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National Disaster Management (Amendment) Act 2021

TUVALU

NATIONAL DISASTER MANAGEMENT (AMENDMENT) ACT 2021

Arrangement of Sections

Section
1 Short Title
2 Amendments

NATIONAL DISASTER MANAGEMENT (AMENDMENT) ACT 2021

AN ACT AMEND THE NATIONAL DISASTER MANAGEMENT ACT TO PROVIDE A DEFINITIVE TIMEFRAME FOR LODGING CLAIMS FOR ASSISTANCE AND TO PROVIDE A PROCESS CONSISTENT WITH RELEVANT TUVALU LAWS DEALING WITH CLAIMS FOR COMPENSATION RESULTING FROM NATURAL DISASTERS

ENACTED BY THE PARLIAMENT OF TUVALU

Commencement [5th July 2021]

1 Short Title

This Act may be cited as the National Disaster Management (Amendment) Act 2021.

2 Amendments

(1) Section 32 of the National Disaster Management Act is amended by repealing the National Disaster Management (Compensation) (Amendment) Act 2014 and inserting the following.

(2) Section 32 Claims for Compensation or Assistance

Any person who has sustained any damage due to a disaster as defined in section 3 of this Act may request the government for assistance provided that every request for assistance shall be received by the government within 12 months of the date of the disaster."

(3) Section 33 Outstanding Claims

From the coming into effect of this Bill, the government is not authorized to receive nor consider any claims for assistance which do not comply with subsection 2.

(4) Section 39 Relationships of this Act to other Acts

(1) This Bill adopts the process for receiving and assessing "Requests for Assistance" provided under the Climate Change and Disaster Survival Fund Act and its regulations with modifications as necessary for the full functioning of this Bill.

(2) This Bill does not affect the provisions of any other Act nor does any Act affect the provisions of this Bill unless specifically provided for by regulation within a declared state of emergency.

(5) Section 40 Immunity

No civil or criminal action shall lie against the Minister or any person appointed pursuant to this Act with respect to anything done or omitted to be done by him in pursuance of the powers or functions conferred on him under this Act unless he has acted, omitted to act, in bad faith and without reasonable cause.

(6) Renumbering of sections

The sections of the Act shall be renumbered as appropriate.