Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)Chapter 2 : Critical Infrastructure Council and StructuresPart B : Administration of Act9. Functions of National Commissioner |
(1) | The National Commissioner must— |
(a) | establish and maintain the administrative systems and procedures necessary for the implementation and enforcement of this Act; |
(b) | support the Critical Infrastructure Council and the Minister in the administration of this Act; and |
(c) | effect cooperation between the South African Police Service, other organs of state and the private sector insofar as it relates to the protection of critical infrastructure. |
(2) | The functions of the National Commissioner are to develop uniform standards, guidelines and protocols for approval by the Council regarding— |
(a) | the manner in which— |
(i) | infrastructure must be identified, categorised and declared critical infrastructure; |
(ii) | any physical security assessment of critical infrastructure and potential critical infrastructure is conducted and coordinated between Government departments; |
(iii) | information which may be relevant to critical infrastructure protection is shared between the relevant stakeholders; or |
(iv) | any prescribed committee or forum must function and report; and |
(b) | structures and mechanisms to facilitate coordination in, and management of, the protection of critical infrastructure. |
(3) | The National Commissioner must— |
(a) | consider an application from a person in control of an infrastructure for declaring that infrastructure as critical infrastructure; |
(b) | conduct or facilitate any physical security assessment of critical infrastructure or potential critical infrastructure; |
(c) | make recommendations to the Council on the declaration and risk categorisation of such critical infrastructure or potential critical infrastructure; |
(d) | evaluate, monitor and review the application and operational effectiveness of policy, guidelines or legislation related to the protection of critical infrastructure, and advise the Council accordingly; |
(e) | evaluate and review physical security assessments, resilience reports and any designation as critical infrastructure, and advise the Council accordingly; |
(f) | consider any draft of a prescribed security policy or plan submitted to his or her office; |
(g) | issue directives regarding the procedures to be followed at the meetings of any prescribed committee or forum; and |
(h) | compile and submit quarterly reports to the Council, which must at least include— |
(i) | particulars of the related activities of the South African Police Service during the preceding quarter; |
(ii) | particulars of the number of applications for declaration of infrastructure as critical infrastructure; |
(iii) | particulars of the level and extent of Government department participation in the functioning of a committee or forum; and |
(iv) | the level and extent of public-private sector cooperation in the functioning of a committee or forum. |
(4) | The National Commissioner may, in the prescribed manner, apply for the declaration of government infrastructure as critical infrastructure. |