Legislative framework |
: Thailand |
Legislation |
Regulated Activities |
Responsibility Ministries |
Remarks |
Enhancement
and Conservation of National Quality Act (NEQP 1992) |
Regulates specified point sources for
wastewater discharges into public water resources, or
the environment, based on effluent standards |
MONRE |
Amendment to NEQA; key environmental legislation
to fill gap; no criminal or civil liability for violation
of standards |
Factories Act of 1992 |
Limits level of effluent discharged and
restricts concentration levels of chemical and/or metal
pollutants |
MoInd |
MoInd also promotes industrial development
activities which creates conflicts of interest. An amendment
to the Act is being drafts to require pollutants to pat
for clean-up costs. |
Navigation in Thai Waterways Act (Volume
14) as amended in 1992 |
Prohibits dumping of any refuse including
oil and chemicals into rivers, canals, lakes or waterways
that may pollute the environment or disrupt navigation
in Thai waterways |
MoTC |
Many cases have been successfully brought
against polluters |
Publics Health Act of 1992 |
Regulates nuisance activities related
to water pollution such as odor, chemical fumes, wastewater
discharge system of buildings, factories or animal feedlots
tht cause harmful health effects |
MoP |
Decentralized implementation to LGAs |
Cleanliness and Tidiness of the Country
Act of 1992 |
Prohibits dumping of refuse in waterways |
LAOs |
Decentralized implementation to LGAs |
Canal Maintenance |
Prohibits dumping or discharging of wastewater
in canals |
MoAC |
Little used |
Building Control Act of 1979 |
Regulates discharges of water pollution
from building |
MoInt |
Decentralized implementation to LGAs |
Penal Code of 1956 |
Prohibits adding harmful substances in
water resources reserved for consumption |
OAG |
Little used |
Fisheries Act of 1947 |
Prohibits dumping or discharging of hazardous
chemicals into water resources reserved for fishing |
MoAC |
Difficult to prove intention for criminal
liability |
Royal Irrigation Act of 1942 |
Prohibits dumping of garbage or discharging
polluted water or chemicals into irrigation canals |
MoAC |
Limited jurisdiction |
Since 1961, the Royal Thai Government (RTG).has developed
five-year National Economic and Social Development plans
that establish the overall priorities and policy framework
for the country’s development. While early plans emphasized
economic development through the exploitation of natural
re-sources, the 7th Plan (1992-1996) declared the government’s
commitment to promoting sustainable economic development
that protects the environment. One key objective of the
7th plan was to rehabilitate water quality in the lower
reaches of the Chao Phraya and Tha Chin rivers.
The ongoing 8th Plan (1997-2001) continues to emphasize
the rehabilitation of natural resources and the environment
by strengthening environmental management, and increasing
local and community participation. Key principles emphasize
good governance through decentralization, public participation
in decision-making, increased transparency and accountability,
and empowerment of communities. The forthcoming 9th plan
(2002-2006) builds on these foundations.
The
current 9th Plan (2002-2006) concentrates on concentrates
on improving the management, creating a balance between
natural resource consumption and preservation, promoting
sustainable use of the resources, promoting self-reliance
development, raising people’s quality of life and
becoming a foundation for development of the country. The
Plan is focused on management of natural resource and environment
by enhancing participation of all sectors in the society,
employing effective, transparent as well as trustworthy
regulations, and conducting practical research. In issues
related to water quality strategies, the Plan states that
the inland water quality of main rivers should not be less
than 2 milligram per liter, and the coastal water quality
should be restored according to determined national standards.
Developed by OEPP and approved by the Cabinet, the 20
year Policy and Prospective Plan for Enhancement and Conservation
of National Environment Quality (1997-2016) establishes
goals, principles, and policies and guidelines for environmental
quality management. The Prospective Plan also recognizes
the role of local government authorities (LGAs) and NGOs
in improving and protecting water quality by increasing
awareness and monitoring.
Under this plan, policies for water pollution aim to:
- Accelerate the rehabilitation of water quality in important
water resources;
- Reduce and control water pollution originating from
community activities, agriculture, and industry;
- Apply the polluter pays principle; and
- Promote and support private sector investment in solving
water pollution problems.
Reference: “Thailand Environment Monitor
2001”, World Bank 2001
“The 9th National Economic and Development Plan”
=> The
Water Pollution Management Plan
Drinking Water Standards
Surface Water Standards
Ground Water Standards
Effluent Standards
Coastal Water Standard
Water Quality for Freshwater Animals
Reference: PCD website (http://www.pcd.go.th)
1) Canal Maintenance Act of Ratanakosin Era 121
This Act was provided for canal maintenance and usage. The person who drops
garbage into canal or who causes damage to canal will be punished.
