National Veld and Forest Fire Act

27 NOVEMBER 1998 No. 19515 OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT No. 1536.

27 November 1998 No. 1536.

27 November 1998 It is hereby notified following Act which information:- that the President has assented is hereby published to the for general Hierby word bekend gemaak dat die President keuring geheg het aan die onderstaande Wet wat hierby algemene inligting gepubliseer word:- sy goed- ter No. 10 I of 1998: National Veld and Forest Fire Act, 1998. No. 10 I van 1998: Nasionale Wet op Veld- en Bosbrande, 1998. 2 No. 19515 GOVERNMENT GAZE-l-l-E. 27 NOVEMBER 1998 Act No. 101, 1998 NATIONAL VEIB Ah’11 I-OREST FIRE ACT, 19% (English text signed by the Preside/It.) to 19 No~*eulher- 1998. ) (Assented ACT To reform the law on veld and forest fires; to repeal certain provisions of the Forest Act, 1984; and to provide for related matters. he Parliament law: T of the Republic of South Africa enacts the following ARRANGEMENT OF ACT CHAPTER 1 INTRODUCTORY PROVISIONS 1. 2. Purpose Interpretation CHAPTER 2 FIRE PROTECTION ASSOCIATIONS 3 _ . 4. 5 6: 7. 8. Formation of fire protection associations Registration of fire protection associations Duties of fire protection associations Fire protection officers Financial and other assistance De-registration of fire protection associations CHAPTER 3 FIRE DANGER RATING 9. 10. 11. Fire danger rating Communication Delegation of powers and duties of fire danger rating CHAPTER 4 VELDFIRE PREVENTION THROUGH FIREBREAKS 12. 13. 14. 1s. 16. for firebreaks Duty to prepare and maintain Requirements Firebreaks on borders of Republic Exemption Exemption tirebreaks from duty to prepare and maintain from prohibitions on damaging plants tirebreaks 10 IS 20 2s 3 No. 19515 GOVERNMENT GAU3-l-E. 27 NOVEMBER 1998 Act No. 101, 1998 NATIONAL VELD AND FOREST FIRE ACT. I998 Readiness 17.

