DRAFT
LAW ON NATURAL AND OTHER HAZARD RISK REDUCTION AND EMERGENCY MANAGEMENT
I BASIC PROVISIONS
Scope of the Law
Article 1
This Law shall regulate natural and other hazard risk reduction, prevention and strengthening of personal and community resilience and preparedness to respond to the consequences of natural and other hazards, protection and rescue of people, material and other goods, rights and obligations of citizens, associations, legal persons, local self-government units, autonomous provinces and the Republic of Serbia, emergency management, civil protection activities, international cooperation, administrative inspection and other issues relevant to organisation and functioning of the system of natural and other hazard risk reduction and emergency management.
The system of natural and other hazard risk reduction and emergency management is of special interest to the Republic of Serbia and is a part of the system of national security.
Terms
Article 2
Certain terms used in this Law shall have the following meaning:
1) Natural and other hazard means a natural hazard or a human-induced event whose consequences threaten lives and health of a large number of people, or material goods and environment in a larger scope (floods, earthquakes, landslides, prolonged draughts, hailstorms and/or strong winds, fire, epidemics, massive contamination of soil, water and air, technical and technological accident, war destruction, act of terrorism, etc.), and whose occurrence or consequences are impossible to prevent or eliminate through regular actions of competent authorities and agencies.
2) Risk reduction means the policy established and pursued in order to prevent new and reduce the existing risks and mitigate the consequences of natural and other hazards, thus strengthening community resilience;
3) Risk management means a set of measures and activities undertaken with a view to implementing risk reduction policy;
4) Emergency management means coordination and management of the protection and rescue system agents and forces in order to ensure an organized response to natural and other hazards;
5) Natural hazard means an event of hydro-meteorological, geological or biological origin, caused through large-scale action of natural forces which may threaten health and lives of people or cause a large-scale damage;
6) Technical and technological accident means a sudden and unexpected event which occurs during the use of work equipment or handling of hazardous substances, with consequences threatening safety and lives of people, material goods and environment;
7) Resilience means the ability of a community exposed to hazards to respond to them and recover from the consequences of natural and other hazards in a timely and efficient manner, including through preservation and restoration of its basic functions;
8) Risk means the probability of a natural and other hazard occurring at a certain period of time and with certain negative consequences;
9) Prevention means a set of measures and activities aimed at mitigating the existing and reducing the risk of occurrence of new consequences;
10) Parties of special importance for protection and rescue means companies and other legal persons performing their business activities in the area of telecommunications, mining and energy, railway transport, meteorology, hydrology, seismology, protection from ionizing and nuclear radiation, environmental protection, water management, forestry and agriculture, health, care and accommodation and veterinary medicine which have been proclaimed parties of special importance by the relevant decision of the competent authority;
11) Unexploded ordnance (UXO) means explosive devices and remains thereof left over from wars, prepared for use or already used, with or without a fuse, fired, ejected, submerged, launched, deserted or discarded which have not exploded, and also devices left over after explosions of ammunition depots.
12) Emergency means an event caused by the action of natural and other hazards which may threaten health and lives of people and the environment.
Guiding principles
Article 3
Competent public and other authorities, citizens and other parties shall observe the following principles when undertaking measures and activities regulated by this and other laws, programmes, plans and other documents in the area of natural and other hazard risk reduction and emergency management:
1)Principle of priority - risk reduction and emergency management represents the national and local priority supported by the established institutional and legal framework, adequate resources and participation of the entire community;
2)Principle of integrity - risk assessment and preventive measures and activities undertaken with a view to reducing and mitigating natural and other hazard risks shall be integrated into the sector development plans and programmes in all relevant fields;
3)Principle of intersectoral collaboration and partnership - management of natural and other hazard risks implies intersectoral collaboration and partnership among all stakeholder institutions and parties, including civil society organisations, within a multisectoral national platform;
4)Principle of the primary role of local communities - local self-government units shall have the primary role in managing natural and other hazard risks, supported by competent state and provincial institutions;
5)Principle of protection of human rights - all authorities and other parties participating in the implementation of natural and other hazard risk management measures and activities shall consistently ensure protection of human rights, gender equality and especially protection of the poor, old, children, disabled persons, refugees and displaced persons, and also other vulnerable groups of population;
6)Principle of informing the public - the public shall be informed in a timely and comprehensive manner about natural and other hazard risks and measures for protection against their consequences, as well as about other measures undertaken with a view to managing natural and other hazard risks;
7)Principe of the right to protection - everybody shall be entitled to protection against the consequences of natural and other hazards without any discrimination, while the protection of human lives shall take priority over all other protection and rescue activities;
8)Principle of gradual deployment of forces and resources - in protection and rescue activities, forces and resources of the subject local self-government unit shall be deployed first, and in cases when the forces and resources are not sufficient - the relevant authority shall ensure deployment of other forces and resources from the territory of the Republic of Serbia, including the police and the Serbian Armed Forces when necessary;
9)Principle of solidarity - citizens affected by the consequences of natural and other hazards shall be entitled to humanitarian and other required aid and in cases when they have suffered a large material damage, they shall also be entitled to the state aid, in line with the special law.
II DEPARTMENT OF RISK AND EMERGENCY MANAGEMENT
Article 4
Department of Risk and Emergency Management shall be established to perform public administration activities in the area of natural and other hazard risk reduction and emergency management and other activities laid down by the Law (hereinafter referred to as: the Department)
The Department shall hold the position of a special organisation, in line with the regulations governing the public administration system, while the Department employees shall hold the position stipulated by this Law and regulations on public servants and employees.
The Department shall have the status of a legal person.
Authorities of the Department
Article 5
Within its scope of activity, the Department shall propose and implement the policy of risk reduction and emergency implementation, execute ratified international contracts, laws and other general acts, and ensure the system unity through coordination of all parties and forces.
The Department shall undertake normative, administrative, organisational and technical, preventive, operative, programme or plan-related, informative and other activities with a view to reducing natural and other hazard risks and managing emergencies, and especially:
1)Create the conditions for establishment and operation of an integrated system of risk reduction and emergency management;
2)Prepare and give opinion on the implementation of laws and other regulations
3)Conduct administrative inspection:
4)Monitor enforcement of laws, other regulations and general acts;
5)Ensure international cooperation in this field;
6)Coordinate international assistance receipt and provision;
7)Organize and ensure timely and adequate provision of information to the public;
8)Plan and implement sustainable funding of material and technical outfitting, procurement, donations and projects, with a view to ensuring the system operation and improvement;
9)Ensure organisation and operation of civil protection;
10)Undertake measures to protect and rescue persons and property threatened by a natural or other hazard;
11)Plan, organize and implement the measures of fire and explosion prevention;
12)Collect and process the data and information about natural and other hazards, and exchange information and data with the relevant services of other countries or international organisations about hazards, accidents with cross-border impacts, disasters and other accidents;
13)Organize the system and ensure early warning, notification and alarm in case of a natural and other hazard;
14)Control trade and transport of explosive substances, arms, military equipment and dual-use goods;
15)Tasks related to planning, organisation, training, use and control of the system forces;
16)Organize and conduct reconnaissance, marking, finding, digging out, identification, removal, transport, storage and destruction of UXO;
17) Organize its employees' psychological health and safety
18) Coordinate health and psychological assistance and support for the population affected by an emergency;
19)Supervise enforcement of the laws regulating this field.
Employees of the Department
Article 6
The Department employees performing especially difficult, hazardous and health-harming activities, or the activities which cannot be performed successfully when a person reaches certain age, shall have special authorities and rights laid down by the Law.
When performing their activities, the employees referred to in paragraph 1 hereof shall be authorized to:
1) Restrict access by uninvited persons to the place of emergency, and also suspend traffic near the place;
2) Order immediate evacuation of people and property from the affected areas, premises and facilities;
3) Order suspension of power, gas and liquid fuel supply;
4) Order use of water and other fire extinguishing agents used by legal and natural persons, should it be impossible to otherwise provide the required quantity of water or other fire extinguishing agents;
5) Order use of vehicles and vessels of legal and natural persons to transport the persons injured during an emergency, evacuation of persons and property and supply of fire extinguishing agents;
6) Order removal of vehicles and other things obstructing protection and rescue activities;
7) Order other legal and natural persons to make available the tools, transport, technical and other means required for the purpose of protection and rescue;
8) Order partial or complete demolition of facilities or parts of facilities not affected by the emergency, should it be impossible to otherwise ensure protection and rescue of human lives;
9) Undertake measures to secure evacuated property;
10) Order a locked facility or premises to be force opened for the purpose of protection and rescue of people and property;
11) Order working-age population to provide assistance in protection and rescue;
12) Determine persons' identity and identify objects;
13) Inspect the place of emergency.
The employees referred to in paragraph 1 hereof shall be entitled to an official badge and uniform.
Detailed regulations regarding the appearance of the official badge, designations, functions, uniform and ranks shall be stipulated by the Director.
Article 7
The pensionable service of the employees referred to in Article 5 hereof shall be calculated with increased duration.
