[This is the version of this document at 1 January 2019.]
AN ACT to provide for disaster management in Saint Lucia and for related matters.BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Assembly and the Senate of Saint Lucia, and by the authority of the same, as follows:
Part I – PRELIMINARY
1. Short title and commencement
(1)This Act may be cited as the Disaster Management Act 2006.(2)This Act shall come into force on a day to be prescribed by the Minister by Order published in the Gazette.
2. Interpretation
In this Act —“Annual Report” means the Annual Report pursuant to section 10(1);“Accredited Disaster Notification Service” means an agency certified pursuant to section 26;“alert” means an alert issued pursuant to section 17;“Community Development Officer” means a Community Development Officer appointed by the Public Service Commission;“declaration of disaster” means a declaration of disaster pursuant to section 18;“declaration of state of emergency” means a declaration of state of emergency made by the Governor General pursuant to section 17 of the Constitution of Saint Lucia 1978, Cap. 1.01 and the Emergency Powers (Disaster) Act, Cap. 14.07;“Director” means the Director of the National Emergency Management Organisation appointed pursuant to section 4;“disaster” means a natural or man-caused event or an event caused by both of them which causes intense negative impacts on people, goods, services, or the environment, and which exceeds a community’s internal capacity to respond;“disaster management” includes planning for and responding to disasters, by carrying out both pre-and post-disaster activities which refer to both the risk and the consequences of a disaster;“disaster mitigation” means measures taken to reduce the loss of life, livelihood and property by disasters, either by reducing vulnerability or by modifying the hazard, where possible;“disaster preparedness” means measures to be taken to reduce, to the minimum level possible, the loss of human lives and other damage through the organization of prompt and efficient actions of response and rehabilitation;“emergency” means any instance for which in the determination of the Director assistance is needed —(a)to supplement efforts and capabilities to save lives and to protect property and public health and safety; or(b)to lessen or avert the threat of a catastrophe in any part of Saint Lucia;“Emergency Operations Centre” means an Emergency Operations Centre established pursuant to section 12;“evacuation” includes the removal of persons and their belongings from a specific well defined endangered area, under the threat or impact of a hazard, disaster or emergency, to another safer place, out of the scope of the threat of the impact or the impact of the hazard, disaster or emergency where they can have all their every day needs satisfied until they are relocated either back to the original place or to a place safe and out of reach of the impact or the direct effects of the hazard, disaster or emergency that triggered the initial displacement;“fire officer” means a member of the Fire Service;“Fire Service “means the Saint Lucia Fire Service established pursuant to the Fire Service Act, Cap. 14:04;“hazard” means the potential for a natural or man caused event to occur with negative consequences;“hazard inspector” means a hazard inspector appointed pursuant to section 23;“listed premises” means premises listed in the shelters list;“local government unit” means a District under the Local Authorities Ordinance, Cap. 239, Revised Laws of Saint Lucia 1957;“Minister” means Minister responsible for disaster management;“National Emergency Operations Centre” means the National Emergency Operations Centre established pursuant to section 12;“NEMAC” means the National Emergency Management Advisory Committee established pursuant to section 8(1);“NEMO” means the National Emergency Management Organisation established pursuant to section 3; “notice” includes a notice(a)published in the Gazette;(b)published in a newspaper circulating in Saint Lucia;(c)broadcast over the radio and television stations in operation in Saint Lucia;(d)issued by any other effective means of broadcast or communication;“notice of evacuation” means a notice of evacuation issued pursuant to section 20;“person” includes a body corporate or an unincorporated body;“Police Force” means the Royal Saint Lucia Police Force established pursuant to the Police Act, Cap. 14:01;“police officer” means a member of the Police Force;“Register of Volunteers” means the register maintained pursuant to section 25;“rehabilitation” means the restoration of basic services and the repair of physical, social and economic damage;“relief” means material, personnel and services provided to meet the needs of those affected by an emergency or a disaster;“response” means actions carried out in a disaster or emergency situation with the objective to save lives, alleviate suffering and reduce economic losses;“Saint Lucia” includes the territory, including areas covered by water of Saint Lucia and maritime areas under the sovereignty or jurisdiction of Saint Lucia;“shelter” means listed premises used as a shelter pursuant to section 13;“shelter manager” means a shelter manager appointed or designated pursuant to section 13;“shelter officer” means a shelter officer appointed or designated pursuant to section 13;“shelters list” means the list of premises established under section 13(1);“Special Service Unit” means the branch of the Police Force known as the Special Service Unit;“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 officio 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 a public officer or a statutory board;“volunteer” means a volunteer registered pursuant to section 25.
