Notification of Ministry of Natural Resources and ... · community, ONEP shall send the approved...

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Notification of Ministry of Natural Resources and Environment

Subject: Criteria, procedure, regulation and guideline to prepare environmental impact

assessment report for a project or an activity that may cause severe impact to quality of

environment, natural resources and health of a community

********************

Due to a specific characteristic in preparing and considering the Environmental Impact

Assessment (EIA) report for a project or an activity that may cause severe impact to a

community, which has a different consideration view from other general projects or activities,

and in order to conform to Article 67 of the Constitution of the Kingdom of Thailand; by the

virtue of Article 46 and 51 of the Enhancement and Conservation of National Environmental

Quality Act, B.E. 2535, Minister of Natural Resources and Environment, by an approval from

the National Environment Board, hereby announces criteria, procedure, regulation and guideline

to prepare environmental impact assessment report for a project or an activity that may cause

severe impact to quality of environment, natural resources and heath of a community as follows:

Article 1 A project or an activity of the government agency, state enterprise or a private

sector that may cause severe impact to a community, as specified in 1.1 and 1.2 of this

Notification, shall prepare the EIA report for a project or an activity that may cause severe

impact to quality of environment, natural resources and heath of a community, and shall arrange

a public hearing for people and stakeholders, as well as shall contain a comment from an

independence agency. These shall be conducted in line with criteria and procedure specified in

the annex of this Notification.

1.1 Any project or activity that is specified or announced by this Notification or other

laws as a project or an activity that may cause severe impact to quality of environment, natural

resources and health of a community.

1.2 Any project or activity that is judged by a subcommittee, which is appointed by

the National Environment Board, within 30 days after receiving a petition that such project or

activity may cause severe impact to quality of environment, natural resources and health of a

community.



Article 2 A person who is legitimate to conduct the EIA report specified in this Notification

shall be permitted and registered with Office of Natural Resources and Environmental Policy and

Planning (ONEP) as a legitimate person to conduct the EIA report. If there are other laws already

specifying about a permission and procedure for a legitimate person to conduct such EIA report,

a legitimate person shall also get permission by those laws.

Article 3 After ONEP receives the EIA report from a person mentioned in Article 2, ONEP

shall perform an action required by the Article 48 of the Enhancement and Conservation of

National Environmental Quality Act, B.E. 2535 by submitting the EIA report to the expert

committee to consider the report according to the Article 49 of the Enhancement and

Conservation of National Environmental Quality Act, B.E. 2535.

Article 4 After the expert committee approves the EIA report, ONEP shall send a result of

consideration of a committee to the government agency responsible for that project or activity or

to the government agency responsible for approval such project for further arrangement of a

public hearing for people and stakeholders. A public hearing shall be arranged in according to a

public hearing procedure specified in the annex of this Notification.

Article 5 After the expert committee approves the EIA report for a project or an activity

that may cause severe impact to quality of environment, natural resources and health of a

community, ONEP shall send the approved EIA report together with a comment of the expert

committee and a conclusion of environmental impact prevention and reduction measures to an

independence agency to give comment before proceeding to further step or to a permission

procedure by a responsible government agency.

Article 6 In case of a project or an activity specified in Article 1 that belongs to the

government agency, state enterprise, or a co-project with private sector, which shall be submitted

for approval to the cabinet, ONEP shall submit comments from the expert committee, an

independence agency, and a public hearing report to the National Environment Board for giving

comment for the cabinet’s consideration.



Article 7 This Notification shall be effective a day after published in the Government

Gazette.

Announced on 29th

December 2009

Suwit Kunkitti

Minister of Natural Resources and Environment

(This Notification was published in the Government Gazette No. 126, Special part 188 Ngor,

dated 29th

December 2009)



ANNEX

A. Guideline to prepare the EIA report for a project or an activity that may cause severe

impact to quality of environment, natural resources and health of a community

1. Main content

1.1 Executive summary

1.1.1 Detail of a project or an activity including related activities

1.1.2 Site of the project: presenting photo and map of the site showing

environmental surroundings which may be affected from the project. Scale of map shall be 1:

50,000 or as appropriate.

1.1.3 Alternative options of the project site and the project implementation

methodology (reasons and justifications)

1.1.4 Conclusion of impacts that may cause severe effect to a community in

aspects of quality of environment, natural resources and health. Reasons or criteria of this

conclusion shall be described.

1.2 Main report

1.2.1 Introduction: introducing background, objective and justification of the

project, including objective, scope and methodology of the EIA report.