The Act on Organisational Structure and Job Systematization shall determine the positions with special authorities referred to in Article 5 paragraph 2 hereof and the positions for which pensionable service shall be calculated with increased duration, and the service increase percentage.
Due to the specific nature of their jobs, the Department employees may be awarded additional coefficient to the salary laid down by the Law.
The salaries of the Department employees shall be regulated by a separate act.
III SYSTEM OF NATURAL AND OTHER HAZARD RISK REDUCTION AND EMERGENCY MANAGEMENT
System parties and forces
Article 8
System parties shall be the public authorities, bodies of the autonomous province and local self-government units, public services, companies and other legal persons and entrepreneurs, civil society organisations, universities and scientific and research organisations and others participating, in line with the law, other general acts, plans, programmes and other documents, in establishment of the measures and activities relevant to risk reduction and emergency management.
Joint action of the parties at the level of the Republic of Serbia shall be ensured through the multisectoral national platform.
Protection and rescue forces shall be emergency headquarters, civil protection units, fire fighting and rescue units, police, Serbian Armed Forces, Serbian Red Cross, Serbian Mountain Rescue Service, Serbian Fire Fighting Association, civil protection officers, citizens, citizen associations and organisations whose activity is of special importance for the system development and operation.
Multisectoral national platform
Article 9
Being the multisectoral national platform, the Department shall represent the national mechanism coordinating and aligning the activities of all parties of natural and other hazard risk reduction and emergency management at the national, provincial and local level, ensuring their participation in the decision making process, encouraging partnership between the public and private sector and civil society organisations and academic community relevant to natural and other hazard risk reduction and emergency management, and performing other tasks laid down by this Law.
Natural and other hazard risk reduction
Article 10
Natural and other hazard risk reduction shall include the system of measures and activities laid down by the law, other general acts, plans, programmes and other document aiming to:
1)Precisely identify, regularly assess and monitor natural hazard risks in order to control them;
2)Reduce effect of the factors causing or increasing natural and other hazard risks through a responsible and adequate management of environment, land, water and other natural resources, systematic land use and implementation of appropriate technical and other measures;
3)Mitigate adverse consequences by understanding the risk of their occurrence as much as possible, planning their prevention and increasing the preparedness to respond effectively;
4)Invest in natural and other hazard risk prevention and reduction by encouraging public and private investments and undertaking structural and non-structural measures;
5)Create safety culture and personal and community resilience to natural and other hazards;
6)Intensify cooperation of all relevant institutions at all levels of authority, as well as partnerships with private and public companies, other legal persons, entrepreneurs, civil society organisations and other interested citizens who may contribute to natural and other hazard risk reduction;
7)Establish precise procedures for exchange of information and experience relevant to risk reduction and for efficient provision and receipt of international operational and humanitarian assistance in order to eliminate the consequences of natural and other hazards and initiate the reconstruction of affected areas.
National Risk Reduction and Emergency Management Strategy
Article 11
National Risk Reduction and Emergency Management Strategy (hereinafter referred to as: the Strategy) shall be the basic strategic document of the Republic of Serbia establishing the policy and guiding the activities of public authorities and all other parties in natural and other hazard risk management, determining the guidelines for human and material sources engagement, and also development of normative and institutional framework aiming to reduce the risks and efficiently respond to the challenges of natural and other hazards.
Strategy content and adoption
Article 12
The Strategy shall lay down development direction of the policy and determine the parties implementing the measures and activities of risk prevention and reduction in certain sectors and fields, establish guidelines for the protection and rescue system development and elimination of consequences of natural and other hazards, and also lay down basic commitments regarding international cooperation in natural and other hazard risk management.
The Strategy shall be adopted by the National Assembly, at the proposal of the Government.
The Director shall be responsible for regular monitoring of the Strategy implementation, submitting annual reports thereof to the Government by January 31 for the previous year.
Risk Assessment
Article 13
Risk Assessment shall identify the type, property and origin of certain risks of natural and other hazards, vulnerability level, causal factors or factors increasing the level of hazard probability, as well as the possible consequences for lives and health of people, environment, material and other goods, public service or business activity and other elements of the usual living, economic and social activities.
Risk Assessment shall be prepared at the Republic of Serbia, autonomous province and local self-government level, based on the single methodology set forth by the Director.
Republic of Serbia Risk Assessment shall be adopted by the Government, at the proposal of the National Emergency Management Headquarters.
Autonomous Province Risk Assessment and Local Self-Government Unit Risk Assessment shall be adopted by the relevant authority of the autonomous province or local self-government unit respectively, having received the Department approval, at the proposal of the relevant headquarters.