On 31 March 2026, the Minister of the Department of Forestry, Fisheries and the Environment (“the Department”) published the National Dust Control Regulations, 2026 (“Dust Control Regulations”). The Dust Control Regulations repeal and replace the previous 2013 version of the Regulations.
The purpose of the Dust Control Regulations is to (i) prescribe measures for the control of dust in all areas nationally, (ii) to set out the steps that must be taken to prevent nuisance caused by dust, and (iii) to establish reporting and management requirements applicable to affected persons.
The Dust Control Regulations apply broadly to a range of activities and operators. This now includes any holder of a right or permit related to prospecting, exploration, mining or production operations as defined in the Mineral and Petroleum Resources Development Act No. 28 of 2002, as well as any person conducting reclamation activities.
The Regulations further apply to persons undertaking listed activities who are required, in terms of a provisional or atmospheric emission licence, to develop a dust management plan , persons conducting controlled emitter activities with the potential to generate dust, and any person conducting an activity that an Air Quality Officer reasonably suspects is causing, or has the potential to cause, a dust nuisance.
A key requirement introduced by the Dust Control Regulations is the obligation to develop, submit and obtain approval for a DMP. In terms of Regulation 6, all affected persons are required to submit a DMP for approval within 60 days of the Dust Control Regulations coming into operation to the relevant Air Quality Officer in the municipality where dust is generated or to the relevant licensing authority (i.e.: the deadline for submission of a DMP is 30 May 2026).
Where activities have not yet commenced, the DMP must be submitted to the identified competent authority (being either the relevant Air Quality Officer in the municipality where dust is generated or the relevant licensing authority) prior to the commencement of such activities.
Persons who have prior approved DMPs in place in terms of the 2013 Regulations must also submit revised DMPs that are aligned with the 2026 Dust Control Regulations within the 60 day period prescribed (i.e.: by 30 May 2026).
The DMP must comprehensively address all sources of dust on the premises and set out time-bound control measures aimed at mitigating dust emissions. It must also include procedures for complaints management, identify sensitive receptors in the vicinity of the operations, and, where required, provide for a dust fall monitoring programme in accordance with SANS 1137. Monitoring must be conducted by a SANAS-accredited laboratory, and once approved, the DMP must be implemented immediately.
All persons who conduct dust fall monitoring have 6 months to transition to monitoring activities in accordance with SANS 1137 and all the contents under Regulation 7 (i.e.: by the end of September 2026).
Failure to comply with the Regulations or with an approved DMP may result in significant legal and financial consequences. In light of these developments, compliance with the Dust Control Regulations, including adherence to prescribed reporting standards and the effective implementation of an approved DMP, is essential for mining and prospecting right holders, as well as any persons undertaking reclamation, to mitigate regulatory risk and avoid enforcement action.
A copy of the Dust Control Regulations is available here.
Should you require any more information, please contact Chantal Murdock at chantal@bv-inc.co.za or Mbuyi Katumba at mbuyi@bv-inc.co.za.
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.