Thailand: Regulatory Framework
Recently, there has been a great deal of pressure in Thailand for an
increase in environmental regulation. Due to the tremendous
industrialization and commercialization that has taken place in the past two
decades, there has been tremendous environmental degradation within the
country.
In 1992, stronger environmental laws were enacted. As part of the Seventh
Economic and Social Development Plan (1991-1996), six comprehensive laws
were passed and state regulatory agencies were given more authority to
enforce their mandates. As part of this initiative, environmental provisions
were added to Thailand's Constitution. However, the main strength came
from adoption of the Enhancement and Conservation of National Environmental
Quality Act (NEQA), the 1992 Amendments to the Factories Act, and the
Hazardous Substances Act.
NEQA established a cabinet and high-level interministerial governmental
focus on the environment. NEQA provided a partially self-sustaining
environmental fund for local government industrial pollution management and
investment and for environmental NGO support. The Act also
strengthened environmental standard setting, planning and enforcement. The
National Environmental Board has powers to establish national standards,
approve efficient operation and emission standards, require EIA reports,
designate pollution control areas, etc. The law prescribes a polluter pays
and punitive damage policies.
Thailand still has a plethora of regulations that affect environmental
issues--over 70 different pieces of legislation. The major environmental
legislation in Thailand includes the following:
The Groundwater Act (1977) sets up a permit system for the use of
groundwater from designated groundwater areas. It regulates drilling, the
use of groundwater, and the disposal of wastewater.
The Hazardous Substances Act, enacted in 1992, created a comprehensive
system of classification and management for hazardous substances and wastes.
The Act sets forth standards for producing, possessing, and handling of
hazardous substances, and mandates labeling, handling, and storage
requirements. Under the Act, hazardous substances include explosives,
flammable substances, oxidizing agents and peroxide, toxic substances and
substances causing disease, radioactive substances, mutant-causing
substances and other substances that may cause health hazards. Enforcement
and administration are shared by the Ministries of Industry, Agriculture,
and Public Health
The National Environmental Quality Act (1992) established the "polluter
pays principle," requiring polluters to pay fines for wrongdoing and also to
compensate for damages. This was a tremendous change for Thailand and
greatly affects all areas of commerce. The Act also gave the public the
right to information related to environmental matters and the right to
compensation from the State where damage has resulted.
The New Factories Act of 1992 provided the Ministry of Industry with
power to regulate factories for the prevention of disturbances, damage, and
danger to the public or environment. Violations of environmental regulations
creates liability with the plant operator and the engineer designated to be
responsible for pollution control at the facility.
The Wildlife Conservation Act (1992) protects animals, flora, and fauna
indigenous to Thailand.
The Public Health Act (1992) focuses on the public sector to achieve a
reduction in water, air, and noise pollution. It has the most effective
enforcement mechanisms.
Thailand is a party to several major international treaties, including
the Convention on International Trade in Endangered Species of Wild Flora
and Fauna (CITES), the UNESCO Convention Concerning the Protection of the
World Cultural and Natural Heritage, the Montreal Protocol on Substances
that Deplete the Ozone Layer, the Basel Convention for the Control of
Transboundary Movements of Hazardous Wastes and their Disposal, the UN
Convention on Biological Diversity, and the UN Framework Convention on
Climate Change.
Ministry of Science, Technology and
Environment
Tel: 246-0064 Fax: 247-1449
email: helpdesk@moste.go.th
Pollution Control Department
Office of the Secretary
Ms. Pornthip Chunsiripong
Tel: 662-619-2288 |