Section 10
In order to prevent, remedy, extinguish or mitigate the emergency or danger of pollution envisaged by section 9, the Minister shall determine preventive measures and prepare a contingency plan to rectify the situation in advance.
Section 11
The Prime Minister and the Minister of Science, Technology and Environment shall have charge and control of the execution of this Act, insofar as it is concerned with their respective powers and duties conferred upon them under this Act.
The Minister of Science, Technology and Environment shall have the power to appoint pollution control officials and other competent officials, issue ministerial regulations prescribing fees not exceeding the rates attached hereto and prescribing other activities for the execution of this Act.
The Ministerial Regulations shall come into force upon their publication in the Government Gazette.
Chapter I National Environment Board
Section 12
There shall be a National Environment Board consisting of
- the Prime Minister as the Chairman,
- a Deputy Prime Minister designated by the Prime Minister as the first Vice Chairman
- the Minister of Science, Technology and Environment as the second Vice Chairman,
- the Minister of Defense,
- the Minister of Finance,
- the Minister of Agriculture and Cooperatives,
- the Minister of Transport and Communications,
- the Minister of Interior, the Minister of Education,
- the Minister of Public Health,
- the Minister of Industry,
- the Secretary-General of the National Economic and Social Development Board,
- the Secretary-General of the Board of Investment,
- the Director of the Bureau of the Budget as members ex officio and members qualified in environmental matters not more than eight persons of which no less than half shall be representatives from the private sector and the Permanent Secretary of the Ministry of Science, Technology and Environment as member and secretary.
- The appointment of qualified members shall be made by drawing from persons who are knowledgeable and known for their expertise, contributions and experiences in the matters concerning the enhancement and conservation of environmental quality.
Section 13
The National Environment Board shall have the power and duty as follows
(1 To submit policy and plan for enhancement and conservation of national environmental quality to the cabinet for approval.
(2) To prescribe environmental quality standards pursuant to section 32.
(3) To consider and give approval to the Environmental Quality Management Plan proposed by the Minister according to section 35.
(4) To consider and give approval to the Changwat Action Plan for environmental quality management according to section 37.
(5) To make recommendations to the cabinet in respect of financial, fiscal, taxation and investment promotion measures for the implementation of the policy and plan for enhancement and conservation of national environmental quality.
(6) To propose for amendment or improvement of laws relating to the enhancement and conservation of environmental quality to the cabinet.,
(7) To consider and give approval to the action plan for prevention and remedy of danger caused by contamination of pollutants or spread of pollution proposed by the Pollution Control Committee pursuant to section 53 (1).
(8) To consider and give approval to the setting of emission or effluent standards proposed by the Minister pursuant to section 55.
(9) To supervise, oversee and expedite the enactment of royal decrees and issuance of ministerial regulations, rules, local ordinances, notifications, bye-laws and orders which are necessary to ensure systematic operation of the laws relating to enhancement and conservation of environmental quality to the fullest extent possible.
(10) To submit opinion to the Prime Minister for his directions in case it appears that any government agency or state enterprise infringes or refrains from complying with the laws and regulations for environmental protection which may cause extensive damage to the environment.
(11) To specify measures for the strengthening and fostering of co-operation and co-ordination among government agencies, state enterprises and the private sector in matters concerning the promotion and conservation of environmental quality.
(12) To supervise the Fund management and administration.
(13) To submit reports on national environmental quality situation to the cabinet at least once year.
(14) To perform other functions as may be provided by this Act or other laws to be within the authority of the National Environment Board.
Section 14
A qualified member appointed by the cabinet shall hold office for a term of three years and may be re-appointed for a period of not more than one consecutive term.
In case an additional appointment of qualified member is made during the term of those members who have already been appointed to hold office, the term of additional membership shall be equal to the remainder of the term of those members who have already been appointed before.
Section 15
In addition to the expiration of the term of office according to section 14, a qualified member appointed by the cabinet shall vacate office upon
(1) death;
(2) resignation;
(3) being a bankrupt;
(4) being an incompetent or quasi-incompetent person;
(5) being punished by a final judgment to a term of imprisonment except for an offence committed through negligence or a petty offence.
(6) Being dismissed by the cabinet for incompetence or misconduct or having vested interests in any activity or business that may have a direct impact on or adversely affect the environmental quality.
When a qualified member vacates office before the expiration of his term of office, the cabinet may appoint another person to fill the vacancy and such person shall hold office only for the remaining term of his predecessor.
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