MoEF & CC Notification Jan 2025 - Chapter - 3
MoEF & CC Notification Jan 2025 - Chapter - 3
3(i)]
CHAPTER 3
CRITERIA FOR ESTABLISHMENT OF INDUSTRIAL PLANT
9. Procedure for selection of location. - (1) Restrictions on establishing an industrial unit at a location may be
imposed taking into account the technological and scientific developments that have taken place in industrial planning
and manufacturing process in order to protect the sensitive areas, such as national parks, sanctuaries, wetlands and
archaeological monuments.
(2) The industrial unit shall comply with respective criteria fixed by the Central Government or the State Government
or the Union territory Administration, as the case may be.
(3) While establishing an industrial plant, the following minimum distance shall be maintained, namely:-
(a) from the nearest boundary of surface water body (flood plain/ HFL/Red line) as per the revenue records in case of
industrial unit of-
(i) red category, beyond five hundred meters;
(ii) orange category,
(A) with effluent generation, beyond seventy-five meters;
(B) without effluent generation, beyond thirty meters;
(iii) green category, beyond thirty meters;
(b) from the settlement, educational institute, worship place, archaeological monuments, national park, reserve forest,
heritage site, in case of industrial unit of -
(i) red category, beyond five hundred meters;
(ii) orange category, beyond two hundred meters;
(iii) green category, beyond one hundred meters.
(c) The State Board shall ensure that other laws, rules, and regulations, and notifications are complied with by the
industrial plant.
(d) The natural or storm drain passing through the location of industrial unit shall not be disturbed.
CHAPTER 4
GRANT, REFUSAL OR CANCELLATION OF CONSENT
10. Grant of consent to establish. - (1) Every application for consent to establish an industrial unit under section 25
of the Act shall be made in Form I and shall contain the particulars of the industrial unit and also shall be accompanied
by the fee for new plant and in case of expansion, modernisation, change of products or process before commissioning
of the industrial plant.
(2) The industrial unit shall comply with criteria relating to location specified under paragraph 9.
(3) No industrial unit shall be allowed to set up in non-conforming areas or restricted or prohibited areas.
(4) On receipt of an application for consent, the State Board may depute any of its officers, accompanied by such other
officers as may be necessary, to visit and inspect any location, 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.
(5) Consent shall be granted with following conditions under sub- section (4) of section 25 of the Act, based on the
report made under sub-paragraph (4), namely: -
(i) the control equipment of such specifications as the State Board may approve shall be installed and operated
in the premises where the industry is proposed to be carried on;
(ii) the control equipment shall be kept at all times in good running condition;
(iii) the outlet, wherever necessary, of such specifications as the State Board may approve in this behalf shall be
established in such premises; and
(iv) such other conditions as the State Board, may specify in this behalf.
(6) The conditions referred to in sub-paragraph (5) shall be complied with within such period as the State Board may
fix in this behalf.