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Thailand

Thailand:  Regulatory Framework

REGULATIONS

Key National Legislation

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: 

Water

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.

Hazardous Waste  

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

Impact and Assessment 

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.

Other

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.

International Treaties/Regional Agreements

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.

INSTITUTIONS

Government Agencies

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

 

 

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