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Modification of approved security plan for special infrastructure

Infrastructure Protection (Special Developments and Special Infrastructures) Regulations 2018

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—(1) This regulation applies to the modification of an approved security plan for a special infrastructure under section 38(3) or 45(3) of the Act.(2) The Commissioner may, at any time and by written notice to the responsible person of a special infrastructure, require an approved security plan for the special infrastructure to be modified and submitted for the Commissioner’s approval in the manner and within the time specified in the notice.(3) Where the Commissioner gives a notice under paragraph (2) —(a)the responsible person must comply with the notice; and(b)the Commissioner may, on receiving the modified security plan from the responsible person in response to the notice, approve the modified security plan or issue a further notice under that paragraph.(4) The responsible person of a special infrastructure may also, at any time, apply for the Commissioner’s approval to modify an approved security plan for the special infrastructure.(5) An application under paragraph (4) must be made in such form and manner, and be accompanied or supported by the modified security plan and such other information and documents, as the Commissioner may require.(6) On reviewing an application under paragraph (4), the Commissioner may —(a)approve the modified security plan;(b)by written notice to the responsible person, require the modified security plan to be further modified and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice; or(c)reject the modified security plan.(7) If any requirement under paragraph (6)(b) is not complied with within the time specified in the notice under that paragraph, or such extended time as the Commissioner may give in writing, the application mentioned in that paragraph is, on the expiry of that time, treated as rejected by the Commissioner under paragraph (6)(c).(8) Any person who contravenes paragraph (3)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

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