New NEMAQA dust control regulations now in effect
SHE Alert 11, 31 March 2026
On 31 March 2026, the Minister of Forestry, Fisheries and the Environment published the National Dust Control Regulations, 2026 (“2026 Dust Regulations”) under the National Environmental Management: Air Quality Act 30 of 2004 (“NEMAQA”).
The 2026 Dust Regulations came into effect on the date of publication and repeal and replace the National Dust Control Regulations, 2013 published under GNR 827 on 1 November 2013 (“2013 Dust Regulations”).
What clients should consider
In the 2026 Dust Regulations, the dustfall rates for residential areas remain at ≤ 600 mg/m²/day, and non-residential areas at ≤ 1200 mg/m²/day, averaged over 30 days, with a maximum of two exceedances per year in non-sequential months.
The standard test method for the collection and measurement of dustfall has changed from ASTM D1739:1970 to SANS 1137 or any equivalent method.
Within 60 days from commencement of the 2026 Dust Regulations (i.e. 30 May 2026), the following persons must submit a dust management plan to the air quality officer or licensing authority for approval:
Any holder of a right or permit related to prospecting, exploration, mining or production as contemplated in the Mineral and Petroleum Resources Development Act 28 of 2002
Any person conducting reclamation (obtaining materials of value from a historical mine dump)
Any person conducting a listed activity who is required, in terms of an atmospheric emission licence, to develop a dust management plan
Requirements are prescribed for dust management plans, as well as for monthly implementation reports.
Persons with approved dust management plans under the 2013 Dust Regulations must submit revised plans aligned with the 2026 Dust Regulations within 60 days. These must include a transition from ASTM D1739:1970 to SANS 1137, which may not exceed six months.
Failure to submit dust management plans and implementation reports as required constitutes an offence. A fine of up to R5 million may be imposed for a first conviction.
For more information or assistance please contact Liezl Sterne.