Legislator Case Law & Legislation
152.51 CH-NW

Ordinance on the Act on Catastrophes and War Events (Emergency Ordinance) (Notstandsverordnung) - Principle

26 Articles / Provisions · Switzerland · Canton of Nidwalden
Open official source Machine-readable Markdown (.md)

Table of Provisions (26)

Statutory Text (26 Articles)

General Provisions

1. The municipalities are responsible for organizing disaster assistance; the municipalities are required to collaborate.

2. If the resources of the municipalities are insufficient to combat disasters, the canton must support the municipalities and ensure the coordination of relief efforts; the canton is responsible for cooperation with neighboring cantons and the federal government.

3. In the event of military incidents, the canton is responsible for the implementation of relief efforts; the municipalities are obliged to cooperate with the cantonal authorities.

General Provisions

1. If the term of office expires during a state of emergency, the current members of the authority shall remain in their positions until a regular election can be conducted.

General Provisions

1. After the determination of the state of emergency pursuant to Article 3 of the Emergency Act, the municipal council or the government council is responsible for appointing the incident command.

General Provisions

1. The canton and the municipalities shall each bear the costs of the cantonal and municipal leadership teams.

2. Members of the leadership teams and emergency services must be insured against accidents.

3. Members of the leadership teams and emergency services are entitled to the following compensation claims

1. Civil protection members (those obligated to perform protective services and assignees): according to the provisions of the federal civil protection legislation;

2. * Members obligated to perform fire service: according to fire protection and firefighting legislation;

3. * Persons with a public-law employment relationship: according to personnel legislation;

4. * Other persons: according to compensation legislation; special compensation agreements for private organizations and their members remain reserved.

General Provisions

1. The allocation of costs shall be determined by the Government Council pursuant to Art. 17 of the Emergency Act.

1. Organization of the Municipality

1. Each political municipality must establish a leadership staff to manage a disaster and to cooperate with the canton during wartime events.

2. The municipalities are advised and supported by the canton in fulfilling their tasks.

1. Organizational Structure of the Municipality

1. The municipal council elects the members of the executive staff.

2. The competence and procedure of the municipal council are governed by municipal legislation; after the state of emergency has been declared according to Art. 3 of the Emergency Law, decisions of the municipal council require only a simple majority of the members present to pass.

1. Organization of the Municipality

1. The Executive Board is subordinate to the municipal council as an advisory body.

1. Organization of the Municipality

1. The composition of the executive staff is to be regulated by the municipal council on the basis of the guidelines set by the government council.

1. Organization of the Municipality

1. The Command Staff is responsible for the preparation of necessary measures in the event of disasters and acts of war.

1. Organization of the Municipality

1. The Command Staff is responsible for

1. advising the municipal council;

2. coordinating assistance;

3. ensuring cooperation between municipal emergency services with civil defense and the military.

2. On behalf of the competent authorities, the Command Staff is tasked with appointing the incident command.

Organization of the Municipality

1. The municipal council or the fire command are responsible for mobilizing the members of the authorities, the command staff, and the operational services.

1a. The municipalities may transfer this responsibility in their legislation to the presidency of the municipal council, the responsible member of the municipal council, or the leadership of the municipal command staff.

2. The municipalities are obliged to provide the necessary infrastructure for the mobilization of the operational services.

Organization of the Municipality

1. The municipalities are obligated to ensure the alerting of the population and to provide the necessary resources.

Organization of the Canton

1. The Government Council elects the members of the Executive Staff.

2. The jurisdiction and procedure of the Government Council are governed by cantonal legislation; after the declaration of a state of emergency, the responsibilities and powers of the Government Council are to be assumed by the three-member delegation in accordance with Article 9, Paragraph 3 of the Emergency Powers Act, if the Government Council is no longer capable of making decisions in the sense of Article 23 of the Authorities Act.

Organization of the Canton

1. The Chief of Staff is subordinate to the government council as an advisory body.

Organization of the Canton

1. The Executive Council issues directives on the needs-oriented organization of the leadership staff.

Organization of the Canton

1. The Command Staff is responsible for the preparation of necessary measures in the event of disasters and acts of war.

Organization of the Canton

1. The Command Staff is responsible for

1. advising the Executive Council;

2. coordinating cantonal and regional assistance;

3. facilitating cooperation between civil emergency services, civil protection, and the military.

2. By mandate of the competent authorities, the Command Staff is tasked with appointing the operational leadership.

Organization of the Canton

1. The Executive Council designates a coordination office for emergency organization.

Organization of the Canton

1. The Cantonal Government Council or the Cantonal Police are responsible for convening the management staff.

Organization of the Canton

1. The government council issues a cantonal medical service plan to ensure the coordinated medical service.

2. This plan must specify, in particular

1. the number and location of sanitary facilities to be established;

2. the type and scope of mobile deployment units;

3. the personnel composition of the mobile cantonal medical assistance points.

3. Before the issuance of this plan, the municipalities, the Health and Social Directorate, and the competent federal offices shall be consulted.

**Requisition**

1. Upon the declaration of a state of emergency, everyone is obliged to make movable and immovable property available to the canton for the purpose of combating the state of emergency and to tolerate their destruction or disabling.

**1. Expropriation**

1. The canton shall provide adequate compensation for use, depreciation, and loss of property.

2. All orders and directives issued in connection with the requisition according to § 21 by the government council or the cantonal leadership staff are final and immediately enforceable, with the exception of the handling of claims for damages.

Final Provisions

1. The Executive Council shall issue the regulations required for the implementation of the cantonal emergency legislation, in particular regulations concerning the emergency organization of the canton or the municipality.

Final Provisions

1. The Enforcement Ordinance of 14 October 1978 to the Law on Fire Protection (Fire Protection Ordinance) is newly revised: ...

Final Provisions

1. This ordinance is subject to an optional referendum; it is to be published in the official gazette.

2. It shall enter into force on April 1, 1998, and is to be included in the statute book.

3. All provisions that conflict with it are repealed.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →