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Core Purpose

The Central Government amends the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025, by issuing the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026, under Section 27A of the Water (Prevention and Control of Pollution) Act, 1974.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, in consultation with the Central Pollution Control Board, issued Notification G.S.R. 63(E) on January 23, 2026, to amend its previous notification G.S.R. 85 (E) dated January 30, 2025, which established the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines. These new guidelines, titled the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026, come into force upon their publication in the Official Gazette. The amendments, enacted under Section 27A of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), introduce definitions for 'Registered Environment Auditor' (as defined under the Environment Audit Rules, 2025) and 'online portal' (the unified consent and authorization management portal). They revise the application process for consent to establish or operate an industrial plant under Section 25 of the Act, requiring applications in the Form set out in the First Schedule, accompanied by fees specified by the State Government or Union territory Administration as per paragraph 5. The validity of consent to operate is now indefinite until cancelled in accordance with paragraph 13. State Governments or Union territory Administrations may determine a one-time fee for consent to operate for periods ranging from 5 to 25 years. Procedures for inquiry on consent applications now permit Project Proponents to engage Registered Environment Auditors for inspections, and consent to establish is deemed granted for Micro and Small units located in notified Industrial Estates or areas upon submission of a self-certified application in Form-I. A single-step procedure is introduced for granting consent under Section 25 of the Act concurrently with authorization under various Waste Management Rules notified under the Environment (Protection) Act, 1986. Processing timelines for certain consent applications are updated, and conditions for new industrial units are to be imposed by the Expert Appraisal Committee (EAC) or the concerned State Board. Paragraph 12 of the principal guidelines is omitted, and specific renewal provisions and fee payment terms are modified in paragraph 13. A significant amendment mandates the Central Board, in consultation with State Boards, to develop an online portal within six months to one year for processing all applications for consent under Section 25 of the Act, with the Central Board authorized to charge a five percent service fee credited to its fund under Section 36 of the Act. The First Schedule (FORM II) is amended to remove references to "renewal of consent", and the Second Schedule provides a detailed definition of "Capital Investment" for fee calculation purposes, including provisions for lease land.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-27012026-269603 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 62] NEW DELHI, TUESDAY, JANUARY 27, 2026/MAGHA 7, 1947 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 23rd January, 2026 G.S.R. 63(E).- In exercise of the powers conferred by section 27A of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the Central Government, after consultation with Central Pollution Control Board, hereby makes the following amendments in the notification of the Government of India, Ministry of Environment, Forest and Climate Change published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 85 (E), dated 30th January, 2025, (hereinafter referred to as the said guidelines), namely:- 1. Short title and commencement. – (1) These guidelines may be called the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the said guidelines, in paragraph 2, - (i) in sub-paragraph (1), after clause (b), following clause shall be inserted, namely: - "(ba) 'Registered Environment Auditor', means Environment Auditor as defined under the Environment Audit Rules, 2025;"; (ii) after clause (e), the following clause shall be inserted, namely: - "(ea) 'online portal', means the unified consent and authorization management portal;"; (iii) for sub-paragraph (i), the following sub-paragraph shall be substituted, namely: - "(2) The words and expression used but not defined in these guidelines and defined in the Act or rules shall have the meaning respectively assigned to them in Act and rules". 3. In the said guidelines, for paragraph 3, the following paragraph shall be substituted, namely: - "3. Form of application for consent and fees. - Every application for consent to establish or operate an industrial plant under section 25 of the Act shall be made in the Form set out under the First Schedule and shall contain the particulars of the industrial plant and such other particulars as set out in the Form and also shall be accompanied by the fee as specified by state government or Union territory Administration, as the case may be in accordance with provisions of para 5 of these guidelines."; 4. In the said guidelines, in paragraph 4, for sub-paragraph (3), the following sub-paragraph shall be substituted. "(3) Once granted, the consent to operate shall continue to remain valid till it is cancelled in accordance with the provisions of paragraph 