Disaster Management Act · s 28

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28.
Directions about powers under other written law
(1) This section applies if there is a disaster situation.
(2) The Minister or the Director may give directions about the circumstances in which a power under any other written law may be

Disaster Management 20
exercised during the period of the disaster situation, but shall not give directions about the way in which that power shall be exercised.
(3) A direction under subsection (2) shall only be given —
(a) to the person who may exercise the power under that written law; and
(b) if it is necessary for effective management of the disaster for which the disaster situation is declared.
Illustration
Example 1 — The Minister may direct any appointed authority or inspector under the Prevention of Pollution of the Sea Order, 2005
(S 18/2005) to delay exercising any particular powers until the Minister considers it is appropriate in the circumstances for those powers to be exercised.
Example 2 — If the disaster situation involves an outbreak of an infectious disease, the Minister may direct any health officer under the
Infectious Diseases Act (Chapter 204) to delay exercising any particular powers until the Minister considers it is appropriate in the circumstances for those powers to be exercised.
(4) A direction under subsection (2) may be —
(a) general or limited to a particular class of person; and
(b) given on conditions.
(5) Before giving a direction under subsection (2) about the exercise of a power under any other written law, the Minister or the Director shall take reasonable steps to consult with the head of any department of Government, statutory body or other agency by which that written law is administered.
(6) A failure to consult under subsection (5) does not affect the validity of the direction.

Disaster Management

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s 28Directions about powers under other written law

(1)

This section applies if there is a disaster situation.

(2)

The Minister or the Director may give directions about the circumstances in which a power under any other written law may be

Disaster Management 20

exercised during the period of the disaster situation, but shall not give directions about the way in which that power shall be exercised.

(3)

A direction under subsection (2) shall only be given —

(a)

to the person who may exercise the power under that written law; and

(b)

if it is necessary for effective management of the disaster for which the disaster situation is declared.

Illustration

Example 1 — The Minister may direct any appointed authority or inspector under the Prevention of Pollution of the Sea Order, 2005

(S 18/2005) to delay exercising any particular powers until the Minister considers it is appropriate in the circumstances for those powers to be exercised.

Example 2 — If the disaster situation involves an outbreak of an infectious disease, the Minister may direct any health officer under the

Infectious Diseases Act (Chapter 204) to delay exercising any particular powers until the Minister considers it is appropriate in the circumstances for those powers to be exercised.

(4)

A direction under subsection (2) may be —

(a)

general or limited to a particular class of person; and

(b)

given on conditions.

(5)

Before giving a direction under subsection (2) about the exercise of a power under any other written law, the Minister or the Director shall take reasonable steps to consult with the head of any department of Government, statutory body or other agency by which that written law is administered.

(6)

A failure to consult under subsection (5) does not affect the validity of the direction.

Disaster Management