19. Agreements to tight fires CHAPTER 5 FIRE FIGHTING for tire fighting for mutual assistance CHAPTER 6 ADMINISTRATION OF ACT 20. 21. 22. 23. Regulations Procedure regulations for making Delegation of powers and duties of powers and duties Assignment 24. 25. Penalties Offences CHAPTER 7 OFFENCES AND PENALTIES CHAPTER 8 ENFORCEMENT 26. 27. 28. 29. of this Chapter Implementation Power to enter and search Power to seize Power to arrest CHAPTER 9 GENERAL AND TRANSITIONAL PROVISIONS in media 30. 31. 32. 33. 34. 35. 36. 37. 38. to owners Research Publication of notices Notices Limitation of liability Presumption of negligence Amendment Savings Short title Commencement of Act 122 of 1984 10 20 25 30 CHAPTER 1 INTRODUCTORY PROVISIONS This Chapter sets out the purpose for which this Act is passed. It defines words and terms used in the Act and guides its interpretation. important 35 Purpose 1. ( 1) The purpose of this Act is to prevent and combat veld, forest and mountain fires throughout the Republic. (2) The Act provides for a variety of institutions, methods and practices for achieving 40 the purpose. Interpretation 2. (1) In this Act, unless inconsistent with the context- 6 No. 19515 GOVERNMENT GAZETTE. 27 NOVEMBER 1998 Act No. 101, 1998 NATIONAL VELD AND FOREST FIRE ACT. I998 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) by for (vii) (xiii) means service: a service recognised the Minister in a particular includes a veldfire; fire officer” means the person appointed area of land which the Director-General (iii) in terms of an agreement, custom or law; (xii) the national Department which has responsibility for in terms of section 4 of the social group of persons with interests or the members have or exercise “chief in terms of section 5 of the Fire Brigade Services Act. 1987 (Act No. 99 of 1987), to be in charge of a service or designated “community” means a coherent, rights communally “Department” means the management of veldfires; service” means “designated Provincial Affairs and Constitutional Development Fire Brigade Services Act, 1987 (Act No. 99 of 1987); (i) “Director-General” “fire” “fire danger” means veldfire getting out of control and, if so, the anticipated intensity with which, it will bum; (vi) “fire protection association” means a fire protection association terms of section 4: (v) “fire protection officer” means a person referred to in sections 5 and 6; (iv) “forest officer” means a forest officer designated or appointed under section 65 of the National Forests Act, 1998; (ii) “Minister” means the Minister for veldfires “municipality” means a local council, a metropolitan local council. a representative council, a rural council or a district council as defined in section 10B of the Local Government Transition Act. 1993 (Act No. 209 of 1993), and any successor “owner” has its common (n) the chance of a veldfire occurring or of an existing rate at which, and in terms of section 9 l(2) of the Constitution; to whom the President assigns responsibility law meaning and includes- council, a metropolitan of the Department; to such a council; in terms of a registered (xiv) (xv) (x) in the land in question law or order of a High Court; testamentary document, to land controlled by a community, a lessee or other person who controls contract, in relation community in relation paragraph (i) in ternIs of its constitution to State (a) or a community- the Minister of the Government council executive control over that State land; or a person authorised by him or her; and land not controlled the provincial of (b) (c) (d) the executive body of the or any law or custom; by a person contemplated in department or the member of the administration exercising (ii) in relation authority or a person authorised by him or her; (xi) to a local authority, the chief executive officer of the local (xix) “prescribe“ means prescribe by regulation; “service” means a fire brigade service as defined Brigade Services Act, 1987 (Act No. 99 of 1987); (viii) “State forest” means a State forest as defined Forests Act, 1998; (xvi) “State government- (u) land which vests land” means in in section 1 of the Fire in section 2 of the National the national or a provincial in trust by the Minister of Land Affairs or the to in the KwaZulu Ingonyama Trust Act (KwaZulu land held including Ingonyama referred Act No. 3 of 1994); 5 10 15 20 25 30 35 40 45 50 (xiv) (xv) (xvi) (xvii) (xviii) land belonging (b) excluding “the Act” or “this Act” means and includes “veldfire” means a veld, forest or mountain the regulations made under the Act; (ix) to a local authority; (xvii) the National Veld and Forest Fire Act, 1998, (xix) (2) Words derived from the words defined have corresponding meanings, unless the 55 fire. (xviii) context indicates otherwise. (3) A reasonable interpretation of a provision which is consistent with the purpose of this Act must be preferred over an alternative interpretation which is not. (4) Neither- 8 No. 19515 GOVERNMENTGAZETTE,27NOVEMBERl998 .ict No. 101, 1998 NATIONAL VELD AND FOREST FIRE ACT, 1998 (N) a reference (1~) the absence of any reference to a duty to consult specific persons or authorities, nor to a duty to consult or give a hearing, in this Act exempts the official or authority exercising a power or performing a duty from the duty to proceed fairly in respect of all persons entitled to be heard. (5) Where is more than one owner there by one owner of a duty imposed that duty. from performing performance owners in respect of the same land, in terms of this Act exempts the proper the other 5 (6) Explanatory notes, printed this Act. not be used to interpret in bold italics at the commencement of Chapters, must CHAPTER 2 FIRE PROTECTION ASSOCIATIONS the establishment, of fire Chapter 2 regulates protection associations. These associations must deal with all aspects of vercifire prevention and fire fighting. The appointment and duties of a fire protection o#‘icer are also regulated duties and functioning in this Chapter. registration, 10 15 Formation of fire protection associations 3. (1) Owners may form an association managing association and extinguishing in terms of this Chapter. veldfires and apply for its registration for the purpose of predicting, preventing, as a fire protection (2) A fire protection association may be formed by owners who wish to co-operate for 20 the purpose referred to in subsection (1) in respect of an area which has- (a) (6) (c) (d) regular veldfires; or a relatively uniform relatively uniform climatic conditions, or relatively uniform risk of veldfire; or types of forest or vegetation. , 25 (3) If no fire protection association has been registered within one year after the Act that a fire protection in the area should be formed, he or she must convene a meeting of owners into effect in an area where the Minister is of the opinion comes association to- (a) (b) (c) the provisions of this Chapter; explain see if there is support for the forming of a fire protection association; identify what assistance the Department registration support. in association, of a fire protection and management can provide the formation, if there is such 30 and (4) The Minister may give assistance to and co-operate with owners in forming a fire 35 protection association. Registration of fire protection associations 4. (1) An application for registration as a fire protection association must be made in the duties imposed on a fire protection the prescribed way. (2) If the Minister (n) (b) the applicant association the applicant is satisfied that- is capable of performing in terms of this Act; and is representative of owners in the area, d he or she must register such an association certificate. recognise and register as a fire protection association- and issue a registration (3) The Minister.may (u) (6) a fire control committee or regional section 19 of the Forest Act, 1984 (Act No.122 of 1984); a conservation Agricultural Resources Act, 1983 (Act No. 43 of 1983); committee established under section 15 of the Conservation of fire control committee established under 40 45 IO No. 19515 GOVERNMENT GAZE-ITE. 27 NOVEMBER 1998 Act No. 101. 