A tool kit for Protecting the environment and natural resources in Kuraburi, Phang Nga Writers Ryan Knight, Kate Watson, Jennifer Dill, Patricia Moore and Katie Miller Compliers Radda Larpnun and Somsak Soonthornnawaphat International Union for Conservation of Nature The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN, the International Union for Conservation of Nature concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. The views expressed in this publication do not necessary reflect those of IUCN. This publication has been made possible by funding from BMZ and Livelihood and Landscape Strategy Programme Published by IUCN, Gland, Switzerland and Bangkok, Thailand Copyright © 2010 International Union for Conservation of Nature and Natural Resources. Reproduction of this publication for educational or non-commercial purposes is authorized without prior written permission from the copyright holder provided the source is fully acknowledged. Reproduction of this publication for resale or other commercial purposes is prohibited without prior written permission of the copyright holder. Citation Knight,R., Watson,K., Dill J., et al (2010). A toolkit for protecting the environment and natural resources in Kuraburi. Bangkok, Thailand: IUCN Thailand Programme and IUCN Regional Environmental Law Programme, Asia. Compliers Radda Larpnun and Somsak Soonthornnawaphat Cover photos © IUCN/ Pecthrung SUKPONG ISBN 978-2-8317-1267-3 Layout by Siriporn Pornsiritived Produced by IUCN Thailand Programme and IUCN Regional Environmental Law Programme, Asia Available from IUCN Asia Regional Office 63 Sukhumvit Soi 39 Sukhumvit Road, Wattana, Bangkok 10110 Tel. +66 2 662 4029 Fax. +66 2 662 4387 www.iucn.org/thailand A tool kit for Protecting the environment and natural resources in Kuraburi, Phang Nga Writers Ryan Knight, Kate Watson, Jennifer Dill, Patricia Moore and Katie Miller Compliers Radda Larpnun and Somsak Soonthornnawaphat A TOOLKIT FOR PROTECTING THE ENVIRONMENT AND NATURAL RESOURCES IN KURABURI, PHANG NGA 6 Government and Law in Thailand 14 Public Participation in Environmental and Natural Resource Management 15 Environmental and Natural Resource Management in Kuraburi 29 Fisheries 35 Aquaculture 37 Water Pollution and Water Quality 40 Wild Animals and Plants 44 Community Rules 49 Taking Action Introduction he people of Kuraburi in Phang Nga Province Thailand face many environmental and natural resources problems that are impacting their environment Tand livelihoods. Some of the problems relate to land use conflicts, unsustainable fishing and aquaculture practices, water pollution, and wildlife extinction. Increasing populations and limited available land means that, for some people, the only way to maintain their livelihood is to encroach on land that is not theirs. Local, small-scale fishermen complain of declining fish stocks and conflicts with the commercial fishing industry. Declining water quality resulting from water pollution is also a growing problem, as is the loss of rare plants and animals that are important to maintain a healthy environment. This booklet provides a basic summary of the most impor- Environmental tant laws and regulations that solutions start govern these kinds of issues. The law is not always clear, with us. and government bodies may have conflicting and overlapping responsibilities. However, local communities and government agencies can use this information as a stepping stone to understand how they can better manage their natural resources, while working together to protect both the environment and their communities. Laws and rules create structures for managing natural resources. Only by understanding these rules will communities know their rights, know their responsibilities, and know how best to engage the government to create sustainable solutions. Map 1 Government and Law in Thailand To understand how the laws and rules shows the ecology, for natural resource and environmental some land use, and management operate in Kuraburi, it is important to first understand the government boundaries structure of government and types of in Kuraburi, as well as laws and other rules in Thailand. some of the human Thailand is a constitutional monarchy. activities taking place The King is the head of state and the there like shrimp farms Prime Minister is the head of govern- ment, presiding over a Cabinet of and agriculture. Ministers. 6 / Table 1 sets out the levels of government in Thailand. LEVEL ADMINISTRATION GOVERNMENT Cabinet, Ministries & National National Government Departments Provincial Administrative Province Provincial Governor Organization District Chief District Officer Sub- Sub-District (Tambon) Sub-District Head District Administrative Organization Village Village Head or more than 10 years, the national government has been progressively decentralizing power to the provincial and local levels, including those related Fto environmental and natural resource management, under the Tambon Administrative Organization Act 1994 and the Provincial Administration Act 1997. The Cabinet may make Cabinet Resolutions in relation to any issue, including environmental issues. Cabinet Resolutions are orders from the Cabinet to do something; they may not always be legally enforceable. Ministries and their agencies make policies to establish the government’s goals for specific issues. Plans are like roadmaps that the government uses to help achieve the goals set out in policies. Policies and plans are not legally enforceable the way an act, regulation, or notification is. Royal decrees are issued by the King under the Constitution, an act, or in an emergency. A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 7 The National Assembly is the supreme body that makes laws to implement government policies. The court system interprets and enforces these laws. In addition to laws, or Acts, there are other types of legally-binding rules in Thailand, and it is important to understand the different types and their importance. Table 2 sets out the hierarchy of laws and other rules. CONSTITUTION supreme law of the land, and source of authority for all other laws ACTS ACTS passed by the National Assembly and accredited by the King ROYAL DECREE ROYAL DECREE REGULATIONS & proposed by Ministries and NOTIFICATIONS accredited by the King as specific passed by Ministries as specific rules to implement an Act or in an rules to implement an Act emergency situation 8 / ational Environmental and Natural N Resource Management Law in Thailand In Thailand, there are many acts governing natural resource and environmental management and many of these laws apply in Kuraburi. More specific regulations and notifications can be made under each act. The most important national law that deals with the environment is the framework Enhancement and Conservation of National Environmental Quality Act 1992 (NEQA). This act provides for environmental planning and standards, pollution controls, environmental impact assessments, funding for environmental projects, and conservation in declared Environmentally Protected Areas. Under this act, the Ministry of Road erosion of Natural Resources and Environment (MoNRE) has Na Yon canal at developed, and is now implementing: Bann Bang Soi: canal ecosystem • Policy and Prospective Plan for Enhancement and changed by human Conservation of National Environmental Quality 1997- activities © IUCN/ Somsak 2016 (National Environmental Quality Policy and Plan) SOONTORN- (approved by Cabinet 30 Jan 2006) which establishes NAWAPATH long-term environmental goals focused on sustainable development, better administration and community involvement. It also identifies specific environmental management objectives in relation to soil, wildlife, pollution, forests, mangroves and coastal resources. • National Environmental Quality Management Plan [2007-2011] which is a more detailed plan used to implement the National Environmental Quality Policy and Plan. A Toolkit for Protecting the Environment and Natural Resources in Kuraburi, Phang Nga 9 t the provincial level, provincial MoNRE offices must prepare Provincial Action Plans for A Environmental Quality Management. The purpose of these plans is to achieve integrated environmental quality management in accordance with the guidelines in the National Environmental Quality Management Plan and to implement that plan where: • an Environmentally Protected Area has been designated in the province by ministerial regulation, as advised by the National Environment Board; 10 / • the National Environment Board has designated a Pollution Control Area in the province, by notification in the Government Gazette. When this is done, the Provincial Environmental Action Plan for Environmental Quality Management must incorporate an action plan prepared by the relevant local authority to mitigate and eliminate pollution in the designated Pollution Control Area; • the province has identified a need to enhance and conserve environmental quality within the province. fter the tsunami in December 2004, MoNRE designated the province of Phang Nga, including A Kuraburi District, to be an Environmentally Protected Area from 2007 until 2011, by ministerial regulation under the National Environmental Quality Act. The Phang Nga Action Plan for Environmental Quality Management