Fire Brigade Services Act, 1987 (Act No. 99 of 1987)

1. Definitions

Purchase

(1) In this Act, unless the context indicates otherwise—

"Administrator"

means the competent authority within the government of a province to whom the administration in that province of this Act was assigned under section 235(8) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993);

[Definition substituted by Proclamation No. R. 153 of 1994]

"area"

means—

(a)	in relation to a service of a local authority, the area of jurisdiction of that local authority, excluding any demarcated area contemplated in section 4(4); and

(b)	in relation to a designated service, the demarcated area contemplated in section 4(4) of that designated service;

"Board"

means the Fire Brigade Board established by section 2;

"chief fire officer"

means the person in charge of a service as contemplated in section 5;

"controlling authority"

means a local authority in control of a service or the person in control of a designated service;

[Definition substituted by section 18(a) of Act No. 134 of 1992]

"designated service"

means a service recognized by the Minister under section 4;

"equipment"

means a vehicle, or any other apparatus, intended to be used by a service in the performance of its functions;

"local authority"

means an institution or body contemplated in Act section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961), and includes—

(a)	a board of management or board as defined in Act section 1 of the Rural Areas Act (House of Representatives), 1987 (Act No. 9 of 1987);

(b)	a regional services council established under section 3 of the Regional Services Councils Act, 1985 (Act No. 109 of 1985);

(c)	a local authority as defined in Act section 1 of the Black Local Authorities Act, 1982 (Act No. 102 of 1982);

[Paragraph (c) substituted by section 1(a) of Act No. 83 of 1990]

(d)	a local government body established by virtue of the provisions of section 30(2)(a) of the Black Administration Act, 1927 (Act No. 38 of 1927);

[Paragraph (d) substituted by section 1(a) of Act No. 83 of 1990]

(e)	a local council established under section 2 of the Local Councils Act (House of Assembly), 1987 (Act No. 94 of 1987); or

[Paragraph (e) inserted by section 1(a) of Act No. 83 of 1990]

(f)

an institution or body declared by the Minister, by notice in the Gazette, to be a local government for the purposes of this Act: Provided that the Minister may only declare an institution or body to be a local government if such institution or body was established by an Act of Parliament and if it, in terms of or by virtue of that Act, exercises powers and performs duties which, in the opinion of the Minister, may be exercised or performed by an institution, body or board contemplated in section 84(1)(f) of the Provincial Government Act, 1961, or in paragraphs (a) to (e) of this definition;

[Paragraph (f) inserted by section 1(a) of Act No. 83 of 1990]

(g)	any similar institution or body existing or which is established in an area to which the provisions of this Act did not apply before the insertion of section 1(2) in this Act;

[Paragraph (g) inserted by Proclamation No. R. 153 of 1994]

"material"

means water or any other substance consumed by a service in the performance of its functions;

[Definition substituted by section 1(b) of Act No. 83 of 1990]

"Minister"

means—

(a)	except in paragraph (f) of the definition of "local authority" and sections 2, 15 and 17, the competent authority within the government of a province to whom the administration of this Act in that province has been assigned under section 235(8) of the said Constitution; and

(b)	in paragraph (f) of the definition of "local authority" and sections 2, 15 and 17, the national Minister responsible for provincial and local government;

[Definition substituted by section 1 of Act No. 14 of 2000]

"prescribe" or "prescribed"

means prescribe or prescribed by regulation under section 15 or, except for the purposes of section 11, by guideline recommended by the Board and approved by the Minister;

[Definition substituted by section 18(b) of Act No. 134 of 1992]

"province"

means a province established in terms of section 124 of the said Constitution;

[Definition inserted by Proclamation No. R. 153 of 1994]

"self-governing territory"

[Definition deleted by Proclamation No. R. 153 of 1994]

"service"

means a fire brigade service intended to be employed for—

(a)	preventing the outbreak or spread of a fire;

(b)	fighting or extinguishing a fire;

(c)	the protection of life or property against a fire or other threatening danger;

(d)	the rescue of life or property from a fire or other danger;

(e)	subject to the provisions of the Health Act, 1977 (Act No. 63 of 1977), the rendering of an ambulance service as an integral part of the fire brigade service; or

(f)	the performance of any other function connected with any of the matters referred to in paragraphs (a) to (e).

(2) This Act shall apply in the national territory referred to in section 1 of the said Constitution.

[Subsection (2) inserted by Proclamation No. R. 153 of 1994]