His Majesty King Bhumibol
Adulyadej is graciously pleased to proclaim that
Whereas it is deem expedient to reform and improve the law on enhancement and conservation of national environmental quality.
Be it, therefore, enacted
by the King, by and with the advice and consent of the National
Legislative Assembly, acting as the National Assembly, as follows
Section 1 This
Act shall be called "The Enhancement and Conservation of
National Environmental Quality Act, B.E. 2535"
Section 2 This
Act shall come into effect after the elapse of a period of sixty
days from the date following its publication in the Government
Gazette.
Section 3 The following Acts shall be repealed
"Environment" means natural things which form the physical and biological conditions surrounding man and man-made things.
"Environmental Quality" means the balance of nature, being composed of animals, plants, natural resources and man-made objects which is for the benefit of subsistence of mankind and the sustenance of human-being and nature.
"Environmental Quality Standards" means the parameters of quality standards for water, air, noise and other conditions of the environment which are determined as the general criteria for enhancement and conservation of environmental quality.
"Fund" means the Environmental Fund.
"Pollutant" means wastes, hazardous substances and other polluting substances as well as residues, sediments or remainders of such matters, which are discharged from point sources of pollution or naturally occur in the environment, that have or are likely to have impacts on environmental quality or to cause conditions poisonous or harmful to the health and hygiene of the public, and shall mean to include radiation, heat, light, noise, odor, vibration or other nuisances emanated or discharged from point sources of pollution.
"Pollution" means the state or environment that has been affected, changed or contaminated by pollutants, resulting in deterioration of environmental quality, such as water pollution, air pollution, soil pollution.
"Point Source of Pollution" means any community, factory, building, structure, vehicle, place of business or activity or any other thing from which pollution is generated.
"Waste" means refuse, garbage, filth, dirt, wastewater, polluted air, polluting substances or any other hazardous substances which are discharged or originated from point sources of pollution, including residues, sediments or remainders of such matters, either in the state of solid, liquid or gas.
"Wastewater" means waste in liquid state including polluting or contaminating substances contained in such liquid.
"Polluted Air" means waste in gaseous state in the form of vapor, steam, exhaust, fume, odor, smoke, gas, dust, soot, ash or other polluting substances in the form of particulate matters that can be suspended in the atmospheric air.
"Hazardous Substance" means explosive substances, inflammable substances, oxidizing and peroxiding substances, toxic substances, pathogenic substances, radioactive substances, genetic transforming substances, corrosive substances, irritating substances, or other substances whether chemical or not, which may cause danger to human-being, animal, plant, property or the environment.
"Nuisance" means nuisance according to the law on public health.
"Factory" means factories according to the law on industrial plants.
"Building" means buildings according to the law on building control.
"Vehicle" means automobiles or motorcycles according to the law on automobiles, vessels according to the law on Thai vessels and aircraft according to the law on aviation.
"Monitoring Control Operator" means the person licensed to monitor, control, assess, operate and maintain wastewater treatment or waste disposal facility, or equipment, instrument, tools, appliances for control, treatment or disposal of any other pollution, which the owner or possessor of point source of pollution manages to construct and bring into operation by his own investment and expenses for the treatment of wastewaters or disposal of wastes or any other pollutants.
"Service Contractor" means the person licensed to render for hire the services of wastewater treatment or waste disposal or monitoring of environmental quality.
"Conservation Area" means the areas designated as national parks, wildlife reserves, tourism preserve and other protected areas pursuant to the governing laws related thereto.
"Local Official" means
"Pollution Control Official" means the person appointed by the Minister to perform the functions concerning pollution control under this Act.
"Competent Official" means the person appointed by the Minister to have power and duty to take action under this Act.
"Minister" means the Minister of Science, Technology and Environment.
Section 5 In
case any provision under this Act refers to Changwat or mandates
the power and duty of the Changwat Governor, such reference or
mandate shall denote the inclusion of Bangkok Metropolitan Administration
or the power and duty of the Governor of Bangkok Metropolitan
Administration, as may be the case.
Section 6 For
the purpose of public participation in the enhancement and conservation
of national environmental quality, the following rights and duties
may be accorded to individual person as provided by this Act or
governing law related thereto :
(1) To be informed and obtain
information and data from the government service in matters concerning
the enhancement and conservation of environmental quality, except
the information or data that are officially classified as secret
intelligence pertaining to national security, or secrets pertaining
to the right to privacy, property rights, or the rights in trade
or business of any person which are duly protected by law.
(2) To be remedied or compensated
by the State in case damage or injury is sustained as a consequence
of dangers arisen from contamination by pollutants or spread of
pollution, and such incident is caused by any activity or project
initiated, supported or undertaken by government agency or state
enterprise.
(3) To petition or lodge complaint against the offender in case of being a witness to any act committed in violation or infringement of the laws relating to pollution control or conservation of natural resources.
(4) To co-operate and assist government officials in the performance of duty relating to the enhancement and conservation of environmental quality.
(5) To strictly observe the
provisions of this Act or other laws concerning the enhancement
and conservation of environmental quality.
Section 7 In
order to encourage public participation in the promotion and conservation
of environmental quality, non-governmental organizations (NG0s)
having the status of a juristic person under Thai law or foreign
law which are directly engaged in activities concerning environmental
protection or conservation of natural resources without any objective
to be involved in politics or to make profits from the engagement
in such activities, shall be entitled to register with the Ministry
of Science, Technology and Environment as the NG0s for environmental
protection and conservation of natural resources in accordance
with the rules, procedures and conditions prescribed by ministerial
regulation.
Section 8 The
NG0s that have been registered pursuant to section 7 may request
for government assistance or support in the following matters
:
(1) The organization of volunteers
to assist in the performance of duty of government officials under
this Act or other laws concerning the enhancement and conservation
of environmental quality.
(2) Public relations campaign
and dissemination of information or data to promote public awareness
and proper understanding and knowledge about environmental protection
and conservation of nature and natural resources.
(3) Providing assistance to
people in certain areas of the country to initiate projects or
activities for environmental
protection and conservation of natural resources in such areas.
(4) Conducting study and research in respect of environmental protection and conservation
of natural resources and bringing
to the attention of the Government or agencies concerned on what
are the viewpoints and suggestions based upon the outcome of such
study and research.
(5) Providing legal aid to
people who are in jeopardy of or afflicted by pollution damage
caused by leakage of pollutants or contamination as well as acting
as representative of such pollution victims to bring lawsuit and
litigate claim in court for compensation or damages to which they
are entitled as legal remedies.
In case any registered NG0s,
in the carrying out of activities indicated in the first paragraph,
encounter problems or difficulties and request for help from the
National Environment Board, the Prime Minister shall, with the
recommendation of the National Environment board, have the power
to direct for appropriate recourse or order the government agency
or state enterprise concerned to render assistance or facilitation
as seen fit under the circumstances.
The Fund Committee, with the
approval of the National Environment Board, may consider to allocate
grants or loans in support of any activity of the registered NG0s
as deemed appropriate.
The registered NG0s may propose
for nomination of candidates as representatives of the private
sector to be appointed by the cabinet as qualified members of
the National Environment Board.
In case any registered NGO's
activities are undertaken by causing disturbances or contrary
to public order or unsuitable, the Minister shall have the power
to revoke the registration of the NGO involving in such activities.
Section 9
In case there is an emergency or public danger arising from natural
disaster or pollution caused by contamination and spread of pollutants
which will, if left without any remedial actions, seriously endanger
the safety of life, body or health of the people, or aggravatedly
cause damage to the properties of the people or the State, the
Prime Minister shall have the power to order, as deemed appropriate,
government agencies, state enterprises or any persons, including
the persons who are or may be the victims of such danger or damage,
to take prompt action, individually or jointly, in order to be
able to control, extinguish or mitigate the adverse effects of
such danger or damage. In case any polluters are known and can
be identified, the Prime Minister shall be empowered to enjoin
such persons from any acts which may aggravate the adverse effects
of pollution during the occurrence of such endangering incident.
The Prime Minister may delegate
the power to give orders pursuant to the first paragraph to the
Changwat Governor to exercise such power and act on his behalf
within the territorial jurisdiction of that Changwat. The said
delegation of power shall be made by a written order and published
in the Government Gazette.
When any order is given by
the Prime Minister by virtue of the first paragraph, or by the
Changwat Governor acting on behalf of the Prime Minister by virtue
of the second paragraph, such order shall be published in the
Government Gazette without delay.
Section 10 In
order to prevent, remedy, extinguish or mitigate the emergency
or danger of pollution envisaged by section 9, the Minister shall
determine preventive measures and prepare a contingency plan to
rectify the situation in advance.
Section 11 The
Prime Minister and the Minister of Science, Technology and Environment
shall have charge and control of the execution of this Act, insofar
as it is concerned with their respective powers and duties conferred
upon them under this Act.
The Minister of Science, Technology
and Environment shall have the power to appoint pollution control
officials and other competent officials, issue ministerial regulations
prescribing fees not exceeding the rates attached hereto and prescribing
other activities for the execution of this Act.