1998 NATIONAL VELD AND FOREST FIRE ACT, 1998 committee established agency established under section 78 of the National a catchment management Water Act, 1998 (Act No. 36 of 1998); any nature conservancy a fire protection Catchment Areas Act, 1970 (Act No. 63 of 1970); a disaster management management of disasters or for civil protection; of the any voluntary association Act, which has as one of its objects the prevention and combating of veldfires, or any committee of such an association, in terms of any ordinance of any Province; under section 7 of the Mountain in existence at the time of the promulgation in terms of any law passed for the agency established established and if its founding law or constitution (4) The Minister may require an applicant complies with subsection for registration the amendment of its constitution. (6). to fulfil certain conditions including either before or after registration, (5) Only one fire protection association may be registered (6) All owners in an area for which a fire protection association has been registered to abide by they undertake in respect of an area. have a right to join the fire protection association, provided its constitution and rules. (7) Where a fire protection association has been registered (a) all or part of which is controlled by a municipality a service; or in which there is a designated or designated service, (b) the municipality association. service must become a member of the fire protection in an area- and that municipality has (8) The owner in respect of State land must join any fire protection association registered in the area in which the land lies. (9) Nothing in this Act prevents of fire protection associations, but a reference is not a reference to such an umbrella association. the formation of an umbrella association for a number in this Act to a fire protection association (10) An umbrella association may exercise powers under this Act or perform duties in terms of this Act on behalf of a fire protection association if the Minister agrees. 30 Duties of fire protection associations the fire danger rating referred to in sections 9 and 10 strategy for its area; for the co-ordination of actions in the event of a fire crossing that affect the fire danger; cf) w ffl) (b) associations k-1 (4 69 the ecological conditions 5. (1) A fire protection association must at least- develop and apply a veldfire management provide in the strategy for agreed mechanisms with adjoining fire protection boundaries; make rules which bind its members; identify regularly communicate to its members; organise and train its members inform its members of equipment and technology available fighting veldfires; provide management efforts to manage and control veldfires; supply veldfires furnish any maintain exercise the powers and perform the duties delegated appoint a fire protection officer, unless a municipality or a designated the fire danger rating system; the Minister in its area; requested by the Minister is a member, (2) Where a municipality (W (1) information services, service (h) (j) (j) in fire fighting, management training and support for communities at least once every 12 months with statistics in order to prepare or to it by the Minister; and 50 is a member. the fire protection and prevention; for preventing and in their aboui 45 association must consult with it in the development and application of the strategy. 5 10 15 20 25 35 40 12 so. 19515 GOVERNMENT GAZETTE, 27 NOVEMBER 1998 Act No. 101, 1998 NATIONAL VELD AND FOREST FIRE ACT, 1998 (3) The Minister may delegate a power or duty to a fire protection association if he or she ha.\ consulted with the fire protection officer beforehand. (4) The rules contemplated in subsection (l)(c) must provide for- (crl any matter which may or must be dealt with in terms of this Act; (6) in relation to all aspects to be maintained by members for fire fighting; and readiness standards the minimum of veldtire prevention (c) controlled burning (L/) any other matter which to conserve ecosystems is necessary and reduce the fire danger; and for the fire protection association to achieve its objects. (5) A copy of the rules must be lodged with the Minister. Fire protection officers 5 10 6. (I ) The fire protection officer must- the function to him or her by the fire protection association or 15 the officer of the veldfire fire protection the fire protection of chief executive in the area for which is a threat to life or property; and perform association; carry out the tasks assigned its executive committee; take control of any fire fighting association has been formed, if- (i) (ii) he or she is reasonably enforce monitor and report to the association and the Minister on compliance with this Act; train the members- (i) (ii) on the rules of the fire protection association; (iii) inspect the members’ in terms of the Act and the rules of the fire protection association. land to ensure that they are complying with their duties in the law regarding veldfire prevention, management to prevent and fight veldfires; and the rules of the association; able to do so; and control; and 20 25 30 (2) Where- (u) is a member and has a service, or where a designated service is a municipality a member, a fire protection association has as members more than one entity having a chief fire officer, the fire protection officer must be elected as prescribed. (3) A fire protection officer has the right of entry onto the land of a member of the fire 35 the chief fire officer is the fire protection officer; (h) protection subsection association on reasonable (l)(g). notice to carry out the duties contemplated in (4) The Director-General may designate an officer or employee of the Department to act as fire protection for a fire protection association does not have the means to do so itself. officer association if a fire protection (5) (CI) An appointment (b) The period may only be extended under subsection (4) must be for a fixed period. if, in the opinion of the Director-General, there is good reason for doing so. (6) (a) A fire protection officer must apply to the Director-General for registration as a fire protection officer in the prescribed way. (b) The Director-General must register a fire protection officer if he or she is satisfied that the person will be able to enforce the Act in a responsible manner. (7) The fire protection officer may delegate his or her powers and duties in terms of this Act, except the powers of arrest, search and seizure. Financial and other assistance