Part II – NATIONAL EMERGENCY MANAGEMENT ORGANISATION
3. Establishment of NEMO
(1)There is hereby established an organisation to be known as the National Emergency Management Organisation (NEMO).(2)NEMO shall comprise the persons as specified in the Fourth Schedule.(3)The Director shall annually publish the names of the persons who comprise NEMO in the Gazette.
4. Appointment of Director
There shall be a Director of NEMO who shall be a public officer appointed by the Public Service Commission.
5. Functions of Director
(1)The Director shall manage the affairs of NEMO.(2)The Director shall, subject to section 7, be responsible to the Minister for coordinating the general policy of the Government of Saint Lucia relating to the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Saint Lucia.(3)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 such programmes and activities are contributing to the achievement of such policy, and to make recommendations to the Minister with respect thereto;(b)develop and recommend to the Minister national policies to foster and promote the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Saint Lucia;(c)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 Saint Lucia;(d)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;(e)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 likelihood of disasters in Saint Lucia;(f)prepare and review disaster risk assessment maps of Saint Lucia;(g)conduct programmes of public information and education on the mitigation of, preparedness for, response to and recovery from emergencies and disasters;(h)liaise with persons and organizations within and outside Saint Lucia for the purpose of exchanging information and facilitating the harmonisation of the policies of such persons and organisations with those of the Government of Saint Lucia relating to the prevention and mitigation of, preparedness for, response to and recovery from emergencies and disasters in Saint Lucia;(i)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 Saint Lucia;(j)coordinate the activities of other agencies involved in emergency and disaster management ;(k)evaluate the response capacities of agencies involved in emergency and disaster management, including facilities, personnel and equipment;(l)coordinate the determination of risks associated with each hazard to determine the frequency and magnitude of disasters;(m)determine specific damage caused by a hazard;(n)design disaster simulations for disasters to which Saint Lucia is prone;(o)coordinate vulnerability assessment projects to determine vulnerable areas for each hazard to which Saint Lucia is prone;(p)consult with the Head of the Physical Planning and Development Division when an Environmental Impact Assessment has been submitted to the Director for comments pursuant to the Physical Planning and Development Act 2001, No. 29.
6. Assistance by other persons
The Director may be assisted by such number of public officers or other persons as may be appointed or designated for that purpose, including public officers appointed or designated to discharge the functions of hazard inspectors or shelter managers and police officers or volunteers under this Act.
7. Directions by Minister to Director
The Minister may, on any matter relating to the Minister’s functions as a Minister that affects the public interests of Saint Lucia, give directions to the Director of a special or general character in relation to the policy to be followed in the exercise of the powers conferred and the duties imposed on the Director by or under this Act.
Part III – NATIONAL EMERGENCY MANAGEMENT ADVISORY COMMITTEE, ANNUAL REPORT AND PLAN
8. National Emergency Management Advisory Committee
(1)There shall be a National Emergency Management Advisory Committee comprising —(a)the Minister responsible for disaster management as Chairperson;(b)another Minister or public officer nominated by the Minister responsible for disaster management to serve as Chairperson in the absence of the Minister;(c)such other members as may be nominated by the Minister responsible for disaster management to represent —(i)the Police Force;(ii)the Special Service Unit;(iii)the Fire Service;(iv)the Ministry responsible for public health and the environment;(v)the Ministry responsible for public works;(vi)the Ministry responsible for local government;(vii)such other Ministries, Departments of Government and statutory bodies as the Minister responsible for disaster management thinks fit;(vii)such other persons or organizations as the Minister responsible for disaster preparedness and response 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 Saint Lucia.(2)The Chairperson or alternate Chairperson and any four other members of NEMAC shall constitute a quorum for meetings of NEMAC.(3)The Director shall be the ex-officio Secretary of NEMAC.(4)The members of NEMAC or of any other committee established pursuant to section 9 shall receive such attendance fees and travel or other allowances as the Minister may authorize by Order published in the Gazette.(5)NEMAC may, subject to Regulations made pursuant to section 27(2)(c) and to this Act, determine its own procedure.
