Paras 4 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.
Paragraphs 4 and 5 answer two practical questions: how long a consent lasts and what it costs. After the Amendment Guidelines, 2026 (G.S.R. 62(E)), consent to establish is valid for five years, extendable to seven, while consent to operate "shall continue to remain valid till it is cancelled". The fee for consent to operate becomes a one-time fee for a period the project proponent chooses.
These guidelines are current as amended up to the Amendment Guidelines, 2026 (G.S.R. 62(E), 23 January 2026). Later amendments, CPCB guidelines and State Board orders should be checked. For help in planning an application and its fee, see our compliance documentation service.
Consent to establish is valid for five years, extendable by up to two years to a total of seven (paragraph 4(1)-(2)). Consent to operate, once granted, remains valid till it is cancelled under paragraph 13 (paragraph 4(3), substituted in 2026). The State may fix a one-time fee for consent to operate for any period of 5 to 25 years as the proponent applies for (paragraph 5(1)), and the renewal route is gone because paragraph 12 is omitted.
Paragraph 4(1) and (2): consent to establish
Paragraph 4(1) says consent to establish "shall be valid for a period of five years from the date it is granted". Paragraph 4(2) allows the five years to be extended by a maximum period of two years, if an application is made, "thereby making the total period of validity seven years from the date of grant". Two features of the text matter:
- The extension is by application, so it does not happen automatically.
- Seven years is the ceiling; the extension is "a maximum period of two years".
Neither sub-paragraph was changed in 2026.
Paragraph 4(3): consent to operate valid until cancelled
The guidelines as issued in 2025 fixed the validity of consent to operate by colour category, with an extra period for the blue category. The 2026 amendment substituted sub-paragraph (3) with:
"(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."
The effect is that there is no fixed expiry for consent to operate, and the earlier category-wise periods do not apply. The ways a consent can end are in paragraph 13: refusal or cancellation on the listed grounds, after a reasonable opportunity of being heard and with reasons recorded in writing. See paragraphs 13 to 18.
Older guides on renewal of consent were written before this change and describe periods that no longer apply under paragraph 4(3); the article on renewal and validity of CTE and CTO should be read with that in mind.
The renewal paragraph is omitted
Paragraph 12 of the 2025 guidelines dealt with renewal of consent to operate. The 2026 amendment says "paragraph 12 shall be omitted". Related words were removed elsewhere: paragraph 13(1) lost the words "or refuse the renewal of the consent expiry", and the First Schedule's Form II lost the words "or renewal of consent". There is therefore no renewal application under these guidelines. Changes to the plant, such as expansion or amendment, still need consent: see the table in paragraph 8, explained in paragraphs 6 to 8.
Paragraph 5: the fee
Paragraph 5 has three sub-paragraphs.
5(1), substituted in 2026: "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." A proviso adds that the 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."
5(2): the amount of fee specified under the Second Schedule is "the upper limit of such fee", and the State Government (now "in consultation with State Board" after the 2026 change) may prescribe a lower amount; "there shall be no lower limit for fee, which may be of any level".
5(3): the fee "shall not be increased by more than ten per cent from the existing amount of fee within the limit prescribed" and "shall not be increased more than once in two years". The proviso adds that the fee may be reduced any number of times.
| Question | Answer under paragraph 5 |
|---|---|
| Who sets the fee? | The State Government or Union territory Administration, now in consultation with the State Board for lower amounts |
| Is there a ceiling? | Yes, the amount in the Second Schedule |
| Is there a floor? | No; any lower amount may be prescribed |
| How is consent to operate paid for? | A one-time fee for any duration of 5 to 25 years, as the proponent applies |
| What after the chosen period ends? | A fee for a further extension of 5 to 25 years |
| How fast can fees rise? | Not more than ten per cent, and not more than once in two years |
How the Second Schedule works out the fee is explained in the Schedule article. The 2026 amendment also changed paragraph C of that Schedule, so the fee for consent to operate is tied to the period under paragraph 5(1). This article gives no State figures, since they are fixed by each State.
What this means in practice
- Track the consent to establish: five years, and a maximum of two more by application. A plant not commissioned within the period needs the extension.
- Choose the period for the one-time fee: the proponent applies for the duration of 5 to 25 years. The choice sets the cash outlay now and the next payment later.
- Keep the conditions alive: because consent to operate does not expire, the main risk is cancellation under paragraph 13 for non-compliance, not lapse.
- Watch fee notifications: the State may change its fee within the ceiling, with the ten per cent and two-year limits in paragraph 5(3).
- Keep records of the fee paid and the period chosen, since they decide when a further extension fee falls due.
Example
Konkan Bearings Private Limited, an orange-category unit, obtained consent to establish in 2026. Construction is delayed by a year. Its adviser notes the five-year period and a possible two-year extension by application. When the plant is ready, the company applies for consent to operate and asks for a duration of ten years. It pays the one-time fee the State has fixed for that duration. The consent states no expiry, but the company keeps its monitoring, returns and fee records current, because the consent continues only until it is cancelled under paragraph 13. After ten years it will need to pay the fee for a further extension of the chosen period.
Need help with consent validity and fees?
The 2026 changes alter the planning of every consent calendar. Our compliance documentation team can help you review the consents you hold, update your compliance calendar and prepare the next application.
Key takeaways
- Consent to establish: five years, extendable by up to two years on application.
- Consent to operate: valid until cancelled under paragraph 13 (from the 2026 amendment).
- The State may fix a one-time fee for any duration of 5 to 25 years, as applied for; a further extension needs a further fee.
- The Second Schedule is the ceiling for fees; there is no floor; increases are capped at ten per cent and once in two years.
- Paragraph 12 on renewal is omitted.
Read next
- Paragraphs 6-8: enquiry, common consent and authorisation, and time limits
- The Schedule: consent fee methodology
- Paragraphs 1-3 of the Air consent guidelines: definitions and application
- Pollution control CTE and CTO fees and government charges
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.