Forests Act (No.8), B.E. 2562 (2019)

FORESTS ACT (NO.8), B.E. 2562 (2019) HIS MAJESTY KING MAHA VAJIRALONGKORN BODINDRADEBAYAVARANGKUN; Given on the 15th April B.E. 2562; Being the 4th Year of the Present Reign. His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun is graciously pleased to proclaim that: Whereas it is expedient to revise the law on Forests; Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly serving as the National Assembly, as follows: Section 1 This Act is called the “Forests Act (No.8), B.E. 2562 (2019)” Section 21 This Act comes into force as from the day following the date of its publication in the Government Gazette. Section 3 The provisions of section 4 (5) of the Forests Act B.E.2484 amended by Head of National Council for Peace and Order Command No.31/2559, the amendment of the law on Forests, signed on 21st of June B.E. 2559, shall be repealed and replaced by the following: “(5) “Logging” means cutting, slicing, pruning, felling, cropping, sawing, grazing, slashing, digging, hauling wood in a forest, or taking wood out of the forest for any purposes. Section 4 The provisions of section 7 of the Forests Act B.E. 2484 amended by National Council for Peace and Order Announcement No.106/2557, the amendment of the law on Forests, signed on 21st of July B.E. 2557, shall be repealed and replaced by the following: “Section 7 The types of prohibited wood that grown in a forest, are to be prescribed by a Royal Decree. All types of wood that grown in private land that has title document showing ownership or possessory right according to Land Code, are not prohibited wood. The wood that grown by human in public land that allowed to utilize, according to the type of title document that the Minister proclaimed with the approval of the Cabinet, shall be deemed not prohibited wood.” 1 Published in Government Gazette, Vol. 136, Part 50a, dated 16th April B.E. 2562 (2019). DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. ROYAL FOREST DEPARTMENT SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. 2 Section 5 The provisions of section 14bis of the Forests Act B.E. 2484 amended by Head of National Council for Peace and Order Command No.31/2559, the amendment of the law on Forests, signed on 21st of June B.E. 2559, shall be repealed. Section 6 The following provisions shall be added as Part 2/1 Certification of wood, section 18/1 section 18/2 and section 18/3 Chapter 1 Logging and Collecting Forest Products of the Forests Act B.E. 2484 “Part 2/1 Certification of wood Section 18/1 In order to identify the source of wood, the owner of wood that grown in private land that has title document showing ownership or possessory right according to Land Code or the owner of wood that grown by human in public land that allowed to utilize, according to the type of title document that the Minister proclaimed with the approval of the Cabinet can inform the competent authority to issue the letter of certification of wood. The way of informing the competent authority and issuing the letter of certification of wood, shall be prescribed by Regulation that Director General of Royal Forest Department proclaimed with the approval of the Minister. Section 18/2 A person who wants Letter of Certification for Trade or Export of Timber, Wood Products and Charcoal can inform the competent authority to issue the letter of certification of wood and pay for expenses as prescribed by Royal Forest Department. The way of informing the competent authority, issuing the Letter of Certification for Trade or Export of Timber, Wood Products and Charcoal and the rates of expenses shall be prescribed by Regulation that Director General of Royal Forest Department proclaimed with the approval of the Minister. Section 18/3 The issuance of the Letter of Certification under section 18/1 or section 18/2, Royal Forest Department will allow institutes or other organizations to perform duty instead. The principle, method and condition are prescribed by Regulation that Director General of Royal Forest Department proclaimed. In this regard, it is deemed that the officer of the institutes or other organizations that perform the duty instead of the competent authority is the public officer of the Criminal Code only in the part that relevant performing duty. DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. ROYAL FOREST DEPARTMENT SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. 3 Section 7 The provisions of section 25 of the Forests Act B.E.2484 amended by the Forests Act (No.5) B.E. 2518, shall be repealed and replaced by the following: “Section 25 A person who takes non-prohibited wood pass a forest checkpoint must pay a fee as per the rate prescribed by the Minister except if it is for his or her personal use within a local area of a province where logging occurs or takes wood that grown by human in public land that allowed to utilize, according to the type of title document that the Minister proclaimed with the approval of the cabinet under section 7 paragraph 1 pass a forest checkpoint for personal use is not subject to a fee.” Section 8 The following provisions shall be added as (6) of section 51 of the Forests Act B.E. 2484 amended by the Forests Act (No.5) B.E. 2518 “(6) Wood with the letter of certification of wood under section 18/1 and section 18/2 or wood with evidence showing acquired legally” Section 9 Teak, Yang, Ching-Chun, Ked-Daeng, E-mang, Payoong-Klap, Sapwood, Jeen-daeng, Kha-Yoong, Chik, Kra-Sik, Kra-Sib, Payoong, Mhark-Plu-Takka-Taen, Kra Pi-Khao-Kwai, Ked-Dum, E-Thao, and Ked-Khao-Kwai that grow in the forest, is the prohibited Wood Type A under the Forests Act B.E. 2484 until the Royal Decree issuing in accordance with section 7 of the Forests Act B.E. 2484 amended by this Act is enacted. Section 10 The issuance of Regulations under section 18/1 section 18/2 and section 18/3 of the Forests Act B.E. 2484 amended by this Act shall be completed within one year as from the date on which this Act comes into force. If their completion cannot be achieved, the Minister shall report the reasons therefor to the Cabinet for information. Section 11 The Minister of Natural Resources and Environment shall have charge and control of the execution of this Act. Countersigned by: General Prayut Chan-o-cha Prime Minister DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. ROYAL FOREST DEPARTMENT SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.