Section 39
The Changwat Action Plan for environmental quality management to be given first priority for the consideration of the National Environment Board must propose an estimate of budgetary appropriation and allocation from the Fund for the construction or procurement for the acquisition of a central wastewater treatment plant or a central waste disposal facility pursuant to section 38 (2). In case any Changwat is not ready to take steps for the procurement and acquisition of the central wastewater treatment plant or the central waste disposal facility, it may instead propose a plan to promote private investment in the construction and operation of wastewater treatment or waste disposal facilities in order to make available of such services within its jurisdiction.

The Changwat Action Plan to be prepared according to the first paragraph with a request for budgetary appropriation and allocation from the Fund shall be accompanied by drawings, plans, specifications and an estimated price of the project for construction, installation, improvement, modification, repair, maintenance as well as the process and method for operation of the proposed central wastewater treatment plant or central waste disposal facility.

For the purpose of approving the Changwat Action Plan with a request for budgetary appropriation in accordance with the first paragraph, the Office of Environmental Policy and Planning shall be responsible for the gathering and analysis of the Changwat Action Plans for environmental quality management in order to make a proposal for annual budgets of the Office to be earmarked specifically for this purpose.

Section 40
In case the management of environmental quality in any matters will have to be carried out in an area adjoining the territorial jurisdictions of two or more provinces due to the geographical conditions or the characteristics of the natural ecosystems of that area, or for the purpose of a sound, systematic and proper management in accordance with the principle of integrated management of environmental quality and natural resources, the Governors of the relevant provinces shall jointly prepare the action plan mandatory required by section 37.

Section 41
In case any Changwat, which is mandatory required to prepare the action plan according to section 37, fails or is incapable to evolve such a plan, or has prepared and submitted the plan as required but failed to get the approval of the National Environment Board for any reason, the National Environment Board shall consider the nature of the problems encountered by that Changwat and evaluate whether its environmental quality is adversely affected to such an extent that any action is warrant to rectify the situation. If action is deemed necessary, the National Environment Board shall propose to the Prime Minister to issue an order directing the Ministry of Science, Technology and Environment to prepare the Changwat Action Plan on behalf of the Changwat in question.

Part 3 Conservation and Environmentally Protected Areas

Section 42
Protection and management of areas within the limits of national parks and wildlife reserves shall be in accordance with the Environmental Quality Management Plan effective by virtue of section 35 and governed by the laws related thereto.

Section 43
In case it appears that any area is characterized as watershed area, or characterized by unique natural ecosystems which are different from other areas in general, or naturally composed of fragile ecosystems which are sensitive and vulnerable to destruction or impacts of human activities, or worthy of being conserved due to its natural or aesthetic values or amenities, and such area is yet to be designated as a conservation area, the Minister shall, with the advice of the National Environment Board, be empowered to issue ministerial regulation designating such area as an environmentally protected area.

Section 44
In issuing the ministerial regulation pursuant to section 43, any one or more of the following protective measures shall be prescribed thereunder

(1) Land use prescriptions for preserving the natural conditions of such area or for preventing its natural ecosystems or its aesthetic values or amenities from being adversely impacted.
(2) Prohibition of any acts or activities that may be harmful or adversely affect or change the pristine state of the ecosystems of such area.
(3) Specifying types and sizes of projects or activities undertaken by government agencies, state enterprises or private entities, to be constructed or operated in such area, which shall have the legal duty to submit reports of environmental impact assessment.
(4) Determination of management approach and method specific to the management of such area including the scope of functions and responsibilities of relevant government agencies for the purpose of co-operation and co-ordination that are conducive to efficient performance of work towards the preservation of natural conditions or ecosystems or aesthetic values and amenities in such area.
(5) Prescriptions of any other protective measures which are deemed proper and suitable to the conditions of such area.

Section 45
In any area, despite having been designated as a conservation area, a master town and country plan area, a specific town and country plan area, a building control area, an industrial estate area pursuant to the governing laws related thereto, or designated as a pollution control area pursuant to this Act, but which nevertheless appears to have been adversely affected by environmental problems which assume a critical proportion to such an extent that an immediate action has become imperative and yet no action is taken by government agencies concerned to rectify the situation due to a lack of clear legal authorization or otherwise failure to do so, the Minister shall, with the approval of the National Environment Board, propose for a cabinet authorization to take any one or several protective measures provided by section 44, as necessary and appropriate, in order to control and solve the problems in such area.

When cabinet authorization is obtained as provided in the first paragraph, the Minister shall, by notification published in the Government Gazette, determine the limits of such area and prescribe in detail the protective measures and the duration for which such measures shall be effectively taken therein.

With the approval of the National Environment Board and the cabinet, the duration of effectiveness specified according to the second paragraph may be extended by notification published in the Government Gazette.

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