National Dust Control Regulations
On 31 March 2026, the Department of Forestry, Fisheries and the Environment published the National Dust Control Regulations, 2026 (“2026 Dust Regulations”). These repeal the National Dust Control Regulations, 2013 (GNR 827 of 1 November 2013).
The 2026 Dust Regulations introduce enhanced technical and administrative measures aimed at addressing regulatory gaps identified during the implementation of the 2013 Regulations. The scope of the Regulations has been broadened and now applies nationally to —
- any holder of a right or permit related to a prospecting, exploration, mining, or production operation, as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);
- any person conducting reclamation;
- any person conducting a listed activity and is required in terms of the provisional or atmospheric emission license to develop a dust management plan;
- any person conducting a controlled emitter that has 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 nuisance by dust.
Regulation 3 introduces a proactive compliance obligation, requiring all applicable persons to:
- develop, implement, and maintain a Dust Management Plan (DMP) within 60 days of the Regulations coming into operation;
- submit the DMP to the relevant municipal air quality officer or licensing authority for approval; and
- if applicable, review an existing DMP and resubmit the plan within 60 days for re-approval.
Regulation 7 further prescribes the minimum content requirements of a DMP.
This marks a significant shift from the 2013 Dust Regulations, where dust management interventions were generally reactive, triggered only after dustfall limits were exceeded or upon regulatory intervention by an air quality officer.
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 exceedance of twice per year in non-sequential months
The 2026 Dust Regulations introduces SANS 1137 as the prescribed standard test method for the collection and measurement of dustfall, replacing the ASTM D1739:1970. Organisations with approved DMPs are required to align their existing monitoring methods with SANS 1137 with 6 months i.e. by September 2026.
Failure to comply with these Regulations constitutes an offence, which may result in the imposition of a fine, or imprisonment.
This proactive shift in dust management and regulatory oversight has placed greater responsibility on organisations to anticipate and manage the dust impacts of their activities. The 2026 Dust Regulations reinforce the importance of preventative environmental management, improved governance and accountability.
Ensure your legal compliance registers are updated with these new regulations.
What are the key changes in the National Dust Control Regulations 2026?
The 2026 Regulations shift from a reactive to a proactive approach, requiring applicable parties to develop and submit a Dust Management Plan (DMP) within 60 days of operation, regardless of whether a nuisance has occurred.
What is the new prescribed test method for dustfall monitoring?
The 2026 Regulations replace ASTM D1739:1970 with SANS 1137 as the mandatory standard for collecting and measuring dustfall. Organizations must align with this new standard by September 2026.
Who must comply with the 2026 Dust Regulations?
The scope includes holders of mining/prospecting rights, persons conducting reclamation, those with atmospheric emission licenses, and any person whose activities are suspected by an air quality officer of causing a dust nuisance.
