The Atmospheric Pollution Prevention Act (45) of 1965, as amended, is the primary mechanism in South Africa for the management and control of air pollution. This legislation provides for the following:

Control of noxious and offensive processes, commonly known as Scheduled Processes, of which there are 162 listed in schedule 2 of the Act. These processes are deemed to be subject to the practice of Best Practicable Means of pollution abatement ("BPM"). BPM is a set of guideline standards issued by the Department of Environmental Affairs and Tourism stipulating the level of technology that is the best, practicable means of preventing or reducing to a minimum the escape of noxious or offensive gases into the atmosphere at source. These guidelines are continually updated as new cleaner technologies are developed. The application of the BPM approach is controlled by the Chief Air Pollution Control Officer of the Department of Environmental Affairs and Tourism.

Control of smoke is enforced by local authorities through regulations and smoke control zone orders. These regulations are legislated in Part III of the Atmospheric Pollution Prevention Act but are only enforceable by local authorities in areas in which this part of the Act has been declared to be applicable. Heavy industrial zones are subjected to control in two ways. If an industry emits dark black smoke with 40% obscuration or more, the industry will be served a notice of intention to prosecute the offence and is given 7 days to respond. In addition, dark smoke emissions of longer duration than 3 minutes every half an hour are an offence and hence will be liable for prosecution. In the DMA, smoke control zones have been declared in Pinetown, New Germany, Amanzimtoti and Durban central.

Part III of the Atmospheric Pollution Prevention Act also stipulates permits for fuel burning appliances. The City of Durban Council's policy is to create buffer zones between residential areas and fuel burning industries, and to enforce the use of lower sulphur fuels in more sensitive areas.

Control of dust is enforced by the Government Mining Engineer and the Chief Air Pollution Control Officer, and applies typically to mining and quarrying operations.

Control of emissions from motor vehicles is a responsibility delegated by the Chief Air Pollution Control Officer to the City Police Department, but very little enforcement is carried out. Some duplications exist with the provisions of this act and the Road Traffic Act 29 of 1989 which also applies to motor vehicle emission controls. It empowers the Minister of Transport to make regulations regarding the emission of exhaust gas, smoke, fuel, oil, visible vapours, sparks, ash or grit from any vehicle operating on a public road.

The Department of Environmental Affairs and Tourism are currently in the process of revising the Act. Any amendments to the Act will need to be applied in the DMA.

Bylaws for occupational health and scheduled trades are promulgated under the Health Act 63 of 1977, and apply to all listed industrial and trade processes in the City of Durban only. The City Medical Officer of Health issues "Scheduled Trade" permits which are used to stipulate and enforce conditions of operational controls as may be deemed appropriate.

This section of the Ordinance provides the City Medical Officer of Health with the necessary powers to prosecute where a nuisance is being created. However since the level of "nuisance" will often be regarded as a subjective judgement, especially in terms of identifying unknown air pollution sources, this legislation is rarely used.