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Disaster Preparedness and Response Act


Published: 2000

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CAP. 145 DISASTER PREPAREDNESS AND RESPONSE ACT BELIZE

DISASTER PREPAREDNESS AND RESPONSE ACT

CHAPTER 145

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner

under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,

Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

DISASTER PREPAREDNESS

AND RESPONSE ACT 7

Amendments in force as at 31st December, 2000.

BELIZE

DISASTER PREPAREDNESS AND RESPONSE ACT

CHAPTER 145

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner

under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,

Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

DISASTER PREPAREDNESS

AND RESPONSE ACT 7

Amendments in force as at 31st December, 2000.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

Printed by the Government Printer,

No. 1 Power Lane,

Belmopan, by the Authority of

the Government of Belize

Disaster Preparedness and Response [CAP. 145

[ ]

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CHAPTER 145

DISASTER PREPAREDNESS AND RESPONSE

ARRANGEMENT OF SECTION

PART I

Preliminary

1. Short title.

2. Interpretation.

PART II

National Emergency Management Organisation

and National Emergency Coordinator

3. National Emergency Management Organisation and National

Emergency Coordinator.

4. Functions of National Coordinator.

5. Ministerial directions to National Coordinator.

PART III

National Advisory Committee, Policy Review and Plan

6. National Disaster Preparedness and Response Advisory

Committee.

7. Annual Report of National Coordinator and Disaster Preparedness

and Response Policy Review.

8. The National Disaster Preparedness Response Plan.

PART IV

Emergency Operations Centres and Shelters

9. Emergency Operations Centres.

10. Shelters.

PART V

Obligations of other Public Officers

11. Liaison officers.

12. Annual Report to National Coordinator.

13. National Coordinator to be consulted.

14. Environment impact assessment.

PART VI

Specially vulnerable areas

15. Delimitation of specially vulnerable areas.

16. Special area precautionary plan for specially vulnerable areas.

17. Draft special area precautionary plan.

18. Public inquiry of draft special area precautionary plan.

19. Revision of draft special area precautionary plan.

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20. Approval or referring back of draft special area percautionary plan.

21. Special area precautionary plan.

22. Authorities to have regard to special area precautionary plan.

23. Amendment of Order delimiting the specially vulnerable area.

24. Amendment of special area precautionary plan.

25. Discontinuance of area designation or plan preparation.

26. Judicial review.

PART VII

Threatened Disaster Alerts

27. Threatened diaster alerts.

PART VIII

Application of Treaties

28. Caribbean Disaster Emergency Response Agency.

29. Application of treaties in time of disaster emergency.

PART IX

Miscellaneous

30. Disaster hazard inspections.

31. Regulations.

32. Assaulting or obstructing the National Coordinator or a hazard

inspector.

33. Penalties.

34. Power to institute proceedings.

35. Act binds the Crown.

36. Amendments.

37. Commencement.

SCHEDULE A

Public Inquiry Procedure

SCHEDULE B

Amendments

SCHEDULE C

Disaster Alert Advance Schedules

SCHEDULE D

Agreement Establishing the Caribbean

Disaster Emergency Reponse Agency

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CHAPTER 145

DISASTER PREPAREDNESS AND RESPONSE

[21st June, 2000]

PART I

Preliminary

1. This Act may be cited as the Disaster Preparedness And Response Act,

2000.

2. In this Act, unless the context otherwise requires:-

“Act” includes Regulations made under the Act;

“Belize” means the land and sea areas defined in Schedule 1 of the Belize

Constitution;

“Belize Government Gazette” or “Gazette” means the Belize Government

Gazette, and includes any supplement thereto;

“Coordinator” or “National Coordinator” means the National Emergency

Coordinator appointed or designated under section 3;

“disaster emergency” means a public emergency declared under section

18(1)(b) of the Belize Constitution on account of the threat or occurrence of

a disaster;

Short title.

Interpretation.

Commencement [28. 8. 2000]

S.I. 79 of 2000.

CAP. 4.

CAP. 4.

10 of 2000.

“Emergency Operations Centres” means Emergency Operations Centres

established in section 9;

“hazard inspector” means a hazard inspector appointed or designated under

section 3;

“listed premises” means premises listed in the shelters list;

“local government unit” means a City Council, a Town Council or a Village

Council;

“National Advisory Committee” means the National Disaster Preparedness

and Response Advisory Committee established in section 6(1);

“Policy Review” means the Disaster Preparedness and Response Policy

Review referred to in section 7(2);

“shelter manager” means a shelter manager appointed or designated under

section 3;

“shelter officer” means a shelter officer appointed or designated under

section 3;

“shelter list” means the list of premises established and maintained pursuant

to section 10(1);

“special areas precautionary plan” means a special area precautionary plan

published in the Gazette pursuant to section 21;

“statutory board” means a board, committee or other group which is under

any statute responsible for the direction, governing or control of an entity

other than a Ministry or Department of Government and a majority of the

membership of which:

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(a) would under any Act be constituted by persons to be

appointed by a Minister; and

(b) includes Ministers and public officers as ex officio

members.

“statutory body” means an entity which has been established by or under any

Act and which is directed or governed by a statutory board.

PART II

National Emergency Management Organisation And

National Emergency Coordinator

3.-(1) There shall be a Department of Government named the National

Emergency Management Organisation which shall be directed by a public

officer holding the title of National Emergency Coordinator and appointed

pursuant to section 107 of the Belize Constitution.

(2) The National Coordinator may be assisted by such number of

public officers or other persons as may be appointed or designated for the

purpose, including deputy coordinators, assistant coordinators, hazard

inspectors, shelter managers or shelter officers.

(3) The National Coordinator, any deputy or assistant coordinator and

any member of the Police Department shall have all the enforcement powers

of a hazard inspector, shelter manager or shelter officer under sections 30

and 31(5) of this Act.

4.-(1) The National Coordinator shall, subject to section 5, be responsible

to the Minister for coordinating the general policy of the Government of

Belize relating to the mitigation of, preparedness for, response to, and

recovery from emergencies and disasters in Belize.

National

Emergency

Management

Organisation and

National

Emergency

Coordinator.

CAP. 4.

Functions

of National

Coordinator.

(2) Without prejudice to the generality of subsection (1), the National

Coordinator shall also:

(a) review and assess the various programmes and activities of the

Government of Belize which have an impact on the mitigation

of, preparedness for, response to and recovery from emergen-

cies and disasters in Belize, and make recommendation to the

Minister on the likely activities and programmes on disaster

preparedness and coordination;

(b) develop and recommend to the Minister national policies to

foster and promote the mitigation of, preparedness for, re-

sponse to and recovery from emergencies and disasters in

Belize;

(c) in collaboration with Government or other agencies, 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

Belize;

(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 achieve-

ment of the mitigation of, preparedness for, response to and

recovery from emergencies and disasters;

(e) in collaboration with Government or other agencies, conduct

investigations, studies, surveys, research and analysis 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 Belize;

(f) prepare and review disaster risk assessment maps of Belize;

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(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 organisations within and without

Belize for the purpose of exchanging information and

facilitating the harmonisation of the policies of such per-

sons and organisations with those of the Government of

Belize relating to the prevention and mitigation of, pre-

paredness for, response to and recovery from emergen-

cies and disasters in Belize;

(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 Belize.

5. The Minister shall give the National Coordinator directions of special or

general character in relation to his functions and duties as provided in this

Act.

