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National Veld and Forest Fire Act, 1998 (Act No. 101 of 1998)

Chapter 2 : Fire Protection Associations

4. Registration of fire protection associations

 

(1) An application for registration as a fire protection association must be made in the prescribed way.

 

(2) If the Minister is satisfied that—
(a) the applicant is capable of performing the duties imposed on a fire protection association in terms of this Act; and
(b) the applicant is representative of owners in the area,

he or she must register such an association and issue a registration certificate.

 

(3) The Minister may recognise and register as a fire protection association—
(a) a fire control committee or regional fire control committee established under section 19 of the Forest Act, 1984 (Act No. 122 of 1984);
(b) a conservation committee established under section 15 of the Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983);
(c) a catchment management agency established under section 78 of the National Water Act, 1998 (Act No. 36 of 1998);
(d) any nature conservancy established in terms of any ordinance of any Province;
(e) a fire protection committee established under section 7 of the Mountain Catchment Areas Act, 1970 (Act No. 63 of 1970);
(f) a disaster management agency established in terms of any law passed for the management of disasters or for civil protection; and
(g) any voluntary association in existence at the time of the promulgation of the Act, which has as one of its objects the prevention and combating of veldfires, or any committee of such an association,

if its founding law or constitution complies with subsection (6).

 

(4) The Minister may require an applicant for registration to fulfil certain conditions either before or after registration, including the amendment of its constitution.

 

(5) Only one fire protection association may be registered in respect of an area.

 

(6) All owners in an area for which a fire protection association has been registered have a right to join the fire protection association, provided they undertake to abide by its constitution and rules.

 

(7) Where a fire protection association has been registered in an area—
(a) all or part of which is controlled by a municipality and that municipality has a service; or
(b) in which there is a designated service,

the municipality or designated service must become a member of the fire protection association.

 

(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 the formation of an umbrella association for a number of fire protection associations, but a reference in this Act to a fire protection association is not a reference to such an umbrella 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.