7. The Minister may give a loan, grant or other assistance to- (n) any fire protection association for any of its activities; and 40 45 50

14 No. 19515 GOVERNMENT GAZE-T-l-& 27 NOVEMBER 1998 Act No. 101,1998 NATIONAL VELD AND FOREST FIRE ACT. 1998 (6) in terms of section 14 and in doing so to if the boundary of his or her land did not coincide with that of the in excess of what he or she would reasonably be expected any owner who prepares a firebreak incurs expenses incur Republic. De-registration of fire protection associations 8. (1) If a fire protection association has, in the opinion of the Minister, become inoperative or ineffective, he or she may deregister (2) In that event the fire protection association it and withdraw its certificate. liable to- becomes (u) (b) repay any loan made to it by the Department; return any assets lent to it by the Department. immediately and CHAPTER 3 FIRE DANGER RATING Chapter 3 provides for the prevention of veld?res through a_fire a2znger rating system. The Minister sets up and maintains the system, although he or she may delegate his or her powers and duties to do so to an organisation with the necessary expertise. The content of the system and the factors it are set out. A prohibition on the lighting of$res in the open air comes into force when the Minister warns in the media that the fire to be taken into account when preparing danger is high. 5 10 15 Fire danger rating 9. (1) The Minister must prepare and maintain on a continuous basis a fire danger 20 rating system for the entire country in consultation with- (u) (b) the South African Weather Bureau or any successor fire protection associations. to that Bureau; and (2) The Minister may consult other organisations with expertise, equipment relevant to the establishment or maintenance (3) The Minister must divide being one in which the fire danger rating which is meaningful for the entire region. the entire country into separate is usually sufficiently uniform information or of a fire danger rating system. regions, each region to allow for a single 25 including- 30 (4) The fire e (a) b / in the area; the relevant peculiarities of each region, danger rating system must- into account the topography; the type of vegetation the seasonal climatic cycle; typical weather conditions; recent weather conditions; where reasonably possible, current weather conditions; forecasted weather conditions; any other relevant matter; and tak (9 (ii) (iii) (iv) (v) (vi) (vii) (viii) (b) (c) (d) to- the indicators needed to rate the fire danger; the formula or formulae needed take into account all factors affecting incorporate (i) (ii) calculate (iii) show the rating in a clear format; identify- (i) what activities are dangerous and what precautions rate the fire danger the fire danger for each region; in each region for an appropriate period or periods; each rating; and (ii) when the fire danger is rated as high. (5) The Minister may require any fire protection association to provide information needed for the fire danger rating system within a period specified by him or her. should be taken for 45 35 40 16 No. 19515 GOVERNMENT GAZETTE, 27 NOVEMBER 1998 Act No. 101, 1998 NATIONAL VELD AND FOREST FIRE ACT, 1998 Communication of fire danger rating 10. ( 1) The Minister must- communicate associations (n) in that region regularly; the rating of the fire danger for each region to the fire protection (b) when the fire danger is rated as high in any region, publish a warning at the 5 earliest possible opportunity (i) on three television channels and three radio stations broadcasting in all the main languages used in that region- to that region; and in two newspapers circulating in that region; and (ii) ensure newspaper notices. (c) that recordings are kept of the broadcasts and copies are kept of the (2) When the Minister has published (l)(b), no person may light, use or maintain a fire in the open air in the region where the fire danger is high. in terms of subsection a warning (3) The warning referred to in subsection (l)(b) must- (a) (b) (c) say that the fire danger is high; refer to the prohibition on lighting, using or maintaining and identify the region in which and the period for which the prohibition fires in the open air; applies. in such other media or employ any other (4) The Minister may publish the warning means as he or she considers appropriate to ensure that it is effectively communicated. Delegation of powers and duties

11. The Minister may delegate any of his or her powers or duties in terms of this if the Director-General of the Department 25 to- Chapter (a) (b) (c) the South African Weather Bureau of Environmental Affairs and Tourism agrees; any successor to that Bureau; or an organisation with the necessary expertise, for its services and may pay such an organisation Parliament. from money appropriated by CHAPTER 4 VELDFIRE PREVENTION THROUGH FIREBREAKS Chapter 4places a duty on owners to prepare and maintain firebreaks. The procedure in this regard and the role of adjoining owners and the fire protection association are dealt with. Provision boundary of the Republic. The Minister making a jrebreak is also made for the making ofcfirebreaks on the international is given the power to exelnpt any ownerfrom for good reason. Duty to prepare and maintain firebreaks 12. (1) Every owner on whose land a veldfire may start or bum or from whose land it a firebreak on his or her side of the boundary may spread must prepare and maintain between his or her land and any adjoining land. to in subsection (2) (a) If an owner referred to prepare and maintain a firebreak by burning, he or she must determine a mutually agreeable date or dates with the owners of adjoining for the area, if any. land for doing so, and inform the fire protection association (1) intends (b) If agreement cannot be reached, such owner must give to the owners of adjoining for the area, if any, at least 14 days written notice fire danger land and the fire protection association of the day or days during which he or she intends burning permitting. firebreaks, (3) An owner of adjoining or who receives a notice in terms of subsection land who has agreed on a day in terms of subsection (2)(b) must- (2)(a) 50 (a) burn his or her firebreak on the boundary concerned on the same day or days; or 10 15 20 30 35 40 45 18 No. 19515 GOVERNMENTGAZE-I-E. 27NOVEMBER 1998 Act No. 101,1998 NATIONAL VELD AND FOREST FIRE ACT, 1998 (6) be present at such burning or have his or her agent attend; and (c) ensure that a sufficient number of persons are present on his or her side of the boundary to prevent any spread of fire when the firebreak is burned. (4) An owner may not burn a firebreak, despite having complied with subsection (2). if- ((I) (6) the fire protection association objects to the proposed burning; or a warning has been published danger the conditions (5) The owner must is high in the region; or are not conducive inform to the burning of firebreaks. the owners of adjoining (c) in terms of subsection 10(l)(6) because the fire land and the fire protection association, if any- (a) (b) if burning cannot be done on the agreed day or days referred to in subsection (2)(a) or any of the days referred of the additional days on which he or she intends to do so on the day or days set in terms of subsection to bum because of the failure to in subsection (2)(a) or (6). (2)(b); and (6) It is not necessary (7) Owners of adjoining for the owner to give 14 days notice of the additional days. land may agree to position a common firebreak away from the boundary. (8) Should an owner intend to be absent for a period longer period or part of any period in which burning normally all owners of adjoining may be contacted. land an address and telephone number, than 14 days during the takes place, he or she must give if any, at which he or she 5 10 15 20 is not present on the agreed or notified day or days; or (9) If an owner of adjoining land- (a) (b) has not given an address and (8), subsection telephone number, if any, as required in 25 the owner may proceed with the burning in his or her absence. (10) A fire protection association may make rules different from subsections (2) to (6) in which event members are bound by the if the new rules are approved by the Minister, new rules and exempt from subsections (2) to (6). Requirements for firebreaks

