As we move into April, March’s regulatory output confirms a familiar pattern: no sweeping overhauls, just a steady accumulation of rules, refinements and obligations — the kind that quietly expand compliance checklists while no one is looking.
Here are the highlights:
Dust Happens — Document It
The new National Dust Control Regulations keep the same limits but raise expectations: if your operations generate dust, you now need a formal dust management plan — and regular reports to prove you mean it. Dust, it seems, now comes with paperwork.
Exemptions, But Make It Procedural
Draft Waste Act exemption regulations introduce a more structured route to relief. Encouraging in principle, although “streamlined” still involves applications, approvals, and discretion. In short: possible, but not effortless.
Air Quality: Now Covering Even More Ground
The Vaal Triangle Airshed Priority Area has been expanded, extending regulatory oversight across a wider footprint. Same air — just more of it under supervision.
Water Use — With Conditions Attached
New restrictions in a key water management area reinforce a continuing theme: water use is increasingly controlled, and planning ahead is no longer optional.
Return to Work, Reimagined
New regulations under the Compensation for Occupational Injuries and Diseases Act place rehabilitation and reintegration front and centre. Employers are now expected to take an active, structured role — including appointing dedicated representatives and embedding processes into HR policies. A clear shift from reactive to managed recovery.
No Registration, No Access
Third parties engaging with the Compensation Fund must now register. The system is tightening — and informal participation is no longer part of it.
Hazardous Substances — Delayed, Not Forgotten
Implementation deadlines have been pushed out to 2027. A temporary reprieve, but not a permanent one.
Diving Rules Adjust to Reality
An exemption for commercial diving schools acknowledges a practical gap left by an international body stepping away — a rare instance of regulation adapting to circumstances on the ground.
Vinegar Under Review
Updated classification and labelling rules serve as a reminder that even the most unassuming products are not beyond regulatory attention.
By-laws, By-laws Everywhere
At municipal level, a wave of new and updated by-laws — covering waste, water, fire safety, health services and more — signals ongoing efforts to tighten and modernise local governance. Many come with future commencement dates, making forward planning essential.
In Summary
March was less about headline changes and more about incremental pressure: additional plans to draft, roles to assign, registrations to complete, and timelines to track.
Nothing dramatic — just the steady, unmistakable expansion of compliance in all the usual places.
Legal developments during March 2026 in detail:
NATIONAL LEGISLATION
ENVIRONMENTAL LEGISLATION
1) Waste Act
- Draft National Waste Exemption Regulations
Draft Regulations were published for comment. Their intended purpose is to regulate the process of applying for an exemption in terms of the Act but excluding an exemption from the requirement to obtain a waste management licence or the requirement to register in terms of the applicable Norms and Standards, and the requirement to conduct public participation.
The Minister of Forestry, Fisheries and the Environment, the Minister of Mineral Resources and Energy or MEC, as the case may be, can issue a notice in the Government Gazette to exempt a certain category of persons.
An exemption authorisation can be transferred to a new owner, but an application must first be lodged with the above officials.
2) Biodiversity Act
- Non-detriment findings for certain Species listed in terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Various fauna and flora species are mentioned in this document and which may be harvested or exported.
- Delegation of Powers
The Minister of Forestry, Fisheries and the Environment delegated the power to enforce the duty of care relating to listed invasive species (section 73 of the Biodiversity Act) to the Minister of Water and Sanitation.
3) Air Quality Act
- Amendment and expansion of the Vaal Triangle Air-shed Priority Area
The boundary of the declared Vaal Triangle Air-shed Priority Area was expanded to include the West Rand District Municipality (and its three local municipalities, namely Mogale City, Merafong City and Rand West City) and the remaining area of the City of Johannesburg (all administrative regions of the City are now covered).
- National Dust Control Regulations (new)
New Regulations replacing those from 2013 were promulgated.
While they are fairly similar to the old ones in that the dustfall rates/limits for residential and non-residential areas remain the same at D ≤ 600 and D ≤ 1200 respectively, the scope and application has changed.
