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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 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)

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Attachment 1

25 Main River Basins in

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 river basin 24. Pattani river basin 25. Western coast of the south region river basin

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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

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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.

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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 added by the All sizes Submit when applying for a concession cabinet resolution

1.3.3 , 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. ton/day 6. Oil refinery All sizes Submit when applying for permission for construction or operation, as the case maybe. 7. Natural gas separation or processing All sizes Submit when applying for permission for construction or operation, as the case maybe. 8. Chlor-alkaline Industry using sodium Production Submit when applying for permission for capacity of chloride (NaCl) as raw material for construction or operation, as the case each or production of sodium carbonate (Na 2Co 3), combined maybe. sodium hydroxide (NaOH), hydro chloric products ≥100 Acid (HCl), chlorine (Cl 2), sodium hipo- tons/day chloride (NaOCl) and bleaching powder 9. Cement production All sizes Submit when applying for permission for construction or operation, as the case maybe. 10. Pulp production Production Submit when applying for permission for Capacity construction or operation, as the case ≥50 maybe. tons/day 11. Pesticide Industry or industry producing All sizes Submit when applying for permission for active ingredient by chemical process construction or operation, as the case maybe. 12. Chemical fertilizer industry by All sizes Submit when applying for permission for chemical process construction or operation, as the case

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maybe. 13. Sugar industry as follows: 13.1 producing raw sugar, white sugar, All sizes Submit when applying for permission for refined sugar construction or operation, as the case maybe. 13.2 producing glucose, dextrose, fructose Production Submit when applying for permission for or others similar Capacity construction or operation, as the case ≥20 maybe. tons/day 14. Iron or steel industry Production Submit when applying for permission for Capacity construction or operation, as the case ≥100 maybe. tons/day 15. Ore or metal smelting, other than iron and Production Submit when applying for permission for steel industry Capacity construction or operation, as the case ≥50 maybe. tons/day 16. Liquor, alcohol, including beer and wine production 16.1 Liquor and alcohol production ≥40,000 Submit when applying for permission for L/month construction or operation, as the case (calculated maybe. at 28

degree)

≥600,000 16.2 Wine production Submit when applying for permission for L/month construction or operation, as the case

maybe.

16.3 Beer production Submit when applying for permission for ≥600,000 construction or operation, as the case L/month maybe.

17. Central waste treatment plant according to All sizes Submit when applying for permission for the factory act construction or operation, as the case

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maybe. 18. Thermal power plant ≥10 MW Submit when applying for permission for construction or operation, as the case maybe. 19. Expressway as defined by the Expressway All sizes Submit when applying for project and Rapid Transit Authority of Thailand approval or permission Act or other projects alike 20. High way or road as defined by the highway act, passing through following areas: 20.1 Wildlife sanctuaries and wildlife All sizes Submit when applying for project non-hunting areas as defined by the approval or permission wildlife conservation and protection act 20.2 National park as defined by the All sizes Submit when applying for project national park act approval or permission 20.3 Watershed area class 2 approved by All sizes Submit when applying for project the Cabinet Resolution approval or permission 20.4 Mangrove designated as the All sizes Submit when applying for project national forest reserve approval or permission 20.5 Coastal area within 50 meters of high All sizes Submit when applying for project tide level approval or permission. 20.6 Area adjacent within 2 km. to the All sizes Submit when applying for project internationally recognized watershed area approval or permission. or world heritage site registered according to the world heritage convention. 20.7 Areas adjacent within 2 km. to All sizes Submit when applying for project ancient site, archeological site, historical approval or permission. site or historical park defined by laws related with historical site and object, artifact, and national museum.

21. Mass transportation system by rail All sizes Submit when applying for project approval or permission. 22. Port Accommodation Submit when applying for project Capacity of approval or permission. Unofficial Translation by JETRO Bangkok Only the Thai version of the texts is legally binding.

