By: Araya NuntapotidechPollution Control DepartmentMinistry of Natural Resources and Environment

Environment Act: A Tool for

Pollution Control

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1. PCD Overview2. Update of Thailand Environment Laws & Regulations

since 20093. Current National Policies in Thailand4. Solution of Environment Challenges in Thailand5. Enforcement Challenges in the Rapid Economic

Development6. Dialogue Opportunities with Multi-National

Corporations Regional Asia Pacific Health, Safety & Environmental Leaders on such Program

Outline

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1. PCD Overview

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No Pollution in Thailand

through “pollution control,for good environment,

for the people,by public participation”

Vision

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We are dedicated to working with transparency, equity, teamwork,

for the benefit of the people.

Accountability

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2. Update of Thailand Environment Laws & Regulations since 2009

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1. Constitution of the Kingdom of Thailand 20072. Factory Act 1992 3. Thai Industrial Standard Act 19684. Hazardous Substance Act 1992 5. Public Health Act 19926. Cleanness and Disciplinary Administration Act 19927. Municipal Decentralization Act 19998. Enhancement and Conservation of National

Environmental Quality Act 1992

Environmental Laws & Regulations

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Human rights to preserve indigenous culture, and tradition and to manage sustainable natural resources, environment and biodiversity in the areas

Human rights to conserve and protect natural resources and environment and biodiversity together with government and community for public health, welfare and quality of life

Government rights to conserve, promote and protect natural resources and environment for sustainable development and well-being with public participation process

Municipality rights to conserve, promote and control natural resources and environment in the areas with public participation process

Constitution of the Kingdom of Thailand 2007 (B.E. 2550)

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Propose to classify, control and observe various industries by permissions, guidelines, management systems and compliances

Result for country development and economic without affecting to the people and environment

Factory Act 1992 (B.E. 2535)

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Propose to standardize a variety of industrial products and goods for importing and exporting with supporting green and clean technologies

Result for protecting the impact to industries, economy, the people and social security

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Thai Industrial Standard Act 1968 (B.E. 2511)

Propose to suitably classify and control hazardous substances by enhancing permissions, guidelines, methodologies and management systems

Result for protecting hazards to humans, faunas, floras, prosperities and environment

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Hazardous Substance Act 1992 (B.E. 2535)

Propose to provide and manage environmental health sanitation for communities by initiating standards, guidelines, measures and management systems

Result for protecting and controlling well environmental health sanitation for well-being and quality of life

Public Health Act 1992 (B.E. 2535)

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Propose to manage and control administrative policy and plan for Bangkok Metropolitan and municipalities

Result for managing and protecting impacts to the public and humane security

Cleanness and Disciplinary Administration Act 1992 (B.E. 2535)

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Propose to decentralize responsibility and authority to localities and municipalities for planning, managing and solving problems in the areas

Result for operating and controlling the communal management system for people health and life

Municipal Decentralization Act 1999 (B.E. 2542)

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Purpose to conserve, promote and control natural resources and environment for the country by using environmental policy, standards, guidelines and management

Highlight the concept of Polluter Pays Principle

Enhancement and Conservation of National Environmental Quality Act 1992

(B.E. 2535)

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Strengthen public participation for discussing, observing and solving environmental problems

Initiate Environmental Impact Assessment (EIA) and Heath Impact Assessment (HIA) for sustainable environment and development

Announce Environmental Conservative Area and Pollution Control Area

Enhancement and Conservation of National Environmental Quality Act 1992

(B.E. 2535)

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The Environment Act

Chapter 1 National Environment Board

Chapter 2 Environmental Fund

Chapter 3 Environmental Protection

Part 1 Environmental Quality Standards

Part 2 Environmental Quality Management

Part 3 Conservation and EnvironmentallyProtected Area

Part 4 Environmental Impact Assessment

Chapter 4 Pollution Control

Part 1 Pollution Control Committee

Part 2 Emission or Effluent Standards

Part 3 Pollution Control Area

Part 4 Air and Noise Pollution

Part 5 Water Pollution

Part 6 Other Pollution and Hazardous Waste

Part 7 Monitoring, Inspection and Control

Part 8 Service Fee and Penalty

Chapter 5 Promotion Measures

Chapter 6 Civil Liability

Chapter 7 Penal Provision

The Environment Act: Mechanism and Tools

- National Environment Board

- Environmental Fund Committee

- Environmental Quality Standards

- Ambient Standards

- Emission Standards

- Promotion Measures

- Environmental Protected Areas andPollution Control Areas

- Environmental Impact Assessment

- Service Fee and Penalty

Environmental Impact Assessment- Specify type and size of project activities are require to prepare environmental assessment report:

34 types and sizes requiring EIA11 types and sizes requiring EHIA

- provide procedures, rules, methods and guidelinesfor preparing environmental assessment report

- Expert review committee

- All mitigation measures proposed in EIA report shallstipulate as the conditions of permission or renewal

Project Requiring EIA Industrial estate, Commercial port and habour,Thermal power plant, Coastal reclamation,Hotel and Resort, Mining, Specific industrial projects( Petrochemical, Oil refinery, Natural gas seperation,Cement, Iron and steel, Pulp industry, Pesticide Industry, Chemical fertilizer industry) etc.

