Air Quality: Update on Carbon Budget and Mitigation Plan Regulations

Posted 09 February 2026 Written by Acts Online
Category Environmental Law

Brought to you by SA Legal Academy: The Department of Forestry, Fisheries & the Environment (DFFE) has issued a notice regarding the transition to the next phase of pollution prevention and carbon budget reporting. The submission of plans for the 2026–2030 cycle is currently suspended pending the finalisation of draft regulations.

In terms of the National Environmental Management: Air Quality Act, No. 39 of 2004, the DFFE has clarified the status of draft regulations originally released for public comment in August 2025. These regulations govern the submission and processing of pollution prevention plans and carbon budgets, which are essential components of South Africa’s climate change mitigation framework.

The Department has confirmed that the submission and processing of pollution prevention plans for the 2026–2030 period will not begin until the proposed new regulations have been finalised and gazetted. This delay ensures that the upcoming five-year cycle aligns with the updated regulatory requirements currently under review.

Key Regulatory Implications

  • The 2026–2030 reporting and planning cycle is contingent upon the finalisation of the August 2025 draft regulations.
  • Existing compliance obligations under current regulations remain in force until the new framework is formally gazetted.
  • Affected entities are not yet required to file new pollution prevention plans for the post-2025 period.

What this means for you, your business, or your clients

  • For yourself: You must monitor the Government Gazette for the final publication of the August 2025 draft regulations to ensure your technical advice remains aligned with the finalised legal requirements.
  • For your business: Your environmental compliance department should pause the formal finalisation of pollution prevention plans for the 2026–2030 window, as the submission window will only open once the new regulations are gazetted.
  • For your clients: Advise clients in carbon-intensive industries that the DFFE has officially deferred the 2026–2030 plan submission process, providing additional time to align their internal mitigation strategies with the forthcoming regulatory standards.

Originally published at https://legalacademy.co.za/news/read/air-quality-update-on-carbon-budget-mitigation-plan-regulations-process

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