Analyzing the New Environmental and Health Impact Assessment Requirement of the Enhancement and Conservation of National Environment Quality Act (Version 2) B.E. 2561

Abstract

This article aims to analyze the new environmental and health impact assessment requirements of the Enhancement and Conservation of National Environmental Quality Act (version 2) B.E. 2561. The analysis result in the following conclusion: (1) The new law refers to a strategic environmental assessment (SEA) but does not include any details or requirements for putting it into practice. and at fact, there are no rules, regulations and guidelines relating to the entire new law at all. (2) The new law requires projects that may affect the environmental quality, natural resources and/or health of the community to be subject to a public participation process, however the new law does not include rules, procedures, practice or guidelines for organizing public hearings or other participation. (3) The new law incorporates previous law that allows certain projects to be approved before the environmental impact assessement has been completed. Specifically, article 49, paragraph 4 of the new law contains the same language of National Council for Peace and Order (NCPO) No. 9/2559 that exempts projects for transportation, irrigation, disaster prevention, hospitals, or residences which are urgently needed for the public interest. All of these provisions of the new law are against both national and international principles of environmental and health impact assessment.