National Dust Control Regulations, 2024: New Compliance Requirements
Brought to you by SA Legal Academy: The Minister of Forestry, Fisheries and the Environment has gazetted the National Dust Control Regulations, 2024, which repeal and replace the 2013 regulatory framework with immediate effect.
In terms of the National Environmental Management: Air Quality Act, No. 39 of 2004, the new regulations establish updated standards for the control of dust in all areas of South Africa. These regulations follow a public consultation process initiated by the release of draft regulations in March 2024. The 2024 regulations officially repeal the previous National Dust Control Regulations published under Government Notice No. R. 827 of 1 November 2013.
The revised framework introduces specific procedural requirements for entities whose operations result in dust emissions. Key provisions include:
- A mandatory 60-day window for affected parties to prepare and submit dust management plans to the relevant air quality officer.
- Prescribed methodologies for dust fallout monitoring and the measurement of dust fallout rates.
- Requirements for the implementation of dust suppression measures and ongoing reporting obligations.
The regulations apply to any person who conducts an activity that may cause dust emissions that have a significant detrimental effect on the environment or human health. This typically encompasses sectors such as mining, construction, and bulk material handling.
What this means for you, your business, or your clients
- For yourself: Environmental compliance officers and legal practitioners must update their regulatory registers to reflect the repeal of the 2013 regulations and the commencement of the 2024 standards.
- For your business: Firms engaged in dust-generating activities must evaluate their current monitoring programs and ensure that a compliant dust management plan is submitted to the authorities within 60 days of the commencement of these regulations.
- For your clients: Advise clients in the industrial and mining sectors to conduct immediate gap analyses between their existing 2013-compliant protocols and the new 2024 requirements to mitigate the risk of administrative fines or prosecution under the Air Quality Act.
Originally published at https://legalacademy.co.za/news/read/air-quality-2013-dust-control-regulations-replaced