The Ministerial Regulations
shall come into force upon their publication in the Government
Gazette.
Section 12 There
shall be a National Environment Board consisting of the Prime
Minister as the Chairman, a Deputy Prime Minister designated by
the Prime Minister as the first Vice Chairman, the Minister of
Science, Technology and Environment as the second Vice Chairman,
the Minister of Defense, the Minister of Finance, the Minister
of Agriculture and Cooperatives, the Minister of Transport and
Communications, the Minister of Interior, the Minister of Education,
the Minister of Public Health, the Minister of Industry, the Secretary-General
of the National Economic and Social Development Board, the Secretary-General
of the Board of Investment, the Director of the Bureau of the
Budget as members ex officio and members qualified in environmental
matters not more than eight persons of which no less than half
shall be representatives from the private sector and the Permanent
Secretary of the Ministry of Science, Technology and Environment
as member and secretary.
The appointment of qualified
members shall be made by drawing from persons who are knowledgeable
and known for their expertise, contributions and experiences in
the matters concerning the enhancement and conservation of environmental
quality.
Section 13 The
National Environment Board shall have the power and duty as follows
(1) To submit policy and plan
for enhancement and conservation of national environmental quality
to the cabinet for approval.
(2) To prescribe environmental
quality standards pursuant to section 32.
(3) To consider and give approval
to the Environmental Quality Management Plan proposed by the Minister
according to section 35.
(4) To consider and give approval
to the Changwat Action Plan for environmental quality management
according to section 37.
(5) To make recommendations
to the cabinet in respect of financial, fiscal, taxation and investment
promotion measures for the implementation of the policy and plan
for enhancement and conservation of national environmental quality.
(6) To propose for amendment
or improvement of laws relating to the enhancement and conservation
of environmental quality to the cabinet.,
(7) To consider and give approval
to the action plan for prevention and remedy of danger caused
by contamination of pollutants or spread of pollution proposed
by the Pollution Control Committee pursuant to section 53 (1).
(8) To consider and give approval
to the setting of emission or effluent standards proposed by the
Minister pursuant to section 55.
(9) To supervise, oversee
and expedite the enactment of royal decrees and issuance of ministerial
regulations, rules, local ordinances, notifications, bye-laws
and orders which are necessary to ensure systematic operation
of the laws relating to enhancement and conservation of environmental
quality to the fullest extent possible.
(10) To submit opinion to
the Prime Minister for his directions in case it appears that
any government agency or state enterprise infringes or refrains
from complying with the laws and regulations for environmental
protection which may cause extensive damage to the environment.
(11) To specify measures for
the strengthening and fostering of co-operation and co-ordination
among government agencies, state enterprises and the private sector
in matters concerning the promotion and conservation of environmental
quality.
(12) To supervise the Fund
management and administration.
(13) To submit reports on
national environmental quality situation to the cabinet at least
once year.
(14) To perform other functions
as may be provided by this Act or other laws to be within the
authority of the National Environment Board.
Section 14 A
qualified member appointed by the cabinet shall hold office for
a term of three years and may be re-appointed for a period of
not more than one consecutive term.
In case an additional appointment
of qualified member is made during the term of those members who
have already been appointed to hold office, the term of additional
membership shall be equal to the remainder of the term of those
members who have already been appointed before.
Section 15 In
addition to the expiration of the term of office according to
section 14, a qualified member appointed by the cabinet shall
vacate office upon
(1) death;
(2) resignation;
(3) being a bankrupt;
(4) being an incompetent or
quasi-incompetent person;
(5) being punished by a final
judgment to a term of imprisonment except for an offence committed
through negligence or a petty offence.
(6) Being dismissed by the
cabinet for incompetence or misconduct or having vested interests
in any activity or business that may have a direct impact on or
adversely affect the environmental quality.
When a qualified member vacates
office before the expiration of his term of office, the cabinet
may appoint another person to fill the vacancy and such person
shall hold office only for the remaining term of his predecessor.
Section 16 In
convening the National Environment Board meeting, if the Chairman
is absent or unable to perform the function, the first Vice Chairman
shall act as the Chairman. If the Chairman and the first Vice
Chairman are both absent or unable to perform the function, the
second Vice Chairman shall act as the Chairman. If the Chairman
and both the two Vice Chairmen are all absent or unable to perform
the function, the members who attend the meeting shall elect one
of the attending members to act as the chairman of the meeting.
Section 17 A meeting of the National Environment Board requires the presence of not less than one-half of the total member of its members to constitute a quorum.
The decision of a meeting
shall be made by a majority of votes. In casting votes, each
member shall have one vote. In case of an equality of votes,
the Chairman of the meeting shall have an additional vote as a
casting vote.
Section 18 The
National Environment Board may appoint an expert committee or
subcommittee to consider or carry out any matter as may be entrusted
by the National Environment Board.
Section 16 and section 17
shall apply mutatis mutandis to the meeting of the expert
committee or subcommittee.
Section 19 The
National Environment Board shall have the power to require government
agencies, state enterprises and other persons to deliver documents
relating to the examination of impacts on environmental quality
and documents or data concerning the projects or work plans of
such government agencies, state enterprises and persons for its
consideration. For this purpose, the Board may, summon persons
concerned to give explanation. If the Board is of the opinion
that any project or work plan may seriously affect the environmental
quality, it shall recommend remedial measures to the cabinet.
In case the documents or data
required to be delivered to the National Environment Board pursuant
to the first paragraph are relevant to trade secrets in the nature
of a patent and protected by the law on. patent rights, the National
Environment Board shall specify suitable measures and methods
for preventing such documents or data from being disclosed to
anyone to ensure 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,
the expert committee or the sub-committee may invite any person
to present facts, explanation, opinion or technical advice as
it deems fit and may request co-operation from any person with
a view to ascertaining any fact or surveying any activity which
may have an adverse effect on environmental quality.
Section 21 In
the performance of its duties under this Act, the National Environment
Board may entrust the Office of Environmental Policy and Planning,
the Pollution Control Department or the Environmental Quality
Promotion Department under the Ministry of Science, Technology
and Environment with the operation or preparation of propositions
to be made to the National Environment Board for further actions.
Section 22 There
shall be established a fund called the "Environmental Fund"
in the Ministry of Finance with the following moneys and properties
:
(1) Money from the Fuel Oil
Fund in the amount determined by the Prime Minister.
(2) Money transferred from the Revolving Fund for Environmental Development and Quality
of Life established by the
Annual Budget for the Fiscal Year of B.E. 2535 Act, B.E.
2535.
(3) Service fees and penalties
collected by virtue of this Act.
(4) Grants from the Government
from time to time.
(5) Moneys or properties donated by donors in the private sector both domestic and foreign,
by foreign governments or
by international organizations.
(6) Interest and benefits
accrued from this Fund.
(7) Other moneys received
for the operation of this Fund.
The Comptroller-General's
Department, Ministry of Finance, shall keep the moneys and properties
of the Environmental Fund and make disbursements from the fund
in accordance with this Act.
Section 23 Fund
disbursements shall be made for the following activities and purposes
(1) As grants to government
agency or local administration for investment in and operation
of the central wastewater treatment plant or central waste disposal
facility, including the acquisition and procurement of land, materials,
equipment, instrument, tools and appliances necessary for the
operation and maintenance of such facility.
(2) As loans to local administration
or state enterprise for making available of air pollution control
system, wastewater treatment or waste disposal facilities to be
used specifically in the activities of such local administration
or state enterprise.
(3) As loans to private person
in case such person has the legal duty to make available and install
an on-site facility of his own for the treatment of polluted air,
wastewater or waste disposal or any other equipment for the control,
treatment or eliminate pollutants that are generated by his activity
or business undertaking, or such person is licensed to undertake
business as a Service Contractor to render services of wastewater
treatment or waste disposal under this Act.
(4) As aids or grants to support
any activity concerning the promotion and conservation of environmental
quality as the Fund Committee sees fit and with the approval of
the National Environment Board.
(5) As expenditures for administering
the Fund.
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 Development Board, the Director of the Bureau of the Budget, 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 and not more than five qualified persons appointed by the National Environment Board as members and the Secretary-General of the Office of Environmental Policy and Planning as member and secretary.
Section 14 and section 15 shall apply mutatis mutandis to the holding office of the qualified members of the Fund Committee.
Section 25 The Fund Committee shall have the power and duty as follows
(1) To consider on Fund allocation
for use in the activities prescribed by section 23.
(2) To prescribe rules, conditions,
procedures and methods concerning application for allocation or
loan from the Fund.
(3) To lay down administrative
rules and procedures concerning the power, duties and working
methods of the Fund managers according to section 29 and section
30 as well as mechanisms for co-ordination among the Fund Committee,
the Comptroller-General's Department and the Fund managers according
to section 29 and section 30.
(4) To lay down rules and
procedures for the receipt and disbursement of moneys from the
Fund.
