Delta State Emergency Management Agency Law, 2011

DELTA STATE EMERGENCY MANAGEMENT AGENCY LAW, 2011

1. Short title and Commencement. This Law may be cited as the Delta State Emergency Management Agency Law, 2011 and shall come into force on the 21st day of November, 2012.

2. Interpretation. In this Law unless the context otherwise requires: "Agency" means the Delta State Emergency Management Agency; "Committee" means Delta State Energency Management Agency Committee, "Commissioner" means the Bureau for Special Duties Commissioner in charge of the State Errergency Management Agency; "Disasters " includes disaster arising from any crisis, war, famine, floods, fires, epidemics, draught, hurricanes, earthquakes, volcanoes, mass destruction of animals, or other accidents and mass deportation or repatriation of Nigerians from abroad; "Governor" means the Governor of Delta State; "State " means Delta State of Nigeria.

3. Establishment of the State Emergency Agency. There is hereby established in the State an Emergency Management Agency, in this Law referred to as the "Agency" which: (a) shall be a body corporate; and (b) may sue and sued in its corporate name.

4. Functions of the Agency. Agency shall: (a) formulate policy on all activities relating to disaster manage ment in the State and co-ordinate the plans and programmes for efficient response to disasters at the State level; (b) co-ordinate and promote research activities relating to disaster management in the State level; (c) monitor the state of preparedness of al! organizations or agencies which may contribute to disaster management in the State; (d) collate data from relevant agencies on disaster and risk areas in the State so as to enhance forecasting, planning and field operation of disaster management; (e) respond to any disaster within the State and may seek assistance from the National Emergency Managesnent Agency, if in the opinion or the Agency such assistance is expedient; (f) educate and inform the public on disaster prevention and control measures; (g) co-ordinate and facilitate within the State the provision of necessary resources for research and rescue and other types of disaster curtailment activities in response to distress calls; (h) co-ordinate the activities of all voluntary organisations engaged in emergency relief operations in the State; (i) receive financial and technical aid from international organizations and non-governmental agencies for the purpose of disaster management in the State; (j) collect emergency relief materials from local, foreign sources and from international and non-governmental agencies; (k) distribute emergency relief materials to victims of or other disaster including internally displaced persons within the State and assist in the rehabilitation of the victims where necessary; (l) liaise with and submit periodic reports to the National Emergency Management Agency, the lead national co-ordinating Agency on all aspects of disaster reduction/management; (m) prepare the annual budget for disaster managemnt in the State; (n) act as an advisory and consult body issues concerning disasters and disaster management to; (i) organs of State and statutory functionaries involved in disaster management; (ii) the private sector and non-governmental organizations; (iii) communities and individuals: and (iv) other governments and institutions. (o) promote the training and participation Of volunteers in disaster management; (p) promote disaster management capacity building, training and education throughout the State including schools; and (q) perform such other functions which in the opinion of the Agency is required for the purpose of achieving its obiectives.

5. Establishment of a Committee for the Agency. (1) There is hereby established for the Agency a committee to be known as the Delta State Emergency Management Agency Committee. (2) The Committee shall consist of: (a) the Commissioner, Bureau for Special Duties who shall be the Chairman; (b) the Secretary to the State Government or his nominee; (c) the Permanent Secretary, Bureau for Special Duties; (d) one representative each of the following State Ministries who shall not be below the rank of a Director that is:- (i) Finance; (ii) Justice; (iii) Health; (iv) Social Development & Community Affairs; (v) Transport; (vi) Water Resources; (vii) Works; (viii) Housing; (ix) Agriculture and Natural Resources; (x) Environment; (xi) Education; and (xii) Information. (e) one representative each of- (i) the State Fire Service; (ii) the Nigeria Police Force; (iii) the Nigerian Red Cross Society; (iv) the Nigerian Army; and (v) such voluntary organizations as may determined from time to time. (3) The Committee shall meet not less than four times in a year.