9. Establishment of other committees
(1)The Director shall in consultation with NEMAC establish other committees and sub-committees charged with particular responsibilities, whether defined by geographical area or otherwise, in relation to the preparedness for, mitigation of, response to and recovery from emergencies and disasters in Saint Lucia.(2)The committees and sub-committees established pursuant to subsection (1) shall be available to be convened for regular planning meetings, whenever an alert, a declaration of disaster, a declaration of state of emergency, or a notice of evacuation is issued or in the event or aftermath of an emergency or disaster.(3)The names of each chairperson of a committee established pursuant to subsection (1) shall be published in the Gazette anually by the Director.
10. Annual Report
(1)The Director shall prepare an Annual Report related to the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Saint Lucia.(2)The Director shall submit the Annual Report to the Minister and shall, on or before 1st June in every year, publish the Annual Report in the Gazette.
11. National Emergency and Disaster Response Plan
(1)The Director shall, in consultation with NEMAC, prepare a National Emergency and Disaster Response Plan to be approved by the Minister, comprising the statement of the contingency arrangements under the coordination of the Director for responding to the threat or event and aftermath of an emergency or a disaster in Saint Lucia, whether or not the threat of the emergency or disaster is such as to prompt the issuance of an alert, a declaration of disaster, a declaration of a state of emergency or a notice of evacuation.(2)The Director shall in consultation with NEMAC review the National Emergency and Disaster Response Plan annually and may with the approval of the Minister make amendments to the National Emergency and Disaster Response Plan.(3)The National Emergency and Disaster Response Plan shall include —(a)procedures related to preparedness for, mitigation of, response to and recovery from emergencies and disasters by public officers, Ministries and Departments of Government, statutory bodies, local government units, and persons or organizations 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 Saint Lucia.(b)procedures for coordinating the National Emergency and Disaster Response Plan and its implementation with the preparation and implementation of disaster and emergency response plans of persons referred to in paragraph (a).(c)procedures for informing persons referred to in paragraph (a) and the public in Saint Lucia and elsewhere of the existence of an alert, a declaration of disaster, a declaration of state of emergency or a notice of evacuation, or the existence of an emergency or disaster;(d)procedures for preparing and maintaining inventories of services, systems and supplies for the preparedness for, mitigation of, response to and recovery from emergencies and disasters;(e)procedures for mobilizing services and systems for the preparedness for, mitigation of, response to and recovery from emergencies and disasters, including procedures for the provision of manpower for Emergency Operations Centers and for the protection of the family and property of persons required for the purpose of providing manpower to such Centers or required otherwise to perform other duties of protecting the public;(f)procedures for the protection and restoration of communications during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster;(g)procedures for informing persons under paragraph (a) and the public in Saint Lucia and elsewhere of the state of affairs during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster;(h)procedures for the release, distribution and replenishment of emergency stores of supplies of food, water, clothing and medical supplies during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster;(i)procedures established by the Minister responsible for health for safeguarding against epidemics during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster;(j)procedures established by the Minister responsible for fire for safeguarding against fires during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster;(k)procedures for the provision of shelter for persons during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster;(l)procedures for cooperation with international organizations and governments of countries outside Saint Lucia during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster;(m)procedures for accepting and facilitating the distribution of volunteer services and relief supplies during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster;(n)procedures to apply where a notice of evacuation is issued pursuant to this Act or any other law in force in Saint Lucia;(o)procedures to apply in the event that the requisitioning of private property is considered to be desirable during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster, including procedures for assessing and paying compensation;(p)procedures for protecting life and property from the dangers of looting and riotous behaviour during an alert, a declaration of disaster, a declaration of state of emergency, a notice of evacuation or in the event or the aftermath of an emergency or disaster.
