(Garuda Emblem) Notification of Ministry of Natural Resources and Environment

Transcription

1 (Garuda Emblem) Notification of Ministry of Natural Resources and Environment Subject: Type and Size of Project or Activity Required to Submit Environmental Impact Assessment Report; And Criteria, Procedure, Regulation and Guideline to Prepare Environmental Impact Assessment Report Whereas it deemed appropriate to amend the prescription of type and size of project or activity belongs to the government, state enterprise or private sector that is required to prepare the environmental impact assessment report, and criteria, procedure and regulation annexed with the Notification of Ministry of Natural Resources and Environment regarding type and size of project or activity required to submit environmental impact assessment report; and criteria, procedure, regulation and guideline to prepare environmental impact assessment report, dated 16 th June B.E (2009). By the virtue of the Article 46, 47, 48, 49 and 51 of the Enhancement and Conservation of National Environmental Quality Act B.E. 2535, amended by the Article 114 of the Royal Decree prescribing law amendment to be in compliance with a transfer of authority of the government sector in according to the Government Administrative Act B.E (2002), Minister of Natural Resource and Environment, by the approval of the National Environment board, therefore announces that: Article 1 Notification of Ministry of Natural Resources and Environment regarding type and size of project or activity required to submit environmental impact assessment report; and criteria, procedure, regulation and guideline to prepare environmental impact assessment report, dated 16 th June B.E (2009) shall be revoked. Article 2 In this Notification: Building for retail and wholesale business shall mean a building defined by the building control law that its purpose is for operating business on retailing or wholesaling of products consumed mainly in daily life or in household. Retail or wholesale business shall mean retail or wholesale of products consumed mainly in daily life or in household.

2 Retailing shall mean an operation of business that sells a product in small quantities to a consumer. Wholesaling shall mean an operation of business that sells a product in large quantities to a consumer for reselling. Main River Basin shall mean 25 river basins shown in the attachment 1 of this Notification. Sluice in the main river shall mean a construction built on the waterway with a movable gate for irrigating, stopping, or allowing water to flow, as details shown in the attachment 2 of this Notification. Article 3 Type and size of project or activity required to submit the environmental impact assessment report; and criteria, procedure and regulation shall be in compliance with the attachment 3 annexed with this Notification, except type and size of project or activity listed in 1.5 and specified in the attachment 3 that shall conduct the initial environmental examination. Article 4 Criteria, procedure, regulation and guideline to prepare the environmental impact assessment report or the initial environmental examination report shall be in compliance with the attachment 4 annexed with this Notification. Preparation of the environmental impact assessment report or the initial environmental examination shall be conducted by a person who is permitted as the expert on environmental impact assessment study. Article 5 A prescription in article 3 shall be applied mutatis mutandis for expansion phase of the project or activity required to submit the environmental impact assessment report or the initial environmental examination report. Article 6 Project or activity prescribed in the Notifications mentioned in article 1 that have already submitted the environmental impact assessment report before the enforcement of this Notification shall follow criteria, procedure, regulation and guideline of the environmental impact assessment report prescribed in the Notifications mentioned in article 1 until the expert review committee of the environmental impact assessment report has any other comments. Article 7 Project or activity prescribed in attachment 3 belonging to the government, state enterprise, or private sector which has been already required to prepare the environmental impact

3 assessment report as a project/activity that may cause severe impact to community in terms of environmental quality, natural resource and public health according to Notification of Ministry of Natural Resources and Environment regarding criteria, procedure, regulation and guideline to prepare environmental impact assessment report for a project or an activity that may cause severe impact to quality of environment, natural resources and health of a community; it shall solely execute in compliance with such Notification. Article 8 This Notification shall be effective a day following its publishing in the Government Gazette. Announced on the 24 th April B.E (2012) Signed (Preecha Rengsomboonsuk) Ministry of Natural Resources and Environment (This Notification was published in the Government Gazette No. 129, Special Part 97 Ngor, dated 20 th June 2012)