Reg 3 states that the new Regulations apply nationally to:
(a) 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, 2002 (Act No. 28 of 2002);
(b) any person conducting reclamation;
(c) any person conducting a listed activity and is required in terms of the provisional or atmospheric emission licence to develop a dust management plan;
(d) any person conducting a controlled emitter that has the potential to generate dust; and
(e) any person conducting an activity that an air quality officer reasonably suspects is causing or has the potential to cause nuisance by dust.
What is also new is that a dust management plan is required (Reg 6) for the following:
(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.
Reg 7 sets out the contents of the dust management plan.
Persons identified in Reg 3(a), (b) and (e) must submit a report on the implementation of the plan to the air quality officer at monthly intervals or as may be required by the latter. Persons identified in Reg 3(c) must submit a report on the implementation of an approved dust management plan to the licensing authority at monthly intervals or as may be required by the licensing authority.
4) Preservation and Development of Agricultural Land Act
- Draft Regulations
This Act is not yet in force, but draft Regulations were published for public comment.
5) Marine Oil Pollution (Preparedness, Response and Cooperation) Act
This new Act will only commence on a date to be proclaimed by the President in the Government Gazette. It will then amend:
- Sections 3, 37 and 38, as well as the Schedule, of the South African Maritime Safety Authority Act, 1998
- Section 1 of the South African Maritime Safety Authority Levies Act, 1998.
6) National Water Act
- Mzimvubu-Tsitsikamma Water Management Area (WMA 5)
A notice limiting the use of water in terms of item 6 of Schedule 3 of the Act for urban, agricultural, and industrial (including mining) purposes was published for the above water management area.
HEALTH AND SAFETY LEGISLATION
7) Compensation for Occupational Injuries and Diseases Act
- Regulations on Chapter XA Inspection Compliance and Enforcement, 2026
These new Regulations set out powers and duties of inspectors.
- Rehabilitation, Reintegration and Return-to-Work Regulations, 2026
According to Reg 2 the provision is to prioritise a comprehensive and person-centred approach to facilitate the seamless transition of employees who sustained or contracted occupational injuries or diseases into the workforce. This application encompasses early intervention, holistic rehabilitation programmes, sustainable reintegration, provision of assistive devices and technology and collaboration between relevant stakeholders, reasonable workplace accommodations, vocational rehabilitation interventions, and ongoing support to optimise the affected employees’ physical, psychological, and social well-being.
An employer or an employer individually liable shall designate or appoint an employee health and wellness representative to act as liaison officer between the Compensation Fund or the Licensee relating to rehabilitation, reintegration, and return-to-work matters for their business establishment. The representative will further be the liaison between the employees who contracted an occupational injury/disease and the medical and rehabilitation service providers. The representative shall have the necessary knowledge, skill and competencies in the application of the Regulations.
The Compensation Fund, Licensee and employer individually liable shall provide access to facilities, services and benefits to rehabilitate employees to return-to-work. Where an employee suffered a permanent or temporary total disablement because of an occupational injury/disease, the Compensation Fund, Licensee, or employer individually liable shall, with the consent of the employee, provide the latter with access to rehabilitation programmes to assist in restoring the employee’s health, independent living and participation in the labour market and society.
An employer or employer individually liable must facilitate access to rehabilitation for employees and assist in their reintegration into the workplace as far as reasonably practicable.
An employer who participates in rehabilitation, reintegration and return-to-work in terms of section 85(3) or an employer individually liable shall include rehabilitation, reintegration and return-to-work provisions within their applicable human resources policies. The policy provisions must be freely accessible and communicated to all employees in writing.
The Compensation Fund or Licensee may only trade with a rehabilitation healthcare provider who meets the requirements set out in Reg 15.
Rehabilitation healthcare and frail care facility are only permitted to render services if they satisfy the requirements of Reg 17 which includes various registrations.
Employees undergoing rehabilitation shall not forfeit their compensation benefits payable under the Act as the case may be.
- Regulations for the Registration of Third Parties that are Transacting with the Compensation Fund, 2026
Following the changes introduced by the Compensation for Occupational Injuries and Diseases Amendment Act, 10 of 2022, on 23 January 2026 no third party will be allowed to transact with the Compensation Fund unless they are registered with the latter. Third parties already transacting with the Fund must register within six month (23 July 2026).
