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The National Veld and Forest Fire Act, No 101 of 1998

The National Veld and Forest Fire Act, No 101 of 1998. Presenter: Maindren Chettiar DAFF SUB-DIRECTORATE: VELDFIRES OVERSIGHT. THE FIRE ACT. Promulgated in 1998 (fairly new)

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The National Veld and Forest Fire Act, No 101 of 1998

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  1. The National Veld and Forest Fire Act, No 101 of 1998 Presenter: Maindren Chettiar DAFF SUB-DIRECTORATE: VELDFIRES OVERSIGHT

  2. THE FIRE ACT • Promulgated in 1998 (fairly new) • South Africa is becoming more and more vulnerable to veldfires because of urbanization and rural development. 70% of the country is situated in the high or extreme veldfire risk category (see next slide). • The Fire Act is intended to prevent and combat these unwanted/ unmanaged veldfires

  3. RELATED LEGISLATIONS 1.THE CONSTITUTION • Section 18 – Freedom of Association • Section 24 – Environment 2.CRIMINAL PROCEDURES ACT 3.DISASTER MANAGEMENT ACT 4. CARA 5. FIRE BRIGADE SERVICES ACT, etc 6. COMPLIANCE AND ENFORCEMENT POLICY OF DWAF 7. NEMA 8. POLLUTION ACT

  4. CHAPTERS IN THE NVFFA • CHAP 1: INTRODUCTORY PROVISIONS • CHAP 2: FIRE PROTECTION ASSOCIATIONS • CHAP 3: FIRE DANGER RATING • CHAP 4: FIREBREAKS • CHAP 5: FIRE FIGHTING • CHAP 6: ADMINISTRATION OF THE ACT • CHAP 7: OFFENCES AND PENALTIES • CHAP 8: ENFORCEMENT • CHAPTER 9: GENERAL AND TRANSITIONAL PROVISIONS

  5. CHAPTER 1: INTRODUCTORY PROVISIONS Contains: 1. PURPOSE – combat veld, forest & mountain fires. NVFFA provides for institution, methods and practices for achieving this purpose.

  6. Ch 2: Fire Protection Associations • Fire Protection Associations are voluntary organisations formed by landowners with common veldfire problems for the purpose of managing these fires in a coordinated manner. • Formed in areas frequented by veldfires and with uniform environmental and climatic factors. • It is compulsory for owners of State land to belong to FPA’s

  7. ADVANTAGES OF FPA MEMBERSHIP • Cost/resource sharing • Liability – non-presumption of negligence • Coordination – veldfire incidence better managed • Lives, environment and economy spared • Veldfire management strategy could reduce cost of having to prepare firebreaks around each property

  8. CHAPTER 3: FIRE DANGER RATING NFDRS is an early warning system which informs the public of the conditions that may lead to veldfires. System must consider relevant peculiarities of each area. The warnings will be published on TV (3 channels), Radio (3 stations), and Newspapers (2) (print and broadcast), in all the main languages of the area. Function delegated to SAWS. Failure to comply with the warnings constitutes a punishable offence.

  9. Ch 4: Veldfire Prevention Through Firebreaks • A firebreak is a manmade or natural barrier placed in such a way that it will prevent a fire from spreading from one property to another and also in such away that it can be used as a safe point from which to fight a veldfire. • Every landowner on whose property a veldfire may start and spread is required by law to prepare and maintain firebreaks on their side of the boundary. • Non Compliance is an offence

  10. Ch 5:FIRE FIGHTING Every owner has a duty to put preventative measures against the spread of veldfires • Equipment • Protective clothing • Trained personnel Every owner has a duty to alert the owners of adjoining land and the FPO if any. Every owner has a duty to extinguish the fire or assist in doing so. (See section 17)

  11. ACTIONS TO FIGHT FIRES Any owner on reasonable belief that fire may endanger life, property or the environment has a duty to take reasonable steps Any person on reasonable belief that a fire may endanger life, property or environment has a duty to prevent or extinguish A Fire Protection Officer may order any person between 16 and 60 years to assist in fire fighting. Act allows for mutual agreements for assistance in fighting fires.

  12. CHAP 7. OFFENCES AND PENALTIES A person lights, uses or maintains a fire in the open air

  13. OFFENCES AND PENALTIES Burning of firebreaks

  14. OFFENCES AND PENALTIES • A person does not co-operate

  15. OFFENCES AND PENALTIES Smokers

  16. Ch 8: ENFORCEMENT WHO CAN ENFORCE? • A Fire Protection Officer • Must be registered i.t.o. Section 6(6) to enforce this Act. • Must carry identification when exercising powers under this Act. • A Forest Officer • A Police Officer • A Chief Fire Officer (Appointed i.t.o. S 5 or 6 of FBSA) • Powers are vested in all the above officers to enter and search, to seize and to arrest i.t.o. S 27, 28 & 29 of this Act.

  17. PRESUMPTION OF NEGLIGENCE (S34) The Act encourages the cooperation amongst landowners to form FPAs • Non-members are presumed to have been negligent in relation to the veldfire unless the contrary is proven. • The presumption does not exempt the plaintiff from the onus of proving.

  18. Thank You

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