30   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 30 Application for declaration as critical infrastructure and critical infrastructure complex by person in control of infrastructure 17. (1) A person in control of infrastructure may, in the prescribed manner and format, lodge with the National Commissioner an application to have such infrastructure declared as critical infrastructure in terms of this Chapter. (2) An application for declaration of infrastructure as critical infrastructure must contain the following information— (a) the sector in which the primary functions of such an infrastructure take place; (b) the resources available to the person in control of the infrastructure to— (i) safeguard such an infrastructure against destruction, disruption, failure or degradation; (ii) repair or replace such infrastructure, including its equipment, materials or service; or (iii) ensure that the infrastructure recovers from any destruction, disruption, failure or degradation; (c) the effects or the risk of a destruction, disruption, failure or degradation of such an infrastructure on— (i) the environment; (ii) the health or safety of the public or any segment of the public; (iii) the Republic’s ability to function, deliver basic public services or maintain law and order; and (iv) any other infrastructure that may negatively affect the functions and functioning of the infrastructure in question; (d) the size and location of any population at risk; (e) historic incidents of— (i) threats against the infrastructure; and (ii) destruction, failure or degradation of such infrastructure; (f) the level of risk or threats to which such an infrastructure is exposed or potentially exposed; (g) special characteristics or attributes of such an infrastructure to deal with any threat contemplated in paragraph (f); (h) the extent to which the declaration as critical infrastructure will promote the interests of the public; and (i) any other information which may, from time to time, be determined by the Minister by notice in the Gazette, after consultation with the Critical Infrastructure Council. (3) In the event that a government department or an organ of state has functional control over the sector in which the activities of the infrastructure falls, the application must further contain— (a) a submission by the head of the government department or head of an organ of state who has functional control over the sector in which the activities of the infrastructure falls to support the application; and (b) particulars of any— (i) person other than the applicant who has a right or interest in the infrastructure in question; (ii) agreement with a person contemplated in subparagraph (i) regarding the application for declaration as critical infrastructure; (iii) person other than the applicant who will be responsible for the costs of securing the infrastructure in question; (iv) agreement with a person contemplated in subparagraph (iii) regarding the costs of securing the infrastructure in question; and (c) any other relevant information which is, in the opinion of the applicant, necessary for the proper consideration of the application. (4) Subject to subsection (5), the National Commissioner must— (a) upon receipt of an application, publish a notice of the application in the Gazette— (i) stating the name of the applicant and the address of the premises in respect of which the application is made; and (ii) inviting interested persons to submit written comments in relation to the application; This gazette is also available free online at www.gpwonline.co.za 5 10 15 20 25 30 35 40 45 50 55 60