OVERVIEW
On 16 May 2025, the Department of Forestry, Fisheries and the Environment published the Draft National Dust Control Amendment Regulations (“2025 Draft Dust Control Regulations”) under the National Environmental Management: Air Quality Act, 39 of 2004, as amended. Once finalised, these regulations will repeal and replace the 2013 National Dust Control Regulations (GNR 827 of 1 November 2013) in full.
The new draft signals a significant shift in approach: dust control will no longer be primarily reactive or notice driven. Instead, the amendments introduce a broader, more structured, and proactive framework with direct implications for dust-generating industries, particularly mining operations.
HOW APPLICATION OF THE REGULATIONS WILL CHANGE
The 2013 regulations operated largely on a trigger-based model: mining companies and other dust-generating entities were only required to implement monitoring or management systems upon receiving a formal notice from an Air Quality Officer (“AQO”). In contrast, the 2025 Draft Dust Control Regulations anticipate routine compliance and broaden the types of activities to which they apply.
Importantly, the proposed regulations will –
- Repeal the 2013 regime, including its trigger-and-notice-based monitoring system;
Introduce detailed and expanded expectations for dust monitoring reports and management plans; - Make non-compliance an offence even without a specific directive from an AQO; and
- Under Proposed Regulation 3(a), require that any holder of a right or permit related to a prospecting, exploration, mining or production as defined in Section 1 of the Mineral and Petroleum Resources Development Act, 28 of 2002, as amended develop and submit a Dust Management Plan (“DMP”) for approval, irrespective of measured exceedances.
WHY MINING COMPANIES SHOULD PAY ATTENTION
Mining operations are inherently dust-intensive and typically operate near sensitive receptors, including residential areas or agricultural land. The repeal of the 2013 regulations removes a buffer that previously allowed companies to wait for official direction from an AQO. Under the 2025 Draft Dust Control Regulations, companies may now be expected to:
- Implement monitoring as a default responsibility;
- Proactively manage dustfall exceedances; and
- Submit DMPs in the absence of formal directives.
This means compliance must be embedded into the day-to-day operational environment.
KEY DIFFERENCES: A SNAPSHOT
| Category | 2013 Regulations | 2025 Draft Dust Amendment Regulations | Practical Impact |
| Regulatory Model | Reactive; triggered by AQO notice | Proactive; applies automatically | Mines must act without waiting for a directive |
| Trigger for Dust Monitoring | Monitoring only required after AQO notice based on suspicion or regulatory listing | Monitoring is mandatory upfront for qualifying operations — no AQO trigger required | Mines must initiate monitoring without waiting for instruction. Failure to do so is now a direct offence |
| DMP Requirements | Only after dustfall exceedance | Automatically required for mining related right/permit holders under reg 3(a) | Mines must now prepare DMPs before any exceedance occurs |
| Offences | Based on failure to comply with AQO notice | Broader list of direct offences | Greater exposure to enforcement |
DMPs must also be more comprehensive and include complaint registers, source identification, mitigation schedules, and implementation responsibilities.
CONSEQUENCES OF NON-COMPLIANCE
The maximum penalties under the 2025 Draft Dust Control Regulations remain unchanged: R5 million or 5 years’ imprisonment for a first offence and R10 million or 10 years for repeat offences. The amendments also make it an offence to fail to monitor or manage dust levels without the need for a notice, meaning passive non-compliance is no longer shielded by regulatory silence.
CONCLUSION
The 2025 Draft Dust Control Regulations represent a regulatory evolution that demands proactive compliance from mining companies. While the numeric dustfall thresholds remain the same, the application and enforcement mechanisms do not. Mining operations must now act without prompting, using updated technical standards and comprehensive planning.
Now is the time for mining clients to:
- Review existing dust monitoring systems;
- Draft or update Dust Management Plans; and
- Ensure complaint registers and mitigation responsibilities are clear and documented.
