38 No. 42866
GOVERNMENT GAZETTE, 28 NOVEMBER 2019
Act No. 8 of 2019
Critical Infrastructure Protection Act, 2019
38
(d) whether information regarding security measures will be restricted.
(2) The Minister must issue a certificate for each of the premises on which any such
critical infrastructure, forming part of a complex, is located.
(3) The certificate must be issued in the designation of the person in control of that
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critical infrastructure.
(4) Declaration as critical infrastructure does not exempt a person in control of critical
infrastructure from having to comply with the provisions of any other law applicable to
the critical infrastructure in question.
(5) The National Commissioner must enter the particulars of any declaration as
critical infrastructure or the termination of such declaration, into the prescribed register, 10
which must be accessible to the public in the prescribed manner or form.
(6) The Minister must, by notice in the Gazette, publish such particulars as may be
prescribed regarding infrastructure which has been declared as critical infrastructure and
when such declaration is terminated.
Amendment or variation of information or conditions by Minister
22. (1) If there is a change in the circumstances of any critical infrastructure, the
Minister may, on the recommendation of the Critical Infrastructure Council or upon a
request in writing by the person in control of a critical infrastructure or the National
Commissioner—
(a) amend the risk categorisation determined in terms of section 20(1)(b); or
(b) vary any or all of the information or conditions on a certificate of declaration
as critical infrastructure referred to in section 21.
(2) Before acting on the advice or the request contemplated in subsection (1) to amend
or vary the risk categorisation, or any of the information or conditions, the Minister must
give the person in control of the critical infrastructure—
(a) written notice of his or her intention to amend or vary the risk categorisation,
information or conditions on the certificate of declaration as critical
infrastructure; and
(b) no less than 30 days to submit written representations to the Minister as to
why the Minister must not amend or vary the risk categorisation, information
or conditions on the certificate of declaration.
(3) The Minister must consider the written representations referred to in subsection
(2)(b) and notify the person in control of the critical infrastructure in writing—
(a) of any decision taken under this section;
(b) the reasons for the decision; and
(c) the date on which the decision takes effect.
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Termination and revocation of declaration
23. (1) A declaration as critical infrastructure in terms of this Chapter terminates—
(a) where the person in control of a critical infrastructure ceases the activities
which formed the basis upon which the Minister declared the infrastructure as 40
a critical infrastructure; or
(b) upon revocation in terms of subsection (4).
(2) The person in control of a critical infrastructure must notify the National
Commissioner in writing within 30 days if—
(a) there is any change with regard to any information that was submitted in 45
respect of the application for declaration as a critical infrastructure;
(b) there is a change in the control or ownership of the critical infrastructure; or
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