2026 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
On 23 January 2026 the Central Government notified the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026 (G.S.R. 62(E)) and the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026 (G.S.R. 63(E)). They amend the guidelines of January 2025 (G.S.R. 84(E) and 85(E)) and came into force on publication. The two amendments are almost identical, so this article reads them together.
The Air guidelines are current as amended up to G.S.R. 62(E) and the Water guidelines up to G.S.R. 63(E), both dated 23 January 2026. Later amendments, CPCB guidelines and notifications should be checked. The Water guidelines operate where the Water (Prevention and Control of Pollution) Amendment Act, 2024 applies. If you hold or apply for consent and want your file aligned to the new text, our compliance documentation team can help.
Consent to operate, once granted, "shall continue to remain valid till it is cancelled" (paragraph 4(3)). The State sets a one-time fee for any duration of 5 to 25 years as the proponent applies (5(1)). Paragraph 12 on renewal is omitted. Consent and waste authorisation are granted in a single step (7). A Registered Environment Auditor may verify an application (6, 10, 11), and micro and small units in notified industrial estates get deemed consent to establish on a self-certified Form I (6(7), 10(7)).
Before and after, paragraph by paragraph
| Paragraph | Before (2025 text) | After (2026 amendment) |
|---|---|---|
| 2 (definitions) | No auditor or portal definitions | Inserted "Registered Environment Auditor" (Environment Auditor under the Environment Audit Rules, 2025) and "online portal" (the unified consent and authorization management portal); sub-paragraph (2) substituted |
| 3 (application and fees) | Sub-rules (2) and (3): five per cent rebate for renewal applications four months before expiry, and late fee of 25, 50 or 100 per cent by period of applying | Paragraph substituted: application in the First Schedule Form with the fee specified by the State or Union territory under paragraph 5; rebate and late fee provisions gone |
| 4(3) (validity) | Consent to operate valid five years (red), ten years (orange), fifteen years (green), with additional two years for blue category | Substituted: valid till cancelled under paragraph 13 |
| 5 (fee) | State fee up to the Second Schedule limit; rise of no more than ten per cent and once in two years | Sub-paragraph (1) substituted: one-time fee for consent to operate for any duration of 5 to 25 years as applied for, with fee payable again for further extension after expiry; sub-paragraph (2): State fee set "in consultation with State Board" |
| 6 (enquiry) | State Board officers inspect on notice | Substituted: the proponent may engage a Registered Environment Auditor to verify; State Board may engage auditors; deemed consent to establish for micro and small units in notified industrial estates or areas on a self-certified application in Form I |
| 7 (waste authorisation) | Single-step procedure with authorisation under the HOWM Rules, 2016 | Substituted: single-step procedure for consent along with authorisation under "various Waste Management Rules" notified under the Act, as applicable |
| 8 (time limits) | Table rows for establish (60, 45, 30 days), first-time operate (90, 60, 30) and renewal or expansion (120, 60, 30) | Row 1 reads "Grant" (refusal words omitted); row 3 reads "Grant or refusal of consent to operate for expansion or amendment" at 90, 60 and 30 days for red, orange and green; renewal gone |
| 9 (location) | Restrictions, distances by category and other criteria | Substituted: conditions on location and safeguards are imposed by the Expert Appraisal Committee where Environment Clearance is needed, and in other cases by the State Board |
| 10 (consent to establish) | Officer inspection | Sub-paragraphs (4) and (5): Registered Environment Auditor option; new (7) deemed consent for micro and small units |
| 11 (consent to operate) | Officer inspection | Sub-paragraphs (3) and (4): Registered Environment Auditor option; sub-paragraph (6) omitted |
| 12 (renewal) | Renewal application in Form II with compliance reports, Environmental Statement and annual returns | Omitted |
| 13 (refusal, cancellation) | Power to refuse renewal; "non-payment of any fee" ground | Words on refusing renewal omitted; "non-payment of any prescribed fee" |
| 16 (portal) | Portal within six months and not later than one year, covering renewal | Substituted: same timing; renewal deleted; applications processed on the portal once operational; five per cent service fee of the fee received goes to the CPCB fund |
| First Schedule | Form II and Part A referred to renewal | "or renewal of consent" omitted; "Expansion/ Transfer" only; "and renewal" omitted from mandatory documents |
| Second Schedule | Para C referred to para 4(3) | Note on "Capital Investment" added to paragraph A(1); para C refers to paragraph 5(1) |
What the changes mean in practice
Consent to operate no longer expires on a date
Because paragraph 4(3) now says consent to operate continues until it is cancelled, the old cycle of five, ten or fifteen years is replaced by the fee structure in paragraph 5(1): a one-time fee for a period of 5 to 25 years chosen by the proponent, and payment again for any further extension after that period. Paragraph 13 remains the route to cancellation, and "non-payment of any prescribed fee" is a ground. Our older posts on the CTE and CTO cycle were written before this change; read the CTO renewal post with this article in view, and see paragraphs 4 and 5 of the Air guidelines.
