ATC221102: Report of the Select Committee on Security and Justice on the Interim Critical Infrastructure Protection Regulations in terms of section 27 of the Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019), dated 2 November 2022

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Interim Critical Infrastructure Protection Regulations in terms of section 27 of the Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019), dated 2 November 2022.

 

The Select Committee on Security and Justice, having considered the Interim Critical Infrastructure Protection Regulations in terms of section 27 of the Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019), reports as follows:

 

  1. Introduction

The Critical Infrastructure Protection Act, 2019 (Act No. 08 of 2019) (the Act) was assented to by the President on 20 November 2019. As per section 27 of the Act, the Minister of Police must table any proposed regulations in Parliament for scrutiny before promulgation. On 21 July 2022, the Council referred the Interim Regulations to the Select Committee (ATC No 106-2022) for consideration.

 

  1. Draft Regulations of the Critical Infrastructure Protection Act

The Draft Regulations deal with the following 14 aspects, related mainly to the functions and

procedures to be followed by the Critical Infrastructure Council:

• Regulation 1: Definitions

• Regulation 2: Establishment and functions of the Critical Infrastructure Council

• Regulation 3: Ordinary meetings of the Critical Infrastructure Council

• Regulation 4: Special meetings of the Critical Infrastructure Council

• Regulation 5: Resolutions of the Critical Infrastructure Council in respect of application

for declaration of infrastructure as critical infrastructure

• Regulation 6: Resolutions of the Critical Infrastructure Council to dispense with

publication

• Regulation 7: Resolutions of the Critical Infrastructure Council in respect of policies,

protocols and standards

• Regulation 8: Assignment of functions by the Minister

• Regulation 9: Ad hoc committees

• Regulation 10: Standing committees

• Regulation 11: Establishment of Critical Infrastructure Protection Regulator

• Regulation 12: Functions of the Critical Infrastructure Protection Regulator 10

• Regulation 13: Manner of service of notice

• Regulation 14: Commencement

 

  1. Proposed Amendments to Critical Infrastructure Protection Act Regulations

The Committee was briefed on the matter and amendments made by the National Assembly and had no further recommendations to make.

 

  1. Recommendation

The Committee having considered the Interim Critical Infrastructure Protection Regulations in terms of section 27 of the Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019) recommends that the National Council of Provinces approve the Interim Regulations.

 

Report to be considered.