environmental in thailand · preface contents environmental impact assessment is one of the...

ENVIRONMENTALIMPACT

ASSESSMENTIN THAILAND

Preface Contents Environmental Impact Assessment is one of the environmental managementtool used in project decision making. It is applied especially to some activities underthe Ministerial Mandate. The main objectives of EIA in Thailand, as in other countries,is to prevent environmental problems from major development project in order to reachto sustainable development goal. The first mandatory notification for EIA requirement was issued in 1981.Presently, under Section 46 of the Enhancement and Conservation of NationalEnvironmental Quality Act 1992. The Minister of Natural Resources and Environmentwith theapprovalofNationalEnvironmentBoard (NEB),has thepower tonotify thetypeandsizeofprojectsoractivitiesrequiringEIA.

Forlargescaleprojectswhichwillcausesignificantimpacts,theEIAreportsmustbesubmittedto theOfficeofNaturalResourcesandEnvironmentalPolicyandPlanning(ONEP)tobeconsideredandgiverecommendationstopermittingagenciesorcabinet.EIAreportshavetobepreparedbyaconsultingfirmwhichisregisteredby ONEP. Environmental Impact Evaluation Bureau,Office of Natural Resources andEnvironmental Policy and Planning prepares guidance for the general public, namely“Environmental Impact Assessment in Thailand”. Thisguidancewillbeusefulforthegeneralpublicandgovernmentagenciestounderstand the law, regulations,guidelines forEnvironmental ImpactAssessmentin Thailand.

1 Environmental Impact Assessment in Thailand 4 1.1Definitions 4 1.2BasicquestionsaboutEIA 5

2 General Guidelines in Preparing EIA Report 16 2.1 Introduction 16 2.2 Purpose of the EIA report 16 2.3 Important criteria of the EIA report 17 2.4 Present environmental condition 19 2.5 Environmentalimpactsfromtheproject 22 2.6 Measures to prevent and correct impacts to the environment 22 and to compensate to the damage incurred 2.7 To consideration of the alternative 22 2.8 Coordinationwithothergovernmentagencies 23 2.9 Monitoring program 23 2.10 Summary 23

Appendix I Enhancement and Conservation of the National Environmental 24 QualityAct,B.E.2535(1992)Appendix II TypesandSizesofProjectsorActivitiesrequiringpreparation 74 of Environmental Impact Assessment reportsAppendix III TypesandSizesofProjectsorActivitieswhichmayseriously 84 affectcommunitywithrespecttoQualityofEnvironment, Natural Resources and HealthAppendix IV ProjectswithintheEnvironmentallyProtectedAreas(EPA) 92Appendix V Types and Sizes of Projects in Forest Conservation Area 94 thatrequiredEIAreport,lEEreport,EnvironmentalChecklistAppendix VI QualificationofEIAspecialist,rulesandprocedurestoobtain 96 EIA consultant license and control of licensee

OfficeofNaturalResourcesand Environmental Policy and Planning

August,2015

EnvironmentalImpact Assessmentin Thailand

EnvironmentalImpact Assessment

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s a result of increasing environmental problems, the Environmental Impact Assessment (EIA) process has been applied in Thailand as a tool for environmental planning and management on theeconomic development projects screening approach since 1981. The EIAhasbeenusedtoidentifyimpactsoftheprojectsaswellastoestablishtheappropriate mitigation measures so that the natural resources will beefficientlyusedfortheeconomicdevelopmentofThailand.

Environmental Impact1 Assessment in Thailand

A 1.1 Definitions EIA (Environmental ImpactAssessment) EIA is the study for forecastingthe environmental impacts, bothnegative and positive impacts fromdevelopment projects or significantactivities. EIA has been used toestablish the appropriate mitigationmeasures for preventing andmitigating environmental impacts forthese projects or activities. EHIA (Environmental HealthImpact Assessment) EHIA is the study for forecastingthe environmental impacts for projects

or activities which may seriouslyaffect community. EHIA differs fromconsideration of the report of generalprojects or activities andwhereas it isnecessary to fulfill the requirementsof section 67 of the Constitution ofthe Kingdom of Thailand.

lEE (Initial EnvironmentalExamination) lEE is the initial study forforecasting the environmental impacts.lEE normally uses primary data oravailable data. In Thailand, lEE hasbeen used for the small projects orthe projects that have less impacts.

Screening Screening is the determinationofwhetheranEIAisneeded.Screeningshould be based on magnitude ofpossible impacts may arise fromdevelopment projects or activities. InThailand, lists of projects or activitiesrequired EIA has been used as ascreening tool.

Scoping Scoping is the stage ofidentification impacts needed to beassessed.ScopingwillnarrowdownEIA study into the significant issues.

Public Participation in EIA This process can be imple-mented along the stages of EIAprocess. It’sobjective is toallowpublic,Non-GovernmentalOrganizations (NGOs)and relevant agencies affected by theprojects to be informed. They can sharetheircommentsorexperienceswhichwillbe taken in toaccount inprojectdevelopment and assessment.

1.2 Basic questionsabout EIA (1) What formal legislationexists concerning requirement of EIA According to section 46-47,under the National EnvironmentalQualityAct(NEQA)1992.(Appendix I)The Minister of Natural Resourcesand Environment with the approvalof the National Environment Board(NEB) will have the power to issuethe notificationprescribing of categories

and magnitude of projects or activitiesof government agency, state enterpriseorprivateprojectwhicharerequiredto submit and Environmental ImpactAssessment(EIA)reporttotheOfficeof Natural Resources and EnvironmentalPolicy and Planning and the ExpertReview Committee for considerationand approval before further proceedings.

(2) To which projects will EIAbe applied Types and sizes of projectsoractivities requiringEIA reportsdividedinto4;asfollow 1. Types and sizes of projectsoractivitiesfollowbyvirtueofsection46 of the Constitution of the Kingdomof Promotion and Conservation ofNational Environmental Quality Act,B.E.2535(1992) 1.1 The notification of types and sizes of projects or activities requiring EIA reports has been issued. There are 36 types and sizes of projects or activities include dam or reservoir, irrigation, commercial airport, hotel or resort, mass transit system and expressway, mining, industrial estate or project like characteristic of industrial estate, commercial port and harbour,thermalpowerplant, coastal reclamation,highwayor road, residential condominium, land allocation, hospital, building in area adjacent to rivers, lakes or beaches or in



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thevicinityofNationalParkorHistoricalParkandspecificindustrial projects,namely,petrochemical,oilrefinery,naturalgasseparationor processing, chloralkaline, iron and/or steel, cement, smelting other than iron and steel, pulp industry, pesticide industry or industry producing active ingredient by chemical process, chemical fertilizer industry using chemical process in production, all types of projects in thewatershedareaclass1.Thesizeofeachcategorywasalso identifiedinthelist.(Appendix II) 1.2Thenotificationoftypesandsizesofprojectsoractivities requiringEHIAreportshasbeenissued.Thereare11typesandsizes of projects or activities include land allocation, mining, industrial estate or project like characteristic of industrial estate, petrochemical industry, minerals melting industry or melting metal industry, manufacturing, disposalormodificationofradioactivesubstance,projectofaviation transportationsystem,port,damorreservoir,thermalpowerplant.The sizeofeachcategorywasalsoidentifiedinthelist.(Appendix III) 2.TypesandsizesofprojectsoractivitiesfollowbytheNotificationof Environmentally Protected Area, virtue of section 44(3) of the Constitute ofthe Kingdom of Promotion and Conservation of National Environmental QualityAct,B.E.2535(1992).(Appendix IV) 3. Types and sizes of projects or activities in Forest Conservation Area.(Appendix V) 4.Typesandsizesofprojectsoractivitieswhichmayeffecttoecosystemofthewetlandofinternationalandnationalimportance.

(3) Components of EIA TheEnvironmentalImpactAssessmentreportswillcomposedof5parts,Part I, Project description such as location, engineering design and etc.;Part II Existing data about environment in the project area and its vicinity. Part III,Environmental impact evaluation of the project. Part IV, Mitigation measure of the projectwhichmaybeadditionalactivitiestopreventorminimalenvironmentaldamage cost of the project. And Part V, the Monitoring program such as programforair,wateretc.

(4) What organizations involve in EIA procedure in Thailand The Environmental Impact Evaluation Bureau (EIEB), Office of NaturalResourcesandEnvironmentalPolicyandPlanning (ONEP) is responsible forthe administration of the EIA process for Thailand. As a guidance for the project requiresEIA, theMinisterwith theapproval of theNEBhas issuedanotificationdescribing the procedures, methods and guidelines for preparation ofEnvironmental Impact Assessment report. Different stakeholders are involved in the EIA procedure in Thailand,namely. 1 The project proponent The project proponent may be a government agency, state enterprise orprivatesectorundertakingaproject/activitywhich fallsundernotification for types and sizes of projects requiredEIA. Theproject proponent, according to NEQA 1992, section 46 is responsible for the preparation of the EIA report. 2 The Permitting Agency According to NEQA 1992 section 47 and 48, the permitting agency whobylawhasthepoweranddutytoconsiderandgrantapermittoany proponent in order to enable him to carry out any project under that notification,hastodelaythegrantofpermittotheapplicantuntiltheEIA reportofsuchprojectwillbeapprovedbytheExpertReviewCommittee (or thecommitteedoesnotfinish the reviewwithin theperiodstated in theAct).AllconditionssetbyONEP throughExpertReviewCommittee willbebindedtolicensefortheprivateproject.Thefinaldecisionmaker will be the cabinet if the proponent is a government agency or state enterprise. The recommendation for such project; however will be submittedtothecabinetbytheNationalEnvironmentBoard.



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3 Expert Review Committee According to NEQA 1992, section48 - 49, EIA report has to be submitted to ONEP forpreliminary review before final decision on thereportwillbemadeby theExpertReviewCommittee.Environmental Impact Evaluation Bureau (EIEB)ofONEPwillberesponsibleforexaminingtheEIAreport and relateddocuments filed and also thepreliminary review. The report together with thepreliminary comments will then be proposed tothe Expert ReviewCommittee for final consideration.Thecommitteewillbecomposedofexpertmemberswhoarequalifiedorspecialized invariousfieldsof related disciplines and the authority legallycompetent to grant permission for the given projectoractivityunderreview,oritsrepresentativeshallbe included in its membership. The Expert ReviewCommittee may approve or disapprove the report ormay ask for report revision or additional information. 4 Consultants It is enforced by the Ministerial order whichhasbeeneffectivesince12December1984that EIA reports have to be prepared by the consultantfirmsregisteredwithONEP.Uptonow(August,2015)72consultantfirmshavebeenregisteredto conduct EIA. The license issued for each consultantfirmwilleffectivefortheperiodof1,2or3yearsdependingonneworoldfirmsrespectively.ThequalificationofconsultantisinAppendix VI

(5) When to prepare an EIA To make EIA more efficient and effectivetiming to prepare EIA is very vital. It should beprepared as early as possible in the project cycle,prefer at the same time as those of feasibilitystudy (FS) of theproject in order to integrate allenvironmental mitigation measures in evaluatingthe project.

(6) How step and timing inapproval process Step and timing in approvalprocess followingEnhancement andNationalQualityActB.E.2535(1992). 1. Approval process for projects activities which are required by law and projects or activities which are not required the approval of the cabinet. ONEP examines the EIA reportwithin15days. Incase of the report is not correct or incomplete, ONEP sends the report back to the proponent. In case of the report is correct/ complete, ONEP makes preliminary commentonEIAreportwithin30 days. The EIA report together with the preliminary comment will then be proposed to be approved by the Expert Review Committeewhowillconsiderthe reportwithin45days. If thereport is approved, the permitting agency shall grant the permit to the projects/activities with condition of mitigation measures and monitoring program. But if the report is not approved, the proponent have to submit the

revised reports to the committee. The committee will review the revised report within 30 days after receiving date.The process is illustrated by Figure 1 2. Approval process for projects or activities required the approval of the cabinet. ONEP examines and makes preliminary comment on the EIA report. The EIA report together with the preliminary comment will then be processtothereviewcommittee. The committee submits comment to the National Environment Board(NEB).NEBsubmitcomment to the cabinet. In this stage, expert persons or institute may submit opinion. The project has to be approval by the cabinet. The process is illustrated by Figure 2 3. Approval process for projects or activities whichmay seriously affect communitywhich respect to Environment, Natural Resources and Health and are requiredpermissionby lawand projects or activities which are not required theapprovalof the cabinet.



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After the report approval by thecommittee,ONEPwilldoas follow; 1) To submit the ERC’s result to the state agency which is responsible for project/activities or permiting agency in order to organize consultation with the public and interested parties in accordancewith theconsul- tation procedure in the Noti- ficationofMinistryofNatural Resources and Environment announce on the 29th DecemberB,E,2552(2009) 2) To submit approved report, opinion of the committee and summary to the independent organization

append opinion before permitting agency grants of permission, The process is illustrated by Figure 3 4. Approval process for projects or activitieswhichmay seriously affect community and required the approval of the cabinet In case of projects or activities whichmayseriouslyaffectcom- munityand required theapproval of the cabinet ONEP submits the opinion of the committee, the opinion of independent organization and consultationreportwiththepublic and interested parties prepared by responsible agency to the National Environment Board, The NEB submits comment to the cabinet. In this stage, expert person or institute may submit opinion to the cabinet. The project has to be approval by the cabinet. The process is illustrated by Figure 4

Resubmit the revisedEIAreportorthenewEIA report dependingupontheExpertReviewCommittee opinion

ONEP

Figure 1 Approval process for projects or activities whicharerequiredbylawandprojectsoractivities whicharenotrequiredtheapprovalofthecabinet

Project Proponent

submit EIA

Endofthereviewingprocess

Permitting Agency

Not correct/incomplete

withholdthegrantingofpermissionONEP examines EIA (15 days)

Correct/complete

ONEP makes preliminary comment (15 days)

Expert Review Comittee reviews EIA (45 days)


Resubmit the report to ONEP and permitting agency

approve

approve

disapprove

disapprove

Project Proponent

Project Proponent

In case of agreewithERCopinionthat disapprove report

In case of disagreewithERCopinionthat disapprove report Mayfilealawsuitat

the administrativecourtwithin90days

Permitting AgencyGrant License

Permitting AgencyGrant License



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Figure 2 Approvalprocessforprojectsoractivitiesrequired the approval of the cabinet

Figure 3 Approvalprocessforprojectsoractivitieswhichmay seriouslyaffectcommunitywhichrespecttoEnvironment. NaturalResourcesandHealthandarerequiredpermission bylawandprojectsoractivitieswhicharenotrequired the approval of the cabinet

Government Agency,State Enterprise

Prepare EIA at the stage of conducting Feasibility Study

Expert Review Committee (ERC)

ONEP summarizes ERC's comment

National Environment Board

Submit comment

The Cabinet Expert Person / Institutesubmit opinion

Decision to approve or disapprove

Project Proponent

Project Proponent

Project Proponent

Resubmit the revisedEIAreportorthenewEIA report dependingupontheExpertReviewCommittee opinion

ONEP

ONEP

Permitting Agency

ONEP examines EIA (15 days)

ONEP makes preliminary comment (15 days)


Not correct /incomplete

withholdthegrantingof permission

Correct / complete

approve

approve

disapprove

disapprove

Resubmit the report to ONEP

End of EIAapproveprocess

ERC reviews EIA (30 days)Resubmit the report to ONEP

and summary of the measures

State agency which isresponsible for project /

activity or Permittingagency in order to organizeconsultation with the public

and interested parties

Submit ERC's opinion

In case of agree withERCopinionthatdisapprovereport

In case of disagree withERCopinionthatdisapprovereportMayfilealawsuitatthe administrative

courtwithin90days

Permitting Agency

Independent organizationappend opinion

Make clarification of allrelated agencies and reasonof decision making publish

on the website



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Figure 4 Approvalprocessforprojectsoractivitieswhichmayseriously affectcommunitywhichrespecttoEnvironment,Natural ResourcesandHealthandrequiredtheapprovalofthecabinet

Government Agency,State Enterprise

Prepare EIA at the stage ofconducting Feasibility Study

Expert Review Committee (ERC)

correct the report

not enough document

Government Agency.State Enterprise

ONEP summarizesERC's comment

ONEP

ONEP

The Cabinet

Submit approved report. opinion ofERC and summary of measuresSubmit ERC's result

Independent organizationappend opinion

State agency which isresponsible for project /

activity or Permittingagency in order to organizeconsultation with the public

and interested parties

Submit the opinion of ERC, opinion of Independentorganization and consultation report

Submit comment

National Environmental Board

Expert Person / Institutesubmit opinion

Decision to approve or disapprove



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2.2 Purpose of theEIA Report (1)Toclassify,predictandestimate impacts to environment fromvarious projects comparing to existingenvironment condition without theproject. Also to reduce impacts toenvironment at early planning stagewhichwill,subsequently,contributeto reduction of the cost of rectifyingenvironmental rehabilitation at the laterdate, resulting in sustainable development

2.1 Introduction ationalEnvironmentalQualityAct (NEQA)1992setup requirement to prepareEIAreportfordifferentprojecttypesandsizes.OfficeofNatural ResourcesandEnvironmentalPolicyandPlanning(ONEP)thensetupguidelineinpreparingEIAsothatthoseconcerningwithitspreparation,theconsultantfirmprojectproponent,EIAreviewerandpermittingagency,canworktogetherin the same direction.

