Environment Act: A Tool for Pollution Control. By: Araya Nuntapotidech Pollution Control Department Ministry of Natural Resources and Environment

Transcription

1 Environment Act: A Tool for Pollution Control By: Araya Nuntapotidech Pollution Control Department Ministry of Natural Resources and Environment 1

2 Outline 1. PCD Overview 2. Update of Thailand Environment Laws & Regulations since Current National Policies in Thailand 4. Solution of Environment Challenges in Thailand 5. Enforcement Challenges in the Rapid Economic Development 6. Dialogue Opportunities with Multi-National Corporations Regional Asia Pacific Health, Safety & Environmental Leaders on such Program 2

3 1. PCD Overview 3

4 Vision No Pollution in Thailand through pollution control, for good environment, for the people, by public participation 4

5 Accountability We are dedicated to working with transparency, equity, teamwork, for the benefit of the people. 5

6 2. Update of Thailand Environment Laws & Regulations since

7 Environmental Laws & Regulations 1. Constitution of the Kingdom of Thailand Factory Act Thai Industrial Standard Act Hazardous Substance Act Public Health Act Cleanness and Disciplinary Administration Act Municipal Decentralization Act Enhancement and Conservation of National Environmental Quality Act

8 Constitution of the Kingdom of Thailand 2007 (B.E. 2550) Human rights to preserve indigenous culture, and tradition and to manage sustainable natural resources, environment and biodiversity in the areas Human rights to conserve and protect natural resources and environment and biodiversity together with government and community for public health, welfare and quality of life Government rights to conserve, promote and protect natural resources and environment for sustainable development and well-being with public participation process Municipality rights to conserve, promote and control natural resources and environment in the areas with public participation process 8 8

9 Factory Act 1992 (B.E. 2535) Propose to classify, control and observe various industries by permissions, guidelines, management systems and compliances Result for country development and economic without affecting to the people and environment 9

10 Thai Industrial Standard Act 1968 (B.E. 2511) Propose to standardize a variety of industrial products and goods for importing and exporting with supporting green and clean technologies Result for protecting the impact to industries, economy, the people and social security 10

11 Hazardous Substance Act 1992 (B.E. 2535) Propose to suitably classify and control hazardous substances by enhancing permissions, guidelines, methodologies and management systems Result for protecting hazards to humans, faunas, floras, prosperities and environment 11

12 Public Health Act 1992 (B.E. 2535) Propose to provide and manage environmental health sanitation for communities by initiating standards, guidelines, measures and management systems Result for protecting and controlling well environmental health sanitation for well-being and quality of life 12

13 Cleanness and Disciplinary Administration Act 1992 (B.E. 2535) Propose to manage and control administrative policy and plan for Bangkok Metropolitan and municipalities Result for managing and protecting impacts to the public and humane security 13

14 Municipal Decentralization Act 1999 (B.E. 2542) Propose to decentralize responsibility and authority to localities and municipalities for planning, managing and solving problems in the areas Result for operating and controlling the communal management system for people health and life 14

15 Enhancement and Conservation of National Environmental Quality Act 1992 (B.E. 2535) Purpose to conserve, promote and control natural resources and environment for the country by using environmental policy, standards, guidelines and management Highlight the concept of Polluter Pays Principle 15

16 Enhancement and Conservation of National Environmental Quality Act 1992 (B.E. 2535) Strengthen public participation for discussing, observing and solving environmental problems Initiate Environmental Impact Assessment (EIA) and Heath Impact Assessment (HIA) for sustainable environment and development Announce Environmental Conservative Area and Pollution Control Area 16

17 The Environment Act Chapter 1 National Environment Board Chapter 2 Environmental Fund Chapter 3 Environmental Protection Part 1 Environmental Quality Standards Part 2 Environmental Quality Management Part 3 Conservation and Environmentally Protected Area Part 4 Environmental Impact Assessment

18 Chapter 4 Pollution Control Part 1 Pollution Control Committee Part 2 Emission or Effluent Standards Part 3 Pollution Control Area Part 4 Air and Noise Pollution Part 5 Water Pollution

19 Part 6 Other Pollution and Hazardous Waste Part 7 Monitoring, Inspection and Control Part 8 Service Fee and Penalty Chapter 5 Promotion Measures Chapter 6 Civil Liability Chapter 7 Penal Provision

20 The Environment Act: Mechanism and Tools - National Environment Board - Environmental Fund Committee - Environmental Quality Standards - Ambient Standards - Emission Standards

21 - Promotion Measures - Environmental Protected Areas and Pollution Control Areas - Environmental Impact Assessment - Service Fee and Penalty

22 Environmental Impact Assessment - Specify type and size of project activities are require to prepare environmental assessment report: 34 types and sizes requiring EIA 11 types and sizes requiring EHIA - provide procedures, rules, methods and guidelines for preparing environmental assessment report - Expert review committee - All mitigation measures proposed in EIA report shall stipulate as the conditions of permission or renewal

23 Project Requiring EIA Industrial estate, Commercial port and habour, Thermal power plant, Coastal reclamation, Hotel and Resort, Mining, Specific industrial projects ( Petrochemical, Oil refinery, Natural gas seperation, Cement, Iron and steel, Pulp industry, Pesticide Industry, Chemical fertilizer industry) etc. Project Requiring EHIA Land allocation, Mining, Industrial estate, Petrochemical industry, Mineral melting industry, Manufacturing, disposal or modification of radioactive substances, Project of aviation transportation system, Port, Dam or reservoir, Thermal power plant.

