NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004: NATIONAL DUST CONTROL REGULATION

National Environmental Management: Air Quality Act 39 of 2004 (“NEMAQA”): National Dust Control Regulation

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004: NATIONAL DUST CONTROL REGULATION

Notice Title: National Environmental Management: Air Quality Act 39 of 2004 (“NEMAQA”): National Dust Control Regulation

Government Notice: GN 7335 in GG 54440 on 31 March 2026

Commencing date: 31 March 2026

 

The Minister of Forestry, Fisheries and the Environment, published the National Dust Control Regulations, in terms of section 53(o), read with section 32 of the NEMAQA, for implementation.

 

The purpose of these Regulations is to prescribe—

  • measures for the control of dust in all areas nationally; and
  • steps that must be taken to prevent nuisance by dust.

 

These Regulations apply nationally to —

  • any holder of a right or permit related to a prospecting, exploration, mining, or production operation, as defined in section 1 of the Mineral and Petroleum Resources Development Act, 28 of 2002;
  • any person conducting reclamation;
  • any person conducting a listed activity and is required in terms of the provisional or atmospheric emission licence to develop a dust management plan;
  • any person conducting a controlled emitter that has the potential to generate dust; and
  • any person conducting an activity that an air quality officer reasonably suspects is causing or has the potential to cause nuisance by dust

 

The National Dust Control Regulations, GNR 827 of 1 November 2013, are repealed.

 

For a copy of the Government Gazette Notice click here: National Environmental Management: Air Quality Act: National Dust Control Regulations

 

For more information or assistance please contact Jan Nel at jan@shangoni.co.za.

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