The Minister of Forestry, Fisheries and the Environment has published new National Dust Control Regulations, 2026 (Regulations) under Government Notice R.7335 in Government Gazette No. 54440 of 31 March 2026.

These Regulations, made under section 53(o) as read with section 32 of the National Environmental Management: Air Quality Act 39 of 2004 (NEMAQA), replace the National Dust Control Regulations of 2013, which are repealed in their entirety.

At its core, the new Regulations broaden the categories of regulated parties, replace the dustfall test method, introduce stricter reporting obligations, and materially increase the penalties for non-compliance. Existing rights holders and licensees should review their dust management arrangements as a matter of urgency, given that approved plans must be resubmitted within 60 days of commencement.

Background

The 2013 Dust Control Regulations operated against a relatively narrow class of regulated parties and a single test method. The 2026 Regulations expand the regulatory net considerably, extending beyond mineral right holders to reclamation operators, controlled emitters, listed-activity operators and any operation an air quality officer reasonably suspects of causing nuisance by dust.

The Regulations accordingly seek to align dust monitoring with the South African National Standard SANS 1137, and introduce a sharper enforcement architecture, including specific offences carrying substantial fines and imprisonment.

Application: Who Must Comply

In terms of Regulation 3, the new Regulations apply nationally to:

1. Holders of any prospecting, exploration, mining or production right or permit under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA)
2. Persons conducting reclamation of historical mine dumps
3. Persons conducting a listed activity who are required, under their provisional or atmospheric emission licence, to develop a dust management plan
4. Persons conducting a controlled emitter with the potential to generate dust
5. Any person whose activity an air quality officer reasonably suspects is causing, or has the potential to cause, nuisance by dust

The expanded scope is significant. Operators previously outside the framework, including reclamation operations, certain industrial premises and any operator whose activities prompt a complaint or officer concern, should now consider themselves on notice to comply.

Dust Management Plans

The cornerstone of the Regulations is the requirement to develop, submit and implement an approved dust management plan (DMP).

Submission and Approval

1. MPRDA right holders and reclamation operators must submit their DMP to the air quality officer in the municipality where dust is generated within 60 days of the commencement of the Regulations.
2. Listed-activity operators must submit their DMP to the relevant atmospheric emission licensing authority, which must incorporate the approved DMP into the atmospheric emission licence.
3. Persons who have not yet commenced activities must obtain DMP approval before commencement.
4. Controlled emitters and operators triggered by an air quality officer’s notice must submit a DMP within the period specified by the officer (capped at 60 days).
5. The air quality officer or licensing authority must, within 60 days of receipt, either approve the DMP or refer it back for amendment.

Mandatory Contents

A DMP must, in terms of Regulation 7, address:

1. The person responsible for implementation
2. A description of the surrounding land use within a 5 km radius
3. A description of the premises and all sources of dust and activities with the potential to generate dust
4. Detailed, time-bound best practicable control measures to prevent, minimise and manage dust, including fugitive dust
5. A complaints management procedure and complaints register
6. Measures to prevent nuisance by dust
7. Where required, a dustfall monitoring programme aligned with SANS 1137 and with sufficient sampling points to monitor sensitive receptors (such as schools, hospitals, daycare centres, surface water and ecologically sensitive areas)
8. Any further information required by the relevant authority

Transitional Provisions

Operators with an approved DMP under the 2013 Regulations must submit a reviewed DMP that is aligned with the 2026 Regulations within 60 days of commencement. The reviewed plan must include a transition period, not exceeding six months from commencement, for achieving compliance.

Practical Significance

Mining companies, listed-activity operators and other affected industry players should consider the following key actions:

1. Audit existing DMPs – Plans approved under the 2013 Regulations must be reviewed and resubmitted within 60 days of commencement. Continued reliance on existing plans beyond that window carries enforcement risk
2. Plan the SANS 1137 transition – The changeover from ASTM D1739:1970 must be completed within six months. Engagement with SANAS-accredited laboratories and accredited testing providers should commence early
3. Re-assess scope – The broadened categories capture operators previously outside the framework, particularly reclamation operations, controlled emitters and any operation likely to attract a nuisance complaint
4. Formalise complaints handling – A complaints management procedure and complaints register are now mandatory DMP content. Many operators will need to formalise existing processes
5. Recalibrate enforcement risk – The R5 million / R10 million penalty framework, coupled with monthly reporting and the licensing authority’s ability to require DMP review at any time, materially increases the cost of non-compliance

How Bishop Fraser Attorneys Can Assist

The 2026 Dust Control Regulations represent a meaningful tightening of the dust compliance regime, with short transitional windows and a more punitive enforcement framework.

Bishop Fraser Attorneys advises mining companies, listed-activity operators and industrial clients on how to best achieve compliance with the new Regulations, mitigating their risks and ensuring a smooth transition from the old legal framework.