36   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 36 (b) afford the person in control of that infrastructure a period of no less than 30 days to make representations. (4) The Council must consider any representations received in terms of subsection (3) before making a recommendation to the Minister on whether or not to declare the 5 infrastructure as critical infrastructure. (5) Subject to subsection (3), the Council must within seven days of its last meeting submit the application and its recommendations to the Minister for a decision within 30 days of receipt thereof. (6) Where the Council is unable to comply with the timeframes as contemplated in subsection (5), the Council must, in writing, request the Minister for an extension not 10 exceeding 30 days or such other period as the Minister may determine. (7) Where an extension of time is granted as contemplated in subsection (6), the Council must inform the applicant referred to in section 17(1) in writing of such extension. Powers of Minister to declare infrastructure as critical infrastructure 20. (1) Subject to subsection (2), the Minister may, on recommendation of the Critical Infrastructure Council— (a) declare infrastructure as critical infrastructure after considering— (i) whether the application complies with the requirements contemplated in section 16(1); (ii) the recommendation of the Critical Infrastructure Council; and (iii) any other information which the Minister deems reasonable and appropriate; (b) categorise critical infrastructure or certain parts of such critical infrastructure that is declared in terms of paragraph (a) in either a low-risk, medium-risk or high-risk category, as may be prescribed; (c) where it is necessary to achieve the objects of this Act, determine that critical infrastructure is part of a critical infrastructure complex; and (d) impose such conditions as may be prescribed regarding any steps and measures the person in control of the critical infrastructure must implement to safeguard the critical infrastructure in question. (2) The Minister must notify the Council, the National Commissioner and the person in control of that critical infrastructure of— (a) the declaration of the infrastructure as a critical infrastructure; (b) the risk category of such declaration; (c) the conditions contemplated in subsection (1)(d); (d) any implications of the Income Tax Act, 1962 (Act No. 58 of 1962); and (e) the period within which the person in control of that critical infrastructure must take the steps contemplated in section 24(1). (3) When infrastructure has been declared as critical infrastructure, the Minister may, in consultation with the person in control of the infrastructure, taking into account the probability of compromising the security of the critical infrastructure in question, determine that the publication of information regarding some security measures which must be implemented at such critical infrastructure, be restricted. Certificate of declaration as critical infrastructure 15 20 25 30 35 40 45 21. (1) Where an infrastructure is declared a critical infrastructure, the Minister must issue a certificate of declaration, in the prescribed form and manner, to the person in control of that critical infrastructure, setting out— (a) the risk categorisation as determined by the Minister; (b) the premises or complex where the critical infrastructure is located; 50 (c) the conditions which the Minister may deem necessary to impose for purposes of securing the critical infrastructure; and This gazette is also available free online at www.gpwonline.co.za