Ensuring Compliance with the National Veld and Forest Fire Act of South Africa
By Mgidi Moses, Fire Protection Association Field Worker, Department of Water Affairs and Forestry (Tel: 012 336 7322) and Qwabe Linda, Compliance and Enforcement specialist, Department of Water Affairs and Forestry (Tel: 012 336 8978).
It is every South African citizen's responsibility to join hands in ensuring compliance with the provisions of the National Veld and Forest Fire Act (NVFFA), 1998 (Act No 101 of 1998). To clarify, a "veld" is the term for open, uncultivated country or grassland in southern Africa.
Non-compliance with the NVFFA places our environment , lives, and livelihood at risk. Therefore, individuals must manage veldfires in an integrated manner in order to ensure a safe environment for the present and future generations.
In terms of the NVFFA, landowners (including Government Departments and Parastatals), on whose land a veldfire may start or burn or may spread, have a responsibility to create firebreaks to minimize the chances of the fire from spreading. Therefore, all landowners on whose property a veldfire may start or spread are expected to prepare and maintain firebreaks, and must have minimum fire-fighting equipment.
The NVFFA also encourages citizens to report transgressions, and on successful conviction of offenders the courts have discretion to award the whistleblower with up to a quarter of what is fined. The penal provision of the Act makes it an offence to fail to take reasonable steps whenever a veldfire occurs. This implies clearly that because a safe environment is a constitutional right for all, it is the publics corresponding duty to comply with the provisions of the NVFFA by ensuring and safe-guarding a non-harmful environment.
The Department of Water Affairs and Forestry (DWAF) has to ensure compliance with, and enforcement of, the NVFFA. To accomplish this goal, the Department has put in place measures such as signboards, posters, pamphlets, booklets, board games, publications, radio talk shows, and advertisements.
Furthermore, the NVFFA provides for the establishment of Fire Protection Associations (FPAs) that serve as a platform for cooperation towards a common purpose for managing veldfires. Membership of these FPAs is voluntary for private landowners, but the Act makes it compulsory for owners of State land and municipality with fire service to join FPAs where these exist or are being formed.
The Department is currently reviewing Section 7(a) and (b) of the Act to make it compulsory for all municipalities, irrespective of whether they have fire services or not, to become members of the FPAs where these exist or are being formed. The main task of these associations is to craft methods and practices by which veldfires could be managed.
For more information on the NVFFA: http://www.acts.co.za/national_veld_and_forest_fire_act_1998.htm.
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