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

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

18. Application for declaration as critical infrastructure and critical infrastructure complex by National Commissioner


(1) Where the National Commissioner identifies for possible declaration as critical infrastructure
(a) any infrastructure under the control of or occupied by a local or provincial government department, he or she must advise the relevant municipal manager or the relevant head of the department in the province to lodge an application in terms of section 17; and
(b) government infrastructure, he or she must lodge an application in accordance with subsection (2).


(2) Where the National Commissioner makes an application for the declaration of government infrastructure as critical infrastructure, the application must, subject to subsection (3), be made in the prescribed form and manner and submitted to the Critical Infrastructure Council for consideration.


(3) Before the National Commissioner makes an application referred to in subsection (1)(b), the National Commissioner must—
(a) notify the relevant head of a Government department who is the person in control of the infrastructure, in the prescribed form and manner, of the intention of the National Commissioner;
(b) afford the person referred to in paragraph (a) an opportunity to submit written representations within 60 days on any aspect relating to the intended application;
(c) consider the representations referred to in paragraph (b); and
(d) within seven days of taking a decision on whether or not to proceed with the application, notify the person referred to in paragraph (a) in writing of such decision and his or her reasons.


(4) In the event that the National Commissioner decides to proceed with the application, he or she must ensure that the written representations referred to in subsection (3)(b) as well as his or her written reasons referred to in subsection (3)(d) forms part of the application that is submitted to the Council.