Fire Management and Relating Legislation

Preventing a fire from getting out of control is very important to avoid major losses

Current legislation defines some limits to the use of fire. Thus it is appropriate to consider this before proceeding to a discussion of fire as a management tool. Burning of vegetation over most of the Republic of South Africa is governed by two acts of parliament. These are The Forestry Act No 72 of 1968, and the Soil Conservation Act No 76 of 1970. Further legislation pertaining to specific areas is also contained in other acts such as the National Parks Act No. 57 of 1976, the Mountain Catchment Areas Act No. 63 of 1970, and various other local ordinances.

 

The Forestry Act

The object of this act would seem to be to prevent wildfires and to restrict the damage caused by them. The act states that: The Minister (Forestry) may prohibit fires in the open air in specified areas by proclamation in the Government Gazette. This act also states that the owner, occupier or person in charge of any land is required to clear a firebelt on the common boundary with other properties, but the Minister may prohibit the use of fire for this purpose at certain times.

Prohibition of fires in certain areas and during specific times according to regulations

 

In Natal, for example, no burning of slash or boundary firebelts is usually permitted during the period from August 1^st to October 31^st inclusive. Furthermore, in Natal, no fires are allowed (except in demarcated areas) between 16h00 on Fridays and 06h00 on Mondays. Similar restrictions apply in the forest areas of the Eastern Transvaal. The act also defines the procedures for burning and the penalties for transgressions.

 

The Soil Conservation Act

The object of this act seems to be to regulate the burning of ‘grasslands’ to obtain optimum use. This act makes provision for the declaration of fire protection areas, schemes and committees.

The committee may propose to the Minister (Agriculture) schemes for:

• The regulation of prohibition of veld burning; and
• The prevention, control and extinguishing of veld and forest fires.
• No such proposals may conflict with the Forestry Act. (Several committees have been appointed in the Cape Fynbos biome).

General provisions in pursuance of the objectives of the Soil Conservation Act have been published under Notice R495 of 26.03.1970. Concerning veld burning, these are:

“Subject to the provisions of the Forest Act, 1968 –

1. Sweetgrass veld may not be burnet except where this is necessary for the control of invader plants on veld sufficiently rested beforehand;
2. Mixed and sourgrass veld types may be burnt only if –
   1. Rested for the full preceding growing season if a considerable amount of plant material has accumulated there, the moisture content of the soil is sufficient to allow veld growth, and the veld has already shown early signs of sprouting; or if
   2. Burning is necessary for the control of invader plants on veld sufficiently rested beforehand.
3. Veld in fire protection areas declared in terms of the Soil Conservation Act may be burnt only in accordance with the provisions of the fire protection scheme applicable to such areas; and
4. Macchia (fynbos veld) outside fire protection areas may be burnt only in accordance with such directions as the Minister may from time to time declare applicable to such veld.”

Various regions have published guidelines to aid in the interpretation of these provisions. For example, the latest from Natal (which are frequently amended as new research results become available) are summarised in the Table below and are supplemented by several notes.

Summarised veld burning guidelines for Natal 1979.

Area		Burning permitted
		After rain	Without rain
1	Warm, moist grassveld (800 mm on sour and mixed veld)	1 July – 15 Sept (15 mm in 24 hr)	1 Aug – 15 Sept
2	Cool, moist grassveld (800 mm on sour and mixed veld)	1 Aug – 15 Oct (15 mm in 24 hr)	1 Sept – 15 Oct
3	Dry tall grassveld (800 mm mixed veld) Upland Vleis	15 Aug – 31 Oct (25 mm in 24 hr) 1 Aug – 31 Oct	Nil 1 Aug – 31 Oct
4	Dry thornveld (800 mm sweet veld)	Only with permission in exceptional circumstances

Notes:

• Too early grazing of burnt veld can cause more damage than the burn itself, therefore burnt sour or mixed veld may be grazed only after sufficient regrowth has taken place to allow normal rotational grazing practices to proceed (i.e., a minimum regrowth of 10 cm of most of the new leaves).
• Sweet veld which is burnt shall not be grazed by primarily grass-eating domestic livestock before the majority of grasses are in the full flower stage and have attained a leaf height of 25 cm.
• The burning of veld under exceptional circumstances and at other times than are specified for the areas mentioned above may be carried out only after written application (stating the reasons for burning) has been made and written permission has been obtained from the Department of Agricultural Technical Services after consultation with the local Soil Conservation Committee.

