated as a hazard inspector under section 3;"listed premises" means premises listed in the shelters list;"National Advisory Committee" means the National Disaster Preparedness and Response Advisory Committee established under section 6;"National Emergency Operations Centres" means the National Emergency Operation Centres and any other supplementary operation or facilities established and maintained under section 9;"Policy Review" means the Disaster Preparedness and Response Policy Review prepared under section 7 (1);"shelter manager" means the person appointed or designated as a shelter manager under section 3;"shelter officer" means the person appointed or designated as a shelter officer under section 3;"shelters list" means the list of premises established and maintained under section 10;"special area precautionary plan" means a special area precautionary plan prepared under section 16 (1);"statutory board" means a Board, committee or other group which is under any statute responsible for the direction, governing or control of any entity other than a Ministry or Department of Government and a majority of the membership of which Board, committee or other group would under any Act be constituted by persons to be appointed to that Board, committee or other group by a Minister or public officer and by Ministers and public officers who are ex oficio members of that Board, committee or other group;"statutory body" means an entity which has been established by or under any Act and which is directed or governed by either a public officer or an officer appointed by a Minister or public officer or a statutory Board or an officer appointed by the Minister or the Cabinet.
Part II – DIRECTOR OF DISASTER PREPAREDNESS AND RESPONSE
3. Director of Disaster Preparedness and Response
(1)There shall be a Director of Disaster Preparedness and Response, who shall be a public officer.(2)The Director may be assisted by such number of public officers or other persons as may be appointed or designated for the purpose, including public officers appointed or designated to discharge the functions of hazard inspectors, shelter managers or officers under this Act.(3)The Director, any deputy or assistant director, any police officer or any member of Antigua and Barbuda Defence Force, shall have all the enforcement powers of a hazard inspector, shelter manager or shelter officer under sections 30 and 35 (3) (b).
4. Functions of the Director
(1)The Director shall, subject to section 5, be responsible to the Prime Minister for co-ordinating the general policy of the Government of Antigua and Barbuda relating to the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Antigua and Barbuda.(2)The Director shall, for the purposes of subsection (1) and in addition to discharging other functions conferred on the Director by this Act or any other law -(a)review and appraise the various programmes and activities of the Government in the light of the policy of this Act for the purpose of determining the extent to which the programmes and activities are contributing to the achievement of the policy, and to make recommendations to the Prime Minister with respect thereto;(b)develop and recommend to the Prime Minister national policies to foster and promote the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Antigua and Barbuda;(c)co-operate with non-governmental organizations and other private sector entities to develop and draw up a comprehensive plan for response to and recovery from emergencies and disasters in Antigua and Barbuda;(d)gather timely and authoritative information concerning the conditions and trends in the quality of the environment, both current and prospective, as these relate to the likelihood of disasters in Antigua and Barbuda;(e)analyse and interpret the information gathered under paragraph (c) for the purpose of determining whether such conditions and trends are interfering, or are likely to interfere, with the achievement of the policy of this Act;(f)conduct investigations, studies, surveys, research and analyses relating to ecological systems and environmental quality and document and define changes in the natural environment as these relate to the llkellhood of disasters in Antigua and Barbuda;(g)prepare and review hazard risk assessment maps of Antigua and Barbuda;(h)conduct programmes of public information and education on the mitigation of, preparedness for, response to and recovery from emergencies and disasters;(i)liaise with persons and organisations within and without Antigua and Barbuda for the purpose of exchanging information and facilitating the harmonisation of the policies of those persons and organisations with the policies of the Government of Antigua and Barbuda relating to the prevention and mitigation of, preparedness for, response to and recovery from emergencies and disasters in Antigua and Barbuda;(j)provide technical advice on draft regulations, whether under this Act or any other legislation, relating to the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Antigua and Barbuda.
5. Ministerial directions to Director.
The Director shall be subject to such directions of a special or general character given by the Prime Minister in relation to the policy to be followed in the exercise of the powers conferred and the duties imposed on him by or under this Act as the Prime Minister gives on any matter that affects the public interests of Antigua and Barbuda, and the Director shall give effect to all such directions.
