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

Chapter 2 : Critical Infrastructure Council and Structures

Part A : Critical Infrastructure Council

7. Functions of Critical Infrastructure Council

 

(1) The functions of the Critical Infrastructure Council are to—
(a) subject to subsection (2), consider any application for declaration of infrastructure as critical infrastructure referred to in Chapter 3 and make recommendations on such application to the Minister;
(b) subject to subsection (3), approve guidelines regarding—
(i) the assessment of an application contemplated in section 17;
(ii) the implementation of the prescribed system for categorisation of critical infrastructure in a low-risk, medium-risk or high-risk category referred to in sections 19(1)(b) and 20(1)(b);
(iii) policies, protocols and standards regarding any matter necessary to achieve the purpose of this Act; and
(iv) the promotion of public-private sector cooperation in the protection of critical infrastructure; and
(c) perform any other functions which may be assigned to the Council by the Minister.

 

(2) When making a recommendation to the Minister on an application referred to in subsection (1)(a), the Council must consider the following before making such a recommendation—
(a) The requirements referred to in section 16(1);
(b) any criteria contemplated in section 16(2);
(c) any report or submission that must accompany such application;
(d) an appropriate risk categorisation of the infrastructure in question in accordance with the prescribed system of categorisation referred to in sections 19(1)(b) and 20(1)(b); and
(e) any conditions for such declaration as contemplated in section 21(1)(c).

 

(3) When approving guidelines referred to in subsection (1)(b), the Council must consider the following:
(a) any submission by the National Commissioner as contemplated in section 9(2) ;
(b) any relevant submission by any other person having an interest in the protection of critical infrastructure;
(c) any budgetary implications related to critical infrastructure protection;
(d) any other matter that may promote the purpose of this Act or affect the implementation thereof.

 

(4) The guidelines referred to in subsection (1)(b) must include guidelines regarding—
(a) the identification and management of risks relating to critical infrastructure;
(b) the establishment and maintenance of a legitimate, effective and transparent process for identifying and declaring infrastructure as critical infrastructure; and
(c) the procedures to coordinate the functions and activities of Government departments and the private sector insofar as those functions and activities are performed to achieve the purpose of this Act.

 

(5) In addition to any function contemplated in this section, the Council may—
(a) advise the Minister on the evaluation, monitoring and reviewing of the implementation of policy, protocols, standards and legislation related to the protection of critical infrastructure; and
(b) make recommendations to the Minister on any function of the Minister contemplated in section 22 or section 23.

 

(6) The Council must, on a bi-annual basis, submit a report to the Minister regarding—
(a) the activities of the Council during the period preceding the report;
(b) particulars pertaining to the number of declarations as critical infrastructure, including the names of the critical infrastructure;
(c) particulars pertaining to any decision by the Council to depart from publication of the notice contemplated in section 17(7)(b);
(d) particulars pertaining to any limitations or revocation as critical infrastructure;
(e) the level and extent of public-private sector cooperation; and
(f) any other matter that may impact on the protection of critical infrastructure or the functioning of the Council.