(2)Tointroduceenvironmentfactors in to the project planning anddecision making.

(3) Basic concepts of EIAreport preparation EIA report is based on studyingthe impacts to the environment fromactivities in the project and surroundingareas, effecting living non living organismand the environment on short and longterm basis. In preparing EIA reportinformation from plant animal, soil, water,air, human health and employment willbe considered. The detail in the studyvarieswith kind of project & projectlocation. EIA report is a technical report,based on the theoretical assessmentof future environmental change. Thestudy must point out the impact of theproject to the environment and naturalresources. It should recommend suitablemeasures to prevent or to correct theproject impacts to the environmentand suitable methods to monitorenvironment condition. The report mustbe clear and is easy to understand. Itshould mention method and technicalreference used in preparing the report. EIA report must offer alter-natives for consideration i.e. projectsite selection, alternative method forproject implementationwhichproducesless pollution, to help in deciding projectimplementation. A comparative studyon project investment and financialreturn in the report will be used as

basic to design pollution control systemin advance, to prevent impact toenvironment, before project imple-mentation.

2.3 Importantcriteria of the EIA report The EIA report submitted to ONEP and the Committee for consi-deration must include followingimportant points.

(1) Summary Report shallcontain the following substantialmatters: 1.Type and size of the project including related activities 2. Project location withpictureandmaptogether with related maps demonstrating environmental components in the area that may be impacted by the project inscaleof1:50,000orother appropriate scales 3. Alternative for project location and operation method that supported justi- ficationandconsiderationof selecting such proposed alternatives 4. Reportonsignificant environmental impacts with proposed mitigation and preventive measures, and inspection and revised programs consistently to the Office of Natural Resources and Environmental Policy and Planning (ONEP)’s specification

General Guidelines in2 Preparing EIA Report

This guidelines can be used asgeneral instruction to prepare EIA reportunder the requirement of regulation,issued by Ministry of Natural ResourcesandEnvironment(MNRE),specifyingtypeandsizeofprojectsthatwillneeddetail EIA report. The report must giveuseful information for analysis theimpacts,ofeachspecificproject typeand location and the manner project isimplemented etc. Which different typeof information, method of analysis,scope of study and reference materialinthereportwillvariesprojectbyproject.

N



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(2)MainReportmaycontainthefollowingsubstantialmatters: 1. Introduction: describing background information, purpose of the project, justification and essence of project operation, objective ofreport.Preparationaswell as content and methodology of studies. 2. Project location: arrange project picture an map together with related maps demonstrating environmental components in the area that may be affected by the project inthescaleof1:50,000or other appropriate scales. 3. Project description: todescribetheprojectinaway that the project can be clearly understood and visualized. Detailed information shall include project type, project location, project operation method and its supporting activities as well as plant layout with appropriate scale and direction. 4. Existing environmental condition : provide detailed information and related

photos of non-restorable and restorable physical and biological natural resources and environment. describe details about human using valueandqualityoflifevalue including existed problems within the surrounding area of the project and provide maps displaying existing environment conditions and land using surrounding the projectaswellaspotentially impacted areas for both short and long terms. 5.Assessalternatives for project operation and evaluate any impact which may arise from project operation. 6. Environmental impact reduction and preventive measures and compensation, the mitigation and preventive measures for each impact shall be described in detail. A compensation plan can also be proposed in case of unavoidable damage occurred 7. Environmental impact inspecting and review programs: the suitable inspecting

plans and measures for environmental impact shallbe proposed in aspect of both technicality and practicality. Such plans and measures can also be used as one of the monitoring and evaluationmechanisms after project operation. 8. Significant environmental impacts in-clude the proposed mitigation and preventivemeasures shall be completely arranged. In addition, public participation and social impactassessmentaswell ashealth impactassessmentreport shall strictly follow the guidelines given byONEP.

2.4 Present environmentcondition

The report must show results of theenvironmental study in its present state, its value to human life quality, map of the project andeffected area, The scope of study depend on degreeof impacts to the individual element. The suggestionof general guideline for environmental resourcesandvaluestobestudiedasfollowingtables.



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Elements ElementsScope of Study Scope of Study

1.Abioticresources 1.1 On land Geomorphology Topography,Elevation,Uniquephysical feature e.g. island, cliff, etc. Soil Profileofsoiltypeandextentofeach, sedimentation, erosion physical and chemical characteristics Geology General description of geology of the site Resources Seismicity,TypeandquantityofMineral resources, in the project site and surrounding area 1.2 Aquatic Surface&undergroundwater Watersource,quantity,quality andflowrate Seawater Oceanographiccharacteristic Waterqualityandcurrent Waterstratification Air Climaticcharacteristic(rainfall, intensity,temperature) Incidence of inversions, fog, storm Airquality Noise Intensityandfrequency 2.Bioticresources Animal/plant Ecology, species, number, distribution, Habitat and migration Rare species Species, number and its importance

3.Humanusevalue Drinking/domestic water Sources,quantity,qualityand adequacy Transport Route(highway,railway,waterroute) Electricity and energy Sources,kind,type,adequacy Flood control/drainage Systemandefficiency Agriculture activities Agriculture development / promotion Agriculture Irrigation system Reforestation Industry Type of industry Mining Type of mining Recreation Type and use of the green area Recreation area, green area Land use Existinglanduse,Areaspecificzoning

4.Qualityoflifevalue Socio-economic Informationonpopulatio(occupation, income,language,religion) Health Sickness rate, infectious diseases, endemic sickness, health services Occupational health Occupationaldisease,workrelated accident, Health risk Historical Historical site, archaeological site Traditional custom, traditions and culture Recreational value Beautyvalueofrecreationalarea Important natural landmark Preservation or conservation area.



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2.5 Environmentalimpact from the project Direct and indirect, short andlong term. Environmental impacts fromthe project must be assessed andincluded in the EIA report. Applicationfor construction permit must includestudy on the impacts during constructionperiod. The study should address theseverity of the impact to human ineach element listed In 2.4. It should alsoinclude irreversible and irretrievableloss of environmental value, basedon present assessment and futurepredicted impacts, resulting fromtechnical basis. Prediction of impactson complex environmental conditionscan be predicted by using mathematicsmodel to improve accuracy.

2.6 Measures to prevent and correctimpacts to theenvironment and to compensate to thedamage incurred The EIA report must describeproject operation to prevent andcorrect impacts to environmentalresources and value as described in2.4. In case of irreversible andirretrievable environmental damage, the report must suggest practical planto compensate for this damage. Theplan must describe in the practicalmethod to replaced destroyedresources. This section of the reportis important in considering EIA report.

2.7 To considerationof the alternative Iftheprojectwillcausemajorimpacts to the environmental resourceandhuman life quality, there shouldbeconsiderationforalternativewaysto develop project, including no action.For each alternative, considerationmust be base on project engineeringeconomic and environmental impactsequally. Comparison of advantageand disadvantage of each alternativemust be pointed out, e.g. project sitefor port. Several sites must be studied.It should give description to showsuitability of each site. The study mustalso consider alternatives that servesimilar purpose but have differentimpacts to environment.

There are 2 steps in consideringalternative routes for project development 1. By total sum of damageto environment. 2.Byanalysing theenviron-mental impacts of various alternativesto develop the project. In the comparative analysis,the project development option withless acceptable environmental impacts,butstillyieldequallygoodreturn,willbe selected.

2.8 Coordinationwith other governmentagencies If there is any coordinationbetween government agencies onindividual project, involving permitlicense, land use right or any otherdocuments which are considereduseful in the project consideration,thedocumentshouldbeshowninthereport. In case that the project hasbeen process on public participation,the document showing results ofpublic participation in the project studyshouldalsobeshown.

2.9 Monitoringprogram This part of the reportshould describe the monitoring plan,and confirm the effectiveness of themeasures to prevent and control

pollution as presented in the report,in a suitable, systematic, continuousand technological way. Monitoringplan should aim at measuring theenvironmental impacts from projectconstruction through to projectoperation. The plan should includedescription of monitoring site,parameters,frequency,environmentalstandard and measuring method, andperiod of reporting.

2.10 Summary The report should summarizethe damage to environment and thebenefit cause by implementation ofthe project. It should address thenecessity to compensate for theenvironmental damage and to deducethe project impacts. Referenceshould be made to the irreversibleand irretrievable loss of naturalresources and the monitoring plan.



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Appendix IEnhancement and Conservation

of the National EnvironmentQuality Act,

B.E.2535 (I992)

BHUMIBOL ADULYADEJ, REX.Given on the 29th Day of March B.E. 2535,Being the 47th Year of the Present Reign

His Majesty King Bhumibol Adulyadej is graciously pleased toproclaim that: Whereas it is deemexpedient to reformand improve the lawonenhancementandconservationofnationalenvironmentalquality. Be it. therefore,enactedby theKing.byandwith theadviceandconsent of the National Legislative Assembly. acting as the National Assembly. asfollows: Section 1 This Act shall be called “The Enhancement and ConservationofNationalEnvironmentalQualityAct,B.E.2535” Section 2 This Act shall come into effect after the elapse of a period ofsixtydaysfromthedatefollowingitspublicationintheGovernmentGazette. Section 3ThefollowingActsshallberepealed: (1) The Enhancement and Conservation of National EnvironmentalQualityAct,B.E.2518. (2) The Enhancement and Conservation of National EnvironmentalQualityAct(NO.2),B.E.2521. (3) The Enhancement and Conservation of National EnvironmentalQualityAct(NO.3),B.E.2522. Section 4 In this Act, “Environment” means natural things which form the physical andbiological conditions surrounding man and man-made things. “Environmental Quality” means the balance of nature, being composedofanimals,plants,naturalresourcesandman-madeobjectswhichisforbenefitof subsistence of mankind and the sustenance of human-being and nature. “Environmental Quality Standards”means theparametersofqualitystandardsforwater,air,noiseandotherconditionsoftheenvironmentwhichare determined as the general criteria for the enhancement and conservationofenvironmentalquality. “Fund” means the Environmental Fund.



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“Pollutant”meanswastes,hazardoussubstancesandotherpollutingsubstancesaswellasresidues,sedimentsorremaindersofsuchmatters,whicharedischargedfrompointsourcesofpollutionornaturallyoccurintheenvironment,thathaveorarelikelytohaveimpactsonenvironmentalqualityor to cause conditions poisonous or harmful to the health and hygiene of thepublic, and shall mean to include radiation, heat, light, noise, odour, vibrationor other nuisances eminated or discharged from point sources of pollution. “Pollution” means the state of environment that has been affected,changed or contaminated by pollutants, resulting in deterioration of environmentalquality,suchaswaterpollution,soilpollution. “Point Source of Pollution” means any community, factory, building,structure,vehicle,placeofbusinessoractivityoranyotherthingfromwhichpollution is generated. “Waste”meansrefuse,garbage,filth,dirt,wastewater,pollutedair,pollutingsubstancesoranyotherhazardoussubstanceswhicharedischargedor originated from point sources of pollution, including residues, sedimentsorremaindersofsuchmetters,eitherinthestateofsoild,liquidorgas. “Wastewater” means waste in liquid state including polluting orcontaminatingsubstancecontainedinsuchliquid.

“Polluted Air”meanswaste ingaseousstate in the formof vapour,steam, exhaust, fume, odour, smoke, gas, dust, soot, ash or other pollutingsubstances in the form of particulate matters that can be suspended in theatmospheric air. “Hazardous Substance” means explosive substances, inflammablesubstances, oxidizing and peroxidizing substances, toxic substances, pathogenicsubstances, radioactive substances, genetic transforming substances, corrosivesubstances, irritatingsubstances,orother substanceswhetherchemicalornot,whichmaycausedanger to human-being, animal, plant, property or theenvironment. “Nuisance”meansnuisanceaccordingtothelawonpublichealth. “Factory”meansfactoriesaccordingtothelawonindustrialplants. “Building”meansbuildingsaccordingtothelawonbuildingcontrol. “Vehicle”meansautomobilesormotorcyclesaccordingtothelawonautomobiles, vessels according to the law on Thai vessels and aircraftsaccordingtothelawonaviation.

“Monitoring Control Operator” means the person licensed to monitor,control,assess,operateandmaintainwastewatertreatmentorwastedisposalfacility,orequipment, instrument, tools,appliances forcontrol, treatmentordisposalofanyotherpollution,whichtheownerorpossessorofpointsourceofpollutionmanagestoconstructandbringintooperationbyhisownInvestmentandexpensesforthetreatmentofwastewatersordisposalofwastesoranyother pollutants. “Service Contractor” means the person licensed to render for hire theservicesofwastewatertreatmentorwastedisposalormonitoringofenvironmentalquality. “Conservation Area” means the areas designated as national parks,wildlifereserves,tourismpreserveandotherprotectedareaspursuanttothegoverninglawsrelatedthereto. “Local Official” means (1)PresidentoftheMunicipalCouncilwithinamunicipality. (2)PresidentoftheSanitaryDistrictBoardwithinasanitarydistrict. (3)ChangwatGovernorwithinalocaladministrationorganization. (4)GovernorofBangkokMetropolitanAdministrationwithinBangkokMetropolis. (5)PermanentSecretaryofPattayaCityAdministrationwithintheCityof Pattaya. (6)Headof localadministrator intheadministrationofthelocaladministrationorganizationother than(1) to (5)above,establishedbyspecificlawgoverningthereof,withinsuchlocaladministrationorganization.

“Pollution Control Official” means the person appointed by the Ministerto perform the functions concerning pollution control under this Act. “Competent Official” means the person appointed by the Minister tohavepoweranddutytotakeactionunderthisAct. “Minister” means the Minister of Science, Technology and Environment.

Section 5 IncaseanyprovisionunderthisActreferstoChangwatormandatesthepoweranddutyoftheChangwatGovernor,suchreferenceormandate shall denote the inclusion of BangkokMetropolitanAdministrationorthepoweranddutyoftheGovernorofBangkokmetropolitanAdministration,as may be the case.



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Section 6 For the purpose of public participation in the enhancementand conservation of national environment quality, the following rights andduties may be accorded to individual person as provided by this Act or governinglawrelatedthereto: (1) To be informed and obtain information and data from the governmentservice in matters concerning the enhancement and conservation ofenvironmental quality, except the information or data that are officiallyclassified as secret intelligence pertaining to national security, or secretspertaining to the right to privacy, property rights, or the rights in trade orbusinessofanypersonwhicharedulyprotectedbylaw. (2)Toberemediedorcompensatedbythestateincasedamageorinjury issustainedasaconsequenceofdangersarisen fromcontaminationby pollutants or spread of pollution, and such incident is caused by anyactivity or project initiated, supported or undertaken by government agencyor state enterprise. (3)To petition or lodge complaint against the offender in case of beingawithnesstoanyactcommitted inviolationor infringementof the lawsrelatingto pollution control or conservation of natural resources. (4)Toco-operateandassistgovernmentofficialsintheperformanceofdutyrelatingtotheenhancementandconservationofenvironmentalquality. (5)TostrictlyobservetheprovisionsofthisActorotherlawsconcerningtheenhancementandconservationofenvironmentquality.

Section 7 In order to encourage public participation in the promotionand conservation of environmental quality, non-governmental organizations(NGOs)having thestatusofa juristicpersonunderThai lawor foreign lawwhicharedirectlyengagedinactivitiesconcerningenvironmentalprotectionorconservationofnatural resourceswithoutanyobjective tobe involved inpolitics or tomakeprofits from the engagement in such activities, shall beentitledtoregisterwiththeMinistryofScience,TechnologyandEnvironmentas the NGOs for environmental protection and conservation of natural resources in accordance with the rules, procedures and conditions prescribed byministerial regulation.

Section 8 The NGOs that have been registered pursuant to section 7mayrequestforgovernmentassistanceorsupportinthefollowingmatters:

(1)TheorganizationofvolunteerstoassistintheperformanceofdutyofgovernmentofficialsunderthisActorotherlawsconcerningtheenhancementandconservationofenvironmentalquality. (2)Publicrelationscampaignanddisseminationofinformationordatatopromotepublicawarenessandproperunderstandingandknowledgeaboutenvironmental protection and conservation of nature and natural resources. (3)Providingassistancetopeopleincertainareasofthecountrytoinitiate projects or activities for environmental protection and conservation ofnatural resources in such areas. (4) Conducting a study and research in respect of environment ofprotection and conservation of natural resources and bringing to the attentionofgovernmentoragenciesconcernedonwhatare theviewpointsandsuggestions based upon the outcome of such study and research. (5)Providinglegalaidtopeoplewhoareinjeopardyoforafflictedbypollutiondamagecausedbyleakageofpollutantsorcontaminationaswellasactingasrepresentativeofsuchpollutionvictimstobringlawsuitandlitigateclaim in court for compensation or damages to which they are entitled aslegal remedies.

In case any registered NGOs, in the carrying out of activities indicatedinthefirstparagraph,encounterproblemsordifficultiesandrequestforhelpfrom the National Environment Board, the Prime Minister shall, with therecommendationoftheNationalEnvironmentBoard,havethepowertodirectfor appropriate resource or order the government agency or state enterpriseconcernedtorenderassistanceorfacilitationasseenfitunderthecircumstances. TheFundCommittee,withtheapprovaloftheNationalEnvironmentBoard,mayconsidertoallocategrantsor loansinsupportofanyactivityofthe registered NGOs as deemed appropriate.