6. Appointment of a permanent Secretary for the Agency. There shall be a Permanent Secretary appointed for the Agency by the Governor who shall be: (i) the accounting officer of the Agency; (ii) the secretary to the committee; and (iii) responsible for the day to day administration of the Agency.

7. Staff of the Agency. The Agency shall have such other officers who shall be drawn from the Civil Service the State.

8. Department of the Agency. The Agency shall have the following department: (a) department of Administration and Finance; (b) department of Relief, Rehabilitation and Rescue; (c) department of Planning, Research and Statistics.

1. The Agency shall establish and maintain a fund from which all expenditure incurred by it shall defrayed. (2) There shall be paid and credited to the fund established:- (a) any fund appropriated to the Agency by the State; (b) such monies as may from time to time be granted or given to the Agency by the Federal or State Government; (c) such monies as may from time to time be granted or received from the: (i) organized private sector; (ii) international or donor organizations, non-governmen tal organizations and public spirited individuais. (d) all monies raised for the purpose of the Agency by way of gifts, grants in-aid or otherwise; (e) such monies that may be received from National and State Emergency Trust Fund; and (f) all other assets that may from time to time accrue to the Agency. (3) The funds shall be managed in accordance with the regulations made and approved by the Governor and without prejudice to the generality of the power to make rules under this subsection, the rules shall in particular contain provisions: (a) specifying the manner in which the assets or the funds of the Agency are to be held, and regulating the making of payment into and out of the funds; and (b) requiring the keeping of proper accounts and records for the purpose Of the fund in such form as may be specified in the rules.

10. Expenditute of the Agency. The Agency shall apply the proceeds of the fund established pursuant to section 9 of this law to: (a) the cost of administration of the Agency; (b) the payment for all contracts including variations and cost on contract administration; (c) the payment for all purchases; and (d) undertaking such other activities as are connected with all or any of the functions.

11. Power to accept gift. (1) The Agency may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gift and approved by the Governor. (2) The Agency shall not accept any gift if the conditions attached by the person or organization making the gifts are inconsistent with the functions of the Agency under this Law or any Law applicable to the State.

12. Power to award contract. The Agency shall have power to award contracts not exceeding the sum of N5million for the performance of any of its functions under this Law as approved by the Governor.

13. Annual Estimate and expenditure. (1) The Agency shall as and when due submit a budget to the Ministry of Economic Planning. (2) The Agency in respect of each year and proper records in relation thereto, shall cause the accounts to be audited not later than 6 months after the end of each year by the auditors appointed from the list of recommended auditors and in accordance with guidelines supplied by the Auditor-General of the State.

14. Contract with international organization. The Agency shall establish communication links with foreign disaster management agencies, including institutions performing functions similar to those performed by the Agency to exchange information and to have access to international expertise and assistance in respect of disaster management.

15. Communication Links with Disaster Management role Players. (1) The Agency shall:- (a) develop and maintain a directory of institutional role players that are or should be involved in disaster management within the State showing:- (i) their names, telephone, fax numbers and physical, postal and electronic addresses; (ii) particulars of their involvement in disaster management; (iii) the nature, capacity and location of emergency and relief services under their control and where possible signed MOUs (Memoranda of Understanding). (b) establish effective communication links with contact persons identified by role-players. (2) The directory shall include particulars of:- (a) all national, state and local govemment and statutory functionaries involved in disaster management; (b) non-governmental organizations involved in disaster management; (c) disaster management experts in Nigeria; (d) private sector organizations with specialized equipment, skills or knowledge relevant to disaster management; (e) private sector voluntary agencies involved in disaster management; and (f) foreign non-governmental organizations and internatio nal organizations involved in disaster management in Nigeria.