4 Attachment 1 25 Main River Basins in Thailand 1. Salawin river basin 2. Khong river basin 3. Kok river basin 4. Chi river basin 5. Moon river basin 6. Ping river basin 7. Wang river basin 8. Yom river basin 9. Nan river basin 10. Chao Phraya river basin 11. Sakaekrang river basin 12. Pasak river basin 13. Thachin river basin 14. Mae Klong river basin 15. Prachinburi river basin 16. Bangpakong river basin 17. Tonlesab river basin 18. Eastern coast river basin 19. Phetchaburi river basin 20. Western coast river basin 21. Eastern coast of the south region river basin 22. Tapi river basin 23. Songkhla lake river basin 24. Pattani river basin 25. Western coast of the south region river basin

5 Attachment 2 23 Main Rivers of Thailand 1. Yuam river 2. Songkram river 3. Kok river 4. Chi river 5. Moon river 6. Ping river 7. Wang river 8. Yom river 9. Nan river 10. Chao Phraya river 11. Sakaekrang river 12. Pasak river 13. Thachin river 14. Mae Klong river 15. Prachinburi river 16. Bangpakong river 17. Chantaburi river 18. Phetchaburi river 19. Pranburi river 20. Saiburi river 21. Tapi river 22. Pattani river 23. Trang river

6 Attachment 3 1. In case of project or activity of the government agency, state enterprise or a co-project with private sector that requires an approval from the cabinet, the environmental impact assessment report shall be submitted before the project or activity is submitted for approval to the cabinet. 2. In case of project or activity of the government agency or state enterprise that does not require to get an approval from the cabinet or in case of project or activity that is required to get permission from the government, the environmental impact assessment report shall be submitted according to the prescriptions in the following table. 3. In case of project or activity that is required to get permission from the government, the environmental impact assessment report shall be submitted according to the prescriptions in the following table.

7 No. Type of Project/Activity Size Criteria, Procedure, Regulation 1 Mining as defined by the Mineral Act 1.1 Mining as follows: Coal mining Potash mining Rock salt mining Limestone mining for cement Industry All types of metal ore mining Submit when applying for a concession Submit when applying for a concession Submit when applying for a concession Submit when applying for a concession Submit when applying for a concession 1.2 Underground mining 1.3 All mining projects located in the following areas: Watershed area class 1 by the cabinet resolution Submit when applying for a concession Submit when applying for a concession Reserved forest added by the cabinet resolution Wetland, internationally recognized Areas adjacent within 2 km. to ancient site, archeological site, historical site or historical park defined by laws related with historical site and object, artifact, and national museum, and world heritage site registered according to the world heritage convention. 1.4 Mining that uses explosives 1.5 Other mining projects according to The Mineral Act, except 1.1, 1.2, 1.3, Petroleum development 2.1 Petroleum exploration by geophysical Drilling 2.2 Petroleum production Submit when applying for a concession Submit when applying for a concession Submit when applying for a concession Submit when applying for a concession Submit when applying for a concession Submit when applying for an approval or permission from a competent office or an authority that grants a permit according to the petroleum law.

8 3. Petroleum and oil transportation via pipeline 4. Industrial estate as defined by the industrial estate laws; or other projects with similar features of industrial estate; or land development for industry project 5. Petrochemical industry having chemical process Production Capacity 100 ton/day Submit when applying for a license or for an approval from a competent office. Submit when applying for approval or permission of the project Submit when applying for permission for 6. Oil refinery Submit when applying for permission for 7. Natural gas separation or processing Submit when applying for permission for 8. Chlor-alkaline Industry using sodium chloride (NaCl) as raw material for production of sodium carbonate (Na 2 Co 3 ), sodium hydroxide (NaOH), hydro chloric Acid (HCl), chlorine (Cl 2 ), sodium hipo- chloride (NaOCl) and bleaching powder Production capacity of each or combined products 100 tons/day Submit when applying for permission for 9. Cement production Submit when applying for permission for 10. Pulp production Production 11. Pesticide Industry or industry producing active ingredient by chemical process 12. Chemical fertilizer industry by chemical process Capacity 50 tons/day Submit when applying for permission for Submit when applying for permission for Submit when applying for permission for