The registered NGOs may propose for nomination of candidates asrepresentatives of the private sector to be appointed by the cabinet asqualifiedmembersoftheNationalEnvironmentBoard. In case any registered NGOs activities are undertaken by causingdisturbances or contrary to public order or unsuitable, the Minister shall havethepowertorevoketheregistrationoftheNGOinvolvinginsuchactivities.



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Section 9 In case there is an emergency or public danger arising fromnatural disaster or pollution caused by contamination and spread of pollutantswhichwill, if leftwithoutanyremedialactions,seriouslyendangerthesafetyof life, body or health of the people, or aggravatedly cause damage to thepropertiesofthepeopleortheState,thePrimeMinistershallhavethepowerto order, as deemed appropriate, government agencies, state enterprises oranypersons, including thepersonswhoareormaybe thevictimsof suchdanger or damage, to take prompt action, individually or jointly, in order tobe able to control, extinguish or mitigate the adverse effects of such dangerordamage.Incaseanypollutersareknownandcanbeidentified,thePrimeMinistershallbeempoweredtoenjoinsuchpersonsfromanyactswhichmayaggravate the adverse effects of pollution during the occurrence of suchendangering incident. ThePrimeMinistermaydelegatethepowertogiveorderspursuanttothefirstparagraphtotheChangwatGovernortoexercisesuchpowerandactonhisbehalfwithin theterritorial jurisdictionof thatChangwat.Thesaiddelegationofpowershallbemadebyawrittenorderandpublished in theGovernment Gazette. Whenanyorder isgivenby thePrimeMinisterbyvirtueof thefirstparagraph,orby theChangwatGovernoractingonbehalfof thePrimeMinisterby virtue of the second paragraph, such order shall be published in theGovernmentGazettewithoutdelay.

Section 10 In order to prevent, remedy, extinguish or mitigate theemergency or danger of pollution envisaged by section 9, the Minister shalldetermine preventive measures and prepare a contingency plan to rectify thesituation in advance.

Section 11 The Prime Minister and the Minister of Science, Technologyand Environment shall have charge and control of the execution of this Act,insofaras it isconcernedwiththeirrespectivepowersanddutiesconferredupon them under this Act.

The Minister of Science, Technology and Environment shall have thepowertoappointpollutioncontrolofficialsandothercompetentofficials,issueministerial regulations prescribing fees not exceeding the rates attachedhereto and prescribing other activities for the execution of this Act.

The Ministerial Regulations shall come into force upon their publicationin the Government Gazette.



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Section 12ThereshallbeaNationalEnvironmentBoardconsistingof the Prime Minister as the Chairman, a Deputy Prime Minister designatedby the Prime Minister as the first Vice Chairman, the Minister of Science,Technology and Environment as the second Vice Chairman, the Ministerof Defense, the Minister of Finance, the Minister of Agriculture and Cooperatives,the Minister of Transport and Communications, the Minister of Interior, theMinister of Education, the Minister of Public Health, the Minister of Industry,the Secretary-General of the National Economic and Social DevelopmentBoard, the Secretary-General of the Board of Investment, the Director oftheBureauof theBudgetasmembersexofficioandmembersqualified inenvironmental matters not more than eight persons of which no less thanhalf shall be representatives from the private sector and the PermanentSecretary of the Ministry of Science, Technology and Environment as memberand secretary. The Appointment of qualifiedmembers shall bemade by drawingfrom persons who are knowledgeable and known for their expertises,contributions and experiences in the matters concerning the enhancementandconservationofenvironmentalquality.

Section 13 The National Environment Board shall have the poweranddutyasfollows:

(1)Tosubmitpolicyandplanforenhancementandconservationofnationalenvironmentalqualitytothecabinetforapproval. (2)Toprescribeenvironmentalqualitystandardspursuanttosection32. (3) To consider and give approval to the Environmental QualityManagementPlanproposedbyMinisteraccordingtosection35.

(4)Toconsiderandgiveapproval to theChangwatActionPlan forenvironmentalqualitymanagementaccordingtosection37. (5)Tomakerecommendationstothecabinetinrespecttofinancial,fiscal, taxation and investment promotionmeasures for the implementationof the policy and plan for enhancement and conservation of nationalenvironmentalquality.

(6)To propose for amendment or improvement of laws relating totheenhancementandconservationofenvironmentalqualitytothecabinet. (7)Toconsiderandgiveapproval to theactionplan forpreventionand remedy of danger caused by contamination of pollutants or spread ofpollution proposed by the Pollution Control Committee pursuant to section53(1). (8)Toconsiderandgiveapproval to thesettingofemissionofeffluentstandardsproposedbytheMinisterpursuanttosection55.

(9)To supervise, overseeandexpedite theenactmentof royaldecreesandissuanceofministerialregulations,rules,localordinances,notifications,by lawsandorderswhicharenecessary toensuresystematicoperationofthe lawsrelatingtoenhancementandconservationofenvironmentalqualityto the fullest extent possible.

(10)TosubmitopiniontothePrimeMinisterforhisdirectionsincaseit appears that any government agency or state enterprise infringes or refrainsfrom complying with the laws and regulations for environmental protectionwhichmaycauseextensivedamagetotheenvironment. (11)To specify measures for the strengthening and fostering ofco-operation and co-ordination among government agencies, state enterprisesand the private sector in matters concerning the promotion and conservationofenvironmentalquality.

(12)Tosupervisethefundmanagementandadministration. (13)Tosubmitreportsonnationalenvironmentalqualitysituationtothe cabinet at least once a year.

(14)Toperformother functionsasmaybeprovidedby thisAct orotherlawstobewithintheauthorityoftheNationalEnvironmentBoard.

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Section 14Aqualifiedmemberappointedbythecabinetshallholdofficeforatermofthreeyearsandmaybere-appointedforaperiodofnotmore than one consecutive term. In case an additional appointment of qualified member is made duringthetermofthosememberswhohavealreadybeenappointedtoholdoffice,thetermofadditionalmembershipshallbeequaltotheremainderofthetermofthosememberswhohavealreadybeenappointedbefore.

Section 15Inadditiontotheexpirationofthetermofofficeaccordingtosection14,aqualifiedmemberappointedby thecabinet shall vacateofficeupon: (1)death;

(2)resignation;

(3)beingabankrupt;

(4)beinganincompetentorquasi-incompetentperson;

(5) being punished by a final judgment to a term of imprisonmentexcept for an offense committed through negligence or a petty offence;

(6)Beingdismissedbythecabinetforincompetenceormisconductor having vested interests in any activity or business that may have a directimpactonoradverselyaffecttheenvironmentalquality. When qualifiedmember vacates office before the expiration of histermofoffice,thecabinetmayappointanotherpersontofillthevacancyandsuchpersonshallholdofficeonlyfortheremainingtermofhispredecessor.

Section 16InconveningtheNationalEnvironmentBoardmeeting,iftheChairmanisabsentorunabletoperformthefunction,thefirstViceChairmanshall act as theChairman. If theChairmanand the firstViceChairmanareboth absent or unable to perform the function, the second Vice ChairmanshallactastheChairman. If theChairmanandboththetwoViceChairmenare all absent or unable to perform the function, themembers who attendthe meeting shall elect one of the attending members to act as the chairmanof the meeting. Section 17 Ameeting of theNational Environment Board requiresthe presence of not less than one-half of the total member of its members toconstituteaquorum.

The decision of a meeting shall be made by a majority of votes. Incasting votes, eachmember shall haveonevote. Incaseof anequality ofvotes, the Chairman of the meeting shall have an additional vote as a castingvote.

Section 18TheNationalEnvironmentBoardmayappointanexpertcommittee or subcommittee to consider or carry out any matter as may beentrustedbytheNationalEnvironmentalBoard.

Section 19TheNationalEnvironmentBoardshallhavethepowertorequiregovernmentagencies,stateenterprisesandotherpersonstodeliverdocumentsrelatingtotheexaminationofimpactsonenvironmentalqualityanddocuments or data concerning the projects orwork plans of such governmentagencies, state enterprises and persons for its consideration. For this purpose,theBoardmaysummonpersonsconcernedtogiveexplanation.IftheBoardisof theopinion thatanyprojectorworkplanmayseriouslyaffect theenvironmentalquality,itshallrecommendremedialmeasurestothecabinet.

Incase thedocumentsofdata required tobedelivered to theNationalEnvironment Board pursuant to the first paragraph are relevant to tradesecretsinthenatureofpatentandprotectedbythelawonpatentrights,theNational Environment Board shall specify suitable measures and methodsfor preventing such documents or data from being disclosed to anyone toensure that they shall only be used strictly for the purpose of this section.

Section 20 In the performance of its function, the National Environment Board,theexpertcommitteeorthesub-committeemayinviteanypersontopresentfacts,explanation,opinionortechnicaladviceasitdeemsfitandmayrequestco-operationfromanypersonwithaviewtoascertaininganyfactorsurveying any activitywhichmay have an adverse effect on environmentalquality.

Section 21 In the performance of its duties under this Act, theNational EnvironmentBoardmay entrust theOffice of Environmental Policyand Planning, the Pollution Control Department or the Environmental QualityPromotion Department under the Ministry of Science, Technology andEnvironmentwiththeoperationorpreparationofpropositionstobemadetotheNationalEnvironmentBoardforfurtheractions.



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Section 22 There shall be established a fund called the “EnvironmentalFund”intheMinistryofFinancewiththefollowingmoneysandproperties: (1) MoneyfromtheFuelOilFundintheamountdeterminedbythePrime Minister.

(2)Money transfered from the Revolving Fund forEnvironmental Development and Quality of Life established by theAnnualBudgetfortheFiscalYearofB.E.2535Act,B.E.2535.

(3) Servicefeesandpenaltiescollectedbyvirtueof this Act.

(4)Grants from the Government from time to time.

(5) Moneysorpropertiesdonatedbydonorsinthe private sector both domestic and foreign, by foreigngovernments or by international organizations.

(6) InterestandbenefitsaccruedfromthisFund.

(7) OthermoneysreceivedfortheoperationofthisFund.

The Comptroller-General's Department, Ministry of Finance, shall keep the moneys and properties of the Environmental Fund and makedisbursementsfromthefundinaccordancewiththisAct. Section 23 Fund disbursements shall be made for the followingactivities and purposes:

(1)As grants to government agency or local administration forinvestment in and operation of the central wastewater treatment plant orcentralwastedisposal facility, includingtheacquisitionandprocurementofand, materials, equipment, instrument, tools and appliances necessary forthe operation and maintenance of such facility.

(2)Asloanstolocaladministrationorstateenterpriseformakingavailable of air pollution control system, wastewater treatment or waste

disposal facilities to be used specifically in the activities of such localadministration or state enterprise.

(3)Asloanstoprivatepersonincasesuchpersonhasthelegaldutytomakeavailableand install anon-site facility of his own for the treatmentofpollutedair,wastewaterorwastedisposaloranyotherequipmentforthecontrol, treatment or eliminate pollutants that are generated by his activity or business undertaking, or such person is licensed to undertake business asaServiceContractortorenderservicesofwastewatertreatmentorwaste disposal under this Act. (4) As aids or grants to support any activity concerning thepromotionandconservationofenvironmentalqualityastheFundCommitteeseesfitandwiththeapprovaloftheNationalEnvironmentBoard.

(5)AsexpendituresforadministeringtheFund

Section 24 There shall be a Fund Committee consisting of the Permanent Secretary of the Ministry of Science, Technology and Environment as the Chairman, the Permanent Secretary of the Ministry of Agriculture and Cooperatives, the Secretary-General of the National Economic and Social DevelopmentBoard,theDirectoroftheBureauoftheBudget, the Director-General of the Department of Local Administration, the Comptroller-General of the Comptroller-General's Department, the Director-General of the Department of Public Works, the Director-General of the Department of Industrial Works, the Director-General of the Department of Mineral Resources, the Director-General of the Pollution Control Department,the Director General of the Environmental Quality Promotion Department andnotmore thanfivequalifiedpersonsappointedby theNationalEnvironmentBoardasmembersand theSecretary-Generalof theOfficeofEnvironmentalPolicyandPlanningasmemberandsecretary.Section14andsection15shallapplymutatismutandis to theholdingofficeof thequalifiedmembersof theFundCommittee.

Section 25TheFundCommitteeshallhavethepoweranddutyasfollows: (1)ToconsideronFundallocationforuseintheactivitiesprescribedby section 23. (2)Toprescriberules,conditions,proceduresandmethodsconcerningapplication for allocation or loan from the Fund.

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(3)Tolaydownadministrativerulesandproceduresconcerningthepower, duties and working methods of the Fund managers according tosection29andsection30aswell asmechanisms for co-ordinationamongthe Fund Committee, the Comptroller-General's Department and the Fundmanagers according to section 29 and section 30. (4)Tolaydownrulesandproceduresforthereceiptanddisbursementof moneys from the Fund.

(5)TofixdurationsforrepaymentofloansfromtheFundaccordingtosection23(2)or(3)aswellasinterestratesandsecuritiesasnecessaryandappropriate. (6)Todetermine the ratioandcriteria fordeductionofservice feesandpenaltiesthatarerequiredbysection93toberemittedtotheFund. (7)To perform any other functions provided under this Act. Theprescriptionof rulesaccording to sub-section (2), (3)or (4)andguidelinesfor action under sub-section (1) or (5) shall be approved by the NationalEnvironment Board. The Fund Committee may appoint a subcommittee toconsider or carry out any matter as may be entrusted by the Fund Committee.

Section 26 Section 16, section 17 and section 20 shall apply mutatismutandis to the performance of functions of the Fund Committee and thesubcommittee appointed by the Fund Committee.

Section 27 In consideration to allocate money from the Fund for thepurposeofsection23(1), theFundCommitteeshallgivefirstpriority to therequest for allocation under the Changwat Action Plan for environmentalquality management according to section 39 to construct or operate thewastewater treatment plant or waste disposal facility, for which certainamount of government budget has been earmarked or revenues of the localadministration have been allocated as additional contributions to the Fundallocation. Theproportionbetween thegovernmentbudget or contributionsfrom the local revenues and the Fund allocation to be determined by theFund Committee according to the first paragraph shall be determined inaccordancewiththeruleslaiddownbytheNationalEnvironmentBoard.

Section 28 The Fund allocation as loans to the local administration,stateenterpriseorprivatepersonpursuant tosection23 (2)or (3)shallbedeterminedby the FundCommittee in accordancewith the rules and conditionsstipulatedbytheNationalEnvironmentBoard. InordertoencouragecompliancewiththisAct,theFundCommittee

may, with the approval of the National Environment Board, allocate fromthe Fund as an exceptional long-term loan to any local administration, stateenterprise, or private person and may determine to reduce the interest ratesor make exemption to the payment of such interest as deemed appropriate. Section 29 The Comptroller-General of the Comptroller-General'sDepartment, Ministry of Finance, shall be the Fund manager in relation tosuch portion of the Fund to be allocated as grants to the government agencyor the local administration for investment in and operation of the centralfacility forwastewater treatment orwaste disposal according to section 23(1)andthoseportionsof theFundtobeallocatedfor thepurposesother thanthoseprovidedbysection23(2)and(3). Section 30 TheFundCommitteemayauthorizeanappropriatefinancialinstitution owned by the State or the Industrial Financing Corporation ofThailand to be the Fund manager in relation to such portion of the Fund thatwillbeallocatedasloanstothelocaladministration,stateenterpriseorprivatepersonpursuanttosection23(2)or(3).

In carrying out the management of Fund according to the Firstparagraph, the Fund manager has the duty to study and analyse the investmentandtechnical feasibilityof theprojectandshallbeempoweredtoenter theloan agreement on behalf of the Fund Committee in the capacity as the lender,tokeepanddisbursemoneystotheborrowersfromthisportionoftheFundinaccordancewiththetermsandconditionsoftheloanagreement,topursue,demandandreceiverepaymentsandinterestfromtheborrowersinordertopaybacktotheFund,andshallbeempoweredtolaydownrulesandprocedures,withtheapprovaloftheFundCommittee,forsuchmatters. Undertheloanagreementtobeenteredintoaccordingtothesecondparagraph, there must be a condition stipulated as an essential element of theagreement that the borrower shall have the duty to make use of the loanspecifically for the purpose of meeting the requirements with which theborrowerhasthelegaldutytocomplyunderthisActorotherrelatedlaws. Section 31 The moneys received into the Fund and kept by theComptroller-General's Department, Ministry of Finance, shall be managed bydeposit insavingorfixedaccountswithStateownedfinancial institutions inorder to earn accrued interest. All moneys earned by the Fund according to section 22 shall be paidinto its account for the purpose of uses in the activities indicated in section 23and shall not be remitted to the Treasury as revenues of the Government.



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Part 1Environmental Quality Standards

Section 32 For thepurposeof environmental quality enhancementand conservation, theNational Environment Board shall have the power toprescribebynotificationspublishedintheGovernmentGazettethefollowingenvironmentalqualitystandards: (1) Water quality standards for river, canal, swamp, marsh, lake,reservoir and other public inland water sources according to their useclassificationsineachriverbasinorwatercatchment. (2)Waterqualitystandardsforcoastalandestuarinewaterareas. (3)Groundwaterqualitystandards. (4)Atmosphericambientairstandards. (5)Ambientstandardsfornoiseandvibration. (6)Environmentalqualitystandardsforothermatters.

Theprescriptionofenvironmentalqualitystandardspursuant to theforegoing paragraph shall be based upon scientific knowledge, principles,criteria and evidence related thereto and shall also take into account thepracticabilityofsuchstandards from theviewpointofeconomic,socialandtechnological considerations.

Section 33 TheNationalEnvironmentBoardshall,ifdeemedreasonable,have the power to prescribe special standards, which are higher than theenvironmental quality standards prescribed pursuant to section 31, for theprotection of areas designated as conservation or environmentally protectedarea according to section 42, or areas designated according to section 44, orpollutioncontrolareasdesignatedpursuanttosection58.

Section 34 The National Environment Board shall have the powerto make appropriate modifications and improvements to the prescribedenvironmental quality standards in the light of scientific and technologicalprogresses and changes in economic and social conditions of the country.

Part 2Environmental Quality Management Planning

Section 35 The Minister shall, with the approval of the NationalEnvironment Board, formulate an action plan called “Environmental QualityManagement Plan” for implementation of the national policy and plan forenhancement and conservation of environmental quality determined byvirtueofsection13(1).

The Environmental Quality Management Plan pursuant to the firstparagraph shall be published in the Government Gazette. It shall be the Duty of all government agencies concerned to take actionswithin their powers and functions that are necessary for effective implementationof the Environmental Quality Management Plan and in order to ensure thatactions are taken to achieve the objectives and goals as prescribed, it shallbe the duty of the Ministry of Science, Technology and Environment to giveadvice togovernmentagenciesandstateenterpriseswhichareconcernedwith theformulationofworkplansor thetakingofanyactionswithaviewtoimplementing the Environmental Quality Management Plan.

Section 36 The Environmental Quality Management Plan pursuanttosection35maybeashort,intermediateorlong-termplan,asappropriate,andshouldcontainworkplansandguidancesforactioninthefollowingmatters:

(1)Managementofair,waterandenvironmentalqualityinanyotherarea of concerns. (2)Pollutioncontrolfrompointsources.

(3)Conservationofnaturalenvironment,naturalresourcesorculturalenvironment pertaining to aesthetic values.

(4)Estimation of financing to be appropriated from government budgetandallocatedfromtheFundwhichisnecessaryfor implementationofthePlan.

(5)Schemeforinstitutionalarrangementsandadministrativeordersbywhichco-operationandco-ordinationamonggovernmentagenciesconcerned

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andbetweenthepublicserviceandprivatesectorcouldbefurtherpromotedand strengthened, including the determination of a manpower allocationschemewhichisrequiredforimplementationofthePlan. (6)Enactmentoflawsandissuanceofregulations,localordinances,rules,ordersandnotificationsnecessaryforimplementationofthePlan. (7)Scheme for inspection, monitoring and assessment of environmentalqualitybywhichtheresultsofimplementationofthePlanandenforcementoflawrelatedtheretocanheevaluatedobjectively.

Section 37 After the Environmental Quality Management Plan hasbeen published in the Government Gazette, it shall be the duty of the Governorof theChangwat, inwhich there isa localitydesignatedasenvironmentallyprotected area according to section 43, or as pollution control area accordingtosection59, to formulateanactionplanforenvironmentalqualitymanagementatChangwat levelandsubmit it to theNationalEnvironmentBoard forapprovalwithinonehundredandtwentydaysfromthedateonwhichtheGovernorofthe Changwat is directed by the National Environment Board to preparetheChangwatactionplanforenvironmentalqualitymanagement.If,however,there is a reasonable ground, the said duration may be extended as appropriatebytheNationalEnvironmentBoard. In preparing aChangwatAction Plan for the pollution control areaaccordingtosection59,theGovernorshallincorporateintoittheactionplanfor mitigation and elimination of pollution prepared by the local authoritypursuanttosection50andthelocalactionplanshallformanintegralpartoftheChangwatActionPlan. IncasethereisanyChangwat,inwhichnolocalityisdesignatedasan environmentally protected area according to section 43, or as pollutioncontrolareaaccordingtosection59,thatisneverthelessdesiroustoenhanceand conserve the environmental quality within the limits of its territorialjurisdiction,theGovernorofthatChangwatmayprepareaChangwatActionPlan,within theframeworkofand inconformitywith therequirementsof theEnvironmental Quality Management Plan, and submit it to the NationalEnvironmentBoardforapproval.

Section 38TheChangwatActionPlantobesubmittedtotheNationalEnvironment Board shall be an action plan which proposes a system ofintegrated management of environmental quality in conformity with theguidances specified in the Environmental QualityManagement Plan, taking intoaccount the severity of the problems and economic, social and environmental

conditions of that Changwat, and should address and contain essentialelementsinthefollowingmatters:

(1)Planforcontrolofpollutionfrompointsources.

(2)Planforprocurementandacquisitionofland,materials,equipment,tools and applianceswhich are essential for the construction, installation,improvement,modification, repair,maintenance and operation of centralwastewatertreatmentplantsorcentralwastedisposalfacilitiesbelongingtogovernment agency or local administration concerned.

(3)Planforcollectionoftaxes,dutiesandservicefeesforoperationand maintenance of central wastewater treatment plants or central wastedisposalfacilitiesreferredtoinsub-section(2)above.

(4) Plan for inspection,monitoring and control of wastewaters andotherwastematterswhicharedischargedfrompointsourcesofpollution.

(5) Law enforcement plan for the prevention and suppression ofviolation or infringement of laws and regulations pertaining to pollutioncontrol and conservation of nature, natural resources and cultural environmentpertaining to aesthetic values.

Section 39 The Changwat Action Plan for environmental qualitymanagement to be given first priority for the consideration of the NationalEnvironment Board must propose an estimate of budgetary appropriationand allocation from the Fund for the construction or procurement for theacquisition of a central wastewater treatment plant or a central waste disposalfacilitypursuanttosection3B(2).IncaseanyChangwatisnotreadytotakestepsfortheprocurementandacquisitionofthecentralwastewatertreatmentplantor thecentralwastedisposal facility, itmayinsteadproposeaplantopromoteprivate investment in theconstructionandoperationofwastewatertreatmentplantorwastedisposalfacilitiesinordertomakeavailableofsuchserviceswithinitsjurisdiction. The Changwat Action Plan to be prepared according to the firstparagraphwitharequestforbudgetaryappropriationandallocationfromtheFundshallbeaccompaniedbydrawings,plans,specificationsandanestimatedpriceof theproject forconstruction, installation, improvement,modification,repair,maintenanceaswellastheprocessandmethodforoperationoftheproposedcentralwastewatertreatmentplantorcentralwastedisposalfacility. ForthepurposeofapprovingtheChangwatActionPlanwitharequest



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forbudgetaryappropriation inaccordancewith the firstparagraph, theOfficeof Environmental Policy and Planning shall be responsible for the gatheringandanalysisoftheChangwatActionPlansforenvironmentalqualitymanagementinordertomakeaproposalforannualbudgetsoftheOfficetobeearmarkedspecificallyforthispurpose.

Section 40Incasethemanagementofenvironmentalqualityinanymatterswillhavetobecarriedout inanareaadjoiningtheterritorial jurisdictionsoftwoormoreprovincesduetothegeographicalconditionsorthecharacteristicsof the natural ecosystems of that area, or for the purpose of a sound, systematicand proper management in accordance with the principle of integratedmanagementofenvironmentalqualityandnatural resources, theGovernorsof the relevant provinces shall jointly prepare the action plan mandatorilyrequiredbysection37.

Section 41IncaseanyChangwat,whichismandatorilyrequiredtoprepare the action plan according to section 37, fails or is incapable to evolvesuchaplan,orhaspreparedandsubmittedtheplanasrequiredbutfailedto get the approval of theNational Environment Board for any reason, theNational Environment Board shall consider the nature of the problemsencountered by that Changwat and evaluate whether its environmental qualityisadverselyaffectedtosuchanextentthatanyactioniswarranttorectifythesituation. Ifaction isdeemednecessary, theNationalEnvironmentBoardshall propose to the Prime Minister to issue an order directing the Ministry ofScience,TechnologyandEnvironmenttopreparetheChangwatActionPlanonbehalfoftheChangwatinquestion.

Part 3Conservation and Environmentally Protected Areas Section 42 Protection and management of areas within the limitsof national parks and wildlife reserves shall be in accordance with theEnvironmentalQualityManagementPlaneffectivebyvirtueofsection35andgovernedbythelawsrelatedthereto. Section 43 In case it appears that any area is characterized aswatershed area, or characterized by unique natural ecosystemswhich aredifferent from other areas in general, or naturally composed of fragile ecosystemswhich are sensitive and vulnerable to destruction or impacts of humanactivities,orworthyofbeingconservedduetoitsnaturaloraestheticvalues

or amenities, and such area is yet to be designated as a conservation area,theMinister shall, with the advice of theNational Environmental Board, beempowered to issue ministerial regulation designating such area as anenvironmentally protected area. Section 44 In issuing the ministerial regulation pursuant to section43,anyoneormoreofthefollowingprotectivemeasuresshallbeprescribedthere under:

(1) Land use prescriptions for preserving the natural conditions ofsuch area or for preventing its natural ecosystems or its aesthetic values oramenities from being adversely impacted.

(2)Prohibitionofanyactsoractivitiesthatmaybeharmfuloradverselyaffect or change the pristine state of the ecosystems of such area.

(3)Specifyingtypesandsizesofprojectsoractivitiesundertakenbygovernment agencies, state enterprises or private entities, to be constructedoroperatedinsucharea,whichshallhavethelegaldutytosubmitreportsofEnvironmental Impact Assessment.

(4)Determinationofmanagementapproachandmethodspecifictothemanagement of such area including the scope of functions and responsibilitiesof relevant government agencies for the purpose of co-operation andco-ordination that are conductive to efficient performance of work towardsthe preservation of natural conditions or ecosystems or aesthetic values andamenities in such area. (5)Prescriptionsofanyotherprotectivemeasureswhicharedeemedproper and suitable to the conditions of such area.

Section 45 In any area, despite having been designated as a conservationarea,amastertownandcountryplanarea,aspecifictownandcountryplanarea,abuildingcontrolarea,an industrialestateareapursuant to thegoverning lawsrelated thereto, or designated as a pollution control area pursuant to this Act, butwhich nevertheless appears to have been adversely affected by environmentalproblemswhichassumeacriticalproportiontosuchanextentthatanimmediateaction has become imperative and yet no action is taken by government agenciesconcerned to rectify the situation due to a lack of clear legal authorization orotherwisefailuretodoso,theMinistershall,withtheapprovaloftheNationalEnvironmentBoard,proposeforacabinetauthorizationtotakeanyoneorseveralprotective measures provided by section 44, as necessary and appropriate,in order to control and solve the problems in such area.



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Whencabinetauthorizationisobtainedasprovidedinthefirstparagraph,the Minister shall, by notification published in the Government Gazette,determine the limits of such area and prescribe in detail the protectivemeasures and the duration for which such measures shall be effectivelytaken therein. WiththeapprovaloftheNationalEnvironmentBoardandthecabinet,the duration of effectiveness specified according to the secondparagraphmaybeextendedbynotificationpublishedintheGovernmentGazette.

Part 4Environmental Impact Assessment

Section 46Forthepurposeofenvironmentalqualitypromotionandconservation,theMinistershall,withtheapprovaloftheNationalEnvironmentBoard,havethepower tospecify,bynotificationpublished in theGovernmentGazette types and sizes of projects or activities, likely to have environmentalimpact,ofanygovernmentagency,stateenterpriseorprivateperson,whichare required toprepare reportsonenvironmentalassessment forsubmissiontoseekapprovalinaccordancewithsection47,section48andsection49.

Inthenotificationissuedaccordingtothefirstparagraph,procedures,rules,methods and guidelines shall be laid down for the preparation ofEnvironmental Impact Assessment report for each type and size of projectoractivity,includingrelateddocumentsthatarerequiredtobefiledtogetherwiththereport.

In case there has been an Environmental Impact Assessment concerningproject or activity of any particular type or size, or site selection for such projector activity in any particular area and such assessment can be used as a standardassessment applicable to the project or activity of the same type or size or tothe site selection of such project or activity in the area of similar nature, theMinistermay,with theapprovalof theNationalEnvironmentBoard, issueanotification in theGovernmentGazetteexemptingsuchprojectoractivityofthe same or similar nature from the requirement of Environmental ImpactAssessment, provided that the proponent of such project or activity shallexpressitsconsenttocomplywithisapplicableasthestandardforassessmentofsuchprojectoractivityinaccordancewiththerulesandmethodsspecifiedby the Minister.

Section 47Incasetheprojectoractivitywhichisrequiredtoprepare

the Environmental Impact Assessment according to section 46 is the projector activity of a government agency or of a state enterprise or to be jointlyundertakenwithprivateenterprisewhichisrequiredtheapprovalofthecabinetinaccordancewithofficialrulesandregulations, thegovernmentagencyorstate enterprise responsible for such project or activity shall have the dutyto prepare the Environmental Impact Assessment report at the stage ofconductingafeasibilitystudyforsuchproject,suchreportshallbefiledwiththe National Environment Board for its review and comments and thensubmitted to the cabinet for consideration.

In considering to give approval to the Environmental Impact Assessmentreportfiledaccordingtothefirstparagraph,thecabinetmayaswellrequestanyperson or institution, being an expert or specialized in Environmental ImpactAssessment, to study and submit report or opinion for its consideration thereof.

For project or activity of government agency or state enterprisewhich is not required to be approvedby the cabinet according to the firstparagraph, the government agency or state enterprise responsible for suchprojectoractivityshallprepareandfiletheEnvironmentalImpactAssessmentreport in order to obtain approval prior to the initiation of such project oractivityinaccordancewiththerulesandproceduresasprovidedbysection48 and 49.

Section 48 Incasetheprojectoractivitywhichisrequiredbysection46 to prepare the Environmental Impact Assessment report is the project oractivitywhichisrequiredbylawtoobtainpermissionpriortoconstructionoroperation, thepersonapplying for thepermissionshallhave theduty tofilethe Environmental Impact Assessment report with the permitting authorityunder such law and with the Office of Environmental Policy and Planningsimultaneously.Thereporttobefiledasaforesaidmaybemadeintheformof an Initial Environmental Examination (IEE) in accordance with the rulesand procedures determined by the Minister pursuant to section 46, secondparagraph. Theofficialwho is legallyauthorized tograntpermissionshallwithholdthe granting of permission for the project or activity referred to in the firstparagraph until having been notified by the Office of Environmental Policyand Planning of the result of consideration pertaining to the review of theEnvironmentalImpactAssessmentreportinaccordancewithsection49.

TheOffice of Environmental Policy andPlanning shall examine theEnvironmental Impact Assessment report and related documents filed



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therewith. If it is found that the report as filed is not correctly made inaccordancewiththerulesandproceduredspecifiedbyvirtueofsection46,second paragraph, or the accompanied documents and data are incomplete,theOfficeofEnvironmentalPolicyandPlanningshallnotifythepersonapplyingforpermissionwhofilesthereportwithinfifteendaysfromthedateofreceivingsuch report. IncasetheOfficeofEnvironmentalPolicyandPlanningfindsthattheEnvironmental ImpactAssessment report togetherwith relateddocumentsasfiledisdulymadeandcompletedwiththedataasrequired,orhasbeendulyamendedormodifiedinaccordancewiththeforegoingthirdparagraph,itshallreviewandmakepreliminarycommentsonthereportwithinthirtydaysfromthedateof receivingsuchreport inorder that the report togetherwiththe preliminary comments shall be referred to the committee of experts forfurther consideration.

The appointment of the committee of experts according to the foregoingfourthparagraphshallbeinaccordancewiththerulesandproceduresdeterminedby the National Environment Board. The committee shall be composed ofexpertmemberswhoarequalifiedorspecialized invariousfieldsofrelateddisciplines and the authority legally competent to grant permission for thegivenprojectoractivityunderreview,oritsrepresentative,shallbeincludedin its membership.

Section 49Thereviewandconsiderationbythecommitteeofexpertsaccording to section 48 shall be carried outwithin forty-five days from thedateofreceivingtheenvironmentalimpactassessmentreportfromtheOfficeof Environmental Policy and Planning. If the committee of experts fails toconclude its reviewandconsiderationwithin thesaidperiod, the reportshallbe deemed to have been approved by it.

In case the committee of experts approves or is deemed to have givenapproval to thereport, theofficial legallyempowered tograntpermissionshallaccordinglyorderthatthepermissionbegrantedtothepersonwhoappliesfor it.

In case approval of the report is denied by the committee of experts, thepermitting authority shall withhold the granting of permission to the personapplying for it until such person will resubmit the Environmental ImportAssessment report that has been amended or entirely redone in conformitywiththeguidelinesanddetailedrequirementsdeterminedbytheorderofthecommittee of experts.

When such person has resubmitted the Environmental ImpactAssessment report that has been amended or entirely redone, the committeeofexpertsshallreviewandconcludeitsconsiderationwithinthirtydaysfromthe date of receiving the resubmitted report. If the committee of expertsfails toconclude its reviewandconsiderationwithin thesaidperiod, itshallbe deemed that the committee has approved the report and the permittingauthorityshallaccordinglygrantpermissiontothepersonwhoappliesforit.

Incase it isdeemedreasonable theMinistermay issuenotificationin theGovernmentGazette requiring that theproject or activity of the typeandsizespecifiedbythenotification issuedbyvirtueofsection46alsofiletheEnvironmental ImpactAssessment reportwhen theapplication ismadeforrenewalofpermissionforsuchprojectoractivity inaccordancewiththesame procedures as applicable to the application for the permission.

Section 50 For the purpose of review and consideration of theEnvironmental Impact Assessment report pursuant to section 48 and section49 and site inspection is deemed appropriate, the committee of experts or thecompetentofficialassignedbythecommitteeshallbeauthorizedtoinspectthe site of the project or activity identified in the report forwhich approvalthereof is sought.

When the committee of experts has approved the EnvironmentalImpactAssessment reportpursuant tosection49, theofficialwho is legallycompetenttograntpermissionortherenewalofpermissionshallstipulateasthe conditions of permission or renewal thereof all themitigationmeasuresproposed in the Environment Impact Assessment report and all such conditionsshallbedeemedtheconditionsprescribedbyvirtueofthegoverninglawsonthe subject matter.

Section 51 Forthepurposeofcompliancewithsection47andsection48, theMinistermay,with theapproval of theNationalEnvironmentBoard,requirethattheEnvironmentalImpactAssessmentreportasrequiredbysection46bepreparedorcertifiedbythepersonwhoislicensedtobeaspecialistinEnvironmental Impact Assessment.

Applicationandissuanceoflicense,qualificationsofspecialistswhowillbeeligibletoprepareEnvironmentalImpactAssessmentreports,controlofthelicensee'sperformance,renewaloflicense,issuanceofcertificateinlieuof the license, suspension or revocation of the license and fee payments fortheapplicationandissuanceoflicenseshallbeinaccordancewiththerules,procedures and conditions stipulated by ministerial regulation.



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Part 1Pollution Control committee

Section 52 For the purpose of pollution control under this Act, thereshallbeacommitteecalled the “PollutionControlCommittee” (PCC)whichconsists of the Permanent Secretary of the Ministry of Science, Technologyand Environment as the Chairman, the Director-General of the Departmentof Local Administration, the Director-General of the Police Department, theDirector-General of the Department of Land Transport, the Director-Generalof the Harbour Department, the Director-General of the Department of PublicWorks, the Director-General of the Department of Mineral Resources, theDirector-General of the Department of Industrial Works, the Director-Generalof the Health Department, the Director-General of the Department ofAgriculture, the Director-General of the Department of Environmental QualityPromotion, theSecretary-General of theOffice of Environmental Policy andPlanning thePermanentSecretary for theBangkokMetropolitanAdministrationandnotmorethanfivequalifiedpersonsappointedbytheNationalEnvironmentalBoardasmembersand theDirector-Generalof theDepartmentofPollutionControlasmemberandsecretary.Section14andsection15shallapplymutatismutandis to theholdingofficeof thequalifiedmembers in thePollutionControlCommittee. Section 53ThePollutionControlCommitteeshallhavethepoweranddutyasfollows:

(1) To submit an action plan for prevention or remedy of pollutionhazardsorcontaminationtotheNationalEnvironmentBoard.

(2)TogiveopinionandrecommendtheNationalEnvironmentBoardon proposed amendments to or improvement of any laws concerning thecontrol, prevention, reduction or eradication of pollution.

(3) To propose incentive measures regarding taxation and privateinvestment promotion in relation to pollution control, promotion andconservationofenvironmentalqualitytotheNationalEnvironmentBoard.

(4)TorecommendtheNationalEnvironmentBoardonthedeterminationof service fee rates for the central wastewater treatment or central wastedisposal services of the government.

(5)TogiveadvicetotheMinisteronthesettingofemissionoreffluentstandardsundersection55.

(6)TogiveadvicetotheMinisterconcerningthetypesofpointsourcesofpollutionthatwillberequiredtocomplywithsection68andsection69.

(7)Tomakerecommendationontheissuingofministerialregulationsspecifyingthetypesandcategoriesofhazardouswastesundersection79.

(8) To coordinate government agencies, state enterprises and theprivate sector in their actions to control, prevent, mitigate or eradicate pollution.

(9) To prepare and submit the report on pollution situation to theNationalEnvironmentBoardonceayear.

(10) To consider and resolve on the challenge to the order of thepollutioncontrolofficialunderthisAct.

(11)ToperformotherfunctionsdesignatedbythisActorotherlawtobethepoweranddutyofthePollutionControlCommittee.

(12)TocarryoutothermattersassignedbytheNationalEnvironmentBoard.ThePollutionControlCommitteemayappointasubcommitteetoconsideror carry out any matter as may be assigned by the Pollution Control Committee.

Section 54 Section 16, section 17 and section 20 shall apply mutatismutandis to the performance of functions of the Pollution Control Committeeand Subcommittee.

Part 2Emission or EffIuent Standards

Section 55TheMinistershall,withtheadviceofthePollutionControlCommittee and the approval of the National Environment Board, have the

Chapter IV Pollution Control



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powertopublishnotificationintheGovernmentGazetteprescribingemissionor effluent standards for the control ofwastewater discharge, polluted airemissions,ordischargeofotherwastesorpollutantsfrompointsourcesintotheenvironment,inordertomeettheenvironmentalqualitystandardssetbyvirtueofthisActfortheconservationofnationalenvironmentalquality.

Section 56 In case there have been standards prescribed by virtue oftheotherlawsconcerningwastewaterdischarges,pollutedairemissions,ordischarge of otherwastes or pollutants frompoint sources of pollution intothe environment and such standards are no less stringent than the emissionofeffluentstandardssetby theMinisterbyvirtueofsection55,suchstandardsshallcontinuetobeeffectivebyvirtueofthelawsrelatedthereto.Ifhowever,suchstandardsarelessstringentthantheemissionoreffluentstandardssetbytheMinisterpursuanttosection55,thegovernmentagenciesempoweredbysuchlawsshallamendsuchstandardsinconformitywiththeemissionofeffluentstandardsunder thisAct. If there isanyobstaclepreventing fromdoingso, the National Environment Board shall resolve on such matter and thegovernmentagenciesconcernedshallact inaccordancewithsuchresolution.

Section 57 In case anygovernment agency is empoweredby theother lawtoprescribeemissionoreffluentstandards inanymatter,but thatgovernment agency fails to exercise its power, the Minister shall, with therecommendationofthePollutionControlCommitteeandwiththeapprovaloftheNationalEnvironmentBoard,publishnotificationintheGovernmentGazetteprescribingtheemissionoreffluentstandards inquestionandsuchstandardsshallbedeemedtohavebeensetbythegoverninglawonsuchmatter.

Section 58Ifitisdeemedreasonable,theChangwatGovernorshallhavethepowertopublishnotification in theGovernmentGazetteprescribingaspecialsetofemissionoreffluentstandardsapplicable to thepollutioncontrolarea designated by section 59, higher than the standards set pursuant tosection55or thestandardssetbyvirtueofother lawwhichremain in forceaccordingtosection56.

Part 3Pollution Control Area

Section 59 In case it appears that any locality is affected by pollutionproblems and there is a tendency that such problems may be aggravated tocause health hazards to the public or adverse impact on the environmentalquality, the National Environment Board shall have power to publish notification

in the Government Gazette designating such locality as a pollution controlarea in order to control, reduce and eliminate pollution.

Section 60 ForthepurposeoftheChangwatActionPlanforenvironmentalqualitymanagementtobepreparedaccordingtosection37,thelocalofficialin the locality designated as the pollution control area pursuant to section59,shallprepareandsubmitanactionplanforreductionanderadicationofpollutioninsuchareatotheChangwatGovernorinordertoincorporatesuchplanintotheChangwatActionPlanforenvironmentqualitymanagement. In preparing the action plan for reduction and eradication of pollution,stepsshallbetakenasfollows: (1) tosurveyandcollectdataconcerningpointsourcesofpollutionlocatedwithinthelimitsofthatpollutioncontrolarea. (2)tomakeaninventoryshowingthenumber,typeandsizeofpointsourcesofpollutionundersurveyandcollectionofdataaccordingto(1)above.

(3)tostudy,analysesandassessthestateofpollution,aswellasthescope,nature,severityoftheproblemandimpactsonenvironmentalqualityin order to specify suitable and necessary measures for mitigation anderadication of pollution in that pollution control area. Thepollutioncontrolofficialshallgiveadviceandassistanceto thelocalofficialnecessary for thepreparationof theactionplan to reduceanderadicatepollutionaccordingtothefirstandsecondparagraphs.

Section 61 The action plan for reduction and eradication of pollutionin the pollution control area under section 60 shall propose the estimation andrequestforgovernmentbudgetandFundallocationsforconstructionoroperationofthecentralwastewatertreatmentplantorthecentralwastedisposalfacilitynecessary to reduce and eradicate pollution in that pollution control area.

Section 62 Incaseitisnecessarytoacquireapieceoflandtobeusedasthesiteofthecentralwastewatertreatmentorcentralwastedisposalfacilityforanypollutioncontrolareabutstateowned land isnotavailable,stepsshallbetakentoselectandacquire landforthesitingpurpose.If thereareexpenses,theestimateandrequestforgovernmentbudgetandFundallocationshallbemadeintheChangwatActionPlan. If it is unable toproceedunder the first paragraph, suitable land shallbe selected and proposed to the Minister in order to take steps to expropriatesuch land inaccordancewith the lawonexpropriationof immovableproperty.



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Section 63TheChangwatGovernorshallsuperviseandoverseethelocalofficial'sactionsundersection59.Ifnoactionistakenbythelocalofficialwithin a reasonable time, the Changwat Governor shall have the power totake action on behalf of the local authority upon notification to such localauthorityandtheNationalEnvironmentBoard.

Part 4Air and Noise Pollution

Section 64Usablevehicleshallconformtotheemissionstandardsprescribedforsuchvehiclepursuanttosection55. Section 65 If it is found that the use of any vehicle is in violation ofsection64,thecompetentofficialshallhavethepowertoprohibittheuseofsuchvehiclepermanentlyoruntil itwill havebeenmodifiedor improved tomeettheemissionstandardrequirementsprescribedpursuanttosection55.

Section 66 In issuing the order prohibiting to use of vehicle accordingto section 65, the competent official shallmake the sign clearly shown thewords “UseProhibitedPermanently” or “Useprohibited temporarily” or anyothersign,knownandunderstoodbygeneralpublictohavethesamemeaning, on any part of such vehicle. Themakingorremovalof thesignunderthefirstparagraph,ortheuseofvehiclewhilethesaidsignison,shallbeinaccordancewiththerules,methodsandconditionsspecifiedintheministerialregulation.

Section 67 Inperforminghisdutyundersection65, thecompetentofficialhasthepowertostopandinspectthevehicle,enterintothevehicleortodoanyactnecessarytocheckandtesttheengineandequipmentofsuchvehicle.

Section 68TheMinistershall,withtheadviceofthePollutionControlCommittee,havethepowertopublishnotificationintheGovernmentGazettespecifying the types of point sources of pollution that shall be controlled inregard to the emission of polluted air, ray, or other pollutants, in the form ofsmoke, fume, gas, soot, dust, ash, particle or any other form of air pollutant, totheatmosphere,inconformitywiththeemissionstandardsprescribedundersection55,orstandardsprescribedbyanygovernmentagencybyvirtueofthe other lawwhich remain in force according to section 56, or standardssetby theChangwatGovernor isspecialcasefor thepollutioncontrolareaaccordingtosection58.

Theownerorpossessorof thepoint sourceofpollution. under thefirstparagraphhasthedutytoInstallorbringintooperationanon-sitefacilityfor air pollution control, equipment or other instrument as determined bythepollutioncontrolofficial inorder tocontrol,dispose, reduceoreliminatepollutants whichmay affect the air quality, unless such facility, equipmentorinstrumenthasalreadybeeninplaceandstillinaworkingconditionuponthe inspection and test by the pollution control official. For the purpose ofthissection, thepollutioncontrolofficialmayalso require that theoperationof such facility, equipment or instrument be controlled by the MonitoringControl Operator.

Theprovisionsofthefirstandsecondparagraphsshallapplymutatismutandis to the point source of pollution which emit or generate noise orvibration inexcessof theemissionstandardssetpursuant tosection55,orthestandardssetbyanygovernmentagencybyvirtueoftheotherlawwhichremain in forceaccording tosection56,or thestandardssetby theChangwatGovernor in specialcase for thepollutioncontrolareaaccording tosection58.

Part 5Water Pollution

Section 69TheMinistershall,withtheadviceofthePollutionControlCommittee, have the power to publish notification in the GovernmentGazette specifying the types of point sources of pollution that shall becontrolled in regard to the discharge of wastewaters or wastes into publicwatersourcesorintotheenvironmentoutsidethelimitsofsuchpointsources,in conformitywith the effluent standards set pursuant to section 55, or thestandards set by any government agency by virtue of the other lawwhichremain in force according to section 56, or the standards set by theChangwatGovernor in special case for the pollution control area according to section 58.

Section 70Theownerorpossessorof thepointsourceofpollutionunder section 69 has the duty to construct, install or bring into operation anon-site facility for wastewater treatment or waste disposal as determinedbythepollutioncontrolofficial.Forthispurpose,thepollutioncontrolofficialmay also require that such owner or possessor commission a MonitoringControl Operator to control the wastewater treatment or waste disposalfacility that shall be constructed, installed or brought into operation accordingly. Ifanypointsourceofpollutionhashadanon-site facility forwastewatertreatmentorwastedisposalbeforethedateofnotificationoftheMinister



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undersection69, theownerorpossessorof suchpoint sourceofpollutionshall inform the pollution control official to check the functioning system ofthefacility. If itscapability totreatwastewatersordisposeofwastesfails tomeettheapplicablestandards,theownerorpossessorhasthedutytomodifyorimproveitinconformitywiththepollutioncontrolofficial'sdirections.

Section 71 Inanypollutioncontrolareaor localitywhereacentralwastewater treatment plant or a central waste disposal facility has beenbrought intooperationby theadministrationconcerned, theownerorpossessorofthepointsourceofpollutionaccordingtosection70,firstparagraph,whohas not yet constructed, installed or brought into operation the on-site facilityforwastewatertreatmentorwastedisposalaccordingtotheprescriptionofthepollutioncontrolofficial,ormaynotwanttoconstructormakearrangementsfor such a system, shall have the duty to send thewastewaters or wastesgenerated by his activities to the central wastewater treatment plant orcentralwastedisposal facility in thepollutioncontrolareaor in that localityfor treatment or disposal and shall have the duty to pay the service fees attheratesfixedbyvirtueofthisActortheotherrelatedlaws.

Section 72Inanypollutioncontrolareaorlocalitywherethecentralwastewater treatmentplantorcentralwastedisposal facilityhasbeenbroughtinto operation by the administration concerned, the owner or possessorof any point source of pollution, except those under section 69, shall havetheduty to sendwastewaters orwastes fromhis source of pollution to thecentral wastewater treatment plant or the central waste disposal facility inthat pollution control area or locality for treatment or disposal and shall havethedutytopayservicefeesattheratesfixedbyvirtueofthisActortheotherrelated laws,exceptsuchpointsourceofpollutionhasalreadyhad itsownwastewatertreatmentorwastedisposalfacilitywhichiscapabletomeetthestandards prescribed under this Act.

Section 73 No person shall be employed as a Monitoring Control OperatororasaServiceContractor,whorenders forhire theservicesofwastewatertreatmentorwastedisposal,withoutobtainingthelicencefromthelocalofficial.

Applicationand issuanceof licence,qualificationsof theapplicant,controlof the licensee'sperformance, renewalof licence, issuanceofcertificatein lieu of the license, suspension or revocation of the licence and fee paymentsfor theapplicationand issuanceof licenceshallbe inaccordancewith therules, procedures and conditions stipulated by ministerial regulation.

Thepersonwhohasobtaineda licencetobeaServiceContractorshallalso be deemed to have obtained a licence to be a Monitoring Control Operator.

In rendering the servicesofwastewater treatmentorwastedisposalby theServiceContractoraccording to thefirstparagraph, theservicechargesshallnotexceedtheratesfixedbytheministerialregulation.

Section 74Inanypollutioncontrolareaorlocalitywherethecentralwastewatertreatmentorcentralwastedisposalfacilityofthepublicserviceisyettobeputintooperation,butthereisnonethelessaServiceContractorwhoislicensedtorendersuchserviceswithinthatarea,theownerorpossessorof the point source of pollution according to section 70 and section 71 shall berequiredtosendthewastewatersorwastesfromhispointsourcefortreatmentor disposal by such Service Contractor in accordance with the rules,regulations,methodsandconditionsprescribedbythelocalofficial,withtheadviceofthepollutioncontrolofficial.

Section 75Inanypollutioncontrolareaorlocalitywherethecentralwastewater treatment or centralwastedisposal facility is yet tobeput intoservice by the government and there is no licensed Service Contractorrenderingservicestherein,thelocalofficialmay,withtheadviceofthepollutioncontrol official, determine a temporarymethod necessary for the treatmentofwastewaters ordisposal ofwastes frompoint sourcesof pollutionundersection 70 and section 71 until the centralwastewater treatment or centralwaste disposal facility will have been constructed, installed and put intooperationwithinsuchpollutioncontrolareaorlocality.

The temporarymethod forwastewater treatment orwaste disposalaccording to thefirstparagraphshallmean to include thecollection, transportorconveyanceofwastewatersorwastesbywhateverappropriatemeanstobe treatedordisposedby thecentralwastewater treatmentplantorcentralwaste disposal facility of the government in the other area; or to allow thelicensed Service Contractor rendering services in the other area render thesameservicesinthatpollutioncontrolareaorlocalitytemporarily;ortoallowsuch licensed Service contractor to collect and transport wastewaters orwastestotreatordisposebyhisownwastewatertreatmentorwastedisposalfacility located outside that pollution control area or locality

Section 76Wastewaters treated by either the central wastewaterstreatment plant of the government or by the wastewater treatment facilityof the Service Contractor must also have the properties which meet therequirementsoftheeffluentstandardsprescribedbyvirtueofsection55,orthe standards prescribed by virtue of the other law which remain in forceaccordingtosection56,or thestandardssetbytheChangwatGovernor inspecialcaseforthepollutioncontrolareaaccordingtosection58.



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Section 77 The government agency or the local authority whichmakesprovision for the services of centralwastewater treatment or centralwastedisposalfacilitiesbyusinggovernmentbudget,orrevenuesofthelocalauthority, and Fund allocations under this Act shall be responsible for themanagement and control of such facilities. In this respect, the responsibleagency or local authority may employ a licensed Service Contractor under theAct to manage and control the operation of such facilities.

Regulations, rules and methods for conveyance, collection and transportofwastewaters orwastes from the point sources of pollution to the centralwastewater treatment plant or central waste disposal facility as well asprescriptions, prohibitions, restrictions and other conditions for discharginganddrainingofwastewatersorwastesfromfactoriesandotherpointsourcesofpollutionundersection72intothesystemsofcentralwastewatertreatmentorcentralwastedisposalfacilitiesshallbeprescribedbytheministerialregulation.

Part 6Other Pollution and Hazardous Waste

Section 78 The collection, transport and other arrangements for thetreatmentanddisposalofgarbageandothersolidwastes;thepreventionandcontrol of pollution from mining both on land and in the sea; the preventionand control of pollution from the exploration and drilling for oil, natural gasand all kinds of hydrocarbon both on land and in the sea; and the preventionand control of pollution resulting or originated from the discharge of oil andthe dumping ofwastes and othermatters from sea-going vessels, tankers,and other types of vessel, shall be in accordancewith the governing lawsrelated thereto.

Section 79 Incase there isnospecific lawapplicable thereto, theMinister shall,with the advice of the PollutionControlCommittee, have thepower to issueministerial regulationspecifying the typesandcategoriesofhazardous wastes generated from the production and usage of chemicalsor hazardous substances in the production process to industry, agriculture,sanitationandotheractivitieswhichshallbebroughtundercontrol.For thispurpose, rules, regulations, measures and methods must also be prescribedfor the control of collection, storage, safety measures, transportation, importinto the Kingdom, export out of the Kingdom, and for proper and technicallysoundmanagement,treatmentanddisposalofsuchhazardouswastes



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Part 7Monitoring. Inspection and Control

Section 80Theownerorpossessorofthepointsourceofpollution,requiredby virtueof section68or section70, to havehis own facility for treatmentofpollutedair,equipmentorinstrumentforcontrolofthedischargeofpollutedairorotherpollutantsorthewastewatertreatmentorwastedisposalfacility,shallhavethedutytocollectstatisticsanddatashowingthedailyfunctioningof the said facility or equipment and instrument, andmake detailed notesthereof to be kept as recorded evidence at the site of that point source ofpollution, and shall submit report summarizing the functioning results of thefacility,equipmentorinstrumenttothelocalofficialofthelocalitywheresuchpoint source is situate at least once a month.

The collection of statistics and data, the making of notes and reportsshall be in accordancewith the rules, procedures,methods and format specifiedby ministerial regulation.

In case the facility for treatment of polluted air, wastewaters orwastedisposalorequipmentandinstrumentindicatedinthefirstparagraphrequiresaMonitoringControlOperatorasdeterminedbythepollutioncontrolofficial,theMonitoringControlOperatorshallhavethedutytoactunderthefirstparagraphonbehalfoftheownerorpossessor.

TheServiceContractor licensed to renderwastewater treatment orwaste disposal services shall have the duty to do the same as the owneror possessor of the point source of pollution is required under the firstparagraph.

Section 81 Thelocalofficialshallgatherthereportsreceivedaccordingtosection80andsend them to thepollutioncontrolofficial,whohas jurisdictionover that locality, on a regular basis at least once a month. In doing so, the localofficialmaymakecommentsforconsiderationofthepollutioncontrolofficial.

Section 82 In order to perform his functions under this Act, thepollutioncontrolofficialisempoweredasfollows:

(1)Toenter into thebuilding,placeandsiteof the factoryorpointsource of pollution or the site of wastewater treatment or waste disposalfacilitywhichbelongstoanyperson,betweenthesunriseandthesunsetorduring theworkinghours, to inspect the functioningprocessofwastewatertreatmentorwastedisposalfacility,airpollutioncontrolsystemorequipmentandotherinstrumentforthecontrolofpollutedairorotherpollutants,aswell

as to examine the notes, statistics or data on the functioning of the said facility,equipment and instrument, or when there is a reasonable suspicion thatthereisanon-compliancewiththisAct. (2)Toissueanorderinwritingdirectingtheownerorprocessor,themonitoring Control Operator, or the licensed Service Contractor rendering theservicesofwastewatertreatmentorwastedisposal,tocorrect,change,improveorrepairtheairpollutioncontrol,wastewatertreatmentorwastedisposalfacility or other equipment and instrument for the control of polluted air orother pollutants. If however, the point source of pollution is a factory, theofficialunder the lawon industrialplantsshallbenotified to takeactionwithinhispowerandduty.Ifsuchofficialfailstodoso,thepollutioncontrolofficialshallhavethepowertotakeactioninaccordancewiththisAct.

(3)To issueawrittenorderdirectingtheownerorpossessorof thepointsourceofpollutionwhichisnotafactorytopaypenaltiesasprovidedunder section 90, section 91 or section 92. If the point source of pollution is afactorytheofficialunderthelawonindustrialplantsshallbenotifiedtoordertheownerorpossessortosuchfactorytopaythepenaltiesand,indoingso,such official under the law on industrial plants shall be deemed to be thepollutioncontrolofficialunderthisAct.If,however,suchofficialfailstoissuethepenaltyorderwithinareasonabletime, thepollutioncontrolofficialshallthenhave thepower to issue theorderdirecting theownerorpossessorofsuch factory to pay the penalties.

(4)ToissueawrittenorderdirectingtheServiceContractorlicensedto render theservicesofwastewater treatmentorwastedisposal tostoporshutdownhisservices,orrevokinghislicenseincasesuchServiceContractorviolatesordoesnotcomplywith thisAct,oranyministerial regulation, localordinance,rule,notificationorconditionissuedorstipulatedbyvirtueofthisAct,ordoesnotcomplywiththeorderofthepollutioncontrolofficialissuedby virtue of this Act.

(5) To issueawrittenordersuspending theMonitoringControlOperatorunder section 68 or section 70 in case such Monitoring Control Operatorviolatesordoesnotcomplywith thisAct,oranyministerial regulation, localordinance,rule,notification,orconditionissuedorstipulatedbyvirtueofthisAct,ordoesnotcomplywiththeorderofthepollutioncontrolofficialissuedby virtue of this Act.

Section 83 In case it is deemed reasonable in the interest of co-ordinationofactionamongagenciesconcerned,thepollutioncontrolofficialmay:



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(1)Recommend theofficialwhohas the legalpower tocontrol thepointsourceofpollution, toclosedown itsoperation, tosuspendor revokethelicenseofitsowneroroperator,ortobaritsuseorutilizationinanyway,especially in connection with the point source of pollution under section68,section69orsection74whichhasno intention to treat thepollutedair,wastewaters or otherwastes and illegally discharges the untreatedwastesinto the environment outside the limits of its site and premise. (2)Recommendthelocalofficial-totakelegalactionagainsttheowneror possessor of the point source of pollution under section 71 or section72 in order to coerce him to sendwastewaters orwastes to be treated ordisposedinaccordancewiththisAct. (3)Giveadviceandsuggestionstothelocalofficialorthegovernmentagencyconcernedinconnectionwiththeoperationandmaintenanceofthecentralwastewater treatmentplantor thecentralwastedisposal facilityundertheresponsibilityofsuchlocalofficialorgovernmentagency.

Section 84 ln the performance of duty under this Act, the competentofficial or thepollutioncontrol officialmustproducehis identity cardat therequestofthepersonconcerned. Theidentitycardofthecompetentofficialandpollutioncontrolofficialshall be in such a form as prescribed in the ministerial regulation.

Section 85Theowneroroccupiertopremises,vehiclesoranypersonconcerned shall facilitate the performance of duty under this Act by thecompetentofficialor thepollutioncontrolofficialwhoshallbeofficialunderthe Panal Code.

Section 86Theperformanceofdutybythecompetentofficialundersection50,firstparagraph,orsection65andtheperformanceofdutybythepollutioncontrolofficialundersection82(1)shallbedoneinthepresenceoftheowneroroccupierof thepremiseorvehicles; ifsuchpersoncannotbefound,itshallbedoneinthepresenceofatleasttwootherpersonsrequestedbythecompetentofficialorthepollutioncontrolofficialtoattendaswitnesses. Section 87Theownerorpossessorofthepointsourceofpollution,theServiceContractor licensed to render servicesofwastewater treatmentorwastedisposal,theMonitoringControlOperatororanyotherpersonwhoisnotsatisfiedwiththeorderofthepollutioncontrolofficialundersection82(2),(3),(4)or(5),isentitledtochallengesuchorderbypetitiontothePollutionControlCommitteewithin thirtydays from thedateof receiving theorderofthepollutioncontrolofficial.

If the petitioner does not agree with the decision of the PollutionControlCommittee,heshallappealtotheMinisterwithinthirtydaysfromthedateofreceivingnotificationofthePollutionControlCommittee'sdecision.

ThedecisionoftheMinistershallbefinal.

Part 8Service Fee and Penalty

Section 88 Inanypollutioncontrolareaor localitywhereacentralwastewater treatment plant of a central waste disposal facility has beenconstructed and brought into operation as a public utility service, funded bygovernment budget or revenue of the local administration and money allocatedformtheFundasprovidedinthisAct,theNationalEnvironmentBoardshall,withtheadviceofthePollutionControlCommittee,fixtheratesofservicefeetobeapplicablewithin the limitsofeachpollutioncontrolareaor locality,beingthe site of and served by the operation of such facility.

The service fee rates fixed according to the foregoing first paragraphshallbenotifiedandpublishedintheGovernmentGazette.

Section 89Theratesofservicefeefixedaccordingtosection88fortreatment of wastewaters or for disposal of wastes emanated from pointsources pursuant to section 71 and section 72 may be varied as appropriate.The owner or possessor of point source of pollution governed by theprovision of section 72, in the category of domestic household, that can beclassifiedasasmall-scaleuser isentitled tobeexempted fromthepaymentofservicefeesinaccordancewiththerulesandconditionsstipulatedbytheNationalEnvironmentBoard,with theadviceof thePollutionControlCommittee.

Section 90Anyownerorpossessorofpointsourceofpollutionwhoavoidedly refrains from sendingwastewaters orwastes to the centralwastewatertreatmentplantorthecentralwastedisposalfacilityasreqUiredbysedion71orsection72andillegallydischargedsuchwastewatersorwastesintotheenvironmentoutsidethelimitsofthesiteofthepointsourceownedorpossessedbyhim,ordoessendthewastewatersorwastestothecentralwastewatertreatmentplantorthecentralwastedisposalfacilityofthepublicservicefortreatmentbutfailsor refuses tomakepayment for theservice feeswithoutbeingentitled to theexemption as provided by section 89, second paragraph, shall be liable to pay asa penalty four time as much the amount of service fee that he is liable to pay



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at the rate fixed in accordancewith section 88 until the provision of this Act isobserved by him.

Section 91Anyownerorpossessorofthepointsourceofpollutionrequiredbysection70tohaveanon-sitefacilityforwastewatertreatmentorwastedisposal,whoillegallydischargeswastewatersorwastesintothecentralwastewatertreatmentplantorthecentralwastedisposalfacilityofthepublicservice, shall be liable to pay as a daily penalty four time as much the amountofdailyexpensesforthenormaloperationofhison-sitefacilityforwastewatertreatmentorwastedisposalthroughoutthedurationofsuchillegaldischargeand shall also be liable to pay damages if such illegal discharge has causedany damage or defection to the central wastewater treatment plant or thecentralwastedisposalfacilityofthepublicservice.

Section 92Anyownerorpossessorofthepointsourceofpollutionsubject to the requirements of section 68 or section 70, who refrains fromusinghison-site facilitiesorequipment for thecontrolofairpollution,noisepollution and vibrations, or refrains from operating his on-site facilities for thetreatmentofwastewatersordisposalorwastesandillegallydischargessuchuntreated wastewaters or wastes into the environment outside the limits ofthe site of the point source of pollution, shall be liable to pay as a daily penaltyfour time as much the amount of daily expenses for the normal operationof his facilities, equipment or process for wastewater treatment or wastedisposal throughout the duration of such illegal discharge.

Section 93 Thelocalauthorityorthecompetentofficialofthegovernmentagency responsible for the operation of the public wastewater treatmentplantorwastedisposal facilityshallhavethepowerandduty tocollectservicefees, penalties and claim for damages as provided in this Part, particularly inconnectionwiththeoperationofthecentralwastewatertreatmentplantorthecentralwastedisposal facilityof thepublicservicewhich ismadeavailableby such local authority or government agency.

The service fees and penalties collectable in accordancewith theforegoing first paragraph shall be exempted frombeing remitted to the Treasuryas government revenues, but shall be deducted and remitted to the Fund attheratiospecifiedby theFundCommittee,whereas thebalance there fromshall be used as expenditures for operation and maintenance of the centralwastewater treatmentplantor thecentralwastedisposal facilityof the localauthorityorgovernmentagencywhichisresponsibletocollectsuchservicefees and penalties.



in Thailand 68 69

Section 94Theownerorpossessorofanypointsourceofpollution,who has the duty according to this Act or other related laws to install anon-site facility for treatmentofpollutedairorwastewatersor fordisposalofanyotherwastes,includingtheprocurementofequipment,instrument,tools,appliances or materials necessary for control of pollution from such pointsource, or the Service Contractor licensed pursuant to this Act, is entitled torequestforpromotionalsupportsandassistancefromthegovernmentserviceinthefollowingmatters:

(1) Request for assistance regarding import duties for the importinto the Kingdom of necessarymachinery, equipment, instrument, tools,appliancesormaterialswhicharenotavailableintheKingdom.

(2)Applicationforpermissiontobringforeignexpertsorspecialistsinto thecountry tocarryoutworksconcerning the installation,monitoring,control or operation of air pollution control systems,wastewater treatmentworks orwaste disposal facilities in casequalifiedpersonswithin theKingdomare not available for recruitment and commissioning to supervise and controlmachinery, equipment, instrument or tools imported into theKingdompursuant to sub-section (1), includingapplication for exemptionof income taxthatwill incur fromtheperformanceofworkasasupervisorofsuchpersonwithintheKingdom.

Theownerorpossessorofthepointsourceofpollutionwhohasnolegaldutyasreferredtointheforegoingfirstparagraph,butnonethelesswishestoinstallanon-sitefacilitywithhisownequipment,instrument,toolsorappliancesforairpollutioncontrol,wastewatertreatmentorfordisposalofotherwastesemanated from his activities or business undertakings, is also entitledto request forpromotionalsupportsanassistance from thegovernmentserviceinaccordancewiththeforegoingfirstparagraph.

Section 95 The request for promotional supports and assistanceaccordingtosection94shallbemadetotheNationalEnvironmentBoardinaccordancewiththerules,procedures,methodsandformatsprescribedbyministerial regulation. TheNationalEnvironmentBoardshallconsiderandproceedwiththerequestforpromotionalsupportsandassistanceaccordingtotheforegoingfirstparagraphasitseesfit,takingintoaccounttheeconomic,financialandinvestment necessities of each individual applicant. In case it is consideredappropriate to give assistance to the applicant, the National EnvironmentBoard shall recommend the government agencies concerned to act withintheirpowersandfunctionstorenderpromotionalsupportsandassistancetothe applicant accordingly.

Chapter V Promotional Measures



in Thailand 70 71

Section 96 If leakage or contamination caused by originated from anypoint source of pollution is the cause of death, bodily harm of health injury ofany person or has caused damage in any manner to the property of any privatepersonoroftheState,theownerorpossessorofsuchpointsourceshallbeliabletopaycompensationordamagestherefor,regardlessofwhethersuchleakageorcontaminationistheresultofawillfulornegligentactoftheowneror possessor thereof, except in case It can be proved that such pollutionleakage or contamination is the result of: (1)Forcemajeureorwar.

(2)AnactdoneincompliancewiththeorderoftheGovernmentorState authorities.

(3)Anactoromissionofthepersonwhosustainsinjuryordamage,oranythirdpartywhoisdirectlyor indirectlyresponsiblefortheleakageorcontamination.

Thecompensationordamagestowhich theownerorprocessorofthepoint sourceofpollution shallbe liableaccording to the foregoingfirstparagraph shall mean to include all the expenses actually incurred by thegovernment service for the clean-up of pollution arisen from such incident ofleakage or contamination.

Section 97Anypersonwhocommitsanunlawfulactoromissionbywhatever means resulting in the destruction, loss or damage to naturalresourcesownedbytheStateorbelongingtothepublicdomainshallbeliableto make compensation to the State representing the total value of naturalresourcessodestroyed,lostordamagedbysuchanunlawfulactoromission.

Section 98Anypersonwhoviolatesorrefusestoobservetheorderissuedby virtueof section8or obstructsanyactdone incompliancewithsuchordershallbepunishedbyimprisonmentnotexceedingoneyearorfinenot exceeding one hundred thousand baht, or both. Incase thepersonwhoviolatesor refuses toobserve theorderorobstructsanyactdoneincompliancewithsuchorderisthepersonwhohascaused danger or damage arisen from pollution, such person shall be punishedbyimprisonmentnotexceedingfiveyearsorfinenotexceedingfivehundredthousand baht, or both. Section 99Anypersonwhoillegallyencroachesupon,occupies,orentersintopubliclandtoactinanymannerwhichresultsinthedestruction,lossordamagetonaturalresourcesortreasuresworthyofbeingconserved,or causes the occurrence of pollution having impact on the environmentwithin the limits of environmentally protected area designated by virtue ofsection43shallbepunishedbyimprisonmentnotexceedingfiveyearsorfinenotexceedingfivehundredthousandbaht,orboth. Section 100Anypersonwhoviolatesorrefrainsfromobservingtherestrictions stipulated by ministerial regulation issued according to section44orbynotificationgivenby theMinisteraccording tosection45shallbepunishedbyimprisonmentnotexceedingoneyearorfinenotexceedingonehundred thousand baht, or both.

Section 101Anypersonwhospreadsordisseminatesfalseinformationabout the danger from any point source of pollution with the intention todestroy its reputation or to undermind public trust on the lawful operationof its business or activity shall be punished by imprisonment not exceedingoneyearorfinenotexceedingonehundredthousandbaht,orboth.

Chapter VI Civil Liability Chapter VII Penal Provisions



in Thailand 72 73

If the spread or dissemination of information according to the foregoingfirstparagraph isdonebymeansofpublication,announcement,advertisementor report throughnewspaper, radio, televisionor other formsofmassmedia. thepersonwhocommitssuchactshallbepunishedby imprisonmentnotexceedingfiveyearsorfinenotexceedingfivehundredthousandbaht,orboth.

Section 102Anypersonwhoviolatestheorderofcompetentofficialforbiddingtheuseofvehicleaccordingtosection65shallbepunishedbyfinenotexceedingfivethousandbaht.

Section 103Anypersonwhorefusestoobservetheordergivenbycompetentofficialaccordingtosection67shallbepunishedbyimprisonmentnotexceedingonemonthorfinenotexceedingtenthousandbaht,orboth.

Section 104Anyownerorpossessorofthepointsourceofpollutionwhorefrains fromobserving theprovisionofsection71,oranypersonwhorefrainsfromobservingtheprovisionofsection72,ortheruleslaiddownbythe local authority by virtue of section 74 or section 75, first paragraph, orthe ministerial regulation issued by virtue of section 80 shall be punished byimprisonment not exceeding one year or fine not exceeding one hundredbaht, or both.

Section 105AnypersonwhorendersservicesasaMonitoringControlOperator or as a Service Contractor for wastewater treatment or wastedisposalwithoutthelicensegrantedaccordingtosedion73shallbepunishedbyimprisonmentnotexceedingoneyearorfinenotexceedingonehundredthousand baht, or both.

Section 106Anyownerorpossessorofthepointsourceofpollutionorany Monitoring Control Operator any Service Contractor rendering the servicesofwastewater treatmentorwastedisposal,who refrains fromcollectingstatisticsordataorfrommakingnotesorreportsasrequiredbySection80shall be punished by imprisonment not exceeding one month or fine notexceeding ten thousand baht, or both.

Section 107 Any Monitoring Control Operator or Service ContractorhavingthedutytomakenotesorreportsaccordingtothisAct.whointentionallymakes such notes or reports showing false information or statements shallbepunishedbyimprisonmentnotexceedingoneyearoffinenotexceedingone hundred thousand baht, or both.

Section 108 Any person who obstructs or refuses to comply withtheorderofthepollutioncontrolofficialgivenintheperformanceofhisduty

accordingtoSection82(2)shallbepunishedbyimprisonmentnotexceedingonemonthorfinenotexceedingtenthousandbaht,orboth.

Section 109AnyServiceContractorrenderingservicesforwastewatertreatmentorwastedisposalorderedbythepollutioncontrolofficialtostoporclosedownhisservicespursuanttoSectionB2(5),oranyMonitoringControlOperatorwhoselicensehasbeenrevokedbytheorderofthepollutioncontrolofficialpursuanttoSectionB2(6),whoviolatesorrefusestocomplywithsuchorder of the pollution control official or continues to carryon his service inviolation of such order shall be punished by imprisonment not exceeding oneyearorfinenotexceedingonehundredthousandbaht,orboth.

Section 110Anyownerorpossessorofthepointsourceofpollutionwhoemploystheperson,whoselicensetobeaMonitoringControlOperatorhas been revoked, to supervise and monitor the operation of air pollution control,wastewater treatment,orwastedisposal facility thathehasthedutyto installandoperateaccordingtothisAct,shallbepunishedbyfinenotexceedingfiftythousand baht.

Section 111 Incasetheoffenderwhoisliabletobepunishedaccordingto this Act is a juristic person, the directors or managers of such juristic person,oranypersonwho isresponsible for thebusinessoperationofsuch juristicperson,shallalsobepunishablebythesamepenaltiesprescribedbylawforsuch offense, unless it can be proved that they have no part to play in thecommission of such offense.



in Thailand 74 75

Section 112 In the period during which the National EnvironmentBoard isyet tobeappointed inaccordancewithsection12of thisAct, theNational EnvironmentBoard appointedprior to thedate of effectiveness ofthisActshallcontinuetoholdofficeinordertoperformitsfunctionuntil thenewBoardshallbeappointedandtakeovertheoffice, Section 113Allministerialregulations,rules,procedures,notificationsor orders, issued by virtue of the Enhancement and Conservation of NationalEnvironmentalQuality Act, B,E, 2518which remain in force on the date ofeffectiveness of this Act, shall continue to be effective, insofar as they are notinconflictwithorcontrarytothisAct,unlessanduntilministerialregulationsrules,procedures,notificationsororderswillhavebeenissuedinaccordancewiththisAct.

Section 114Theperson,whohasbeenholdingalicenseasaneligibleperson to prepare reports concerning the study and measures for the preventionof and remedy for the adverse effect on environmental quality by virtue ofthe Enhancement and Conservation of National Environmental Quality Act,B.E,2518,shallcontinuetobeeligibletopreparetheEnvironmentalImpactAssessmentreportprovidedbythisAct,untilsuchpersonisrequiredbytheMinistertoapplyforlicenseinaccordancewiththisAct.

Section 115 For all the reports concerning the study and measuresfor the prevention of and remedy for the adverse effect on environmentalquality required for any project or activity pursuant to the EnhancementandConservationof theNationalEnvironmentalQualityAct,B,E,2518, thathavebeenfiledpriortothedateonwhichthisActshallcomeintoeffectandstillpendingreviewbytheOfficeofNationalEnvironmentBoard,thereviewandapprovalofsuchreportsshallbefurtherproceededwithinaccordancewith the rulesandprocedures laiddownbyvirtueof theEnhancementand

Conservation of National Environmental Quality Act, B.E. 2518. For thispurpose,thepoweranddutyoftheOfficeofNationalEnvironmentBoardin become the power and duty of theOffice of Environmental Policy andPlanning. Countersigned by: Anand Panyarachun Prime Minister Published in the Government Gazette, Vol. 109, Part 37, dated 4th

April B.E. 2535 (1992).

Remark: Reference to Thai legislation in any jurisdiction shall bemade to the Thai version only. This translation has been made so as toestablish correct understanding about this Royal Decree to foreigners.

Interim Provisions



in Thailand 76 77

Appendix IITypes and sizes of projects or

activities requiringpreparation of

Environmental ImpactAssessment reports

Type of projects or activitiesItem Sizes Principle, Method, Procedure

1. Mining defined by the Mineral Act: 1.1 Mining projects as follow: 1.1.1 Coal Mining All sizes Submit during apply for mining concession 1.1.2 Potash Mining All sizes Submit during apply for mining concession 1.1.3 Rock Salt Mining All sizes Submit during apply for mining concession 1.1.4 Limestone Mining All sizes Submit during apply for mining concession for cement industry 1.1.5AIIMetalMining Allsizes Submit during apply for mining concession 1.2 Underground Mining All sizes Submit during apply for mining concession Projects 1.3 All Mining Projects located in the following areas: 1.3.1 Class 1 Watershed area All sizes Submit dunng apply for mining concession according to cabinet resolution 1.3.2 Sea All sizes Submit during apply for mining concession 1.3.3 Conservation Forests All sizes Submit during apply for mining concession added by cabinet solution 1.3.4 RAMSAR Sites All sizes Submit during apply for mining concession 1.3.5Areaslocatednextto Allsizes Submit during apply for mining concession Ancient Remains, Archaeological Resources, Historical Sources or Parks regulated by Ancient Monuments,Antiquesand National Museum Act or World Heritage Sites inscribed in World Heritage List according to World Heritage Convention within2 kilometer distance 1.4 Mining Projects with All sizes Submit during apply for mining concession explosive materials 1.5 Other Mining Projects All sizes Submit during apply for mining concession except for item 1.1-1.4 but not include mining projects as follow: 1. Glass sand 2. Cement Clay 3. Ceramic Clay 4. Marl 5.BallClay 6. Fire Clay 7. Diatomite



in Thailand 78 79

Type of projects or activities Type of projects or activitiesItem ItemSizes SizesPrinciple, Method, Procedure Principle, Method, Procedure

2. Petroleum Industry 2.1 Petroleum Exploration by All sizes Submit during apply for project approval means of geophysical drill form related government agencies or permittingagenciesdefinedbyPetroleum Act 2.2 Petroleum Production All sizes Submit during apply for project approval Industry form related govern ment agencies or permittingagenciesdefinedbyPetroleum Act

3. The Petroleam and Fuel Oil All sizes Submit in license approval period Pipeline System Project besides 3.1 the Natural Gas Pipeline System Project having a Maximum Operating Pressure of less than or equal to twenty bars and a pipeline diameter of less than or equal to sixteen inchs, in any area, except for areas otherwise provided by a resolution of Council of Ministers or by law; 3.2 The Natural Gas Pipeline System Project having a Maximum Operating Pressure of more than twenty bars and a pipeline diameter of more than sixteen inches situated in an industrial estate under the law on industrial estate

4. Industrial Estate as defined by Allsizes SubmitdUringapplyforapermitof the Industrial Estate Authority project construction or operation of Thailand Act or Projects with identical feature or Land Allocation Project for industrial development

5. Petrochemical Industry using Productivity Submit during apply for a permit of chemical process In production is 100 tons/ project construction or operation day or more

6. Petroleum Refining Industry All sizes Submit during apply for a permit of project construction or operation

7. Natural Gas Separation All sizes Submit during apply for a permit of Industry or Natural Gas project construction or operation Reforming Industry

8. Chlor-alkallne Industry that Productivity Submit during apply for a permit of required Sodium Chloride as each or total project construction or operation raw material to produce Sodium products are Carbonate, Sodium Hydroxide, 100 tons/day Hydrochloric Acid, Chlorine, or more Sodium Hypo-Chloride and BIeaching powder

9. Cement Industry All sizes Submit during apply for a permit of project construction or operation

10. Pulp Industry Productivity Submit during apply for a permit of is 50 tons/ project construction or operation day or more

11. Pesticide Industry or Industry All sizes Submit during apply for a permit of producing active ingredient by project construction or operation chemical process

12. Chemical Fertilizer Industry All sizes Submit during apply for a permit of using chemical process project construction or operation

13. Sugar Industry 13.1 Producing raw sugar, All sizes Submit during apply for a permit of white sugar and refine sugar project construction or operation 13.2 Producing Glucose. Productivity Submit during apply for a permit of Dextrose, Fructose or other is 20 tons/ project construction or operation products alike day or more

14. Iron Dr Steel Industry Productivity Submit during apply for a permit of is 100 tons/ project construction or operation day or more



in Thailand 80 81

20. Highway or road which defined by the Highway Act. passing through the following areas: 20.1 Wildlife sanctuaries and All sizes Submit during apply for project Wildlife non-hunting area permission or approval defined by Wildlife Conservation and Protection Act 20.2 National Park which All sizes Submit during apply for project defined by National Park Act permission or approval 20.3 Watershed area All sizes Submit during apply for project classified as class 2 by the permission or approval cabinet resolution 20.4 Mangrove forests All sizes Submit during apply for project designated as National Forest permission or approval Reserve 20.5 Coastal area within 50 All sizes Submit during apply for project meters of the highest sea permission or approval level by nature 20.6 Areas located next to All sizes Submit during apply for project RAMSAR sites or World permission or approval HeritageSites inscribed in World Heritage List according to World Heritage Convention within 2 kilometer distance 20.7 Areas located next to All sizes Submit during apply for project Ancient Remains. Archaeological permission or approval Resources, Historical Sources or Parks regulated by Ancient Monuments, Antiques and National Museum Act or World Heritage Sites inscribed in World Heritage List according to World Heritage Convention within 2 kilometer distance 21. Rail-Type Mass Transit System All sizes Submit during apply for project permission or approval


15. Minerai Smelting Industry. Productivity Submit during apply for a permit of Mineral Dressing Industry or is 50 tons/ project construction or operation Metal Melting Industry except day or more Iron or Steel

16. Liquor and Alcohol Industries Including beer and wine 16.1 Liquor and Alcohol Productivity Submit during apply for a permit of Industries is 40,000 project construction or operation liter/month or more (calculated at 28 degrees) 16.2 Wine Industry Productivity Submit during apply for a permit of is 600.000 project construction or operation liter / month or more 16.3 Beer Industry Productivity Submit during apply for a permit of is 600.000 project construction or operation liter/month or more

17. Central Waste Treatment Plant All sizes Submit during apply for a permit of defined by the Factory Act project construction or operation

18. Thermal Power Plant Productivity Submit during apply for a permit of of electricity project construction or operation is 10 MW or more

19. Expressway as defined by the All sizes Submit during apply for project Expressway and rapid Transit permission or approval Authority of Thailand Act or other projects alike



in Thailand 82 83

22. Port With capacity Submit during apply for project of vessels for 500 gross tons or more orwiththe total length of the front port is 100 meters or moreorwith the total port area is 1,000square meter or more

23. Recreational Port With capacity Submit during apply for project of 50 vessels permission or approval or more

24. Land Reclamation All sizes Submit during apply for project permission or approval

25. Construction or Expansion of Structures close to or in the sea 25.1 Groin. Training letty. All sizes Submit during apply for project Training Wall permission or approval 25.2 Offshore Breakwater All sizes Submit during apply for project permission or approval

26. Aviation Transportation System 26.1 Construction or Expansion Therunway Submitduringapplyforproject of commercial airport or length is permission or approval temporary take-off or landing 1,100 meters strips for commercial purposes or more 26.2 Water Airport All sizes Submit during apply for permission of airport establishment or of aircraft take-off-Ianding

27. Building which defined by the Building Control Act that has location or building utilization as follow: 27.1 Building that located With 23 meter Submit during apply for a permit for near rivers, seacoast, lakes or height or more construction or at a time of notification beaches or in the vicinity or thetotalfloor tolocalofficialsincaseofnopermit inside National Parks or areaor requiredwhichdefinedbytheBuilding Historical Parks which may individual Control Act potentially cause unpleasant area in the impact to environmental quality same building isequalto 10,000 square meters or more 27.2 Building used for With 23 Submit during apply for a permit for wholesale or retail business meterheight constructionoratatimeofnotification ormoreor tolocalofficialsincaseofnopermit thetotalfloor requiredwhichdefinedbytheBuilding area or Control Act individual area in the same building isequalto 10,000square meters or more 27.3 Building used as private With 23 Submit during apply for a permit for office meterheight constructionoratatimeofnotification ormoreor tolocalofficialsincaseofnopermit thetotalfloor requiredwhichdefinedbytheBuilding area or Control Act individual area in the same building isequalto 10,000square meters or more




in Thailand 84 85

28. Land Allocation for residential 500 plots of Submit during apply for a permit of or commercial purposes whichlandormore landallocationdefinedbytheLand defined by the Land Allocation or total Allocation Act Act allocated area is more than 100 Rai (16hectares)

29. Hospitals or Nursing Homes that defined by the Medical Services Act located in the following area: 29.1 Areas are near rivers, Total 30 Submit during apply for a permit for seacoast lake or beaches in-patient's constructionoratatimeofnotification within 50 meters distance bedormore tolocalofficialsincaseofnopermit requiredwhichdefinedbytheBuilding Control Act 29.2 Other areas from 29.1 Total 60 Submit during apply for a permit for in-patient's constructionoratatimeafnotification bedormore tolocalofficialsincaseofnopermit requiredwhichdefinedbytheBuilding Control Act

30. Hotel or Resort which defined Total 80 Submit during apply for a permit for by the Hotel Act roomsor constructionoratatimeofnotification moreortotaltolocalofficialsincaseofnopermit utilization requiredwhichdefinedbytheBuilding area is 4,000 Control Act square meters or more

31. Residential Building which With 80 Submit during apply for a permit for defined by the Building roomsor constructionoratatimeofnotification Control Act moreor tolocalofficialsincaseofnopermit utilization requiredwhichdefinedbytheBuilding area is 4,000 Control Act square meters or more

32. Irrigation Irrigated Submit during apply for project area of permission or approval 80.000 Rai (12.800 hectares)or more

33. All projects located in the areas All sizes Submit during apply for project classified as Class 1 watershed permission or approval area by the cabinet resolution

34. Trans Watershed Diversion 34,1Transmajorwatershed Allsizes Submitduringapplyforproject diversion as temporarily permission or approval operated except for disaster or impact to public security 34.2 International trans All sizes Submit during apply for project watersheddiversionas permissionorapproval tempo rarity operated except for disaster or impact to public security

35. Sluicegate in the Major River All sizes Submit during apply for project permission or approval

36. Coke production All sizes Submit during apply for project permission or approval


Remark:TypesandsizesoftheprojectsoractivitiesNo.15and26.2thatshallbesubjectto the preparation of Initial Environmental Examination reports.



in Thailand 86 87

Appendix IIITypes and Sizes

of Projects or Activitieswhich may seriously affect community

with respect to Quality ofEnvironment, Natural Resources

and Health

1. Land reclamation in the sea or lake More than 300 Submitted for project's approval In the external existing coastline Rai of land or project's permission except it is done for seashore improving purpose.

