28   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 28 (c) does not divest the National Commissioner of the responsibility concerning the exercise of the delegated power. (7) The National Commissioner may confirm, vary or revoke any decision taken by a police official as a result of a delegation under this section, subject to any rights that may have become vested as a consequence of that decision. 5 Reporting by Minister 15. The Minister must, on a bi-annual basis, table a report in Parliament on the activities of the Critical Infrastructure Council, substantially corresponding with the format of the report in section 7(6). CHAPTER 3 10 DECLARATION AS CRITICAL INFRASTRUCTURE AND DETERMINATION OF CRITICAL INFRASTRUCTURE COMPLEX Requirements for declaration of infrastructure as critical infrastructure 16. (1) Infrastructure qualifies for declaration as critical infrastructure, if— (a) the functioning of such infrastructure is essential for the economy, national security, public safety and the continuous provision of basic public services; and (b) the loss, damage, disruption or immobilisation of such infrastructure may severely prejudice— (i) the functioning or stability of the Republic; (ii) the public interest with regard to safety and the maintenance of law and order; and (iii) national security. (2) In determining whether the qualifying requirements contemplated in subsection (1) are met, one or more of the following criteria must be applied: (a) the infrastructure must be of significant economic, public, social or strategic importance; (b) the Republic’s ability to function, deliver basic public services or maintain law and order may be affected if a service rendered by the infrastructure is interrupted, or if the infrastructure is destroyed, disrupted, degraded or caused to fail; (c) interruption of a service rendered by the infrastructure, or the destruction, disruption, degradation, or failure of such infrastructure will have a significant effect on the environment, the health or safety of the public or any segment of the public, or any other infrastructure that may negatively affect the functions and functioning of the infrastructure in question; (d) there are reasonable grounds to believe that the declaration as critical infrastructure will not have a significantly negative effect on the interests of the public; (e) the declaration as critical infrastructure is in pursuance of an obligation under any binding international law or international instrument; and (f) any other criteria which may, from time to time, be determined by the Minister by notice in the Gazette, after consultation with the Critical Infrastructure Council. This gazette is also available free online at www.gpwonline.co.za 15 20 25 30 35 40