Chapter
III Environmental Protection
Part
1 Environmental Quality Standards
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Section 33 |  | The
National Environment Board shall, if deemed reasonable, have the power to prescribe
special standards, which are higher than the environmental quality standards prescribed
pursuant to section 31, for the protection of areas designated as conservation
or environmentally protected area according to section 42, or areas designated
according to section 44, or pollution control areas designated pursuant to section
58. |
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Section 34 | | The
National Environment Board shall have the power to make appropriate modifications
and improvements to the prescribed environmental quality standards in the light
of scientific and technological progresses and changes in economic and social
conditions of the country. |
Part
2 Environmental Quality Management Planning
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Section 35 | | The
Minister shall, with the approval of the National Environment Board, formulate
an action plan called "Environmental Quality Management
Plan" for implementation of the national policy and plan for enhancement
and conservation of environmental quality determined by virtue of section 13 (1). The
Environmental Quality Management Plan pursuant to the first paragraph shall be
published in the Government Gazette. It shall be the duty of all government
agencies concerned to take actions within their powers and functions that are
necessary for effective implementation of the Environmental Quality Management
Plan and in order to ensure that actions are taken to achieve the objectives and
goals as prescribed, it shall be the duty of the Ministry of Science, Technology
and Environment to give advice to government agencies and state enterprises which
are concerned with the formulation of work plans or the taking of any actions
with a view to implementing the Environmental Quality Management Plan. |
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Section 36 | | The
Environmental Quality Management Plan pursuant to section 35 may be a short, intermediate
or long-term plan, as appropriate, and should contain work plan and guidance for
action in the following matters :
| (1)
| Management of air, water and environmental quality in any
other area of concerns. | | (2) |
Pollution control from point sources. | | (3)
| Conservation of natural environment, natural resources or cultural environment
pertaining to aesthetic values. | | (4)
| Estimation of financing to be appropriated from government budget and
allocated from the Fund which is necessary for implementation of the Plan. |
| (5) | Scheme for institutional arrangements
and administrative orders by which co-operation and co-ordination among government
agencies concerned and between the public service and private sector could be
further promoted and strengthened, including the determination of a manpower allocation
scheme which is required for implementation of the Plan. |
| (6) | Enactment of laws and issuance of regulations,
local ordinances, rules, orders and notifications necessary for implementation
of the Plan. | | (7) | Scheme
for inspection, monitoring and assessment of environmental quality by which the
results of implementation of the Plan and enforcement of law related thereto can
be evaluated objectively. | |
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Section 37 | | After
the Environmental Quality Management Plan has been published in the Government
Gazette, it shall be the duty of the Governor of the Changwat, in which there
is a locality designated as environmentally protected area according to section
43, or as pollution control area according to section 59, to formulate an action
plan for environmental quality management at Changwat level and submit it to the
National Environment Board for approval within one hundred and twenty days from
the date on which the Governor of that Changwat is directed by the National Environment
Board to prepare the Changwat action plan for environmental quality management.
If, however, there is a reasonable ground, the said duration may be extended as
appropriate by the National Environment Board.
In preparing a Changwat
Action Plan for the pollution control area according to section 59, the Governor
shall incorporate into it the action plan for mitigation and elimination of pollution
prepared by the local authority pursuant to section 60 and the local action plan
shall form an integral part of the Changwat Action Plan.
