Veldfires become emergencies when they threaten life and property. The potential causes and/or aggravations of veldfires range from dry grasslands, vegetation, extremely warm temperatures, strong winds, lightning and thunder, untrained persons trying to combat veldfires, and human culpability such as dropping lit cigarette butts, leaving open fires unattended or lighting open fires on days that are high-risk for veldfires.
The primary objective of the National Veld and Forest Fire Act 101 of 1998 (“National Veldfire Act”) is to prevent and combat veld, forest and mountain fires throughout the Republic of South Africa. Various sections in this Act place obligations on landowners aimed at combating and mitigating damages relating to veld and forest fires. Compliance with these sections also goes a long way in reducing liability and/or negligence for damage claims in veldfires.
Below we summarise some of the main obligations of landowners that will assist in combating veldfires and mitigating damages and liability in veldfire claims:
- The formation and registration of fire protection associations.
- Joining existing fire protection associations in the region where your property is located.
- Complying with tasks and/or responsibilities established by fire protection associations.
- Preparing and maintaining firebreaks following the National Veldfire Act and/or the Fire Protection Association guidelines.
- Paying attention to relevant fire danger ratings and acting accordingly.
- Avoiding the lighting of open fires and/or burning firebreaks when the fire danger rating is high.
- Being present when firebreaks are burnt and/or appointing agents to be present.
- Having the necessary equipment, protective clothing and trained personnel for the fighting of veldfires.
- As landowner ensure that if not present, a properly appointed agent is in place to take responsibility for fire safety.
- Take reasonable steps to notify fire protection associations and/or officers, as well as adjoining or neighbouring landowners of veldfires.
- Doing proper firefighting and mop-up operations.
- Entering any land, on which a fire may start and/or from which a fire may spread, together with another person, to extinguish the fire.
- Reducing fuel loads and invasion of alien vegetation.
- Doing everything necessary to prevent the start and/or spread of veldfires.
The above obligations are not an exhaustive list and may include additional obligations relevant to the specific circumstances of different landowners in different areas. Landowners should be mindful of these obligations, and although some veldfires cannot be entirely avoided, the above obligations will assist with mitigating damages in veldfires that may ensue and ultimately the liability and/or contributory negligence of landowners.
Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).
