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

Chapter 2 : Critical Infrastructure Council and Structures

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(1)	The National Commissioner must—

(a)	establish and maintain the administrative systems and procedures necessary for the implementation and enforcement of this Act;

(b)	support the Critical Infrastructure Council and the Minister in the administration of this Act; and

(c)	effect cooperation between the South African Police Service, other organs of state and the private sector insofar as it relates to the protection of critical infrastructure.

(2)	The functions of the National Commissioner are to develop uniform standards, guidelines and protocols for approval by the Council regarding—

(a)	the manner in which—

(i)	infrastructure must be identified, categorised and declared critical infrastructure;

(ii)	any physical security assessment of critical infrastructure and potential critical infrastructure is conducted and coordinated between Government departments;

(iii)

information which may be relevant to critical infrastructure protection is shared between the relevant stakeholders; or

(iv)	any prescribed committee or forum must function and report; and

(b)	structures and mechanisms to facilitate coordination in, and management of, the protection of critical infrastructure.

(3)	The National Commissioner must—

(a)	consider an application from a person in control of an infrastructure for declaring that infrastructure as critical infrastructure;

(b)	conduct or facilitate any physical security assessment of critical infrastructure or potential critical infrastructure;

(c)	make recommendations to the Council on the declaration and risk categorisation of such critical infrastructure or potential critical infrastructure;

(d)	evaluate, monitor and review the application and operational effectiveness of policy, guidelines or legislation related to the protection of critical infrastructure, and advise the Council accordingly;

(e)	evaluate and review physical security assessments, resilience reports and any designation as critical infrastructure, and advise the Council accordingly;

(f)	consider any draft of a prescribed security policy or plan submitted to his or her office;

(g)	issue directives regarding the procedures to be followed at the meetings of any prescribed committee or forum; and

(h)	compile and submit quarterly reports to the Council, which must at least include—

(i)	particulars of the related activities of the South African Police Service during the preceding quarter;

(ii)	particulars of the number of applications for declaration of infrastructure as critical infrastructure;

(iii)

particulars of the level and extent of Government department participation in the functioning of a committee or forum; and

(iv)	the level and extent of public-private sector cooperation in the functioning of a committee or forum.

(4)	The National Commissioner may, in the prescribed manner, apply for the declaration of government infrastructure as critical infrastructure.