Declaration 80. The MEC may by notice in the Provincial Gazette – (a) declare an area specified in the notice a mountain catchment area; or (b) amend or withdraw a notice issued in terms of paragraph (a).
Beacons 81. (1) In order to physically identify an area declared or to be declared a mountain catchment area, the MEC may direct that beacons are erected at places designated by the MEC along the border of the area.
(2) A certificate purporting to be signed by an Environmental Compliance Officer and stating that a beacon which has been erected in terms of subsection (1), complies with regulations made in terms of section 88 and has been erected at a place designated by the MEC,may on its mere production in any civil or criminal proceedings be taken into account as evidence that the beacon complies with the regulations and has been erected at the designated place.
Fire protection plans 82. The MEC may by notice in the Provincial Gazette – (a) establish a fire protection plan for a mountain catchment area or any part of such area; or (b) amend or withdraw a notice issued in terms of paragraph (a). 78
Contents of fire protection plans 83. A fire protection plan must – (a) specify the area to which it applies; (b) state the scope, objectives and commencement of the plan; (c) establish a fire protection committee for the area to implement the fire protection plan; (d) determine the functions, powers and duties of the fire protection committee; and (e) contain provisions aimed at controlling veld and forest fires in the area, including– (i) the regulation or prohibition of veld burning; and (ii) the prevention and extinguishing of veld and forest fires. Notice to be given of all fire protection plans 84. (1) Before a fire protection plan is established for an area, or a fire protection plan is amended or withdrawn, the MEC must –
(a) give notice in the Provincial Gazette, in at least one newspaper circulated in the area and by means of radio broadcasts covering the area, of the intention to establish, amend or withdraw a fire protection plan; and (b) send a copy of the notice by registered post to the last known postal address of every owner whose land will directly be affected by the establishment, amendment or withdrawal.
(2) The notice must – (a) invite members of the public to submit to the MEC written representations on or objections to the proposed establishment, amendment or withdrawal of the fire protection plan within 30 days from the date of publication of the notice; and (b) contain sufficient information to enable members of the public to submit 79 meaningful representations or objections, and must include a clear indication of the area that will be affected. (3) The MEC must give due consideration to all representations or objections received.
Legal status of fire protection plans 85. A fire protection plan binds all owners of land within the area in which the plan applies.
Rendering of financial aid 86. The MEC may, with the concurrence of the Member of the Executive Council responsible for finance in the Province, from moneys appropriated by the Provincial Legislature, render financial aid by way of grants or otherwise – (a) to any fire protection committee; or (b) to the owner of land in respect of expenses incurred by the owner in compliance with any provision of a fire protection plan.
Powers of MEC 87. The MEC may – (a) implement any provision of a fire protection plan; (b) perform a prescribed act within a mountain catchment area in connection with the conservation, use and management of land within the area, which may include steps aimed at the– (i) prevention of soil erosion; (ii) protection and treatment of the natural vegetation; or (iii) destruction of intruding vegetation; or (c) perform a prescribed act outside a mountain catchment area but within a distance of five kilometres from the boundary of the area, aimed at the destruction of intruding vegetation.
Regulations 88. The MEC may in terms of section 122 make regulations for the purposes of this Chapter relating to –
(a) the form and dimensions of beacons referred to in section 81(1) and the manner of their construction, erection, marking for identification,maintenance and repair;
(b) the conditions subject to which and the rates at which financial aid by way of grants or otherwise may be rendered; (c) the conservation, use and management of land within a mountain catchment area, which may include provisions aimed at – (i) the prevention of soil erosion; (ii) the protection and treatment of the natural vegetation; or (iii) the destruction of intruding vegetation; (d) the destruction of intruding vegetation outside a mountain catchment area but within a distance of five kilometres from the boundary of the area; or (e) any other matter that may be necessary to facilitate the effective implementation of this Chapter.