BWA- NB - EMERGENCY RESPONSE
ANIMAL HEALTH
Botswana / Animal health
CONTINGENCY PLANNING AND EMERGENCY RESPONSE
EMERGENCY RESPONSE
questions
3 answers
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Section 23:
(1) The Director may, by Order published in the Gazette, declare that a public health emergency exists if-
(a) the Director is satisfied that the situation so dictates it; and
(b) it is not practicable for a declaration of a state of emergency or disaster to be made under the Emergency Powers Act (Cap. 22:04).
(2) A public health emergency declaration made under subsection (1) shall specify-
(a) the nature of the public health emergency;
(b) the area to which the declaration relates; and
(c) the period, not exceeding seven days, during which the declaration shall be in force.
Section 17 (extract):
1. The President may at any time, by Proclamation published in the Gazette, declare that a state of public emergency exists.
Section 3 (extract):
(1) Whenever an emergency proclamation is in force, the President may make such regulations as appear to him to be necessary or expedient for securing the public safety, the defence of the Republic, the maintenance of public order and the suppression of mutiny, rebellion and riot, and for maintaining supplies and services essential to the life of the community.
...
(3) Emergency regulations may provide for empowering such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations are authorized by this Act to be made, and may contain such incidental and
supplementary provisions as appear to the President to be necessary or expedient for the purposes of the regulations.
(4) Emergency regulations shall specify the area to which they apply, and may contain provision for the exclusion of persons from the area so specified if it consists of only a part of the Republic.
1 answer
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Para 5.1.3 (extract):
The following channels will assist in disseminating disaster related information and establishing communication with stakeholders:
1. Mass Messaging Systems (SMS sent to all the cellular phone users in the country).
2. Radio and Television: Botswana Television, Radio Botswana and private radio and television stations.
3. Print Media: Botswana Daily News and private newspapers.
4. Official websites.
5. Departments equipped with communication devices (UHF, VHF radios): Botswana Police Service, DFRR and BDF as well as private information channels and other information channels.
6. Community gatherings and meetings organised to communicate warnings and messages.
7. Other alternative communication systems such as satellite phones, HAM radios, among others, will be used.
3 answers
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Para 3.1.2 (extract):
The functions and responsibilities of the Committee are to: 1. Advise the Office of The President (OP) on disaster situations requiring a declaration of a state of disaster-induced emergency.
Section 23:
(1) The Director may, by Order published in the Gazette, declare that a public health emergency exists if-
(a) the Director is satisfied that the situation so dictates it; and
(b) it is not practicable for a declaration of a state of emergency or disaster to be made under the Emergency Powers Act (Cap. 22:04).
(2) A public health emergency declaration made under subsection (1) shall specify-
(a) the nature of the public health emergency;
(b) the area to which the declaration relates; and
(c) the period, not exceeding seven days, during which the declaration shall be in force.
Section 17 (extract):
1. The President may at any time, by Proclamation published in the Gazette, declare that a state of public emergency exists.
2 answers
document title
text/abstract
Section 23:
(1) The Director may, by Order published in the Gazette, declare that a public health emergency exists if-
(a) the Director is satisfied that the situation so dictates it; and
(b) it is not practicable for a declaration of a state of emergency or disaster to be made under the Emergency Powers Act (Cap. 22:04).
(2) A public health emergency declaration made under subsection (1) shall specify-
(a) the nature of the public health emergency;
(b) the area to which the declaration relates; and
(c) the period, not exceeding seven days, during which the declaration shall be in force.
Section 17 (extract):
(2) A declaration under subsection (1) of this section, if not sooner revoked, shall cease to have effect-
(a) in the case of a declaration made when Parliament is sitting or has been summoned to meet within seven days, at the expiration of a period of seven days beginning with the date of publication of the declaration; or
(b) in any other case, at the expiration of a period of 21 days beginning with the date of publication of the declaration, unless before the expiration of that period, it is approved by a resolution passed by the National Assembly, supported by the votes of a majority of all the voting members of the Assembly.
(3) Subject to the provisions of subsection (4) of this section, a declaration approved by a resolution of the National Assembly under subsection (2) of this section shall continue in force until the expiration of a period of six months beginning with the date of its being so approved or until such earlier date as may be specified in the resolution: Provided that the National Assembly may, by resolution, supported by the votes of a majority of all the voting members of the Assembly, extend its approval of the declaration for periods of not more than six months at a time.
(4) The National Assembly may by resolution at any time revoke a declaration approved by the Assembly under this section.
1 answer
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Section 17 (extract):
(2) A declaration under subsection (1) of this section, if not sooner revoked, shall cease to have effect-
(a) in the case of a declaration made when Parliament is sitting or has been summoned to meet within seven days, at the expiration of a period of seven days beginning with the date of publication of the declaration; or
(b) in any other case, at the expiration of a period of 21 days beginning with the date of publication of the declaration, unless before the expiration of that period, it is approved by a resolution passed by the National Assembly, supported by the votes of a majority of all the voting members of the Assembly.
(3) Subject to the provisions of subsection (4) of this section, a declaration approved by a resolution of the National Assembly under subsection (2) of this section shall continue in force until the expiration of a period of six months beginning with the date of its being so approved or until such earlier date as may be specified in the resolution: Provided that the National Assembly may, by resolution, supported by the votes of a majority of all the voting members of the Assembly, extend its approval of the declaration for periods of not more than six months at a time.
(4) The National Assembly may by resolution at any time revoke a declaration approved by the Assembly under this section.
