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

Chapter 2 : Fire Protection Associations

6. Fire protection officers

 

(1) The fire protection officer must—
(a) perform the function of chief executive officer of the fire protection association;
(b) carry out the tasks assigned to him or her by the fire protection association or its executive committee;
(c) take control of any fire fighting in the area for which the fire protection association has been formed, if-
(i) the veldfire is a threat to life or property; and
(ii) he or she is reasonably able to do so;
(d) enforce the rules of the association;
(e) monitor and report to the association and the Minister on compliance with this Act;
(f) train the members-
(i) in the law regarding veldfire prevention, management and control;
(ii) on the rules of the fire protection association; and
(iii) to prevent and fight veldfires; and
(g) inspect the members' land to ensure that they are complying with their duties in terms of the Act and the rules of the fire protection association.

 

(2) Where—
(a) a municipality is a member and has a service, or where a designated service is a member, the chief fire officer is the fire protection officer unless he or she declines the position;
(b) a fire protection association has as members more than one entity having a chief fire officer willing to assume the powers and duties of the fire protection officer, the fire protection officer must be appointed from among those chief fire officers.

 

(3) A fire protection officer has the right of entry onto the land of a member of the fire protection association on reasonable notice to carry out the duties contemplated in subsection (1)(g).

 

(4) The Director-General may designate an officer or employee of the Department to act as fire protection officer for a fire protection association if a fire protection association does not have the means to do so itself.

 

(5)
(a) An appointment under subsection (4) must be for a fixed period.
(b) The period may only be extended if, in the opinion of the Director-General, there is good reason for doing so.

 

(6)
(a) A fire protection officer must apply to the Director-General for registration as a fire protection officer in the prescribed way.
(b) The Director-General must register a fire protection officer if he or she is satisfied that the person will be able to enforce the Act in a responsible manner.

 

(7) The fire protection officer may delegate his or her powers and duties in terms of this Act, except the powers of arrest, search and seizure.