≥500 ton gross Ship; or port width ≥100 m.; or total port area ≥ 1,000 m 2 23. Port for cruise and sport ship Accommodation Submit when applying for project of ≥50 ships; or ≥ 1,000 m 2 approval or permission. 24. Land reclamation All sizes Submit when applying for project approval or permission. 25. Construction or expansion of a construction onshore and offshore 25.1 Sea wall next to coastline ≥200 m. Submit when applying for project approval or permission. 25.2 Groin, training jetty, training wall All sizes Submit when applying for project approval or permission. 25.3 Offshore breakwater All sizes Submit when applying for project approval or permission.

26. Air transportation system 26.1 Construction or expansion of Runway Submit when applying for project commercial airport or temporary take off ≥1,100 m. approval or permission. and landing strip 26.2 Water airport All sizes Submit when applying for establishment or permission of taking off and landing

27. Building, as defined by the building control law, having located at or its purpose of utilization as follows:

27.1 Adjacent to river, sea, lake, beach, Height ≥ 23 m. Submit when applying for a construction national park or historical park, which or total floor permit or when reporting to the local may cause impact to environmental area or individual floor officer according to the building control quality of those areas of ≥ 10,000 m 2 law in case of not applying for a construction permit. 27.2 Building used for retail or wholesale Height ≥ 23 m. Submit when applying for a construction business or total floor area or permit or when reporting to the local individual floor 2 of ≥ 10,000 m officer according to the building control law in case of not applying for a

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construction permit. Height ≥ 23 m. or total floor 27.3 Office building area or Submit when applying for a construction individual floor of ≥ 10,000 m 2 permit or when reporting to the local officer according to the building control

law in case of not applying for a construction permit.

28. Land development for residential or ≥500 land Submit when applying for land development permit according to the land commercial purpose according to the land plots or development law. development law area

>100 rai 29. Hospital or health facility according to the health facility law as follows: 29.1 Adjacent within 50 m. to river, in-patient Submit when applying for a construction ≥ permit or when reporting to the local officer seashore, lake or beach beds 30 according to the building control law in case of not applying for a construction permit. 29.2 Others not specified in 29.1 in-patient Submit when applying for a construction permit or when reporting to the local officer beds ≥60 according to the building control law in case of not applying for a construction permit.

30. Hotel or resort as defined by the hotel law Room ≥80 Submit when applying for a construction or total permit or when reporting to the local areas officer according to the building control ≥4,000 m 2 law in case of not applying for a construction permit.

31. Residential building as defined by the Room ≥80 Submit when applying for a construction building control law or total permit or when reporting to the local areas officer according to the building control ≥4,000 m 2 law in case of not applying for a construction permit.

32. Irrigation Irrigated Submit when applying for project ≥ area approval or permission. 80,000 rai

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33. All types of projects located in the areas All sizes Submit when applying for project approved by the Cabinet as watershed area approval or permission. class 1 34. Inter-basin water diversion as follows: 34.1 Diversion across main river basins All sizes Submit when applying for project except in a disaster case or for national approval or permission. security, which is temporarily implemented.

34.2 International water diversion except in a disaster case or for national security, which is a temporarily implemented. 35. Sluice in the main river All sizes Submit when applying for project approval or permission.

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The Attachment 3

A. Guideline for preparing the environmental impact assessment (EIA) report

1. Main element

1.1 Executive summary comprises the main following issues:

1.1.1 Type and size of the project including all related activities

1.1.2 Site of the project showing photos 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 Report describing important impact to environment, mitigation and monitoring measure in compliance with a Sor Por 1 Form attached with this Notification.

1.2 Main report comprises the important following issues:

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, 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.

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(1) Alternative option for implementing the project: the EIA report shall describe alternative option, 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 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.

(2) Evaluation of environmental impact: evaluation of environmental impact, both direct and indirect to natural resources and environment and to all values mentioned in 1.2.4, which is classified to rehabilitation and non-rehabilitation, caused by the project shall be conducted. Impact that maybe caused by each proposed option shall also be evaluated and compared.

1.2.6 Mitigation and compensation measure: detail of mitigation measure causing by 1.2.5 and compensation measure in case of unavoidable damages shall be described.

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.

1.2.8 Table summarizing important impact to environment and mitigation measure

EIA report shall be conducted on the basis of public participation, social environmental impact assessment, and health impact assessment.

