WELBEKEND BRANDBESKERMINGS VERENIGING
WELBEKEND FIRE PROTECTION ASSOCIATION

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Application for request for approval to burn

Two Acts regulate die application and execution of controlled fires on Agricultural land. The first is the National Veld and Forest Act (no 101 0f 1998) and Conservation of Agricultural Resources Act (43 of 1983).
The following guidelines are compiled in line with the 2 Acts and referrers to the relevant sections thereof.

Burning of Veld/Cultivated fields

  • Any owners that intends to burn on ground that is zones as agricultural land must first apply to the Department of Agriculture Forestry and Fisheries (DAFF) for approval to burn. The approval is based on Ecological principles and management of sustainable Agricultural resources to approve or reject the request as prescribed in the Conservation of Agricultural Resources Act (43/1983) (Regulation 12).
  • The application must be submitted to the DAFF at least 30 days prior to the planned date of burning (Regulation 12(2)(a). Application can by submitted earlier and is not only valid for a specific date but for a specific area.
  • The applicant must agree with neighbours on possible dates (Chapter 4 12 (2)(a).
  • If an agreement cannot be reached with adjacent owners, the owner that intends burning must inform his neighbours in writing at least 14 days prior to the planned date of his intention to burn. Notwithstanding the above he may only burn if the Fire Danger Index (FDI)allows it (Chapter4 12(2)(a
  • The owner who intends to burn MUST obtain approval from the Registered Fire Protection Association to Burn.

Burning of Fire breaks

  • If n owner intends to prepare and maintain a firebreak by burning, he or she must determine a mutually agreeable date or dates with the owners of adjoining land for doing so, and inform the Fire Protection Association of the area
  • The adjoining owners must burn his firebreak on the same day or days.
  • The owner of adjoining land must be present or have his agent attend and ensure that sufficient persons are present on his side of the boundary to prevent any spread of fire when the firebreak is burned (Chapter4 12 (c)
  • If the owner of adjoining land is not present on the agreed date/dates the owner may proceed.
  • No owner may proceed despite the above if:
  • The Welbekend Fire Protection Association objects to the proposed burning
  • A warning has been published in terms of 4 10 (1)(b) if the FDI is high
  • The Conditions are not conducive
  • The owner must inform the WFPA and neighbours if he is unable to burn on the date/dates agreed and inform them of alternative dates. Chapter 4 12 (5)

Guideline for the preparation of an approved controlled fire

  • All above requirements of the Act must be adhered to.
  • Sufficient equipment and personnel must be present and arranged beforehand
  • Members of the Welbekend Fire Protection Association have access to the equipment of the Fire Protection Association
  • Should an owner not have knowledge on managing the WFPA he can request advise and support from the WFPA. Note must be taken that the WFPA consists of Volunteers who may not be available at all times.
  • All requirements as documented in the Permit to burn must be adhered to. If the requirements are not adhered to the owners is guilty of a Category 2 offence which is punishable with a fine or imprisonment of 1 year or both.
  • The applicant must, after completion of the firebreak, ensure that any risk that the fire can start up again is eliminated. If he leaves the area or supervision prior to all risks being eliminated is guilty of a second Category offense which is punishable with a fine or imprisonment of 1 year or both.

OFFENCES

  • Any person who:
  • Does not prepare a firebreak; or
  • Does not inform his neighbours of his intention to burn; or
  • Burns a firebreak when the WFPA has objected; or
  • Fails to inform adjoining owners and the WFPA of the alternate date/s on which he wants to burn firebreaks
  • Leaves the area or supervision prior to all risks being eliminated
  • Is guilty of a second category offence which is punishable with a fine or imprisonment of 1 year or both. Chapter7 25 Negligence amounts to fault for the purpose of an offence in terms of this section.