24 February 2010

NATIONAL PARK ACT,
B.E. 2504

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BHUMIBOL ADULYADEJ, REX.

Given on the 22nd day of September, B.E. 2504;

Being the 16th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that;

Whereas it is expedient to have a law on national park ;

Be it, therefore, enacted by the King, by and with the advice and consent of the Constituent Assembly acting as the National Assembly, as follows:       

Section 1. This Act shall be called the “National Park Act, B.E. 2504”       

Section 2. This Act shall come into force as and from the day following the date of its publication in the Government Gazette.       

Section 3. All other laws, rule and regulations in so far as they are already provided by this Act, of are contrary to or inconsistent with the provisions of this Act shall be replaced by this Act.       

Section 4. In this Act:

       (1) “Land” means surface of land in general, and includes mountain, creek, swamp, canal, marsh, basin, waterway, lake, island and seashore;
        (2) “National park” means the land which is determined as national park under this Act:
        (3) “Woody plant” includes all kinds of plants which are trees, brushwoods or creepers, including all parts thereof:
        (4) “Animal” means all kinds of animals including all parts thereof, and things obtained from or produced by the animals;
        (5) “Competent official” means the person appointed by the Minister for the execution of this Act;
        (6) “Director-General” means the Director-General of the Forestry Department;
        (7) “Minister” means the Minister who takes charge and control for the execution of this Act.       

Section 5. The Minister of Agriculture shall take charge and control for the execution of this Act, and shall have the power to appoint competent officials and to issue Ministerial Regulations for the execution of this Act.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

CHAPTER 1
Determination of Land to be National Park

Section 6. When it is deemed appropriate to determine any area of land, the natural features of which are of interest and to be maintained with a view to preserving it for the benefit of public education and pleasure, the Government shall have the power to do so by a Royal Decree, A map showing the boundary lines of the determined area shall be annexed to such Royal Decree. The determined area shall be called the “National Park.”

The land to be determined as national park must not be owned or legally possesed by any person other than public body.       

Section 7. The extension or the cancellation for the whole or a part of the national park shall be made by a Royal Decree. In case of cancellation not for the whole of the national park, a map showing the changing area shall be annexed to the Royal Decree.

Section 8. The competent official shall provide the boundary posts and signs or other marks sufficiently for enabling the public to know the boundary of the national park.

 CHAPTER 2
National Park Committee

Section 9. There shall be a committee called the “National Park Committee” consisting of the Under-Secretary of State for Agriculture as chairman, Director-General of the Forestry Department, representative of the Department of Interior, representative of the Land Department, and other members not more than eleven in number appointed by the Cabinet.

Section 10. The member appointed by the Cabinet holds office for a term of two years.        The retired member may be reappointed.

Section 11. Apart from retirement on account of expiration of the term of office under Section 10, the member vacates his office upon :
        (1) death;
        (2) resignation;
        (3) being removed by the Cabinet;
        (4) being incompetent or quasi-incompetent;
        (5) being imprisoned by a final judgment, except for a petty offence or offence committed through negligence.

When a member vacates his office before the expiration of the term of office, the Cabinet may appoint another person to fill the vacancy.       

The member appointed under the preceding paragraph remains in office only for the term of office of the person he replaces.       

Section 12. At the meeting of the committee, of the chairman does not attend it or is absent therefrom, the committee shall elect one of its members to preside over the meeting.       

Any decision of the meeting shall be taken by a majority of votes.       

In voting, each member shall have one vote. In case of a tie, the presiding chairman shall have an additional vote as casting-vote.       

Section 13. At every meeting there must be an attendance of not less than one half of the total members in order to constitute a quorum.

Section 14. The committee may appoint a subcommittee to consider or perform any activity as assigned by it,

Section 15. The committee has the duty to give advice to the Minister in the following matters :
        (1) Determination of land to be reserved as national park and extension or cancellation of the national park;
        (2) Protection and maintenance of the national park;
        (3) Matters consulted by the Minister

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