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.
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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
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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
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