These are supplemented by further recommendations to the Soil Conservation Committee, viz:

1. “That the last date for burning to be brought forward at least 15 days (ie. in cold moist areas from 15 October to 30 September);
2. A dry burn during August will be allowed in exceptional cases in the cool moist grassveld areas, but only on veld rested from January to the end of May. Such permission should be granted on written application only, and in areas where such requests are normally made, farmers should be informed of the conditions.
3. No more than 1/3 of the veld on a farm should be burnt before 31 August in cold moist areas or 31 July in warm moist areas, and no more than 2/3 of the veld on a farm should be burnt in any one year.
4. It is noted that northern and western aspects are particularly vulnerable and should be considered carefully when granting exemptions, particularly when included in the same camp as other aspects.
5. No general exemption to the burning regulations should be made without consultation with all other Chief Extension Officers.”

The Soil Conservation Act also makes provision for ‘directions’ to be applied to land (usually that which has been misused) concerning actions such as the time and frequency of burning.

In the Kruger National Park “according to the present policy, almost 80% of the Park shall be burnt every three or four years, in rotation. These burns will be applied alternatively before rain in spring, after rain in the spring and in the middle of summer. The same method of scattering the burnt blocks per year over the whole park is still in operation. Certain areas will be burnt annually or biannually in spring and autumn (mainly Pretoriuskop and Punda Milia areas) and riverbanks and other areas where the grass cover is sparse will be burnt less frequently (from 4-8 years). Trees set aside as ‘wilderness areas’ will receive no fire treatment other than fire caused by lightning”.

Some of the reasons for these regulations are: to supply short grazing for the declining wildebeest and zebra populations; to facilitate burning management, and to minimise the detrimental effects of erratic spring rains.

In the Mountain Fynbos of the Cape, the Department of Forestry policy calls for prescribed burning with a rotation of about twelve years, and with burning in late summer, although some flexibility in the choice of rotation and season is permitted, particularly while large tracts of old veld still exist. Certain types of ecosystems such as relic forests in kloofs, the ‘true sponges’ and the higher peaks, often snow-covered in winter, are not to be burnt, nor are catchments in dry areas.

Thus we have examples of how the appropriate fire legislation (three acts) in three biomes (grassveld, savanna and fynbos) has been applied to suit the optimum land use for each site.

It is of interest to note that much of the legislation has been amended relatively recently (within ten years) to cater for more recent research results and thinking. Thus we have had a change from the almost total prohibition of fire to the recognition of the value of controlled burning. The regular amendment of veld burning guidelines in recent years indicates that both legislators and scientists accept that veld burning legislation must allow for the specific requirements of each site and land use.

 

The Use of Fire to Achieve Management Objectives

The relative areas of the various biomes in South Africa are Fynbos 5%, Karoo 32%, Grassland 24%, Savanna 34% and Forest 5%. The Fynbos, Grassland and Savanna (63%) have been subject to frequent firing and the Karoo and Forest biomes (37%) to rare fires in the past. The present situation is similar to that of the past. The grassland and savanna biomes which account for 92% of the frequently burned areas are utilised primarily by domestic herbivores, although game farming and other uses also occupy part of these biomes. Thus the use of fire as a management tool has its greatest area of application in those systems concerned with domestic herbivora. In the fynbos (5% of the area) the role of fire is also of major significance in achieving the management objectives of water and nature conservation and wildflower production. On the other hand, in the Karoo, fire is of significance in management only following occasional wet years, and in the forest biome, its significance is solely related to the damage it does, or to its use for fire protection measures. Thus in this section priority will be given to those areas where fire is usually used in management.

Burning is only one of many factors which influence vegetation composition and productivity. Its interaction with other management factors such as grazing and browsing must be considered and understood if optimum results are to be obtained from the whole system.

Proposals for the use of fire in many systems of land use are made to illustrate how the varying management objectives influence the choice of burning practice.

 

The Use of Fire in Systems with Domestic Grazers and Browsers

Although fires can make more food available for livestock and wildlife, care should be taken to ensure that the animals do not get trapped in the fires

 

The optimum use of fire for grazing or browsing depends on the palatability of the veld, the stocking rate and consequently the intensity of utilisation, the ratio of grazers to browsers, the plant species composition and their vigour and the climatic conditions of each site.

The planning of the burning programme on a farm starts with the planning of a rotational grazing and resting system and is continued throughout the grazing season. It is developed and modified, depending on the rate of plant growth and stocking rates over the whole season until a final decision is made in winter.

When the candidates (camps) for burning have been identified they should be fired on a reasonably calm day, preferably burning with the wind (backburns – against the wind – are more heat-intensive and consequently more damaging to the grass cover) and only during the periods allowed by law. One of the most critical periods when veld can be damaged by grazing is shortly after a burn. New growth is produced from plant reserves after a burn and if this is grazed before adequate leaf area can be developed, then regrowth once again draws on reserves. This process continues with each grazing and the plant suffers the adverse effects of too frequent defoliation.

Grass is at its most vulnerable as it starts to regrow after a recent burn. Care should be taken to avoid it from being grazed during this time until more reserves are built up again

 

In veld types where browse is an important source of fodder supply (karoo and savanna ecosystems) the effect of fire on the productive portion of this component is important in addition to its effect on the herbaceous layer. In the Karoo vegetation types, because of the short nature of the browse plants and because of the lack of fuel, fire seldom plays a useful role in management. It has been suggested that fire plays a role in eliminating the allelopathic effect of certain undesirable karoo bushes. In the dry savanna, on the other hand, where browse can contribute considerably to the feed of livestock, much of the useable herbage may be above the browse line of domestic animals. At this stage, these taller plants compete with the usable herbage for nutrients and water but only have limited value for their pods and shade and it may be desirable to reduce their canopy height. In this area, an occasional build-up of herbaceous fuel occurs (in rainy periods) and fire can be used advantageously to reduce the canopy level. This fire must be preceded by a rest to obtain adequate fuel loads and must be followed by a long rest (six months at least depending on the rainfall) to allow recovery of the herbaceous layer. The utilisation of the browse should be at an intensity which will maintain it in a productive condition.

In special circumstances, for example, where undesirable species have invaded the ecosystems as a result of mismanagement, fire may be a useful tool in the reclamation process. Examples of this are the Macchia invasion into sourveld and the Acacia invasion into mixed-veld and/or moist savanna. In the moist savanna, the objective is to reduce or eliminate the woody component as opposed to its maintenance in the dry savanna. The elimination of the woody component can be facilitated in macchia by the use of fire and in the case of Acacia by a low-cost combination of fire and goats. As in the dry savanna, an adequate fuel load is required to provide a dry hot burn which in the case of Acacias is followed by continuous but controlled browsing by goats.

Thus, burning in a grazing system with domestic grazers and browsers is aimed at maintaining the optimum plant species composition, production and nutritional level in the vegetation to match the requirements of the herbivores which are the usable product of the land. The ratio of grazers and browsers should be determined by the feed available which can be manipulated to some extent by burning.

 

The Use of Fire in Systems with Wild Grazers and Browsers

Wild herbivores running from dangerous wildfires

 

Management systems used with wild grazers and browsers differ from those used for their domestic counterparts for two main reasons. Firstly, with wild animals, it is seldom practical to erect internal fences which partition the veld into relatively homogeneous units for the control of area selective grazing. Secondly, a far wider spectrum of grazing and browsing habits are potentially available with game than with domestic herbivores.

