Special Investigating Units and Special Tribunals Act, 1996
R 385
National Veld and Forest Fire Act, 1998 (Act No. 101 of 1998)Chapter 1 : Introductory Provisions2. Interpretation |
| (1) | In this Act, unless inconsistent with the context— |
"chief fire officer"
means the person appointed in terms of section 5 of the Fire Brigade Services Act, 1987 (Act No. 99 of 1987), to be in charge of a service or designated service;
"community"
means a coherent, social group of persons with interests or rights in a particular area of land which the members have or exercise communally in terms of an agreement, custom or law;
"Department"
means the national Department which has responsibility for the management of veldfires;
"designated service"
means a service recognised by the Minister for Provincial Affairs and Constitutional Development in terms of section 4 of the Fire Brigade Services Act, 1987 (Act No. 99 of 1987);
"Director-General"
means the Director-General of the Department;
"fire"
includes a veldfire;
"fire danger"
means the chance of a veldfire occurring or of an existing veldfire getting out of control and, if so, the anticipated rate at which, and intensity with which, it will burn;
"fire protection association"
means a fire protection association registered in terms of section 4;
"fire protection officer"
means a person referred to in sections 5 and 6;
"forest officer"
means a forest officer designated or appointed under section 65 of the National Forests Act, 1998;
"Minister"
means the Minister to whom the President assigns responsibility for veldfires in terms of section 91(2) of the Constitution;
"municipality"
means a local council, a metropolitan council, a metropolitan local council, a representative council, a rural council or a district council as defined in section 10B of the Local Government Transition Act, 1993 (Act No. 209 of 1993), and any successor to such a council;
"owner"
has its common law meaning and includes-
| (a) | a lessee or other person who controls the land in question in terms of a contract, testamentary document, law or order of a High Court; |
| (b) | in relation to land controlled by a community, the executive body of the community in terms of its constitution or any law or custom; |
(c) in relation to State land not controlled by a person contemplated in paragraph (a) or a community-
| (i) | the Minister of the Government department or the member of the executive council of the provincial administration exercising control over that State land; or |
| (ii) | a person authorised by him or her; and |
| (d) | in relation to a local authority, the chief executive officer of the local authority or a person authorised by him or her; |
"prescribe"
means prescribe by regulation;
"service"
means a fire brigade service as defined in section 1 of the Fire Brigade Services Act, 1987 (Act No. 99 of 1987);
"State forest"
means a State forest as defined in section 2 of the National Forests Act, 1998;
"State land"
means land which vests in the National or a Provincial government–
| (a) | including land held in trust by the Minister of Land Affairs or the Ingonyama referred to in the KwaZulu Ingonyama trust Act (KwaZulu Act No. 3 of 1944); |
| (b) | excluding land belonging to a local authority. |
"the Act" or "this Act"
means the National Veld and Forest Fire Act, 1998, and includes the regulations made under the Act;
"veldfire"
means a veld, forest or mountain fire.
| (2) | Words derived from the words defined have corresponding meanings, unless the context indicates otherwise. |
| (3) | A reasonable interpretation of a provision which is consistent with the purpose of this Act must be preferred over an alternative interpretation which is not. |
| (4) | Neither— |
| (a) | a reference to a duty to consult specific persons or authorities, nor |
| (b) | the absence of any reference to a duty to consult or give a hearing, in this Act exempts the official or authority exercising a power or performing a duty from the duty to proceed fairly in respect of all persons entitled to be heard. |
| (5) | Where there is more than one owner in respect of the same land, the proper performance by one owner of a duty imposed in terms of this Act exempts the other owners from performing that duty. |
| (6) | Explanatory notes, printed in bold italics at the commencement of Chapters, must not be used to interpret this Act. |
