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KNOW YOUR OBLIGATIONS AS THE OWNER
Of a property in a fire-risk
The fire tragedy in the Knysna area in June, which took the lives of 7 people and damaged/destroyed
at least 1 000 homes in Knysna and Plettenberg Bay, made me wonder about an owner's obligations.
My research led me to the National Veld and Forest Fire Act (No. 1 of 1998) ("the Act") and I came
across a handy guide to the interpretation and implementation of the Act.
The provisions are extensive and must be read with several other Acts ­ for purposes of this article,
however, I will focus on the obligations of the owner in summary form and I apologise in advance
for the academic nature of the article.
By nature, veldfires (defined as a "veld, forest or mountain fire") do not respect property or
boundaries and in the absence of preventative measures will continue to burn for as long as the
weather is favourable and there is vegetation to burn. Anyone owning land has the first responsibility
to control fires on his or her own land. Case law offers a clearer definition of "veld" and can be
summarised as "uncultivated and undeveloped land with relatively open natural vegetation" and "the
uncultivated and unoccupied portion of land, as distinct from the portion which is cultivated,
occupied or built upon". The ground immediately around a farm house is therefore not "veld" even
though veld grass may be growing upon it, meaning that if a fire started there, it would not be
regarded as a veld fire, even if it subsequently spread to areas that are regarded as veld.
The Act defines an "owner" as the landowner with a title deed but also includes, inter alia, a lessee
or other
person legally controlling land. Where there may be more than one owner of the land, one of the
owners must take on the duties imposed by the Act.
The Act refers to the phrase `on whose land a veldfire may start or burn or from whose land it may
spread'. The provisions of the Act will therefore apply in cases where the chance of a veldfire starting
and spreading, and the risks to life, property and the environment are big enough to justify the
measures intended by the Act.
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