2) Internal Water Navigation Act of B.E. 2546
This Act was provided for control of internal water navigation: the14th Amendment
of this Acts was introduced in B.E. 2535 (1992). Building construction over
public waterway is prohibited except the Harbor Department’s permission,
and the ownerof such buildinghas to pay high fees for the said permission.
Any person who throws something or causes damage to waterway will be punished.
3) Fishery Act of B.E. 2490
This Act was provided for fishing control and water animal conservation.
Any person, who drops toxic substances into fishing resources or use’s
electricity or explosive for fishing, will be punished. From the end of 1991,
prawn farmer has to register his farm to the fishery official and the prawn
farmer who has more than 50 rais for his tarn has to provide wastewater treatment
facility not less than 10% total farm area and its BOD not more than 10mg/l.
4) National Executive Council Announcement No.
(B.E. 2515)
This Act was provided for land allocation control. The Land Allocation Control
Board has power to issue the regulation involving land allocation. Drainage
System and wastewater treatment have to be constructed in such land by the applicant
for land allocation license under the Regulation involving Land Allocation B.E.2535
dated August 17, 1993.
5) Building Control Act B.E. 2522
This Act was provided for Building control. This Act authorizes the Interior
Minister and the local official to issue the Ministerial Regulation and total
regulation respectively to control building, construction, alternation, removal,
mobilization, and usage. Under the Ministerial Regulation No.3 (B.E.2535) dated
February 14, 1993 high rise buildings or special huge building must have drainage
system and wastewater treatment system.
6) Bangkok Metropolis Regulation on Drainage Control
B.E. 2534
This regulation was provided for drainage from buildings into drainage pipes
and public water courses. Building to be constructed must have drainage system
and wastewater treatment system.
7) Public Cleanliness and Orderliness Act B.E.
2535
This Act was provided for control of public cleanliness and orderliness in
the boundaries of Municipalities, Sanitary Districts, Bangkok Metropolis, and
Pattaya City. Any Provincial Administrative Organization will be applied this
Act by issuance of Notification of the Ministry or Interior. Any person who
drops garbage or takes apiss n public place will be penalized.
8) Public Health Act B.E. 2535
This Act was provided for Public health control such as nuisance dangerous
activities to health, and so on. The person who desires to establish market
will obtain permission from local official and must have drainage system. This
act stipulates the power and duty of local administration to treat night soil
and solid waste.
9) Factory Act B.E. 2535
This Act was provided for control of factory establishment and operation.
The Minister of Industry has power to issue Ministerial Regulation and Notification
to govern any or all types of factory to comply with. This factory owner will
show wastewater treatment process which does not cause damage or nuisance to
people, and will maintain drainage system in accordance with rules, procedures,
and conditions as specified in the Ministerial Regulations and Notifications,
Architect. Engineer, or responsible person who works in the factory which performed
illegally may be liable in civil and criminal case, and his professional license
may be withdrawn.
10) Industrial Estate Authority of Thailand Act
B.E. 2522
This Act under the Ministry of Industry address the issue of Industrial waste
treatment in area designated as industrial estates. The approach taken is to
establish centralized treatment plants individual estates. This Act entrusts
the Industrial Estate Authority of Thailand (IEAT) with exclusive jurisdiction
over the business activities of all of its industrial estates, and empowers
the IEAT.
- To establish drainage systems and wastewater treatment
plants, and
- To change service fees.
11) National Environmental Quality Act B.E. 2535
This Act was provided for environment quality control and promotion including
support of people participation in maintenance of environmental quality. This
Act specifies the powers and duties of National Environment Board, Pollution
Control Committee, and Environmental Fund Committee, involving control, prevention,
and solution of power pollution.
12) Others
In addition to the laws mentioned above, there are many laws directly involves
with the control, prevention and solution of water pollution; such as Civil
and Commercial Code, Disease Act of B.E.2477. Private Irrigation Act of B.E.
2482. Royal Irrigation Act of B.E.2485, Animal Disease Act of B.E. 2499, Penal
Code, Animal Food Quality Control Act of B.E.2505, Petroleum Act of B.E.2514,
Fertilizer Act of B.E.2518, City Planning Act of B.E.2518 and Toxic Material
Act B.E.2535.
Reference: “Country Report for Environmental
Management Seminar (Asian Countries)” (Osaka International
Centre, Japan International Cooperation Agency, FY 2000)
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