On 28 August 2026, the Minister of Forestry, Fisheries and the Environment, Mr David Maynier, published for public comment proposed amendments to the Listed Activities and Associated Minimum Emission Standards identified in terms of section 21 (the MES Notice) of the National Environmental Management: Air Quality Act 39 of 2004 (NEMAQA). The proposed changes will significantly affect the activities and thresholds that trigger the need for an atmospheric emission licence (AEL). They also introduce a hard deadline for alternative emission limits under paragraph 12A of the MES Notice.
Building on the 2025 first-round comments
These are the second round of proposed amendments following the Department of Forestry, Fisheries and the Environment's (DFFE) first round, published on 29 August 2025. Both rounds aim to address regulatory shortfalls in the implementation of the current MES Notice, including improving the efficacy of licensing and reporting, strengthening pollution prevention, clarifying interpretation and implementing court orders. The 2026 round also responds to the two most significant comments received during public participation on the 2025 proposals.
Tightened compliance timeframe for hydrogen sulphide
In Subcategory 3.6 (Synthetic Gas Production and Cleanup), the compliance period for the tightened hydrogen sulphide (H₂S) limit has been shortened from three years to 12 months for both new and existing facilities. The DFFE says this change responds directly to community concerns about H₂S odour near affected facilities.
Sunset on alternative emission limits
Paragraph 12A, the mechanism for granting alternative emission limits, is amended to provide that no alternative limits may be granted beyond 31 March 2030. The DFFE intends this to end what it describes as perpetual postponement of minimum emission standards. On its face, the time bar applies only to new applications; limits already granted appear unaffected.
The most significant changes proposed by the 2026 amendments
Small boilers brought into the licensing net
Five new subcategories (1.7–1.11) are inserted into Category 1 (Combustion Installations) to regulate small boilers with a cumulative capacity of 50 MW or more net heat input per facility, split by fuel type. Operators that reach the threshold and do not currently hold an AEL must apply for one within 12 months of promulgation. Existing AEL holders must submit their licences for variation under section 46(1)(d) within the same window.
A comprehensive rewrite of the organic chemicals industry standards
Category 6 (Organic Chemicals Industry) is comprehensively rewritten. Subcategories 6.1–6.34 introduce standardised requirements for the storage, handling, loading and offloading of products with a vapour pressure above 14 kPa, including prescribed tank types, mandatory leak detection and repair (LDAR) programmes and vapour recovery or destruction units for throughputs above 50,000 m³ per annum. A uniform 12-month window applies for Category 6 operators to apply for an AEL or vary an existing licence. A new Subcategory 6.1 also introduces tailored PM, NOx and SO₂ limits for combustion installations with a design capacity of 50 MW or more.
Precious and base metal production and refining: scope change
Subcategory 4.17 (Precious and Base Metal Production and Refining) is substituted with unchanged emission limits but two scope changes. First, the exclusion of Category 7 inorganic chemicals activities is removed. Although the reciprocal exclusion in the substituted Subcategory 7.2 is retained, the boundary is now anchored only in Category 7. Second, a new application threshold of 500 g or more of product per month replaces "all installations".
Subcategory 4.7 is also expanded to include "Ladle Furnaces", with existing ladle furnaces given 24 months to comply and new ladle furnaces required to comply immediately. As drafted, however, the ladle furnace transitional provisions sit under Subcategory 4.17's special arrangements rather than Subcategory 4.7 itself, creating ambiguity about their scope.
Metal recovery: secondary aluminium carved out
Subcategory 4.21 (Metal Recovery) is substituted with unchanged emission limits but two scope changes: secondary aluminium production is carved out to Subcategory 4.4 and the description is expanded to cover recovery from "scrap metal and/or material and waste material" (currently "scrap material"). The addition of "waste material" may bring waste-derived metal recovery within scope for the first time.
Storage and handling of ore and coal: scope changes
Subcategory 5.1 (Storage and/or Handling of Ore and Coal) is substituted. Dustfall compliance must now be addressed through a dust mitigation plan in the facility's AEL and ore of a hazardous nature must be stored in enclosed facilities.
More significantly, the scope exclusion shifts from facilities "on the premises of a mine or works as defined in the Mines Health and Safety Act" to facilities "in a mining area as defined in the Mineral and Petroleum Resources Development Act". Because the MPRDA definition is narrower, historic mine dumps fall outside the MPRDA but are arguably captured under the MHSA, this change could extend the AEL requirement to additional ore and coal storage facilities.
Acid production standards: scope and threshold changes
Subcategory 7.2 (Production of Acids) is substituted with emission limits largely unchanged but with three notable scope and threshold shifts: "bulk handling" is removed from the activity description; the hydrogen chloride standard for secondary production is expanded to cover the use in the manufacture of hydrochloric acid; and the existing plant NOx limit of 2,000 mg/Nm³ is removed entirely, leaving only the new plant limit of 350 mg/Nm³.
New standards for animal matter processing
A new Subcategory 10.1 (Animal Matter Processing) introduces limits for H₂S, ammonia and total VOCs, backed by odour management and equipment-sealing requirements. Particulate matter is not regulated. Facilities authorised before promulgation have five years to comply, while those authorised afterwards must comply immediately.
Housekeeping: design thresholds and start-up and shut-down periods
A new paragraph (1A) in Part 2 confirms that all rates and thresholds in the MES Notice refer to design rates or thresholds. Paragraph (3) caps normal start-up and shut-down periods at 48 hours unless the licensing authority specifies otherwise.
What should you do now?
The proposed amendments, if promulgated, will materially affect regulated emitters. The comment period closes on 27 September 2026. If your business could be affected, now is the time to review the proposals and submit comments.
