Page:Infrastructure Protection Act 2017.pdf/38

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INFRASTRUCTURE PROTECTION
39


Security plan for special development or special infrastructure

33.—(1) Any security plan (including any amendment to the security plan) required or submitted to the Commissioner under this Part in connection with any specified works for a special development or a special infrastructure—

(a) must be prepared by a person approved by the Commissioner in connection with those specified works (called in this section the competent person);
(b) must be prepared in such form and manner as the Commissioner may require; and
(c) must contain the competent person’s security risk assessment and the security measures required for that special development or that special infrastructure.

(2) To avoid doubt, the requirements of this Act as to the contents of a security plan are not in any way limited by or to the specified works in connection with which the security plan is required under this Part.

Division 2—Special developments

Designation of special developments

34.—(1) If 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—

(a) by a written instrument, designate any new development to be a special development; or
(b) by order in the Gazette, designate any class of new developments to be special developments.

(2) In the case of a special development designated under subsection (1)(a), the Minister must give a copy of the written instrument to the responsible person of the special development.

(3) Before designating a special development under subsection (1)(a), the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case—