PART III

National Advisory Committee, Policy Review And Plan

6. -(1) There shall be a National Disaster Preparedness and Response

Advisory Committee comprising –

(a) the Prime Minister as ex officio Chairman;

(b) a Minister or public officer nominated by the Prime

Minister under subsection (2), who shall act as alternate

Chairman in the absence of the Prime Minister;

Ministerial

directions to

National

Coordinator.

National Disaster

Preparedness

and Response

Advisory

Committee.

(c) such other members as may be nominated by the Prime

Minister to represent:-

(i) the Police Department;

(ii) the Belize Defence Force;

(iii) the Fire Brigades;

(iv) the Ministry responsible for public health;

(v) the Ministry responsible for the environment;

(vi) the Ministry responsible for public works;

(vii) the Ministry responsible for local government;

(viii) such other Ministries and Departments of Government

and statutory bodies as the Prime Minister thinks fit; and

(ix) such other persons or organisations as the Prime Minister

thinks fit who volunteer or are required by law to per-

form functions related to the mitigation of, preparedness

for, response to and recovery from emergencies and

disasters in Belize.

(2) The Prime Minister shall nominate another Minister or a public

officer to serve as Chairman of the National Advisory Committee in the

Prime Minister’ s absence.

(3) The Chairman or alternate Chairman and any four other members

of the National Advisory Committee shall constitute a quorum for meetings

of the Committee.

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(4) The National Coordinator shall be the Secretary of the National

Advisory Committee.

(5) The National Coordinator shall, in consultation with the National

Advisory Committee, establish other Committees and subcommittees

charged with particular responsibilities, whether defined by geographical area

or otherwise, in relation to the response to emergencies and disasters in

Belize, which other Committees and subcommittees may be convened

whenever a threatened disaster alert arises or a disaster strikes.

(6) The National Advisory Committee and any other Committee

established under subsection (5) may, subject to Rules under section 31(l)(a)

and to this Act, determine its own procedure.

7.-(1) Within three months after the end of every calendar year, the National

Coordinator shall prepare a general report of activities during that year and

transmit it to the Prime Minister who shall consider it and lay copies thereof

before the House of Representatives.

(2) The report referred to in subsection (l) shall include a Disaster

Preparedness and Response Policy Review related to the mitigation of,

preparedness for, response to and recovery from emergencies and disasters

in Belize.

(3) The National Coordinator shall consult the National Disaster

Preparedness and Response Advisory Committee in the preparation of the

Policy Review.

(4) When the Policy Review is approved by the Prime Minister with

or without amendments, the National Coordinator shall publish the Review.

8.-(1) The National Coordinator shall prepare annually, for the approval of

the Prime Minister, the National Disaster Preparedness Response Plan,

comprising the statement of the contingency arrangements under the coordi-

Annual Report

of National

Coordinator

and Disaster

Preparedness

and Response

Policy Review.

The National

Disaster

Preparedness

Response Plan.

nation of the National Coordinator for responding to the threat or event and

aftermath of a disaster in Belize 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 government units,

and persons or organisations 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 Belize;

(b) procedures for coordinating the national disaster re-

sponse plan and its implementation with the preparation

and implementation of disaster response plans of persons

and bodies in paragraph (a);

(c) procedures for informing persons under paragraph (a)

and the public in Belize and elsewhere of the existence of

a threatened disaster alert under section 27 or of 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 emer-

gencies and disasters during a threatened disaster alert

under section 27 or the existence of a disaster emer-

gency;

(e) procedures for mobilising services and systems for the

mitigation of, preparedness for, response to and recovery

from emergencies and disasters during a threatened

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disaster alert under section 27 or the existence of a

disaster emergency, including procedures for the manning

of Emergency Operations Centres;

(f) procedures for the protection and restoration of communi-

cations, 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 Belize 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 contingency 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 safeguarding against fire and epidemics

during a 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 cooperation with international

organisations and governments of countries outside

Belize 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 threat-

ened 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;

(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 National Coordinator shall consult the National Disaster

Preparedness and Response Advisory Committee in the preparation of the

National Disaster Preparedness Response Plan.

PART IV

Emergency Operations Centres and Shelters

9. The National Coordinator 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 emer-

gency, and may establish and maintain supplementary Emergency Opera-

tions Centres or facilitate the establishment and maintenance of such supple-

mentary Emergency Operations Centres, whether distributed according to

geographical location or local government unit or otherwise, by persons or

bodies in section 8(2)(a).

Emergency

Operations

Centres.

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10.-(1) The National Coordinator shall establish and maintain a list of pre-

mises available for and suitable for use as shelters during a threatened disas-

ter alert under section 27 or in the event or the aftermath of a disaster emer-

gency.

(2) The National Coordinator shall in the shelter list :-

(a) distinguish between listed premises in government occu-

pation and other premises;

(b) list the facilities available at each listed premises;

(c) indicate the suitability of each listed 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 and the conditions under which

the listed premises would be suitable for use in the in-

stances referred to in paragraph (c).

(3) The National Coordinator 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 listed premises are not in government occupation, the

designation of shelter managers or shelter officers for those premises shall be

subject to the agreement of the occupier of the premises.

(5) The owner or occupier of any 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

Shelters.

shelter was within the listed limits of suitability of the premises under subsec-

tion (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 occu-

pier of the premises; or

(b) against the owner or occupier of the premises for dam-

age 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 De-

partment designated as the liaison officer for communication with the Na-

tional Coordinator in relation to the procedures of the Ministry or Depart-

ment under section 8(2)(a).

12. Every Permanent Secretary and Head of a Department of Govern-

ment shall supply annually to the Coordinator, in such form and by such date

as may be required by the Prime Minister, such information as may be

requested by the National Coordinator for the purposes of sections 4(2)(a)

and 8(2).

13.-(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) and (4), consult the National Coordinator.

(2) The obligation to consult in subsection (1) shall not apply -

Liaison officers.

Annual report

to National

Coordinator.

National

Coordinator

to be consulted.

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(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;

(b) in respect of the exercise of any power in relation to

which a waiver by the National Coordinator of his right to

be consulted is in effect under subsection (3).

(3) The National Coordinator may, with the approval of the Prime

Minister, waive his right to be consulted and any such waiver shall take effect

when published as an Order in the Gazette.

(4) A waiver under subsection (3) may relate to the exercise of any

power or category of power or to the exercise of a power in a specific

instance.

14. Any power under any law to require an environmental impact assess-

ment is, whether such power is express or implied, a disaster preparedness

and response related power for the purposes of section 13(l).

PART VI

Specially Vulnerable Areas

15.-(1) The Prime Minister may, on the recommendation of the National

Coordinator, 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 National Coordinator shall prepare, for the approval of the

Prime Minister, a draft order delimiting any specially vulnerable area that the

National Coordinator recommends for designation under subsection (1).

Environmental

impact

assessment.

Delimitation

of specially

vulnerable areas.

(3) Before approving the draft Order delimiting a specially vulnerable

area, the Prime Minister shall arrange for a public inquiry to be held in

conformity with the provisions of Schedule A, at which the National Coor-

dinator shall present the draft Order for discussion and comment.

(4) The Prime Minister may combine a public inquiry under this

section with a public inquiry under any other Act or under section 18(l) or

both.

(5) After the public inquiry has been held, the Prime Minister shall, if

he decides to accept the National Coordinator’s recommendation 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 National Coordinator may prepare for the Prime Minister’s

approval a draft special area precautionary plan for a specially vulnerable

area.

(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 such proposed area;

(b) standards for environmental impact assessment for

contemplated development in the specially vulner-

able area;

(c) provisions designating any part of the specially vulnerable

area as a prohibited area for navigation or for the pur-

pose of removing vegetation, sand, stones, shingle or

gravel.

Schedule A.

Special area

precautionary

plan for specially

vulnerable areas.

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(3) A special area precautionary plan may communicate strategies,

policies, standards or designations by means of maps and diagrams.

17.-(1) The National Coordinator shall, by notice in the Gazette and at least

one newspaper published in Belize, invite submissions from the public relating

to the contents of a draft special area precautionary plan.

(2) The National Coordinator shall allow a period of not less than four

weeks and not more than eight weeks for the receipt by him of such submis-

sions.

(3) From the date of the invitation to the public under subsection (l), the

National Coordinator 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 shall arrange for a public

inquiry to be held in conformity with the provisions of Schedule A, at which

the National Coordinator shall present the draft plan for discussion and

comment.

(2) The Prime Minister may combine a public inquiry under this section

with a public inquiry under any other Act or under section 15(3) or both.

19. After the public inquiry has been held, the National Coordinator 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 inquiry, and

resubmit the draft plan to the Prime Minister with such revisions, if any.

20. (1) The Prime Minister may -

(a) approve the resubmitted draft special area precautionary

plan by Order subject to affirmative resolution; or

Draft special

area precautionary

plan.

Public inquiry

on draft

special area

precautionary

plan.

Schedule A.

Revision of

draft special

area

precautionary

plan.

Approval or

referring back

of draft special

area

precautionary

plan.

(b) refer the draft plan back to the National Coordinator for

such changes as the Prime Minister may require, in which

event the National Coordinator shall make the changes

as required and resubmit the draft plan to the Prime

Minister.

(2) Section 18 shall apply to a draft special area precautionary plan

resubmitted to the Prime Minister under subsection (l)(b) as it applies to a

draft plan under section 17.

21.-(1) The draft special area precautionary plan approved under section

20(1)(a) shall, when published in the Gazette, thereby become the special

area precautionary plan for the specially vulnerable area until a new special

area precautionary plan is approved under this Act.

(2) A special area precautionary plan does not authorise any develop-

ment which would require permission under the Housing and Town Planning

Act or under any other Act.

22. Any person or authority exercising any function under this Act or any

other Act affecting the conservation and management of the resources of the

specially vulnerable areas shall have regard to the special area precautionary

plan.

23.-(1) The National Coordinator 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.

Special area

precautionary

plan.

CAP. 182.

Authorities to

have regard to

special area

precautionary

plan.

Amendment of

Order delimiting

the specially

vunerable area.

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24.-(1) The National Coordinator may, at any time prepare and propose for

the approval of the Prime Minister, draft amendments of the special area

precautionary plan for the specially vulnerable area.

(2) The amendment of the special area precautionary plan in accor-

dance with such drafts shall comply with sections 17 to 20, and the amended

plan shall, when approved under section 20(l)(a) and published in the Ga-

zette, thereafter 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

specially 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 the Prime Minister considers that the objectives of the draft plan have

already been met under the provisions of any 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 Ga-

zette under section 21(1), make an application to the Supreme 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 Supreme Court, if satis-

fied 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 preju-

diced by a failure to comply with any requirement of this Act or of any

Regulations, 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

Discontinuance

of area

designation

or plan

preparation.

Judicial Review.

Amendment of

special area

precautionary

plan.

subsection (2), the National Coordinator 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(l).

(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 of this Act, a threatened disaster alert exists

when-

(a) the Prime Minister declares, after consultation with the National

Coordinator under subsection (2), that there is a substantial

prospect that a disaster of a kind in Column I of Schedule C

will strike within the applicable period in Column 2 of that

Schedule; or

(b) an agency, whether within Belize or otherwise, certified by the

National Coordinator as an Accredited Disaster Notification

Service under subsection (3), broadcasts or otherwise pub-

lishes a formal announcement warning persons in Belize of the

threat of the striking of a disaster of a kind in Column I of

Schedule C within the applicable period in column 2 of that

Schedule:

Provided that the Prime Minister may, by declaration after the same

consultation as is provided in paragraph (a), declare that notwithstanding

such an announcement Belize is not in a state of threatened disaster alert.

Threatened

disaster alerts.

Schedule C

Column 1

Column 2.

Schedule C

Column 1

Column 2.

,

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(2) The National Coordinator shall advise 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 I of Schedule C will strike within

the applicable period in Column 2 of that Schedule.

(3) The National Coordinator may certify any agency, whether within

Belize 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 disasters and may be revoked by the National Coordina-

tor.

PART VIII

Application of Treaties

28. The provisions of the Caribbean Disaster Emergency Response

Agency Agreement in Schedule D shall have the force of law in Belize.

29. Where Belize is a party to a treaty or other international agreement

which the Prime Minister considers relevant to the mitigation of, prepared-

ness for, response to and recovery from emergencies and disasters in Belize,

the Prime Minister may, during any disaster emergency or at any other time,

proclaim that treaty or any part thereof to be part of the law of Belize 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.

Caribbean

Disaster

Emergency

Response

Agency.

Schedule D.

Application of

treaties in time

of disaster

emergency.

Schedule C

Column 1

Column 2.

PART IX

Miscellaneous

30.-(1) Where a magistrate is satisfied, on evidence inspections on oath by

a hazard inspector, that the condition of any premises is reasonably sus-

pected of posing a danger of serious injury to persons outside of the pre-

mises 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 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.

(3) An order under this section shall be carried out during daylight

hours unless the order authorises otherwise.

(4) The National Coordinator 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 as 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 pre-

mises to be inspected at the time of the inspection, by the production of his

hazard inspector’s badge, tag or other identification device specified under

subsection (4) and shall explain the purpose of the inspection.

(6) An order under this section may be issued or renewed on applica-

tion 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

Disaster hazard

inspections.

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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 truth of the report’s findings of

fact, whether or not the Crown 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 subsection (8) .

31.-(1) The Prime Minister may make Regulations generally for the purpose

of implementing the provisions of this Act, and in particular may by

Regulations prescribe:-

(a) Rules of Procedure for the National Advisory Committee;

(b) that different periods shall apply in relation to threatened

disaster alerts than those prescribed in Schedule C;

(c) 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 Belize where attempts to identify or find

an occupier, for the purpose of providing the report under that

subsection or notifying its contents under section 30(8), have not

Regulations.

Schedule C.

succeeded after one month or such longer period as may be

prescribed.

(2) Any Regulations made under subsection (l)(b) amends Schedule

C the extent of any inconsistency between that Schedule and such Regula-

tions.

(3) The Prime Minister may make By-laws regulating the use of any

listed premises by persons taking shelter therein, to apply during the period

when the premises are in use as shelters.

(4) By-laws made under subsection (3) for listed premises which are

not in government occupation may be made on the recommendation of the

occupiers of the premises.

(5) By-laws made under subsection (3) may confer on shelter manag-

ers and shelter officers :-

(a) authority to refuse admission of persons to the shelter to

prevent overcrowding;

(b) authority to prohibit the bringing of pets or other animals into

the shelter;

(c) authority to prohibit the bringing of weapons or hazardous

materials into the shelter;

(d) authority to limit by weight or bulk the luggage or other prop-

erty to be brought into the shelter by persons taking shelter;

(e) authority to disclaim, as a condition of permitting persons using

the shelter, to bring luggage or other property into the shelter,

responsibility for the safety of such property, including respon-

sibility for negligent damage to such property;

Schedule C.

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(f) authority to refuse entry of any person to the shelter unless

that person submits to a search of any luggage or other

property to be brought into the shelter;

(g) authority to allocate the use of the space and the facilities

of the shelter among different users thereof;

(h) authority to regulate the use of musical instruments and

other equipment which may disturb the users of the shelter

by noise or light;

(i) authority to prohibit the consumption of alcoholic drink

and the use of tobacco products in the shelter premises;

(j) authority to require persons to observe safeguards in the

interests of the health of other persons;

(k) authority to require persons using the shelter to take

precautions against the outbreak or spread of fire, includ-

ing participating in fire drills requiring temporary

evacuation and assembly;

(l) authority to set minimum standards of conduct in shelters

in the interests of decency and public morality;

(m) authority to set minimum standards of cleanliness and

tidiness to be observed in shelters;

(n) authority to require persons taking shelter to clean areas

within the shelter which they occupy;

(o) authority to prohibit the commission of breaches of the

peace or sexual or other harassment in or near the shelter;

(p) authority to enforce the criminal law and the regulation

and prohibition of the matters in paragraphs (a) to (o) by

suspension or expulsion from the shelter, and to use

reasonable force for this purpose, independently of any

proceedings in respect of an offence under subsection

(8).

(6) Where the use of reasonable force is permitted under subsection

(5)(p), the shelter manager or officer may request the assistance of any

other person in the use of such reasonable force and neither the shelter

manager or shelter officer or person rendering assistance shall be liable,

whether civilly or criminally, for any tort or offence by virtue of using such

reasonable force.

(7) Where a person is forcibly detained under subsection (5)(p),

detention may not be continued beyond the first reasonable opportunity to

hand over custody of the person detained to a member of the Police

Department.

(8) Statutory instruments made under this Act may create offences

and prescribed penalties for such offences within the limits in section 33.

(9) Unless otherwise provided, statutory instruments made under

this Act shall be subject to negative resolution.

(10) Unless provided otherwise, statutory instruments during any

threatened disaster alert or disaster emergency, statutory instruments made

under this Act, other than Regulations required under subsection (12) to be

published in the Gazette may be published either:-

(a) by announcement in any television or wireless transmis-

sion media licensed under the Broadcasting and

Television Act for transmission and reception in Belize;

or

CAP. 227.

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(b) by notice affixed to the outside of every magistrate’s

court and every police station located in the area of

Belize to which the Regulations apply.

(11) Publication under subsection (10) shall be deemed to be sufficient

compliance, for the duration of any period of disaster alert or disaster emer-

gency, with any requirement of publication under this Act or any other law.

(12) The means of certifying the authenticity of Regulations published

under subsection (10) shall, unless otherwise prescribed by Regulations

published in the Gazette, be:-

(a) in the case of media announcements under subsection

(10)(a), certification by the voice of the Prime Minister, a

Permanent Secretary, the National Coordinator or a Head

of a Department of Government;

(b) in the case of posted notices under subsection (10)(b),

certification by the actual or facsimile signature of the

Prime Minister, a Permanent Secretary, the National

Coordinator or a Head of a Department of Government.

32. Any person commits an offence who assaults or obstructs the

National Coordinator, a hazard inspector, a shelter manager, a shelter officer,

or a member of the police department in the execution of 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) functions under any statutory instrument made under this Act.

33.-(1) Any person who commits an offence under this Act or any statutory

Assaulting

or obsructing

the National

Coordinator or a

hazard inspector.

42 of 1999.

instrument made under this Act shall be liable on summary conviction to a

fine of not more than one thousand Belize dollars ($1,000.00) or to impris-

onment for a period of not more than six months, two years, or to both such

fine and term of imprisonment.

(2) Where particular provision is made by this Act or any Regula-

tions 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 Regula-

tions which, at the time of the act charged as an offence, had been published

only in the manner permitted by section 31(10), 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.

34.-(1) Where an offence is created by this Act, an information against any

person accused of committing that offence may be laid by the National

Coordinator, a member of the Police Department or any other person

authorised in writing by the Prime Minister.

(2) Subject to subsection (1), an information may be laid by a

shelter manager against a person accused of committing an offence under

section 31(8) against By-laws made under section 31(3).

35. This Act binds the Crown.

36. The Acts set out in Schedule B are amended as provided in that

Schedule.

37. This Act shall come into force on such day as the Minister may, by

Order published in the Gazette, appoint.

Power to institute

proceedings.

Act binds the

Crown.

Amendments.

Schedule B.

Commencement.

Penalties.

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SCHEDULE A

[Sections 15(3), 18(1)}

Public Inquiry Procedure

1. Where a public inquiry 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 inquiry on his behalf.

2. A person appointed to hold a public inquiry under this Schedule shall

have the same powers as regards the regulation of the proceedings of the

inquiry and the summoning and examination of witnesses and shall enjoy the

same privilege of immunity from suit as a Commissioner appointed under the

Commission of Inquiry Act and that Act shall, mutatis mutandis, apply in

relation to an inquiry under this Schedule and to any person summoned to

give or giving evidence at any such inquiry.

3. The name of every person appointed to hold a public inquiry 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 Belize of the date appointed by the Prime

Minister for the holding of a public inquiry under this Schedule, the first such

notice being not less than two weeks before the date so appointed.

5. The National Coordinator shall appear or be represented at every

public inquiry under this Schedule.

6. The person appointed under paragraph 1 may, for the purposes of

sections 15(4) and 18(2) of the Act, discharge the functions under this

Schedule simultaneously with those relating to any public inquiry which that

person may have been appointed to hold under any other Act.

CAP 127.

SCHEDULE B

[Section 36]

AMENDMENTS

1. The Customs and Excise Duties Act is amended by inserting a new

section 14A as follows:

14 A. The Comptroller may during a threatened disaster alert or a

disaster emergency under the Disaster Preparedness and Response Act

permit goods to be imported free of duty where the National Emergency

Coordinator certifies that the goods are urgently required for dealing with

the threat or emergency.”

2. The Belize Land Development Authority Act is amended by placing a

comma after the words “Financial Secretary” in section 5(l) and inserting the

words “the National Emergency Coordinator appointed under the Disaster

Preparedness and Response Act”.

3. The Housing and Town Planning Act is amended by inserting:-

(a) after the words “which shall” in section 3(l) the words “subject

to subsection (2)”;

(b) at the end of section 3(2) the words “and one shall be the

National Emergency Coordinator appointed under the Disaster

Preparedness and Response Act.”;

(c) in section 41(1) the words “subject to the provisions of any

special area precautionary plan under section 21 of the Disaster

Preparedness and Response Act” after the words “The Central

Authority may”;

CAP. 48.

“Goods imported

free of duty during

disaster

emergency, etc.

CAP. 145.

CAP. 181.

CAP. 145.

CAP. 182.

CAP. 145.

CAP. 145.

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(d) in section 51 the words “(other than the Disaster

Preparedness and Response Act)” after the words

“the operation of any law”; and

(e) in section 53(4) the words “(other than the Disaster

Preparedness Response Act)” after the words “Any law”.

4. The Land Utilization Act is amended by inserting after paragraph (d)

of section 9(1) a new paragraph (dd) as follows:

“(dd) the National Emergency Coordinator appointed under the

Disaster Preparedness and Response Act;”.

5. The Agricultural Fires Act is amended by:

(a) substituting for the words “in his absolute discretion” in

section 4(1) the words “subject to the provisions of any

applicable fire protection plan under section 4 of the Forest

Fire Protection Act and of any special area precautionary

plan under section 21 of the Disaster Preparedness and

Response Act”.

