On 16 May 2025, the Minister of Forestry, Fisheries and the Environment (Minister) published the Draft National Dust Control amendment Regulations (Proposed Regulations) in terms of Sections 32, 53(o) as read with Sections 55(3), 56 and 57 of the National Environmental Management: Air Quality Act, No. 39 of 2004 (NEM:AQA) for public comment in Government Gazette No. 52688 under Notice No. 6186 (Notice).
Draft Regulations were previously gazetted for public comment on 8 March 2024 in Government Gazette No. 50272 under Notice No. 4475 (Previous Notice).
While the Proposed Regulations published under the Notice appear to have been amended in a number of respects following the publication of the Previous Notice, the substantial submissions made by stakeholders, including the mining sector, do not appear to have been incorporated in totality, and several concerns remain.
Members of the public have been invited to submit their written comments in respect of the Proposed Regulations to the Department of Forestry, Fisheries and the Environment (DFFE) within thirty days of the Notice being published in the Gazette i.e. by 16 June 2025 (which is a public holiday).
The Proposed Regulations have far-reaching consequences, including in respect of the mining sector, with potential conflicts between the mining legislation and the authority of the Minister of Mineral and Petroleum Resources, the Environmental Laws, and the Minister.
Stakeholders in the mining industry are urged to carefully consider the Proposed Regulations and to take the opportunity to submit comments to the DFFE.
Please contact Warren Beech at warren@bv-inc.co.za or Chantal Murdock at chantal@bv-inc.co.za for clarification or assistance.
Disclaimer: This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.