13. An owner who is obliged to prepare and maintain a firebreak with due regard to the weather, climate, terrain and vegetation of the must ensure area- that, (4 w w itis wide enough and long enough a veldfire from spreading it does not cause soil erosion; and it is reasonably across it. to have a reasonable chance of preventing to or from neighbouring land; free of inflammable material capable of carrying a veldfire Firebreaks on borders of Republic

14. An owner- (a) whose land is subject (6) whose land or any part of it coincides with the border of the Republic, to a risk of veldfire; and must prepare and maintain a firebreak on his or her land as close as possible border. to that Exemption from duty to prepare and maintain firebreaks 15. (1) The Minister may exempt any owner or group of owners from the duty to prepare and maintain a lirebreak or firebreaks for good reason. (2) The exemption may be subject to conditions. 30 35 40 45 20 No. 19515 GOVERNMENT GAZETTE, 27 NOVEMBER 19% Act No. 101,1!398 NATIONAL VELD AND FOREST FIRE ACT, I998 (3) The Minister must consult the fire protection association for the area, if any, before granting any exemption. Exemption from prohibitions on damaging plants

16. The right or duty to prepare and maintain a firebreak in terms of this Chapter damage, prevails over any prohibition destruction or removal of any plant or tree, except that the owner must- law on the cutting, disturbance, in any other (a) where possible, (6) where it is safe and feasible, position transplant any plant which is protected in terms of any law; or the firebreak so as to avoid such plant or tree. CHAPTER 5 FIRE FIGHTING tofightfires. Certain persons and o@als Chapter 5 places a duty on all owners personnel andjightfires the Minister and fire protection associations, each other in the case of a$re. in an emergency. Itprovides to acquire equipment and have available are given the power to enter land to be entered into between to assist or between such associations, for agreements Readiness for fire fighting 17. (1) Every owner on whose land a veldfire may start or burn or from whose land it may spread must- 5 10 15 protective clothing and trained personnel for extin- 20 (n) have such equipment, fires as are- guishing (i) prescribed; or (ii) in the absence of prescribed circumstances; requirements, reasonably required in the (0) ensure that in his or her absence responsible persons are present on or near his 25 or her land who, in the event of fire, will- (i) extinguish (ii) the fire or assist in doing so; and land and the take all reasonable relevant steps to alert the owners of adjoining if any. fire protection association, (2) An owner may appoint an agent to do all that he or she is required to do in terms 30 of this section. Actions to fight fires 18. (1) Any owner who has reason to believe of an adjoining immediately- (a) owner may endanger that a fire on his or her land or the land must the environment, life, property or take all reasonable (i) steps to notify- the fire protection officer or, failing him or her, any member of the executive committee of the fire protection association, if one exists for the area; and the owners of adjoining land; and (ii) (6) do everything in his or her power to stop the spread of the fire. (2) Any person who has reason to believe life, property or the environment, may, together with any other person under his or her control, enter that land or land to which the fire can spread in order to prevent that fire from spreading or to extinguish that a fire on any land may endanger it. (3) In taking control over the fighting of a fire in terms of section 6(l)(c), any fire protection officer may- (n) take control from any person who has, until his or her arrival, controlled fighting of the fire; the 35 40 45 22 No. 19515 GOVERNMENT GAZE-I-I-JZ, 27 NOVEMBER 1998 Act No. 101,1998 NATIONAL VELD AND FOREST FIRE ACT. 1998 (b) order any person who is apparently not younger than 16 years and not older ihan 60 years to assist him or her. (4) In the absence of a fire protection officer, a forest officer may- (o) take over control of the fighting of a fire in or within State forest to the exclusion of any other person: and ten kilometres of any (6) order any person who is apparently not younger than 16 years and not older than 60 years to assist him or her, (5) Any person acting in terms of subsection considers preventing it necessary a fire from spreading or for extinguishing it- for the protection of !ife, property or the environment (l), (2), (3) or (4) may, if he or she or for enter any land; trees, grass, crops or other vegetation; (a) (b) destroy (c) (d) prevent any person from entering any premises; (4) enter or break and enter any premises; remove from the scene any person who is in danger or who obstructs forcibly him or her in the performance of his or her duties; and remove or order to be removed any vehicle or other thing. cf, (6) Whenever a fire spreads or may spread across a boundary of a fire protection association, the fire protection officer must- 5 10 15 the fire protection officer of the area to which the fire spreads or may 20 (u) (b) inform spread; take all steps needed to co-ordinate with the fire management the fire-fighting operation in accordance strategy referred to in section 5(l)(a) and (b). Agreements for mutual assistance 19. (I) The Minister may enter into an agreement with any person or persons or a fire 25 protection association to provide mutual assistance in fighting fires. (2) Two or more fire protection associations may enter into an agreement fires on the land of or constituting to provide a mutual assistance threat to their respective members. in fighting and extinguishing (3) The agreements referred to in subsections (1) and (2) may provide for the payment 30 of compensation for the assistance rendered. CHAPTER 6 ADMINISTRATION OF ACT Regulations 20. (1) The Minister may make regulations to deal with- 35 any matter that may or must be prescribed in terms of this Act; (a) (b,l model constitutions relating (c) procedures relating (d) procedures applications (e) associations; generally, (f) for fire protection associations; to registration of fire protection associations; to the election of certain fire protection officers; for and grants of financial and other assistance and to fire protection 40 the carrying out of the purposes and the provisions of this Act. (2) The Minister may make different regulations under subsection (1) for different regions of the Republic. (3) The reference to specific regulation-making powers in this section does not limit 45 the general regulation-making powers conferred by it. (4) The Minister may by regulation provide that infringements of certain regulations constitute criminai offences and prescribe maximum penalties for such offences. (5) The penalties may not exceed those for a second category offence referred to in section 24(2). 