Draft National Dust Control Amendment Regulations
SHE Alert 14, 16 May 2025
On 16 May 2025, the Minister of Forestry, Fisheries and the Environment issued a Notice under the National Environmental Management: Air Quality Act, 2004 (NEMAQA), publishing the draft National Dust Control Amendment Regulations for public comment.
These draft regulations represent a significant update to the current National Dust Control Regulations, 2013, aiming to close gaps identified during implementation over the past decade. The updated framework is designed to better manage dust emissions and improve compliance mechanisms across South Africa’s industrial, mining, and agricultural sectors.
Key Proposed Amendments
The proposed changes include:
Clearer Scope of Application - The draft regulations provide more certainty by identifying specific activities and operations to which the dust control provisions apply. This will help avoid regulatory ambiguity and support consistent enforcement.
Updated Dustfall Measurement Method - The current method for measuring dust deposition will be replaced with a locally accessible and standardised method as adopted by the South African Bureau of Standards (SABS). This change aims to improve technical reliability and accessibility.
Enhanced Dust Management Plan Requirements - Administrative provisions have been strengthened to improve the development, implementation and procedural management of Dust Management Plans (DMPs), particularly in relation to reporting, record-keeping and timelines.
Repeal of Existing Regulations:
The 2013 Dust Control Regulations (GNR 827 in Government Gazette No. 36974 of 1 November 2013) are proposed to be repealed in their entirety and replaced by the new framework.
Opportunity to Comment
Members of the public, industry stakeholders, and affected parties are encouraged to submit written comments by 15 June 2025, within 30 days of the notice’s publication in the Government Gazette.
This regulatory shift may have important implications for businesses operating in sectors with potential for dust generation, including mining, construction, manufacturing, and agriculture. Companies should consider how these proposed changes may affect their environmental compliance obligations.
How We Can Help
Tabacks’ Environmental, Health and Safety Law Team is available to:
Review how the proposed regulations may impact your operations;
Assist in the preparation and submission of public comments; and
Support you in updating internal dust management protocols to align with the upcoming changes.