8   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 8 ‘‘government infrastructure’’ for the purposes of section 9(4) and section 18 means infrastructure controlled, owned, occupied or possessed by a government department in the national sphere and in respect of whose operation or administration that department is responsible; ‘‘Head of a Government department’’ means— (a) the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 to the Public Service Act, 1994 (Proclamation No. 103 of 1994), and includes any person acting in such post; or (b) a municipal manager appointed in terms of section 54A of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), and includes any person acting in such post; ‘‘infrastructure’’ means any building, centre, establishment, facility, installation, pipeline, premises or systems needed for the functioning of society, the Government or enterprises of the Republic, and includes any transport network or network for the delivery of electricity or water; ‘‘Minister’’ means the Cabinet member responsible for policing; ‘‘National Commissioner’’ means the National Commissioner of the South African Police Service, appointed in accordance with section 207(1) of the Constitution; ‘‘national security’’ has the meaning ascribed to it in section 198 of the Constitution; ‘‘organ of state’’ means an ‘organ of state’ as defined in section 239 of the Constitution; ‘‘person in control of a critical infrastructure’’ means— (a) the owner of a critical infrastructure; (b) the person who, by virtue of— (i) any right acquired from a person referred to in paragraph (a); (ii) any other right acquired from any other person, whether by way of a public-private partnership or similar agreement; or (iii) operation of law, occupies, possesses, is in control of, or is responsible for the operation or administration of such a critical infrastructure; or (c) the Head of a Government department or the head of any other organ of state who occupies, possesses, is in control of, or is responsible for the operation or administration of a critical infrastructure, and includes any employee acting in such post, and ‘person in control of an infrastructure’ shall be construed accordingly; ‘‘police official’’ means a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995); ‘‘prescribe’’ means prescribed by regulation; ‘‘PSIRA’’ means the Private Security Industry Regulatory Authority established in terms of section 2(1) of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001); ‘‘regulatory measures’’ means any security measure that must be implemented as provided for in this Act; ‘‘resilience’’ means the ability of infrastructure to mitigate, absorb or withstand any damage, disruption, disturbance or interference in order to maintain the functionality, integrity and structural capacity of that infrastructure; ‘‘risk category’’ means a risk category as contemplated in sections 19(1)(b) and 20(1)(b); ‘‘Secretary for the Police Service’’ means the Secretary for the Police Service appointed in terms of section 7(1) of the Civilian Secretariat for the Police Service Act, 2011 (Act No. 2 of 2011); ‘‘security’’ includes, but is not limited to— (a) physical security of critical infrastructure; (b) personnel security at critical infrastructure; (c) contingency plans applicable to critical infrastructure; and (d) measures aimed at protecting critical infrastructure; This gazette is also available free online at www.gpwonline.co.za 5 10 15 20 25 30 35 40 45 50 55