Part III – NATIONAL DISASTER PREPAREDNESS AND RESPONSE ADVISORY COMMITTEE, POLICY REVIEW AND PLAN
6. National Disaster Preparedness and Response Advisory Committee
(1)There is established a National Disaster Preparedness and Response Advisory Committee comprising -(a)the Prime Minister as Chairperson;(b)the Minister responsible for public safety;(c)a Minister or public officer nominated by the Prime Minister to serve as Chairperson in the absence of the Prime Minister from any meeting;(d)such other members as may be nominated by the Prime Minister to represent -(i)the Police Force;(ii)the Antigua and Barbuda Defence Force;(iii)the Fire Service;(iv)Meteorological department;(v)The Antigua Public Utilities Authority;(vi)the Ministry responsible for Public Health;(vii)the Ministry responsible for the Public Safety;viii)the Ministry responsible for the Environment;(ix)the Ministry responsible for Public Works;(x)the Ministry responsible for Local Government;(xi)such other Ministries, Departments of Government and statutory bodies as the Prime Minister thirks fit; and(xi)such other persons or organisations, including non-governmental organisations, as the Prime Minister thinks fit who volunteer or are required by law to perform functions related to the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Antigua and Barbuda.(2)The Chairman or alternate Chairman and any four other members of the National Advisory Conlmittee shall constitute a quorum for meetings of the Committee.(3)The Director of Disaster Preparedness and Response shall be the Secretary of the National Advisory Committee.(4)The Director shall in consultation with the National Advisory Committee establish other committees and sub-committees charged with particular responsibilities, whether defined by geographical area or otherwise, in relation to the response to emergencies and disasters in Antigua and Barbuda, which other committees and sub-committees shall be available to be convened whenever a threatened disaster alert arises or a disaster strikes.(5)The National Advisory Committee and any other Committee under subsection (4) may, subject to Rules under section 35 (1) (a) and to this Act, determine its own procedure.
7. Disaster Preparedness and Response Policy Review
(1)The Director shall, within three months after the end of every calendar year, prepare for the approval of the Prime Minister, a Disaster Preparedness and Response Policy Review related to the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Antigua and Barbuda.(2)The Director shall consult the National Advisory Cornmittee in the preparation of the Policy Review.(3)The Policy Review approved by the Prime Minister shall be published in the Gazette by the Director not later than 31st May of each year.
8. National Disaster Preparedness Response Plan
(1)The Director shall prepare annually for the approval of the Prime Minister, the National Disaster Response Plan, comprising the statement of the contingency arrangements under the co-ordination of the Director for responding to the threat or event and aftermath of a disaster in Antigua and Barbuda whether or not the threat or the disaster is such as to prompt the declaration of a disaster emergency.(2)The National Disaster Preparedness Response Plan shall include -(a)procedures related to disaster preparedness and response of public officers, Ministries and Departments of Government, statutory bodies, local gov-ernment authorities, and persons or organisations who volunteer or are required by law to perform functions related to mitigation of, preparedness for, response to and recovery from emergencies and disasters in Antigua and Barbuda;(b)procedures for co-ordinating the national disaster response plan and its irnplenlentation with the preparation and implementation of disaster response plans of persons and bodies under paragraph (a);(c)procedures for informing persons under paragraph (a) and the public in Antigua and Barbuda and elsewhere of the existence of a threatened disaster alert under section 27 or the existence of a disaster emergency;(d)procedures for preparing and maintaining inventories of services, systems and supplies for the mitigation of, preparedness for, response to and recovery from emergencies and disasters during a threatened disaster alert under section 27 or the existence of a disaster emergency;(e)procedures for mobilising services and systems for the mitigation of, preparedness for, response to and recovery from emergencies and disasters during a threatened disaster alert under section 27 or the existence of a disaster emergency, including procedures for the manning of Emergency Operations Centres and for the protection of the family and property of persons required for the purpose of manning such centres or required otherwise to perform other du-ties of protecting the public;(f)procedures for the protection and restoration of communications, both nationally and internationally, during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;(g)procedures for informing persons under paragraph (a) and the public in Antigua and Barbuda and elsewhere of the state of affairs during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;(h)procedures for the release, distribution and replenishment of emergency stores of supplies of food, water, clothing and medical supplies during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;(i)procedures for safeguard against fire and epidemics during threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;(j)procedures for the provision of shelter for persons during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;(k)procedures for co-operation with international organisations and governments of countries outside Antigua and Barbuda during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;(l)procedures for accepting and facilitating the distribution of volunteer services and relief supplies during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;(m)procedures to apply in the event that the evacuation of all the residents of any area is considered to be desirable in the event of a disaster emergency;(n)procedures to apply in the event that the requisitioning of private property is considered to be desirable in the event of a disaster emergency, including procedures for assessing and paying compensation; and(o)procedures for protecting life and property from the dangers of looting and riotous behaviour in the event or the aftermath of a disaster emergency.(3)The Director shall consult the Advisory Committee in the preparation of the National Disaster Preparedness Response Plan.
