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3 MOST DISTINGUISHED FEATURES AND DEVICES OF PUBLICPARTICIPATION SCHEME RELEVANT TO THE THAI EIA
Chacrit Sitdhiwej | Faculty of Law | Thammasat University | Thailand
schacrit@tu.ac.th | chacrit.wordpress.com

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*under the 1992 ECNEQA as amended by the 2018 Amendment without detailed ministerial notifications due to be issued by October 18, 2018
proposalscreening• projects, businesses or operations prescribed by ministerial notification• produces no impact on the environment• ditto• produces an impact on the environment

EIA required

EIA & HIA required

scoping

scoping

as prescribed by a ministerial notification, at least comprises:• description of the proposed project, business or operation• description of the environmental baseline• consideration of alternatives• prediction of impacts• public consultation• mitigation• ditto• others as prescribed byministerial notification

EIA not required
proceeds the proposed
project, business oroperation without EIA

1997 Official Information Act
1999 Act on Establishment of the Administrative
Courts and Administrative Procedures

presentation
review

responsible agency

any prescribed public or public-private
project, business or operation legallyrequired Council of Ministers’ approval

approved
proceed the proposed
project, business oroperation with the
mitigation & monitoring• ditto• may produce a severe impact on natural resources, environmental quality, health,sanitation, quality of life, or other significant interest of the public, communities or theenvironment

responsible agency

ExpertCommittee

Council ofMinisters

not approved

proposed project,business or operation
terminatedre-proceeds
the proposal &amended EIA

EIA approved
competent officer
may grant a permit &shall include terms ofEIA as conditions tothe proponent

any prescribed public project, business oroperation not legally required Council ofMinisters’s approval or any private one
proponent & qualified EIA specialists

EIA not approved

proposed project,business or operation
terminatedre-proceeds
the amended
EIA

Access to the Administrative Courts
1997 Official Information Act
ministerial notification issued under the 1992 Act

3 FEATURES OR DEVICES
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2005 Rule of the Office of the Prime Minister on
Public Consultation

details of public participation in
the preparation of EIA reportdue to be issued by October 18, 2018

MINISTERIAL NOTIFIC ATIONissued under section 48 paragraph two of the 1992 Act, as amended by the 2018 Amendment Act

Official information that:
1. shall be published in the Government Gazette
2. shall be made for public inspection
3. shall be requested for public studies
4. rights to lodge complaints
5. the Information Disclosure Tribunals

19 9 7 O F F I C I A L I N F O R M A T I O N A C T
ss7-13, 35-39

Administrative Courts have the competence to try and adjudicate orgive orders over:(1)the case involving a dispute in relation to an unlawful act by anadministrative agency or a State official(2)the case involving a dispute in relation to an administrative agency ora State official neglecting official duties required by the law to be
performed or performing such duties with unreasonable delay

ACCESS TO THE ADMINISTRATIVE COURTS
s9(1)-(2)Image courtesy: goo.gl/zKgX63

THE PUBLIC IS A FEROCIOUS BEAST; ONE
MUS T EITHER CHAIN IT OR FLEE FROM IT.
–VOLTAIRE7