South Africa's Ministry of Forestry, Fisheries and Environment Invites Comments on the Draft National Dust Control Amendment Regulations

The National Environmental Management Air Quality Act, No 39 of 2004 (AQA) was enacted to give effect to Section 24 (b) of the Constitution by promoting the enhancement of the quality of ambient air that is not harmful to the health and well-being of people in South Africa.

The National Dust Control Regulations 2013 were published with the purpose of prescribing general measures to specifically control dust in all areas in terms of the AQA. Following the implementation of the National Dust Control Regulations 2013, various industry stakeholders consulted with the former Department of Environmental Affairs on adopting a more pro-active approach to dust management and the use of variety of monitoring tools that adhere to international best practice in South Africa.

In 2018, the Minister of Environmental Affairs published a Notice to amend the National Dust Control Regulations 2013, (Draft National Dust Control Regulations 2018). The changes proposed under the Draft National Dust Control Regulations 2018 included amendments to (i) the dustfall standard, (ii) the dustfall monitoring programme (iii) the dustfall monitoring report contents, (iv) the dust management plan (v) ambient air quality monitoring for PM10 and (vi) offences and penalties. The Draft National Dust Control Regulations 2018 however were not promulgated following the invitation to submit comments on the amendments to the Department of Environmental Affairs. 

On 16 May 2025, the Minister of Forestry, Fisheries and the Environment published revised regulations with the purpose of addressing the gaps identified under the National Dust Control Regulations 2013 and the Draft National Dust Control Regulations 2018. The proposed amendments under the Draft National Dust Control Amendment Regulations (Regulations) supplement the proposed amendments in the Draft National Dust Control Regulations 2018 and further aim to improve dust control measures in South Africa by:

• identifying distinct activities to which the Regulations apply;
• updating the standard test method for the collection and measurement of dustfall to a locally accessible method as adopted by the South African Bureau of Standards;
• improving the administration for the development, implementation and procedural matters with respect to dust management plans; and 
• repealing the existing National Dust Control Regulations, 2013. 

Members of the public are invited to submit written comments to the Department of Forestry, Fisheries and Environment within 30 days from the date of publication of the notice in the Government Gazette. The deadline for submitting input on the Regulations is June 15, 2025.