Guidelines on the solution of Application for a Mining Concession where is in a community”s source rock

Abstract

This research article aims to: (1) examine legal measures concerning community participation in the authorization of mining operations; (2) analyze problems related to community participation in the mining permit approval process under the minerals law; and (3) propose guidelines for amending and improving the Minerals Act B.E. 2560 (2017) and its related subordinate legislation.

The findings reveal that, under the Minerals Act B.E. 2560 (2017), applicants for mining licenses are required to strictly comply with all legal procedures governing the licensing process, regulatory supervision, monitoring and assessment of environmental and health impacts arising from mining activities, the organization of public hearings, and the authorization for land use. At each stage, applicants must comply with statutory requirements and ensure that local residents within the proposed mining area are given opportunities to participate by expressing their opinions through public consultation processes as prescribed by law.

The researcher proposes the following recommendations: (1) relevant government agencies should prepare clear, scientifically based information on mineral resource areas and conduct public hearings in a systematic manner; (2) issues concerning the definition of groups eligible to participate in public referenda should be clarified and amended; (3) the qualifications of community members entitled to participate in public hearings within mining license areas should be clearly defined and revised; and (4) where archaeological objects, fossils, minerals, or geological structures with distinctive physical characteristics are discovered within a proposed mining license area, the State should designate such areas as environmental protection zones and protected sites for archaeological heritage.