16. Disaster management Information System. (1) The Agency shall act as a repository of and conduit for information concerning disasters and disaster management and shall for this purpose: (a) collect information on all aspects of disasters and disaster management; (b) process and analyze such information; (c) develop and maintain an electronic database envisaged in section 16(2) of this section; and (d) take steps to disseminate such information especially to communities that are vulnerable to disaster. (2) The electronic database developed by the Agency shall contain essential information concerning disasters that occur in the State and disaster management issues, including information on: (a) phenomena, occurrence, activities and circumstances that cause or aggravate disaster; (b) risk factors underlying disaster and ways and means to avert such risks; (c) recurring occurrence that result in losses; (d) prevention and mitigation classified as disaster in terms of this Law; (e) early warning systems; (f) areas and communities that are particularly vulnerable to disasters; (g) indigenous knowledge relating to disaster management; (h) the directory of role-players referred to in section 15 and the names and particulars of their respective contact persons; (i) emergency response resources and capacity by national, state and local spheres of government and in the non-govern mental sectors, including the location and size of and other relevant information relating to disasters; (j) emergency response resources and capacity in neighboring States and relevant international relief agencies; (k) emergency preparedness in the different spheres of government; i) research and training facilities for disaster management disciplines; (ii) ensure that the database is electronically accessible to any person free of charge; nothing in this Law prevents the Agency from: (a) establishing security safeguards to protect the database from abuse; and (b) classifying parts of the database as restricted areas.

17. Prevention and mitigation. (1) The Agency to the extent that it has the capacity shall give guidance to the public, private sector, non-governmental organizations, communities and individuals to assess and prevent or reduce the risk of disasters including: (a) ways and means of:- (i) determining levels of risks: ii) assessing the vulnerability of communities and households to disaster that may occur (iii) increasing the capacity of communities and households to minimizing the risk and impact ef disasters that may occur; (iv) monitoring the likelihood of, and the state of alertness to disaster that may occur. (b) the development and implementation of appropriate prevention and mitigation methodologies; (c) the integration of prevention and mitigation methodologies with development plans, programmes and initiatives; and (d) the management of high risk developments. (2) The Agency shall promote formal and informal initiatives that encourage risk avoidance behaviour by public sector, non governmental organizations, communities and individuals.

18. Declaration of Disaster in a State. (1) When a disastrous event occurs in a State, the Agency shall determine whether the event should be regarded as a disaster in terms of Section 19 of this Law and the NEMA Act, and if so, the Agency must immediately:- (a) initiate efforts to assess the magnitude and severity or potential magnitude and severity of the disaster; and (b) inform NEMA of the disaster and its initial assessment of the magnitude and severity of the disaster; (c) alert disaster management role-players in the State that may be of assistance in the circumstances; (d) initiate the implementation of any contigency plan and emergency procedures that may be applicable in the circumstances. (2) When informing NEMA in terms of subsection 18(1)(b) the Agency may make such recommendations regarding the classification of the disaster as may be appropriate.

19. Classification and recording of disaster. (1) The Governor shall classify a disaster as State disaster at any time after consultation with the Agency and consideration of any information and recommendation concerning the disaster received from the stakeholders or disaster management role players and independent assessors; (2) The Agency may, if it deenn fit, enlist the assistance of an independent assessor to evaluate the disaster on site.

