Disaster Management Act, 2002 (Act No. 57 of 2002)Chapter 1 : Interpretation, Application and Administration of Act2. Application of Act |
| (1) | This Act does not apply to an occurrence falling within the definition of "disaster" in section 1— |
| (a) | if, and from the date on which, a state of emergency is declared to deal with that occurrence in terms of the State of Emergency Act, 1997 (Act No. 64 of 1997); or |
| (b) | to the extent that that occurrence can be dealt with effectively in terms of other national legislation— |
| (i) | aimed at reducing the risk, and addressing the consequences of occurrences of that nature; and |
| (ii) | identified by the Minister by notice in the Gazette, |
| (2) | The Minister may, in consultation with Cabinet members responsible for the administration of national legislation referred to in subsection (1)(b), issue guidelines on the application of that subsection. |
| (3) | Where provincial legislation regulating disaster management in a province is inconsistent with this Act, this Act prevails over the provincial legislation subject to section 146 of the Constitution. |