50 24 No. 19515 GOVERNMENT GAZETTE, 27 NOVEMBER 1998 Act No. 101,1998 NATIONAL VELD AND FOREST HRE ACT, 1998 Procedure for making regulations 21. (1) Before making or amending any regulations in terms of this Act, the Minister must- (a) publish a notice in the Gazette- (i) (ii) setting out the draft regulations; inviting written comments within a specified period; and 5 to be submitted on the proposed regulations (6) (c) consider all comments take advice from- (i) received; and the National Forests Advisory Council established of the National Forests Act, 1998; the Fire Brigade Board established Brigade Services Act, 1987 (Act No. 99 of 1987). (ii) in terms of section 33 10 in terms of section 2 of the Fire (2) The Minister makes the regulations by publishing (3) The Minister must table the regulations comments and advice received on them pursuant to subsection (l)- them in the Gazette. in Parliament together with any written 15 (a) within 30 days after publishing (b) them; or if Parliament is not then in session, within 30 days after the next session starts. (4) Parliament may reject the regulations within 60 days after they have been tabled. (5) If Parliament rejects any regulations, the Minister must- (a) (b) repeal them; or table amended regulations in draft form in Parliament, within 60 days of the rejection or if Parliament within 60 days after the next session starts, failing which the regulations become invalid. (6) If the Minister elects to amend regulations which have been rejected, he or she- the procedure set out in subsection is not then in session, (1); the chairpersons of the Council and of the Board referred to in (a) need not follow (b) must consult subsection before the amended (7) If Parliament- (l)(c), regulations are tabled. (a) accepts the amended days of Parliament’s rejects the amended regulations, (8) If the Minister complies with subsection regulations, acceptance; (6) the Minister must publish them within 30 subsections (5), (6) and this subsection apply. as originally the regulations (5)(b), published continue published by the Minister in terms of subsection regulations (2). to apply until amended are accepted by Parliament and 35 Delegation of powers and duties 22. (1) The Minister may delegate Act, except the power to make regulations, duties in terms of this Act, to- the exercise of any of his or her powers under this of any of his or her and the performance (a) a named official of the Department; (6) (c) (d) the holder of an office in the Department; an organ of State; a person who or which is not an organ of State. (2) The Director-General may delegate of any of his or her duties the exercise of any of his or her powers under in terms of this Act, to any this Act, and the performance employee in the Department. (3) The Minister or the Director-General, organ of State to whom a power or duty has been delegated duty further. in subsection referred to in subsections (4) A delegation (3)-- (a) must be in writing; (b) may be subject to conditions; (c) must specify the period for which it endures; and (d) does not prevent as the case may be, may permit a person or that power or to delegate (1) and (2) and the permission referred to the Minister or the Director-General, the exercise of the power or the performance of the duty by as the case may be. 20 25 30 40 45 50 55 26 No. 19515 GOVERNMENT GAZETI-E. 27 NOVEMBER 1998 Act No. 101, 1998 NATIONAL VELD AND FOREST FIRE ACT. 1998 Assignment of powers and duties 23. (1) The Minister may- (a) assign any power or duty in this Act to- (i) a province or other organ of State; or (ii) indefinitely or for a fixed period; a person who or which is not an organ of State, (h) withdraw an assignment; (c) make an assignment subject to conditions, by notice in the Guzerte. (2) The Minister must- 5 10 and (a) (b) consult with the province, organ of State or person concerned; consider concerned before making or withdrawing capacity of the province, organ of State or person to provide, effective responsibility, to assume, or continue the administrative an assignment. (3) A province may implement those provisions of the Act relating to the powers and 15 to it- duties assigned (a) (b) (c) until the assignment from the date of the assignment; in the area to which the assignment ends. relates; CHAPTER 7 20 OFFENCES AND PENALTIES This Chapter sets out the relevant offences applikable. in terms of the Act and the penalties Penalties 24. (1) A person who is guilty of a first category offence referred to in section 25 may 25 be sentenced on a first conviction of up to two years, or to both a fine and such imprisonment. for that offence to a fine or imprisonment for a period (2) A person who is guilty of a second category ofYence referred to in section 25 may for a period for that offence to a fine or imprisonment be sentenced on a first conviction of up to one year, or to both a fine and such imprisonment. (3) A person who is guilty of a third category offence referred to in section 25 may be service for a sentenced on a first conviction period of up to six months, or to both a fine and such service.. to a fine or community for that offence (4) A person who is guilty of a second or third category offence may be sentenced on a first or second for that offence as if he or she has committed a second conviction category offence, respectively. (5) A court which sentences any person to community of this Act must impose a form of community for the offender it is possible to serve such a sentence service which benefits service for an offence in terms. if the environment in the circumstances. Offences 25. (1) Any person who lights, uses or maintains a fire in the open air in contravention of section lO(2) is guilty of a first category offence. (2) Any person who, in the open air- (4 (b) (4 (4 a fire, whether with or without permission of the leaves unattended a fire which he or she lit, used or maintained before that fire is extinguished; lights, uses or maintains owner, which spreads and causes in-jury or damage; throws, puts down or drops a burning match or other burning material or any material capable of spontaneous and, by doing so, makes a fire which spreads and causes lights, uses or maintains a fire in a road reserve- (i) other than in a fireplace which has been designated combustion or self-ignition injury or damage; by a competent authority; or 30 35 40 45 50 28 No. 19515 GOVERNMENT GAZETTE. 