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INTERPRETING CHAPTER 7 OF THE ACT (Extract from Guide to the interpretation and implementation of the National Veld and Forest Fire Act, 1998)
Interpreting Chapter 7: Offences and penalties
Penalties and offences
171. Sections 24 and 25 provide for three categories of offences, each with different penalties.
172. Section 25(7) provides that anyone causing any one of these offences through neglect will be presumed guilty.
Summary of penalties and offences (see sections 24 and 25 for full details)
Category 1·
- Lighting, using or maintaining a fire in the open air when the fire danger rating is high (contravention of section 10(2))
- Failing to take reasonable steps to extinguish a fire or prevent it from causing damage to neighbouring property, in the case of the owner of his or her agent
First conviction: fine or imprisonment for a period of up to two years, or both
Category 2
- Leaving a fire before it is extinguished
- Lighting or using or maintaining a fire that spreads
- Throwing or dropping something, for example, a burning match, thereby causing a fire to starts a fire that spread and causes damage
- Lighting a fire in a road reserve other than in a fireplace
- Lighting a fire in a road reserve for a purpose other than the burning of a firebreak
- Smoking when smoking is by notice prohibited
- Failing to prepare a firebreak when obliged to do so
- Failing to give intention to burn a firebreak
- Burning a firebreak when an FPA has objected
- Failing to inform neighbours of a threatening fire
- Refusing to take orders from an FPO or forest officer
- Hindering or obstructing fire fighting
First conviction: fine or imprisonment for a period of up to one year, or both
Second conviction: fine or imprisonment for a period of up to two years, or both
Category 3
- Preventing an FPO, forest officer or police officer or CFO from entering, searching, seizing or arresting
- Interfering with an FPO, forest officer or police officer or CFO when any of these are entering, searching, seizing or arresting
First conviction: fine or community service (which must if possible benefit the environment) for a period of up to six months, or both
Second conviction: fine or imprisonment for a period of up to one year, or both
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