9 13. Sugar industry as follows: 13.1 producing raw sugar, white sugar, refined sugar 13.2 producing glucose, dextrose, fructose or others similar Production Capacity 20 tons/day 14. Iron or steel industry Production 15. Ore or metal smelting, other than iron and steel industry 16. Liquor, alcohol, including beer and wine production 16.1 Liquor and alcohol production Capacity 100 tons/day Production Capacity 50 tons/day 40,000 L/month (calculated at 28 degree) Submit when applying for permission for Submit when applying for permission for Submit when applying for permission for Submit when applying for permission for Submit when applying for permission for 16.2 Wine production 600,000 L/month Submit when applying for permission for 16.3 Beer production 600,000 L/month Submit when applying for permission for 17. Central waste treatment plant according to the factory act Submit when applying for permission for

10 18. Thermal power plant 10 MW Submit when applying for permission for 19. Expressway as defined by the Expressway and Rapid Transit Authority of Thailand Act or other projects alike 20. High way or road as defined by the highway act, passing through following areas: 20.1 Wildlife sanctuaries and wildlife non-hunting areas as defined by the wildlife conservation and protection act 20.2 National park as defined by the national park act 20.3 Watershed area class 2 approved by the Cabinet Resolution 20.4 Mangrove forests designated as the national forest reserve 20.5 Coastal area within 50 meters of high tide level 20.6 Area adjacent within 2 km. to the internationally recognized watershed area or world heritage site registered according to the world heritage convention Areas adjacent within 2 km. to ancient site, archeological site, historical site or historical park defined by laws related with historical site and object, artifact, and national museum. approval or permission approval or permission approval or permission approval or permission approval or permission 21. Mass transportation system by rail 22. Port Accommodation Capacity of

11 500 ton gross Ship; or port width 100 m.; or total port area 1,000 m Port for cruise and sport ship Accommodation of 50 ships; or 1,000 m Land reclamation 25. Construction or expansion of a construction onshore and offshore 25.1 Sea wall next to coastline 25.2 Groin, training jetty, training wall 25.3 Offshore breakwater 200 m. 26. Air transportation system 26.1 Construction or expansion of commercial airport or temporary take off and landing strip 26.2 Water airport 27. Building, as defined by the building control law, having located at or its purpose of utilization as follows: 27.1 Adjacent to river, sea, lake, beach, national park or historical park, which may cause impact to environmental quality of those areas 27.2 Building used for retail or wholesale business Runway 1,100 m. Height 23 m. or total floor area or individual floor of 10,000 m 2 Height 23 m. or total floor area or individual floor of 10,000 m 2 Submit when applying for establishment or permission of taking off and landing Submit when applying for a construction permit or when reporting to the local officer according to the building control law in case of not applying for a construction permit. Submit when applying for a construction permit or when reporting to the local officer according to the building control law in case of not applying for a

12 27.3 Office building Height 23 m. or total floor area or individual floor of 10,000 m 2 construction permit. Submit when applying for a construction permit or when reporting to the local officer according to the building control law in case of not applying for a construction permit. 28. Land development for residential or commercial purpose according to the land development law 29. Hospital or health facility according to the health facility law as follows: 29.1 Adjacent within 50 m. to river, seashore, lake or beach 29.2 Others not specified in land plots or area >100 rai in-patient beds 30 in-patient beds 60 Submit when applying for land development permit according to the land development law. Submit when applying for a construction permit or when reporting to the local officer according to the building control law in case of not applying for a construction permit. Submit when applying for a construction permit or when reporting to the local officer according to the building control law in case of not applying for a construction permit. 30. Hotel or resort as defined by the hotel law Room 80 or total areas 4,000 m 2 Submit when applying for a construction permit or when reporting to the local officer according to the building control law in case of not applying for a construction permit. 31. Residential building as defined by the building control law Room 80 or total areas 4,000 m 2 Submit when applying for a construction permit or when reporting to the local officer according to the building control law in case of not applying for a construction permit. 32. Irrigation Irrigated area 80,000 rai

