Laws related to Environmental Health

Laws related to Environmental Health

By Mr. Aryudh Sakmangkorn (English translation by Sitthichoke Chaiwan) At Office of President Silpakorn University

Law related to Environment, Resources, and Health 1.

. .2550 56,57,66 "# 67 Kingdom of Thailand Law (2007) Section 56, 57, 66 and 67

- 56,57

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( ) %+ "%! ) # % % ' ' Section 56, 57: right to official information before starting a project or any act that has impact on environment, health, quality of life or any share-taking of local public

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" & & / " +% & & +! %" "& # - . % ' ' Section 66 community right to conserve and share part in managing, conserving, and use the resources sustainably. Especially Section 67 which give right to a citizen to workout with government to look after, protect and promote quality of environment to able to live without health harzards.

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# - . ' ' +! !:% & % Clause 2 of Section 67: a project which causes health harzards or has negative impact to environment can not be done, except it has been thoroughly studied (EIA, HIA) and also has been passing public hearing which composed of health agency, tertiary educating agency who teaches environment or health.

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% Health Act 2007 Section 10) states “If there (see also the National is any health dispute to public government agencies who has related information have to disclose the information and seek HIA ) Health Impact Assessment / %$

prevention immediately�

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So.. This complies to EIA and HIA

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National Health Promotion and Environmental Protection Act 1992 - Referred to Human Right conference in Stockholm 1972 and ThaiGovt adopted this resolution and implemented as this NHPEP1992

- this Act defines the terms environment, environmental quality, environmental quality standard, pollution and polluted environment in detail, also together with right and duty of a person related to the law

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Section 6: states on the right to environmental information disclosure, compensation, right to law action on a person/authority who causes the damage, cooperation from govt officers.

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" ' ' /0%" % Section 8: private sectors may be supported from govt in terms of information related to promoting moral on environment protection and conservation, researches or any initiative projects that protect the environment.

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Section 12: establish National Environment Committee which PM acts as a chairperson. PM has power and duty on many concerns i.e. implement a national policy of promoting and conserving the environment which will be agreed by the carbinet.

- Setup environment quality standards - this Act defines the pollution control, management protocol of a govt officer, check and control the source of pollution. It states legal responsibility and punishment.

- Related Govt agencies are Pollution Control Dept, Environmental Promotion Dept., Nation Environment Policy Office. All under the Ministry of Science and Tech. and Environment.

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, ' ' /0%" % National Health Act 2007 This law defines “Health� as a condition of human of being completed in body, mind, interlectual and social all related in balance.

National Health Committee Office is to regulate by law and is to setup a committee where PM or DPM chair the committee, having rights and duty to plan policy, strategic development of health nationally in order to proceed continuously. Establish regulation and followup related health promoting system assessment

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5 10 HIA Section 5: Establishment of right and duty of a person that “a person has a right to prolong a normal life in an environment condition that suitable for being healthy. Also he has a right to collabolate with govt agencies to maintain the condition.

Section 10: states “In case of an emerging of health harzard condition, related govt agencies has to disclose information that related to the incidents and also the way to prevent any causes that impact on public health and has to proceed as fast as it can.

These sections HIA

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Other related laws: For example: Factory Act, Thailand Industrial Estate Act, Science, Technology and Innovation Act, etc. And what is the most related to the curriculum is the Thailand Constitution: National Health Promotion and Envitionmental Protection Act 1992

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Regulations: related to collaboration to enforce environmental laws - in order to regulate the collabotion between agencies both govt and private sector therefore, the implementing of regulation by PM Office in section 11(8) of Govt National Management Act (1991) This regulation has definitions of environment, pollution, pollution sources etc. or of that similar to the National Health Promotion and Environmental Protection Act.

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Establish of a “Law Enforcement and Collaboration Committee� in order to - Collaborate between govt and private sectors in case of reported environmental incidents - Support Right Protection Office in order to assess the environmental reports and to assist private sectors to follow the regulation

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# Right Protection Office defines as an office that helps and protect a person in legal way. Under Attorney-General Office.

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Head of Safety Officer – an employee who supervise safety issues Executive Safefy Officer – an employee who regulates safety in management level and Safety Committee – a group of people which is needed to be established 30 days after having 50 employees or more. Comprises Executives, Employees, and Secretary

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: /P !"# ) % ( % %) % /0%" % - The setup of the Committee is to abide to the Labour and Safely Management Law, implemented since 21 June 2006 Mining, Petrochemical, Chemical, Biological etc. factories are under this law The Committee has rights to: regulate and train of using safety equipment, report any injuries, sickness, or accident related to work.

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Law related to Environmental Issues i.e. Maptapud, Rayong - In 1988, Maptapud Industrial Estate has be established following approval of Govt in order to develop Eastern Seaboard, supervised by Thailand Industrial Estate Authority (privatized under Ministry of Industry)

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% / ) - Local communities has claimed environmental issues continuously. The committee has worked out and established resolution for factories by controlling sewage, air and noise emission. Local communities are included in the committee.

- Later the Supreme Court has ordered to halt 76 projects in the Maptapud Industrial zones (pls. see detail in the Siam Chronicle for comparison)