Part IV – EMERGENCY OPERATIONS CENTRES AND SHELTERS
12. Emergency Operations Centres
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 an emergency or disaster 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 local government unit or otherwise, by persons or bodies referred to in section 11(3)(a).
13. Shelters, shelter managers and shelter officers
(1)The Director shall subject to subsection (10), establish and maintain a list of premises available and suitable for use as shelters during a declaration of emergency or an alert or in the event or the aftermath of an emergency or a disaster.(2)The Minister shall designate as shelter managers or shelter officers as many public officers as the Minister sees fit provided that where a school is listed as a shelter pursuant to this section, the principal or a teacher of the school shall, with the approval of the Minister responsible for Education, be designated as the shelter manager of the school.(3)Where a church is listed as a shelter pursuant to this section, the religious leader of the church, or his or her nominee shall be the shelter manager for the shelter.(4)The Director shall, subject to subsections (2), (3) and (5), assign to each shelter, a shelter manager charged with the responsibility of managing the shelter during any period when the building is being used for that purpose, and may assign shelter officers to assist any shelter manager.(5)Where listed premises are not in State occupation, the designation of shelter managers or shelter officers for those listed premises shall be subject to the agreement of the occupier of the listed premises which agreement shall not be unreasonably withheld.(6)Regulations made under section 27(2) (d) shall apply during the period when the listed premises are in use as shelters.(7)Regulations under section 27(2)(d) may confer enforcement powers on shelter managers and shelter officers for the purpose of keeping order in shelters.(8)The owner or occupier of listed premises shall not be liable to any person taking shelter in the listed 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 listed premises.(9)Subsection (8) is 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 listed premises; or(b)against the owner or occupier of the listed premises for damage or loss arising otherwise than from the condition of the listed premises.(10)A shelters list established pursuant to subsection (2) shall be published as a schedule to Regulations made pursuant to section 27(2) (d).(11)The Director shall approve in writing the maximum number of persons for which each shelter is suited.
Part V – OBLIGATIONS
14. Liaison officers
Every Permanent Secretary or Head of a Department of Government shall ensure that there is at all times a public officer of his or her 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 11(3)(a).
15. Annual Report to Director
Every Permanent Secretary or Head of a Department of Government, chairperson of a committee estabilished pursuant to section 9 shall submit annually to the Director, in such form and by such date as may be required by the Director, a report containing such information as may be requested by the Director for the purposes of sections 5 and 11.
16. Director to be consulted
(1)Before any person other than the Director of Public Prosecutions, a Judge or Magistrate exercises any disaster preparedness and response related powers under this or any other Act, that person shall, subject to subsections (2) to (4), consult the Director.(2)The obligation to consult in subsection (1) shall not apply —(a)during a disaster or 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;(b)in respect of the exercise of any power in relation to which a waiver by the Director of his or her right to be consulted is in effect under subsection (3).(3)The Director may with the approval of the Minister waive his or her right to be consulted, and any such waiver shall take effect when the 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.
Part VI – ALERTS AND DECLARATIONS
17. Alert
The Minister or an Accredited Disaster Notification Service may by notice, in the form prescribed in Form 1 of the First Schedule, after consultation with the Director, issue an alert where the Director has advised that there is a substantial prospect that a hazard of a kind in column 1 of the Second Schedule will strike Saint Lucia or a part of Saint Lucia within the applicable period in column 2 of that Schedule.
18. Declaration of disasater
After consultation with the Director the Minister may, in the form prescribed in Form 2 of the First Schedule, issue a notice of a declaration of disaster where a hazard of a kind in column 1 of the Second Schedule has struck Saint Lucia or a part of Saint Lucia.
Part VII – EVACUATION
19. Consultation prior to evacuation
The Director shall assess the potential for loss of life and injury to persons where there is a threat of a hazard or where a disaster has occurred in Saint Lucia or in a part of Saint Lucia and shall consult with NEMAC and where necessary with an Accredited Notification Service or any other person.