13 33. All types of projects located in the areas approved by the Cabinet as watershed area class Inter-basin water diversion as follows: 34.1 Diversion across main river basins except in a disaster case or for national security, which is temporarily implemented International water diversion except in a disaster case or for national security, which is a temporarily implemented. 35. Sluice in the main river

14 The Attachment 3 A. Guideline for preparing the environmental impact assessment (EIA) report 1. Main element 1.1 Executive summary comprises the main following issues: Type and size of the project including all related activities Site of the project showing photos and map of the site showing environmental surroundings which may be affected from the project. Scale of map shall be 1: 50,000 or as appropriate Alternative options of the project site and the project implementation methodology (reasons and justifications) Report describing important impact to environment, mitigation and monitoring measure in compliance with a Sor Por 1 Form attached with this Notification. 1.2 Main report comprises the important following issues: Introduction: introducing background, objective and justification of the project, including objective, scope and methodology of the EIA report Site of the project: presenting photo and map of the site showing environmental surroundings which may be affected from the project. Scale of map shall be 1: 50,000 or as appropriate Project detail: describing a clear detail on overview of the project such as type and size of the project, project implementation methodology, or related activities, as well as layout of land utilization of the project showing in appropriate scale and direction Present environmental condition: describing detail and photos of natural resources and environment in both physical and biological aspects by classifying to capacity of rehabilitation and non-rehabilitation; human use value; quality of life value; as well as describing current problems around the site together with showing photos of surrounding area; and utilization of land around the site and other areas that may be affected from the project in short term and long term Evaluation of alternative option for implementing the project and evaluation of impact may cause by the project.

15 (1) Alternative option for implementing the project: the EIA report shall describe alternative option, which may be an option for the project site or the project implementation methodology. Every proposed option shall be in line with objective and shall describe reasons addressing to the project s goal and necessity either the project exists or non-exists. Mitigation measure shall be proposed in each option. The most suitable option and justification of the project shall be identified. (2) Evaluation of environmental impact: evaluation of environmental impact, both direct and indirect to natural resources and environment and to all values mentioned in 1.2.4, which is classified to rehabilitation and non-rehabilitation, caused by the project shall be conducted. Impact that maybe caused by each proposed option shall also be evaluated and compared Mitigation and compensation measure: detail of mitigation measure causing by and compensation measure in case of unavoidable damages shall be described Monitoring measure: environmental monitoring plan, which is technically and practically suitable for the project, shall be proposed. This monitoring plan will be used for the project s post monitoring and evaluation Table summarizing important impact to environment and mitigation measure EIA report shall be conducted on the basis of public participation, social environmental impact assessment, and health impact assessment. 2. Document to be submitted 2.1 Main report for not less than 15 copies 2.2 Executive summary for not less than 15 copies 2.3 Front cover and title page shall be in line with the EIA report format as shown in Sor Por 2 Form 2.4 Certified letter, as shown in Sor Por 3 Form 2.5 A copy of license as a legitimate person to conduct the EIA report 2.6 List of the EIA study team, as shown in Sor Por 5 Form 2.7 EIA report submission form, as shown in Sor Por 6 Form

16 B. Guideline for preparing the initial environmental evaluation (IEE) report 1. Main element 1.1 Introduction: introducing background, objective and justification of the project, including objective, scope and methodology of the EIA report. 1.2 Site of the project: photo and map of the site in appropriate scale showing environmental surroundings which may be affected from the project shall be shown. 1.3 Alternative options of the project site and the project implementation methodology (reasons and justifications) 1.4 Project detail: describing a clear detail on overview of the project such as type and size of the project, project implementation methodology, or related activities, as well as layout of land utilization of the project showing in appropriate scale and direction. 1.5 Present environmental condition: describing detail and photos of natural resources and environment in both physical and biological aspects by classifying to capacity of rehabilitation and non-rehabilitation; human use value; quality of life value; as well as describing current problems around the site together with showing photos of surrounding area; and utilization of land around the site and other areas that may be affected from the project in short term and long term. 1.6 Major environmental impact: evaluation of initial environmental impact of the project shall be conducted by focusing on significant impact that may directly cause by the project and indirect impact to natural resources and environment and all related values mentioned in Mitigation and compensation measure: detail of mitigation measure causing by 1.6 and compensation measure in case of unavoidable damages shall be described. 1.8 Environmental Quality monitoring measure: post-project environmental monitoring and evaluation plan shall be proposed. 1.9 Table summarizing important environmental impact and mitigation measure IEE report shall be conducted on the basis of public participation and social environmental impact assessment.