Project Requiring EHIALand allocation, Mining, Industrial estate, Petrochemical industry, Mineral melting industry,Manufacturing, disposal or modification of radioactivesubstances, Project of aviation transportation system,Port, Dam or reservoir, Thermal power plant.

3. Current National Policies in Thailand

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(1) Environmental Quality Management (EQM) Plan

NEQA 1992Long-Term Policy and Plan for the Enhancement and Conservation of the National Environmental Quality

(Now 20-year policy covering 1997-2016)

Mid-Term EQM Plan (Now 5-year plan covering 2007-2011)

Short-Term (1-year) Provincial EQM Action Plan

National-level Act

National-level Policy

National-level Plan

Provincial-level Plan

Six main strategies:1. Sustainable Consumption and Production (SCP)

2. Conservation and Rehabilitation of Natural Resources

3. Environment and Governance

4. Environment and Quality of Life

5. Risk Management from Natural Disasters and Climate Change

6. Environmental Awareness

EQM Plan 2012-2016 :

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The Goal:“To both protect the environmental quality

for human-being and balance the ecosystem for natural conservation”

(2) Pollution Management Plan 2012 – 2016 (B.E. 2555-2559)

1. Mitigate and control pollution sources in the main sectors from the upstream through the end of pipe.

2. Manage the pollution at the area levels according to the problematic prioritization.

3. Encourage the local administration organizations to operate related to management of wastewater and municipal waste management.

6 Concepts and Principles

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4.Apply the Polluter Pays Principle (PPP) and economic measures with incentive programs for heading to sustainable production and consumption (SCP).

5.Develop the unity of pollution management, regulations, plans and implementations, cooperated to all agencies.

6.Support public participation for all public sectors and stakeholders to protect and manage the pollution problems in area levels.

6 Concepts and Principles

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4. Solution of Environment Challenges in Thailand

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PCD Landmarks

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Pollution Management Plan 2012-2016 (B.E. 2555-2559)

Master Plan of Municipal Wastewater Management and Investment

Master Plan of Municipal Waste Management and Investment

Strategic Plan of Reduce, Reuse and Recycle (3Rs)

Strategic Plan of Waste Management from Electrical and Electronic Equipments (WEEE)

Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC)

(1) Policy, Plans and Measures

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Stockholm Convention on Persistent Organic Pollutants (POPs)

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

Policy Framework of Open-burning Control and Transboundary Haze Pollution Management

Policy Framework of Green Procurement for Environmental Friendly Products and Services

The Enhancement of Environmental Laws and Regulations

(1) Policy, Plans and Measures

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Pollution Management at Map Ta Phut in RayongPollution Control Area

Transboundary Haze Pollution in 8 Northern Provincial Areas

Water Quality Problems in Priority River Basins

Air Pollution and Noise Management in Urban and Industrial Areas

(2) Area –based Management

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Capacity Building of Local Administration Organizations for Central Wastewater Treatment/ Facility/Management/Municipal and Hazardous Waste Management in Communal Areas

Environmental Inspection and Law Enforcement

Pollution Problem Complaints

(2) Area –based Management

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PCD’s Region Environment Offices : 16 Offices

Pollution control officials and other competent officials

Environmental standards, inspections and enforcement

Pollution Problem Complaints

(3) Local Administration

5. Enforcement Challenges in the Rapid Economic Development

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Policy: sustainable development, environmental sustainability, environmental health, environmental trade, green procurement, sustainable consumption and production (SCP)

Technology: clean technology, green production and services, monitoring network, environmental models, pollution control devices, environmental rehabilitation, 3Rs,

Economic: polluter pays principle, pollution taxes, environmental charges, product charges, emission trading, carbon credits, liability insurances, environmental fines

Key Challenges

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Administration: law & regulation amendment, carrying capacity, integrated management, clustering, green government, municipal decentralization, public information, public participation

Support: research and development, capacity building, technological transfer, best practices, international collaboration and cooperation

Key Challenges

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6. Dialogue Opportunities with Multi-National Corporations Regional Asia Pacific Health, Safety & Environmental Leaders on such Program

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Green Procurement

Sustainable Consumption & Production (SCP)

Cooperate Social Responsibility (CSR)

International Cooperation & Collaboration

Public Participation (PP)

The Way Forward

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Area-based Pollution Control and Management

80/20 Pollution Trade at Map Ta Phut in Rayong Pollution Control Area

Environmental Fund

Environmental Tax Reform

Environmental Sustainable Development

The Way Forward

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Website: WWW.PCD.GO.TH

For more information:

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Thank You

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