The Environmental Decision
The legal core of the industrial activity permit is Article 35 of the Georgian Law on Environmental Protection: for the purpose of taking into account the ecological, social and economic interests of society and the state, and of protecting human health, the natural environment and cultural and material values, an environmental decision is necessary for conducting activity on the territory of Georgia. For the purpose of identifying and studying the possible impact on the environment, before the issuance of the environmental decision the environmental impact assessment procedure is carried out in accordance with the Environmental Assessment Code, and the issues related to the issuance of the decision are determined by that Code. An amendment to the law adds a further step: for activity subject to the integrated environmental permit envisaged by the Georgian Law on Industrial Emissions, an integrated environmental permit is necessary, a regime that entered into force on 1 September 2026; the activities subject to that permit and the issues related to its issuance are determined by the Law on Industrial Emissions. Thus, for an industrial object the environmental decision is the administrative basis without which the commencement of activity is not lawful, and it is preceded by the impact assessment — an independent analytical stage that gives the decision its factual foundation.
General Requirements during the Activity
Article 39 of the law shapes the regime of the ongoing activity. In the course of the activity the requirements of ecological safety and the protection of the population's health must be fulfilled, and the measures for environmental protection, the rational use of natural resources and the restoration of the environment, together with the financial means needed for their implementation, must be provided for. The subject of activity is obliged to have, agreed with the relevant state organs, operational and systematic measures for the prevention of technological accidents and natural catastrophes and for prophylaxis, and action plans for the time of accidents and catastrophes; to create and keep in readiness a service equipped with technical means for the liquidation of accidents; and to notify the relevant state organs and the population in due time of every expected and occurred technological accident and natural catastrophe. Note that the plans must be operational and systematic — a one-off document is not sufficient, they must be kept in an updatable state. The duty to inform the population is especially weighty where the enterprise is located near a settlement or a sensitive ecosystem; the legal regime of fulfilling these conditions is regulated by Georgian legislation.
Requirements upon Transfer to Operation
Article 40 of the law defines the preconditions for transferring economic objects to operation: it is impermissible to enter operation unless the proper functioning of the devices for the utilization and neutralization of hazardous waste, of the treatment facilities and of the means of control over the state of the environment is ensured, and unless the means for implementing the environmental measures envisaged by the project exist. In practical terms this means that an object cannot start working until its treatment infrastructure and monitoring means actually function: a treatment facility that exists on paper but does not work is not recognized by the law as proper functioning. The law is not satisfied with the mere existence of the devices — it requires their proper functioning, which means that at the moment of commissioning every treatment and control system must be transferred into operational mode and confirmed by the corresponding documentation.
Requirements upon Liquidation
Under Article 41 of the law, upon the partial or complete liquidation of an economic object the subject of activity is obliged to observe the other requirements envisaged by this law and by Georgian legislation. In environmental terms liquidation is the final stage of the end of activity: at that time the fate of the waste, of polluted soil and of restoration measures is decided. The requirements for transfer to operation and for liquidation together form the ecological frame of the object's life cycle: the environmental decision and the impact assessment belong to the planning stage, the general requirements of Article 39 to the entire period of operation, Article 40 to the moment of commissioning, and Article 41 to shutdown. One principle is characteristic of all stages: environmental measures are not a formal annex to the economic project — the means of their implementation and their financial provision are named as mandatory conditions, and emergency readiness is an integral part of the activity; a breach of one stage legally invalidates the whole cycle.
Frequently Asked Questions
Questions about industrial activity permits most often concern the basis of the decision, emergency readiness and the conditions of commissioning.
What is the environmental decision?
The administrative basis necessary for conducting activity; it is preceded by the environmental impact assessment procedure under the Environmental Assessment Code.
What obligations does the subject have during the activity?
Agreed accident-prevention plans, a liquidation service, timely notification of the population and the financing of restoration measures.
When is transfer to operation prohibited?
Where treatment devices, hazardous waste utilization means or control systems do not function properly and the means for the project's environmental measures do not exist.
What applies to liquidation?
The environmental requirements established by law also regulate the partial or complete liquidation of the object — the cessation of activity does not release the subject from them.
How We Help on Legal.ge
The Legal.ge team works with developers of industrial projects: we prepare documentation for the environmental decision and the impact assessment, analyse emergency-readiness requirements and assess the conditions of commissioning and liquidation.
If you are planning the launch of an industrial object or have a question about fulfilling environmental requirements, write to us on Legal.ge — we will assess your project on the basis of the legislation.