Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)RegulationsInterim Critical Infrastructure Protection Regulations, 20225. Resolutions of the Critical Infrastructure Council in respect of application for declaration of infrastructure as critical infrastructure |
| (1) | After consideration of an application for declaration of infrastructure as critical infrastructure referred to in section 7(1)(a) of the Act, the Council must adopt a resolution whether or not it intends to— |
| (a) | recommend declaration of such infrastructure as critical infrastructure; and |
| (b) | recommend an appropriate risk category for the infrastructure in question. |
| (2) | The Council must record the intended recommendation that it is considering to adopt regarding the matter before the Council, subject to the following: |
| (a) | where all the members of the Council move to adopt a resolution to recommend such matter, the Council must record the reasons for such recommendation; |
| (b) | where the majority of the members of the Council move to adopt a resolution to recommend such matter, the Council must record reasons for such majority recommendation and allow each of the dissenting members to state his or her reasons for dissenting, which must likewise be recorded; |
| (c) | where the majority of the members of the Council move to adopt a resolution not to recommend such matter, the Council must record reasons for such majority recommendation and allow each of the dissenting members to state his or her reasons for dissenting, which must likewise be recorded; or |
| (d) | where all the members of the Council move to adopt a resolution not to recommend such matter, the Council must record reasons for such recommendation. |
| (3) | The Council must, within 14 days of the meeting of the Council, notify the applicant of the intended recommendation of the Council referred to in subregulation (2). |
| (4) | An applicant may, upon receiving a notification referred to in subregulation (3), make representations to the Council regarding the intended recommendation in respect of his or her application for declaration of infrastructure as critical infrastructure. |
| (5) | The representations referred to in subregulation (4) must be lodged with the Chairperson of the Council within 30 days of receipt of the notification referred to in subregulation (3). |
| (6) | The Council must, at a special meeting convened within 30 days after receipt of the representations, consider the representations of the applicant and adopt a final resolution whether or not to— |
| (a) | recommend declaration of such infrastructure as critical infrastructure; and |
| (b) | recommend the appropriate risk category for the infrastructure in question, and notify the applicant accordingly. |
| (7) | The Chairperson must record any final resolution that the Council may adopt regarding a matter before the Council, subject to the following: |
| (a) | where all the members of the Council move to adopt a final resolution to recommend such matter, the Council must record the reasons for such recommendation; |
| (b) | where the majority of the members of the Council move to adopt a final resolution to recommend such matter, the Council must record reasons for such majority recommendation and allow each of the dissenting members to state his or her reasons for dissenting, which must be recorded; |
| (c) | where the majority of the members of the Council move to adopt a final resolution not to recommend such matter, the Council must record reasons for such majority recommendation and allow each of the dissenting members to state his or her reasons for dissenting, which must be recorded; or |
| (e) | where all the members of the Council move to adopt a final resolution not to recommend such matter, the Council must record reasons for such final resolution. |
| (8) | The Chairperson must submit the application to the Minister for consideration accompanied by— |
| (a) | the recommendation based on the final resolution of the Council referred to in subregulation (6)(a),(b) and where applicable (c), together with the reasons referred to in subregulation (7) which must include the reasons recorded for any dissenting vote; |
| (b) | any written comments made by interested persons in terms of section 17(4)(a)(ii) of the Act; |
| (c) | the assessment of the National Commissioner in terms of section 17(4)(b) of the Act; |
| (d) | any submissions made by the applicant regarding the risk category referred to in section 17(4)(b)(iv) of the Act; |
| (e) | any submissions by the Head of a Government Department in terms of section 18(3)(b);and |
| (f) | any other representations made by the applicant or any other person in terms of section 19(3)(b) of the Act. |