Local Government, Environmental Affairs and Development Planning
- Whether landowners and/or tenants are under any obligation to clear their land outside urban areas of invasive vegetation that may contribute to the risk of wildfires; if so, what provincial or national legislation would pertain to this issue;
- (a) which government entity is currently responsible for ensuring that fire-control measures, for areas outside the urban edge, are in place and (b) to what extent would it be legally possible (i) for a municipality to include areas outside the urban edge under the ordinance or ordinances that currently allow the municipality to clear erven in urban areas of vegetation that may pose as a fire- or vermin-related threat to neighbouring landowners and (ii) to recover the cost of such clearing from the owner or owners of the land?
(1) Yes, landowners are under obligation to clear their land. Two pieces of national legislation manage either fires or invasive alien species (IAS) – although each Act compliments the other since IAS contribute to both the risk and severity of wildfires and their impact on resources and infrastructure.
- The National Veld and Forest Fire Act 101 of 1998 stipulates that landowners who belong to and adhere to the regulations and provisions of local Fire Protection Associations must take reasonable measures to ensure that fires/wildfires do not start on their property and/or are prevented from spreading to adjacent properties.
- The National Environmental Management: Biodiversity Act, Act 10 of 2004 (NEM:BA) read together with the Alien and Invasive species Regulations (first published 2014, last updated 25 September 2020) defines a national list of IAS considered to be invasive. This list is sub-divided into Categories (1a, 1b, 2 and 3) which each are subjected to different management imperatives and priorities.
(2)(a) The National Department of the Environment, Forestry and Fisheries is responsible for the administration of The National Veld and Forest Act, Act 101 of 1998. (b)(i) It is technically possible for a Municipality to promulgate by-laws that provides for the removal of vegetation that pose a fire risk. (ii) It is possible, provided that the by-laws allow accordingly, to recover any costs that may emanate from the clearing of such land from the owner.