In case there
is any Changwat, in which no locality is designated as an environmentally protected
area according to section 43, or as pollution control area according to section
59, that is nevertheless desirous to enhance and conserve the environmental quality
within the limits of its territorial jurisdiction, the Governor of that Changwat
may prepare a Changwat Action Plan, within the framework of and in conformity
with the requirements of the Environmental Quality Management Plan, and submit
it to the National Environment Board for approval. |
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Section 38 | | The
Changwat Action Plan to be submitted to the National Environment Board shall be
an action plan which proposes a system of integrated management of environmental
quality in conformity with the guidance specified in the Environmental Quality
Management Plan, taking into account the severity of the problems and economic,
social and environmental conditions of that Changwat, and should address and contain
essential elements in the following matters
| (1)
| Plan for control of pollution from point sources. |
| (2) | Plan for procurement and acquisition
of land, materials, equipment, tools and appliances which are essential for the
construction, installation, improvement, modification, repair, maintenance and
operation of central wastewater treatment plants or central waste disposal facilities
belonging to government agency or local administration concerned. |
| (3) | Plan for collection of taxes, duties and service
fees for operation and maintenance of central wastewater treatment plants or central
waste disposal facilities referred to in sub-section (2) above. |
| (4) | Plan for inspection, monitoring and control of
wastewaters and other waste matters which are discharged from point sources of
pollution. | | (5) | Law enforcement
plan for the prevention and suppression of violation or infringement of laws and
regulations pertaining to pollution control and conservation of nature, natural
resources and cultural environment pertaining to aesthetic values. |
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Section 39 | | The
Changwat Action Plan for environmental quality management to be given first priority
for the consideration of the National Environment Board must propose an estimate
of budgetary appropriation and allocation from the Fund for the construction or
procurement for the acquisition of a central wastewater treatment plant or a central
waste disposal facility pursuant to section 38 (2). In case any Changwat is not
ready to take steps for the procurement and acquisition of the central wastewater
treatment plant or the central waste disposal facility, it may instead propose
a plan to promote private investment in the construction and operation of wastewater
treatment or waste disposal facilities in order to make available of such services
within its jurisdiction.
The Changwat Action Plan to be prepared according
to the first paragraph with a request for budgetary appropriation and allocation
from the Fund shall be accompanied by drawings, plans, specifications and an estimated
price of the project for construction, installation, improvement, modification,
repair, maintenance as well as the process and method for operation of the proposed
central wastewater treatment plant or central waste disposal facility.
For the purpose of approving the Changwat Action Plan with a request for budgetary
appropriation in accordance with the first paragraph, the Office of Environmental
Policy and Planning shall be responsible for the gathering and analysis of the
Changwat Action Plans for environmental quality management in order to make a
proposal for annual budgets of the Office to be earmarked specifically for this
purpose. |
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Section 40 | | In
case the management of environmental quality in any matters will have to be carried
out in an area adjoining the territorial jurisdictions of two or more provinces
due to the geographical conditions or the characteristics of the natural ecosystems
of that area, or for the purpose of a sound, systematic and proper management
in accordance with the principle of integrated management of environmental quality
and natural resources, the Governors of the relevant provinces shall jointly prepare
the action plan mandatory required by section 37. |
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Section 41 | | In
case any Changwat, which is mandatory required to prepare the action plan according
to section 37, fails or is incapable to evolve such a plan, or has prepared and
submitted the plan as required but failed to get the approval of the National
Environment Board for any reason, the National Environment Board shall consider
the nature of the problems encountered by that Changwat and evaluate whether its
environmental quality is adversely affected to such an extent that any action
is warrant to rectify the situation. If action is deemed necessary, the National
Environment Board shall propose to the Prime Minister to issue an order directing
the Ministry of Science, Technology and Environment to prepare the Changwat Action
Plan on behalf of the Changwat in question. |
Part
3 Conservation and Environmentally Protected Areas
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Section 42 | | Protection
and management of areas within the limits of national parks and wildlife reserves
shall be in accordance with the Environmental Quality Management Plan effective
by virtue of section 35 and governed by the laws related thereto. |
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Section 43 | | In
case it appears that any area is characterized as watershed area, or characterized
by unique natural ecosystems which are different from other areas in general,
or naturally composed of fragile ecosystems which are sensitive and vulnerable
to destruction or impacts of human activities, or worthy of being conserved due
to its natural or aesthetic values or amenities, and such area is yet to be designated
as a conservation area, the Minister shall, with the advice of the National Environment
Board, be empowered to issue ministerial regulation designating such area as an
environmentally protected area. |
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Section 45 | | In
any area, despite having been designated as a conservation area, a master town
and country plan area, a specific town and country plan area, a building control
area, an industrial estate area pursuant to the governing laws related thereto,
or designated as a pollution control area pursuant to this Act, but which nevertheless
appears to have been adversely affected by environmental problems which assume
a critical proportion to such an extent that an immediate action has become imperative
and yet no action is taken by government agencies concerned to rectify the situation
due to a lack of clear legal authorization or otherwise failure to do so, the
Minister shall, with the approval of the National Environment Board, propose for
a cabinet authorization to take any one or several protective measures provided
by section 44, as necessary and appropriate, in order to control and solve the
problems in such area.