1.2.2 Site of the project: presenting photo and map of the site showing

environmental surroundings which may be affected from the project. Scale of map shall be 1:

50,000 or as appropriate.

1.2.3 Project detail: describing a clear detail on overview of the project such as

type and size of the project, location, project implementation methodology, or related activities,

as well as layout of land utilization of the project showing in appropriate scale and direction.

1.2.4 Present environmental condition: describing detail and photos of natural

resources and environment in both physical and biological aspects by classifying to capacity of



rehabilitation and non-rehabilitation; human use value; quality of life value; as well as describing

current problems around the site together with showing photos of surrounding area; and

utilization of land around the site and other areas that may be affected from the project in short

term and long term.

1.2.5 Evaluation of alternative option for implementing the project and

evaluation of impact may cause by the project.

(1) Alternative option for implementing the project: the EIA report for a project or

an activity that may cause severe impact to quality of environment, natural resources and health

of a community shall describe alternative options, which may be an option for the project site or

the project implementation methodology. Every proposed option shall be in line with objective

and shall describe reasons addressing to the project’s goal and necessity the project either the

project exists or non-exists. Mitigation measure shall be proposed in each option. The most

suitable option and justification of the project shall be identified together with reasons and

necessity based on health and social data of people living in the area that may get impact from

the project/activity implement in both short and long term.

(2) Evaluation of environmental impact: evaluation of environmental impact from

a project or an activity, both direct and indirect impact to natural resources and environment and

to all values mentioned in 1.2.4 shall be conducted. Natural resources shall be classified to

rehabilitation and non-rehabilitation. Impact that may cause in each proposed option shall also be

evaluated and compared. Health impact assessment (HIA) shall be conducted in according to B

while a public hearing to people and stakeholders shall be conducted in according to C. It shall

specify impact that may cause severe effect on environment, natural resources and health to a

community with reasons or criteria used for this evaluation.

1.2.6 Prevention, mitigation and compensation measure: detail of prevention

and mitigation measure causing by 1.2.5 and compensation measure in case of unavoidable

damages shall be described. These prevention, mitigation and compensation measures shall be

conducted with regard of mitigation measure on health and social aspects.

1.2.7 Monitoring measure: environmental monitoring plan, which is technically

and practically suitable for the project, shall be proposed. This monitoring plan will be used for



the project’s post monitoring and evaluation. This monitoring plan shall include a plan for health

and social monitoring.

1.2.8 Table summarizing important impact to environment and prevention and

mitigation measure.

2. Document to be submitted

2.1 Main report: Not less than 15 copies

2.2 Executive summary: Not less than 15 copies

2.2 Executive summary for not less than 15 copies

2.3 Front cover and title page shall be in line with the EIA report format as shown in Sor

Por 2 Form

2.4 Certified letter, as shown in Sor Por 3 Form

2.5 A copy of license as a legitimate person to conduct the EIA report

2.6 List of the EIA study team, as shown in Sor Por 5 Form

2.7 EIA report submission form, as shown in Sor Por 6 Form



B. Guideline to conduct health impact assessment (HIA) for a project or an activity that

may cause severe impact to quality of environment, natural resources and health of a

community

Health impact assessment for a project or an activity above-mentioned shall conform to a

guideline of HIA in the EIA report of Thailand, issued in December 2009 by ONEP, MONRE, or

shall conform to a guideline having been revised to be in line with criteria and methodology of

HIA prepared by the National Health Commission of Thailand as follows:

1. For participation of people, stakeholders, and all sectors in expressing their concerns

and issues in HIA guideline and for a well-rounded assessment of health impact, the project or

activity proponent or the project approval authority shall arrange a public assembly to set up

scope and HIA guideline and shall submit a report of such scope and HIA guideline to the EIA’s

expert committee. The public assembly shall proceed in according to a guideline specified in the

annex C.1 of this Notification.

2. In conducting HIA for a project or an activity that may cause severe impact to quality

of environment, natural resources and health of a community, a study shall be done to cover at

least the following factors that may cause impact to health.

2.1 Change of natural resources condition and consumption such as land, water resource,

fishery, forest, biodiversity, minerals, other resources and biological system.

2.2 Production, transportation and storage of hazardous substances. Type, quantity, and

operating method of all type of hazardous substances shall be reported.

2.3 Generation and discharge of waste and health-deteriorating matter from construction,

production, and any other processes such as solid waste, waste, hazardous waste, wastewater,

infection waste, heat, air pollutant, dust, light, noise, odour, vibration, and radiation.

