Primary briefing · Gazette
high impact 54440 · R. 7335 · 2026-03-31
National Dust Control Regulations, 2026 — immediate commencement, 60-day compliance deadline
Effective from
31 Mar 2026
The Minister of Forestry, Fisheries and the Environment has promulgated new National Dust Control Regulations under the National Environmental Management: Air Quality Act 39 of 2004, repealing and replacing the 2013 regulations in their entirety. The regulations prescribe dustfall rate limits of 600 mg/m²/day for residential areas and 1 200 mg/m²/day for non-residential areas, with exceedances permitted only twice per year and not in sequential months. All mining right holders, persons conducting reclamation of historical mine dumps, listed activity operators, controlled emitters, and any person suspected of causing dust nuisance must develop and submit dust management plans to the relevant municipal air quality officer or licensing authority within 60 days of commencement (approximately 30 May 2026). Entities with existing approved plans must review and resubmit them within the same 60-day window. Monthly reporting on plan implementation is required. Non-compliance is a criminal offence carrying fines of up to R5 million or imprisonment of up to five years on first conviction, doubling on subsequent convictions. A six-month transition period applies for switching from the ASTM D1739:1970 test method to the prescribed SANS 1137 method.
Who is affected
Holders of mining, prospecting, exploration or production rights or permitsPersons conducting reclamation of historical mine dumpsHolders of atmospheric emission licences for listed activities generating dustOperators of controlled emitters with dust-generating potentialConstruction and transport operators generating dustEnvironmental consultants and SANAS-accredited laboratoriesMunicipalities and air quality officers What this means for practitioners
Identify whether your client falls within regulation 3(a)–(d) as a mining right holder, reclamation operator, listed activity operator, controlled emitter, or suspected dust nuisance source
Develop and submit a dust management plan to the relevant municipal air quality officer or licensing authority by approximately 30 May 2026 (60 days from commencement)
If an existing approved dust management plan is in place, review and resubmit it aligned with the new regulations within the same 60-day window
Initiate transition from ASTM D1739:1970 to the SANS 1137 test method; changeover must be complete by approximately 30 September 2026
Establish monthly reporting processes on dust management plan implementation to the relevant air quality officer or licensing authority