20. Notice of evacuation
(1)If after a consultation pursuant to section 19 an evacuation is deemed necessary, the Minister acting on the advice of the Director shall subject to subsection (2) issue a notice of evacuation.(2)A notice of evacuation pursuant to subsection (1) shall specify the nature of the disaster and the area of Saint Lucia required to be evacuated and the potential harm to persons and shall be in the form prescribed in Form 3 of the First Schedule.(3)Where a notice is issued pursuant to subsection (1), the Director will coordinate the evacuation in accordance with the Regulations and with the assistance of agencies involved in emergency and disaster management including the Police Force and the Fire Service.(4)No action shall be brought against a person for anything done in good faith in the exercise of any power or duty conferred by a notice of evacuation pursuant to this Act.(5)A person shall comply with a notice of evacuation issued pursuant to this section.(6)A person who contravenes subsection (5) commits an offence and upon conviction is liable to imprisonment for a term not exceeding six months or to a fine not exceeding three thousand dollars or to both.
Part VIII – APPLICATION OF TREATIES
21. Caribbean Disaster Emergency Response Agency
(1)The provisions of the Caribbean Disaster Emergency Response Agency Agreement in the Third Schedule shall have the force of law in Saint Lucia.(2)Where the Caribbean Disaster Emergency Response Agency Agreement is amended, the Third Schedule shall be amended in accordance with section 31.
22. Application of treaties in time of disaster or emergency
Where Saint Lucia is a party to a treaty or other international agreement which the Governor-General considers relevant to the preparedness for, mitigation of, response to and recovery from emergencies and disasters in Saint Lucia, the Governor-General may during any emergency or disaster or at any other time proclaim that treaty or any part of it to be part of the Law of Saint Lucia for the duration of any emergency or disaster or any particular case or class of case of such emergency or disaster, and the provisions of that treaty or part thereof, as the case may be, shall for the duration of that emergency or disaster have effect as if enacted under this Act.
Part IX – MISCELLANEOUS
23. Hazard inspections
(1)For the purposes of this Act there shall be appointed by the Public Service Commission such hazard inspectors as are required.(2)Where a hazard inspector reasonably suspects any premises of being in a condition that poses a danger or serious injury to persons in the event of an emergency or disaster, the hazard inspector may apply to the Magistrate for an order to enter and inspect those premises for hazards.(3)If 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 in the event of an emergency or a disaster, the Magistrate may issue or renew an order authorising the hazard inspector to enter and inspect those premises for hazards.(4)An order 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 is not more than thirty days.(5)An order under this section shall be carried out during daylight hours unless the order authorises otherwise.(6)The Director shall annually provide himself or herself and each hazard inspector with a distinctive badge, tag or other identification device which may conveniently be carried by him or her and each hazard inspector while engaged in the performance of their duties under this section.(7)A hazard inspector who exercises a power under this section shall identify himself or herself 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 or her hazard inspector’s badge, tag or other identification device issued pursuant to subsection (6) and the order of the Magistrate issued pursuant to subsection (3) and shall explain the purpose of the inspection.(8)An order 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.(9)A hazard inspector shall prepare a report on the results of any inspection carried out under this section, and shall, in addition to complying with subsection (10), submit a copy of the report to the occupier of the premises, the Director and the Magistrate.(10)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 in the event of an emergency or a disaster, the Hazard inspector shall inform the Director in writing of the same.(11)Where the Director receives information pursuant to subsection (10) from the hazard inpector, the Director shall request that the owner of the premises take remedial action within a specified period of time, subject to subsection (12), with or without the assistance NEMO.(12)The assistance of NEMO may be at a fee to the owner to be specfied by the Director.(13)An owner of pemises who fails to comply with a request made pursuant to subsection (11) commits an offence and upon summary conviction is liable to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding one year or to both and to a further fine of one hundred dollars for every day during which the offence continues.(14)Where the condition of the premises which gives rise to the danger pursuant to section (10) constitutes a violation of any other law, the Director shall send a copy of the report to the Ministry, Department or other body responsible for the administration of that other law, and notify the owner of the premises that the report has been supplied to the Ministry or Department or other body responsible.(15)A report of a hazard inspector under this section shall be admissible in any legal proceedings as evidence of the truth of the report’s findings of fact, whether or not the State is a party to such proceedings.
