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Environmental Law

Consent to Establish, Consent to Operate: avoiding the compliance gap

How lapsed consents turn into closure directions — and how to prevent it.

Industrial units need consent from the State Pollution Control Board under the Water and Air Acts: first to establish, then to operate. The second is time-limited and must be renewed.

Where problems begin

Expansions undertaken without amended consent, renewals filed late and conditions that are quietly not complied with are the usual triggers for show-cause notices and closure directions.

A simple control

A consent register — each consent, its conditions, its expiry and the person responsible — is the most effective protection. It also makes inspections and audits far easier.

Where a notice has already been issued, an early, well-documented response is usually more effective than litigation after a closure order.

This note is general information, not legal advice. For advice on your own matter, see our Environmental Law practice or contact the firm.