DISASTER MANAGEMENT
S 26/2006
REVISED EDITION 2024
B.L.R.O. 7/2024
Disaster Management
B.L.R.O. 7/2024 3
REVISED EDITION 2024
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Disaster Management Act is Brunei Act, cited as Act 293 2006, currently marked in force and first recorded in 2006.
Chapter
S 26/2006
REVISED EDITION 2024
B.L.R.O. 7/2024
Disaster Management
B.L.R.O. 7/2024 3
REVISED EDITION 2024
Commencement:1st August 2006
[S 77/2006]
Part
Citation
This Act may be cited as the Disaster Management Act.
Interpretation
In this Act, unless the context requires otherwise —
“Centre” means the National Disaster Management Centre established under section 16(1);
“Chairman” means the Chairman of the Council referred to in section 10(1);
“Council” means the National Disaster Council established under section 8;
“declared area” means Brunei Darussalam or, if the disaster situation is declared for a part of Brunei Darussalam, that part;
“declared disaster powers” means the powers of the Director under sections 30 and 31;
“Director” means the Director of the Centre referred to in section 16(2);
“disaster” has the meaning ascribed to it by section 4(1);
“disaster management” has the meaning ascribed to it by section 5;
“disaster management guidelines” means the guidelines referred to in section 20;
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“disaster operations” has the meaning ascribed to it by section 6;
“disaster situation” means a disaster situation declared under section 22;
“event” has the meaning ascribed to it by section 7(1);
“members” means members of the Council;
“Minister” means the Minister responsible for disaster management;
“period” means the period for which the declaration of a disaster situation is in force;
“place” includes land or premises and a vehicle;
“Plan” means the National Disaster Management Plan referred to in section 18(1);
“premises” includes a building or structure, or part of a building or structure, of any type;
“rescue officer” means a police officer or any person authorised under section 27(1) to exercise declared disaster powers for a disaster situation;
“vehicle” means anything used for carrying anything or any person by land, water or air.
Non-application of Act
This Act does not authorise anyone to do, or make preparations to do, any of the following —
Part
Meaning of “disaster”
“Disaster” means a serious disruption in a community, caused by the impact of an event, that requires a significant co-ordinated response by
Brunei Darussalam to help that community recover from that disruption.
In this section, “serious disruption” means —
Meaning of “disaster management”
“Disaster management” means the arrangements concerned with managing the potential adverse effects of an event, such as arrangements for mitigating, preventing, preparing for, responding to and recovering from a disaster.
Meaning of “disaster operations”
“Disaster operations” means activities undertaken before, during or after an event to help reduce the loss of human life, illness or injury to humans, loss or damage to property, or damage to the environment, such as activities to mitigate the adverse effects of the event.
Meaning of “event”
An “event” means any of the following —
a typhoon, earthquake, flood, storm, storm tide, tornado, tsunami, volcanic eruption or other natural happening;
an infestation, plague, pandemic or epidemic, such as a prevalence of avian flu;
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a failure of, or disruption to, an essential service, premises or the infrastructure;
an attack against Brunei Darussalam or any other act that is prejudicial to or incompatible with the peace, public order, security or public interest of Brunei Darussalam;
Part
Establishment of Council 8.
There is hereby established a Council known as the National Disaster
Council.
Functions 9.
The Council has the following functions —
to develop a strategic policy framework for disaster management for Brunei Darussalam;
to ensure effective disaster management is developed and implemented for Brunei Darussalam;
to ensure that regional and international arrangements concerning matters relating to effective disaster management are established and maintained;
to provide reports and make recommendations to
His Majesty the Sultan and Yang Di-Pertuan about matters relating to disaster management and disaster operations;
to exercise or perform any other function conferred or imposed on to the Council under this Act or under any other written law;
to decide on the assistance to be provided to any country or territory relating to disaster operations;
to decide on the assistance offered by any country or territory, organisation or individual;
to exercise or perform any function incidental to any function mentioned in paragraphs (a) to (i).
Membership 10.
The Council shall consist of a Chairman and such number of
Deputy Chairmen and other members to be appointed by His Majesty the
Sultan and Yang Di-Pertuan, notice of whose appointment shall be published in the Gazette.
The Minister, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, shall appoint a secretary to the Council, notice of whose appointment shall be published in the Gazette.
Times, places and quorum of meetings 11.
The Council shall meet at least once in every 6 months at such time and place as the Chairman may determine and at a meeting one-half of the members shall form a quorum.
The Chairman shall call a meeting if requested in writing to do so by at least one-half of the members.
The Council may invite any person, not being a member, to attend a meeting of the Council for the purpose of giving advice to the Council on any matter.