13 of these guidelines"; 5. In the said guidelines, in paragraph 5, - (i) for sub-paragraph (1), the following sub-paragraph shall be substituted, namely:- "(1) The State Government or Union territory Administration may determine one-time fee for consent to operate for any duration of period of 5 to 25 years as may be applied for by the Project Proponent: Provided that the Project Proponent shall have to pay such fee for further extension of period from 5 to 25 years, after the expiry of such period for which one-time fee has been paid earlier."; (ii) in sub-paragraph (2), for the words "the State Government", the words "the State Government in consultation with State Board" shall be substituted.; 6. In said guidelines, for paragraph 6, the following paragraph shall be substituted, namely: - "6. Procedure for making enquiry on application for consent.-(1) On receipt of an application for consent, the State Board may depute any of its officers to visit and inspect any place or premises under the control of the applicant or the occupier, for verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information, which in the opinion of such officer are essential or the concerned Project Proponent may engage the services of Registered Environment Auditor for visiting any place or premises under the control of the applicant or the occupier, for verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information, which in the opinion of such Registered Environment Auditor are essential. (2) The officer of the State Board referred to in sub-paragraph (1), for that purpose, may inspect any place or premises where solid, liquid or gaseous emission from the chimney or fugitive emissions from any location within the premises are discharged, and such officer may require the applicant or the occupier to furnish to him any plans, specifications or other data relating to control equipment or systems or any part thereof that he considers necessary. (3) The Registered Environment Auditor referred to in sub-paragraph (1), for that purpose, may visit any place or premises where solid, liquid or gaseous emission from the chimney or fugitive emissions from any location within the premises are discharged, and such Registered Environment Auditor may require the applicant or the occupier to furnish to him any plans, specifications or other data relating to control equipment or systems or any part thereof that he considers necessary. (4) The officer referred to in sub-paragraph (1) shall, before visiting any of the premises of the applicant, give notice to the applicant of his intention to do so. (5) The applicant shall furnish to such officer all information and provide all facilities for inspection as reasonably may be necessary. (6) For the purpose of enabling a State Board to perform any of its functions including the functions conferred on it by or under this guideline, the State Board may engage Registered Environment Auditor in accordance with the Environment Audit Rules, 2025, and its amendments from time to time. (7) For Micro and Small units located in Industrial Estates or Industrial area duly notified by the State Government / Union Territory Administration or the concerned local body, consent to establish shall be deemed to be granted once the self-certified application is submitted in Form-I by the concerned Project Proponent."; 7. In the said guidelines, for paragraph 7, the following paragraph shall be substituted, namely: - "7. Consolidated Consent and Authorization for Hazardous and Other Wastes: - A single-step procedure shall be adopted for granting consent under section 25 of the Act along with authorization under various Waste Management Rules notified under the Environment (Protection) Act, 1986, as may be applicable."; 8. In the said guidelines, in paragraph 8, in sub-paragraph (1), in the Table, - (i) against the Sl. No.1, in column (2), the words "or refusal” shall be omitted; (ii) against the Sl No.3 and entries relating thereto, the following Sl. No. and entries shall be substituted, namely: - +-----+-----------------------------------+-----+-----+-----+ | (1) | (2) | (3) | (4) | (5) | +=====+===================================+=====+=====+=====+ | "3 | Grant or refusal of | 90 | 60 | 30" | | | consent to operate | | | | | | for expansion or | | | | | | amendment | | | | +-----+-----------------------------------+-----+-----+-----+ 9. In the said guidelines, for paragraph 9, the following paragraph shall be substituted, namely: - "9. Procedure for selection of location – Specific and/or General conditions related to establishing a new industrial unit at a location along with the appropriate environment safeguards and/ or mitigation measures, in view of site condition on the ground shall be imposed, in the case of an industrial unit requiring Environment Clearance (EC), by the concerned Expert Appraisal Committee (EAC) at the Central /State level, and in other cases, by the concerned State Board.". 