Thailand has been aware of environmental problem and has emphasized the preservation of natural resources and environment for a long time. It can be seen that Thailand began formulating the policy on natural resources and environment conservation in the Constitution of the Kingdom of Thailand, B.E. 2517 (1974) 1, when Mae Klong River was contaminated as a result of waste water left untreated from industrial plants. Then, during the Sanya Thammasak government, the enactment on the Enhancement and Conservation of National Environmental Quality Act, B.E. 2518 (1975) was made which is deemed to be the first national environmental law implementing the unity of environmental law enforcement. Before 1975 (B.E. 2518), no laws related directly to environmental problem management had been enacted yet. On the other hand, there have been many laws governing environmental management and each provided particular issues or activities involving environment under the enforcement of relevant agencies, such as the Canals Conservation Act R.S. 121 (B.E. 2445) (1902); the Plant Varieties Protection Act, B.E. 2483 (1940); the Forest Act, B.E. 2484 (1941); the Fisheries Act, B.E. 2490 (1947) etc. These acts underline the control of natural resources exploitation rather than natural resources and environment conservation. Since 1960, Thai government became more seriously aware of the necessity of natural resources conservation and enacted additional concerned laws, namely, the Wildlife Preservation and Protection Act, B.E. 2503 (1960); the National Park Act, B.E. 2504 (1961); the National Reserved Forest Act, B.E. 2507 (1964); the Animal Varieties Protection, B.E. 2509 (1966) etc.
The Enhancement and Conservation of National Environmental Quality Act, B.E. 2518 (1975) was enacted for the main purpose of setting up the National Environment Board and the Office of the National Environment Board in charge of overall environmental issues. The Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (1992) was subsequently enacted and the Act, B.E. 2518 was repealed. The new environmental law being currently enforceable is regarded as a fundamental law; an innovation of the environmental management. Under this law, the National Environment Board has been elevated, from advisory status, to national commission chaired by Prime Minister. The Board has various responsibilities as follows: determining environmental quality standard: water, air, noise, etc., granting approval for environmental quality management plan and determining standards of nonpoint source pollution control, etc. Furthermore, a Royal Decree was enacted to establish three new environmental bodies namely Bureau of Environmental Policy and Planning, Pollution Control Department and Department of Environmental Quality Promotion acting in lieu of the Office of the National Environment Board. In addition, this Act focuses on public and private participation in the promotion and conservation of environmental quality as well as the setting-up of promotional measure for funding and assistance in order to raise awareness of the duty to preserve environmental quality.
B.E. 2535 (1992) is a very significant period of the current evolution of Thai environmental law because besides the Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (1992), many important environmental laws were enacted namely the Wildlife Preservation and Protection Act, B.E. 2535; the Public Health Act, B.E. 2535; the Factory Act, B.E. 2535; the Act to Maintain Cleanliness and Good Order of the Country, B.E. 2535; the Energy Conservation Promotion Act, B.E. 2535; the Non-smokers’ Health Protection Act, B.E. 2535. These laws are the consequences of the international community’s enthusiastic trend towards environment, in particular, the United Nations Conference on Environment and Development of which the outcomes has inevitably brought Thailand, encountering environmental deterioration problem arisen from the economic development prior to Thailand’s economic crisis in 1997, to the law amendment and the amelioration of environmental government agencies. Being promulgated, the Constitution of the Kingdom of Thailand, B.E. 2540 (1997) mandated important provisions in political reform, establishment of independent organizations, administrative decentralization, public participation in natural resources and environmental management as well as the guarantee of the community rights for the first time.
Nowadays, Thailand has formulated state policy on public participation in exploitation control management of natural resources and biodiversity in a balanced manner. This also includes environmental conservation as prescribed by the Constitution of the Kingdom of Thailand, B.E. 2550 (2007); the Tenth National Economic and Social Development Plan (B.E. 2550-2554) (2007-2011) and the Eleventh National Economic and Social Development Plan (B.E. 2555-2559) (2012-2016). Furthermore, many laws are additionally amended and new laws are enacted as well in order that environmental conservation shall be carried out in an efficient manner and relevant to current circumstances, such as the National Standard Act, B.E. 2551 (2008); the Fossil Protection Act, B.E. 2551(2008), etc. Thai government has also prepared the draft Fiscal Measures for the Environment Bill, in which the Polluter Pays Principle (PPP) is enforced for mutual responsibility. This is a way in which financial and fiscal measures have been applied by the State to fill the gaps of command and control of environmental law. In addition, the Cabinet passed a resolution on 12 November 1991, officially declaring December 4th of each year a “Thai Environmental Day”.
Finally, environmental conservation cannot be achieved only by either a person or a nation. We have to raise individual cooperative consciousness within society and nations. In the same manner, the environmental law has to be developed in line with law practitioners. However good the laws theoretically are, their true values are really defined by practice or application. The improvement of legal practitioners is therefore necessary especially judges dealing with environmental cases, who need to have knowledge and understanding on environmental law which is complicated. Legal knowledge alone is not sufficient. Various areas of knowledge are required to solve problems or disputes related to environment as the judge is entrusted with the exercise of suitable discretion over cases.
