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Notification of Ministry of Natural Resources and Environment Subject (Garuda Emblem) Notification of Ministry of Natural Resources and Environment Subject: Type and Size of Project or Activity Required to Submit Environmental Impact Assessment Report; And Criteria, Procedure, Regulation and Guideline to Prepare Environmental Impact Assessment Report Whereas it deemed appropriate to amend the prescription of type and size of project or activity belongs to the government, state enterprise or private sector that is required to prepare the environmental impact assessment report, and criteria, procedure and regulation annexed with the Notification of Ministry of Natural Resources and Environment regarding type and size of project or activity required to submit environmental impact assessment report; and criteria, procedure, regulation and guideline to prepare environmental impact assessment report, dated 16 th June B.E. 2552 (2009). By the virtue of the Article 46, 47, 48, 49 and 51 of the Enhancement and Conservation of National Environmental Quality Act B.E. 2535, amended by the Article 114 of the Royal Decree prescribing law amendment to be in compliance with a transfer of authority of the government sector in according to the Government Administrative Act B.E. 2545 (2002), Minister of Natural Resource and Environment, by the approval of the National Environment board, therefore announces that: Article 1 Notification of Ministry of Natural Resources and Environment regarding type and size of project or activity required to submit environmental impact assessment report; and criteria, procedure, regulation and guideline to prepare environmental impact assessment report, dated 16 th June B.E. 2552 (2009) shall be revoked. Article 2 In this Notification: “Building for retail and wholesale business” shall mean a building defined by the building control law that its purpose is for operating business on retailing or wholesaling of products consumed mainly in daily life or in household. “Retail or wholesale business” shall mean retail or wholesale of products consumed mainly in daily life or in household. Unofficial Translation by JETRO Bangkok Only the Thai version of the texts is legally binding. “Retailing” shall mean an operation of business that sells a product in small quantities to a consumer. “Wholesaling” shall mean an operation of business that sells a product in large quantities to a consumer for reselling. “Main River Basin” shall mean 25 river basins shown in the attachment 1 of this Notification. “Sluice in the main river” shall mean a construction built on the waterway with a movable gate for irrigating, stopping, or allowing water to flow, as details shown in the attachment 2 of this Notification. Article 3 Type and size of project or activity required to submit the environmental impact assessment report; and criteria, procedure and regulation shall be in compliance with the attachment 3 annexed with this Notification, except type and size of project or activity listed in 1.5 and 26..2 specified in the attachment 3 that shall conduct the initial environmental examination. Article 4 Criteria, procedure, regulation and guideline to prepare the environmental impact assessment report or the initial environmental examination report shall be in compliance with the attachment 4 annexed with this Notification. Preparation of the environmental impact assessment report or the initial environmental examination shall be conducted by a person who is permitted as the expert on environmental impact assessment study. Article 5 A prescription in article 3 shall be applied mutatis mutandis for expansion phase of the project or activity required to submit the environmental impact assessment report or the initial environmental examination report. Article 6 Project or activity prescribed in the Notifications mentioned in article 1 that have already submitted the environmental impact assessment report before the enforcement of this Notification shall follow criteria, procedure, regulation and guideline of the environmental impact assessment report prescribed in the Notifications mentioned in article 1 until the expert review committee of the environmental impact assessment report has any other comments. Article 7 Project or activity prescribed in attachment 3 belonging to the government, state enterprise, or private sector which has been already required to prepare the environmental impact Unofficial Translation by JETRO Bangkok Only the Thai version of the texts is legally binding. assessment report as a project/activity that may cause severe impact to community in terms of environmental quality, natural resource and public health according to 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; it shall solely execute in compliance with such Notification. Article 8 This Notification shall be effective a day following its publishing in the Government Gazette. Announced