Problems of legal duties and powers of local administrative organizations in controlling and preventing environmental crimes related to forest resources

Abstract

The objectives of this study are as follows: (1) To study the legal limitations in controlling and preventing environmental crime related to forest resources by local administrative organizations. (2) To examine the legal authority and responsibilities in controlling and preventing environmental crime related to forest resources by local administrative organizations. (3) To explore approaches for amending laws to decentralize power for controlling and preventing environmental crime related to forest resources to local administrative organizations. Qualitative research involving the study of various documents and in-depth interviews with key informants was performed.

          The result indicates that the Act on the Establishment of Plans and Procedures for the Decentralization of Power to Local Administrative Organizations, B.E. 2542 (1999), Sections 16 and 17, do not delegate authority to local administrative organizations to ensure their duties in preventing and suppressing environmental crimes. This lack of decentralization makes it impossible to effectively carry out the control and prevention of environmental crimes. In contrast, under the legal framework of the Commonwealth of Australia, the Environment Protection and Biodiversity Conservation Act 1999 empowers local administrative organizations and local officials to prevent and penalize individuals who negatively impact natural resources within the jurisdiction of these organizations. Similarly, in the United States, particularly in the state of California, the law recognizes the authority of local governments to enforce environmental protection measures and manage natural resources effectively. According to the Resource Conservation and Recovery Act of 1976, local administrative organizations are empowered to work alongside state governments to prosecute individuals who violate or damage natural resources and the environment. This is done under the principle of responsibility to the local community. Therefore, amending the Act on the Establishment of Plans and Procedures for the Decentralization of Power to Local Administrative Organizations, B.E. 2542 (1999), Sections 16 and 17, is recommended to further ensure the delegation of power for controlling and preventing environmental crimes to local administrative organizations.