24 3. Current National Policies in Thailand 24

25 (1) Environmental Quality Management (EQM) Plan NEQA 1992 Long-Term Policy and Plan for the Enhancement and Conservation of the National Environmental Quality (Now 20-year policy covering ) Mid-Term EQM Plan (Now 5-year plan covering ) Short-Term (1-year) Provincial EQM Action Plan Nationallevel Act Nationallevel Policy Nationallevel Plan Provinciallevel Plan

26 EQM Plan : Six main strategies: 1. Sustainable Consumption and Production (SCP) 2. Conservation and Rehabilitation of Natural Resources 3. Environment and Governance 4. Environment and Quality of Life 5. Risk Management from Natural Disasters and Climate Change 6. Environmental Awareness

27 (2) Pollution Management Plan (B.E ) The Goal: To both protect the environmental quality for human-being and balance the ecosystem for natural conservation 27

28 6 Concepts and Principles 1. Mitigate and control pollution sources in the main sectors from the upstream through the end of pipe. 2. Manage the pollution at the area levels according to the problematic prioritization. 3. Encourage the local administration organizations to operate related to management of wastewater and municipal waste management. 28

29 6 Concepts and Principles 4.Apply the Polluter Pays Principle (PPP) and economic measures with incentive programs for heading to sustainable production and consumption (SCP). 5.Develop the unity of pollution management, regulations, plans and implementations, cooperated to all agencies. 6.Support public participation for all public sectors and stakeholders to protect and manage the pollution problems in area levels. 29

30 4. Solution of Environment Challenges in Thailand 30

31 PCD Landmarks 31

32 (1) Policy, Plans and Measures Pollution Management Plan (B.E ) Master Plan of Municipal Wastewater Management and Investment Master Plan of Municipal Waste Management and Investment Strategic Plan of Reduce, Reuse and Recycle (3Rs) Strategic Plan of Waste Management from Electrical and Electronic Equipments (WEEE) Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC) 32

33 (1) Policy, Plans and Measures Stockholm Convention on Persistent Organic Pollutants (POPs) Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Policy Framework of Open-burning Control and Transboundary Haze Pollution Management Policy Framework of Green Procurement for Environmental Friendly Products and Services The Enhancement of Environmental Laws and Regulations 33

34 (2) Area based Management Pollution Management at Map Ta Phut in Rayong Pollution Control Area Transboundary Haze Pollution in 8 Northern Provincial Areas Water Quality Problems in Priority River Basins Air Pollution and Noise Management in Urban and Industrial Areas 34

35 (2) Area based Management Capacity Building of Local Administration Organizations for Central Wastewater Treatment/ Facility/Management/Municipal and Hazardous Waste Management in Communal Areas Environmental Inspection and Law Enforcement Pollution Problem Complaints 35

36 (3) Local Administration PCD s Region Environment Offices : 16 Offices Pollution control officials and other competent officials Environmental standards, inspections and enforcement Pollution Problem Complaints 36

37 5. Enforcement Challenges in the Rapid Economic Development 37

38 Key Challenges Policy: sustainable development, environmental sustainability, environmental health, environmental trade, green procurement, sustainable consumption and production (SCP) Technology: clean technology, green production and services, monitoring network, environmental models, pollution control devices, environmental rehabilitation, 3Rs, Economic: polluter pays principle, pollution taxes, environmental charges, product charges, emission trading, carbon credits, liability insurances, environmental fines 38 38

39 Key Challenges Administration: law & regulation amendment, carrying capacity, integrated management, clustering, green government, municipal decentralization, public information, public participation Support: research and development, capacity building, technological transfer, best practices, international collaboration and cooperation 39 39

40 6. Dialogue Opportunities with Multi- National Corporations Regional Asia Pacific Health, Safety & Environmental Leaders on such Program 40

41 The Way Forward Green Procurement Sustainable Consumption & Production (SCP) Cooperate Social Responsibility (CSR) International Cooperation & Collaboration Public Participation (PP) 41 41

42 The Way Forward Area-based Pollution Control and Management 80/20 Pollution Trade at Map Ta Phut in Rayong Pollution Control Area Environmental Fund Environmental Tax Reform Environmental Sustainable Development 42 42

43 For more information: Website: 43

44 Thank You 44