Filing a case to the court under preceding paragraph shall not cause disruption to the occupancy or the use of real property or the execution of work of the competent officer under Section 16 or Section 19.

In the event that the court has passed a decision in favor of an increase in the amount of compensation, the owner or the occupant of, or the person who holds other rights over the property, shall be entitled to a maximum rate of interest on a fixed deposit account of the Government Savings Bank for such increment. This shall take effect as of the date that such amount of compensation is paid, placed, or deposited.

In the event that the owner or the occupant of, or the person who holds other rights over the property has consented to, and already received the amount of compensation, or has not filed a case to the court within the limit of time under the first paragraph, or has, in writing, forfeited the right to such compensation, no claim for compensation shall be made again by anyone.

Section 24 Determination of a particular type, volume and process production or mode of utilization of energy as being regulated energy shall be made into decrees.

Section 25 No one shall be allowed to produce, or expand the production of regulated energy unless a license is granted by the Department of Energy Development and Promotion.

Application for and granting of a license shall be in accordance with the criteria and procedures prescribed in the Ministerial Regulations.

For production of any regulated energy for which permission or concessions under other laws is required, such permission or concession must also be obtained.

Section 26 In prescribing the criteria and procedures in the Ministerial Regulations under Section 25, consideration shall be given to the following factors: Effect on the environment, economy and national security. Potential danger that might be caused by production of energy or expansion of such production. Knowledgeable use of raw materials or natural materials.

Section 27 The Department of Energy Development and Promotion shall consider the applications for licenses under Section 25 and such consideration shall be finalized within one hundred and twenty days as of the date the Department of Energy Development and Promotion receives the application with correct and complete details as prescribed in the Ministerial Regulations.

In granting a license, the Department of Energy Development and Promotion may prescribe the following conditions :
(1) The highest possible rates of compensation as may be demanded from users of regulated energy that is in line with the criteria and conditions set forth by the National Energy Policy Council.
(2) Specific area for energy distribution and sizes of machinery to be installed for production process.
(3) Knowledgeable and correct performance on such works such as installation of energy lines, fire protection systems, safety precaution for damage of machinery, safety precaution measures, or classifications of or procedures for use of raw materials or natural materials in production of regulated energy.

Section 28 In the event of periodic shortage of regulated energy, or of other necessities that shall be of benefit to the economy of the country, the Director – General shall have the authority to give written orders to producers of regulated energy to :

(1) Decrease or increase the production, distribution, or utilization of regulated energy.
(2) Change the kinds of raw materials or natural materials used in producing regulated energy.
(3) Change the highest possible rates of compensation that may be demanded from producers of regulated energy.

Section 29 For the sake of elimination or prevention of possible hazards to any person, or property, or health of the public, or to national security, the Director – General shall have the authority to give orders in writing for producers of regulated energy to :

(1) Change, repair, or renovate building(s), machinery, equipment, and tools.
(2) Provide or construct any structure that shall eliminate or prevent hazards.
(3) Stop production, transmission, utilization or distribution of regulated energy temporarily until proper actions under Order (1) or (2) have been taken.

Section 30 In the execution of its authority under Section 28 or Section 29, the Department of Energy Development and Promotion shall take into account the additional expenses to be incurred or the ability to raise funds of the producers of regulated energy.

The Department of Energy Development and Promotion may help in seeking financial assistance to enable producers of regulated energy to comply with the orders.

Section 31 In the event that a person who is not granted a license under Section 25, or who is granted a license with conditions under section 27, or who has been given orders under Section 28 or Section 29, finds it unacceptable, having not been granted a license, or conditions, or orders as such, he/she shall have the right to appeal to the Minister within 30 days of date of acknowledgment that the license is not granted, or granted under certain conditions, or of the date of receipt of such orders.

The Minister shall pass the decision on the said appeal within 90 days of date of receipt of such appeal. If the appellant does not agree to the decision made on the said appeal, he/she should file a case to the court within forty-five days of the date of being informed of such decision.

Section 32 Any action by any person which may be an obstruction to production of regulated energy, or which may diminish the production of regulated energy without justification, shall be prohibited.

Section 33 Whoever obstructs or fails to facilitate the competent officer who is executing his duties under Sections 11, 14, 16, 17, 19 or 21 shall be punished with imprisonment of not exceeding one month or a fine of not exceeding one thousand Baht, or both.

Section 34 Whoever violates Section 25 shall be punished with imprisonment of not exceeding two years or a fine of not exceeding twenty thousand Baht, or both.

Section 35 Whoever fails to comply with the orders issued by the Director-General under Section 28 or Section 29 shall be punished with imprisonment of not exceeding one year or a fine of not exceeding ten thousand Baht, or both.

Section 36 Whoever violates section 32 shall be punished with imprisonment of not exceeding one year or a fine
of not exceeding ten thousand Baht, or both.

Section 37 For the proceeding of a case under this Act, the Public Prosecutor shall have authority to ask the Court to order the offender to comply with the duties as stated in the provisions of this Act.

Section 38 Whatever matters that are under the authority and duties of the National Energy Committee and actions have been taken under the National Energy Act, B.E. 2496 (1953) before this Act comes into effect, but such actions are not yet completed, or in the event that there are pending commitments to carry on, the Minister shall have the authority to consider such matters and give directives on behalf of the National Energy Committee.

Section 39 Other Decrees, Ministerial Regulations or Orders issued under the National Energy Act, B.E. 2496 (1953), that have been enforced before or on the date that this Act shall come into effect, shall continue to be enforced in so far as they are not contrary to or inconsistent with the provisions of this Act until new Decrees, Ministerial Regulations, Regulations or Orders under this Act take effect, but not exceeding one year after the date of enforcement of this Act.

Section 40 Permission or license granted under the National Energy Act B.E. 2496 (1953), before or on the date this Act takes effect, shall be valid until the expiry of such permission or license.

Section 41 The Minister of Science, Technology and Energy shall have the care and charge of this Act, and the authority to issue Ministerial Regulations or to prescribe other activities for the purpose of execution of this Act.

The Ministerial Regulations shall take effect after its publication in the Royal Gazette.

Countersigned by

Mr. Anand Panyarachun
Prime Minister

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