National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)RegulationsNational Dust Control Regulations, 20266. Development of a Dust Management Plan |
| (1) | An identified person in regulation 3(a) or (b), must within 60 days of the coming into operation of these Regulations, develop and submit for approval, a dust management plan to any of the air quality officers in the municipality where dust is generated. |
| (2) | An identified person in regulation 3(c) must within 60 days of the coming into operation of these Regulations, develop and submit for approval, a dust management plan to the relevant licencing authority. |
| (3) | An identified person referred to in regulation 3(a), (b) or (c) who has not yet commenced activities when these Regulations come into operation, must develop and submit for approval, a dust management plan to the air quality officer or licencing authority contemplated in subregulation (1) or (2), prior to commencement of the activity. |
| (4) | The licensing authority must upon approval of a dust management plan, incorporate an approved dust management plan into the atmospheric emission license for listed activities that are likely to generate dust emissions. |
| (5) | An identified person in regulation 3(d) and (e) must, upon receipt of a written notice from an air quality officer, develop and submit a dust management plan for approval within the timeframe determined by an air quality officer. |
| (6) | The timeframe determined by the air quality officer in regulation 6(5) may not exceed 60 days. |
| (7) | An air quality officer or licensing authority must, within 60 days of receipt of a dust management plan, |
| (i) | approve the plan for implementation if it meets the requirements of regulation 7; or |
| (ii) | refer the plan back to the identified person for amendment. |
| (8) | The identified person in regulation 3 must implement an approved dust management plan from the date of commencement of the activities or, where activities have already commenced, from the date of approval of the plan. |