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Enforcement

Enforcement. Chapter 8 Sections 26 - 29. Who can enforce the Act?. A r egistered FPO (s26(1)) . A Forest O fficer appointed in terms of the National Forests Act (s26(2)(a)) . A p olice officer (s26(2)(a)) .

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Enforcement

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  1. Enforcement Chapter 8 Sections 26 - 29

  2. Who can enforce the Act? • A registered FPO (s26(1)). • A Forest Officer appointed in terms of the National Forests Act (s26(2)(a)). • A police officer (s26(2)(a)). • A Chief Fire Officer appointed in terms of s5 of the Fire Brigade Services Act (s26(2)(a)). • A member of the Fire Brigade Service appointed in terms of s6 of the Fire Brigade Services Act (s26(2)(a)).

  3. Powers of enforcement • Whenever the Act talks about a Fire Protection Officer in Chapter 8 only, it means all of the persons mentioned above. • The powers of enforcement are: • entry and search • seizure • arrest.

  4. Power to enter and search • An FPO can enter and search any land or premises without a warrant if s/he believes that an offence: • has been committed there • is being committed there. • An FPO can, without a warrant stop, enter and search any vehicle or search any pack animal s/he suspects: • has been used in the commission of an offence • is being used in the commission of an offence. • A warrant is an authorisation given by a court.

  5. Power to seize • If an FPO believes an offence has been or is being committed, s/he may seize, without a warrant: • any vehicle, tool, weapon, animal or thing • anything else which may be used as evidence. • Any item seized must be kept in good order and returned in the condition in which it was seized.

  6. Power to arrest • An FPO can arrest anyone who s/he reasonably suspects has committed: • a first or second category offence • a third category offence if s/he believes that person will fail to appear in court in answer of a summons. • An FPO must not use more force than is reasonably necessary when making an arrest. • An FPO must respect a person’s constitutional rights when making an arrest (inform them of their rights).

  7. Forensics and the collection of evidence • Securing evidence is important to prosecute successfully. • Therefore you need to protect the area where the fire started to protect evidence. • The police have little or no capacity to investigate fires: FPAs should discuss who could investigate instead.

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