When cabinet authorization is obtained as provided
in the first paragraph, the Minister shall, by notification published in the Government
Gazette, determine the limits of such area and prescribe in detail the protective
measures and the duration for which such measures shall be effectively taken therein.
With the approval of the National Environment Board and the cabinet, the
duration of effectiveness specified according to the second paragraph may be extended
by notification published in the Government Gazette. |
Part
4 Environmental Impact Assessment
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Section 46 | | For
the purpose of environmental quality promotion and conservation, the Minister
shall, with the approval of the National Environment Board, have the power to
specify, by notification published in the Government Gazette types and sizes of
projects or activities, likely to have environmental impact, of any government
agency, state enterprise or private person, which are required to prepare reports
on environmental assessment for submission to seek approval in accordance with
section 47, section 48 and section 49.
In the notification issued according
to the first paragraph, procedures, rules, methods and guidelines shall be laid
down for the preparation of environmental impact assessment report for each type
and size of project or activity, including related documents that are required
to be filed together with the report.
In case there has been an environmental
impact assessment concerning project or activity of any particular type or size,
or site selection for such project or activity in any particular area and such
assessment can be used as a standard assessment applicable to the project or activity
of the same type or size or to the site selection of such project or activity
in the area of similar nature, the Minister may, with the approval of the National
Environment Board, issue a notification in the Government Gazette exempting such
project or activity of the same or similar nature from the requirement of environmental
impact assessment, provided that the proponent of such project or activity shall
express its consent to comply with various measures prescribed in the environmental
impact assessment report which is applicable as the standard for assessment of
such project or activity in accordance with the rules and methods specified by
the Minister. |
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Section 47 | | In
case the project or activity which is required to prepare the environmental impact
assessment according to section 46 is the project or activity of a government
agency or of a state enterprise or to be jointly undertaken with private enterprise
which is required the approval of the cabinet in accordance with official rules
and regulations, the government agency or state enterprise responsible for such
project or activity shall have the duty to prepare the environmental impact assessment
report at the stage of conducting a feasibility study for such project, such report
shall be filed with the National Environment Board for its review and comments
and then submitted to the cabinet for consideration.
In considering to
give approval to the environmental impact assessment report filed according to
the first paragraph, the cabinet may as well request any person or institution,
being an expert or specialized in environmental impact assessment, to study and
submit report or opinion for its consideration thereof.
For project or
activity of government agency or state enterprise which is not required to be
approved by the cabinet according to the first paragraph, the government agency
or state enterprise responsible for such project or activity shall prepare and
file the environmental impact assessment report in order to obtain approval prior
to the initiation of such project or activity in accordance with the rules and
procedures as provided by section 48 and 49. |
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Section 48 | | in
case the project or activity which is required by section 46 to prepare the environmental
impact assessment report is the project or activity which is required by law to
obtain permission prior to construction or operation, the person applying for
the permission shall have the duty to file the environmental impact assessment
report with the permitting authority under such law and with the Office of Environmental
Policy and Planning simultaneously. The report to be filed as aforesaid may be
made in the form of an initial environmental examination (I.E.E.) in accordance
with the rules and procedures determined by the Minister pursuant to section 46,
second paragraph.