Part IV – EMERGENCY OPERATIONS CENTRES AND SHELTERS
9.
The Director shall be responsible for the establishment and maintenance of a National Emergency Operations Centre to function as the headquarters of the activities undertaken in response to a disaster emergency, and may establish and maintain supplementary Emergency Operations Centres or facilitate the establishment and maintenance of such supplementary Emergency Operations Centres, whether distributed according to geographical location or otherwise, by persons or bodies under section 8
10.
(1)The Director shall establish and maintain a list of premises available for and suitable for use as shelters during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency.(2)The Director shall in the list of premises established and maintained under subsection (1) -(a)distinguish between premises in Crown occupation and other premises;(b)specify the facilities available at each premises;(c)indicate the suitability of each premises for use during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency; and(d)indicate the periods for which each premises would be suitable for use during a threatened disaster alert declared by the Governor-General or the aftermath of a disaster emergency.(3)The Director shall, subject to subsection (4), assign to each listed premises a shelter manager charged with the responsibility of managing the shelter during any period where the building is being used for that purpose, and may assign shelter officers to assist any shelter manager.(4)Where a listed premises is not in Crown occupation, the designation of a shelter manager or shelter officer for such premises shall be subject to agreement between the occupier of the premises and the Director.(5)The owner or occupier of a listed premises shall not be liable to any person taking shelter on the premises for any injury to such person or damage to or loss of any person's property, which injury, damage or loss arises from the condition of the premises, where the use of the premises for shelter was within the listed limits of suitability of the premises under subsection (2).(6)The provisions of subsection (5) are without prejudice to any other right or remedy which the person suffering damage or loss may have -(a)other than a right or remedy against the owner or occupier of the premises; or(b)against the owner or occupier of the premises for damage or loss arising otherwise than from the condition of the premises.
Part V – OBLIGATIONS OF OTHER PUBLIC OFFICERS
11.
Every Permanent Secretary and Head of a Department of Government shall ensure that there is at all times a public officer of his Ministry or Department designated as the liaison officer for communication with the Director in relation to the procedures of the Ministry or Department under section 8 (2) (a).
12.
Every Permanent Secretary and Head of a Department of Government shall supply annually to the Director in such form and by such date as may be required by the Prime Minister such information as may be requested by the Director for the purposes of sections 4 (2) (a) and 8 (2).
13.
(1)Before any person, other than the Director of Public Director to be Prosecutions, a judge or magistrate exercises any disaster preparedness and response related powers under this Act or any other Act, that person shall subject to subsections (2) to (4) consult the Director.(2)The obligation to consult under subsection (1) shall not apply -(a)during a disaster emergency, where the person exercising the powers under subsection (1) considers that the urgency of the matter or difficulties of logistics makes such consultation impracticable; or(b)in respect of the exercise of any power in relation to which a waiver by the Director of his right to be consulted is in effect under subsection (3).(3)The Director may, with the approval of the Prime Minister, waive his right to be consulted, and any such waiver shall take effect when the Prime Minister shall have notified that waiver by Order published in the Gazette.(4)A waiver under subsection (3) may relate to the exercise of any power or category of powers or to the exercise of a power in a specific instance.
14.
Any power under any law to require an environmental impact assessment is, whether such power is expressed or implied, a disaster preparedness and response related power for the purposes of section 13 (1).
Part VI – SPECIALLY VULNERABLE AREAS
15.
