National Environmental Quality Act B.E.1992
Chapter I National Environment Board

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.