(b) inserting in section 5 the words “subject to the provisions of

any applicable fire protection plan under section 4 of the

Forest Fire Protection Act and of any special area precau-

tionary plan under section 21 of the Disaster Preparedness

and Response Act” after the words “such applicant shall”.

6. The Forest Fire Protection Act is amended by inserting a new section

14 as follows:

“14. Any exercise of any power of the Chief Forest Officer under

this Act is an exercise of a disaster preparedness related power

within the meaning of section 13(1) of the Disaster Preparedness and

CAP. 188.

CAP. 204.

CAP. 212.

CAP. 145.

CAP. 212

CAP. 145.

CAP. 212.

Disaster

preparedness

and response

related power.

CAP. 145.

CAP. 145.

CAP. 145.

CAP. 145.

Response Act.”

7. The Environmental Protection Act is amended by:

(a) inserting in section 17 (2) the words “and to the provisions of

any special area precautionary plan under section 21 of the

Disaster Preparedness and Response Act” after the words

“Subject to this section”; and

(b) inserting a new section 20(8) as follows:

“(8) Any exercise of the powers of the Department under

subsections (6) and (7) is an exercise of a disaster prepared-

ness related power within the meaning of section 13(l) of the

Disaster Preparedness and Response Act. “

8. The Sales Tax Act is amended by inserting a new section 14(6A) as

follows:

“(6A) The Comptroller of Customs may during a threatened disas-

ter alert or a disaster emergency under the Disaster Preparedness

and Response Act exempt imported goods from the application of

tax under section 13 and this section in any instance where the

National Emergency Coordinator certifies that those goods are

urgently required for dealing with the threat or emergency.”

CAP. 328.

CAP. 145.

CAP. 145.

CAP. 63.

CAP. 145.

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SCHEDULE C

DISASTER ALERT ADVANCE SCHEDULES

SCHEDULE D

AGREEMENT ESTABLISHING

THE CARIBBEAN DISASTER

EMERGENCY RESPONSE AGENCY

THE STATES PARTIES:

CONSCIOUS that the fragile economies and ecosystems of

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2nmuloC

ecnavdAtrelAretsasiD

sdoolF.1

sdrazahlacigoloroeteM.2

senacirruH.3

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Caribbean states are extremely vulnerable to natural and man-made disas-

ters;

RECALLING that during recent decades many Caribbean States

have been adversely affected by a succession of hurricanes, namely Barba-

dos (1955); Cuba, Trinidad and Tobago, Jamaica and Haiti (1964);

Dominica and the Dominican Republic (1979); Saint Lucia, Haiti and

Jamaica (1980) and Antigua and Barbuda, St. Kitts and Nevis and

Montserrat (l989);

RECALLING FURTHER the volcanic eruptions in Martinique and

St. Vincent and the Grenadines (1902); Guadeloupe (1976); St. Vincent

and the Grenadines (1979) as well as the earthquakes in Jamaica

(1902); Puerto Rico (1918); the Dominican Republic (1946) and Antigua

and Barbuda (1974);

MINDFUL that, from time to time, several States of the Caribbean

are subject to disastrous floods and landslides;

AWARE of the need to complement the initiatives of the Pan

Caribbean Disaster Preparedness and Prevention Project by establishing a

mechanism among Caribbean States in order to facilitate immediate and

coordinated assistance to States participating therein in the event of a

disaster;

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

In this Agreement, unless the context otherwise requires:

(a) “Caribbean” means the territories of Member Countries

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of the Pan Caribbean Disaster Preparedness and Preven-

tion Project;

(b) “CARICOM” means the Caribbean Community;

(c) “Coordinator” means the Disaster Emergency Response

Coordinator appointed pursuant to Article 7;

(d) “disaster” means a sudden event attributable directly and

solely either to the operation of the forces of nature or to

human intervention or to both of them and characterised by

widespread destruction of lives or property accompanied by

extensive dislocation of public services, but excluding events

occasioned by war, military confrontation or mismanagement;

(e) “national relief” means the governmental agency charged

organisation with responsibility for disaster relief manage-

ment;

(f) “Participating means a State party to this Agreement and

State” and “affected Participating State” means such a State

in the territory of which a disaster has occurred;

(g) “State” includes a dependent political entity of the Carib-

bean.

Article 2

Establishment of the Agency

The Caribbean Disaster Emergency Response Agency (hereinafter referred

to as “the Agency”) is hereby established with the membership, structure,

powers and functions herein set forth.

Article 3

Membership

Membership of the Agency shall be open to –

(a) the States listed in the Annex to this Agreement; and

(b) other States admitted to membership thereof in accordance

with Article 32.

Article 4

Objectives

The Agency shall have the following objectives:

(a) to make an immediate and coordinated response by means

of emergency disaster relief to an affected Participating

State;

(b) to secure, coordinate and channel to interested inter-

governmental and non-governmental organisations

reliable and comprehensive information on disasters affect-

ing a Participating State;

(c) to mobilise and coordinate disaster relief from governmental

and non-governmental organisations for affected Participat-

ing States;

(d) to mitigate or eliminate, as far as practicable, the immediate

consequences of disasters in Participating States;

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(e) to promote the establishment, enhancement and maintenance

on a sustainable basis adequate emergency disaster response

capabilities among the Members of the Agency.

Article 5

Organs of the Agency

The Agency shall have the following Organs with the powers and

functions specified in this Agreement:

(a) The Council;

(b) The Board of Directors; and

(c) The Coordinating Unit.

Article 6

The Council

1. The Council shall consist of the Heads of Government of the Partici-

pating States.

2. Every member of the Council shall be entitled to nominate any other

person to represent that member at meetings of the Council.

3. The Council shall meet in ordinary session at least once in every

calendar year and shall convene in extraordinary sessions at the request of

three-quarters of the membership of the Agency.

4. Subject to the provisions at paragraph 3 of this Article, the Council

shall regulate its own procedure.

Article 7

Functions of the Council

The Council shall:

(a) determine the policy of the Agency;

(b) determine the organisation with which the Agency may

establish functional relationships;

(c) appoint the Disaster Emergency Response Coordinator on

the recommendation of the Board of Directors;

(d) designate such national disaster relief organisations as it may

deem expedient as Sub-Regional Disaster Emergency

Response Operational Units with the prior consent of the

Government of the Participating State concerned;

(e) approve the budgets of the Agency, and the contributions of

Participating States thereto;

(f) perform such other functions as it may deem necessary or

expedient to achieve the objectives of this Agreement.

Article 8

The Board of Directors

1. The Board of Directors shall consist of heads of national disaster

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relief organisations of Participating States with the Coordinator as its Chair-

man.

2. The Chairperson shall convene the meetings of the Board of Direc-

tors which shall meet at least once in every calendar year. The chairperson

shall convene extraordinary meetings of the Board at the request of not less

than one-half of its members.

3. Subject to the foregoing provisions, the Board of Directors shall

regulate its own procedure.

