12   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 12 Application of Act 3. (1) This Act applies to— (a) the identification and declaration of infrastructure as critical infrastructure; (b) the determination of critical infrastructure as critical infrastructure complex; and (c) the protection of critical infrastructure, and binds any person to whom a function has been assigned in terms of this Act. (2) This Act does not apply to infrastructure under the control of the Department of Defence. CHAPTER 2 5 10 CRITICAL INFRASTRUCTURE COUNCIL AND STRUCTURES Part A Critical Infrastructure Council Establishment and composition of Critical Infrastructure Council 4. (1) A Critical Infrastructure Council is hereby established. (2) The Minister appoints members of the Critical Infrastructure Council which must consist of the following persons: (a) The Secretary for the Police Service; (b) an official at the level of at least Chief Director or an equivalent level, designated by each of the heads of the following institutions— (i) Department of Defence; (ii) Department of Home Affairs; (iii) Department of Public Works; (iv) National Disaster Management Centre; (v) South African Local Government Association; (vi) South African Police Service; and (vii) State Security Agency; and (c) five members appointed in terms of subsection (8) from the private sector and civil society who are— (i) not disqualified in terms of section 5; and (ii) preferably appropriately qualified, knowledgeable and experienced in fields that include critical infrastructure protection, risk management, disaster management or basic public services which must include at least one person who is appropriately qualified in cybersecurity. (3) The members of the Council must, when viewed collectively, preferably be persons who are suited to serve in the Council by virtue of their qualifications, expertise and experience in fields that include infrastructure protection, engineering, disaster management or security policy. (4) In the event that— (a) the functions or functioning of infrastructure that forms the subject of an application for declaration as critical infrastructure may affect or be affected by the functional area of responsibility of a government department or an organ of state not referred to in subsection (2)(b), the Chairperson may request the Head of that Government department or the head of that organ of state to designate an appropriately qualified official to assist with such application; or (b) the Council is of the opinion that any other person could assist in general or with a specific application for declaration as critical infrastructure, the Council may request the Minister to appoint such person on an ad hoc basis to advise or assist the Council. (5) The Minister must appoint— (a) officials referred to in subsection (2)(b) after consultation with the Cabinet member responsible for the institution in question; This gazette is also available free online at www.gpwonline.co.za 15 20 25 30 35 40 45 50