Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)Chapter 3 : Declaration as Critical Infrastructure and Determination of Critical Infrastructure Complex23. Termination and revocation of declaration |
| (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 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 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 |
| (c) | there is any change that impacts on the ability of the critical infrastructure or the person in control of a critical infrastructure to comply with all or any of the obligations under this Act. |
| (3) | The National Commissioner may, after having considered any notification contemplated in subsection (2), recommend to the Minister to revoke the declaration as critical infrastructure if— |
| (a) | there is any change contemplated in subsection (2); |
| (b) | the infrastructure in question was declared as critical infrastructure on the basis of incorrect or false information; or |
| (c) | the person in control of the critical infrastructure fails to comply with any— |
| (i) | condition of declaration; or |
| (ii) | of the provisions of this Act. |
| (4) | The Minister may, after having considered the recommendation of the National Commissioner, revoke the declaration as critical infrastructure based on any factor referred to in subsection (3). |
| (5) | Before revoking the declaration as critical infrastructure in terms of subsection (4), the Minister must— |
| (a) | give the person in control of that critical infrastructure written notice of the intention to revoke; |
| (b) | give the person in control of that critical infrastructure an opportunity to submit written representations within a period of 30 days as to why the declaration as critical infrastructure must not be revoked; and |
| (c) | duly consider any such representations and the facts pertaining to the matter. |
| (6) |
| (a) | The Minister must notify the person in control of that critical infrastructure, in writing, of any decision taken under this section and, if the declaration is revoked, state the reasons for the revocation and the date on which the revocation takes effect, in such notice. |
| (b) | A notification contemplated in paragraph (a) must be served on the person in control of the critical infrastructure by a police official, in the prescribed manner. |
| (7) | In the event where a declaration as a critical infrastructure is revoked as contemplated in subsection (4), the person in control of that critical infrastructure must— |
| (a) | hand all certificates relating to such declaration to the police official serving the notice contemplated in subsection (6) immediately upon such service; or |
| (b) | return all certificates to the Minister in the event of a termination contemplated in subsection (1)(a), within seven days after termination. |
| (8) | The police official referred to in subsection (6)(b) must deliver the certificates contemplated in subsection (7)(a) to the Minister. |