Article 9

Functions of the Board of Directors

The Board of Directors shall:

(a) establish procedures for mobilising national resources to

provide assistance in a timely and efficacious manner;

(b) establish a system for maintaining and sharing inventories of

critical resources likely to be needed by Participating States

in the event of a disaster;

(c) establish arrangements for rapidly accessing financial re-

sources to cover the cost of mobilisation in the event of

disaster in a Participating State;

(d) establish and maintain systems for facilitating the movement

of resources originating in or transiting a Participating State

having regard to the requirements of immigration and cus-

toms authorities;

(e) establish pro forma lists of the likely requirements of

Participating States in the event of disasters;

(f) establish standards and procedures for the fair and equitable

deployment of resources made available by Participating

States in response to a disaster;

(g) determine the standards and procedures for a phased

triggering of the disaster response mechanism;

(h) assess the contributions of Participating States to the

administrative budget of the Agency and the Emergency

Assistance Fund referred to in Article 25 and make recom-

mendations to the Council;

(i) perform such other functions as the Council may determine.

Article 10

The Coordinating Unit

1. The Coordinating Unit shall be the administrative headquarters of

the Agency and it shall be located in such place as the Council shall decide.

2. The Coordinator shall be the Chief Administrative Officer of the

Agency and shall act in that capacity at all meetings of the Council.

3. The appointment of the Coordinator shall be for a term not exceed-

ing five years and he may be re-appointed.

4. The Coordinator shall make an annual report to the Council on the

work of the Agency.

5. The Coordinator shall appoint the staff of Unit. In particular, he

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shall appoint a Deputy Disaster Emergency Response Coordinator (hereinaf-

ter referred to as “the Deputy Coordinator”) who shall be appointed from

among persons with experience of, and shown capacity in, matters relating to

emergency relief operations, social welfare or administration. The Deputy

Coordinator shall serve for a period not exceeding two years and he may be

re-appointed.

6. The paramount consideration in the recruitment and appointment of

staff in the Coordinating Unit and in the determination of their conditions of

service shall be the need to ensure the highest standards of competence,

efficiency and integrity. Subject to this consideration, due regard shall be

paid to the importance of recruiting staff on as wide a geographical basis as

possible.

7. In the performance of their duties the Coordinator and his staff shall

not seek or receive instructions from the Government of any Participating

State or from any source external to the Agency. They shall refrain from any

action which may reflect adversely on their positions as international officials

responsible only to the Agency.

8. Participating States undertake to respect the international character

of the responsibilities of the Coordinator and his staff and not seek to influ-

ence them in the discharge of their duties.

9. Subject to the approval of the Board of Directors, the Coordinator

shall establish the terms and conditions of service of the staff of the Coordi-

nating Unit.

Article 11

Functions of the Coordinating Unit

In addition to any other functions which may be allocated to it by the Council

or the Board of Directors, the Coordinating Unit shall:

(a) develop and maintain a reliable damage assessment system

and procedures to facilitate rapid and effective evaluation of

a national disaster;

(b) develop and maintain a comprehensive and reliable data

base of key relevant resource persons, facilities, equipment

supplies and a system of updating it;

(c) establish, equip and maintain an emergency operations

system capable of handling emergency telecommunications

and facilitating coordination of emergency responses involv-

ing many services, supplies and facilities;

(d) establish and maintain an efficient and reliable system of

communications with sub-regional operational focal points in

order to facilitate the mobilisation, deployment and coordi-

nation of disaster response supplies and services;

(e) establish arrangements with regional airlines and shipping

lines in order to ensure access to their facilities on a priority

basis in the event of a disaster;

(f) establish arrangements with regional media houses designed

to ensure the dissemination of reliable information on

national disasters to the public;

(g) establish arrangements with CARICOM Committee of

Ambassadors in various metropolitan centres in order to

ensure the dissemination to them of reliable information on

national disasters in Member States and to enlist their

cooperation in mobilising disaster relief resources on a

timely and structured basis;

(h) establish and maintain a reliable system of communications

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with the heads of national relief organisations and ensure that

their disaster response capabilities are maintained at agreed

levels of operational efficiency;

(i) establish and maintain relations with international relief

organisations in order to facilitate accessing of their resources

in the event of a disaster;

(j) mobilise and organise technical assistance from interested

national and international bodies to assist in the development

of disaster response capabilities of Participating States;

(k) provide a clearing house for relevant information and intelli-

gence in all matters relating to disaster including current

research being undertaken in all related regional institutions;

(l) on the basis of a distress call or on such other basis as may

be agreed and in consultation with, Sub-Regional Disaster

Response Operational Units, trigger the mechanism;

(m) provide assistance on request to the heads of national relief

organisations in the event of a disaster;

(n) liaise with the disciplined forces of the sending States both in

the planning and response stage of any operation mounted

after the activation of the triggering mechanism;

(o) review periodically, disaster response capabilities of

Participating States and ensure that resources identified for

the purpose are immediately available in the event of disas-

ters in Participating States;

(p) prepare the administrative and emergency budgets of the

Agency for submission to the Board of Directors.

Article 12

Sub-Regional Disaster Emergency Response Operational Unit

1. Where, pursuant to paragraph (d) of Article 7, the Council has

designated Sub-Regional Disaster Emergency Response Operational Units,

such bodies shall:

(a) acquire and maintain on an updated basis comprehensive

information on the facilities and services available in each of

the Participating States for which they bear responsibility;

(b) maintain and test on a regular basis a communication with

the Coordinating Unit and with critical response agencies

under the control of national relief organisations;

(c) maintain independent fuel and power supplies and ensure

that relevant physical facilities are in a condition to withstand

a major disaster;

(d) keep and maintain at the operational focal point in service-

able and optimal working condition an equipment package

containing essential items determined by the Board of

Directors, subject to the approval of the Council.

2. In making a designation referred to in paragraph I of this Article, the

Council shall identify the States for which the Sub-Regional Disaster Re-

sponse Operational Unit concerned shall have responsibility.

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Article 13

Undertaking of Participating States

Without prejudice to the requirement to discharge any other obligations

assumed under or in connection with this Agreement, Participating States

undertake:

(a) to establish or maintain, as the case may be, national relief

organisations capable of responding swiftly, effectively and in

a coordinated manner to disasters in Participating States;

(b) to establish emergency disaster planning groups and define

national policies and priorities in the event of disasters;

(c) provide national relief organizations with adequate support

including named emergency coordinators, liaison officers with

key Ministries, emergency services, utilities and the like;

(d) to task the named agencies (including the emergency ser-

vices, Health and Public Works) and their coordinators with

specific functions and responsibilities to ensure the develop-

ment of an adequate response capability to support national

disaster action;

(e) to define the role and functions of key agencies such as the

Security Services, Health and Public Works in disaster emer-

gency response management and establish a system for

regular review of their procedure for coordinated response;

(f) establish and equip a suitable emergency operations centre

capable of handling emergency telecommunications and

coordinating emergency responses involving many services;

(g) develop and maintain an emergency telecommunications

system based on the most appropriate technology to ensure

the coordination of emergency operations involving the

emergency services mentioned above as well as voluntary

private sector services;

(h) establish and strengthen procedures for coping with major

disaster threats and scenarios and review systems for testing

the procedures by drills and simulations;

(i) to review and rationalise legal arrangements for disaster

mitigation and emergency action;

(j) to review and catalogue past disaster events and list cred-

ible future emergency event scenarios and identify and map

areas with special problems like flood prone and landslide

prone areas;

(k) to establish data bases of key resources, both human and

material, and a system for keeping them current and to

computerise and integrate them into an automated emer-

gency information system;

(l) to develop, in collaboration with competent governmental

agencies, an emergency shelter policy and programme

involving the full participation of local officials in commu-

nity-based organisations;

(m) to develop and review a system for community participa-

tion, local mobilisation and counter disaster action in the

event of isolation;

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(n) to develop strategies for loss reduction in the public and

private sectors focusing on vital economic activities and life-

line activities like water supply;

(o) to develop a system and procedures for damage assessment

in order to facilitate rapid and effective post impact evalua-

tion;

(p) to develop and implement a comprehensive disaster public

awareness, information and education programme involving

media houses, schools, voluntary agencies and other institu-

tions in order to ensure public participation and community

involvement in the disaster management system;

(q) develop and implement appropriate training programme for

persons involved in the disaster management system;

(r) identify and seek participation in bilateral and multilateral

technical cooperation programme designed to develop

disaster management capabilities;

(s) to identify, maintain in a state of readiness and make available

immediately on request by the Coordinator relevant material

and human resources in the event of disaster.

