National Veld and Forest Fire Act, 1998 (Act No. 101 of 1998)RegulationsFire Protection Association Regulations, 2003Chapter 2 : Fire Protection Associations3. Formation of a fire protection association |
(1) | Owners who wish to form a fire protection association for the purpose of predicting, preventing, managing and extinguishing veldfires must form a fire protection association at a founding meeting. |
(2) | The founding meeting must take place after a reasonable notice has been given to all owners. |
(3) | If there is a fire service or fire services in an area in respect of which a fire protection association may be formed, a notice contemplated in subregulation (2) must be given to the chief fire officer or officers in charge of that fire service or those fire services. |
(4) | Where there a fire service or fire services in the area in respect of which a fire protection association may be formed, the chief fire officer or officers of that or those fire services, or persons authorised by them in writing, must attend the founding meeting. |
(5) | An owner may, with his or her written consent, be represented at a founding meeting by— |
(a) | another owner; or |
(b) | an organisation of which he or she is a member |
(6) | An owner and his or her representative must retain copies of the owner's written consent as contemplated in subregulation (5). |
(7) | Owners and/or representatives who are present at the founding meeting must elect a chairperson. |
(8) | At a founding meeting, the chairperson must identify— |
(a) | all owners present who represent themselves personally and allocate each owner one vote; |
(b) | each owner present who represents another owner or owners in terms of sub regulation 5(4, and allocate each such owner one vote for each owner represented by him or her; .and |
(c) | each organisation present which represents an owner or owner in terms of sub regulation 5(b), and allocate to each such organisation one vote for each owner represented by it. |
(9) | A founding meeting must vote on whether a fire protection association must be formed in the proposed area. |
(10) | Representatives attending the founding meeting on behalf of owners must have the written authority to vote for, vote against or to abstain from voting for the formation of a fire protection association. |
(11) | The minutes of the founding meeting must indicate— |
(a) | whether or not there was unanimous support among owners or their representatives for the formation of the fire protection association; |
(b) | the number of votes cast in favour of the said formation; and/or |
(c) | the number of votes cast against the said formation; and |
(d) | the number of owners or their representatives who abstained from casting their votes on the said formation. |
(12) | Where a founding meeting votes in favour of forming a fire protection association, it must at least— |
(a) | give a name for the fire protection association; |
(b) | describe the area in respect of which the fire protection association is formed; |
(c) | elect the executive committee of the fire protection association; and |
(d) | record its decisions on matters referred to in sub regulation 12(a) to (c). |
(13) | The minutes of the founding meeting must include an attendance register recording— |
(a) | the names, contact details including the postal address, telephone numbers, cell phone numbers, fax numbers and e-mail addresses, where applicable, and the registered property names of the owners who attended the meeting; |
(b) | the names, contact details and property names of the owners who were duly represented at the meeting, if any, and the names and contact details of the owners or organisations so representing them; and |
(c) | where a chief fire officer has authorised another person in writing to attend the founding meeting on his or her behalf, a copy of that written authorisation. |