Disaster Legislation

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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 cov... ered 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. [Show More]

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