Mandating Procedures of Provinces Act, 2008
R 385
Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)Chapter 3 : Declaration as Critical Infrastructure and Determination of Critical Infrastructure Complex22. Amendment or variation of information or conditions by Minister |
| (1) | If there is a change in the circumstances of any critical infrastructure, the Minister may, on the recommendation of the Critical Infrastructure Council or upon a request in writing by the person in control of a critical infrastructure or the National Commissioner— |
| (a) | amend the risk categorisation determined in terms of section 20(1)(b); or |
| (b) | vary any or all of the information or conditions on a certificate of declaration as critical infrastructure referred to in section 21. |
| (2) | Before acting on the advice or the request contemplated in subsection (1) to amend or vary the risk categorisation, or any of the information or conditions, the Minister must give the person in control of the critical infrastructure— |
| (a) | written notice of his or her intention to amend or vary the risk categorisation, information or conditions on the certificate of declaration as critical infrastructure; and |
| (b) | no less than 30 days to submit written representations to the Minister as to why the Minister must not amend or vary the risk categorisation, information or conditions on the certificate of declaration. |
| (3) | The Minister must consider the written representations referred to in subsection (2)(b) and notify the person in control of the critical infrastructure in writing— |
| (a) | of any decision taken under this section; |
| (b) | the reasons for the decision; and |
| (c) | the date on which the decision takes effect. |
