CHAPTER 12
MOUNTAIN CATCHMENT AREAS

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).
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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 (1) Before a fire protection plan is established for an area, or a fire protection plan is amended or withdrawn, the MEC must –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
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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.

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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.