Presiding at meetings 12.
If the Chairman is absent from a meeting of the Council, any one of the Deputy Chairmen, to be appointed by the Chairman, shall preside.
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,
“Deputy
Chairmen”
means the
Deputy Chairmen appointed under section 10(1).
Conduct of business 13.
The Council may conduct its business and determine its own procedure, including its meetings, in the way it considers appropriate.
All acts done by the Council shall, notwithstanding any vacancy in the Council, be as valid as if no such vacancy had existed.
Conduct of meetings 14.
Subject to this Act, the Council may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they take place.
A member who takes part in a meeting of the Council under subsection (1) is taken to be present at the meeting.
A resolution is validly made by the Council, even if it is not passed at a meeting of the Council, if —
As soon as practicable after the end of each calender year, the Council shall prepare and submit to His Majesty the Sultan and Yang
Di-Pertuan a written report about disaster management in
Brunei Darussalam.
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B.L.R.O. 7/2024 13
The report shall include the following —
information about activities undertaken during that calender year to maintain or enhance disaster management in
Brunei Darussalam;
Part
National Disaster Management Centre 16.
There is hereby established a
Centre known as the
National Disaster Management Centre to exercise or perform the following functions —
to advise and make recommendations to the Council about matters relating to disaster management referred by the Council to the
Centre;
to exercise or perform such other functions as the Council may determine, being incidental to a function mentioned in paragraph (a) or (b).
The Centre shall consist of a Director and such number of
Deputy Directors and such other persons to be appointed by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, notice of whose appointment shall be published in the Gazette.
The Director may delegate the exercise of any power or the performance of any duty conferred or imposed on him by this Act to a
Deputy Director of the Centre or to such other members of the Centre, appointed under subsection (2), as he may think fit.
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A delegation under subsection (3) may be made subject to such conditions as may be determined by the Director in the instrument of delegation.
The power of delegation under subsection (3) shall only be exercised by the Director personally.
Functions of Director 17.
The Director has the following functions —
to regularly review and assess the effectiveness of disaster management including the Plan;
to establish and maintain regional and international arrangements concerning matters relating to effective disaster management;
to ensure that disaster management and disaster operations in
Brunei Darussalam are consistent with the strategic policy framework for disaster management for Brunei Darussalam;
to co-ordinate assistance for disaster management and disaster operations, whether within or outside Brunei Darussalam;
to ensure that persons exercising or performing functions under this Act in relation to disaster operations are appropriately trained;
to regularly report to the Council about the exercise or performance of his functions under paragraphs (a) to (f);
to support the Council in the exercise or performance of its functions.
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Part
National Disaster Management Plan 18.
The Plan shall include provision for the following —
the Council’s strategic policy framework for disaster management for Brunei Darussalam;
the roles and responsibilities of persons involved in disaster operations and disaster management for Brunei Darussalam;
the co-ordination of disaster operations and activities relating to disaster management performed by the persons mentioned in paragraph (b);
the matters stated in the disaster management guidelines as matters to be included in the Plan;
such other matters concerning disaster management as the
Council considers appropriate.
Reviewing and renewing plan 19.
The Council may review, or renew, the Plan when the Council considers it appropriate.
Disaster management guidelines 20.
The Director may prepare guidelines to inform the Council about matters relating to any of the following —
such other matters concerning the operation of the Centre which he considers appropriate having regard to disaster management for Brunei Darussalam.
Public Response Plan 21.
The Director shall prepare a Public Response Plan which shall consist of procedures to be followed by the public when a disaster situation is declared under section 22.
The Director may, with the approval of the Council, allow a copy of the Public Response Plan to be available, free of charge, to members of the public at —
Part
Declaration 22.
The Minister may declare a disaster situation for Brunei Darussalam, or part of Brunei Darussalam, if he is satisfied that —
a disaster has happened, is happening or is likely to happen, in Brunei Darussalam; and
it is necessary for the Director to exercise declared disaster powers to prevent or minimise any of the following —
loss of human life;
damage to the environment.
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Form and notice of declaration 23.
A declaration of a disaster situation under section 22 shall be in such form and manner as the Minister may determine.
Such form shall include provision for —
As soon as practicable after the disaster situation has been declared, the Minister shall give notice of the declaration by notification published in the Gazette.
Such notification shall include —
details of the declared area for the disaster situation.
Duration 24.
A disaster situation —
the Minister sooner ends the disaster situation under section 26(1); or
an order made under section 25(1) extends the period of the disaster situation beyond the end of the 7 days.
Extending disaster situation 25.