2.4 Contact with pollution and health-deteriorating matter into a human body via

breathing, eating, touching, for example. Contact by workers or operators in the project/ activity,

or contact by people living around the project/activity.



2.5 Change of and impact to occupation, employment, and working condition in local

area either positively or negatively, e.g. risk and accident at work, change of biological system,

natural resources and supply chain of product and service, which are a vital living base for any

certain group of people in the area.

2.6 Change of and impact to relationship between people and community either inside or

outside a community, in particular a migration of people and workers, increasing/decreasing of

community’s public area, and conflict that may cause by the project/activity.

2.7 Change in the art and culture site such as religious site, a place of worship, and

historical site.

2.8 Impact specifically or seriously occurred to any particular group of people, especially

sensitive group such as children, handicaps, elders, single parent, minority, etc.

2.9 Public health resources and preparedness in the aspects of strengthening, preventing,

curing, and recovering of people’s health, which may relate with the project or activity, as well

as preparedness of health status data in the area before the operation of the project or activity,

development of database system to monitor the impact, disease survey capacity, and response to

incident and disaster that may occur.

3. For a complete of HIA report, the project or activity proponent or the project approval

authority shall arrange a public hearing to review a draft EIA report for a project or an activity

that may cause severe impact to quality of environment, natural resources and health of a

community and shall submit a report containing conclusion of opinion from people, stakeholders

and public together with comment and explanation to the expert committee for further

consideration. The public hearing shall proceed in according to a guideline specified in the annex

C.3 of this Notification.



C. Guideline to arrange a public hearing for people and stakeholders of the environmental

impact assessment process for a project or an activity that may cause severe impact to

quality of environment, natural resources and health of a community

C. 1 Process of public hearing arranged for people and stakeholders to set up scope and

EIA and HIA guideline

1. The project/activity proponent shall arrange a public assembly to set up scope and

guideline of EIA and HIA for people, stakeholders and related agencies to share their concerns

and opinion on guideline of EIA and HIA, and to complete the EIA and HIA process.

2. A public hearing to set up scope and guideline of EIA and HIA shall be conducted in

the following procedure:

2.1 The project/activity proponent shall inform about the arrangement of a public

hearing to ONEP, the National Health Commission of Thailand, and public at least one month in

advance. Communication method to public shall be done through public communication media

at least 3 ways for a public-wide acceptance and preparation to participate in the hearing.

2.2 The project document describing background, necessity, financial source,

procedure, and implementing guideline shall be disclosed. Preliminary information regarding

factors that may cause impact to environment and health, and a draft proposal of scope and

guideline of HIA shall also be presented to all stakeholders and public via at least 3 public

communication ways 15 days at the least prior to the hearing date.

2.3 Registration system for people, stakeholders and related agencies that are

interested in giving comment to scope set up and guideline of EIA and HIA shall be arranged in

advance for convenience of those mentioned parties.

2.4 A public hearing shall provide a session in an appropriate length of time - at

least 2 hours and not less than half of total time of the hearing, for hearing opinion, comments,

concerns, related data and guideline of EIA and HIA of people and stakeholders

2.5 After arranging a public hearing, it shall provide at least 2 communication

channels to get opinion from public for at least 15 days in consecutive.



3. The project/activity proponent or the project approval authority shall prepare a report

summarizing opinion of related parties and public together with explanation and shall propose

scope and guideline of EIA and HIA and submit to ONEP for acknowledgment and to National

Health Commission of Thailand for publicizing.



C.2 Evaluation and preparation of EIA report for a project or an activity that may cause

severe impact to quality of environment, natural resources and health of a community, as

part of a public hearing process arranged for people and stakeholders

In evaluation and preparation process of EIA report for a project or an activity that may cause

severe impact to quality of environment, natural resources and health of a community, the project

proponent or a person who conducts the EIA report shall follow public participation guideline

and social impact assessment guideline for EIA report published by ONEP, MONRE, in order to

create a well-balanced participation and hearing in all respects. The project proponent or a

person who conducts the EIA report shall comply with the following criteria:

1. A person who conducts the EIA report shall disclose facts related to the project or

activity, of which the EIA having been conducting, comprising the following data at the least:

1.1 Type, size, production capacity and total area of the project or activity,

pollutions generated from operation of the project or activity, public water resource or public

land to be used as wastewater or waste receiving site from the project or activity (if any),

including factors that may impact to health.