2. Document to be submitted

2.1 Main report for 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

Unofficial Translation by JETRO Bangkok Only the Thai version of the texts is legally binding.

B. Guideline for preparing the initial environmental evaluation (IEE) report

1. Main element

1.1 Introduction: introducing background, objective and justification of the project, including objective, scope and methodology of the EIA report.

1.2 Site of the project: photo and map of the site in appropriate scale showing environmental surroundings which may be affected from the project shall be shown.

1.3 Alternative options of the project site and the project implementation methodology (reasons and justifications)

1.4 Project detail: describing a clear detail on overview of the project such as type and size of the project, project implementation methodology, or related activities, as well as layout of land utilization of the project showing in appropriate scale and direction.

1.5 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.

1.6 Major environmental impact: evaluation of initial environmental impact of the project shall be conducted by focusing on significant impact that may directly cause by the project and indirect impact to natural resources and environment and all related values mentioned in 1.5

1.7 Mitigation and compensation measure: detail of mitigation measure causing by 1.6 and compensation measure in case of unavoidable damages shall be described.

1.8 Environmental Quality monitoring measure: post-project environmental monitoring and evaluation plan shall be proposed.

1.9 Table summarizing important environmental impact and mitigation measure

IEE report shall be conducted on the basis of public participation and social environmental impact assessment.

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2. Document to be submitted

2.1 IEE report for not less than 15 copies

2.2 Front cover and title page shall be in line with the IEE report format as shown in Sor Por 7 Form

2.3 Certified letter, as shown in Sor Por 8 Form

2.4 List of the EIA study team, as shown in Sor Por 9 Form

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

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Sor Por 1 Form

Report Describing Important Impact to Environment,

Mitigation and Monitoring Measure

Environmental Important impact to Mitigation measure Monitoring and elements and values environment Inspection

Physical resources

Biological resources

Human use value

Quality of life value

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Sor Por 2 Form

Environmental Impact Assessment Report

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

Site of the Project ………………………………………………………………………………………....

Project’s Proponent ……………………………………………………………………………………....

Address …………………………………………………………………………………………………....

Power of attorney

( ) The project’s proponent hereby appoints ………………………..………………………………..

as an attorney to submit the EIA report as evidence shown in the attached power of attorney.

( ) The project’s owner does not give power of attorney to any person.

Prepared by

………………………………………………………

(Name of the legal entity that prepares this report)

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Sor Por 3 Form

Certified Letter

Date……..Month……….Year

This is to certified that …………………………………………………………….is responsible for preparing the environmental impact assessment report of the project …………………………………

……………………………………………… 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)

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Sor Por 5 Form

List of the EIA Study Team

Name/Education EIA Study Topic Current Office Proportion of the Signature & Address responsible part to the whole EIA report

(%)

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Sor Por 6 Form

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 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. Type of the 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) ………………………………………………………………………………...

EIA commissioning date …………………………………………………………………

Permission of the project

( ) This EIA report is prepared to apply for permission from……………………………………… (please specify a competent office) 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 feasibility study

( ) Not construct yet

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

( ) Test running

( ) Start operation

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

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Sor Por 7 Form

Initial Environmental Examination Report

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

Site of the Project ………………………………………………………………………………………....

Project’s Proponent ……………………………………………………………………………………....

Address …………………………………………………………………………………………………....

Power of attorney

( ) The project’s proponent hereby appoints ………………………..………………………………..

as an attorney to submit the IEE report as evidence shown in the attached power of attorney.

( ) The project’s owner does not give power of attorney to any person.

Prepared by

………………………………………………………

(Name of the legal entity that prepares this report)

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Sor Por 8 Form

Certified Letter

Date……..Month……….Year

This is to certified that …………………………………………………………….is responsible for preparing the initial environmental examination report of the project …………………………………

……………………………………………… 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)

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Sor Por 9 Form

List of the IEE Study Team

Name/Education IEE Study Topic Current Office Proportion of the Signature & Address responsible part to the whole EIA report

(%)

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