Chapter
II Environmental Fund
 |
Section 24 |  | There
shall be a Fund Committee consisting of
|
the Permanent Secretary of the Ministry of Science, Technology and Environment
as the Chairman, | | the Permanent Secretary of the
Ministry of Agriculture and Cooperatives, | | the
Secretary-General of the National Economic and Social Development Board, |
| the Director of the Bureau of the Budget, |
| the Director-General of the Department of Local Administration, |
| the Comptroller-General of the Comptroller-General's Department, |
| the Director-General of the Department of Public Works, |
| the Director-General of the Department of Industrial Works, |
| the Director-General of the Department of Mineral Resources, |
| the Director-General of the Pollution Control Department, |
| the Director-General of the Environmental Quality Promotion
Department | | and not more than five qualified persons
appointed by the National Environment Board as members and the Secretary-General
of the Office of Environmental Policy and Planning as member and secretary. |
Section 14 and section 15 shall apply mutatis
mutandis to the holding office of the qualified members of the Fund Committee. |
|
Section 25 | | The
Fund Committee shall have the power and duty as follows
| (1) |
To consider on Fund allocation for use in the activities prescribed by section
23. | | (2) | To prescribe rules,
conditions, procedures and methods concerning application for allocation or loan
from the Fund. | | (3) | To
lay down administrative rules and procedures concerning the power, duties and
working methods of the Fund managers according to section 29 and section 30 as
well as mechanisms for co-ordination among the Fund Committee, the Comptroller-General's
Department and the Fund managers according to section 29 and section 30. |
| (4) | To lay down rules and procedures
for the receipt and disbursement of moneys from the Fund. |
| (5) | To fix durations for repayment of loans from the
Fund according to section 23 (2) or (3) as well as interest rates and securities
as necessary and appropriate. | | (6) | To
determine the ratio and criteria for deduction of service fees and penalties that
are required by section 93 to be remitted to the Fund. |
| (7) | To perform any other functions provided under this
Act. | The prescription of rules according to sub-section (2),
(3) or (4) and guidelines for action under sub-section (1) or (5) shall be approved
by the National Environment Board. The Fund Committee may appoint a subcommittee
to consider or carry out any matter as may be entrusted by the Fund Committee. |
|
Section 26 | | Section
16, section 17 and section 20 shall apply mutatis mutandis to the performance
of functions of the Fund Committee and the subcommittee appointed by the Fund
Committee. |
|
Section 27 | | In
consideration to allocate money from the Fund for the purpose of section 23 (1),
the Fund Committee shall give first priority to the request for allocation under
the Changwat Action Plan for environmental quality management according to section
39 to construct or operate the wastewater treatment plant or waste disposal facility,
for which certain amount of government budget has been earmarked or revenues of
the local administration have been allocated as additional contributions to the
Fund allocatio The proportion between the government budget or contributions
from the local revenues and the Fund allocation to be determined by the Fund Committee
according to the first paragraph shall be determined in accordance with the rules
laid down by the National Environment Board. |
|
Section 28 | | The
Fund allocation as loans to the local administration, state enterprise or private
person pursuant to section 23 (2) or (3) shall be determined by the Fund Committee
in accordance with the rules and conditions stipulated by the National Environment
Board.
in order to encourage compliance with this Act, the Fund Committee
may, with the approval of the National Environment Board, allocate from the Fund
as an exceptional long-term loan to any local administration, state enterprise,
or private person and may determine to reduce the interest rates or make exemption
to the payment of such interest as deemed appropriate. |
|
Section 29 | | The
Comptroller-General of the Comptroller-General's Department, Ministry of Finance,
shall be the Fund manager in relation to such portion of the Fund to be allocated
as grants to the government agency or the local administration for investment
in and operation of the central facility for wastewater treatment or waste disposal
according to section 23 (1) and those portions of the Fund to be allocated for
the purposes other than those provided by section 23 (2) and (3). |
|
Section 30 | | The
Fund Committee may authorize an appropriate financial institution owned by the
State or the Industrial Financing Corporation of Thailand to be the Fund manager
in relation to such portion of the Fund that will be allocated as loans to the
local administration, state enterprise or private person pursuant to section 23
(2) or (3). In carrying out the management of Fund according to the First paragraph,
the Fund manager has the duty to study and analyze the investment and technical
feasibility of the project and shall be empowered to enter the loan agreement
on behalf of the Fund Committee in the capacity as the lender, to keep and disburse
moneys to the borrowers from this portion of the Fund in accordance with the terms
and conditions of the loan agreement, to pursue, demand and receive repayments
and interest from the borrowers in order to pay back to the Fund, and shall be
empowered to lay down rules and procedures, with the approval of the Fund Committee,
for such matters. Under the loan agreement to be entered into according
to the second paragraph, there must be a condition stipulated as an essential
element of the agreement that the borrower shall have the duty to make use of
the loan specifically for the purpose of meeting the requirements with which the
borrower has the legal duty to comply under this Act or other related laws. |
|
Section 31 | | The
moneys received into the Fund and kept by the Comptroller-General's Department,
Ministry of Finance, shall be managed by deposit in saving or fixed accounts with
State owned financial institutions in order to earn accrued interest.
All moneys earned by the Fund according to section 22 shall be paid into its account
for the purpose of uses in the activities indicated in section 23 and shall not
be remitted to the Treasury as revenues of the Government. | |