(1)The Prime Minister may, on the recommendation of the Director, designate specially vulnerable areas for the purposes of the mitigation of, preparedness for, response to and recovery from emergencies and disasters by delimiting such areas under this section.(2)The Director shall prepare for the approval of the Prime Minister a draft Order delimiting any specially vulnerable area that the Director recommends for designation under subsection (1).(3)Before approving the draft Order delimiting a specially vulnerable area, the Prime Minister may arrange for a public consultation to be held in conformity with the provisions of the First Schedule, at which the Director shall present the draft Order for discussion and comment.(4)The Prime Minister may combine a public consultation under this section with a public consultation under section 18 (1).(5)After any public consultation has been held, the Prime Minister may, if he decides to accept the Director's recomrnendation for the designation of the area, consider what revisions ought to be made of the draft Order and shall settle the delimitation of the specially vulnerable area by making the Order and publishing it in the Gazette.
16.
(1)The Director may prepare for the Prime Minister's approval a draft special area precautionary plan for a specially vulnerable area under section 15 (1).(2)A special area precautionary plan may include -(a)strategies, policies and standards for development and for maintenance of structures in the specially vulnerable area or any proposed such area;(b)stzndards for environmental impact assessment for contemplated development in the specially vulnerable area; and(c)provisions designating any part of the specially vulnerable area as a prohibited area for navigation or for the purpose of removing vegetation, sand, stones, shingle or gravel.(3)A special area precautionary plan may communicate strategies, policies, standards or designations by means of maps and diagrams.
17.
(1)The Director shall by notice in the Gazette and at least Draft special area one newspaper published in Antigua and Barbuda invite submissions from the public relating to the contents of a draft specia1 area precautionary plan.(2)The Director shall allow a period of not less than four weeks and not more than eight weeks for the receipt by him of such submissions.(3)From the date of the invitation to the public under subsection (I), the Director shall on written application by any person permit access to any technical studies used in the preparation of the draft special area precautionary plan.
18.
(1)When the draft special area precautionary plan is presented to the Prime Minister for approval, the Prime Minister may, unless he considers that the objectives of the draft plan have already been met under the provisions of other legislation, plan, arrange for a public consultation to be held in conformity with the provisions of the First Schedule, at which the Director shall present the draft plan for discussion and comment.(2)The Prime Minister may combine a public consultation under this section with a public consultation under section 15 (3).
19.
After a public consultation has been held, the Director shall consider what, if any, revisions ought to be made in the draft special area precautionary plan in the light of the proceedings of the public consultation, and resubmit the draft plan to the Prime Minister with such revisions, if any.
20.
The Prime Minister may -(a)approve the resubmitted draft special area precautionary plan by Order subject to affirmative resolution; or(b)refer the draft plan to the Director for such changes as the Prime Minister may require, in whlch event the Director shall make the changes as required and re-submit the draft plan to the Prime Minister.
21.
(1)The draft special area precautionary plan approved under section 20 (1) (a) shall when published in the Gazette become the special area precautionary plan for the specially vulnerable area until a new amended special area precautionary plan is approved under this Act.(2)A special area precautionary plan does not authorise any development which would not be permitted under the Physical Planning Act or any other Act in force in Antigua and Barbuda.
22.
Any person or authority exercising any function under this Act and any function under any other Act affecting the conservation and management of the resources of the specially vulnerable area shall have regard to the special area precautionary plan.
23.
(1)The Director may with the approval of the Prime Minister at any time prepare draft proposals for amending the Order delimiting the specially vulnerable area.(2)The amendment of the Order delimiting the specially vulnerable area in accordance with such draft proposals shall comply with section 15.
24.
(1)The Director may at any time prepare and propose for the approval of the Prime Minister draft amendments of the specia1 area precautionary plan for the specially vulnerable area.(2)The amendment of the special area precautionary plan proposal in accordance with subsection (1) shall comply with sections 17 to 20, and the amended plan shall when approved under section 20 (1) (a) be published in the Gazette and constitute the special area precautionary plan under section 21 (1).
25.
The Prime Minister may, at any stage in the process of designation of a specifically vulnerable area under section 15 or section 23 or of the preparation of a draft plan under sections 16 to 20 or section 24, discontinue the process if he considers that the objectives of the draft plan have already been met under the provisions of other law.
26.