24. Employees who assist in emergency situations
(1)Where the Director certifies in writing that the services of a person is or was needed by NEMO, for the performance of tasks related to recovery from an emergency during a specified period, the employer of that person shall be obliged to pay the salary and all benefits to which the employee was entitled for the period specified.(2)The period the Director may specify under subsection (1) shall in no case exceed a continuous period of two weeks.(3)An employer who fails to comply with subsection (1) commits an offence and upon summary conviction is liable to imprisonment for a term not exceeding one year or to a fine not exceeding five thousand dollars or to both.
25. Volunteers
(1)The Director shall maintain a register to be known as the Register of Volunteers.(2)A person who wishes to volunteer for the purposes of assisting in an emergency or a disaster shall submit his or her name to the Director for registration as a volunteer and the Director shall if he or she sees fit register in the Register of Volunteers the person as a volunteer.(3)The Chairperson of each district and national committee shall submit in writing to the Director on or before 31st May in each year the names of the members of their committees and the Director shall include the names of these members as volunteers and register their names in the Register of Volunteers.(4)The Director shall annually publish the names of all volunteers registered in the Register of Volunteers in the Gazette.(5)A volunteer who exercises the duties assigned to him or her pursuant to this Act in good faith shall not be liable for injury to persons or loss to property caused as a result of those duties.
26. Accredited Disaster Notification Service
(1)The Director may certify any agency, whether within Saint Lucia or otherwise, which he or she 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.(2)A certification under subsection (1) may be general or limited to specified kinds of disaster.
27. Regulations
(1)The Minister may make Regulations to give effect to the purposes of this Act.(2)Without prejudice to the generality of the subsection (1), the Minister may make Regulations –(a)for the purpose of implementing the National Emergency and Disaster Response Plan;(b)prescribing the procedures for simulation for an emergency or disaster by persons in the private or public sector;(c)prescribing rules of procedure for NEMAC;(d)regulating, subject to section 13, the use of any listed premises by persons taking shelter therein.(3)Regulations made pursuant to subsections (1) and (2) of this Act shall be subject to a negative resolution.(4)During any alert, disaster or emergency, statutory instruments made under this Act, other than Regulations made pursuant to subbsections (1) and (2) , may be published either—(a)by announcement in any radio, television or wireless transmission media licensed for transmission and reception in Saint Lucia pursuant to the law in force in Saint Lucia; or(b)by notice affixed to the outside of every District Court and every police station located in the area of Saint Lucia to which the Regulations apply.(5)Publication under subsection (3) shall be deemed to be sufficient compliance, for the duration of any period of alert, disaster or emergency, with any requirement of publication under this Act or any other law.(6)The means of authentication of Regulations published under subsection (4) shall be—(a)in the case of media announcements under subsection (4)(a), the voice of the Minister, a Permanent Secretary, the Director or a Head of a Department of Government on behalf of the Minister;(b)in the case of posted notices under subsection (4)(b), the actual or facsimile signature of the Minister, or any other Minister, a Permanent Secretary, the Director or a Head of a Department of Government on behalf of the Minister.
28. Enforcement powers, assaulting or obstructing
(1)The Director or police officer shall have all the enforcement powers of a hazard inspector , shelter manager or shelter officer pursuant to section 13 and 23.(2)A person shall not assault or obstruct the Director, a hazard inspector, a shelter manager, a shelter officer, a police officer, fire officer or a volunteer in the execution of his or her duty pursuant to this Act.(3)A person who contravenes subsection (2) commits an offence and upon summary conviction is liable to imprisonment for a term not exceeding one year or to a fine not exceeding five thousand dollars or to both.
29. Penalties
A person who commits an offence under this Act for which no penalty is prescribed is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a period not exceeding two years or to both.
30. Act binds the State
This Act binds the State.
31. Amendment of Schedules
The Minister may by Order published in the Gazette amend the First Schedule, Second Schedule, Third Schedule or Fourth Schedule.
32. Repeal
The Disaster Preparedness and Response Act, Cap. 14:06 is repealed.