on the 24 th April B.E. 2555 (2012) Signed (Preecha Rengsomboonsuk) Ministry of Natural Resources and Environment (This Notification was published in the Government Gazette No. 129, Special Part 97 Ngor, dated 20 th June 2012) Unofficial Translation by JETRO Bangkok Only the Thai version of the texts is legally binding. Attachment 1 25 Main River Basins in Thailand 1. Salawin river basin 2. Khong river basin 3. Kok river basin 4. Chi river basin 5. Moon river basin 6. Ping river basin 7. Wang river basin 8. Yom river basin 9. Nan river basin 10. Chao Phraya river basin 11. Sakaekrang river basin 12. Pasak river basin 13. Thachin river basin 14. Mae Klong river basin 15. Prachinburi river basin 16. Bangpakong river basin 17. Tonlesab river basin 18. Eastern coast river basin 19. Phetchaburi river basin 20. Western coast river basin 21. Eastern coast of the south region river basin 22. Tapi river basin 23. Songkhla lake river basin 24. Pattani river basin 25. Western coast of the south region river basin Unofficial Translation by JETRO Bangkok Only the Thai version of the texts is legally binding. Attachment 2 23 Main Rivers of Thailand 1. Yuam river 2. Songkram river 3. Kok river 4. Chi river 5. Moon river 6. Ping river 7. Wang river 8. Yom river 9. Nan river 10. Chao Phraya river 11. Sakaekrang river 12. Pasak river 13. Thachin river 14. Mae Klong river 15. Prachinburi river 16. Bangpakong river 17. Chantaburi river 18. Phetchaburi river 19. Pranburi river 20. Saiburi river 21. Tapi river 22. Pattani river 23. Trang river Unofficial Translation by JETRO Bangkok Only the Thai version of the texts is legally binding. Attachment 3 1. In case of project or activity of the government agency, state enterprise or a co-project with private sector that requires an approval from the cabinet, the environmental impact assessment report shall be submitted before the project or activity is submitted for approval to the cabinet. 2. In case of project or activity of the government agency or state enterprise that does not require to get an approval from the cabinet or in case of project or activity that is required to get permission from the government, the environmental impact assessment report shall be submitted according to the prescriptions in the following table. 3. In case of project or activity that is required to get permission from the government, the environmental impact assessment report shall be submitted according to the prescriptions in the following table. Unofficial Translation by JETRO Bangkok Only the Thai version of the texts is legally binding. No. Type of Project/Activity Size Criteria, Procedure, Regulation 1 Mining as defined by the Mineral Act 1.1 Mining as follows: 1.1.1 Coal mining All sizes Submit when applying for a concession 1.1.2 Potash mining All sizes Submit when applying for a concession 1.1.3 Rock salt mining All sizes Submit when applying for a concession 1.1.4 Limestone mining for cement All sizes Submit when applying for a concession Industry 1.1.5 All types of metal ore mining All sizes Submit when applying for a concession 1.2 Underground mining All sizes Submit when applying for a concession 1.3 All mining projects located in the following areas: 1.3.1 Watershed area class 1 by the All sizes Submit when applying for a concession cabinet resolution 1.3.2 Reserved forest added by the All sizes Submit when applying for a concession cabinet resolution 1.3.3 Wetland, internationally All sizes Submit when applying for a concession recognized 1.3.4 Areas adjacent within 2 km. to All sizes Submit when applying for a concession ancient site, archeological site, historical site or historical park defined by laws related with historical site and object, artifact, and national museum, and world heritage site registered according to the world heritage convention. All sizes Submit when applying for a concession 1.4 Mining that uses explosives All sizes Submit when applying for a concession 1.5 Other mining projects according to The Mineral Act, except 1.1, 1.2, 1.3, 1.4 2. Petroleum development 2.1 Petroleum exploration by geophysical All sizes Submit when applying for an approval or Drilling permission from a competent office or an 2.2 Petroleum production All sizes authority that grants a permit according to the petroleum law. Unofficial Translation by JETRO Bangkok Only the Thai version of the texts is legally binding. 3. Petroleum and oil transportation via All sizes Submit when applying for a license or for pipeline an approval from a competent office. 4. Industrial estate as defined by the All sizes Submit when applying for approval or industrial estate laws; or other projects permission of the project with similar features of industrial estate; or land development for industry project 5. Petrochemical industry having Production Submit when applying for permission for chemical process Capacity construction or operation, as the case ≥100 maybe.
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