Thailand has been aware of environmental problem and has emphasized the preservation of natural resources and environment for a long time. It can be seen that Thailand began formulating the policy on natural resources and environment conservation in the Constitution of the Kingdom of Thailand, B.E. 2517 (1974) 1, when Mae Klong River was contaminated as a result of waste water left untreated from industrial plants. Then, during the Sanya Thammasak government, the enactment on the Enhancement and Conservation of National Environmental Quality Act, B.E. 2518 (1975) was made which is deemed to be the first national environmental law implementing the unity of environmental law enforcement. Before 1975 (B.E. 2518), no laws related directly to environmental problem management had been enacted yet. On the other hand, there have been many laws governing environmental management and each provided particular issues or activities involving environment under the enforcement of relevant agencies, such as the Canals Conservation Act R.S. 121 (B.E. 2445) (1902); the Plant Varieties Protection Act, B.E. 2483 (1940); the Forest Act, B.E. 2484 (1941); the Fisheries Act, B.E. 2490 (1947) etc. These acts underline the control of natural resources exploitation rather than natural resources and environment conservation. Since 1960, Thai government became more seriously aware of the necessity of natural resources conservation and enacted additional concerned laws, namely, the Wildlife Preservation and Protection Act, B.E. 2503 (1960); the National Park Act, B.E. 2504 (1961); the National Reserved Forest Act, B.E. 2507 (1964); the Animal Varieties Protection, B.E. 2509 (1966) etc.
The Enhancement and Conservation of National Environmental Quality Act, B.E. 2518 (1975) was enacted for the main purpose of setting up the National Environment Board and the Office of the National Environment Board in charge of overall environmental issues. The Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (1992) was subsequently enacted and the Act, B.E. 2518 was repealed. The new environmental law being currently enforceable is regarded as a fundamental law; an innovation of the environmental management. Under this law, the National Environment Board has been elevated, from advisory status, to national commission chaired by Prime Minister. The Board has various responsibilities as follows: determining environmental quality standard: water, air, noise, etc., granting approval for environmental quality management plan and determining standards of nonpoint source pollution control, etc. Furthermore, a Royal Decree was enacted to establish three new environmental bodies namely Bureau of Environmental Policy and Planning, Pollution Control Department and Department of Environmental Quality Promotion acting in lieu of the Office of the National Environment Board. In addition, this Act focuses on public and private participation in the promotion and conservation of environmental quality as well as the setting-up of promotional measure for funding and assistance in order to raise awareness of the duty to preserve environmental quality.
B.E. 2535 (1992) is a very significant period of the current evolution of Thai environmental law because besides the Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (1992), many important environmental laws were enacted namely the Wildlife Preservation and Protection Act, B.E. 2535; the Public Health Act, B.E. 2535; the Factory Act, B.E. 2535; the Act to Maintain Cleanliness and Good Order of the Country, B.E. 2535; the Energy Conservation Promotion Act, B.E. 2535; the Non-smokers’ Health Protection Act, B.E. 2535. These laws are the consequences of the international community’s enthusiastic trend towards environment, in particular, the United Nations Conference on Environment and Development of which the outcomes has inevitably brought Thailand, encountering environmental deterioration problem arisen from the economic development prior to Thailand’s economic crisis in 1997, to the law amendment and the amelioration of environmental government agencies. Being promulgated, the Constitution of the Kingdom of Thailand, B.E. 2540 (1997) mandated important provisions in political reform, establishment of independent organizations, administrative decentralization, public participation in natural resources and environmental management as well as the guarantee of the community rights for the first time.
Nowadays, Thailand has formulated state policy on public participation in exploitation control management of natural resources and biodiversity in a balanced manner. This also includes environmental conservation as prescribed by the Constitution of the Kingdom of Thailand, B.E. 2550 (2007); the Tenth National Economic and Social Development Plan (B.E. 2550-2554) (2007-2011) and the Eleventh National Economic and Social Development Plan (B.E. 2555-2559) (2012-2016). Furthermore, many laws are additionally amended and new laws are enacted as well in order that environmental conservation shall be carried out in an efficient manner and relevant to current circumstances, such as the National Standard Act, B.E. 2551 (2008); the Fossil Protection Act, B.E. 2551(2008), etc. Thai government has also prepared the draft Fiscal Measures for the Environment Bill, in which the Polluter Pays Principle (PPP) is enforced for mutual responsibility. This is a way in which financial and fiscal measures have been applied by the State to fill the gaps of command and control of environmental law. In addition, the Cabinet passed a resolution on 12 November 1991, officially declaring December 4th of each year a “Thai Environmental Day”.
Finally, environmental conservation cannot be achieved only by either a person or a nation. We have to raise individual cooperative consciousness within society and nations. In the same manner, the environmental law has to be developed in line with law practitioners. However good the laws theoretically are, their true values are really defined by practice or application. The improvement of legal practitioners is therefore necessary especially judges dealing with environmental cases, who need to have knowledge and understanding on environmental law which is complicated. Legal knowledge alone is not sufficient. Various areas of knowledge are required to solve problems or disputes related to environment as the judge is entrusted with the exercise of suitable discretion over cases.
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