32   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 32 (b) within 30 days of receipt of an application conduct a physical security assessment of the infrastructure in order to— (i) verify the information in the application; (ii) assess the risk category in which such infrastructure or parts thereof may be categorised; (iii) confirm whether the physical security measures proposed by the person in control of the infrastructure comply with the prescribed measures and standards for the protection of the infrastructure; (iv) provide the person in control of that infrastructure with an opportunity to make written submissions regarding the physical security assessment which is conducted in terms of this subsection; and (c) within 60 days after the physical security assessment has been conducted or the submissions contemplated in paragraph (b)(iv) are received, whichever occurs last, submit to the Council for consideration— (i) the written physical security assessment report together with the application; (ii) any comments contemplated in paragraph (a)(ii); and (iii) any written submissions in terms of paragraph (b)(iv). (5) In the event that the applicant shows good cause why the procedure in subsection (4)(a) should not be followed, the National Commissioner must refer the request to the Council who may dispense with the publication as referred to in subsection (4)(a) after considering the factors in subsection (6). (6) For purposes of subsections (4) and (5), the applicant must show that a departure from the procedure in subsection (4)(a) is reasonable and justifiable in the circumstances, taking into account all relevant factors, including— (a) the objects of declaration as critical infrastructure; (b) the nature, purpose and likely effect of the declaration as critical infrastructure; (c) the nature and the extent of the departure from subsection (4)(a); (d) the relation between the departure and its purpose; (e) the importance of the purpose of the departure; and (f) the need to promote an efficient administration and good governance. (7) In the event that the Council decides that the process contemplated in subsection (4)(a)— (a) must be followed, the Council must direct the National Commissioner to publish the notice contemplated in subsection (4)(a) with directions on the information that must be contained in the notice, whereafter the National Commissioner will deal with the application; or (b) may be departed from, the Council must direct the National Commissioner to depart from the provisions of subsection (4)(a) and proceed to deal with the application. (8) The National Commissioner may request the Head of a Government department which is a security service established under section 199 of the Constitution, to designate a suitably experienced member of that security service to assist with the physical security assessment contemplated in subsection (4)(b), when required. (9) If the infrastructure relevant to the application consists of multiple structures, services or facilities, the person in control of those infrastructures must apply for declaration in respect of all such infrastructure as critical infrastructure. (10) Where the National Commissioner is unable to comply with any of the timeframes contemplated in subsection (4), the National Commissioner must, in writing, apply to the Council in the prescribed form and manner for an extension not exceeding 30 days or such other period as the Council may determine. (11) Where an extension of time is granted as contemplated in subsection (10), the Council must inform the applicant referred to in subsection (1) in writing of such extension. This gazette is also available free online at www.gpwonline.co.za 5 10 15 20 25 30 35 40 45 50 55