Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)RegulationsInterim Critical Infrastructure Protection Regulations, 20226. Resolutions of the Critical Infrastructure Council to dispense with publication |
| (1) | Where an applicant requests the Council for approval to depart from the procedure of publication of the notice referred to in section 17(4)(a) of the Act, the Council must consider the request to determine whether the applicant showed good cause as contemplated in section 17(5) of the Act and adopt a resolution whether or not it to approve such request. |
| (2) | The Council must record the resolution adopted, subject to the following: |
| (a) | where all the members of the Council move to approve that the procedure in section 17(4)(a) may be departed from, the Council must record the reasons for such resolution; |
| (b) | where the majority of the members of the Council move to approve that the procedure in section 17(4)(a) may be departed from, the Council must record reasons for such majority resolution 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 approve that the procedure in section 17(4)(a) may be departed from, the Council must record reasons for such intended majority resolution 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 approve that the procedure in section 17(4)(a) may be departed from, the Council must record reasons for such intended resolution. |
| (3) | Where the Council adopts a resolution in terms of subregulation (2)(a) or (2)(b) it must, within 14 days of the meeting of the Council— |
| (a) | direct the National Commissioner to depart from the provisions of section 17(4)(a); and |
| (b) | notify the person in control accordingly. |
| (4) | Where the Council intends adopting a resolution in terms of subregulation ( 2)(c) or (2)(d), it must notify the applicant within 14 days of the meeting of the Council of its intention to deny the request. |
| (5) | An applicant may, upon receiving a notification referred to in subregulation (4), make representations to the Council regarding his or her request to depart from the procedure referred to in section 17(4)(a) of the Act. |
| (6) | 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). |
| (7) | 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 depart from the procedure of publication of the notice referred to in section 17(4)(a) of the Act. |
| (8) | 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 |
| (d) | 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. |
| (9) | Where the Council adopts a resolution in terms of subregulation (7), it must, within 14 days of the meeting of the Council— |
| (a) | direct the National Commissioner to either depart from or follow the provisions of section 17(4)(a); and |
| (b) | notify the applicant accordingly. |