27 NOVEMBER 1998 Act No. 101, 1998 NATIONAL VELD AND FOREST FIRE ACT, 1998 (ii) for a purpose other than the burning of a firebreak in terms of sections 12 to 16: or (e) smokes where smoking is by notice prohibited, is guilty of a second category offence. (3) Any person who- to do so in terms of section 12( 1) 01 (n) fails to prepare a firebreak when obliged 14; fails to give notice of intention (b) (c) burns a firebreak when a fire protection association has objected in terms of section 12(2)(b); in terms of to burn a firebreak section 12(4)(a); or fails to inform adjoining owners of the matters referred (d) to in section 12(5). is guilty of a second category offence. (4) Any person who- 5 10 (4 W Cd (4 for fire fighting referred to in section to assist a fire protection officer or a forest officer in terms of section fails to meet the standards of readiness 17(l); fails to notify the persons refuses 18(3)(b) or 18(4)(b); or hinders or obstructs protection officer referred to in section 18(3) or any forest officer referred to in 20 section 18(4), to in section 18(2) or any fire to in section 18(l)(a); any person referred referred 15 is guilty of a second category offence. (5) Any owner, occupier or person steps to extinguish to take reasonable from causing damage to property on adjoining in control of land on which a fire occurs who fails it the fire or to confine land, is guilty of a first category offence. it to that land or to prevent (6) Any person who- (a) prevents a fire protection officer, forest officer, a police officer or an officer in terms of section 5 or 6 of the Fire Brigade Services Act, 1987 (Act appointed No. 99 of 1987), from acting in any way interferes with him or her in the performance of his or her duties in terms of section 27, 28 or 29, in terms of section 27, 28 or 29; or (b) is guilty of a third category offence. (7) Negligence amounts to fault for the purposes of an offence in terms of this section. CHAPTER 8 ENFORCEMENT This Chapter sets out the powers provisions of this Act efectively. Implementation of this Chapter of registered jire protection ofleers to police the 26. (1) A fire protection officer has the power to enforce the Act in terms of this Chapter only if he or she is registered in terms of section 6(6). (2) (a) A forest officer, a police officer, and an officer appointed in terms of section 5 or 6 of the Fire Brigade Services Act, 1987 (Act No. 99 of 1987), have the power to enforce the Act in terms of this Chapter. (b) A reference to a fire protection officer in sections 27, 28 and 29 includes the officers referred to in paragraph (a). (3) A fire protection officer exercising powers under this Act must carry with him or her, and produce on request, the prescribed proof of his or her identity and appointment as a fire protection officer. (4) A reference to an offence in this Chapter means an offence in terms of this Act. 25 30 35 40 45 30 No.19515 GOVERNMENT GAZETTE. 27 NOVEMBER 1998 Act No. 101, 1998 NATIONAL VELD AND FOREST FIRE ACT. 1998 (5) (a) A court which imposes a fine for an offence in terms of this Act. may order that led a sum of not more than one-fourth of the fine be paid to any person whose evidence to the conviction or who helped bring the offender to justice. (6) An officer in the service of the State may not receive such an award. Power to enter and search 27. ( 1) A fire protection officer may enter and search any land or premises without a warrant if he or she has reason to believe there and- that an offence has been or is being committed (a) (6) the person in control of the land or premises consents; or the fire protection officer has reason to believe that a warrant would be issued if he or she were to apply for such warrant, but the delay caused by applying would defeat the object of the entry or search. (2) A fire protection officer may, without a warrant, stop, enter and search any vehicle, is being or or stop and search any beast of burden which he or she reasonably has been used in the commission of an offence. suspects Power to seize 28. (1) A fire protection officer may seize without a warrant- (n) (0) any vehicle, tool, weapon, animal or other thing which he or she has reason to believe has been or is being used in the commission any thing which he or she has reason to believe might be used as evidence the prosecution of any person for an offence. of an offence; in 5 10 15 20 (2) Where any vehicle or animal is seized in terms of subsection (l)(a), the person in control of the vehicle or animal must take it to the place pointed out by the fire protection officer. (3) The place pointed out must be that which in the opinion of the fire protection 25 officer is the nearest or most convenient for keeping the vehicle or animal. (4) The vehicle or animal may be kept there pending the outcome of any proceedings in terms of this Act. (5) If the person in control of the vehicle or animal refuses to take it to the place, a fire protection officer may do so. 30 (6) In order to safeguard a vehicle which has been seized, a fire protection officer may immobilise it by removing a part. (7) The part must be kept safely and returned to the vehicle in good order when it is released. (8) An item seized under this section must be kept securely and in good order. 35 Power to arrest 29. (1) A fire protection officer may arrest any person whom he or she reasonably suspects (a) (b) to have committed- a first or second category offence; or a third category offence and who in his or her opinion will fail to appear in answer to a summons. 40 (2) In making an arrest, a fire protection officer must- (u) not use more force than is reasonably necessary (b) respect the constitutional rights of the person arrested. if the arrest is resisted; CHAPTER 9 45 GENERAL AND TRANSITIONAL PROVISIONS This Chapter deals primarily with the transition management dealt with. and control. Miscellaneous in veldfire items which need to be regulated are also to a new legal order 32 No. 19515 GOVERNMENT GAZETTE, 27 NOVEMBER W8 Act No. 101,lWI NATIONAL VELD AND FOREST FIRE ACT, I998 Research 30. (1) The Minister may carry out or commission research into- (a) (b) the prevention the use of controlled and combating of veldfires; and fire in sustainable forest management. (2) The Minister must make the results of the research available to all fire protection 5 associations free of charge. Publication of notices in media (a) 31. (1) Where a notice must be published the required number of television area; or the required number of newspapers do not circulate (b) in terms of this Act and- channels or radio stations do not reach an in an area, the organ of State responsible as do reach the area in question. for publication may do so in such lesser number of media (2) If an employee of a television channel or radio station signs an affidavit confirming- (a) publication of a notice, (6) that a television channel or radio station broadcasts presumed that it so broadcasts, it is presumed that the notice has been published; or to a particular area, it is until the contrary is proved. (3) If an employee of a newspaper signs an affidavit confirming that it does, until the contrary that a newspaper is proved. circulates in a particular area, it is presumed Notices to owners 32. (1) Where any person is required to give notice to an owner in terms of this Act, , he or she must do so- (a) by hand delivery of the notice; or (6) by registered mail. (2) If notice cannot be given to an owner because he or she is absent, notice may be in charge of the land or, failing such a person, any person given to the person apparently over the age of 16 years apparently (3) If there is no person referred residing on the land. to in subsection (2), notice may be given by leaving a copy of the notice in a prominent place on the land in question. Limitation of liability

