Acts Online
GT Shield

Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)

Chapter 3 : Declaration as Critical Infrastructure and Determination of Critical Infrastructure Complex

20. Powers of Minister to declare infrastructure as critical infrastructure

 

(1) Subject to subsection (2), the Minister may, on recommendation of the Critical Infrastructure Council—
(a) declare infrastructure as critical infrastructure after considering—
(i) whether the application complies with the requirements contemplated in section 16(1);
(ii) the recommendation of the Critical Infrastructure Council; and
(iii) any other information which the Minister deems reasonable and appropriate;
(b) categorise critical infrastructure or certain parts of such critical infrastructure that is declared in terms of paragraph (a) in either a low-risk, medium-risk or high-risk category, as may be prescribed;
(c) where it is necessary to achieve the objects of this Act, determine that critical infrastructure is part of a critical infrastructure complex; and
(d) impose such conditions as may be prescribed regarding any steps and measures the person in control of the critical infrastructure must implement to safeguard the critical infrastructure in question.

 

(2) The Minister must notify the Council, the National Commissioner and the person in control of that critical infrastructure of—
(a) the declaration of the infrastructure as a critical infrastructure;
(b) the risk category of such declaration;
(c) the conditions contemplated in subsection (1)(d);
(d) any implications of the Income Tax Act, 1962 (Act No. 58 of 1962); and
(e) the period within which the person in control of that critical infrastructure must take the steps contemplated in section 24(1).

 

(3) When infrastructure has been declared as critical infrastructure, the Minister may, in consultation with the person in control of the infrastructure, taking into account the probability of compromising the security of the critical infrastructure in question, determine that the publication of information regarding some security measures which must be implemented at such critical infrastructure, be restricted.