(5) To fix durations for repayment
of loans from the Fund according to section 23 (2) or (3) as well
as interest rates and securities as necessary and appropriate.
(6) To determine the ratio
and criteria for deduction of service fees and penalties that
are required by section 93 to be remitted to the Fund.
(7) To perform any other functions
provided under this Act.
The prescription of rules according to sub-section (2), (3) or (4) and guidelines for action under sub-section (1) or (5) shall be approved by the National Environment Board.
The Fund Committee may appoint
a subcommittee to consider or carry out any matter as may be entrusted
by the Fund Committee.
Section 26 Section
16, section 17 and section 20 shall apply mutatis mutandis
to the performance of functions of the Fund Committee and
the subcommittee appointed by the Fund Committee.
Section 27 In
consideration to allocate money from the Fund for the purpose
of section 23 (1), the Fund Committee shall give first priority
to the request for allocation under the Changwat Action Plan for
environmental quality management according to section 39 to construct
or operate the wastewater treatment plant or waste disposal facility,
for which certain amount of government budget has been earmarked
or revenues of the local administration have been allocated as
additional contributions to the Fund allocation.
The proportion between the
government budget or contributions from the local revenues and
the Fund allocation to be determined by the Fund Committee according
to the first paragraph shall be determined in accordance with
the rules laid down by the National Environment Board.
Section 28 The Fund allocation as loans to the local administration, state enterprise or private person pursuant to section 23 (2) or (3) shall be determined by the Fund Committee in accordance with the rules and conditions stipulated by the National Environment Board.
in order to encourage compliance
with this Act, the Fund Committee may, with the approval of the
National Environment Board, allocate from the Fund as an exceptional
long-term loan to any local administration, state enterprise,
or private person and may determine to reduce the interest rates
or make exemption to the payment of such interest as deemed appropriate.
Section 29 The
Comptroller-General of the Comptroller-General's Department, Ministry
of Finance, shall be the Fund manager in relation to such portion
of the Fund to be allocated as grants to the government agency
or the local administration for investment in and operation of
the central facility for wastewater treatment or waste disposal
according to section 23 (1) and those portions of the Fund to
be allocated for the purposes other than those provided by section
23 (2) and (3).
Section 30 The
Fund Committee may authorize an appropriate financial institution
owned by the State or the Industrial Financing Corporation of
Thailand to be the Fund manager in relation to such portion of
the Fund that will be allocated as loans to the local administration,
state enterprise or private person pursuant to section 23 (2)
or (3).
In carrying out the management
of Fund according to the First paragraph, the Fund manager has
the duty to study and analyze the investment and technical feasibility
of the project and shall be empowered to enter the loan agreement
on behalf of the Fund Committee in the capacity as the lender,
to keep and disburse moneys to the borrowers from this portion
of the Fund in accordance with the terms and conditions of the
loan agreement, to pursue, demand and receive repayments and interest
from the borrowers in order to pay back to the Fund, and shall
be empowered to lay down rules and procedures, with the approval
of the Fund Committee, for such matters.
Under the loan agreement to
be entered into according to the second paragraph, there must
be a condition stipulated as an essential element of the agreement
that the borrower shall have the duty to make use of the loan
specifically for the purpose of meeting the requirements with
which the borrower has the legal duty to comply under this Act
or other related laws.
Section 31 The moneys received into the Fund and kept by the Comptroller-General's Department, Ministry of Finance, shall be managed by deposit in saving or fixed accounts with State owned financial institutions in order to earn accrued interest.
All moneys earned by the Fund
according to section 22 shall be paid into its account for the
purpose of uses in the activities indicated in section 23 and
shall not be remitted to the Treasury as revenues of the Government.
Part 1
Environmental Quality Standards
Section 32 For
the purpose of environmental quality enhancement and conservation,
the National Environment Board shall have the power to prescribe
by notifications published in the Government Gazette the following
environmental quality standards :
(1) Water quality standards
for river, canal, swamp, marsh, lake, reservoir and other public
inland water sources according to their use classifications in
each river basin or water catchment.
(2) Water quality standards
for coastal and estuarine water areas.
(3) Groundwater quality standards.
(4) Atmospheric ambient air
standards.
(5) Ambient standards for noise and vibration.
(6) Environmental quality
standards for other matters.
The prescription of environmental
quality standards pursuant to the foregoing paragraph shall be
based upon scientific knowledge, principles, criteria and evidence
related thereto and shall also take into account the practicability
of such standards from the viewpoint of economic, social and technological
considerations.
Section 33 The
National Environment Board shall, if deemed reasonable, have the
power to prescribe special standards, which are higher than the
environmental quality standards prescribed pursuant to section
31, for the protection of areas designated as conservation or
environmentally protected area according to section 42, or areas
designated according to section 44, or pollution control areas
designated pursuant to section 58.
Section 34 The
National Environment Board shall have the power to make appropriate
modifications and improvements to the prescribed environmental
quality standards in the light of scientific and technological
progresses and changes in economic and social conditions of the
country.
Section 35 The
Minister shall, with the approval of the National Environment
Board, formulate an action plan called "Environmental Quality
Management Plan" for implementation of the national policy
and plan for enhancement and conservation of environmental quality
determined by virtue of section 13 (1).
The Environmental Quality
Management Plan pursuant to the first paragraph shall be published
in the Government Gazette.
It shall be the duty of all
government agencies concerned to take actions within their powers
and functions that are necessary for effective implementation
of the Environmental Quality Management Plan and in order to ensure
that actions are taken to achieve the objectives and goals as
prescribed, it shall be the duty of the Ministry of Science, Technology
and Environment to give advice to government agencies and state
enterprises which are concerned with the formulation of work plans
or the taking of any actions with a view to implementing the Environmental
Quality Management Plan.
Section 36 The
Environmental Quality Management Plan pursuant to section 35 may
be a short, intermediate or long-term plan, as appropriate, and
should contain work plan and guidance for action in the following
matters :
(1) Management of air, water
and environmental quality in any other area of concerns.
(2) Pollution control from
point sources.
(3) Conservation of natural environment, natural resources or cultural environment pertaining
to aesthetic values.
(4) Estimation of financing
to be appropriated from government budget and allocated from the
Fund which is necessary for implementation of the Plan.
(5) Scheme for institutional
arrangements and administrative orders by which co-operation and
co-ordination among government agencies concerned and between
the public service and private sector could be further promoted
and strengthened, including the determination of a manpower allocation
scheme which is required for implementation of the Plan.
(6) Enactment of laws and
issuance of regulations, local ordinances, rules, orders and notifications
necessary for implementation of the Plan.
(7) Scheme for inspection,
monitoring and assessment of environmental quality by which the
results of implementation of the Plan and enforcement of law related
thereto can be evaluated objectively.
Section 37 After
the Environmental Quality Management Plan has been published in
the Government Gazette, it shall be the duty of the Governor of
the Changwat, in which there is a locality designated as environmentally
protected area according to section 43, or as pollution control
area according to section 59, to formulate an action plan for
environmental quality management at Changwat level and submit
it to the National Environment Board for approval within one hundred
and twenty days from the date on which the Governor of that Changwat
is directed by the National Environment Board to prepare the Changwat
action plan for environmental quality management. If, however,
there is a reasonable ground, the said duration may be extended
as appropriate by the National Environment Board.
In preparing a Changwat Action
Plan for the pollution control area according to section 59, the
Governor shall incorporate into it the action plan for mitigation
and elimination of pollution prepared by the local authority pursuant
to section 60 and the local action plan shall form an integral
part of the Changwat Action Plan.
In case there is any Changwat,
in which no locality is designated as an environmentally protected
area according to section 43, or as pollution control area according
to section 59, that is nevertheless desirous to enhance and conserve
the environmental quality within the limits of its territorial
jurisdiction, the Governor of that Changwat may prepare a Changwat
Action Plan, within the
framework of and in conformity
with the requirements of the Environmental Quality Management
Plan, and submit it to the National Environment Board for approval.
section 38 The Changwat Action Plan to be submitted to the National Environment Board shall be an action plan which proposes a system of integrated management of environmental quality in conformity with the guidance specified in the Environmental Quality Management Plan, taking into account the severity of the problems and economic, social and environmental conditions of that Changwat, and should address and contain essential elements in the following matters
(1) Plan for control of pollution from point sources.
(2) Plan for procurement and acquisition of land, materials, equipment, tools and appliances which are essential for the construction, installation, improvement, modification, repair, maintenance and operation of central wastewater treatment plants or central waste disposal facilities belonging to government agency or local administration concerned.
(3) Plan for collection of taxes, duties and service fees for operation and maintenance of central wastewater treatment plants or central waste disposal facilities referred to in sub-section (2) above.
(4) Plan for inspection, monitoring and control of wastewaters and other waste matters which are discharged from point sources of pollution.
(5) Law enforcement plan for
the prevention and suppression of violation or infringement of
laws and regulations pertaining to pollution control and conservation
of nature, natural resources and cultural environment pertaining
to aesthetic values.