(1)Any person aggrieved by a special area precautionary plan for a specially vulnerable area, who desires to question the validity thereof or of any provision contained therein on the grounds that it is not within the powers of this Act or that any requirement of this Act or of any Regulations has not been complied with in relation to the approval or preparation of the plan, may, within six weeks from the date on which the notice is published in the Gazette under section 21 (1), make an application for judicial review to the High Court under this section in accordance with any Rules of Court for the time being in force.(2)On any application under this section, the High Court, if satisfied that the plan, or any powers contained therein, is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Act, may quash the special area precautionary plan or any provision contained therein, either generally or in so far as it affects any property of the applicant.(3)Where the whole special area precautionary plan is quashed under subsection (2), the Director shall prepare a new draft special area precautionary plan to which sections 17 to 20 shall apply as they apply to a draft plan under section 16 (1).(4)Where a provision of the special area precautionary plan is quashed under subsection (2), but the whole plan is not quashed, the plan without the quashed provision shall be deemed to be an approved amended special area precautionary plan under section 20 (1) (a).
Part VII – THREATENED DISASTER ALERTS
27.
(1)For the purposes ofthis Act, a threatened disaster alert exists when -(a)the Governor-General declares by Proclamation and on the advice of the Prime Minister, after the Prime Minister has consulted or has been advised by the Director under subsection (2), that there is a substantial prospect that a disaster of a kind in Column 1 of the Second Schedule will stnke within the applicable period in column 2 of that Schedule; or(b)an agency, whether within Antigua and Barbuda or otherwise, certified by the Director as an Accredited Disaster Notification Service under subsection (3), broadcasts or otherwise publishes a formal announcement warning persons in Antigua and Barbuda of the threat of the striking of a disaster of a kind in Column 1 of the Second Schedule within the applicable period in Column 2 of that Schedule: Provided that the Governor-General may by declaration on the same advice and after the same consultation as is provided in subsection (1) (a) declare that notwithstanding such an announcement Antigua and Barbuda is not in a state of threatened disaster alert.(2)The Director shall recommend to the Prime Minister on request, and at any time he considers appropriate, when there is a substantial prospect that a disaster of a kind in Column 1 of the First Schedule will strike within the applicable period in Column 2 of that Schedule.(3)The Director may certify any agency, whether within Antigua and Barbuda or otherwise, which he considers to have a high level of technical expertise in the prediction or assessment of risk of any kind of disaster, as an Accredited Disaster Notification Service for the purposes of this Act.(4)A certification under subsection (3) may be general or limited to specified kinds of disaster.(5)If the Prime Minister prescribes by Regulation that different periods shall apply in relation to threatened disaster alerts than those prescribed in the Second Schedule, that Schedule shall to the extent of the inconsistency cease to have effect under this section.
Part VIII – APPLICATION OF TREATIES
28.
The Caribbean Disaster Emergency Response Agency Agreement set out in the Third Schedule shall have the force of law in Antigua and Barbuda.
29.
Where Antigua and Barbuda is a party to a treaty or other international agreement which the Cabinet considers relevant to the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Antigua and Barbuda, the Governor-General acting in accordance with the advice of the Cabinet may during any disaster emergency or at any other time proclaim that treaty or any part thereof to be part of the law in Antigua and Barbuda for the duration of any disaster emergency or any particular case or class of case of such disaster emergency, and the provisions of that treaty or part thereof, as the case may be, shall for the duration of that disaster emergency have effect as if enacted in this Act.
Part IX – MISCELLANEOUS
30.
