Disaster Management Act · 2024 Revised Edition · Part · Powers
28. Directions about powers under other written law
Official textFrom Attorney General's Chambers, unchanged
This section applies if there is a disaster situation.
disaster situation
“disaster situation” means a disaster situation declared under section 22;
The Minister or the Director may give directions about the circumstances in which a power under any other written law may be
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disaster management
“disaster management” has the meaning ascribed to it by section 5;
exercised during the period of the disaster situation, but shall not give directions about the way in which that power shall be exercised.
period
“period” means the period for which the declaration of a disaster situation is in force;
A direction under subsection (2) shall only be given —
to the person who may exercise the power under that written law; and
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.
A direction under subsection (2) may be —
general or limited to a particular class of person; and
given on conditions.
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.
Director
“Director” means the Director of the Centre referred to in section 16(2);
A failure to consult under subsection (5) does not affect the validity of the direction.
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Terms defined in s 2
Director
Defined · s 2“Director” means the Director of the Centre referred to in section 16(2);
disaster management
Defined · s 2“disaster management” has the meaning ascribed to it by section 5;
disaster situation
Defined · s 2“disaster situation” means a disaster situation declared under section 22;
period
Defined · s 2“period” means the period for which the declaration of a disaster situation is in force;