Section 39 The
Changwat Action Plan for environmental quality management to be
given first priority for the consideration of the National Environment
Board must propose an estimate of budgetary appropriation and
allocation from the Fund for the construction or procurement for
the acquisition of a central wastewater treatment plant or a central
waste disposal facility pursuant to section 38 (2). In case any
Changwat is not ready to take steps for the procurement and acquisition
of the central wastewater treatment plant or the central waste
disposal facility, it may instead propose a plan to promote private
investment in the construction and operation of wastewater treatment
or waste disposal facilities in order to make available of such
services within its jurisdiction.
The Changwat Action Plan to
be prepared according to the first paragraph with a request for
budgetary appropriation and allocation from the Fund shall be
accompanied by drawings, plans, specifications and an estimated
price of the project for construction, installation, improvement,
modification, repair, maintenance as well as the process and method
for operation of the proposed central wastewater treatment plant
or central waste disposal facility.
For the purpose of approving
the Changwat Action Plan with a request for budgetary appropriation
in accordance with the first paragraph, the Office of Environmental
Policy and Planning shall be responsible for the gathering and
analysis of the Changwat Action Plans for environmental quality
management in order to make a proposal for annual budgets of the
Office to be earmarked specifically for this purpose.
Section 40 In
case the management of environmental quality in any matters will
have to be carried out in an area adjoining the territorial jurisdictions
of two or more provinces due to the geographical conditions or
the characteristics of the natural ecosystems of that area, or
for the purpose of a sound, systematic and proper management in
accordance with the principle of integrated management of environmental
quality and natural resources, the Governors of the relevant provinces
shall jointly prepare the action plan mandatory required by section
37.
Section 41 In
case any Changwat, which is mandatory required to prepare the
action plan according to section 37, fails or is incapable to
evolve such a plan, or has prepared and submitted the plan as
required but failed to get the approval of the National Environment
Board for any reason, the National Environment Board shall consider
the nature of the problems encountered by that Changwat and evaluate
whether its environmental quality is adversely affected to such
an extent that any action is warrant to rectify the situation.
If action is deemed necessary, the National Environment Board
shall propose to the Prime Minister to issue an order directing
the Ministry of Science, Technology and Environment to prepare
the Changwat Action Plan on behalf of the Changwat in question.
Section 42 Protection
and management of areas within the limits of national parks and
wildlife reserves shall be in accordance with the Environmental
Quality Management Plan effective by virtue of section 35 and
governed by the laws related thereto.
Section 43 In
case it appears that any area is characterized as watershed area,
or characterized by unique natural ecosystems which are different
from other areas in general, or naturally composed of fragile
ecosystems which are sensitive and vulnerable to destruction or
impacts of human activities, or worthy of being conserved due
to its natural or aesthetic values or amenities, and such area
is yet to be designated as a conservation area, the Minister shall,
with the advice of the National Environment Board, be empowered
to issue ministerial regulation designating such area as an environmentally
protected area.
Section 44 In
issuing the ministerial regulation pursuant to section 43, any
one or more of the following protective measures shall be prescribed
thereunder
(1) Land use prescriptions
for preserving the natural conditions of such area or for preventing
its natural ecosystems or its aesthetic values or amenities from
being adversely impacted.
(2) Prohibition of any acts
or activities that may be harmful or adversely affect or change
the pristine state of the ecosystems of such area.
(3) Specifying types and sizes
of projects or activities undertaken by government agencies, state
enterprises or private entities, to be constructed or operated
in such area, which shall have the legal duty to submit reports
of environmental impact assessment.
(4) Determination of management
approach and method specific to the management of such area including
the scope of functions and responsibilities of relevant government
agencies for the purpose of co-operation and co-ordination that
are conducive to efficient performance of work towards the preservation
of natural conditions or ecosystems or aesthetic values and amenities
in such area.
(5) Prescriptions of any other
protective measures which are deemed proper and suitable to the
conditions of such area.
Section 45 In
any area, despite having been designated as a conservation area,
a master town and country plan area, a specific town and country
plan area, a building control area, an industrial estate area
pursuant to the governing laws related thereto, or designated
as a pollution control area pursuant to this Act, but which nevertheless
appears to have been adversely affected by environmental problems
which assume a critical proportion to such an extent that an immediate
action has become imperative and yet no action is taken by government
agencies concerned to rectify the situation due to a lack of clear
legal authorization or otherwise failure to do so, the Minister
shall, with the approval of the National Environment Board, propose
for a cabinet authorization to take any one or several protective
measures provided by section 44, as necessary and appropriate,
in order to control and solve the problems in such area.
When cabinet authorization is obtained as provided in the first paragraph, the Minister shall, by notification published in the Government Gazette, determine the limits of such area and prescribe in detail the protective measures and the duration for which such measures shall be effectively taken therein.
With the approval of the National
Environment Board and the cabinet, the duration of effectiveness
specified according to the second paragraph may be extended by
notification published in the Government Gazette.
Section 46 For
the purpose of environmental quality promotion and conservation,
the Minister shall, with the approval of the National Environment
Board, have the power to specify, by notification published in
the Government Gazette types and sizes of projects or activities,
likely to have environmental impact, of any government agency,
state enterprise or private person, which are required to prepare
reports on environmental assessment for submission to seek approval
in accordance with section 47, section 48 and section 49.
In the notification issued
according to the first paragraph, procedures, rules, methods and
guidelines shall be laid down for the preparation of environmental
impact assessment report for each type and size of project or
activity, including related documents that are required to be
filed together with the report.
In case there has been an
environmental impact assessment concerning project or activity
of any particular type or size, or site selection for such project
or activity in any particular area and such assessment can be
used as a standard assessment applicable to the project or activity
of the same type or size or to the site selection of such project
or activity in the area of similar nature, the Minister may, with
the approval of the National Environment Board, issue a notification
in the Government Gazette exempting such project or activity of
the same or similar nature from the requirement of environmental
impact assessment, provided that the proponent of such project
or activity shall express its consent to comply with various measures
prescribed in the environmental impact assessment report which
is applicable as the standard for assessment of such project or
activity in accordance with the rules and methods specified by
the Minister.
Section 47 In
case the project or activity which is required to prepare the
environmental impact assessment according to section 46 is the
project or activity of a government agency or of a state enterprise
or to be jointly undertaken with private enterprise which is required
the approval of the cabinet in accordance with official rules
and regulations, the government agency or state enterprise responsible
for such project or activity shall have the duty to prepare the
environmental impact assessment report at the stage of conducting
a feasibility study for such project, such report shall be filed
with the National Environment Board for its review and comments
and then submitted to the cabinet for consideration.
In considering to give approval
to the environmental impact assessment report filed according
to the first paragraph, the cabinet may as well request any person
or institution, being an expert or specialized in environmental
impact assessment, to study and submit report or opinion for its
consideration thereof.
For project or activity of
government agency or state enterprise which is not required to
be approved by the cabinet according to the first paragraph, the
government agency or state enterprise responsible for such project
or activity shall prepare and file the environmental impact assessment
report in order to obtain approval prior to the initiation of
such project or activity in accordance with the rules and procedures
as provided by section 48 and 49.
Section 48 in
case the project or activity which is required by section 46 to
prepare the environmental impact assessment report is the project
or activity which is required by law to obtain permission prior
to construction or operation, the person applying for the permission
shall have the duty to file the environmental impact assessment
report with the permitting authority under such law and with the
Office of Environmental Policy and Planning simultaneously. The
report to be filed as aforesaid may be made in the form of an
initial environmental examination (I.E.E.) in accordance with
the rules and procedures determined by the Minister pursuant to
section 46, second paragraph.
The official who is legally
authorized to grant permission shall withhold the granting of
permission for the project or activity referred to in the first
paragraph until having been notified by the Office of Environmental
Policy and Planning of the result of consideration pertaining
to the review of the environmental impact assessment report in
accordance with section 49.
The Office of Environmental
Policy and Planning shall examine the environmental impact assessment
report and related documents filed therewith. If it is found
that the report as filed is not correctly made in accordance with
the rules and procedures specified by virtue of section 46, second
paragraph, or the accompanied documents and data are incomplete,
the Office of Environmental Policy and Planning shall notify the
person applying for permission who files the report within fifteen
days from the date of receiving such report.
In case the Office of Environmental
Policy and Planning finds that the environmental impact assessment
report together with related documents as filed is duly made and
completed with the data as required, or has been duly amended
or modified in accordance with the foregoing third paragraph,
it shall review and make preliminary comments on the report within
thirty days from the date of receiving such report in order that
the report together with the preliminary comments shall be referred
to the committee of experts for further consideration.
The appointment of the committee
of experts according to the foregoing fourth paragraph shall be
in accordance with the rules and procedures determined by the
National Environment Board. The committee shall be composed of
expert members who are qualified or specialized in various fields
of related disciplines and the authority legally competent to
grant permission for the given project or activity under review,
or its representative, shall be included in its membership.
