SUBMISSIONS ON THE 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-based organisations, submitted comments to the Department of Environmental Affairs (DEA) regarding the 2018 Draft Amendments to the National Dust Control Regulations 2013. The CER argues that the draft regulations remain inadequate for protecting human health and the environment, particularly for mining-affected communities, and calls for more rigorous enforcement, better monitoring methods, and the inclusion of specific health-related analyses for toxic dust.

• The CER supports the inclusion of "mining operations" and "listed activities" in the draft Regulations 9 and 15 regarding fugitive dust emission management plans, but warns that this is "futile without rigorous and effective enforcement".
• The document criticizes the use of the American Standard for Testing and Materials (ASTM) D1739 as the standard test method for measuring dustfall rate, stating it is "not fit-for-purpose" because its extended averaging period prevents immediate responses to short-term events like wind storms or demolition.
• The CER argues that the definition of "residential area" may exclude informal and traditional areas near mines, potentially subjecting these vulnerable communities to higher dust levels (D ≤ 1200), which would contravene the National Environmental Management Act, 1998 (NEMA) and the Constitution.
• The submission highlights the critical role of local government in priority areas, noting that in the Highveld Priority Area (HPA), 49% of Particulate Matter (PM10) emissions originate from mine haul roads.
• The CER recommends that the regulations require annual geochemical, chemical, and radionuclide analysis of dust from tailings storage facilities to determine radiological and chemical toxicity, as these pose severe health risks to affected communities.
• The CER proposes that the term "may" in draft Regulation 18 be replaced with "must" to make the monitoring of PM10 mandatory in accordance with ambient air quality standards.
• The CER objects to the proposed effective date of 1 November 2019 for the regulations, arguing that the delay is unacceptable given the urgency of reducing emissions in industrialised priority areas and the Highveld.

APA

Centre for Environmental Rights (2018). SUBMISSIONS ON THE 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/2018/06/CER-Written-Submissions-Dust-Control-Regulations-25-June-2018-1.pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSIONS ON THE AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA). 2018. https://cer.org.za/wp-content/uploads/2018/06/CER-Written-Submissions-Dust-Control-Regulations-25-June-2018-1.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSIONS ON THE AMENDMENTS TO THE NATIONAL DUST CONTROL REGULATIONS 2013 PUBLISHED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (AQA) |date=25 June 2018 |url=https://cer.org.za/wp-content/uploads/2018/06/CER-Written-Submissions-Dust-Control-Regulations-25-June-2018-1.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2018submissions, author = {{Centre for Environmental Rights}}, title = {{SUBMISSIONS ON THE 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 = {2018}, month = jun, url = {https://cer.org.za/wp-content/uploads/2018/06/CER-Written-Submissions-Dust-Control-Regulations-25-June-2018-1.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }