Notification of Natural Resources and Environment Ministry Re: The regulation of types and specifications of projects or businesses that require an environment impact assessment (EIA)

Notification of Natural Resources and Environment Ministry Re: The regulation of types and specifications of projects or businesses that require an environment impact assessment (EIA) including the principles, procedures, practices and guidelines of making an EIA report. According to the reformation of Public Service by establishing the Ministry of Natural Resources and Environment including the transfer of the duties of Ministry of Science and Technology relating to the Enhancement and Conservation of National Environmental Quality Act, B.E.2535 to the Ministry of Natural Resource and Environment, it is appropriate to amend the regulation of types and specifications of projects or businesses of Public Service, State or Private Enterprises that require an EIA according to the Notification of Ministry of Science and Technology. Under Section 46, Section 48, Section 49 and Section 51 of the Enhancement and Conservation of National Environmental Quality Act, B.E.2535 notice as follows: Article 1. Cancellation (1) Notification of Ministry of Science and Technology Re: The regulation of types and specifications of projects or business of Public Service, State or Private Enterprise that must report an EIA, issued on 24 August B.E.2535 (2) Notification of Ministry of Science and Technology Re: The regulation of types and specifications of projects or businesses of Public Service, State or Private Enterprise that must report an EIA No.2 (B.E.2535), issued on 9 September B.E.2535 (3) Notification of Ministry of Science and Technology Re: The regulation of types and specifications of projects or businesses of Public Service, State or Private Enterprise that must report an EIA No.3 (B.E.2539), issued on 22 January B.E.2539 (4) Notification of Ministry of Science and Technology Re: The regulation of the principles, procedures, practices and guidelines of making an EIA, issued on 24 August B.E.2535 (5) Notification of Ministry of Science and Technology Re: The regulation of the principles, procedures, practices and guidelines of making an EIA No.2 (B.E.2535), issued on 9 September B.E.2535 (6) Notification of Ministry of Science and Technology Re: The regulation of the principles, procedures, practices and guidelines of making an EIANo.3 (B.E.2539), issued on 22 January B.E.2539 (7) Notification of Ministry of Science and Technology Re: The regulation of the principles, procedures, practices and guidelines of making and EIA No.4 (B.E.2543), issued on 19 June B.E.2543 Article 2. In this notification “Building of Retail or Wholesale Business” means building according to the Building Control Act for doing retail or wholesale business of consumer goods; mostly for use in private daily routine. “Retail or Wholesale Business” means retail or wholesale business of consumer goods; mostly for use in private daily routine. “Retail” means doing business by selling small amounts consumer goods for customers. “Wholesale” means doing business by selling large amounts of consumer goods for buyers in order to continue selling or providing services to consumers. Article 3. The regulation of types and specifications of projects or businesses that require an EIA including the principles, procedures, practices and guidelines of making an EIA report is subject to annex 1. except the types and specifications of projects or businesses on No. 1.5 and 26.2 that are subject to annex 1. That must make an initial report. Article 4. The guidelines for making an EIA report or to report the beginning of an EIA is subject to annex 2. EIA reports or to report the beginning of an EIA must be done by an educated, licensed environment expert. Article 5. Using article 3. to enforce the expansion of a project or business an EIA report must be made or the beginning of an EIA must be made by mutatis mutandis. Article 6. A project or business according to Article 1. (1) (2) or (3) that submits an EIA report before this Notification is forced must follow the principles, procedures, practices and guidelines of making EIA report according to Notification Article No.1 (4) (5) (6) or (7) until the EIA expert committee makes an resolution. Article 7. This Notification shall come into force after 120 days following the date of its publication in the Government Gazette. Annex 1 1. Projects or businesses of Public Service, State or Private Enterprises that must be submitted after the Cabinet’s resolution (Submit the report before submitting to the Cabinet). 2. Projects or businesses of Public Service, State Enterprise that must not necessarily be submitted after the Cabinet’s resolution. Submit the report during the procedure of applying for projects, approval for the budget or before construction. 3. Projects or business that must be approved from Public Service, report as per the following annex No. Types of Projects or Business Capacity Principle, procedure, practice 1. Mining according to the Minerals Act 1.1 Mining Projects as follow: 1.1.1 Coal Mining 1.1.2 Potash Mining 1.1.3 Stone salt Mining 1.1.4 Limestone Mining for Cement Industrial Enterprise 1.1.5 All Metal Mining 1.2 Underground Mining Projects 1.3 All kinds of Mining located as follows: 1.3.1 First-class quality basin of a river according to the Cabinet’s resolution 1.3.2 Sea 1.3.3 Conservation Forest addition by the Cabinet’s resolution 1.3.4 Ground water that important between countries 1.3.5 Land located near ancient remains, old tale, history or a historical national park All All All All All All All All All Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat 1.4 Mining projects using explosive materials 1.5 Other mining projects according to the Minerals Act except 1.1, 1.2, 1.3 and 1.4 All All All All Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat Submit on the procedure of applying for Prathanabat No. Types of Projects or Business Capacity Principle, procedure, practice 2. Development of Petroleum 2.1 Exploring Petroleum 2.2 Producing Petroleum All All Submit in the procedure of applying for the approbation from responsible office Submit in the procedure of applying for the approbation from responsible office 3. Projects to transport the Petroleum and Fuel Oil by Pipe All Submit in the procedure of applying for the license or the procedure of applying for the approving from responsible office 4. Industrial enterprises All Submit in the procedure of approbation the projects 5. Petrochemical industry projects that produce chemicals More than100 Tons per day