Section 49 The
review and consideration by the committee of experts according
to section 48 shall be carried out within forty-five days from
the date of receiving the environmental impact assessment report
from the Office of Environmental Policy and Planning. If the
committee of experts fails to conclude its review and consideration
within the said period, the report shall be deemed to have been
approved by it.
In case the committee of experts
approves or is deemed to have given approval to the report, the
official legally empowered to grant permission shall accordingly
order that the permission be granted to the person who applies
for it.
In case approval of the report
is denied by the committee of experts, the permitting authority
shall withhold the granting of permission to the person applying
for it until such person will resubmit the environmental impact
assessment report that has been amended or entirely redone in
conformity with the guidelines and detailed requirements determined
by the order of the committee of experts.
When such person has resubmitted
the environmental impact assessment report that has been amended
or entirely redone, the committee of experts shall review and
conclude its consideration within thirty days from the date of
receiving the resubmitted report, If the committee of experts
fails to conclude its review and consideration within the said
period, it shall be deemed that the committee has approved the
report and the permitting authority shall accordingly grant permission
to the person who applies for it.
In case it is deemed reasonable
the Minister may issue notification in the Government Gazette
requiring that the project or activity of the type and size specified
by the notification issued by virtue of section 46 also file the
environmental impact assessment report when the application is
made for renewal of permission for such project or activity in
accordance with the same procedures as applicable to the application
for the permission.
Section 50 For
the purpose of review and consideration of the environmental impact
assessment report pursuant to section 48 and section 49 and site
inspection is deemed appropriate, the committee of experts or
the competent official assigned by the committee shall be authorized
to inspect the site of the project or activity identified in the
report for which approval thereof is sought.
When the committee of experts
has approved the environmental impact assessment report pursuant
to section 49, the official who is legally competent to grant
permission or the renewal of permission shall stipulate as the
conditions of permission or renewal thereof all the mitigation
measures proposed in the environment impact assessment report
and all such conditions shall be deemed the conditions prescribed
by virtue of the governing laws on the subject matter.
Section 51 For
the purpose of compliance with section 47 and section 48, the
Minister may, with the approval of the National Environment Board,
require that the environmental impact assessment report as required
by section 46 be prepared or certified by the person who is licensed
to be a specialist in environmental impact assessment.
Application and issuance of
license, qualifications of specialists who will be eligible to
prepare environmental impact assessment reports, control of the
licensee's performance, renewal of license, issuance of certificate
in lieu of the license, suspension or revocation of the license
and fee payments for the application and issuance of license shall
be in accordance with the rules, procedures and conditions stipulated
by ministerial regulation.
Section 52 For
the purpose of pollution control under this Act, there shall be
a committee called the "Pollution Control Committee"
(PCC) which consists of the Permanent Secretary of the Ministry
of Science, Technology and Environment as the Chairman, the Director-General
of the Department of Local Administration, the Director-General
of the Police Department, the Director-General of the Department
of Land Transport, the Director-General of the Harbor Department,
the Director-General of the Department of Public Works, the Director-General
of the Department of Mineral Resources, the Director-General of
the Department of Industrial Works ' the Director-General of the
Health Department, the Director-General of the Department of Agriculture,
the Director-General of the Department of Environmental Quality
Promotion, the Secretary-General of the Office of Environmental
Policy and Planning, the Permanent Secretary for the Bangkok Metropolitan
Administration and not more than five qualified persons appointed
by the National Environmental Board as members and the Director-General
of the Department of Pollution Control as member and secretary.
Section 14 and section 15
shall apply mutatis mutandis to the holding office of the
qualified members in the Pollution Control Committee.
Section 53 The
Pollution Control Committee shall have the power and duty as follows
The Pollution Control Committee
may appoint a subcommittee to consider or carry out any matter
as may be assigned by the Pollution Control Committee.
Section 54 Section
16, section 17 and section 20 shall apply mutatis mutandis
to the performance of functions of the Pollution Control Committee
and subcommittee.
Section 55 The
Minister shall, with the advice of the Pollution Control Committee
and the approval of the National Environment Board, have the power
to publish notification in the Government Gazette prescribing
emission or effluent standards for the control of wastewater discharge,
polluted air emissions, or discharge of other wastes or pollutants
from point sources into the environment, in order to meet the
environmental quality standards set by virtue of this Act for
the conservation of national environmental quality.
Section 56 In
case there have been standards prescribed by virtue of the other
laws concerning wastewater discharges, polluted air emissions,
or discharge of other wastes or pollutants from point sources
of pollution into the environment and such standards are no less
stringent than the emission or effluent standards set by the Minister
by virtue of section 55, such standards shall continue to be effective
by virtue of the laws related thereto. If however, such standards
are less stringent than the emission or effluent standards set
by the Minister pursuant to section 55, the government agencies
empowered by such laws shall amend such standards in conformity
with the emission or effluent standards under this Act. If there
is any obstacle preventing from doing so, the National Environment
Board shall resolve on such matter and the government agencies
concerned shall act in accordance with such resolution.
Section 57 In
case any government agency is empowered by the other law to prescribe
emission or effluent standards in any matter, but that government
agency fails to exercise its power, the Minister shall, with the
recommendation of the Pollution Control Committee and with the
approval of the National Environment Board, publish notification
in the Government Gazette prescribing the emission or effluent
standards in question and such standards shall be deemed to have
been set by the governing law on such matter.
Section 58 If
it is deemed reasonable, the Changwat Governor shall have the
power to publish notification in the Government Gazette prescribing
a special set of emission or effluent standards applicable to
the pollution control area designated by section 59, higher than
the standards set pursuant to section 55 or the standards set
by virtue of other law which remain in force according to section
56.
Section 59 In
case it appears that any locality is affected by pollution problems
and there is a tendency that such problems may be aggravated to
cause health hazards to the public or adverse impact on the environmental
quality, the National Environment Board shall have power to publish
notification in the Government Gazette designating such locality
as a pollution control area in order to control, reduce and eliminate
pollution.
Section 60 For the purpose of the Changwat Action Plan for environmental quality management to be prepared according to section 37, the local official in the locality designated as the pollution control area pursuant to section 59, shall prepare and submit an action plan for reduction and eradication of pollution in such area to the Changwat Governor in order to incorporate such plan into the Changwat Action Plan for environment quality management.
In preparing the action plan for reduction and eradication of pollution, steps shall be taken as follows
(1) to survey and collect data concerning point sources of pollution located within the limits of that pollution control area.
(2) to make an inventory showing the number, type and size of point sources of pollution under survey and collection of data according to (1) above.
(3) to study, analyze and
assess the state of pollution, as well as the scope, nature, severity
of the problem and impacts on environmental quality in order to
specify suitable and necessary measures for mitigation and eradication
of pollution in that pollution control area.
The pollution control official
shall give advice and assistance to the local official necessary
for the preparation of the action plan to reduce and eradicate
pollution according to the first and second paragraphs.
Section 61 The
action plan for reduction and eradication of pollution in the
pollution control area under section 60 shall propose the estimation
and request for government budget and Fund allocations for construction
or operation of the central wastewater treatment plant or the
central waste disposal facility necessary to reduce and eradicate
pollution in that pollution control area.
Section 62 In
case it is necessary to acquire a piece of land to be used as
the site of the central wastewater treatment or central waste
disposal facility for any pollution control area but State owned
land is not available, steps shall be taken to select and acquire
land for the siting purpose. If there are expenses, the estimate
and request for government budget and Fund allocation shall be
made in the Changwat Action Plan.
If it is unable to proceed
under the first paragraph, suitable land shall be selected and
proposed to the Minister in order to take steps to expropriate
such land in accordance with the law on expropriation of immovable
property.
Section 63 The
Changwat Governor shall supervise and oversee the local official's
actions under section 59. If no action is taken by the local
official within a reasonable time, the Changwat Governor shall
have the power to take action on behalf of the local authority
upon notification to such local authority and the National Environment
Board.
Section 64 Usable
vehicle shall conform to the emission standards prescribed for
such vehicle pursuant to section 55.
Section 65 If
it is found that the use of any vehicle is in violation of section
64, the competent official shall have the power to prohibit the
use of such vehicle permanently or until it will have been modified
or improved to meet the emission standard requirements prescribed
pursuant to section 55.
Section 66 In
issuing the order prohibiting to use of vehicle according to section
65, the competent official shall make the sign clearly shown by
the words "Use Prohibited Permanently" or "Use
Prohibited temporarily" or any other sign, known and understood
by the general public to have the same meaning, on any part of
such vehicle.
The making or removal of the
sign under the first paragraph, or the use of vehicle while the
said sign is on, shall be in accordance with the rules, methods
and conditions specified in the ministerial regulation.
Section 67 In
performing his duty under section 65, the competent official has
the power to stop and inspect the vehicle, enter into the vehicle
or to do any act necessary to check and test the engine and equipment
of such vehicle.
