G.O. (Ms) No.40, Enhanced Rates of Consent Fees, 2018
The Government of Tamil Nadu, Environment and Forests (EC.1) Department, issued G.O. (Ms) No.40 dated 9 April 2018 to enhance the consent fees payable by industries under the Water (Prevention and Control of Pollution) Act, 1974. It amends the Tamil Nadu Water (Prevention and Control of Pollution) Rules, 1983 by replacing the consent fee table, with the revised rates taking effect from 1 April 2018.
What the government order changes
G.O. (Ms) No.40 of the Government of Tamil Nadu, Environment and Forests (EC.1) Department, replaces the table under Rule 26-A of the Tamil Nadu Water (Prevention and Control of Pollution) Rules, 1983. The replacement table sets consent fees according to an industry's gross fixed assets and whether it falls in the Red, Orange or Green category.
The notification was made by the Governor of Tamil Nadu after consultation with the Tamil Nadu Pollution Control Board. It was directed to be published in the next issue of the Tamil Nadu Government Gazette.
Who is affected
The revised fee table directly affects industries that must pay consent fees. The applicable amount depends on:
- The value of the industry's gross fixed assets.
- Its classification as Red, Orange or Green.
- The asset band into which it falls.
A buyer or owner dealing with property used for an industry may need to consider the industrial category and gross fixed assets when identifying the applicable consent fee.
Key fee provisions
The table contains 25 gross fixed asset bands. Important examples include:
- Up to Rs. 1 lakh, the fee is Rs. 400 for Red, Rs. 300 for Orange and Rs. 200 for Green.
- Above Rs. 10 lakhs and up to Rs. 15 lakhs, the fee is Rs. 3,700 for Red, Rs. 3,100 for Orange and Rs. 2,500 for Green.
- Above Rs. 75 lakhs and up to Rs. 1 crore, the fee is Rs. 16,300 for Red, Rs. 12,600 for Orange and Rs. 10,100 for Green.
- Above Rs. 1 crore and up to Rs. 5 crores, the fee is Rs. 21,800 for Red, Rs. 17,900 for Orange and Rs. 14,200 for Green.
- Above Rs. 5 crores and up to Rs. 10 crores, the rates are Rs. 105 per lakh for Red, Rs. 65 per lakh for Orange and Rs. 42 per lakh for Green.
- For assets above Rs. 10 crores, the table uses a base amount plus a per-lakh rate.
- Above Rs. 1,000 crores, maximum fees are Rs. 31 lakh for Red, Rs. 23 lakh for Orange and Rs. 8 lakh for Green.
Commencement
The enhanced consent fee rates under G.O. (Ms) No.40 came into force on 1 April 2018.
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Common questions
When did the revised consent fees take effect?
The revised consent fee rates took effect on 1 April 2018.
How is an industry's consent fee determined?
The fee is determined by the industry's gross fixed assets and its classification as Red, Orange or Green.
What is the consent fee for gross fixed assets up to Rs. 1 lakh?
The fee is Rs. 400 for a Red category industry, Rs. 300 for Orange and Rs. 200 for Green.
Is there a maximum fee for industries with assets above Rs. 1,000 crores?
Yes. The table specifies maximum fees of Rs. 31 lakh for Red, Rs. 23 lakh for Orange and Rs. 8 lakh for Green.