2. Mining with defined by the Mineral Act as follow: 2.1 Underground mining which All sizes Submitted for mining concession the structure has been specifically designed for subsidence after stopping operation without being suspended or without refilling substituted material to avoid subsidence. 2.2 Lead mine, Zinc mine or All sizes Submitted for mining concession other metal which used Cyanide or Mercury or Lead Nitrate in production process or other metal mine which used Arsenopyrite as associated mineral. 2.3 Coal mining which is More than Submitted for mining concession specifically loaded Coal from the 200,000 ton area by trucks. per month or 2,400,000 ton per year 2.4 Marine mining All sizes Submitted for mining concession

3. Industrial Estate in accordance to Industrial Estate Act or Project with Identical characterstlcs of Industrial Estate mentioned as follow:

Type of projects or activitiesItem Sizes Principle, Method, Procedure



in Thailand 88 89

3.1 Industrial Estate or Project All sizes Submitted for project's approval with identical characteristics of or project's permission Industrial Estate which is established to support petrochemical industry described in 4 or ironworks industry that described in 5.1 or 5.2 more than 1 factory. 3.2 Industrial Estate or Project All sizes Submitted for project's approval with identical characteristics of or project's permission Industrial Estate which is expanding area to support petrochemical Industry described in 4 or ironworks industry that described in 5.1 or 5.2

4. Petrochemical Industry that mentioned in the following: 4.1 Upstream Petrochemical All sizes or Submitted for construction's Industry extensive permission or operational productivity permission or expansion more than 35% of the existing production 4.2 Intermediate Petrochemical Industry which is mentioned as follow: 4.2.1 Intermediate Petrochemical Productivity is Submitted for construction's Industry which is manufactured more than 100 permission, operational chemical substance or used ton per day or permission or expansion chemical substances which are total extensive Cancer stimulant group 1 as raw production is material more than 100 ton per day 4.2.2 Intermediate Petrochemical Productivity is Submitted for construction's Industry which is manufactured more than 700 permission or operational chemical substance or used ton per day or permission or expansion chemical substances which are total extensive cancer stimu lant group 2A as raw production is material more than 700 ton per day

5. Minerai Smelting Industry or Melting Metal Industry which is mentioned in the following: 5.1 Ironworks Industry Quantity of Submitted for construction's Ore input of permission, operational production permission or expansion is more than 5,000tonper day or the total quantityofore input in production process is more than5,000ton per day 5.2 Ironworks Industry which is All sizes Submitted for construction's manufactured Coke Coal or permission, operational provided with sintering process permission 5.3 Mineral Smelting Industry Quantity of Submitted for construction's of Copper, Gold or Zinc Ore input of permission, operational production permission or expansion process is more than 1,000 ton per day or the totalquantity of ore input in production process is more than 1,000 ton per day 5.4 Smelting Lead All sizes Submitted for construction's permission, operational permission 5.5 Melting Metal (except Iron Quantity of Submitted for construction’s and Aluminum) Industry output is more permission, operational than50tonper permission or expansion day or the total output is more than50tonper day




in Thailand 90 91

5.6 Melting Lead Industry Quantity of Submitted for construction's output is more permission, operational than 10 ton per permission or expansion day or the total output is more than 10 ton per day

6. Manufacturing. disposal or All sizes Submitted for operational modification of radioactive permission substance

7. Central Waste Treatment Plant or All sizes Submitted for construction's buried garbage or unused material permission, operationa manufacturer as defined by the permission Factory Act which Is burning or buried hazardous waste except burning in cement oven that used hazardous waste as substituted raw material or additional fuel

8. Project of aviation transportation With the Submitted for project's approval system construction or project's permission or expansion or extension of runwayis longer than 3,000 meters

9. Port 1. With the berth Submitted for project’s approval length is 300 or project’s permission meters or more or port area is 10,000square meters or more except port that local people use in daily life and for tourism purpose 2. With the Submitted for project’s approval diggingofwater or project’s permission course is 100,000 cubic meters or more

3. whichusedin Submitted for project’s approval loading hazard or project’s permission material or hazardouswaste whichiscancer stimulant group 1 intotalquantity of 25,000 tons per month or more or 250,000 tons per year or more

10. Dam or reservior 1.With the Submitted for project's approval capacity of or project's permission storedwateris 100 million cubic meters or more 2. The area of Submitted for project's approval storedwater orproject'spermission is 15square kilometers or more

11. Thermal Power Plant as follow: 11.1 Electric Plant using coal as Total Submitted for construction’s fuel productivity permission, operational of electricity is permission more than 100 megawatts 11.2 Electric Plant that used Total Submitted for construction’s biomass fertilization as fuel productivity permission, operational of electricity is permission more than 150 megawatts 11.3 Electric Plant that used Total Submitted for construction’s natural gas as fuel which is productivity permission, operational co-thermal system of combined of electricity permission cycle or co-generation is more than 3,000 megawatts 11.4 Nuclear Power Plant All sizes Submitted for construction’s permission, operational permission




in Thailand 92 93

Appendix IVProjects within the Environmentally

Protected Areas (EPA)

Projects within the Environmentally ProtectedAreas (EPA), required EIA or lEE depends on conditionsand notifications of each EPA

(http://www.onep.go.th/enviurban/index.phpaccessed April B.E. 2554)Lists of EPA are the following: 1. Doonlampan forest, Mahasarakham Province 2. Pattaya, Chonburi province, islands and territorial water

3. Phuket Province, island and territorial water

4. Coastal areas of Bang Taboon Subdistrict, Baan Leam District ofPhetchaburi Province through Pak Nam Pran Subdistrict, Pranburi District ofPrachuapkirikhan Province

5. Phi Phi islands and territorial water, parts of Aow Nang Subdistrict,Sai Thai Subdistrict, Nong Thaley Subdistrict and Pak Nam Subdistrict,MuangKrabi District, Krabi Province

6. Kuraburi, Takuapa, Tai Muang, Tub Pud, Muang Phang-nga, Ta Kua Tung and Koh Yao Districts, Phang-nga Province

7. Aow Luk, Muang Krabi, Nuea Klong Klong Tom and Koh LanTaDistricts, Krabi Province 8. Taling Ngam, Bo Phut, Maret, Mae Nam, Na Mueang, Ang Thong,Lipa Noi, Koh Samui Districts, Koh Pha-nga, Ban Tai, Koh Tao and Amphole,Koh Pha-ngan Districts, Surat Thani Province



in Thailand 94 95

Appendix VTypes and Sizes of Projects in Forest

Conservation Area that requiredElA report, lEE report,

Environmental Checklist

1. Projects that require EIA report 1.1 Dam or reservoir project in national forest conservation area over500 Rai. 1.2 Hydro powerplant project dam type and weir type (non-reservoir),over 10 MW. 1.3 Transmission line project (for power plant under section 46 of theNational Environmental Quality Act 1992), in national forest conservationare need to report together with that power plant 1.4 Petroleum survey project by seismic wave measure accordingto petroleum act 1.5 Project under the third category according to the factories act

2. Projects that require specific IEE report (InitialEnvironmental Examination) 2.1 Dam or reservoir with in national forest conservation areabetween 50 to 500 Rai. 2.2 Hydro power plant project dam type and weir type (non-reservoir)between 200 kilowatt to 10 megawatt 2.3 Transmission line project or the specific case ofthe radial expansionof the security of right of way in national forest conservation area. 2.4 Road construction or expansion project and construction in nationalforest conservation area over 5 km. 2.5 Pipe construction project or irrigation system project in nationalforest conservation area over 5 km. 2.6 Mineral survey project according to the mineral act 2.7 Mine project according to the mineral act In case of concessionextension. 2.8 Project under the second category according to the factories act

3. Projects required Environmental Checklistwith environmental impact mitigation and preventivemeasures and environmental impact monitoringmeasures. AllprojectsexcludedEIAandlEErequired,projectsneedtoprovideenvironmentalchecklistwithenvironmental impactmitigationandpreventivemeasures and environmental impact monitoring measures.



in Thailand 96 97

Appendix VIQualif ication of EIA specialist

rules and procedures to obtainEIA consultant license

and control of licensee

Qualification of EIA specialist, rules and procdures to obtain EIA consultant license and control of licensee Section1 Qualified parties are 1.1 University Academic Institute, or Research Institute who is Thaijuristic person. 1.2 Juristic person registered under Thai Laws 1.2.1 As all Thai partnership company. 1.2.2 As limited partnership with non limited liability Thai partnerandnotlessthan51%ofequityareheldbyordinaryThai citizen,withThainationality. 1.2.3 As limited company withmore than half of Board of DirectorcomprisedofThaicitizenandmorethan51%ofregistered capital are held by ordinary Thai citizen. 1.3 As juristic person with foreign registration but working togetherwith qualified organization as per 1.1 and 1.2 in submitting the report. 1.4 As State enterprise, established by a specific Act, to own enterprise. 1.5 As Mining Federation to serve members of the Federation.

Applicant for license as per 1.1 and 1.2 must have head offices oroffices in Thailand. Applicant as 1.2 and 1.3 must be in the business of research and technical consultation.

Application must not be have their licenses revoked in the past 3years. {as per Section 13 (3) (4) (5) (6) (7)}

Section2 Application for EIA expert license registration form must be submitted to the Secretary of NEB or to authorized person, mentioning name, age,address, education and experience concerning Environment conservation ofexpert and technical officer as required by section 4



in Thailand 98 99

Section3 The format of the EIA license will be according to the attached format. The License will be valid for 5 years from the date issued. Upon issuing EIA license NEB may attach special conditions ordirections to limit the size and kind of projects in the license

Section4 Licensee must arrange for following person to prepare EIA report,during The life of the license 4.1 One full time expert who will take full responsibility for the reportand will have following qualification. 4.1.1Universitygraduatedorequivalent inoneof the following subject. Environmental Science, Sanitation or Ecology Environment Engineering or Sanitary Engineering Environmental Economics 4.1.2 With experience In promoting and conserving environmental qualityaccordingtothestandardlaidoutbyNEB. 4.1.3 Does not have record in falsifying report during the last 3years,fromthedatethelicenseofparticipatingbodywaswithdrawn. 4.2 Three full time technical officers who have following qualifications. 4.2.1 University graduate or equivalent in Sciences, Engineering or Social Science. 4.2.2 Do not have report in participation to falsify report during the last 3 years. NEBcanexemptindividualqualificationrequirementofexpertsasper4.1 Section5 If the licensed person lacks qualification as per Section 1, the licenseemust stop operation until the situation is rectified.

The licensee must notify the secretary of NEB or authorized personwith in 15 days of the lack of qualification and must rectify the situation within90 days of the event.

On special occasion, NEB may allow the licensee to continue to operatewhile the situation is being rectified under specific, special conditions.

Section6 If the licensee wish to change the expert or the technical officer,the licensee must notify the Secretary of NEB, specifying name, address,education and experience of new expert within 90 days of the change.

Section7 The EIA report must have signature of responsible expert as per 4.1and three technical officers (4.2) who participated in preparation of report,with name & license number of the licensee.

Section8 If the license certificate is destroyed, lost or damaged, causing it to beillegible, the licensee must apply for a replacement certificate directly to theSecretary of NEB, within 30 days of the known date of event with evidence.

Section9 The replacement license certificate must be marked as “Replacement”in red ink with the date of issuance and the signature of the approving person.

Section10 The license certificate must be displayed in the open area, in thelicensee's office.

Section11 In case of public complaint to the Secretary of NEB or when theSecretary notes that: 11.1 The licensee perform bad and may cause damage to the ThaiGovernment 11.2 The licensee allows participation of expert or technical officerswho have their licenses revoked because of falsification of report. 11.3 The licensee lack of quality as per Section 1. 11.4 the licensee does not have qualified person as per Section 4.



in Thailand 100 101101

11.5 The information on the license application were false.

11.6 The license was suspended as per Section 12 by reason of 12.1 or 12.2 repeatedly.

11.7 the report was falsified.

11.8 The licensee violates of does not comply with the conditions asstated in the license.

TheSecretaryofNEBwillsubmitrequesttoNEBtosuspendorwithdrawthelicenseasperSection12&Section13.

Section12 NEB has authority to suspend license when

12.1 the report was prepared badly and may cause damage to ThailandGovernment. 12.2 the licensee allows participation of expert or technical officerswho have their licenses revoked because of report falsification.

12.3 the licensee violates of does not comply with the conditions aslaid out in the license.

The license may be suspended for at least 6 month, but not morethan 12 months as per violation 12.1, and at least 3 months but not morethan6monthsasPer12.2&12.3

Thelicenseemuststopworkingonthedateofnotification.

Section13 NEB can revoke the license when it is apparent that:

13.1 The licensee lack qualification as Section 1.

13.2 The licensee does not have expert or technical officers as perSection 4.

13.3 The information of the license certificate application was not true.

13.4 The licensee repeats the offense as per 12.1, 12.2, 12.3 13.5 The licensee falsify report.

13.6 The licensee does not comply with laws & regulation.

13.7 The licensee violates or does not follow the conditions, laid outin the license, which specifically will lead to withdrawing of license. Thelicenseemuststopworkingfirmthedatenotified.

Section14 Before suspending or revoking license, NEB must investigate and givethe licensee have a chance to know the complaint to supply explanation andevidence against the complaint. NEB in the mention may order suspensionof licensee operation until officially ordered to resume or to suspense operation.

If the license is revoked as per 13.5 the name of expert and technicalofficers must be mentioned in the official order.

Section15 License fee

15.1 EIA consultant license application form 40 baht.

15.2 EIA consultant license fee 4,000 baht/year.



in Thailand 102 103

Environmental Impact Assessment in Thailand

Advisors Raweewan Bhuridej

Pongboon Pongtong

Asdaporn Krairapanond

Piyanan Soponkanabhorn

Editors Rosalind Amornpitakpun

Pongsak Auesuwanna

Pannipa Suebsing

Sirikarn Chongpitakwong

ISBN 978-616-316-082-9

1st edition May, 2012 500 copies

2nd edition June, 2013 500 copies

3rd edition August, 2015 500 copies

Citation Off ice of Natural Resources and Environmental

Policy and Planning. Ministry of Natural Resources

and Environment, 2015.

Environmental Impact Assessment In Thailand.

Bangkok. 102 p.

Available from Environmental Impact Evaluation Bureau

Off ice of Natural Resources and

Environmental Policy and Planning

Ministry of Natural Resources and Environment

60/1 Soi Phibulwattana 7 Rama VI Rd.,

Bangkok 10400

Telephone: (+66) 2 265-6500#6832

Facsimile: (+66) 2 265-6629

http://www.onep.go.th/eia

Designed & Printed by Wannakorn Varavalai

59/173 Soi Charan Sanitwong 96/1, Bang Ao, Bangphlat,

Bangkok 10700

M: 097 265-7955 jyw_v jillyee Wannakorn

e-mail: [email protected]

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