20. Regulations by the Governor. (1) If a disaster has been determined in the State in terms of subsection (19)(1), the Governor may make regulation or issue directives or authorize the issue of directives concerning: (a) the release of any available resources of the State government, including stores, equipment, vehicles, and facilities; (b) the release of personnel of the State for the rendering of emergency services; (c) the implementation of all or any of the provisions of a State disaster management plan that are applicable in the circumstances; (d) The evacuation to temporary shelters of all or part of the population from the disaster stricken or threatened area if such action is necessary for the preservation of life; (e) the regulation of traffic to, from or within the disaster stricken or threatened area; (f) The regulation of the movement and goods to, from or within the disaster stricken or threatened area; (g) the control and occupancy of premises in the disaster stricken or threatened area; (h) the provision, control or use of temporary emergency accomodation; (i) the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster stricken or threatened area; (j) the maintainance r installation of temporary means of communication to, from or within the disaster area; (k) the dissemination of information required for dealing with the disaster; (l) emergency procurement procedures; (m) the facilation of response and post-disaster recovery and rehabilitation; (n) steps to facilitate national and international assistance; or (o) other steps that may be necessary to prevent an escalation of the disaster, or to alleviate, contain and minimize the effect of the disaster. (2) The powers in subsections 17 (2) may be exercised only to the extent that this is necessary for the purpose of: (a) assisting and protecting the public; (b) providing relief to the public; (c) protecting property; (d) preventing or combating disruption; or (e) dealing with the destructive and other effects of the disaster. (3) A State disaster that has declared in terms of section 19(1) (a) lapses three months it has go been declared. (b) may be terminated by Governor before it lapses in terms of section 16(4)(a) or the existing extension is due to expire; and (c) may be extended by the Governor for one month at a time before it lapses in terms of paragraph 16(4)(a) or the existing extension is due to expire.

21. Disaster Management Volunteers. (1) The Agency shall establish a unit of volunteers to participate in disaster management in the State. (2) Any person that meets the minimum requirements as prescribed by the Agency may apply to enroll as a volunteerin the unit of volunteers of the State. (3) The Agency shall maintain a register of all volunteers enrolled. (4) A unit of volunteers may participate in exercise related to disaster management organised by the State. (5) The Agency may prescribe following:- (a) the command structure of unit of volunteers; (b) the components within a unit of volunteers; (c) the requirement for and enlisting of a volunteer; (d) the manner in which any member of a unit of volunteers is to be activated and deployed; (e) the use of equipments by volunteers; (f) the defraying of expenses incurred by volunteers; (g) the uniforms Of volunteers; (h) the insignia to be worn by; (i) different unit of volunteers; (ii) different components within a unit of volunteers to another unit of volunteers; (iii) different positions of command within a unit of volunteer. (iv) the transfer of a volunteer from unit of volunteers to another unit of volunteers. (6) This section does not preclude:- (a) the Agency from calling on persons who are not members of a unit of volunteers to assist in dealing with a disaster; or (b) any member or group of from taking reasonable steps to deal with a disaster in an appropriate manner.

22. Requisition etc. (1) In the exercise of its functions under this Law, the Agency may demand by requisition from any organization any equipment, facilities, or personnel which may assist in a speedy and efficient search and rescue operation and any other form of disaster operation during a period of emergency. (2) Any organization, persons or group of persons who: (a) willfully obstructs or impedes the Agency or any person acting under the authority of the Agency in the exercise of any powers or duties under this Law; or (b) without reasonable excuse fails to- (i) render assistance or release any available equipment, facility or personnel required for a search and rescue operation or other disaster curtainment activities;or (ii) comply with a directive of the Agency is guilty of an offence and liable on conviction to a fine not less than N50,000 in case of an individual and not less than 500,000 in case of an organisation or six months imprisonment or to both such fine and imprisonment. (3) The Agency may with the approval of the Governor provide fair and reasonable established compensation for loss or damage arising from of any equipment, facility or personnel required under this section.

23. Office and premises of the Agency Cap 202 LFN. For the purpose of providing offices and premises necessary for the performance of its functions under this Law, the Agency may subject to the Land Use Act- (i) Purchase or take on lease any interest in land or any other property and; (ii)Construct offices and premises, equip and maintain same, subject to the approval of the Governor.

24. Directives of the Governor. Subject to the provisions of this Law, the Governor may give directives to the Agency of a general nature relating to matters of policy with regards to the performance of its functions and it shall be the duty of the Agency to comply. 25. Power to make regulation. The Agency may with the approval of the Governor make regulations generally for the purpose of giving full effect to this Law. (1) The fixing of the seal of the Agency shall be authenticated by the signatures of the Chairman of the Committee and the Permanent Secretary of the Agency. (2) Any contract or instrunent which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf Of the Agency by the Chairman.