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The major act, National Environmental Quality Act B.E. 2535 ( NEQA 1992),
relates to PCD roles include Pollution Control Areas formulation, establishment
of pollution control standards from sources, categorization of pollution control
source as controlled emissions, effluence or waste disposal, to set up the Pollution
Control Committee to formulate policy and plan, coordinate remediation
of pollution problems and to also prescribe the possible pollution prevention
measures chaired by the Permanent Secretary of Ministry of Science, Technology
and Environment (MOSTE). Pursuant to NEQA, PCD stipulates the criteria, methods
and conditions of pollution management, assigns the duty of Pollution
Control Officer , establish Fees and Fine and Civil
Liability also the Penal Provisions in case of violation or refusing to
comply.
Up to now MOSTE has published several Ministerial Notification, Ministerial
Regulation and National Environmental Board (NEB) Notification such as Motor vehicle
Noise Emission Standards, Black Smoke and Carbon Monoxide (CO) Emission from Motor
Vehicle Standards, Hydrocarbon Emission from Motorcycle Standards, standards to
control the effluence from some types and some sizes of buildings, Notifications
to categorize type of buildings as pollution sources to be controlled the waste
water discharge to public water resources and environment and to designate the
Pollution Control Areas, Coastal Water Quality Standard and Surface Water Quality
Standard. A full English translation done by the Environment Law Center can be
found here.
Other regulations
which partly involve the PCD are as following : | |
| The Constitution of the
Kingdom of Thailand B.E.2550 (2007)
| According to The Constitution
of the Kingdom of Thailand B.E.2550 (2007),
environmental management is different from the
previous constitutions. This law provides the
public right to participate the prevention and
elimination of any actions that is to deteriorate
natural resources and to pollute the environment,
clearly in these sections;
- Section 57 A person shall have the right to receive
data, explanations and reasons from a Government agency, a State
agency, a State enterprise or a local government organisation prior
to the approval or the operation of any project or activity which
may affect the quality of the environment, health and sanitary
conditions, the quality of life or any other material interest concerning
such person or a local community and shall have the right toexpress his or her opinions to agencies concerned, for assisting
further consideration of such matters.
In planning social, economic, political and cultural
development, or in undertaking expropriation, town and country
planning, zoning and making by-laws likely to have impacts on
essential interests of the public, the State shall cause to be held
comprehensive public hearings prior thereto.
- Section 66 Persons so assembling as to be a
community, a local community or a traditional community shall
have the right to conserve or restore their customs, local
knowledge, good arts and culture of their community and of the
nation and participate in the management, maintenance,
preservation and exploitation of natural resources, the environment
and the biological diversity in a balanced and sustainable fashion
- Section 67 The right of a person to give to the State
and communities participation in the conservation, preservation
and exploitation of natural resources and biological diversities and
in the protection, promotion and preservation of the quality of the
environment for regular and continued livelihood in the environment
which is not hazardous to his or her health and sanitary condition,
welfare or quality of life, shall be protected as appropriate.
Any project or activity which may seriously affect the
community with respect to the quality of the environment, natural
resources and health shall not be permitted, unless, prior to the
operation thereof, its impacts on the quality of the environment
and on public health have been studied and assessed and a public
hearing process has been conducted for consulting the public as
well as interested persons and there have been obtained opinions
of an independent organisation, consisting of representatives from private organisations in the field of the environment and
health and from higher education institutions providing studies
in the field of the environment, natural resources or health.
The right of a community to bring a lawsuit against a
Government agency, a State agency, a State enterprise, a local
government organisation or other State authority which is a juristic
person for the performance of duties under this provision shall be
protected.
- Section 73
Every person shall have a duty to serve in
armed forces, render assistance in the prevention and alleviation
of public hazards, pay taxes and duties, render assistance to the
official service, receive education and training, safeguard, protect and pass on national arts, culture and local knowledge and conserve
natural resources and the environment, as provided by law.
- Section 85
The State shall pursue directive principles
of State policies in relation to land, natural resources and the
environment, as follows:
(1) to prescribe rules on land use which cover areas
throughout the country, having regard to the consistency with natural
surroundings, whether land areas, water surfaces, ways of life of
local residents, and the efficient preservation of natural resources,
and prescribe standards for sustainable land use, provided that
residents in areas affected by such rules on land use shall also
have due participation in the decision-making;
(2) to distribute land holding in a fair manner, enable
farmers to have ownership or rights in land for farming purposes
thoroughly through land reform or otherwise, and provide water
resources for sufficient use of water by farmers in a manner suitable
for farming;
(3) to provide town and country planning and carry out
the development and action in the implementation of town and
country plans in an efficient and effective manner in the interest of
sustainable preservation of natural resources;
(4) to provide a plan for managing water resources and
other natural resources systematically and in a manner generating
public interests, provided that the public shall have due participation
in the preservation, maintenance and exploitation of natural
resources and biological diversity in a balanced fashion;
(5) promote, maintain and protect the quality of natural
resources in accordance with the sustainable development
principle, control and eradiate polluted conditions affecting health,
sanitary conditions, welfare and the quality of life of the public,
provided that members of the public, local residents and local
government organisations shall have due participation in determining
the direction of such work.