Article 14

Relations with Governmental

and Non-Governmental Institutions

1. The Agency may conclude agreements with Governmental, Inter-

Governmental and non-Governmental organisations or agencies in order to

achieve the objectives of the Agency.

2. Unless the Council decides otherwise, the Coordinator may negoti-

ate and conclude such Agreements on behalf of the Agency.

Article 15

Disciplined Forces

1. Where, in response to a request for assistance by any Participating

State, members of the disciplined forces are dispatched to any part of the

territory of the requesting State, the Coordinator shall, subject to the

express prior agreement of the competent authorities of the requesting State,

designate a Special Coordinator from among the senior officers of such

forces, acting after consultation with the Chiefs of Staff or Commanding

Officers of the disciplined forces concerned.

2. The Special Coordinator shall be charged with responsibility for

coordinating the disaster relief efforts of the disciplined forces dispatched to

the Participating State concerned for the purpose.

3. No member of the disciplined forces shall be dispatched to the

territory of an affected Participating State without the express prior consent

of that State.

4. In the absence of a contrary agreement between the requesting

State and the sending State to that effect, members of the disciplined forces

of the sending State shall be under the control and disciplinary authority of

their commanding officer.

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Article 16

Direction and Control of Assistance

1. Subject to paragraph 2 of this Article, the overall direction, control,

coordination and supervision of assistance dispatched to a requesting State

shall be the responsibility within its territory of the requesting State.

2. Where the assistance from a sending State involves personnel other

than disciplined forces, the sending State shall designate in consultation with

the requesting State the person who should be in charge of, retain immediate

operational supervision over the personnel, equipment and supplies provided

by it. The person so designated shall exercise such supervision in coopera-

tion with the competent authorities of the requesting State.

3. The requesting State shall provide to the extent of its capabilities local

facilities and services for proper and efficient administration of communica-

tions assistance. In particular, the requesting State shall ensure that any

ground stations brought into its territory for the purpose of rendering assis-

tance shall be duly licensed to transmit and receive information in accordance

with its domestic laws and regulations.

4. In the absence of a contrary agreement, ownership of equipment and

materials dispatched to the requesting State by a sending State during periods

of assistance shall be unaffected and their prompt return shall be ensured.

5. The requesting State shall ensure the protection of personnel, equip-

ment and materials brought into its territory for the purpose of rendering

assistance in the event of a disaster.

Article 17

Competent Authorities and Contact Points

1. In the absence of a contrary indication from Participating States the

competent authority and contact point to make requests for and accept

offers of assistance in the event of a disaster shall be the head of the national

relief organisation.

2. Contact points and a focal point within the Coordinating Unit shall

be made available continuously.

3. The Coordinating Unit shall regularly and expeditiously provide

Participating States and relevant international organisations with the informa-

tion referred to in paragraphs 1 and 2 of this Article.

Article 18

Confidentiality and Public Statements

1. Participating States shall respect the confidentiality of any confiden-

tial information becoming available to them in connection with assistance

requested in the event of a disaster. Such information shall be used exclu-

sively for the purpose of the assistance agreed upon.

2. The sending State shall use its best endeavours to coordinate with

the requesting State before releasing information to the public on the assis-

tance provided in connection with a disaster.

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Article 19

Costs of Providing Assistance

Except as may otherwise be agreed between them, the expenses incurred by a

sending State in providing assistance to a requesting State shall be defrayed by

the sending State.

Article 20

Termination of Assistance

1. The Coordinator shall, subject to paragraph 2 of this Article, in

consultation with the requesting State, determine the period of response to a

disaster.

2. The requesting or sending State may, at any time, after appropriate

consultation and by notification in writing request the termination of assistance

provided or received under this Agreement.

3. Upon a request being made in that behalf, the parties concerned shall

consult with each other to make arrangements for the termination of the

assistance.

Article 21

Privileges, Immunities and Facilities

to be accorded a Sending State and its Personnel

1. The requesting State shall accord to personnel of the sending State

and personnel acting on its behalf the necessary privileges, immunities and

facilities for the performance of their functions in rendering assistance.

2. Subject to prior notification by the sending State and acceptance by

the requesting State of the personnel of the sending State or personnel

acting an its behalf, the requesting State shall:

(a) grant to such personnel immunity from arrest, detention and

legal process including criminal, civil and administrative

jurisdiction of the requesting State, in respect of acts or

omissions in the performance of their functions in rendering

assistance;

(b) grant to such personnel exemption from taxes, duties or

other charges, in respect of the performance of their func-

tions in rendering assistance, as is accorded to diplomatic

personnel in accordance with international laws;

(c) facilitate the entry into, stay in and departure from its

territory of personnel so notified and accepted.

3. The requesting State shall:

(a) accord the sending State exemption from taxes, duties or

other charges on equipment and property brought into the

territory of the requesting State by the sending State for the

purpose of rendering assistance;

(b) confer immunity from seizure, attachment or requisition of

such equipment and property and ensure their return to the

sending State.

4. Nothing in this Article shall require the requesting State to accord its

nationals or permanent residents the privileges and immunities provided for

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in paragraph 2(b) of this Article.

5. All persons enjoying privileges and immunities under this Article have

a duty to respect the law and regulations of the requesting State and shall not

interfere in the domestic affairs of the requesting State.

Article 22

Transit of Personnel, Equipment and Property

Participating States shall, at the request of the requesting State or the sending

State, take all measures necessary to facilitate the transit through their territory

of duly notified personnel, equipment and property involved in rendering assis-

tance to and from the requesting State.

Article 23

Claims and Compensation

1. Participating States shall cooperate in order to facilitate the settlement

of legal proceedings and claims under this Article.

2. In the absence of a contrary agreement, the requesting State shall, in

respect of death or injury to persons, damage to or loss of property, or

damage to the environment caused within its territory or under its control or

jurisdiction in the course of providing the assistance requested:

(a) not bring any legal proceedings against the sending State or

persons or other legal entities acting on its behalf;

(b) assume responsibility for dealing with legal proceedings and

claims brought by third parties against the sending State or

against persons or other legal entities acting on its behalf

except in cases of wilful misconduct or gross negligence;

(c) hold the sending State or persons or other legal entities

acting on its behalf harmless in respect of legal proceedings

referred to in sub-paragraph (b) hereof;

(d) compensate the sending State or persons or other legal

entities acting on its behalf for death or injury to personnel

of the sending State or persons or other legal entities acting

on its behalf and for loss of or damage to non-consumable

equipment or materials related to the assistance except in

cases of wilful misconduct or gross negligence by individuals

causing the death, injury or loss or damage.

3. Nothing in this Article shall be construed to prevent compensation

or indemnity available under any applicable international agreement or

national law of a Participating State nor to require the requesting State to

apply paragraph 2 of this Article, in whole or in part, to its nationals or

permanent residents.

