Enhancement and Conservation of National Environmental Quality Act

    Thailand

    Enhancement and Conservation of National Environmental Quality Act

    The Thai Enhancement and Conservation of National Environmental Quality Act (only available in Thai here) (‘the NEQA‘) establishes minimum pollution standards, harmonizes standards implemented by government agencies and fills gaps left by other laws with respect to standards for point-source pollution control.  

    Last Updated: July 30, 2019


  • Requirements

    The NEQA includes regulatory mechanisms including: 

    • the establishment of the Environmental Quality Board that has the powers and duties to submit policy and govern agencies in environmental quality management; 
    • national environmental effluent and emission quality standards set for water, air, noise and other environmental conditions to conserve the environment; 
    • the definition of pollution control sources; 
    • creation of pollution control areas; 
    • provision for an environment fund to assist polluters to control their pollutants; 
    • environmental impact assessments; 
    • establishment of a Pollution Control Committee; and 
    • requires owners and possessors of point sources of pollution to submit data on the daily functioning of their operations. 

    Environmental Impact Assessments 

    In the interest of environmental quality enhancement and conservation, the Ministry of Natural Resources and Environment shall, with the approval of the National Environment Board, have the power to prescribe, by notifications in the Government Gazette, categories and sizes of projects or activities of a government agency, a state enterprise, or a private entity that produce impact on the environment and for which a report on environmental impact assessment is necessary. Note that the impact assessment can be done jointly with private enterprises.  

    The NEQA establishes civil liability for an act or omission of the person who sustains injury or damage, or of any third party who is directly or indirectly responsible for the leakage or contamination.  

    Service Fees  

    In a pollution control area or a locality where a competent authority has provided for a central wastewater treatment system or a central waste removal system, the owner or possessor responsible for the source of pollution and not provided for the wastewater treatment or waste removal system as ordered by the Pollution Control Official, or does not want to construct or provide for any such systems, has an obligation to send the wastewater or wastes generated by the source(s) to central wastewater treatment system(s) or central waste removal system(s) in the pollution control area or in that locality for treatment or removal and also has the duty to pay the service fees at the rates fixed by virtue of this Act.  

    Sanctions  

    Any owner of a source of pollution who avoids the conveyance of wastewater and illegally discharges waste into environment outside the limits of the site of the source or who sends the waste to the governments waste system but fails to pay the service fee is liable to four times the service fee.  

    Any owner of a source of pollution who disposes of waste where there is an on-site wastewater treatment but who illegally discharges the waste must pay a daily penalty of four times the amount of daily expenses for a normal operation of the on-site waste management system. 

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