- Section 290
A local government organisation has
powers and duties in connection with the promotion and
maintenance of the quality of the environment as provided by law.
The law under paragraph one shall at least contain the
following matters as its substance:
(1) the management, preservation and exploitation of the
natural resources and environment in the area of the locality;
(2) the participation in the preservation of natural
resources and environment outside the area of the locality only in
the case where the livelihood of the inhabitants in the area may be affected;
(3) the participation in considering the initiation of any
project or activity outside the area of the locality which may affect
the quality of the environment, health or sanitary conditions of the
inhabitant in the area;
(4) the participation by local communities.
- Other Sections
e.g. Section 86 (3) to promote and lend
support to research and development and make use of alternative energy
that is naturally acquired and advantageous to the environment
in a continued and systematic manner. and etc.
A full English version please go to Law
Library under the Office of the Council of State. |
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| The Factories Act B.E. 2535
(1992)
| According to Section 8 in the act, PCD has
authority to establish standards and criteria to control the factory operations,
specially the standards and methods to control the disposal of waste, pollution
or any contaminants caused from factory operation that impact the environment.
Under the Factory Act, Ministry of Industry can also publish the Ministerial Regulation
about the disposal of solid waste, nightsoil and garbage, to forbid wastewater
discharge and emission from factories, and the guideline for having treatment
facility, and also to establish noise level not exceed the EPA standard.
A full English translation done by Department of Industrial Works can be
found at www.diw.go.th.
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| The Public Health Act B.E.
2535 (1992)
| Pursuant to the act, PCD involves in the
part of waste disposal both to control the waste and garbage transporters/disposers
and to establish criteria to control public nuisance cause as means odor, light,
radiation, sound, heat, hazardous substances, vibration, dust, poisonous tar/ash
not to impact human and environment. PCD oversees business that is danger to health,
markets, food storage to provide solid waste collection/disposal sites, waste
water discharge and air emission. A full English translation done by Law
Library Office of the Council of State. | |
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| The Hazardous Substances
Act B.E. 2535 (1992)
| The act describes hazardous substance control
criteria for import, production, transportation, consumption, disposal and export
not to influence and danger to human, animals, plants, properties or environment.
Ministry of Industry (MOI) categorizes the hazardous substances into 4 types for
use to control correctly and appropriately and formulates Hazardous Substances
Information Center to coordinate with other government agencies in part of hazardous
substances information and stipulation of the criteria and methods to register
hazardous substances. A full English translation done by Department of
Industrial Works can be found at www.diw.go.th.
| | | | |
| The Public Cleansing Act
B.E. 2535 (1992)
| This act involves with the PCD implementation
in part of garbage and solid prohibition, public cleansing in general if any public
place is contaminated it will cause the pollution as garbage, odor, nuisance and
visual pollution.
A full version in Thai please
go to Law
Library under the Office of the Council of
State. | |
| | |
| Determining Plans and Process of Decentralization to Local Government Organization Act B.E.2542 (1999)
| The Constitution of the Kingdom
of Thailand B.E.2540 (1997), assures the importance
of decentralization as stated in Chapter 5 : Directive
Principles of Fundamental State ; Section 78 "
The State shall decentralise powers to localities
for the purpose of independence and self-determination
of local affairs, develop local economics, public
utilities and facilities systems and information
infrastructure in the locality thoroughly and
equally throughout the country as well as develop
into a large-sized local government organisation
a province ready for such purpose, having regard
to the will of the people in that province"
this includes management and conservation of natural
resources and environment and for the continuously
decentralization, the has been legisterlted. According
to this Act, the Decentralisation to Localities
Plan has been for mulated. The major relavants
between this pland and Pollution Control Department
are as environmental and pollution management,
environmental monitoring and pollution investigation.
A full version in Thai please
go to Law
Library under the Office of the Council of
State. | | |
| |
Besides those above laws, there are
several other acts which involve the PCD such as
the:
- Industrial Estate Authority of Thailand Act
B.E. 2522 (1979)
- Land Transportation Act B.E. 2522 (1979)
- Industrial Products Standards B.E. 2511 (1968)
- The Petrol Act B.E. 2521 (1978)
- Land Traffic Act B.E. 2535 (1992)
- Highway Act B.E. 2535 (1992)
- Building Control Act B.E. 2522(1979) and B.E.
2535 (1992)
- Energy Conservation Promotion Act B.E. 2535(1992)
and
- Official Information Act, B.E. 2540 (1997)
- Other laws
For these laws in Thai please go to Law
Library under the Office of the Council of State.
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