Page:Infrastructure Protection Act 2017.pdf/46

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INFRASTRUCTURE PROTECTION
47


Application for approval of security plan

43.—(1) The responsible person’s application for the Commissioner’s approval of a security plan for the special infrastructure must be made in such form and manner, and be accompanied or supported by the security plan and such other information and documents, as the Commissioner may require.

(2) On reviewing the application, the Commissioner may—

(a) approve the security plan;
(b) by written notice to the responsible person, require the security plan to be amended and resubmitted for the Commissioner’s approval, in such manner and within such time as specified in the notice;
(c) grant a provisional approval of the security plan, subject to conditions; or
(d) reject the security plan.

(3) If any requirement under subsection (2)(b) is not complied with within the time specified in the notice under that subsection, or such extended time as the Commissioner may give in writing, the application for the approval of the security plan is, on the expiry of that time, treated as rejected by the Commissioner under subsection (2)(d).

(4) In the case of a provisional approval under subsection (2)(c), the Commissioner may, where the conditions of the provisional approval are satisfied, grant a final approval of the security plan.

Amendment of approved security plan

44.—(1) The Commissioner may, at any time and by written notice to the responsible person, require the approved security plan for the special infrastructure to be amended and submitted for the Commissioner’s approval in the manner and within the time specified in the notice.

(2) Where the Commissioner gives a notice under subsection (1)—

(a) the responsible person must comply with the notice; and