Deemed consent 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 9 to 11 are the core of the Air consent route. Paragraph 9 says who sets location conditions for a new plant, paragraph 10 deals with consent to establish, and paragraph 11 with consent to operate. The 2026 amendment substituted paragraph 9, rewrote the inspection sub-paragraphs to allow Registered Environment Auditors, added deemed consent to establish for micro and small units, and omitted paragraph 12 on renewal.
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. If you are preparing a consent file, see our compliance documentation service.
Location conditions are imposed by the Expert Appraisal Committee where environmental clearance is needed and otherwise by the State Board (paragraph 9, substituted 2026). Consent to establish is applied for in Form I and consent to operate in Form II with compliance reports. Micro and small units in notified industrial estates get deemed consent to establish on a self-certified Form I (paragraph 10(7)). Paragraph 12 on renewal is omitted.
Paragraph 9: location (substituted in 2026)
The paragraph as substituted reads: "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."
In short, the body that sets site conditions depends on whether the unit needs environmental clearance:
| Unit | Who imposes location conditions |
|---|---|
| Needs Environment Clearance | The Expert Appraisal Committee, Central or State level |
| Does not need Environment Clearance | The State Board |
The original 2025 paragraph 9 contained restrictions for sensitive areas and minimum-distance requirements by category. The substituted paragraph does not repeat them; location conditions are now imposed case by case. Paragraph 10(2) still says that the plant "shall comply with criteria relating to location specified under paragraph 9", and paragraph 10(3) still says no plant shall be allowed in non-conforming, restricted or prohibited areas.
Paragraph 10: consent to establish
| Sub-paragraph | Provision |
|---|---|
| (1) | Every application for consent to establish under section 21 is made in Form I with the particulars and the fee, for a new plant and in case of expansion, modernisation or change of products or process before commissioning |
| (2) | The plant must comply with the location criteria under paragraph 9 |
| (3) | No plant may be set up in non-conforming, restricted or prohibited areas |
| (4) | As substituted: on receipt, the State Board may depute officers to inspect, or the project proponent may engage a Registered Environment Auditor to verify particulars |
| (5) | Consent is granted under section 21(4) with conditions based on the report under sub-paragraph (4), "by the officer deputed by the State Board or by the Registered Environment Auditor engaged by the Project Proponent, as the case may be": control equipment of specifications the Board approves installed and operated; kept at all times in good running condition; chimney, where necessary, of approved specifications erected; and such other conditions as the Board specifies |
| (6) | The conditions are complied with within the period the Board fixes |
| (7) | Inserted in 2026: for Micro and Small units in Industrial Estates or Industrial areas duly notified by the State Government, Union territory Administration or the concerned local body, consent to establish is deemed to be granted once the self-certified application is submitted in Form I |
The word "deemed" means that no order is awaited; consent arises on submission of the self-certified application. The conditions in sub-paragraph (5) still reflect what section 21(4) authorises, so a unit that relies on deemed consent should still plan for the equipment and chimney requirements in the Act and in the Board's norms. Whether a particular unit qualifies as micro or small is to be read from the law that classifies such units; the guidelines do not define the terms.
Paragraph 11: consent to operate
Once the plant is established with the requisite pollution control system and is ready to operate, the occupier "is required to obtain consent to operate" (paragraph 11(1)).
- 11(2): the application is made in Form II, with particulars and the fee for consent to operate, accompanied by a compliance report of the conditions in the consent to establish and, if applicable, a compliance report of the conditions in the environment clearance.
- 11(3), substituted: the Board may depute officers to inspect, or the proponent may engage a Registered Environment Auditor.
- 11(4), amended: consent is granted with conditions "based on the report made under sub-paragraph (3) by the officer deputed by the State Board or by the Registered Environment Auditor engaged by the Project Proponent, as the case may be". The conditions are: control equipment operated as approved; existing equipment not altered or replaced without the Board's approval; equipment kept in good running condition; and the chimney, where necessary, operated and maintained as approved and "connected to online continuous emission monitoring system, as applicable".
- 11(5): conditions are complied with within the period the Board specifies.
- 11(6), omitted in 2026: the earlier requirement that the consent specify its validity period. Validity is now governed by paragraph 4(3), under which consent to operate remains valid until cancelled; see paragraphs 4 and 5.
Paragraph 12: renewal omitted
The 2026 amendment says "paragraph 12 shall be omitted". It had required an application for renewal of consent to operate, with compliance reports, the environmental statement under the EP Rules, annual returns under the hazardous waste rules and a declaration of no change. Nothing in the amended guidelines replaces it with a renewal procedure. The environmental statement continues under rule 14 of the EP Rules as a separate duty.
A checklist for the two applications
- Find out who sets your location conditions: EAC if environmental clearance applies, otherwise the State Board.
- File Form I with the particulars and fee before establishing, expanding or changing products or process.
- Decide on inspection: Board officer or Registered Environment Auditor.
- Meet the conditions of the consent to establish within the period the Board sets.
- File Form II with compliance reports for the consent to establish and for any environment clearance.
- Keep the chimney and monitoring ready, including connection to an online continuous emission monitoring system where the Board requires it.
- Treat consent to operate as continuing: compliance, not renewal, keeps it alive.
Example
Arya Packaging, a micro unit in an industrial estate notified by the State Government, plans a small coating line. Its self-certified Form I is submitted to the State Board, and consent to establish is deemed granted on submission. The owner nonetheless installs a scrubber and a chimney to the Board's specifications. When commissioning is complete, the company files Form II with the compliance report on its consent to establish. The Board accepts a Registered Environment Auditor's report in place of an inspection by its own officer. The consent to operate is granted with a condition on keeping the equipment in good running condition.
Need help with Form I and Form II?
The reports behind these Forms are what the Board relies on. Our compliance documentation team can help you prepare the file, brief an auditor and keep the conditions tracker current.
Key takeaways
- Location conditions are set by the EAC where environmental clearance is needed, otherwise by the State Board.
- Consent to establish is by Form I; consent to operate is by Form II with compliance reports.
- Registered Environment Auditors may verify applications at the proponent's choice.
- Micro and Small units in notified industrial estates get deemed consent to establish on a self-certified Form I.
- Paragraph 12 on renewal is omitted; consent to operate continues until cancelled.
Read next
- Paragraphs 6-8: enquiry, common consent and authorisation, and time limits
- Paragraphs 13-18: refusal, cancellation, committees, portal and violations
- Section 21 of the Air Act: consent to establish or operate an industrial plant
- Documents required for pollution control CTE and CTO
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.