The lack of internal fencing in the game situation results in either overutilisation of the whole area (from overstocking) or area selection of the vegetation at lower stocking rates. Because of the large variability in palatability within vegetation in South Africa, it is impossible to obtain uniform utilisation at any stocking rate short of a high degree of utilisation which results in a decline in basal cover and soil erosion. With the variety of grazing and browsing amongst the different species of South African game it may be theoretically possible to balance these to obtain uniform utilisation. The use of correct proportions of grazers (bulk roughage eaters and selective) and browsers of different strata in relation to the herbage available may even out utilisation in some seasons. However, seasonal variations in the production of the various plant species, game population variations, the restricted supply of specific game species and veterinary considerations concerning the use of other species, render such an exercise practically impossible. Restricted control of herd composition, together with optimum placement of licks and water points will aid in achieving even utilisation. Nevertheless, the system of continuous grazing of game in one paddock will inevitably result in uneven utilisation lending a patchwork effect to the appearance of the sward. If this is not corrected the heavily utilised patches increase in size, decline in vigour, and erode. Burning thus becomes almost essential in the wild herbivora system even in sweetveld. Fire is used to remove the unpalatable, ungrazed herbage and to attract the game to the palatable, nutritious new growth after the burn. This may bring relief to the previously heavily utilised areas although some game are very habitat-specific and cannot be moved in this way. Burning to control invaders, reduce the height of browse and alter species composition also has applications in the game situation. The various vegetation communities must be burnt as dictated by their requirements.

The same principles of burning that apply to domestic herbivores also apply to wild herbivores (viz. burning at a time of the year when vegetative recovery is rapid, the need for adequate fuel load and low humidity when controlling woody vegetation, and so on). However, because grazing and browsing after the burn cannot be controlled, it is necessary to burn large areas at any one time. The wild animals which are attracted to the burn are thus spread over a large area and do less damage to the sprouting vegetation. Block burns of ¼ to ½ the area available are recommended, the proportion depends on the expected frequency of burning. On very large units more than one block should be burnt annually to cater for the species with small ‘home ranges’ which it is wished to attract to the burn.

Blue wildebeest is one of the first wildlife species which is attracted to a recently burned area of veld and can be very detrimental to the vegetation with their grazing habits

A combination of domestic bulk roughage eaters, such as mature steers, which rotate within fenced camps and wild herbivores to whom fences are no impediment and which roam over the whole area would reduce the need for burning in game systems in the sweetveld.

Zebra is known to also be one of the first species to graze on a recently burned veld

Thus, while the objectives of burning in a system for wild herbivores are similar to those for their domestic counterparts, the lack of internal fences in the former system introduces the need for fire on a larger scale than the optimum which is possible with domestic herbivores.

 

The Use of Fire in Systems to Provide Habitats for Other Wild Animals

Even some game birds benefit from recently burned areas. Pictured above is a young Southern Bald Ibis busy foraging in the post-burn veld

Although relatively little information is available on the use of fire in the management of vegetation for other types of game, researchers have postulated a bimodal distribution in the diversity and abundance of animals concerning time elapsed since the last fire. Thus certain groups such as greywing and redwing francolins and small mammals occupied grasslands which were burnt frequently while red-necked francolins occupied scrub which develops in the absence of fire. Similarly, carnivores would probably occupy unburned areas (for protection) close to burnt areas which would provide food for grazing game.

Frequently, these classes of game are present in the same area as wild grazers and browsers. Burning frequencies in this situation would be adapted to the requirements of the class of game it is desired to encourage. If a variety of animals is at a premium then relatively frequently burned areas should form a mosaic with unburned areas. The limit placed on these practices should be that no burning practice should result in unacceptable amounts of soil erosion. A study of the preferred habitats of the desired species is a necessary prerequisite to the planning of such a system.

 

The Use of Fire in Wilderness and Recreation Areas

In nature parks, a wide variety of vegetation forms are needed to support a wide variety of animals, while in recreation and wilderness areas less game is found and the emphasis is on plant diversity and topographic variation. Because protection from fire, or the introduction of burning at various times of the year, or at different frequencies, results in large variations in vegetation, fire becomes a powerful tool in achieving plant diversity. To provide maximum diversity at any one stage, most stages in the rotation should be present. Thus where a 20-year fire rotation is in practice, twenty compartments, one being burned each year, is ideal.

Fire is used to burn specific sections of the farm to achieve diversity in habitat

 

Vegetation diversity also results from sharp topographic, soil and climatic variations and the burning programme may be slotted into these environmental variations to further increase the diversity. For instance, parts of southern aspects which favour forest development would be protected from burning, allowing forests to develop, while other portions of these slopes would be burned occasionally to maintain a forest precursor stage. Vlei areas may be burned in alternate halves to cater for bird life and similar considerations may be applied to the grasslands on the warmer northern aspect. These areas also provide a valuable pool of plant and animal genetic material.

