34   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 34 Application for declaration as critical infrastructure and critical infrastructure complex by National Commissioner 18. (1) Where the National Commissioner identifies for possible declaration as critical infrastructure— (a) any infrastructure under the control of or occupied by a local or provincial government department, he or she must advise the relevant municipal manager or the relevant head of the department in the province to lodge an application in terms of section 17; and (b) government infrastructure, he or she must lodge an application in accordance with subsection (2). (2) Where the National Commissioner makes an application for the declaration of government infrastructure as critical infrastructure, the application must, subject to subsection (3), be made in the prescribed form and manner and submitted to the Critical Infrastructure Council for consideration. (3) Before the National Commissioner makes an application referred to in subsection (1)(b), the National Commissioner must— (a) notify the relevant head of a Government department who is the person in control of the infrastructure, in the prescribed form and manner, of the intention of the National Commissioner; (b) afford the person referred to in paragraph (a) an opportunity to submit written representations within 60 days on any aspect relating to the intended application; (c) consider the representations referred to in paragraph (b); and (d) within seven days of taking a decision on whether or not to proceed with the application, notify the person referred to in paragraph (a) in writing of such decision and his or her reasons. (4) In the event that the National Commissioner decides to proceed with the application, he or she must ensure that the written representations referred to in subsection (3)(b) as well as his or her written reasons referred to in subsection (3)(d) forms part of the application that is submitted to the Council. 5 10 15 20 25 30 Consideration of application for declaration as critical infrastructure by Critical Infrastructure Council 19. (1) Upon receiving an application for declaration of infrastructure as critical infrastructure, the Critical Infrastructure Council must— (a) apply the criteria referred to in section 16(2) in order to determine whether such an application demonstrates that the infrastructure in question qualifies under section 16(1) for declaration as critical infrastructure; (b) consider the potential risk category of such an infrastructure, taking into account— (i) the prescribed system of categorising infrastructure in a low-risk, medium-risk or high-risk category; (ii) the probability of failure, disruption or destruction of the infrastructure in question or threat thereof; and (iii) the impact and consequence of failure, disruption or destruction of infrastructure or threat thereof; (c) consider the extent to which the declaration as critical infrastructure will promote the interests of the public; (d) consider any prescribed guidelines for the identification and declaration of infrastructure as critical infrastructure; and (e) take into account any other criteria contemplated in section 16(2)(f). (2) The Critical Infrastructure Council must, after performing the functions in subsection (1), make recommendations to the Minister on— (a) whether or not the infrastructure in question qualifies to be declared as critical infrastructure; and (b) an appropriate risk categorisation for the infrastructure. (3) Before the Council makes a recommendation to the Minister to declare or not to declare the infrastructure as critical infrastructure, the Council must— (a) notify the person in control of that critical infrastructure of such intended recommendation and the reasons for such recommendation; and This gazette is also available free online at www.gpwonline.co.za 35 40 45 50 55