Information that must be supplied as part of the registration is described in Reg 3.
Third parties transacting on behalf of employers must submit a signed list of employers to be represented.
- Regulations relating to Prescription, 2026
These new Regulations include all accidents which occurred and all diseases which were diagnosed prior to 23 January 2026 when the Compensation for Occupational Injuries and Diseases Amendment Act, 10 of 2022, entered into force.
Claims reported shall prescribe three years after the date of the accident, date of the diagnosis of occupational disease or date of treatment.
Claims for domestic employees shall be considered retrospectively to 27 April 1994, whether they were reported or not, however, such claims must be reported in the prescribed manner to the Compensation Commissioner by 23 January 2029.
8) Hazardous Substances Act
In terms of GN 6093 of 4 April 2025 the following were supposed to enter into force on 5 October 2025:
- Group I, Category A, Hazardous Substances Declaration
- Group I, Category B, Hazardous Substances Declaration
- Group II Hazardous Substances Declaration
A notice was now published in GN 7221 of 13 March 2026 extending their implementation dates to 13 September 2027.
9) Occupational Health and Safety Act
- Commercial Diving Regulations – Exemption
A notice was published by the Chief Inspector in terms of which all Class II commercial diving schools are exempted from the provisions of Reg 3(3) (i.e. that the school must be registered with the International Marine Contractors Association (IMCA)). This is because the association has ceased registering Class II commercial diving schools.
- Noise Exposure Regulations – Exemption
An exemption for Reg 8(3) was granted by the Chief Inspector so that a Type 2 personal noise exposure meter may be used to determine the noise zone for single-seat mobile plant or machinery that does not operate from a fixed location. Some conditions were attached to this exemption. It is valid for three years from date of signature (which was 2 February 2026, but the notice was only published in the Government Gazette on 20 March 2026).
FOODSTUFFS LEGISLATION
10) Agricultural Product Standards Act
- Regulations relating to the classification, packing and marking of Vinegar and Imitation Vinegar intended for sale in the Republic of South Africa – Amendment
The above Regulations were amended.
PROVINCIAL LEGISLATION
11) Draft Eastern Cape Provincial Coastal Management Programme
The province released the draft programme for public comment.
No other relevant provincial legislation was passed this month.
MUNICIPAL LEGISLATION
12) Alfred Nzo District Municipality
The municipality made the following changes:
- A new Municipal Health Services By-law was published
- A new Fire Safety By-Law was brought out which repeals the 2009 Fire Safety By-law.
13) Mkhondo Local Municipality
The municipality passed these new relevant by-laws:
- Keeping of Domestic Animals By-law
- Nuisance By-law
- Waste By-laws
- By-law for Sand Mining.
14) Ba-Phalaborwa Local Municipality
The Control of Outdoor Advertising By-laws were promulgated which simultaneously repealed the 2009 Advertising By-laws.
15) OR Tambo District Municipality
The municipality passed the following new by-laws:
- Fire Safety By-law (the 2007 By-law relating to Fire Safety was repealed)
- By-law relating to Water Supply, Sanitation and Industrial Effluent (the 2006 Water and Sanitation By-laws were repealed)
- Water Services By-law
- Waste Management By-law (sections 29 and 30(1) will only commence on 10 March 2027, and section 30(2) on 10 March 2028)
- Municipal Health By-law.
16) Nyandeni Local Municipality
The Building Control By-law was published.
17) Rand West City Local Municipality
Publication of notice on the approval of the Outdoor Advertising By-law, 2025.
18) Lejweleputswa District Municipality
The Municipal Health Services By-law was passed.
19) Msunduzi Local Municipality
The municipality published the Waste Management By-law. While not expressly stating so, it presumably repeals the 2012 Waste Management By-law.
Feel free to download the newsletter: Monthly SHE and Foodstuffs Legal Newsletter of what happened in March 2026: More Rules, Same Dust
As always, should you need help interpreting the latest additions to the regulatory landscape — or simply confirming whether your dust now requires a management plan — we are here to assist.
Kind regards
Mark Dittke