Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)Chapter 2 : Critical Infrastructure Council and StructuresPart A : Critical Infrastructure Council7. Functions of Critical Infrastructure Council |
| (1) | The functions of the Critical Infrastructure Council are to— |
| (a) | subject to subsection (2), consider any application for declaration of infrastructure as critical infrastructure referred to in Chapter 3 and make recommendations on such application to the Minister; |
| (b) | subject to subsection (3), approve guidelines regarding— |
| (i) | the assessment of an application contemplated in section 17; |
| (ii) | the implementation of the prescribed system for categorisation of critical infrastructure in a low-risk, medium-risk or high-risk category referred to in sections 19(1)(b) and 20(1)(b); |
| (iii) | policies, protocols and standards regarding any matter necessary to achieve the purpose of this Act; and |
| (iv) | the promotion of public-private sector cooperation in the protection of critical infrastructure; and |
| (c) | perform any other functions which may be assigned to the Council by the Minister. |
| (2) | When making a recommendation to the Minister on an application referred to in subsection (1)(a), the Council must consider the following before making such a recommendation— |
| (a) | The requirements referred to in section 16(1); |
| (b) | any criteria contemplated in section 16(2); |
| (c) | any report or submission that must accompany such application; |
| (d) | an appropriate risk categorisation of the infrastructure in question in accordance with the prescribed system of categorisation referred to in sections 19(1)(b) and 20(1)(b); and |
| (e) | any conditions for such declaration as contemplated in section 21(1)(c). |
| (3) | When approving guidelines referred to in subsection (1)(b), the Council must consider the following: |
| (a) | any submission by the National Commissioner as contemplated in section 9(2) ; |
| (b) | any relevant submission by any other person having an interest in the protection of critical infrastructure; |
| (c) | any budgetary implications related to critical infrastructure protection; |
| (d) | any other matter that may promote the purpose of this Act or affect the implementation thereof. |
| (4) | The guidelines referred to in subsection (1)(b) must include guidelines regarding— |
| (a) | the identification and management of risks relating to critical infrastructure; |
| (b) | the establishment and maintenance of a legitimate, effective and transparent process for identifying and declaring infrastructure as critical infrastructure; and |
| (c) | the procedures to coordinate the functions and activities of Government departments and the private sector insofar as those functions and activities are performed to achieve the purpose of this Act. |
| (5) | In addition to any function contemplated in this section, the Council may— |
| (a) | advise the Minister on the evaluation, monitoring and reviewing of the implementation of policy, protocols, standards and legislation related to the protection of critical infrastructure; and |
| (b) | make recommendations to the Minister on any function of the Minister contemplated in section 22 or section 23. |
| (6) | The Council must, on a bi-annual basis, submit a report to the Minister regarding— |
| (a) | the activities of the Council during the period preceding the report; |
| (b) | particulars pertaining to the number of declarations as critical infrastructure, including the names of the critical infrastructure; |
| (c) | particulars pertaining to any decision by the Council to depart from publication of the notice contemplated in section 17(7)(b); |
| (d) | particulars pertaining to any limitations or revocation as critical infrastructure; |
| (e) | the level and extent of public-private sector cooperation; and |
| (f) | any other matter that may impact on the protection of critical infrastructure or the functioning of the Council. |