In recreation areas burning at many seasons, even those considered undesirable in farming areas, might be the best means of achieving the desired diversity of vegetation.

 

The Use of Fire in Systems for Water Yield

In certain cases, fire is used to clear away water catchment areas and increase the streamflow

 

Situations may exist in mountain catchments where the sole use of land is for water yield. However, in the vast majority of instances water yield is but one factor in a multiple land use system. In the mountains of the Cape, water yield conservation of resources, harvesting flowers and recreation are the management objectives. In other areas, the water yield objective is combined with afforestation and certainly nearly all farmers require a sustained water yield from their properties.

Water for industry, urban use and farms is usually stored in dams or reservoirs. In southern Africa, because of the seasonal nature of the rainfall which (in the summer rainfall areas) falls at high intensities over short periods, it is necessary to store water because stream flow is variable and normally inadequate. This applies particularly to the high-rainfall eastern parts of the country with their steep topography. In the winter rainfall areas, due to low-intensity rainfall and high percolation rates through the soil, fire has a relatively small effect on stream flow. Sustained water yield from catchments reduces the required storage capacity and costs. Thus, management of the catchments must be aimed at obtaining a high infiltration and percolation rate as opposed to a rapid run-off rate. The effects of this management are not confined to the mountains but are also evident in the silt loads deposited in dams, estuaries and the sea.

Because burning affects the canopy and basal cover and the species composition of vegetation it is a powerful tool in influencing the rate of water yield from a catchment. Even in winter rainfall areas the removal of vegetation by fire does, in the short term, increase stream flow because of reduced evapotranspiration. Thus, burning practices for optimum quality and quantity of water would be those which encourage a dense short cover for the greatest part of the rainy season in each of the ecosystems. The frequency of burn required to achieve this and other goals in multi-use systems may vary from annual burns in the Drakensberg to burns once in 20 years in the arid areas of the Western Cape.

 

The Use of Fire in the Protection of Property

A firebreak can be burned around the perimeter of the property or a specific area to protect it against runaway fires as well as function as an area of safety for animals during a fire

 

Firebreaks are one of the most effective means of protecting vulnerable areas from outside fires. A burned area within a system provides sanctuary for animals in time of fire. For firebreaks to be effective they must be burned before the period of high fire hazard. Fire hazard rating systems are based on fuel loads. Fuel moisture and climatic conditions are employed in some areas as an aid in fire control.

In summer rainfall areas, firebreaks are usually burned in early winter. Burning before frosts, in frost areas, makes a clean burn difficult while burning after frosts requires considerable care. To simplify the procedure of burning firebreaks several techniques have been developed. These include burned strips, mown strips, cultivated strips and herbicide strips as aids to burning firebreaks. There are also advantages and disadvantages of each method and certain procedures that should be followed. The continued application of firebreaks and strips to the same site year after year can lead to deterioration of the vegetation, particularly when these are open to grazing. To overcome this, the sites of firebreaks should be alternated from year to year.

Periodic controlled fires with the specific intention of reducing the fuel load and consequently the damage caused by wildfires have a place in many systems where the herbage is not intensively utilised.

An abundance of excess herbage around property and even buildings creates a high fuel load for potential fires during the dry season. When such areas light on fire whether accidentally through lightning or other causes can cause tremendous losses to the property. Areas of land next to roadways are more prone to accidental fires. Vehicle accidents or burst tires can cause metal to scrape along the tar surface which causes sparks to fly that could potentially light the veld on fire. Cigarette stumps thrown out the window can also cause the veld to be ignited. Therefore, clearing areas of vegetation around vulnerable sections of land can be very beneficial. Usually, it would be advised to first graze or mow down the herbage before burning it to reduce the fuel load and result in a lower-intensity controlled fire. Tips and advice on making firebreaks are given in the video found in the Section on Burning.

A controlled fire can also be ignited to help prevent a wildfire from spreading further. This should be done with extreme care and only under expert guidance.

Using a backfire to help stop the spread of a rapidly approaching wildfire

 

When a wildfire is rapidly approaching, igniting a proper backfire can be very successful in killing the wildfire. By looking at the Figure above, you can see that there is a large firebreak using a road and a natural creek from which the backfire starts. The backfire will burn against the wind in the direction of the wildfire thereby consuming the fuel load which will cause the wildfire to die down. This should only be done when a proper firebreak is present as a sufficient area must be cleared to kill the fire and not just add to its intensity. When done improperly and if an insufficient firebreak is present the backfire has the potential to jump the firebreak and spread even faster.