1.2 Guideline of EIA an HIA, and measures of prevention and mitigation for the

impacts (if any).

1.3 Expected operation period of the project or activity.

1.4 Name of the project proponent or the project approval authority, telephone

number and contact address for getting further information.

1.5 Date, time and venue to organize the public hearing for people and

stakeholders.

1.6 Display board showing data of 1.1-1.5 putting on a place and having sizes that

can be easily and conveniently accessed and read by people and stakeholders.

2. In conducting a survey or public hearing from people and stakeholders, a person who

conducts the EIA report shall clearly indicate name of the project or activity, objectives, goal and



issue of interested of a survey or public hearing. Each surveyed or hearing issue shall be

consistent with detail of such project or activity.

3. In conducting a survey or public hearing, data collection and understanding of ways of

life and environmental condition of communities located in the area that may get environmental

or health impact from such project or activity shall be considered with a high concern.

4. A survey or public hearing shall be conducted in the following methodology:

4.1 Individual interview

4.2 Through postcard, telephone, facsimile, information technology network, or

others.

4.3 People or stakeholders can directly express their opinions at the project

approval authority.

4.4 Small group discussion

4.5 Workshop

4.6 A meeting of all concerned stakeholders’ representatives

5. After a person who conducts the EIA report has completed a survey of people or

stakeholders, a conclusion of a survey, both positive and negative points, shall be summarized

and disclosed to public within 15 days at the easily accessed and seen places at the Provincial

Office of Natural Resources and Environment, the Provincial Office of Public Health, District

Office, the District Office of Public Health, the Local Administrative Offices, Tambol Office,

Village Office, and the Government Health Service Center located in the area where the project

site or activity site is located. The summarized report shall be displayed in those aforementioned

places for not less than 15 days.



C.3 Process of public hearing arranged for people and stakeholders to review the draft of

EIA report for a project or an activity that may cause severe impact to quality of

environment, natural resources and health of a community

1. The project or activity proponent shall arrange a public hearing to review the draft of

EIA report for a project or an activity that may cause severe impact to quality of environment,

natural resources and health of a community for people, stakeholders and related organizations to

examine correctness and completeness of the draft of EIA report, as well as to present data, fact,

and additional comment to the said draft of EIA.

2. A public hearing to review the draft of EIA report shall be arranged in the following

procedure:

2.1 The project/activity proponent shall inform about the arrangement of a public

hearing to ONEP, the National Health Commission of Thailand, and public at least one month in

advance. Communication method to public shall be done through public communication media

at least 3 ways for a public-wide acceptance and preparation to participate in the assembly.

2.2 The draft final of EIA report shall be disclosed to related persons and public

for consideration via at least 3 public communication ways 15 days at the least prior to the

hearing date.

2.3 A public hearing shall provide a session in an appropriate length of time - at

least 3 hours and not less than half of total time of the hearing to related persons and public to

present data, facts, and additional comments of the draft EIA.

2.4 After arranging a public hearing, it shall provide at least 2 communication

channels to get opinion from public for at least 15 days in consecutive.

3. The project/activity proponent shall prepare a report summarizing opinion of related

parties and public together with comment and explanation of the project proponent, the project

approval authority or other related organizations and shall submit it to ONEP for

acknowledgment and to National Health Commission of Thailand for publicizing.



D. Process of public hearing arranged for people and stakeholders related to the project

approval authority

1. Government agency, which is authorized for approval or giving permission of the

project or activity, shall appoint a public hearing committee, comprising one chairman and other

committee members not less than 2 persons but not more than 4 persons.

A chairman and committee members shall not have any conflicts of interest with such

project or activity. At least one third of committee members shall be appointed from those who

are not a government official, a member of parliament, a member of local council, or a local

administrator.

2. A public hearing committee shall perform as follows:

2.1 Study detail of the project or activity, scheduled to hold such a public hearing.

2.2 Set up procedure, methodology, venue and time of a public hearing based on

convenience of all concerned parties.

2.3 Publish about a public hearing in at least 1 issue of a daily newspaper, which

is widely read especially around the construction area of the project and its vicinity. A public

hearing announcement shall be published in the newspaper for 3 days at the least and at least 15

days in prior to a public hearing date for a pre-registration of people and stakeholders interested

in giving their opinions to the project. Pre-registration shall be open for at least 5 days.

2.4 Inform pre-registered people and stakeholders about the public hearing dates,

which shall be arranged for not less than 15 days.

