The City's environmental planning and management department operates in accordance with several legal requirements. The starting point is stated clearly in Section 24 of the country's Constitution: "Everyone has the right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that:

• Prevent pollution and ecological degradation;
• Promote conservation; and
• Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development."

Based on this, the National Environmental Management Act of 1998 aims "to provide for co-operative, environmental governance by establishing principles for decision-making on matters affecting the environment, institutions that will promote co-operative governance and procedures for co-ordinating environmental functions exercised by organs of state; and to provide for matters connected therewith". The Municipal Systems Act, which governs how local government delivers basic services, stipulates that basic services should be delivered in a sustainable manner while promoting socially equitable development.

The other guiding legislation is the Environmental Impact Assessment Regulations Act, which requires environmental impact studies to be undertaken for new developments. The Environment Conservation Act further regulates the management of waste.

Sectoral legislation related to the National Environmental Management Act includes:

• The Air Quality Act, which promotes measures to improve air quality and delegates the issuing of air quality permits to local government;
• The Protected Areas Act, which requires the City to set aside land for conservation purposes;
• The Biodiversity Act, which provides for the protection of plant and animal species that may not necessarily be found in formally protected areas;
• The National Water Act, which promotes the management of water resources with the primary aim of providing water for the environment, and promotes river health and the protection of water resources for future generations; and
• The National Water Services Act, which regulates the promotion of water and sanitation services to all citizens.

A number of by-laws also regulate environmental planning, management and conservation, namely open space by-laws; health by-laws; and waste management by-laws.

Operational legislation that binds the environmental portfolio includes the Municipal Finance Management Act and the Occupational Health and Safety Act.

In performing its duties according to these laws and principles, the department undertakes a number of functions, including issuing waste licences and air permits and publishing the State of the Environment reports.

Waste licences
Environmental planning and management has taken over this function from the infrastructure and services department, allowing it to:

• Implement a licensing regime for all waste service providers to know the source and destination for all waste generated within the city;
• Plan for the provision of adequate disposal facilities and treatment sites for the city's waste streams; and
• Manage waste information to allow the department to track and trace waste information within the city's boundaries.

All commercial waste operators working in Johannesburg must be licensed in accordance with the waste management by-laws, propagated in 2004. There are about 2 000 such operators across the city.

In terms of the by-laws, garden waste operators do not need to be licensed. Operators who should be licensed include waste transporters, waste recyclers, waste collectors and disposal sites. Their activities include transporting, and storing, accumulating, collecting, managing, treating, sorting, disposing of, buying, selling and recycling, or any other manner of handling waste.

Air permits
In line with the National Environmental Management Act's air quality provisions, local government is now responsible for issuing permits relating to air pollution emissions. Once the requisite capacity has been established the City will appoint an air quality officer in line with legislative requirements. The permitting functions will involve and be supported by:

• The conversion of existing licences issued in terms of the Atmospheric Pollution Prevention Act to comply with the Air Quality Act;
• The regulation of controlled emitters from developments;
• The maintenance and management of air quality information using an emissions inventory; and
• The development of a dispersion model that will inform decision-making on the location and operation of controlled emitters.