The Problem of Screening for Environmental Impact Assessment in Thailand
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Abstract
The screening is the beginning and crucial step in the environmental impact assessment process, because it is the stage that involves deciding whether a proposed project or activity is subject to an environmental impact assessment before developing regarding protecting and mitigating the impacts on the environment. In general, the approaches for screening are categorised into two main approaches: project lists and case-by-case approach. This research observes that the screening process in Thailand is not limited to the listing approach, but it also allows to use the case-by-case consideration. Furthermore, the study found that there is an environmental impact assessment stipulated in various legal provisions, which causes the issues of ambiguity and a lack of standards in determining which projects or activities require an environmental impact assessment and the method to conduct an environmental impact assessment. Section 48 of the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992), moreover, indicates the broad discretion in considering the project list. Therefore, this research examines the scope of screening for environmental impact assessment, the characteristics of project screening, and the framework for exercising discretion in screening for environmental impact assessment in Thailand. The study also investigates the foreign provisions to observe the clear guidelines for the screening process in Thailand. From the study, this research proposes reviewing the consistency of the scope of environmental impact assessment across the different departments, stipulating the form of screening as well as providing the precise boundaries for screening on environmental impact assessment.
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