Guidelines for establishing laws to allow private sectors to monitor and inspect the implementation of environmental impact assessments

Abstract

          This thesis aims to study the guidelines for establishing laws to allow private sectors to monitor and inspect the implementation of environmental impact assessments. This thesis focuses on analyzing the provisions of the National Environmental Quality Promotion and Conservation Act, B.E. 2535 (1992) and its amendment (No. 2) B.E. 2561 (2018), as well as relevant ministerial regulations and announcements of the Ministry of Natural Resources and Environment, to identify appropriate guidelines for allowing private sectors to monitor and inspect the implementation of environmental impact assessments, including the determination of qualifications, and prohibited characteristics and penalties for false audit reports. This approach aims to promote public environmental participation and contribute to environmental conservation.

          From the study, it was found that current laws stipulate private sector participation in environmental promotion activities. These private sectors have environmental role and clear objectives in operation. However, there is lacking of private sector agencies having responsibility of monitoring and inspecting environmental impact assessments at various stages after project approval. Based on the Factory Act, B.E. 2535 (1992) and its amendment (No. 2) B.E. 2562 (2019), the guidelines for private sector auditors can be used as a guideline for determining to have the private sector monitoring and inspecting environmental impact assessments. 

          Furthermore, the determination of qualifications for person doing this duty should include qualifications and prohibited characteristics to screen for appropriate personnel, taking into account their capabilities, suitability for the project, including specific penalties for false reports or the solicitation of benefits from project operators, is required to ensure efficient operations.

            Recommendations from the study, the researcher suggests that the Ministry of Natural Resources should promulgate regulations to register private sectors to monitor and inspect the implementation of environmental impact reports, including stipulating qualifications and prohibited characteristics. Furthermore, it is proposed to amend National Environmental Quality Promotion and Conservation Act, B.E. 2535 (1992) to impose penalties on those who prepare false reports.