10. In the said guidelines, in paragraph 10, - (i) for sub-paragraph (4), the following sub-paragraph shall be substituted, namely: - "(4) On receipt of an application for consent, the State Board may depute any of its officers to visit and inspect any place or premises under the control of the applicant or the occupier, for verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information, which in the opinion of such officer are essential or the concerned Project Proponent may engage the services of Registered Environment Auditor for visiting any place or premises under the control of the applicant or the occupier, for verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information, which in the opinion of such Registered Environment Auditor are essential." (ii) in sub-paragraph (5), after the words, brackets and figure" sub-paragraph (4)", the words "by the officer deputed by the State Board or by the Registered Environment Auditor engaged by the Project Proponent, as the case may be" shall be inserted. (iii) after sub-paragraph (6), the following sub-paragraph shall be inserted, namely: - "(7) For Micro and Small units located in Industrial Estates or Industrial area duly notified by the State Government or Union territory Administration or the concerned local body, consent to establish shall be deemed to be granted once the self-certified application is submitted in Form-I by the concerned Project Proponent.". 11. In the said guidelines, in paragraph 11, – (i) for sub-paragraph (3), the following sub-paragraph shall be substituted, namely: - "(3) On receipt of an application for consent, the State Board may depute any of its officers to visit and inspect any place or premises under the control of the applicant or the occupier, for verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information, which in the opinion of such officer are essential or the concerned Project Proponent may engage the services of Registered Environment Auditor for visiting any place or premises under the control of the applicant or the occupier, for verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information, which in the opinion of such Registered Environment Auditor are essential."; (ii) in sub-paragraph (4), after the words, brackets and figure" sub-paragraph (3)", the words “by the officer deputed by the State Board or by the Registered Environment Auditor engaged by the Project Proponent, as the case may be" shall be inserted. (iii) sub- paragraph (6) shall be omitted. 12. In the said guidelines, paragraph 12 shall be omitted. 13. In said guidelines, in paragraph 13,- (i) in sub-paragraph (1), the words "or refuse the renewal of the consent expiry", shall be omitted. (ii) in sub-paragraph (2), in clause (ix), for the words “non-payment of any fee,", the words "non-payment of any prescribed fee," shall be substituted. 14. In said guidelines, for paragraph 16, the following paragraph shall be substituted, namely:- "16. Portal for implementation of these guidelines. -(1) The Central Board, in consultation with the State Boards, shall develop an online portal for the purposes of these guidelines, preferably within six months, and not later than one year from the date of notification of these guidelines. (2) After the portal is operational, all applications for grant of consent under section 25 of the Act, verification, site inspection, refusal or cancellation, shall be processed and disposed of only through such portal, in all states and union territories. (3) Till the portal becomes operational, applications for grant of consent under section 25 of the Act, including verification, site inspection, refusal or cancellation may be processed through the existing arrangement in accordance with these guidelines. (4) The portal shall act as a single point data repository with respect to management and implementation of these guidelines. (5) The Central Board may charge five per cent of the fee received with applications for consent to establish and operate, as service fee which shall be credited to the fund of the Central Pollution Control Board in accordance with the section 36 of the Act.". 15. In said guidelines, in FIRST SCHEDULE, - (i) in "FORM II", the words "or renewal of consent" shall be omitted. (ii) in PART A: GENERAL, against S. No. 1.2, for the entries "Expansion/Renewal/ Validity Extension/ Transfer", the entries "Expansion/ Transfer", shall be substituted. (iii) under sub-heading “Mandatory Documents to be enclosed for grant of Consent to Operate", in paragraph 3, the words " and renewal" shall be omitted. 16. In said guidelines, in THE SECOND SCHEDULE, - (i) in paragraph A, in sub-paragraph 1, after clause (g) the following Note shall be inserted, namely: - "Note: -" Capital Investment" means the investment made on fixed assets i.e. Land, Buildings including Staff Quarters, Guest House etc. within industrial premises (or) townships, plants and machinery or equipment including the cost of investment on pollution control without depreciation. The running Operation and Maintenance cost and other revenue expenditure shall not be included under this head. In case of an industry operating in lease land and / or building or any other assets, ten times the annual lease value is to be taken as equivalent as land cost in Capital Investment (or) Guidance Value of property / land, whichever is higher.” (ii) in paragraph C, for the words, figures and brackets “of consent as given in para 4(3)" the words, brackets and figures "in accordance with sub-paragraph (1) of paragraph 5 of these guidelines.". [F. No. Q-15012/2/2022-CPW/e-240803] NEELESH KUMAR SAH, Jt. Secy. Note: - The principal guidelines were published in Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 85 (E), dated 30th January, 2025. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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