33. Neither the State, nor any other person is liable for any damage or loss caused by- (a) (b) the purported exercise of any power or performance the failure to exercise any power or perform any duty, of any duty; or in terms of this Act, unless the State or person responsible did so- in bad faith, if it relates to a power or duty in Chapter 3; or (i) (ii) negligently or in bad faith, if it relates to a power or duty in any other part of the Act. Presumption of negligence 34. (1) If a person who brings civil proceedings proves that he or she suffered loss from a veldfire which- the defendant caused; or started on or spread from land owned by the defendant, to have been negligent in relation (a) (b) the defendant contrary the area where the fire occurred. is presumed is proved, unless the defendant is a member of a fire protection association to the veldfire until the in (2)The presumption in subsection (1) does not exempt the plaintiff from the onus of proving that any act or omission by the defendant was wrongful. 10 15 20 25 30 35 40 45 50

34 No. 19515 GOVERNMENTGAZEITE,~~NOVEMBEKIW~ Act No. 101,1998 NATIONAL VELD AND FOREST FIRE ACT, 1998 Amendment of Act 122 of 1984

35. The Forest Act, 1984 (Act No. 122 of 1984). is hereby amended- (a) by the deletion in section 1 of the definitions “fire control area”. scheme” and “regional committee”, “fire control fire control committee”; of “fire belt”, “fire control “fire protection region”, (6) by the repeal of sections 18 to 27; (c) by the deletion (d) by the deletion in section 73 of paragraph in section 75 of- (c) of subsection (1); and subparagraphs (i) (ii) paragraph (6) of subsection (iii) (7) and (8). subsections (2); and (iii) and (iv) of paragraph (a) of subsection (2); 5 10 Savings 36. (1) Anything done in terms of a law repealed by this Act- remains valid if it is consistent with this Act, until repealed or overridden; and (a) (6) becomes an action in terms of the corresponding provision of this Act. 15 (2) Any regulation made in terms of the Forest Act, 1984 (Act No. 122 of 1984)- (a) (b) if it is consistent with remains valid Minister: and becomes a regulation made in terms of sections 20 and 21 of this Act. this Act, until it is repealed by the and delegations of powers or duties in terms of the Forest Act, 1984, 20 and delegations in terms of this Act if they are consistent with this (3) Assignments become assignments Act. Short title

37. This is the National Veld and Forest Fire Act, 1998. Commencement 25

38. This Act takes effect on a date fixed by the President in the Gnzette.