We’re in for a horrible veld
fire season. Thanks to the
abundant rain, the Bronberg’s
grass, weeds and shrubs
have grown profusely and pose a
greater than usual fire risk this winter.
Many Bronbergers are still unclear
about the way in which the new
veld fire legislation applies to smallholders.
What happens when a fire
spreads over many smallholdings?
Who should be held responsible
for damages?
According to the National Veld
and Forest Fire Act a number of
different people could be liable for
damages including: the person
who started the fire or his employer
if it was started when the person
was at work; the owner or the
person in control of the land
where the fire started; and the
owner or the person in control of
land over which the fire spread.
This means that you can go away
for the weekend and come home
facing a number of damage claims
if a veld fire had simply spread
over your plot to somebody else’s.
The veld fire legislation calls this‘presumption of negligence’.
Negligent
The best way to protect yourself is
to form a Fire Protection Association
(FPA) with your neighbours.
The ‘presumption of negligence’
does not apply to an FPA member.
Section three of the Act says that
any group of owners who wish to
co-operate to predict, prevent,
manage and extinguish veld fires
may form an FPA. The Act provides
a framework for owners to
organise and collaborate in veld
fire management.
Many people, who rent smallholdings
or even a part of a smallholding,
think that they will not be held
responsible when fires spread over
the property. The Act applies to
lessees as much as it applies to the
people who own properties.
The basic rule is that every property
must have firebreaks along the
boundary. The breaks must be“sufficient to control the spread of
wildfires”. Firebreaks may not be
burnt during times when there is a
high fire risk.
Manuals
Working on Fire (WoF), a government-
supported programme
formed in 2003 to develop an
integrated national fire-fighting prevention
and wildfire fighting capacity,
brought out a number of training
manuals. ‘Veld and Forest Firefighting
Fundamentals’, by William
C Teie and edited by Fred Favard,
is one of the latest books.
This handbook contains useful
information about fires and at the
back there is a comprehensive
glossary of firefighting terminology
and a description of the National
Veld and Forest Fire Act.
It is available from Working on Fire
for R64, excluding postage. To
order, contact Colleen Sparg at
013-741-7461 or
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.
Firewise, a WoF initiated partnership,
recently released ‘You, Wildfires
and the Law’ - an illustrated
A6 booklet by environmental
lawyer David Waddilove. The
booklet costs R5 and can be
ordered from Philippa Huntly at
021-799-8692 or
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.
The Department of Water Affairs &
Forestry’s provincial fire advisor for
Gauteng is Luke Radebe. His office
is on the 15th Floor, Sanlam Plaza
East Building, 285 Schoeman
Street, Pretoria. You can contact
him at 012-392-1300 or
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.
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The veld fire season is upon us
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