Section 68 The
Minister shall, with the advice of the Pollution Control Committee,
have the power to publish notification in the Government Gazette
specifying the types of point sources of pollution that shall
be controlled in regard to the emission of polluted air, ray,
or other pollutants, in the form of smoke, fume, gas, soot, dust,
ash, particle or any other form of air pollutant, to the atmosphere,
in conformity with the emission standards prescribed under section
55, or standards prescribed by any government agency by virtue
of the other law which remain in force according to section 56,
or standards set by the Changwat Governor in special case for
the pollution control area according to section 58.
The owner or possessor of
the point source of pollution under the first paragraph has the
duty to install or bring into operation an on-site facility for
air pollution control, equipment or other instrument as determined
by the pollution control official in order to control, dispose,
reduce or eliminate pollutants which may affect the air quality,
unless such facility, equipment or instrument has already been
in place and still in a working condition upon the inspection
and test by the pollution control official. For the purpose of
this section, the pollution control official may also require
that the operation of such facility, equipment or instrument be
controlled by the Monitoring Control Operator.
The provisions of the first
and second paragraphs shall apply mutatis mutandis to the
point source of pollution which emit or generate noise or vibration
in excess of the emission standards set pursuant to section 55,
or the standards set by any government agency by virtue the other
law which remain in force according to section 56, or the standards
set by the Changwat Governor in special case for the pollution
control area according to section 58.
Section 69 The
Minister shall, with the advice of the Pollution Control Committee,
have the power to publish notification in the Government Gazette
specifying the types of point sources of pollution that shall
be controlled in regard to the discharge of wastewaters or wastes
into public water sources or into the environment outside the
limits of such point sources, in conformity with the effluent
standards set pursuant to section 55, or the standards set by
any government agency by virtue of the other law which remain
in force according to section 56, or the standards set by the
Changwat Governor in special case for the pollution control area
according to section 58.
Section 70 The
owner or possessor of the point source of pollution under section
69 has the duty to construct, install or bring into operation
an on-site facility for wastewater treatment or waste disposal
as determined by the pollution control official. For this purpose,
the pollution control official may also require that such owner
or possessor commission a Monitoring Control Operator to control
the wastewater treatment or waste disposal facility that shall
be constructed, installed or brought into operation accordingly.
If any point source of pollution
has had an on-site facility for wastewater treatment or waste
disposal before the date of notification of the Minister under
section 69, the owner or possessor of such point source of pollution
shall inform the pollution control official to check the functioning
system of the facility. If its capability to treat wastewaters
or dispose of wastes fails to meet the applicable standards, the
owner or possessor has the duty to modify or improve it in conformity
with the pollution control official's directions.
Section 71 In
any pollution control area or locality where a central wastewater
treatment plant or a central waste disposal facility has been
brought into operation by the administration concerned, the owner
or possessor of the point source of pollution according to section
70, first paragraph, who has not yet constructed, installed or
brought into operation the on-site facility for wastewater treatment
or waste disposal according to the prescription of the pollution
control official, or may not want to construct or make arrangements
for such a system, shall have the duty to send the wastewaters
or wastes generated by his activities to the central wastewater
treatment plant or central waste disposal facility in the pollution
control area or in that locality for treatment or disposal and
shall have the duty to pay the service fees at the rates fixed
by virtue of this Act or the other related laws.
Section 72 In
any pollution control area or locality where the central waste
water treatment plant or central waste disposal facility has been
brought into operation by the administration concerned, the owner
or possessor of any point source of pollution, except those under
section 69, shall have the duty to send wastewaters or wastes
from his source of pollution to the central waste water treatment
plant or the central waste disposal facility in that pollution
control area or locality for treatment or disposal and shall have
the duty to pay service fees at the rates fixed by virtue of this
Act or the other related laws, except such point source of pollution
has already had its own wastewater treatment or waste disposal
facility which is capable to meet the standards prescribed under
this Act.
Section 73 No
person shall be employed as a Monitoring Control Operator or as
a Service Contractor, who renders for hire the services of wastewater
treatment or waste disposal, without obtaining the license from
the local official.
Application and issuance of
license, qualifications of the applicant, control of the licensee's
performance, renewal of license, issuance of certificate in lieu
of the license, suspension or revocation of the license and fee
payments for the application and issuance of license shall be
in accordance with the rules, procedures and conditions stipulated
by ministerial regulation.
The person who has obtained
a license to be a Service Contractor shall also be deemed to have
obtained a license to be a Monitoring Control Operator.
In rendering the services
of wastewater treatment or waste disposal by the Service Contractor
according to the first paragraph, the service charges shall not
exceed the rates fixed by the ministerial regulation.
Section 74 In
any pollution control area or locality where the central wastewater
treatment or central waste disposal facility of the public service
is yet to be put into operation, but there is nonetheless a Service
Contractor who is licensed to render such services within that
area, the owner or possessor of the point source of pollution
according to section 70 and section 71 shall be required to send
the wastewaters or wastes from his point source for treatment
or disposal by such Service Contractor in accordance with the
rules, regulations, methods and conditions prescribed by the local
official, with the advice of the pollution control official.
Section 75 In
any pollution control area or locality where the central wastewater
treatment or central waste disposal facility is yet to be put
into service by the government and there is no licensed Service
Contractor rendering services therein, the local official may,
with the advice of the pollution control official, determine a
temporary method necessary for the treatment of wastewaters or
disposal of wastes from point sources of pollution under section
70 and section 71 until the central wastewater treatment or central
waste disposal facility will have been constructed, installed
and put into operation within such pollution control area or locality.
The temporary method for wastewater
treatment or waste disposal according to the first paragraph shall
mean to include the collection, transport or conveyance of wastewaters
or wastes by whatever appropriate means to be treated or disposed
by the central wastewater treatment plant or central waste disposal
facility of the government in the other area; or to allow the
licensed Service Contractor rendering services in the other area
to render the same services in that pollution control area or
locality temporarily; or to allow such licensed Service Contractor
to collect and transport wastewaters or wastes to treat or dispose
by his own wastewater treatment or waste disposal facility located
outside that pollution control area or locality.
Section 76 Wastewaters
treated by either the central wastewaters treatment plant of the
government or by the wastewater treatment facility of the Service
Contractor must also have the properties which meet the requirements
of the effluent standards prescribed by virtue of section 55,
or the standards prescribed by virtue of the other law which remain
in force according to section 56, or the standards set by the
Changwat Governor in special case for the pollution control area
according to section 58.
Section 77 The
government agency or the local authority which makes provision
for the services of central wastewater treatment or central waste
disposal facilities by using government budget, or revenues of
the local authority, and Fund allocations under this Act shall
be responsible for the management and control of such facilities.
In this respect, the responsible agency or local authority may
employ a licensed Service Contractor under this Act to manage
and control the operation of such facilities.
Regulations, rules and methods
for conveyance, collection and transport of wastewaters or wastes
from the point sources of pollution to the central wastewater
treatment plant or central waste disposal facility as well as
prescriptions, prohibitions, restrictions and other conditions
for discharging and draining of wastewaters or wastes from factories
and other point sources of pollution under section 72 into the
systems of central wastewater treatment or central waste disposal
facilities shall be prescribed by the ministerial regulation.
Section 78 The
collection, transport and other arrangements for the treatment
and disposal of garbage and other solid wastes; the prevention
and control of pollution from mining both on land and in the sea;
the prevention and control of pollution from the exploration and
drilling for oil, natural gas and all kinds of hydrocarbon both
on land and in the sea; and the prevention and control of pollution
resulting or originated from the discharge of oil and the dumping
of wastes and other matters from sea-going vessels, tankers, and
other types of vessel, shall be in accordance with the governing
laws related thereto.
Section 79 In
case there is no specific law applicable thereto, the Minister
shall, with the advice of the Pollution Control Committee, have
the power to issue ministerial regulation specifying the types
and categories of hazardous wastes generated from the production
and usage of chemicals or hazardous substances in the production
process of industry, agriculture, sanitation and other activities
which shall be brought under control. For this purpose, rules,
regulations, measures and methods must also be prescribed for
the control of collection, storage, safety measures, transportation,
import into the Kingdom, export out of the Kingdom, and for proper
and technically sound management, treatment and disposal of such
hazardous wastes.
Section 80 The
owner or possessor of the point source of pollution, required
by virtue of section 68 or section 70, to have his own facility
for treatment of polluted air, equipment or instrument for control
of the discharge of polluted air or other pollutants or the wastewater
treatment or waste disposal facility, shall have the duty to collect
statistics and data showing the daily functioning of the said
facility or equipment and instrument, and make detailed notes
thereof to be kept as recorded evidence at the site of that point
source of pollution, and shall submit report summarizing the functioning
results of the facility, equipment or instrument to the local
official of the locality where such point source is situate at
least once a month.
The collection of statistics
and data, the making of notes and reports shall be in accordance
with the rules, procedures, methods and format specified by ministerial
regulation.
In case the facility for treatment of polluted air, wastewaters or waste disposal or equipment and instrument indicated in the first paragraph requires a Monitoring Control Operator as determined by the pollution control official, the Monitoring Control Operator shall have the duty to act under the first paragraph on behalf of the owner or possessor.
The Service Contractor licensed
to render wastewater treatment or waste disposal services shall
have the duty to do the same as the owner or possessor of the
point source of pollution is required under the first paragraph.
Section 81 The
local official shall gather the reports received according to
section 80 and send them to the pollution control official, who
has jurisdiction over that locality, on a regular basis at least
once a month. In doing so, the local official may make comments
for consideration of the pollution control official.
Section 82 In
order to perform his functions under this Act, the pollution control
official is empowered as follows :
(1) To enter into the building,
place and site of the factory or point source of pollution or
the site of wastewater treatment or waste disposal facility which
belongs to any person, between the sun rise and sun set or during
the working hours, to inspect the functioning process of wastewater
treatment or waste disposal facility, air pollution control system
or equipment and other instrument for the control of polluted
air or other pollutants, as well 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 that there
is a non-compliance with this Act.
(2) To issue an order in writing
directing the owner or possessor, the Monitoring Control Operator,
or the licensed Service Contractor rendering the services of wastewater
treatment or waste disposal, to correct, change, improve or repair
the air pollution control, wastewater treatment or waste disposal
facility or other equipment and instrument for the control of
polluted air or other pollutants. If however, the point source
of pollution is a factory, the official under the law on industrial
plants s a be notified to take action within his power and duty.
If such official fails to do so, the pollution control official
shall have the power to take action in accordance with this Act.
(3) To issue a written order
directing the owner or possessor of the point source of pollution
which is not a factory to pay penalties as provided under section
90, section 91 or section 92. If the point source of pollution
is a factory the official under the law on industrial plants shall
be notified to order the owner or possessor of such factory to
pay the penalties and, in doing so, such official under the law
on industrial plants shall be deemed to be the pollution control
official under this Act. If, however, such official fails to
issue the penalty order within a reasonable time, the pollution
control official shall then have the power to issue the order
directing the owner or possessor of such factory to pay the penalties.
(4) To issue a written order
directing the Service Contractor licensed to render the services
of wastewater treatment or waste disposal to stop or shut down
his services, or revoking his license in case such Service Contractor
violates or does not comply with this Act, or any ministerial
regulation, local ordinance, rule, notification or condition issued
or stipulated by virtue of this Act, or does not comply with the
order of the pollution control official issued by virtue of this
Act.
(5) To issue a written order
suspending the Monitoring Control Operator under section 68 or
section 70 in case such Monitoring Control Operator violates or
does not comply with this Act, or any ministerial regulation,
local ordinance, rule, notification, or condition issued or stipulated
by virtue of this Act, or does not comply with the order of the
pollution control official issued by virtue of this Act.
Section 83 In
case it is deemed reasonable in the interest of co-ordination
of action among agencies concerned, the pollution control official
may :
(1) Recommend the official
who has the legal power to control the point source of pollution,
to close down its operation, to suspend or revoke the license
of its owner or operator, or to bar its use or utilization in
any way, especially in connection with the point source of pollution
under section 68, section 69 or section 74 which has no intention
to treat the polluted air, wastewaters or other wastes and illegally
discharges the untreated wastes into the environment outside the
limits of its site and premise.
(2) Recommend the local official
to take legal action against the owner or possessor of the point
source of pollution under section 71 or section 72 in order to
coerce him to send wastewaters or wastes to be treated or disposed
in accordance with this Act.
(3) Give advice and suggestions
to the local official or the government agency concerned in connection
with the operation and maintenance of the central wastewater treatment
plant or the central waste disposal facility under the responsibility
of such local official or government agency.
Section 84 In the performance of duty under this Act, the competent official or the pollution control official must produce his identity card at the request of the person concerned.
The identity card of the competent
official and pollution control official shall be in such a form
as prescribed in the ministerial regulation.
Section 85 The
owner or occupier of premises, vehicles or any person concerned
shall facilitate the performance of duty under this Act by the
competent official or the pollution control official who shall
be official under the Penal Code.
Section 86 The
performance of duty by the competent official under section 50,
first paragraph, or section 65 and the performance of duty by
the pollution control official under section 82 (1) shall be done
in the presence of the owner or occupier of the premise or vehicles;
if such person cannot be found, it shall be done in the presence
of at least two other persons requested by the competent official
or the pollution control official to attend as witnesses.
Section 87 The
owner or possessor of the point source of pollution, the Service
Contractor licensed to render services of wastewater treatment
or waste disposal, the Monitoring Control Operator or any other
person who is not satisfied with the order of the pollution control
official under section 82 (2), (3), (4) or (5), is entitled to
challenge such order by petition to the Pollution Control Committee
within thirty days form the date of receiving the order of the
pollution control official.
If the petitioner does not
agree with the decision of the Pollution Control Committee, he
shall appeal to the Minister within thirty days from the date
of receiving notification of the Pollution Control Committee's
decision.
The decision of the Minister
shall be final.
Section 88 In
any pollution control area or locality where a central wastewater
treatment plant of a central waste disposal facility has been
constructed and brought into operation as a public utility service,
funded by government budget or revenue of the local administration
and money allocated from the Fund as provided in this Act, the
National Environment Board shall, with the advice of the Pollution
Control Committee, fix the rates of service fee to be applicable
within the limits of each pollution control area or locality,
being the site of and served by the operation of such facility.
The service fee rates fixed
according to the foregoing first paragraph shall be notified and
published in the Government Gazette.
Section 89 The
rates of service fee fixed according to section 88 for treatment
of wastewaters or for disposal of wastes emanated from point sources
pursuant to section 71 and section 72 may be varied as appropriate.
The owner or possessor of
the point source of pollution governed by the provision of section
72, in the category of domestic household, that can be classified
as a small-scale user is entitled to be exempted from the payment
of service fees in accordance with the rules and conditions stipulated
by the National Environment Board, with the advice of the Pollution
Control Committee.
Section 90 Any
owner or possessor of point source of pollution who avowedly refrains
from sending wastewaters or wastes to the central wastewater treatment
plant or the central waste disposal facility as required by section
71 or section 72 and illegally discharges such wastewaters or
wastes into the environment outside the limits of the site of
the point source owned or possessed by him, or does send the wastewaters
or wastes to the central wastewater treatment plant or the central
waste disposal facility of the public service for treatment but
fails or refuses to make payment for the service fees without
being entitled to the exemption as provided by section 89, second
paragraph, shall be liable to pay as a penalty four time as much
the amount of service fee that he is liable to pay at the rate
fixed in accordance with section 88 until the provision of this
Act is observed by him.
Section 91 Any
owner or possessor of the point source of pollution, required
by section 70 to have an on-site facility for wastewater treatment
or waste disposal, who illegally discharges wastewaters or wastes
into the central wastewater treatment plant or the central waste
disposal facility of the public service, shall be liable to pay
as a daily penalty four time as much the amount of daily expenses
for the normal operation of his on-site facility for wastewater
treatment or waste disposal throughout the duration of such illegal
discharge and shall also be liable to pay damages if such illegal
discharge has caused any damage or defection to the central wastewater
treatment plant or the central waste disposal facility of the
public service.
Section 92 Any
owner or possessor of the point source of pollution subject to
the requirements of section 68 or section 70, who refrains from
using his on-site facilities or equipment for the control of air
pollution, noise pollution and vibrations, or refrains from operating
his on-site facilities for the treatment of wastewaters or disposal
of wastes and illegally discharges such untreated wastewaters
or wastes into the environment outside the limits of the site
of the point source of pollution, shall be liable to pay as a
daily penalty four time as much the amount of daily expenses for
the normal operation of his facilities, equipment or process for
wastewater treatment or waste disposal throughout the duration
of such illegal discharge.
Section 93 The
local authority or the competent official of the government agency
responsible for the operation of the public wastewater treatment
plant or waste disposal facility shall have the power and duty
to collect service fees, penalties and claim for damages as provided
in this Part, particularly in connection with the operation of
the central wastewater treatment plant or the central waste disposal
facility of the public service which is made available by such
local authority or government agency.
The service fees and penalties
collectable in accordance with the foregoing first paragraph shall
be exempted from being remitted to the Treasury as government
revenues, but shall be deducted and remitted to the Fund at the
ratio specified by the Fund Committee, whereas the balance therefrom
shall be used as expenditures for operation and maintenance of
the central wastewater treatment plant or the central waste disposal
facility of the local authority or government agency which is
responsible to collect such service fees and penalties.
Section 94 The
owner or possessor of any point source of pollution, who has the
duty according to this Act or other related laws to install an
on-site facility for treatment of polluted air or wastewaters
or for disposal of any other wastes, including the procurement
of equipment, instrument, tools, appliances or materials necessary
for control of pollution from such point source, or the Service
Contractor licensed pursuant to this Act, is entitled to request
for promotional supports and assistance from the government service
in the following matters :
(1) Request for assistance
regarding import duties for the import into the Kingdom of necessary
machinery, equipment, instrument, tools, appliances or materials
which are not available in the Kingdom.
