SUBMISSIONS ON PROPOSED AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA)

The Centre for Environmental Rights (CER), representing various non-governmental and community organisations, submitted recommendations to the Department of Environmental Affairs (DEA) on November 30, 2017, to strengthen the proposed amendments to the National Dust Control Regulations 2013 under the National Environmental Management: Air Quality Act, 2004 (AQA).

• The CER supports the inclusion of 'mining operations' and 'listed activities' in the regulations but argues that this is 'futile without rigorous and effective enforcement' of fugitive dust emission management plans.
• The CER contends that the current ASTM D1739 test method for measuring dustfall rates is 'not fit-for-purpose' because it is a 'crude and non-specific test method' that fails to account for acute, short-term dust exposure. They suggest alternative monitoring, such as using security cameras for visual records and portable PM measurement devices like the DUSTTRAK DRX AEROSOL MONITOR 8533.
• The CER recommends that the definition of 'residential area' be expanded to include informal and traditional settlements that may not be accounted for in local town planning schemes, as these areas are 'very vulnerable to poor air quality'.
• Regarding the proposed 'Non-anthropogenic Discount Factor' (Regulation 5), the CER warns that the text is 'too ambiguous' and could be exploited. They recommend that the provision be limited to arid areas with little to no human activity and that the burden of proof be placed on the entity claiming the discount.
• The CER proposes that the regulations prioritize the implementation of a dust management plan over the monitoring programme. They suggest a list of 'Best Practicable Environmental Measures' (BPEM), including minimizing exposed surfaces, installing windbreaks, and applying water or adhesives to roads.
• The CER expresses concern over health risks from radioactive and toxic dust from tailings storage facilities, specifically mentioning the Wonderfonteinspruit Catchment Area. They argue that the DEA should require annual geochemical, chemical, and radionuclide analysis of dust from these facilities, rejectingSS despite the DEA's claimCS claim that such regulationSSS regulation is beyond its remit.
• The CER advocates for the inclusion of continuous ambient air quality monitoring for PM10 and insistsSS insists that government organs of state must also be held accountable for breaches of the regulations,SS, as the AQA binds all organs of state.

APA

Centre for Environmental Rights (2017). SUBMISSIONS ON PROPOSED AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA). https://cer.org.za/wp-content/uploads/2018/05/CER-submissions-Dust-Control-Regulations-proposed-amendments-30-November....pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSIONS ON PROPOSED AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA). 2017. https://cer.org.za/wp-content/uploads/2018/05/CER-submissions-Dust-Control-Regulations-proposed-amendments-30-November....pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSIONS ON PROPOSED AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA) |date=30 November 2017 |url=https://cer.org.za/wp-content/uploads/2018/05/CER-submissions-Dust-Control-Regulations-proposed-amendments-30-November....pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2017submissions, author = {{Centre for Environmental Rights}}, title = {{SUBMISSIONS ON PROPOSED AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA)}}, publisher = {Centre for Environmental Rights}, year = {2017}, month = nov, url = {https://cer.org.za/wp-content/uploads/2018/05/CER-submissions-Dust-Control-Regulations-proposed-amendments-30-November....pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }