The Department of Forestry, Fisheries and the Environment has published the updated National Dust Control Regulations, 2026, under the National Environmental Management: Air Quality Act (NEM:AQA), replacing the 2013 regulations. These updated regulations introduce a more structured and proactive approach to dust management, with important implications for mining, industrial operations, and other dust-generating activities.
KEY CHANGES
Shift to Proactive Dust Management
The 2026 regulations require the development and implementation of a Dust Management Plan (DMP) for identified activities, often before operations commence, rather than only after dustfall exceedances occur.
Clear Applicability
The regulations now explicitly apply to:
- Mining, prospecting and production activities
- Reclamation (e.g. tailings and historical mine dumps)
- Listed activities requiring Atmospheric Emission Licences
- Any activity with the potential to generate dust or cause nuisance
Updated Monitoring Standards
Dustfall monitoring must now align with SANS 1137, replacing the previously used ASTM method, and requires SANAS-accredited laboratory analysis.
Increased Reporting and Accountability
- Monthly reporting on the implementation of Dust Management Plans may be required
- Formal complaints registers must be maintained
- Monitoring data must include historical comparisons and meteorological context
Stronger Enforcement Framework
The regulations introduce:
- Clearer compliance triggers
- Formal review requirements for Dust Management Plans
- Continued significant penalties for non-compliance
What This Means for Industry
The 2026 regulations represent a shift from reactive compliance to continuous environmental management.
For operators and consultants, this means:
- Greater emphasis on planning and early compliance
- Increased need for robust monitoring programmes
- More detailed and defensible reporting and documentation
Our View
The updated regulations strengthen the regulatory framework for dust control in South Africa and align with broader environmental management principles under NEMA.
Early alignment with these requirements will be key to ensuring compliance and avoiding operational and regulatory risk.
Need Assistance?
ENVASS supports clients with:
- Dust Management Plan development
- Dustfall monitoring programmes (SANS 1137 compliant)
- Compliance audits and reporting
- Integration with existing environmental and licensing requirements