Submit in the procedure of applying for the projects 6. Petroleum Refining Industry All Submit in the procedure of applying for the projects 7. Analyzing or transmuting natural gas All Submit in the procedure of applying for the projects 8. Chlor-alkaline Industry using Sodium Chloride (NaCl) as a material in the production of Sodium Carbonate (Na2CO3) Sodium Hydroxyl (NaOH) Hydraulic Acid (HCI) Chlorine (CI2) Sodium Hypo chloride (NaOCI) and Bleaching power Each or Compound more than 100 Tons per day Submit in the procedure of applying for the projects 9. Industry Producing Portland cement All Submit in the procedure of applying for the projects 10. Industry producing paper pulp More than 50 Tons per day Submit in the procedure of applying for the projects 11. Industry producing pesticides All Submit in the procedure of applying for the projects 12. Industry producing chemical fertilizers All Submit in the procedure of applying for the projects 13. Sugar Industries that produce: 13.1 cane sugar, white cane sugar, pure white cane sugar 13.2 glucose dextrose fructose or other similar products All More than 20 Tons per day Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects No. Types of projects Specifications of projects Principle, procedure, practice 14 Iron or steel industry - Iron or steel producer that has a production capacity of 100 tons per day or more Submit in the procedure of applying for the projects 15 Mineral industry that is not an iron or steel industry Mineral producer that has a production capacity of 50 tons per day or more Submit in the procedure of applying for the projects 16 Liquor and alcohol production industry Liquor and alcohol producer that has a production capacity of 40,000 liters per month Wine or beer producer that has a production capacity of 600,000 liters per month Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects 17 Factories that recycle waste products according to the Factory Law All capacities Submit in the procedure of applying for the projects 18 Power plants Power plants that have a production capacity of 10 megawatt per day or more Submit in the procedure of applying for the projects 19 Expressways All capacities Submit in the procedure of applying for the projects 20 Highway and roads according to the Highway Law that go through the following areas: 20.1 Reserved forest areas All capacities Submit in the procedure of 20.2 National parks 20.3 The plain area level 2 according to conclusion of the cabinet 20.4 Mangrove forest 20.5 Fifty meters from beach areas 20.6 Areas 2 kilometers from world heritage sites 20.7 Areas 2 kilometers from ancient remains, antiques, national parks, historical parks and national museums All capacities All capacities All capacities All capacities All capacities All capacities applying for the projects Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects 21 Public metal transit system All capacities Submit in the procedure of applying for the projects 22 Ports -Capacity for vessels of 500 gross tons or more Quay length of 100 Submit in the procedure of applying for the projects square meters or more Total port area is amount of 1,000 square meters or more 23 Marinas for docking boats for sport and recreational purposes Marinas that have a capacity of 50 vessels or more or an area of 1,000 square meters or more Submit in the procedure of applying for the projects 24 Man-made land projects All capacities Submit in the procedure of applying for the projects 25 Construction or enlargement of buildings close to or in the sea 25.1 Walls close to the beach 25.2 Dams against sand, surfs and water 25.3 Dam against surfs outside the beach length of 200 square meters or more All capacities All capacities Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects 26 Air transportation projects 26.1 construction of or enlargement of commercial water airports. 26.2 Water airports Runway length of 1,100 meters or more Submit in the procedure of applying for the projects 27 Building according to the Building Control Act 27.1 located in an area beside the river, lake, beach or close to or in a national park or historical park 27.2 used for a retail or wholesale business 27.3 used as an office building Buildings that are 23 meters or taller or have all area of 10,000 square meters or more Buildings that are 23 meters or taller or has a total area of 10,000 square meters or more Buildings that are 23 meters or taller or have all area in amount of 10,000 square meters or more Submit in the procedure of applying for the projects or the procedure to inform local officers according to Building Control Law Submit in the procedure of applying for the projects or the procedure to inform local officers according to Building Control Law Submit in the procedure of applying for the projects or the procedure to inform local officers according to Building Control Law 28 To allot the land for habitation or commerce according to the Land Development Law Projects that have more than 500 plot of land or the area more than 100 Rai Submit in the procedure of applying for land allotment according to The Land Development Law 29 Hospitals according to the Medical Premises Law 29.1 located in an area close to the river, lake, beach within 50 meters Hospitals that have 30 or more patients beds Submit in the procedure of applying for the projects or the 29.2 Out of 29.1 Hospitals that have 60 or more patients beds procedure to inform local officers according to Building Control Law Submit in the procedure of applying for the projects or the procedure to inform local officers according to Building Control Law 30 Hotels according to the Hotel Act Hotels that have 80 rooms or more or have a usable area of 4,000 square meters or more Submit in the procedure of applying for the projects or the procedure to inform local officers according to Building Control Law 31 Condominiums according to the Building Control Law Condominiums that have 80 rooms or more or have a usable area of 4,000 square meters or more Submit in the procedure of applying for the projects or the procedure to inform local officers according to Building Control Law 32 Dam Projects 32.1 Capacity 32.2 Area 100 millions cubic meters or more 15 square kilometers or more Submit in the procedure of applying for the projects Submit in the procedure of applying for the projects 33 Irrigation Projects Those that have area of irrigation 80,000 Rai or more Submit in the procedure of applying for the projects 34 All projects that are located in the plain area level 1 according to conclusion of the cabinet All capacities Submit in the procedure of applying for the projects