Verification by an auditor
The proponent may engage a Registered Environment Auditor, an Environment Auditor under the Environment Audit Rules, 2025, to visit the premises and verify the application, and the State Board may itself engage auditors. This is the main route by which the 2026 text introduces third-party verification; see paragraphs 9 to 11.
Deemed consent for small units
For micro and small units in industrial estates or areas notified by the State, Union territory or local body, consent to establish is deemed to be granted once the self-certified application in Form I is submitted. The text does not extend deemed consent to consent to operate.
One step with waste authorisation
Paragraph 7 widens the single-step procedure from the HOWM Rules to "various Waste Management Rules", as applicable. The HOWM authorisation is in rules 6 and 7.
Air and Water differences
The two amendments differ only in the sections cited: section 21 of the Air Act for consent in the Air version and section 25 of the Water Act in the Water version, and section 33 versus section 36 for the CPCB fund. See the full articles on the Air paragraphs 6 to 8 and the Water paragraphs 1 to 9.
Who is affected
Industrial units with consent under section 21 of the Air Act or section 25 of the Water Act, applicants for new consent, micro and small units in notified estates, State Boards and consultants. Units whose consent carries a validity date should read their consent letter together with paragraph 4(3), as the conditions of each consent are separate.
Example
Neel Textiles Private Limited holds consent to operate from before the amendment, valid to a stated date. The compliance team reads the consent letter and the new paragraph 4(3), checks the State's fee notification under paragraph 5, and plans to engage a Registered Environment Auditor if it applies for expansion, because paragraph 8 now speaks of consent for expansion or amendment rather than renewal.
Need help aligning your consent file to the 2026 text?
Consent letters, fee notifications and portal processes differ by State. Our compliance documentation team can help you reconcile your consent with the new paragraphs and prepare for extension, expansion or cancellation questions.
Key takeaways
- Consent to operate stays valid till cancelled; the one-time fee covers a period chosen between 5 and 25 years.
- Paragraph 12 (renewal) is gone, together with renewal rebate and late fee provisions.
- Registered Environment Auditors can verify applications; micro and small units in notified estates get deemed consent to establish.
- Consent is processed in one step with waste authorisations.
- The Air and Water amendments are the same text with different section references.
Read next
- Paragraphs 4 and 5 of the Air guidelines: validity and fees
- Paragraphs 10 to 18 of the Water guidelines
- Section 21 of the Air Act: consent to establish or operate
- Section 25 of the Water Act: consent to establish and operate
Disclaimer: Based on the environment rules, guidelines and notifications named above as published in the Gazette of India, read with every amendment notified up to 3 October 2026 that the article names (consolidated reading texts from the CPCB 2021 compilation and the Goa State Pollution Control Board 2025 compilation were checked against the amending notifications), as consulted on 3 October 2026. Later amendments, CPCB guidelines, State Board orders and fees should be checked. This article is general information, not legal advice; check the official text before acting.