The official who is legally authorized to grant permission
shall withhold the granting of permission for the project or activity referred
to in the first paragraph until having been notified by the Office of Environmental
Policy and Planning of the result of consideration pertaining to the review of
the environmental impact assessment report in accordance with section 49.
The
Office of Environmental Policy and Planning shall examine the environmental impact
assessment report and related documents filed therewith. If it is found that the
report as filed is not correctly made in accordance with the rules and procedures
specified by virtue of section 46, second paragraph, or the accompanied documents
and data are incomplete, the Office of Environmental Policy and Planning shall
notify the person applying for permission who files the report within fifteen
days from the date of receiving such report.
In case the Office of Environmental
Policy and Planning finds that the environmental impact assessment report together
with related documents as filed is duly made and completed with the data as required,
or has been duly amended or modified in accordance with the foregoing third paragraph,
it shall review and make preliminary comments on the report within thirty days
from the date of receiving such report in order that the report together with
the preliminary comments shall be referred to the committee of experts for further
consideration.
The appointment of the committee of experts according to
the foregoing fourth paragraph shall be in accordance with the rules and procedures
determined by the National Environment Board. The committee shall be composed
of expert members who are qualified or specialized in various fields of related
disciplines and the authority legally competent to grant permission for the given
project or activity under review, or its representative, shall be included in
its membership. |
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Section 49 | | The
review and consideration by the committee of experts according to section 48 shall
be carried out within forty-five days from the date of receiving the environmental
impact assessment report from the Office of Environmental Policy and Planning.
If the committee of experts fails to conclude its review and consideration within
the said period, the report shall be deemed to have been approved by it. In
case the committee of experts approves or is deemed to have given approval to
the report, the official legally empowered to grant permission shall accordingly
order that the permission be granted to the person who applies for it. In
case approval of the report is denied by the committee of experts, the permitting
authority shall withhold the granting of permission to the person applying for
it until such person will resubmit the environmental impact assessment report
that has been amended or entirely redone in conformity with the guidelines and
detailed requirements determined by the order of the committee of experts. When
such person has resubmitted the environmental impact assessment report that has
been amended or entirely redone, the committee of experts shall review and conclude
its consideration within thirty days from the date of receiving the resubmitted
report, If the committee of experts fails to conclude its review and consideration
within the said period, it shall be deemed that the committee has approved the
report and the permitting authority shall accordingly grant permission to the
person who applies for it. In case it is deemed reasonable the Minister
may issue notification in the Government Gazette requiring that the project or
activity of the type and size specified by the notification issued by virtue of
section 46 also file the environmental impact assessment report when the application
is made for renewal of permission for such project or activity in accordance with
the same procedures as applicable to the application for the permission. |
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Section 50 | | For
the purpose of review and consideration of the environmental impact assessment
report pursuant to section 48 and section 49 and site inspection is deemed appropriate,
the committee of experts or the competent official assigned by the committee shall
be authorized to inspect the site of the project or activity identified in the
report for which approval thereof is sought. When the committee of experts has
approved the environmental impact assessment report pursuant to section 49, the
official who is legally competent to grant permission or the renewal of permission
shall stipulate as the conditions of permission or renewal thereof all the mitigation
measures proposed in the environment impact assessment report and all such conditions
shall be deemed the conditions prescribed by virtue of the governing laws on the
subject matter. |
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Section 51 | | For
the purpose of compliance with section 47 and section 48, the Minister may, with
the approval of the National Environment Board, require that the environmental
impact assessment report as required by section 46 be prepared or certified by
the person who is licensed to be a specialist in environmental impact assessment. Application
and issuance of license, qualifications of specialists who will be eligible to
prepare environmental impact assessment reports, control of the licensee's performance,
renewal of license, issuance of certificate in lieu of the license, suspension
or revocation of the license and fee payments for the application and issuance
of license shall be in accordance with the rules, procedures and conditions stipulated
by ministerial regulation. | |