(1)Where a magistrate is satisfied, on evidence on oath by a hazard inspector, that the condition of any premises is reasonably suspected of posing a danger of serious injury to persons outside of the premises in the event of a disaster, the magistrate may issue or renew an order authorising the hazard inspector to enter and inspect those premises for hazards.(2)An order made under this section expires not later than thirty days after the date on which it is made, and may be renewed before expiry for one or more periods each of which shall not exceed thirty days.(3)An order made under this section shall be carried out during daylight hours unless the order authorises otherwise.(4)The Director shall provide himself and each hazard inspector with a distinctive badge, tag or other identification device which may conveniently be carried by himself and each hazard inspector while engaged in the performance of their duties under this section.(5)A hazard inspector who exercises a power under this section shall identify himself as a hazard inspector to any person in control of the premises to be inspected at the time of the inspection, by the production of his hazard inspector's badge, tag or other identification device provided to him by the Director under subsection (4) and shall explain the purpose of the inspection.(6)An order made under this section may be issued or renewed on application notwithstanding that no notice of the application is given to any person who may be affected thereby.(7)The hazard inspector shall prepare a report on the results of any inspection carried out under this section, a copy of which shall be provided to the occupier of the premises.(8)Where the hazard inspector is of the opinion, after carrying out an inspection under this section, that the condition of any premises poses a danger of serious injury to persons outside of the premises in the event of a disaster, and that the condition of the premises which gives rise to the danger constitutes a violation of any other law, he shall send a copy of the report to any Ministry, Department or other body responsible for the administration of that other law, and notify the occupier of the premises that the report has been supplied to the Ministry or Department in question.(9)A report of a hazard inspector under this section shall be admissible in any legal proceedings as evidence of the report's findings of fact, whether or not the State is a party to such proceedings.(10)This Act does not prejudice any right under any other law to take steps to ameliorate the condition of premises considered to pose danger under sub-section (8).
31.
(1)Where the Director or his agent, servant or any other person authorised under this Act identifies any tree, land, building, vehicle, scrap or waste or any other item thatposes a danger in the event of a disaster to the health or safety of any area by reason of its condition, then the Director shall issue a notice in writing to the owner or occupant or any other person having a material interest in the property on which the item is located, requesting that specific steps be taken to abate or remove the danger and the period for compliance.(2)A person who is served with a notice under sub-section (1) and who fails to comply with the directions of the Director within the period specified therein, commits an offence.(3)A person convicted of an offence under sub-section (2) shall in addition to the penalty imposed under section 37 (1) be liable to pay the costs incurred in abating or removing the danger.(4)The Director or his agent or servant or any person authorised under this Act, in exercising a function under this section, shall identify himself to the owner, occupant or other person having material interest in the property on which the danger stands, by producing his badge, tag or other identification device explaining the purpose of his mission.
32.
(1)No action or proceeding shall be brought against the Crown or the Director or any officer or servant of them, or against any other person covered under this Act to recover conipensation for any damage to property occasioned by such person in the exercise or performance in good faith of his powers, duties, or obligations under this Act.(2)No person shall be personally liable for any act done or default made by him in good faith in the course of carrying out his duties under this Act.
33.
(1)A person who during the period of a state of disaster emergency declared under this Act is absent from his usual employment due to duties in connection with the disaster emergency in any capacity whatever shall not suffer any loss of salary or leave or benefits that he may be entitled to for the period of his absence on those duties, whether or not his usual employer consented to his absence.(2)The Director must certify in writing that the services of any person under sub-section (1) are or had been so required for the performance of tasks related to the disaster emergency.(3)An employer who fails to comply with sub-section (1) commits an offence.
34.
Where the Director or any public officer or person appointed under this Act suffers any physical injury, or loss or damage to any personal property in the course of his duties under this Act or Regulations made thereunder, he shall be entitled to receive compensation paid out of public funds in respect of the expenses incurred in the treatment of the injury and the value of such property loss or damage.
35.
