National Veld and Forest Fire Act, 1998 (Act No. 101 of 1998)Chapter 2 : Fire Protection Associations6. 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. |