 

The Use of Fire to Induce Flowering or Restoration of Vegetation

Fire in the Fynbos biome helps the plants to flower

 

The flowers in the veld are plucked and sold commercially, particularly in the Fynbos biome and the veld plants are used variously for medicines, herbal teas, perfumes, thatching and hay-making. The optimum fire management for each of these uses varies. Many of the spring geophytes will not flower unless burned annually, while other proteaceous species require fire at less frequent intervals unless they are to be succeeded by taller communities. The effect of burning is to reduce veld hay yields during the year of burning. Similar reductions in yield have been obtained on planted pastures.

Pyrophytes are plants which have adapted to fire. “Passive pyrophytes” are unaffected by fire and will therefore have the competitive advantage to out-compete other plants after a fire. “Active pyrophytes” have a comparable competitive advantage to passive pyrophytes, but they additionally produce volatile oils, which increase the occurrence of beneficial fires. Eucalyptus trees produce inflammable oils which helps them resist fires and thereby prevents other species from invading.

Pyrophile or pyrophilic plants require fire to complete their reproductive life cycle. Seeds require the high temperatures from fire to bring them out of their state of dormancy.

Both Eucalyptus and Banksia produce serotinous cones or fruits that are entirely encased with resin. These cones or fruits can only open to release their seeds when the resin has been physically melted by the heat of a fire. Other plants, such as the Aloe ferox, have dense, dead leaves around their stems to protect them from the heat of a wildfire. Furthermore, some plants, such as cacti, contain moist tissues that provide heat insulation as well as protection against dehydration during a fire. This approach is used by many Protea species with corky tissues to shield their buds from desiccation.

The dry leaves surrounding the plant help to protect and insulate it in the case that a veld fire occurs

 

The fire lily, Cyrtanthus ventricosus, is a unique example of a plant which flowers in response to smoke released from fire. No other environmental factor induces flowering in this plant and it lies in the wake until the smoke induces flowering.

Fire lily in bloom after the smoke from a recent fire-induced flowering

 

The Use of Fire in the Introduction of Exotics

Although fire is often used to control undesirable invading species it is also a valuable tool in the introduction of improved exotics into the veld. Burning together with other manipulations of the cover and soil are used to aid in the establishment of overseeded pastures.

 

Firebreaks and the Law

(From Notes on the provisions of the Forest Act, 1968: Responsibilities of Landowners and Members of the Public concerning Preparing Firebreaks, the Prevention and Control of Wildfire. WR Bainbridge, Conservation Officer, Department of Forestry, P/Bag X9029, Pietermaritzburg, Natal)

The Forest Act of 1968, and the Forest Amendment Acts of 1971 and 1972 make provision for the protection of private property by cleaning firebreaks, and for the prevention and control of all land in the Republic. These provisions are outlined in an official publication (Potgieter HJ: The Forest Act 1968 as a means of preserving our Green Heritage. Dept of Forestry Pamphlet No 122, Govt Printer, Pretoria). The following is a summary of the principal provisions of the Act.

 

Summary of the principal provisions of the Forest Act.

