19 January 2010

Notification of Natural Resources and Environment Ministry

Re: The regulation of types and specifications of projects or businesses that require an environment impact assessment (EIA) including the principles, procedures, practices and guidelines of making an EIA report.

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According to the reformation of Public Service by establishing the Ministry of Natural Resources and Environment including the transfer of the duties of Ministry of Science and Technology relating to the Enhancement and Conservation of National Environmental Quality Act, B.E.2535 to the Ministry of Natural Resource and Environment, it is appropriate to amend the regulation of types and specifications of projects or businesses of Public Service, State or Private Enterprises that require an EIA according to the Notification of Ministry of Science and Technology.

            Under Section 46, Section 48, Section 49 and Section 51 of the Enhancement and Conservation of National Environmental Quality Act, B.E.2535 notice as follows:

            Article 1. Cancellation

            (1) Notification of Ministry of Science and Technology Re: The regulation of types and specifications of projects or business of Public Service, State or Private Enterprise that must report an EIA, issued on 24 August B.E.2535

            (2) Notification of Ministry of Science and Technology Re: The regulation of types and specifications of projects or businesses of Public Service, State or Private Enterprise that must report an EIA No.2 (B.E.2535), issued on 9 September B.E.2535

            (3) Notification of Ministry of Science and Technology Re: The regulation of types and specifications of projects or businesses of Public Service, State or Private Enterprise that must report an EIA No.3 (B.E.2539), issued on 22 January B.E.2539

            (4) Notification of Ministry of Science and Technology Re: The regulation of the principles, procedures, practices and guidelines of making an EIA, issued on 24 August B.E.2535

            (5) Notification of Ministry of Science and Technology Re: The regulation of the principles, procedures, practices and guidelines of making an EIA No.2 (B.E.2535), issued on 9 September B.E.2535

            (6) Notification of Ministry
of Science and Technology Re: The regulation of the principles, procedures, practices and guidelines of making an EIANo.3 (B.E.2539), issued on 22 January B.E.2539

            (7) Notification of Ministry of Science and Technology Re: The regulation of the principles, procedures, practices and guidelines of making and EIA No.4 (B.E.2543), issued on 19 June B.E.2543

            Article 2. In this notification

            “Building of Retail or Wholesale Business” means building according to the Building Control Act for doing retail or wholesale business of consumer goods; mostly for use in private daily routine.

            “Retail or Wholesale Business” means retail or wholesale business of consumer goods; mostly for use in private daily routine.

            “Retail” means doing business by selling small amounts consumer goods for customers.

            “Wholesale” means doing business by selling large amounts of consumer goods for buyers in order to continue selling or providing services to consumers.

            Article 3. The regulation of types and specifications of projects or businesses that require an EIA including the principles, procedures, practices and guidelines of making an EIA report is subject to annex 1. except the types and specifications of projects or businesses on No. 1.5 and 26.2 that are subject to annex 1. That must make an initial report.

            Article 4. The guidelines for making an EIA report or to report the beginning of an EIA is subject to annex 2.

            EIA reports or to report the beginning of an EIA must be done by an educated, licensed environment expert.

            Article 5. Using article 3. to enforce the expansion of a project or business an  EIA report must be made or the beginning of an EIA must be made by mutatis mutandis.

            Article 6. A project or business according to Article 1. (1) (2) or (3) that submits an EIA report before this Notification is forced must follow the principles, procedures, practices and guidelines of making EIA report according to Notification Article No.1 (4) (5) (6) or (7) until the EIA expert committee makes an resolution.

            Article 7. This Notification shall come into force after 120 days following the date of its publication in the Government Gazette.

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