Infrastructure Protection Act 2017 · 2020 Revised Edition · Part 4 · Special Developments and Special Infrastructures
41. Designation of special infrastructures
Feedback & supportIf the Minister is of the opinion that it is necessary or expedient to do so in the interest of public safety or security, or in the national interest, the Minister may —
by a written instrument, designate any premises to be a special infrastructure; or
by order in the Gazette, designate any class of premises to be special infrastructures.
The written instrument or order under subsection (1) must specify whether the owner or the occupier of the premises being designated as a special infrastructure is to be the responsible person of the special infrastructure for the purposes of this Act.
occupier
“occupier”, for any premises, means the person in occupation or having the charge, management or control of the premises;
In the case of a special infrastructure designated under subsection (1)(a), the Minister must give a copy of the written instrument to the responsible person of the special infrastructure.
special infrastructure
“special infrastructure” means —(a)a special infrastructure described in section 40; or(b)any premises designated as a special infrastructure under section 41;
Before designating a special infrastructure under subsection (1)(a), the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case —
give notice of the Minister’s intention to do so to the intended responsible person; and
give the intended responsible person 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed designation.
To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make a designation under subsection (1).