17 2. Document to be submitted 2.1 IEE report for not less than 15 copies 2.2 Front cover and title page shall be in line with the IEE report format as shown in Sor Por 7 Form 2.3 Certified letter, as shown in Sor Por 8 Form 2.4 List of the EIA study team, as shown in Sor Por 9 Form 2.5 A copy of license as a legitimate person to conduct the EIA report

18 Sor Por 1 Form Report Describing Important Impact to Environment, Mitigation and Monitoring Measure Environmental Important impact to Mitigation measure Monitoring and elements and values environment Inspection Physical resources Biological resources Human use value Quality of life value

19 Sor Por 2 Form Environmental Impact Assessment Report Name of the Project. Site of the Project... Project s Proponent... Address... Power of attorney ( ) The project s proponent hereby appoints.... as an attorney to submit the EIA report as evidence shown in the attached power of attorney. ( ) The project s owner does not give power of attorney to any person. Prepared by (Name of the legal entity that prepares this report)

20 Sor Por 3 Form Certified Letter Date..Month.Year This is to certified that.is responsible for preparing the environmental impact assessment report of the project for.. for the purpose of. according to the application number.. The experts and responsible person for preparing this EIA report are as follows: Expert.. Responsible person.... Signature Signature..... (.) (Position).. (Company seal)

21 Sor Por 5 Form List of the EIA Study Team Name/Education EIA Study Topic Current Office & Address Proportion of the responsible part to the whole EIA report (%) Signature

22 Sor Por 6 Form Reason of EIA report submission EIA Report Submission Form ( ) This project is required to conduct the EIA according to the Notification of Ministry of Natural Resources and Environment regarding Type and Size of Project or Activity Required to Submit Environmental Impact Assessment Report; And Criteria, Procedure, Regulation and Guideline to Prepare Environmental Impact Assessment Report. Type of the project is. ( ) This project is required to conduct the EIA due to the cabinet resolution on. Dated.( please attached related cabinet resolution and document) ( ) This project is required to conduct the EIA due to a requirement of Office of the Board of Investment ( ) Others (specified)... EIA commissioning date Permission of the project ( ) This EIA report is prepared to apply for permission from (please specify a competent office) according to the. Act,Article/category/section/no. ( ) This EIA report is prepared to apply for approval from the cabinet ( ) This project is not required to apply for permission from the government office and not required to get approval from the cabinet. ( ) Others (specified).. Status of the Project (you can select more than 1 choice) ( ) Pre-feasibility study ( ) On feasibility study ( ) Not construct yet

23 ( ) Being constructed (attach with photo specifying date of taking) ( ) Test running ( ) Start operation This status is reported on date.

24 Sor Por 7 Form Initial Environmental Examination Report Name of the Project. Site of the Project... Project s Proponent... Address... Power of attorney ( ) The project s proponent hereby appoints.... as an attorney to submit the IEE report as evidence shown in the attached power of attorney. ( ) The project s owner does not give power of attorney to any person. Prepared by (Name of the legal entity that prepares this report)

25 Sor Por 8 Form Certified Letter Date..Month.Year This is to certified that.is responsible for preparing the initial environmental examination report of the project for.. for the purpose of. according to the application number.. The experts and responsible person for preparing this EIA report are as follows: Expert.. Responsible person.... Signature Signature..... (.) (Position).. (Company seal)

26 Sor Por 9 Form List of the IEE Study Team Name/Education IEE Study Topic Current Office & Address Proportion of the responsible part to the whole EIA report (%) Signature