Page:Infrastructure Protection Act 2017.pdf/45

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46
NO. 41 OF 2017


(b) by order in the Gazette, designate any class of premises to be special infrastructures.

(2) 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.

(3) 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.

(4) 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—

(a) give notice of the Minister’s intention to do so to the intended responsible person; and
(b) give the intended responsible person 14 days (or such longer or shorter time as the Minister may specify in the notice) after the date of the notice to make representations on the proposed designation.

(5) 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).

Approved security plan for special infrastructure

42.—(1) Subject to sections 54(6) and 58(5), the responsible person of a special infrastructure must not carry out, or cause or allow the carrying out of, any specified works for the special infrastructure unless the responsible person has obtained under this Division the Commissioner’s approval, or provisional approval, of a security plan for the special infrastructure in connection with those specified works.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.