OSPCB issues Guidelines regarding grant of consent to operate under the provisions of Water (PCP) Act and Air (PCP) Act to the mines that have been granted vesting orders

Jan 29, 2021 | by TeamLease RegTech Legal Research Team

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EHS ComplianceThe Odisha State Pollution Control Board (OSPCB) on January 21, 2021 has issued an office memorandum for the Guidelines regarding grant of consent to operate under provisions of the Water (PCP) Act, 1974 and Air (PCP) Act, 1981 to the mines to whom vesting orders have been under the provisions of MMDR Act, 1957 and the Mineral Auction Rule, 2015. 

The following guidelines have been given: 

• The CTO applications filed beyond 120 days from the date of execution of lease deed. may be processed within the validity period of vesting order. However, the concerned lessees shall apply and obtain CTO immediately in order to avoid stoppage of mining operation after expiry of the vesting order. 

• The consent fees for the year of commencement shall be determined on the basis of quantity of production from the effective date of vesting order till the end of the financial year on a monthly pro-rata basis or the leasehold area, whichever is higher.

• The quantity of production shall be determined on monthly pro-rata basis from the effective date of issue of the vesting order. If the date of issue is before 15th of the month, then the entire month will be considered for calculation, otherwise the quantity shall be determined from the next month on pro-rata basis.

• Until the vesting order is issued and new lease deed is executed, application for Consent to Operate (CTO) shall be treated as incomplete.


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