National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)RegulationsNational Dust Control Regulations, 20269. Monitoring and Reviewing of a Dust Management Plan |
| (1) | An air quality officer or licensing authority may require a person contemplated in regulation 3 to review an approved dust management plan if— |
| (a) | the report contemplated in regulations 8(1) and (2) demonstrates non-compliance with the dustfall rates; or |
| (b) | there is reasonable suspicion that dust control measures in the approved dust management plans are not adequately preventing, minimizing or managing dust including fugitive dust and are not preventing nuisance by dust. |
| (c) | there is addition of new dust generating activities to the existing operations, or expansion of existing dust generating activity within the operation. |
| (2) | The identified person in regulation 3(a), (b), (d) and (e) required to review an approved dust management plan contemplated in regulation 9(1), must submit the reviewed plan to the air quality officer within 60 days of the written notice. |
| (3) | The identified person in regulation 3(c) required to review an approved dust management plan contemplated in regulation 9(1), must submit the reviewed plan to the licensing authority within 60 days of the written notice. |
| (4) | An air quality officer or licensing authority must within 60 days of receipt of a reviewed dust management plan, approve the plan for the implementation, if it meets the requirements of regulation 7. |
| (5) | The identified person in regulation 3 must implement an approved reviewed dust management plan from the date of approval of the plan. |
| (6) | Pending the approval of the reviewed dust management plan contemplated in regulation 9(4), the existing approved dust management plan will remain valid with full legal force and effect. |