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

His Majesty King Bhumibol Adulyadej is graciously pleased 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The following Acts shall be repealed
The Enhancement and Conservation of National Environmental Quality Act, B.E. 2518.
The Enhancement and Conservation of National Environmental Quality Act (No. 2), B.E.2521.
The Enhancement and Conservation of National Environmental Quality Act (No. 3), B.E. 2522.

Section 4

In this Act,
  • "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.
  • "Vehicleะ" 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

    (1) President of the Municipal Council within a municipality.
    (2) President of the Sanitary District Board within a sanitary district.
    (3) Changwat Governor within a local administration organization.
    (4) Governor of the Bangkok Metropolitan Administration within Bangkok Metropolis.
    (5) Permanent Secretary of Pattaya City Administration within the City of Pattaya.
    (6) Head of local administrator in the administration of the local administration organization other than (1) to (5) above

    , established by specific law governing thereof, within such local administration organization.
    "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.
(6)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.