Thailand’s Public Consultation Law:
Opening the Door to Public Information Access and Participation

Pakorn Nilprapunt
Director of Law Reform Division, Office of the Council of State, Thailand.

             Section 14. A State agency shall, before granting permission to, or making decision on, the carrying out of a project or activity which may affect the quality of environment, health, sanitary condition, the quality of life or any other material interest of individual or a local community, disclose information, explanation and justification of the project or activity to the affected person and shall consult therewith.

             The carrying out of duty under paragraph one shall comply with the provisions of this Act, except where otherwise is required by specific legislation.

             The result of consultation shall be taken into consideration of a State agency in granting permission to, or making decision on, the carrying out of a project or activity. In this regards, the granted permission or decision shall have no such impact as prescribed in paragraph one, except where there is necessary to grant permission or make decision irrespective of such impact for the benefit of the country or public at large, and preventive or remedy measure for damage caused by such impact has been established.

             The provisions of this Act shall not apply to any project or activity approved by the Council of Ministers that it shall be carry out without delay for maintaining security of the State, national benefit or public interest.

             Section 15. A State agency shall comply with Section 14 paragraph one where:
             (1) public consultation is required by law;
             (2) environmental impact assessment is required by law;
             (3) such project or activity possess characteristic or scope as specified by the Ministerial Regulations.

             If the Council of Ministers, the Prime Minister, or the Minister having charge and control of the execution of a State agency thinks it is appropriate to consult with person affected by a project or activity apart from those specified under paragraph one, the State agency shall comply with the provisions of this Act.

             The group of affected persons may altogether lodge the request to the Committee or entrusted subcommittee in order to order State agencies concerned to carry out consultation under this Act if they deem that the granting of permission to, or making of decision on, the carrying out of a project or activity of a State agency has impact as prescribed in section 14 paragraph one to their community. The rules and procedure on lodging a request shall be specified by the Committee.

             Section 16. Information about project or activity to be given to public are as follow:
             (1) substantial matters of the operation;
             (2) place, method, process and operation period;
             (3) justification;
             (4) good and bad impact, including remedy measure;
             (5) cost-benefit relationship analysis after having considered impact under (4);
             (6) other information on nature of the operation.
             The Committee shall have the power to provide guideline or recommendation on giving information under paragraph one.

             Section 17. In making consultation, one or more methods shall be selected from the followings by a State agency after having considered the nature of project or activity and the understanding and acknowledgement of affected person:
             (1) individual interview ;
             (2) consultation via television;
             (3) survey;
             (4) submitting opinion via information technology;
             (5) information exchange;
             (6) informal meeting;
             (7) small group discussion;
             (8) workshop conference;
             (9) advisory meeting;
             (10) public debate;
             (11) public participation;
             (12) other methods as specified by the Ministerial Regulations.
             The rules and procedure for each consultation method under paragraph one shall be notified by the Committee.

             Section 18. Before considering a project or activity under Section 14, a State agency shall determine appropriate methods for consultation under Section 17 in order to give information and to hear preliminary opinion of affected person.
             Notification on consultation made by the State agency under paragraph one shall be notified at least within the operation area of the project or activity. Such notification shall contain information on consultation methods, duration, place and other sufficient information which enable affected person to understand and express his or her opinion. In this regards, the Committee may specify guideline to be complied with by a State Agency.
             A State agency shall inform the making of such notification to the Committee.
             A State agency shall organize consultation; but it may ask for an expert from the Committee.

             Section 19. After having consulted under Section 18, a State agency shall disclose the consultation result to public under the rules specified by the Committee.

             Section 20. A State agency shall take the consultation result made under Section 18 into its consideration. If a State agency deems that it is necessary to continue such project or activity and preventive and remedy measures for impact as proposed by affected person have been established or the affected person agree with such project or activity, such State agency shall notify to public the justification to grant permission to, or making decision on, the carrying out such project or activity.
             The notification under paragraph one shall specify date, time and place for objection. The objection period shall be reasonable, but not less than fifteen days. If there is no objection within such period, it shall be deemed that the consultation for such project or activity has been carried out.
             The objection shall specify the point of disagreement with reason.

             Section 21. If there is an objection under Section 20 paragraph two, a State agency shall organize a formal consultation.

             Section 22. The formal consultation shall be conducted as follows:
             (1) a State Agency shall ask the Chief Justice of the Administrative Court of First Instance having jurisdiction over the operation area of such project or activity to appoint experts from the list under Section 13 to be the Consultation Tribunal. A State agency shall also inform such implementation to the Committee;
             (2) the Consultation Tribunal shall gather all information concerning with such project or activity as well as objection so as to determine appropriate method for consultation. The consultation method shall be one or more of the methods as prescribed in Section 17;
             (3) the Consultation Tribunal shall notify consultation method to public. Such notification shall contain necessary information of the project or activity, consultation issue, representative of the affected person who made an objection, technical assistance for affected person, and consultation process;
             (4) after having consulted, the Consultation Tribunal shall propose a report on the result of consultation to the State agency and the Committee and shall disclose such report to public.
             The Committee shall have the power to notify rules on for formal consultation under paragraph one.

             Section 23. A State agency, after having received a report on the result of formal consultation, shall, before granting permission to or making decision on the carrying out of the project or activity, take such report, the necessity of the project or activity, preventive and remedy measures to manage impact, public interest, and appropriate alternatives into its consideration.

             Section 24. All charge incurred in the consultation process shall be paid by a person asking for permission or person having the right to carry out a project or activity. If a project or activity is carried out by the government, all incurred charge shall be responsible by a State agency responsible for such project or activity.
             All charge under paragraph one shall also include operation expense of the Consultation Tribunal at the rate determined by the Committee.

             Section 25. In the case where a State agency fails to provide an information under Section 16 or fails to conduct consultation under Section 18 or Section 21, the interested person shall have the right to file a motion to the Administrative Court so as to order such State agency to conduct in compliance with this Act.

             Countersigned by:
             ………………......
             Prime Minister