2.5 Put up a notice openness to disseminate data and information related to such

project or activity at office of the approval authority of such project, local administrative office

where such project or activity is located, and on website of the government agency that arranges

a public hearing. These aforementioned activities shall be done at least 15 days in prior to a

public hearing process.

A public hearing committee shall take into consideration all parties’ arguments

and impacts in all respects and shall conduct a public hearing with flexibility, honestly and



impartially in order to get technically correct, real and clear data and information for decision

making of the project approval or permission authority as much as possible.

3. After a public hearing committee has completed a public hearing process, the

committee shall make a report of the hearing, which comprises at least the following

information:

3.1 List of a committee, people, stakeholders who have registered and attended

the hearing.

3.2 Facts summarizing of process, methodology, date, time and venue of the

hearing.

3.3 Record in writing of all comments of people and stakeholders

3.4 Result of the hearing in the aspects of appropriateness, impacts, options and

suggestions.

4. A public hearing committee shall submit a report mentioned in 3. Together with

explanation of related organizations to the government agency that appoints a public hearing

committee within 15 days after finishing a public hearing process. This report shall be regarded

as public and can be distributed on website as well.

5. Government agency, which is authorized for approval or giving permission of the

project or activity, shall take comments from people and stakeholders, and explanation of related

organizations into a decision-making procedure and shall explain in writing reasons of the

judgment of that project or activity in each issue. Explanation of the reasons of judgment shall be

made public and distributed on website.



Form Sor Phor Ror. 1

Report of Significant Impact to Environment

Prevention and Mitigation Measures

And Monitoring Measures of Environmental Impacts

Environmental

Element and Values

Significant Impact to

Environment

Prevention and

Mitigation Measures

Monitoring

Measures

Abiotic resources

Biotic resources

Biological system

Human use value

Quality of life value




Environmental Impact Assessment Report

Name of the Project………………………………………………………………………………...

The Project Site……………………………………………………………………………………...

The Project Proponent……………………………………………………………………………….

Address of the Project Proponent…………………………………………………………………...

Power of Attorney

( ) The project proponent authorizes ……………………………………………….

to submit the EIA report on our behalf as a letter of authorization is shown in the

attachment.

( ) The project proponent has not authorized to any parties.

Prepared by

……………………………………………..

(Legal entity that prepares the report)




Certified Letter of the EIA Report Preparation

Date………..Month…………..Year (B.E.)………

This is to certified that …………………………………………………………….is responsible

for preparing the environmental impact assessment report of the project of ………………………

…………………………………………………..for………………………………………………

……………………………………………………………. for the purpose of……………………..

……………………………………………… according to the application number………………..

The experts and responsible person for preparing this EIA report are as follows:

Expert Signature

…………………………….. ……………………………

Responsible person Signature

…………………………….. ………………………………

…………………………….. ………………………………

……………………………... ……………………………….

……………………………

(………………………….)

Position……………………………………..

Company seal



Form Sor Phor Ror 5

List of the EIA Study Team

Name Responsible Part/Topic Proportion of the responsible

part to the whole EIA report

(%)



Form Sor Phor Ror 6

EIA Report Submission Form

Reason of EIA report submission

( ) This project is required to conduct the EIA according to the Notification of Ministry of

Natural Resources and Environment regarding Criteria, procedure, regulation and guideline to

prepare environmental impact assessment report for a project or an activity that may cause severe

impact to quality of environment, natural resources and health of a community; type of project

is…………………………………………………………………………………………………….

( ) This project is required to conduct the EIA due to the cabinet resolution on

……………………. Dated ……………………………….( please attached related cabinet

resolution and document)

( ) This project is required to conduct the EIA due to a requirement of Office of the Board of

Investment

( ) Others (specified) …………………………………………………………………………

The EIA report commissioning date ……………………………………………………………

Permission of the project

( ) This EIA report is prepared to apply for permission from………………………………..

(please specify a permission authority) according to the …….………………………………….

Act,Article/category/section/no.………………………………………………

( ) This EIA report is prepared to apply for approval from the cabinet

( ) This project is not required to apply for permission from the government office and not

required to get approval from the cabinet.

( ) Others (specified) ………………………………………………..



Status of the Project (you can select more than 1 choice)

( ) Pre-feasibility study

( ) On process of feasibility study

( ) Not constructed yet

( ) Being constructed (attach with photo specifying date of taken)

( ) Test running

( ) Start operation

This status is reported on date ……………………………………………….

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