(1)The Prime Minister may make Regulations for the purpose of implementing the special area precautionary plans, the provisions of this Act and in particular -(a)prescribing rules of procedure for the National Advisory Committee and such other committees established under this Act and to determine the payment of reasonable compensation for the use of private property requisitioned by the Director;(b)prescribing that different periods shall apply in relation to threatened disaster alerts than those prescribed in the Second Schedule;(c)prescribing that notice of the availability of a report under section 30 (7) may be given by advertisement in the Gazette and at least one newspaper published in Antigua and Barbuda where attempts to identify or find an occupier, for the purpose of providing the report under that sub-section or notify its contents under section 30 (8) have not succeeded after one month or such longer period as may be prescribed.(2)Regulations, Rules and By-laws made under this Act shall be subject to negative resolution of the House.(3)By-laws may be made(a)in respect of listed premises not in Crown occupation on the recommendation of the occupiers of the premises;(b)conferring enforcement powers on shelter managers and shelter officers for the purpose of keeping order in shelters;(c)conferring authority on the Director, subject to the advice of the National Advisory Committee -(i)to prescribe the requisition of transport, whether public service or private vehicle, and private lands, buildings and premises for the purposes of this Act and to determine the payment of reasonable compensation for the use of private property requisitioned by the Director;(ii)and his agents, servants or other authorised persons to enter on or pass through or over any private lands or pre-mises for any action in connection with duties under this Act;(iii)to direct the assistance of identified relief agencies and bodies including statutory boards, volunteer forces and similar entities;(iv)to regulate the use of any listed premises by persons taking shelter therein during the period when the premises are in use as shelters;(v)to issue national guidelines and codes to government departments and ministries, statutory boards, groups, organisations, businesses and other entities concerning the preparation, mitigation, recovery of and responses to disasters;(vi)to co-ordinate inter-agency disaster plans.(4)During any threatened disaster alert or disaster emergency, Regulations, Rules and By-laws made under this Act, other than Regulations required under section 21 to be published in the Gazette, may be published either -(a)by announcement in any television or wireless tran-mission media licensed under the Telecornmunications Act for transmission and reception in Antigua and Barbuda; or(b)by notice affixed to the outside of every magistrate's court and every police station located in the area to which the Regulations apply.(5)Publication under sub-section (3) shall be deemed to be sufficient compliance, for the duration of any period of disaster alert or disaster emergency, with any requirement of publication under this Act or any other law.(6)The means of authentication of Regulations published under sub-section (3) shall, unless otherwise prescribed by Regulations published in the Gazette, be -(a)in the case of media announcements under sub sec-tion (4) (a), the voice of the Prime Minister, a Permanent Secretary, the Director or a Head of a Department of Government;(b)in the case of posted notices under sub-section (4) (b), the actual or facsimile signature of the Prime Minister, a Permanent Secretary, the Director or a Head of a Department of Government.
36.
Any person who assaults, obstructs, threatens or abuses the Director, a hazard inspector, a shelter manager, a shelter officer, a member of the Police Force or a member of the Antigua and Barbuda Defence Force in the execution of his duty in relation to -(a)the functions of a shelter manager or shelter officer under section 10: or(b)the functions of a hazard inspector under section 30; or(c)his functions under any Regulations, Rules or By-laws made under this Act commits an offence.
37.
(1)Any person who commits an offence under this Act or Penalties any Regulations made under this Act shall be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years, or both.(2)Where particular provision is made by this Act or any Regulations made under this Act for a lesser penalty than that which would apply under this section, that lesser penalty shall apply to the exclusion of the penalty which would otherwise be applicable under this section.(3)It shall be a defence to any charge of an offence under Regulations which, at the time of the act charged as an offence, had been published only in the manner pernlitted by section 35 (4), for the person charged to show that he did not see or hear an announcement or see a notice or learn from credible sources that the act charged constituted an offence.
38.
Where an offence is created by this Act, any information Power to institute against any person accused of committing that offence may be proceedings. laid by the Director or a member of the Police Force.
39.
The following Acts shall, with its necessary changes as Application of may be made, be read as one with this Act-(a)The Emergency Powers Act;(b)The Emergency Powers (Hurricane, Earthquake, Fire or Flood) Act
40.
This Act binds the Crown.
FIRST SCHEDULE
PUBLIC CONSULTATION PROCEDURE
1.Where a public consultation is to be held under the provisions of this Act, the Prime Minister shall by Instrument in writing appoint a person to hold the public consultation on his behalf.2.The Prime Minister shall by regulation made under this Act prescribe the procedures for holding public consultations under this Act.3.The name of every person appointed to hold a public consultation under this Schedule shall be published in the Gazette.4.Notice shall be published in three issues of the Gazette and of at least one newspaper published in Antigua and Barbuda of the date appointed by the Prime Minister for the holding of a public consultation under this Schedule, the first such notice being not less than two weeks before the date so appointed.5.The Director shall appear or be represented at every public consultation under this Schedule.6 .The person appointed under paragraph 1 may, for the purposes of sections 15(4) and 18(2) of this Act, discharge the functions under this Schedule simultaneously with those relating to any public consultation which that person may have been appointed to hold under any other Act.