Original language

Thai

Country
Thailand
Date of text
Type of court
National - higher court
Reference number
165/2562
Tagging
Environmental Impact Assessments, Administrative, Precaution, Damages
Abstract

The plaintiff brought a lawsuit against the Director of the Marine Department and the Industrial Estate Authority of Thailand due to a construction land reclamation under the Map Ta Phut phase 2 construction project. The request to the Supreme Administrative Court asked to revoke the license of this project because it violated the law by starting the project before any approval and did not comply with the regulation of the Environmental Impact Assessment to which indicated precaution measure for the impact to the ecosystem. The license later, the Marine Department granted, was unlawful, and the Director of the Marine Department neglected to enforce the law.  The plaintiff claimed that the compensation the Industrial Estate Authority paid to the community surrounding the project was insufficient.

The Supreme Administrative Court ruled that the Marine Department and the Industrial Estate Authority were bound by the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 to have environmental impact assessment. Although the license granted was unlawful at first, the Industrial Estate Authority finally received the approval and continued the project until it fulfilled all the requirements. If the request to abolish this construction, it will again disturb the ecosystem and the investments. If later that land reclamation cause degradation for the ecology and the community surrounding, the Industrial Estate Authority was responsible for the damage and restoration and the Marine Department was responsible for the monitoring measure to ensure that process must reach the requirement according to the Navigation in the Thai Waters Act B.E. 2456 (1913).