2 answers
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Para 5.2.4.1. (extract):
a. ESF Primary Agencies
An agency designated as an Emergency Support Function (ESF) Primary Agency serves as an executive agent under the DEOC to accomplish the ESF mission. When an ESF is activated in response to a disaster, the primary agency for the ESF has operational responsibility for:
- Orchestrating the agency support within the functional area for the affected District;
-Providing an appropriate level of staffing for operations;
-Activating and sub-tasking support agencies;
-Managing mission assignments and coordinating tasks with support agencies, as well as other appropriate agencies;
-Supporting and keeping other ESFs and organisational elements informed of ESF operational priorities and activities;
- Executing contracts and procuring goods and services as needed;
-Ensuring financial and property accountability for ESF activities;
- Supporting planning for short-term and long-term disaster responses; and
- Evaluating the entire operation to improve on future performance.
b. ESF Support Agencies
When an ESF is activated in response to a disaster, each support agency for the ESF has operational responsibility for:
-Supporting ESF primary agencies when requested by conducting operations using its authorities, cognizant expertise, capabilities, or resources;
-Supporting the primary agency mission assignments;
- Providing status and resource information to the primary agency;
- Following established financial and property accountability procedures; and
- Supporting planning for short-term and long-term disaster operations.
These ESFs can be formed at the District level, and response assistance can be provided using some or all the ESFs as necessary. The NDMO, with the help of disaster management committees, will coordinate the information on all ESF activities. The DDMC will issue a mission assignment to task a primary agency for performing necessary work. In cases where required assistance is outside the scope of the Plan, the NDMO may directly assign any District agency to bring its resources to bear in the disaster operation.
Section 26:
(1) The Director may, in writing, authorise persons or a class of persons to assist him or her in carrying out any direction under this Act.
(2) A person authorised under subsection (1), or a police officer, in assisting the Director to carry out any direction under this Act, may-
(a) enter, by reasonable force where necessary, any place that is reasonably necessary to enter, so as to-
(i) save human life,
(ii) prevent injury to a person, or
(iii) rescue any injured or endangered person;
(b) close any area, premises or vehicle;
(c) close to traffic any road, street or other way on which traffic passes; and
(d) remove, by reasonable force, any person who fails to comply with the direction made under section 25.
2 answers
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Section 25:
(1) After making a public health emergency declaration under section 23, the Director may take any action or, in writing, give directions to
(a) reduce, remove or destroy any threat to public health;
(b) segregate or isolate persons in any area;
(c) evacuate persons from any area;
(d) prevent or permit people's access to any area; or
(e) control the movement of any vehicle, animal or person to any area.
(2) The Director may, in writing, give any one or more of the following directions that any
(a) specified person undergo a medical examination;
(b) specified person move to, or stay in, a specified area;
(c) substance or thing be seized;
(d) substance or thing be destroyed; or
(e) other action the Director considers appropriate be taken.
(3) A person given a direction under subsection (2) shall comply with that direction and any regulations made under this Act.
(4) A person who contravenes any provision of this section commits an offence and is liable to a fine not exceeding P5 000, or to imprisonment for
a term not exceeding 12 months or, to both.
Section 4:
Emergency regulations and any orders or rules made in pursuance of such regulations shall have effect notwithstanding anything inconsistent therewith contained in any enactment; and any provision of any enactment which may be inconsistent with any emergency regulation or any such order or rule shall, whether or not that provision has been amended, modified or suspended in its operation under section 3, to the extent of such inconsistency, have no effect so long as such regulation, order or rule remains in force.
2 answers
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text/abstract
Section 26:
(1) The Director may, in writing, authorise persons or a class of persons to assist him or her in carrying out any direction under this Act.
(2) A person authorised under subsection (1), or a police officer, in assisting the Director to carry out any direction under this Act, may
(a) enter, by reasonable force where necessary, any place that is reasonably necessary to enter, so as to
(i) save human life,
(ii) prevent injury to a person, or
(iii) rescue any injured or endangered person;
(b) close any area, premises or vehicle;
(c) close to traffic any road, street or other way on which traffic passes; and
(d) remove, by reasonable force, any person who fails to comply with the direction made under section 25.
Section 3:
(1) Whenever an emergency proclamation is in force, the President may make such regulations as appear to him to be necessary or expedient for securing the public safety, the defence of the Republic, the maintenance of public order and the suppression of mutiny, rebellion and riot, and for maintaining supplies and services essential to the life of the community.
(2) Without prejudice to the generality of the powers conferred by subsection (1), emergency regulations may, so far as appears to the President to be necessary or expedient for any of the purposes mentioned in that subsection-(a) make provision for the detention of persons or the restriction of their movements, and for the deportation and exclusion from the Republic of persons who are not citizens of Botswana;
(b) authorize-
(i) the taking of possession or control on behalf of the Republic of any property or undertaking;
(ii) the acquisition on behalf of the Republic of any property other than land;
(c) authorize the entering and search of any premises;
(d) provide for amending any enactment, for suspending the operation of any enactment, and for applying any enactment with or without modification;
(e) provide for charging in respect of the grant or issue of any licence, permit, certificate or other document for the purposes of the regulations, such fee as may be prescribed by or under the regulations;
(f) provide for payment of compensation and remuneration to persons affected by the regulations; and
(g) provide for the apprehension, trial and punishment of persons offending against the regulations: Provided that nothing in this paragraph shall authorize the making of provision for the trial of persons by military courts.
(3) Emergency regulations may provide for empowering such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations are authorized by this Act to be made, and may contain such incidental and
supplementary provisions as appear to the President to be necessary or expedient for the purposes of the regulations.