The Minister may, by order, extend or further extend, the period of the disaster situation and shall publish such order in the Gazette as soon as practicable.
Notwithstanding the provisions of any other written law, an order made under subsection (1) commences on the day it is made whether or not it was published in the Gazette on that day.
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An order extending the period of a disaster situation expires 14 days after the disaster situation was declared unless it is sooner repealed or unless it expires under section 26(4).
An order further extending the period of a disaster situation —
shall state the period, of not more than 7 days, by which the disaster situation is extended; and
expires at the end of the stated period unless it is sooner repealed or it expires under section 26(4).
Ending disaster situation 26.
As soon as the Minister is satisfied it is no longer necessary for the
Director to exercise declared disaster powers for a disaster situation, the
Minister shall end that disaster situation.
If the Minister ends the disaster situation under subsection (1), he shall —
make a written record of the time and date the disaster situation ended; and
immediately inform His Majesty the Sultan and Yang
Di-Pertuan of the ending of the disaster situation and thereafter immediately inform the Director of the ending thereof.
The Minister shall, as soon as practicable, give notice of the ending of the disaster situation, and when it ended, by notification published in the Gazette.
An order extending or further extending a disaster situation expires when the disaster situation ends under this section.
Authorisation for disaster situation 27.
The Minister or the Director may authorise any of the following persons to exercise declared disaster powers for a disaster situation —
any person or a member of a class of person the Minister or the Director is satisfied has the necessary expertise or experience to exercise those powers.
Any police officer may also exercise declared disaster powers for a disaster situation.
An authorisation under subsection (1) —
may be general or limited to a particular, or a particular class of, fire officer, health officer or other person;
may be given orally or in writing, but if given orally shall be put into writing as soon as reasonably practicable.
A failure to put an authorisation into writing under subsection (3)(c) does not invalidate the authorisation or anything done under it.
In this section —
“fire officer” means any member of the Fire and Rescue of
Brunei Darussalam referred to in section 2 of the Fire and
Rescue Act (Chapter 82);
“health officer” means any medical practitioner registered under the Medical Practitioners and Dentists Act (Chapter 112), any nurse registered under the Nurses Registration Act (Chapter 140)
and any health officer as defined in section 2 of the
Infectious Diseases Act (Chapter 204).
Part
Directions about powers under other written law 28.
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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exercised during the period of the disaster situation, but shall not give directions about the way in which that power shall be exercised.
A direction under subsection (2) shall only be given —
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 —
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.
A failure to consult under subsection (5) does not affect the validity of the direction.
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Exercise of powers by Director 29.
The Director may only exercise his powers given under sections 30, 31
and 32 —
ensure public safety or public order;
prevent or minimise loss or damage to property, or damage to the environment.
General powers of Director 30.
The Director may do all of the following —
control the movement of persons, animals or vehicles within, into, out of or around the declared area for the disaster situation;
give a direction to any person to regulate the movement of that person, an animal or a vehicle within, into, out of or around the declared area;
take into a place in the declared area the equipment, persons or materials that he reasonably requires for exercising a power under this section;
remove, dismantle, demolish or destroy any vehicle, or any building or other structure, in the declared area;
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shut off or disconnect a supply of fuel, gas, electricity or water, and take and use the fuel, gas, electricity or water;
require any person to give him reasonable help to exercise his powers under this section.
The Director may enter any place in the declared area without a warrant or the consent of the occupier of that place.
The Director may exercise a power under this section with the help, and using the force, that is reasonable in the circumstances.
When giving a direction or making a requirement mentioned in subsection (1)(b) or (q), the Director shall warn that person that it is an offence to fail to comply with that direction or requirement unless he has a reasonable excuse.
Power to give direction about property 31.
The Director may direct in writing the owner, occupier or person having control and possession, as the case may be, of any property to put that property under the control, or at the disposal, of the person stated in the direction.
When giving a direction under subsection (1), the Director shall warn that person that it is an offence to fail to comply with that direction unless he has a reasonable excuse.
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Requirements for direction about property 32.
A direction under section 31(1) shall include —
the purpose for which the property is to be used; and
applying for compensation under this Act in relation to any loss or damage incurred because of the use of the property;
a statement that the person to whom the direction is given shall comply with the direction.
General powers of rescue officer 33.
During the period of a disaster situation, a rescue officer may take reasonable steps to protect —
If it is reasonable in the circumstances, the rescue officer may do all of the following for the purpose of giving the protection mentioned in subsection (1) —
take into or onto a place the equipment, persons or materials the rescue officer reasonably requires to exercise a power under this section;
direct any person to leave, or not to enter, an area in or near a place if the rescue officer reasonably considers the direction is necessary to protect that person’s life or health;
require any person at or near the place to give the rescue officer reasonable help to exercise his powers under paragraphs (a) to (f).