Section of Forest Act	Pamphlet Page No	Provision
12	1	Prohibition on making fires in the open air. Empowers Minister (when considered necessary) to prohibit the making of fires in the open air in a specified area, outside a State or Private Forest – Penalty max R1 000 or 6 months or both
13(1)	2	Protection of private land from wildfire. The proper way for owners to protect their property from fires, from outside, is by preparing effective boundary firebreaks (on land not situated near a State Forest that has been protected by a proclamation under Section 12)
13(1)a	2	Clearing firebreaks. Provides that the owner or person in charge of any land may clear or cause to be cleared a firebreak on the common boundary between his and adjacent land and/or on both sides of any boundary
21(4)	2	Obligation to make firebreaks annually and prevent the spread of fires. An owner who fails to clear beforehand such belts as may be reasonably necessary for preventing any fire that may arise on one property from spreading to adjacent land shall be guilty of an offence. Penalty R1 000 or 6 months, or both
21(4)	2	Section 21(4) thus places an obligation on every landowner to clear fire belts to prevent as far possible fires from spreading from his property onto adjoining land
21(4) (As amended)	12	Any owner, occupier or person in charge of land who fails (a) to clear beforehand such firebreak as may be reasonably necessary for preventing any fire that may arise on such land from spreading to any adjacent land; or (b) while there is any fire on such land, to take such steps as in the circumstances are reasonably necessary to extinguish such fire or confine it to such land, or prevent such fire causing damage to any property on any adjacent land – shall be guilty of an offence.
21		Summary: This section compels an owner to clear firebreaks and to try to extinguish any fire that breaks out on the land, or to prevent such fire from spreading and causing damage to property on adjacent land Penalty: 21(4) – any person in charge (owner or occupier) of land who fails to prevent fire spreading and causing damage is liable to a fine of R1 000 or 6 months, or both
21(1)(c)	9 and 10	Arson – any person who in the open air, leaves unattended a fire which he without authority has lighted, or rekindled, or added fuel, before being extinguished, commits an offence. Penalty R1 000 or 2 years or both also if wilful whipping)
21(1)(c)	11	Prosecutions for arson. It was previously necessary to prove that the act of starting a fire was deliberate before a prosecution for arson could be brought successfully. The act has been amended so that anyone who starts a fire in the open air deliberately, or negligently starts a fire that spreads and causes damage, is guilty of an offence (arson). Even fires started inadvertently in dangerous conditions can be regarded as a negligent act
	–	Sabotage In severe cases, consideration must be given to the levying of charges under Sabotage rather than the Forest Act
23	10	Negligence presumed Any person who lights or causes to be lighted a fire in the open air on his property is obliged to prevent the fire from spreading or causing damage (as stated above). But in the case of veld fires, Secn 23 *amended) states “notwithstanding anything to the contrary in law, whenever in any proceedings under this Act or at common law the question of forest or veld fires arises, NEGLIGENCE SHALL BE PRESUMED UNLESS THE CONTRARY BE PROVED.”
13(1)(b)	3	Procedure for burning breaks. Anyone wishing to clear a break on a common boundary must give his neighbour (owner or person in charge) at least 14 days’ notice of intention, in the form of Schedule ‘A’ unless the break is on the owner’s side only and the belt is to be cleared by a manner other than burning
13(1)(c)	3	See the attached Proforma Schedule ‘A’ for use by the public. Obligation to assist after Schedule ‘A’ has been served. Any party to whom such notice is given is obliged under this Section to assist in clearing the fire belt
13(1)(c)	3	Time extension The party may claim an extension in time, in writing
13(1)(d)	3	Determination of the width of the break Width to be determined by agreement. The local magistrate will arbitrate if the parties are unable to agree among themselves
13(1)(f)(i)	4	Procedure when the party does not turn up This Section empowers the party that does turn up to proceed with clearing the break and recover from the defaulting party his share of costs.
13(1)(f)(i)	5	Exoneration of responsibility for loss or damage arising out of lawful exercise of 13(1)(f)(i). No one is responsible for loss or damage arising out of the lawful exercise of this Section
13(p)	5	Clearing breaks on own boundary by means other than burning If it is the intention to clear a break on the owner’s side only, by means other than burning, NO NOTICE REQUIRED. NOTICE IN FORM OF SCHEDULE ‘b’ IS REQUIRED IF BURNING TO BE USED
(t)13(5)	6	Summary The Act obliges a person who intends to clear a fire belt to Give his adjacent owner notice unless the belt is to be entirely on his side of the common boundary, and he does not intend to clear it through burning. Penalty for non-observance, R1 000 or 6 months or both
(t)13(5)	6	A proclamation by the Minister prohibiting the clearing of firebreaks by burning The Minister may prohibit the clearing of firebelts by burning them in dangerous weather. Normally in Natal, this is between 1 Aug and 31 Oct of each year. Penalty R1 000 or 6 months or both
(u)21(1)(c)(i) as amended	11	Fires started on roads It is an offence to make or cause to be made, a fire inside a road reserve except (a) in an equipped fireplace; (b) for the burning of a fire belt between the road reserve and adjoining property