(2) Application for permission
to bring foreign experts or specialists into the country to carry
out works concerning the installation, monitoring, control or
operation of air pollution control systems, wastewater treatment
works or waste disposal facilities in case qualified persons within
the Kingdom are not available for recruitment and commissioning
to supervise and control machinery, equipment, instrument or tools
imported into the Kingdom pursuant to sub-section (1), including
application for exemption of income tax that will incur from the
performance of work as a supervisor of such person within the
Kingdom.
The owner or possessor of
the point source of pollution who has no legal duty as referred
to in the foregoing first paragraph, but nonetheless wishes to
install an on-site facility with his own equipment, instrument,
tools or appliances for air pollution control, wastewater treatment
or for disposal of other wastes emanated from his activities or
business undertakings, is also entitled to request for promotional
supports and assistance from the government service in accordance
with the foregoing first paragraph.
Section 95 The
request for promotional supports and assistance according to section
94 shall be made to the National Environment Board in accordance
with the rules, procedures, methods and formats prescribed by
ministerial regulation.
The National Environment Board
shall consider and proceed with the request for promotional supports
and assistance according to the foregoing first paragraph as it
sees fit, taking into account the economic, financial and investment
necessities of each individual applicant. In case it is considered
appropriate to give assistance to the applicant, the National
Environment Board shall recommend the government agencies concerned
to act within their powers and functions to render promotional
supports and assistance to the applicant accordingly.
Section 96 If
leakage or contamination caused by or originated from any point
source of pollution is the cause of death, bodily harm or health
injury of any person or has caused damage in any manner to the
property of any private person or of the State, the owner or possessor
of such point source shall be liable to pay compensation or damages
therefor, regardless of whether such leakage or contamination
is the result of a willful or negligent act of the owner or possessor
thereof, except in case it can be proved that such pollution leakage
or contamination is the result of
(1) Force majure or war.
(2) An act done in compliance
with the order of the Government or State authorities.
(3) An act or omission of the person who sustains injury or damage, or of any third party who
is directly or indirectly
responsible for the leakage or contamination.
The compensation or damages
to which the owner or possessor of the point source of pollution
shall be liable according to the foregoing first paragraph shall
mean to include all the expenses actually incurred by the government
service for the clean-up of pollution arisen from such incident
of leakage or contamination.
Section 97 Any
person who commits an unlawful act or omission by whatever means
resulting in the destruction, loss or damage to natural resources
owned by the State or belonging to the public domain shall be
liable to make compensation to the State representing the total
value of natural resources so destroyed, lost or damaged by such
an unlawful act or omission.
Section 98 Any
person who violates or refuses to observe the order issued by
virtue of section 8 or obstructs any act done in compliance with
such order shall be punished by imprisonment not exceeding one
year or fine not exceeding one hundred thousand baht, or both.
In case the person who violates
or refuses to observe the order or obstructs any act done in compliance
with such order is the person who has caused danger or damage
arisen from pollution, such person shall be punished by imprisonment
not exceeding five years or fine not exceeding five hundred thousand
baht, or both.
Section 99 Any
person who illegally encroaches upon, occupies, or enters into
public land to act in any manner which results in the destruction,
loss or damage to natural resources or treasures worthy of being
conserved, or causes the occurrence of pollution having impact
on the environment within the limits of environmentally protected
area designated by virtue of section 43 shall be punished by imprisonment
not exceeding five years or fine not exceeding five hundred thousand
baht, or both.
Section 100 Any
person who violates or refrains from observing the restrictions
stipulated by ministerial regulation issued according to section
44 or by notification given by the Minister according to section
45 shall be punished by imprisonment not exceeding one year or
fine not exceeding one hundred thousand baht, or both.
Section 101 Any
person who spreads or disseminates false information about the
danger from any point source of pollution with the intention to
destroy its reputation or to undermine public trust on the lawful
operation of its business or activity shall be punished by imprisonment
not exceeding one year or fine not exceeding one hundred thousand
baht, or both.
If the spread or dissemination
of information according to the foregoing first paragraph is done
by means of publication, announcement, advertisement or reports
through newspaper, radio, television or other forms of mass media,
the person who commits such act shall be punished by imprisonment
not exceeding five years or fine not exceeding five hundred thousand
baht, or both.
Section 102 Any
person who violates the order of competent official forbidding
the use of vehicle according to section 65 shall be punished by
fine not exceeding five thousand baht.
Section 103 Any
person who refuses to observe the order given by competent official
according to section 67 shall be punished by imprisonment not
exceeding one month or fine not exceeding ten thousand baht, or
both.
Section 104 Any
owner or possessor of the point source of pollution who refrains
from observing the provision of section 71, or any person who
refrains from observing the provision of section 72, or the rules
laid down by the local authority by virtue of section 74 or section
75, first paragraph, or the ministerial regulation issued by virtue
of section 80 shall be punished by imprisonment not exceeding
one year or fine not exceeding one hundred thousand baht, or both.
Section 105 Any
person who renders services as a Monitoring Control Operator or
as a Service Contractor for wastewater treatment or waste disposal
without the license granted according to section 73 shall be punished
by imprisonment not exceeding one year or fine not exceeding one
hundred thousand baht, or both.
Section 106 Any
owner or possessor of the point source of pollution or any Monitoring
Control Operator or any Service Contractor rendering the services
of wastewater treatment or waste disposal, who refrains from collecting
statistics or data or from making notes or reports as required
by Section 80 shall be punished by imprisonment not exceeding
one month or fine not exceeding ten thousand baht, or both.
Section 107 Any
Monitoring Control Operator or Service Contractor having the duty
to make notes or reports according to this Act, who intentionally
makes such notes or reports showing false
information or statements
shall be punished by imprisonment not exceeding one year or fine
not exceeding one hundred thousand baht, or both.
Section 108 Any
person who obstructs or refuses to comply with the order of the
pollution control official given in the performance of his duty
according to Section 82 (2) shall be punished by imprisonment
not exceeding one month or fine not exceeding ten thousand baht,
or both.
Section 109 Any
Service Contractor rendering services for wastewater treatment
or waste disposal ordered by the pollution control official to
stop or close down his services pursuant to Section 82 (5), or
any Monitoring Control Operator whose license has been revoked
by the order of the pollution control official pursuant to Section
82 (6), who violates or refuses to comply with such order of the
pollution control official or continues to carry on his service
in violation of such order shall be punished by imprisonment not
exceeding one year or fine not exceeding one hundred thousand
baht, or both.
Section 110 Any
owner or possessor of the point source of pollution who employs
the person, whose license to be a Monitoring Control Operator
has been revoked, to supervise and monitor the operation of air
pollution control, wastewater treatment or waste disposal facility
that he has the duty install and operate according to this Act,
shall be punished by fine not exceeding fifty thousand baht.
Section 111 In
case the offender who is liable to be punished according to this
Act is a juristic person, the directors or managers of such juristic
person, or any person who is responsible for the business operation
of such juristic person, shall also be punishable by the same
penalties prescribed by law for such offence, unless it can be
proved that they have no part to play in the commission of such
offence.
Section 112 In
the period during which the National Environment Board is yet
to be appointed in accordance with section 12 of this Act, the
National Environment Board appointed prior to the date of effectiveness
of this Act shall continue to hold office in order to perform
its function until the new Board shall be appointed and take over
the office.
Section 113 All
ministerial regulations, rules, procedures, notifications or orders,
issued by, virtue of the Enhancement and Conservation of National
Environmental Quality Act, B.E. 2518 which remain in force on
the date of effectiveness of this Act, shall continue to be effective,
insofar as they are not in conflict with or contrary to this Act,
unless and until ministerial regulations, rules, procedures, notifications
or orders will have been issued in accordance with this Act.
Section 114 The
person, who has been holding a license as an eligible person to
prepare reports concerning the study and measures for the prevention
of and remedy for the adverse effect on environmental quality
by virtue of the Enhancement and Conservation of National Environmental
Quality Act, B.E. 2518, shall continue to be eligible to prepare
the environmental impact assessment report provided by this Act,
until such person is required by the Minister to apply for license
in accordance with this Act.
Section 115 For
all the reports concerning the study and measures for the prevention
of and remedy for the adverse effect on environmental quality
required for any project or activity pursuant to the Enhancement
and Conservation of the National Environmental Quality Act, B.E.
2518, that have been filed prior to the date on which this Act
shall come into effect and still pending review by the Office
of National Environment Board, the review and approval of such
reports shall be further proceeded with in accordance with the
rules and procedures laid down by virtue of the Enhancement and
Conservation of National Environmental Quality Act, B.E. 2518.
For this purpose, the power and duty of the Office of National
Environment Board in become the power and duty of the Office of
Environmental Policy and Planning.
Countersigned by:
Anand Panyarachun
This document was translated by the Environment Law Center, published by the Department of Environmental Quality Promotion, Ministry of Science, Technology, and Environment.
Prime Minister
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