Article 24

The Administrative Budget

1. The Agency shall establish an administrative budget, the funds of

which shall be used to defray the ordinary expenses incurred in administer-

ing its affairs.

2. Participating States shall contribute to the administrative budget in

accordance with a scale of assessment to be determined by the Board of

Directors and approved by the Council.

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3. The administrative budget shall be established on a biennial basis and

the Coordinator shall cause the accounts of the Agency to be audited annu-

ally by external auditors and approved by the Board of Directors.

4. The report of the auditors shall be presented by the Coordinator to

the Board of Directors as soon as practicable for the consideration and

approval by the Board of Directors.

5. The Coordinator, with the approval of the Board of Directors, shall

establish financial regulations for the Agency.

Article 25

Emergency Assistance Fund

1. The Agency shall establish an Emergency Assistance Fund (hereinaf-

ter in this Article referred to as “the Fund”) which shall be used solely to

defray expenses incurred in connection with the rendering of assistance in the

event of a disaster occurring in a Participating State.

2. Participating States shall contribute to the Fund in accordance with a

scale of assessment to be determined by the Board of Directors and ap-

proved by the Council.

3. The Coordinator may accept contributions to the Fund from sources

external to the Agency on such conditions as may be prescribed by them and

agreed by the Board of Directors but without discrimination as to the Partici-

pating States to receive such assistance.

4. The Coordinator shall cause the accounts of the Fund to be audited

annually by the auditors referred to in paragraph 3 of Article 24.

5. Paragraph 4 of Article 24 shall apply for the purposes of the Fund.

Article 26

Privileges and Immunities of the Agency

1. The Agency shall have international legal personality and such legal

capacity as may be necessary for the exercise of its functions and the

fulfillment of its objectives.

2. The Agency, its property and assets shall enjoy in the territories of

the Participating States immunity from legal process except to the extent that

the Agency waives this immunity expressly in any particular case.

3. The property and assets of the Agency in Participating States

wherever located and by whomsoever held shall be immune from search,

requisition, confiscation, appropriation or any other form of seizure by

executive or legislative action.

4. The property and assets of the Agency shall be exempt from

restrictions, regulations, controls and moratoria of any kind.

5. The archives of the Agency, wherever located, shall be inviolable.

Proprietary data, confidential information and personnel records shall not be

placed in archives open to public inspection.

6. In respect of its official communications, the Agency shall be ac-

corded by each Participating State treatment no less favourable than that

accorded by that State to other international organisations.

Article 27

Representatives and Staff of the Agency

Representatives of Participating States attending meetings of the Council of

the Board of Directors and the Coordinator and other staff of the Unit shall

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enjoy in the territory of each Participating State:

(a) immunity from legal process with respect to acts performed

by them in the exercise of their functions, except to the extent

that the States which they represent or the Agency as appro-

priate expressly waives this immunity in any particular case;

(b) where they are not nationals of that Participating State, the

same exemptions from immigration, restrictions, alien regis-

tration requirements and national service obligations, the

same facilities as regards exchange restrictions and the same

treatment in respect of travelling facilities as are accorded by

that Participating State to the representatives, officials and

employees of comparable rank of other Participating States.

Article 28

Exemptions from Taxes and Customs Duties

1. The Agency, its assets and property, its income and its operations

and transactions within the contemplation of this Agreement, shall be exempt

from all direct taxation and goods imported or exported for its official use

shall be exempt from all customs duties. The Agency shall not claim exemp-

tion from taxes which are no more than charges for services rendered.

2. Where purchases of goods or services of substantial value necessary

for the official activities of the Agency are made by or on behalf of the

Agency, and where the price of such goods or services includes taxes or

duties, appropriate measures shall, to the extent practicable, be taken by

Participating States to grant exemptions from such taxes or duties or

provide for their reimbursement.

3. Goods imported or purchased under an exemption provided for in

this Article shall not be sold or otherwise disposed of in the territory of the

Participating State granting the exemptions except under conditions agreed

with that Participating Member State.

4. No tax shall be levied by participating States or in respect of

salaries and other emoluments paid or any other form of payment made by

the Agency to the Coordinator and staff of the Agency as well as experts

performing missions for the Agency, not being their nationals.

Article 29

Suspension of Rights and Privileges of Membership

1. A Participating State which is in arrears in the payment of its finan-

cial contribution to the administrative budget of the Agency shall have no

vote in the Council or the Board of Directors if the amount of the arrears

equals or exceeds the amount of the contributions due from it for the pre-

ceding two financial years.

2. A Participating State which has grossly and persistently violated the

obligations assumed under this Agreement may be suspended from the

exercise of the rights and privileges of membership by the Council.

3. A determination within the meaning of paragraph 2 of this Article

shall be made by the Council.

Article 30

Settlement of Disputes

In the absence of a contrary agreement between the parties concerned, all

disputes arising from or in connection with the interpretation or application

of this Agreement shall be settled by the Council.

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Article 31

Signature and Ratification

The Agreement shall be open for signature by the States listed in the Annex to

this Agreement and shall be subject to ratification in accordance with their re-

spective constitutional procedures.

Article 32

Entry into Force

1. This Agreement shall enter into force when Instruments of Ratification

have been deposited by at least seven of the States listed in the Annex to this

Agreement including Barbados, Jamaica and Trinidad and Tobago.

2. Any other Caribbean State not listed in the Annex to this Agreement

may apply to become a member of the Agency. Applications for member-

ship shall be submitted to the Coordinating Unit. Admission to membership of

the Agency shall be determined by the Council on the recommendation of the

Board of Directors.

3. A state admitted to membership in accordance with paragraph 2 of

this Article shall deposit an appropriate Instrument of Accession with the

CARICOM Secretariat before becoming entitled to enjoy the privileges of

membership of the Agency.

Article 33

Depository

1. The original of this Agreement and any amendment thereto shall be

deposited with the CARICOM Secretariat.

2. The Secretary-General of CARICOM shall notify the Coordinating

Unit of the Agency of the deposit of Instruments of Ratification or Acces-

sion, as the case may be.

Article 34

Amendments

1. Any Participating State may propose amendments to this Agree-

ment.

2. Any proposal for an amendment to this Agreement shall be submit-

ted to the Coordinating Unit which shall transmit it to the Board of Directors

with its comments.

3. The Board of Directors shall consider the proposal together with the

comments of the Coordinating Unit and make a recommendation to the

Council.

4. The Council shall consider the proposal for amendment and may

adopt it with such modifications as it deems necessary.

5. Amendments shall enter into force when ratified by all Participating

States.

Article 35

Denunciation and Withdrawal

1. Any Participating State may denounce this Agreement and withdraw

from the Agency.

2. Any Participating State wishing to withdraw from the Agency shall

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give to the Coordinating Unit twelve months’ notice of its intention to do so

and the Coordinator shall immediately notify the other participating States.

3. The notice mentioned in paragraph 2 of this Article may be with-

drawn at any time prior to the date on which withdrawal is to take effect.

4. A Participating State withdrawing from the Agency shall honour any

financial obligation duly assumed by it during the period of its membership.

Article 36

Provisional Application

1. Seven or more of the Participating States listed in the Annex to this

Agreement including Barbados, Jamaica and Trinidad and Tobago, may,

upon signature, or at any later date before this Agreement enters into force,

declare their intention to apply it provisionally.

2. Upon any such declaration the Secretary-General of CARICOM shall

convene an inaugural meeting of the Council.

[Then follows the Annex with the names of the States which are members to

the Agreement.]