Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019) Chapter 1 : Definitions, Purpose and Application of Act 1. Definitions

 

In this Act, unless the context indicates otherwise—

 

‘‘basic public service’’

includes a service, whether provided by the public or private sector, relating to communication, energy, health, sanitation, transport and water, the interference with which may prejudice the livelihood, well-being, daily operations or economic activity of the public;

 

‘‘critical infrastructure’’

means any infrastructure which is declared as such in terms of section 20(1) and includes a critical infrastructure complex where required by the context;

 

‘‘critical infrastructure complex’’

means more than one critical infrastructure grouped together for practical or administrative reasons, which is determined as such in terms of section 20(1)(c);

 

‘‘Critical Infrastructure Council’’

means the Critical Infrastructure Council established in terms of section 4, and ‘‘Council’’ has a corresponding meaning;

 

‘‘disaster management centre’’

includes the ‘National Centre’, ‘provincial disaster management centre’ and ‘municipal disaster management centre’ as defined in section 1 of the Disaster Management Act, 2002 (Act No. 57 of 2002);

 

‘‘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—

 

‘‘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—

 

‘‘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—

 

‘‘security manager’’

means the person appointed in terms of section 24(7);

 

‘‘security measures’’

subject to section 26(2), means any physical security measure to preserve the availability, integrity or confidentiality of a critical infrastructure, and includes, but is not limited to, physical security measures to protect—

 

‘‘security personnel’’

means any person registered as a security officer in terms of section 21 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);

 

‘‘security service provider’’

means a security service provider as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);

 

‘‘this Act’’

includes the regulations; and

 

‘‘threat’’

includes any action or omission of a criminal, terrorist or accidental nature which may potentially cause damage, harm or loss to critical infrastructure or interfere with the ability or availability of critical infrastructure to deliver basic public services, and may involve any natural hazard which is likely to increase the vulnerability of critical infrastructure to such action or omission.