When giving a direction or making a requirement mentioned in subsection (2)(g) or (h), the rescue officer shall warn that person that it is an offence to fail to comply with that direction or requirement unless he has a reasonable excuse.
Provision about power of entry 34.
A rescue officer may enter any place under section 33(1) without a warrant or the consent of the owner or occupier of the place.
However, if the occupier is present at that place, before entering that place, the rescue officer shall, or make a reasonable attempt to —
inform the occupier that the rescue officer is permitted under this Act to enter that place without the occupier’s consent.
Subsection (2) does not require the rescue officer to take a step that he reasonably believes may frustrate or otherwise hinder his ability to protect —
a person who is trapped, or endangered in any other way, in any place; or
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Part
Personation of Director or rescue officer 35.
Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.
Obstruction of Director or rescue officer 36.
No person shall obstruct the Director or a rescue officer in the exercise of any power unless he has a reasonable excuse.
If any person has obstructed the Director or a rescue officer and the Director or that rescue officer decides to proceed with the exercise of the power, he shall warn that person that —
In this section, “obstruct” includes assault, hinder, resist and attempt or threaten to obstruct.
Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.
Failure to comply with direction 37.
Any person given a direction section 30(1)(b), 31(1) or 33(2)(g)
shall comply with that direction unless he has a reasonable excuse.
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Any person who fails to comply with subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.
Failure to help Director or rescue officer 38.
Any person required to give reasonable help under section 30(1)(q) or 33(2)(h) shall comply with that requirement unless he has a reasonable excuse.
Any person who fails to comply with subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.
Part
Entitlement to compensation 39.
Subject to the provisions of this Part, any person who suffers any loss or damage because of the exercise, or purported exercise, of any power under section 30, 31 or 33 is entitled to be paid by the Government just and reasonable compensation for that loss or damage.
When compensation is not payable 40.
Compensation is not payable to any person for any loss or damage to the extent that —
an amount for the loss or damage has been recovered or is recoverable by him under a policy of insurance; or
Compensation is not payable to any person for any loss or damage if the loss or damage would have occurred in any event, irrespective of the exercise, or purported exercise, of the power.
Applying for compensation 41.
Any person who suffers loss or damage because of the exercise, or purported exercise, of a power under section 30, 31 or 33 may apply to the
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B.L.R.O. 7/2024 27
Director for the Council’s decision with respect to the compensation for the loss or damage.
The application shall be made in writing not more than 90 days after the loss or damage was suffered.
The applicant shall provide —
The applicant shall also provide any other information reasonably required by the Council to decide the application.
Notwithstanding subsection (2), the Council may accept an application for compensation made more than 90 days after the loss or damage was suffered if it is satisfied that it would be reasonable in all the circumstances to accept the application.
Lapsing of application 42.
If the Council makes a requirement under section 41(4), it shall at that time inform the applicant —
that, if the information is not given to it by that stated time, the application will lapse.
The time stated in subsection (1)(a) shall be reasonable and, in any case, at least 21 days after the requirement is made.
The Council may give the applicant a further notice extending or further extending the time if it is satisfied that it would be reasonable in all the circumstances to grant that extension or further extension.
A notice may be given under subsection (3) even if the time to which it relates has lapsed.
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If the applicant does not comply with the requirement within the stated time or during the time of any extension or further extension, the application will lapse.
Deciding application 43.
The Council shall consider and decide an accepted application within 3 months after it receives —
If the Council has not considered and decided an accepted application within the period mentioned in subsection (1), it is deemed to have refused to pay compensation.
In this section —
“accepted application” means an application made under section 41(2) or an application accepted by the Council under section 41(5).
Notice about decision 44.
As soon as practicable after deciding an application, the Council shall give the applicant a written notice stating its decision and the reasons for it.
Appeal 45.
Any decision of the Council under this Part shall be final and shall not be called in question by any court on any ground whatsoever.
Part
Limitation of liability 46.
No action shall be brought against the Director, any rescue officer or any other person acting under the direction of the Council in respect of
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anything done or omitted to be done by any of them in good faith in the exercise, performance or purported exercise or performance, of any power or duty under this Act.
Regulations 47.
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations which are necessary or expedient for giving effect to and carrying out the provisions of this Act, including the prescription of fees and of any other thing required to be prescribed under this Act, and for the due administration thereof.
Such regulations may include such incidental, consequential and supplementary provisions as the Minister considers necessary or expedient.
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