Offences & Penalties
National Veld & Forest Fire Act 101 of 1998 — Offences and presumption of negligence
Presumption of Negligence (Article 34 of the Act)
If a veld fire causes loss or damage to another person's property, the question of negligence depends on whether the defendant is a member of a Fire Protection Association (FPA):
The defendant is presumed to have been negligent until they can prove otherwise. The burden of proof falls on the defendant to show they were not negligent.
The plaintiff must prove negligence on the part of the defendant. The burden of proof falls on the person claiming damages.
First Category Offences
Penalty: Up to 2 years imprisonment or a fine, or both
| # | Offence Description |
|---|---|
| 1 | Lighting a fire in the open air during a fire warning — Making or fuelling a fire in the open air, or carrying out any activity in the open air that could start a fire, when a fire danger warning has been issued. |
| 2 | Failing to take reasonable steps — Failing to take all reasonable steps to extinguish a fire or confine a fire that threatens to get out of control or to cause damage. |
Second Category Offences
Penalty: Up to 1 year imprisonment or a fine, or both
| # | Offence Description |
|---|---|
| 1 | Leaving a fire unattended — Leaving a fire that has been lit in the open air unattended and without taking reasonable precautions. |
| 2 | Fire spreads causing damage — Allowing a fire to spread and cause damage to the property of another person. |
| 3 | Throwing burning material — Discarding or throwing a lighted match, cigarette, or any other burning material in circumstances where it could start a fire. |
| 4 | Fire in a road reserve — Lighting or fuelling a fire in a road reserve or within a prescribed distance of a road reserve. |
| 5 | Failing to prepare a firebreak — Not preparing and maintaining the firebreaks required by the Act or by the FPA. |
| 6 | Failing to notify of firebreak burning — Burning a firebreak without giving proper notice to neighbours and the FPA as required. |
| 7 | Failing to inform neighbours — Not informing adjoining landowners of intended burning activities. |
| 8 | Failing standards of readiness — Not meeting the required standards of readiness and preparedness for fire fighting. |
| 9 | Refusing to assist a Fire Protection Officer — Refusing or failing to assist a Fire Protection Officer (FPO) when lawfully requested to do so. |
| 10 | Hindering a Fire Protection Officer — Wilfully obstructing or hindering a Fire Protection Officer in the execution of their duties. |