Comparing Thai EIA with those of Japan and China KULTIP SUWANTEEP Murayama and Nishikizawa Laboratory Department of Environmental Science and Technology, Interdisciplinary Graduate School of Science and Engineering, Tokyo Institute of Technology, Tokyo, Japan suwanteep.k.aa@m.titech.ac.jp
Contents EIA system in Thailand and clarify the statistical data on EIA by identifying sectorial and regional trends Comparing EIA systems in Thailand, Japan and China 2
Information sources Databases from Office of Natural Resources and Environmental Policy and Planning (ONEP), Ministry of Natural Resources and Environment (MONRE), Thailand EIA cases in Thailand from Jan. 1991 – Aug. 2014 EIA information in Japan and China was mainly gathered from each country’s Ministry of Environment 3
History of Thai’s EIA 1975 The first Environmental law 1978 Preparation of EIA report in improvement project (trial) 1981 The first mandatory notification for EIA requirement was issued 1992 An act of legislation (act of Act of Parliament ) to prepare EIA report for the project 1997 Establishment of EIA act by law The Environmental Impact Evaluation Bureau (EIEB), Office of Natural Resources and Environmental Policy and Planning (ONEP), Ministry of Natural Resources and Environment (MONRE), are responsible for the administration of the EIA process for Thailand. 4
Type of EIA documents in Thailand • IEE is the initial study for forecasting the environmental impact. Initial • IEE normally uses primary data or available data and also Environmental has been used for the small project or the projects that have Examination (IEE) less impact. • EIA is the study for forecasting the environmental impacts, both negative and positive impacts from development projects or Environmental significant activities. Impact Assessment • EIA has been used to establish the appropriate mitigation (EIA) measures for preventing and mitigating environmental impacts for these projects or activities. • EHIA is the study for forecasting the environmental impacts for projects or activities which may seriously affect community. Environmental 5 • EHIA differs from consideration of the report of general Health Impact project or activities and whereas it is necessary to fulfill the Assessment (EHIA) requirements of section 67 of the Constitution of the Kingdom of Thailand. 5 Office of Natural Resources and Environmental Policy and Planning (ONEP), 2012
Environmental Impact Assessment (EIA) There are 2 approval processes as follows: 1. Approval process for projects activities which are required by law and projects or activities which are not required the approval of the cabinet . 2. Approval process for projects or activities required the approval of the cabinet. 6
Project Proponent Submit EIA Not correct/ incomplete ONEP Permitting Agency Resubmit the revised EIA Withhold the granting of permission report or the new EIA ONEP examines EIA (15 days) report depending upon the Expert Review Correct/complete Committee opinion ONEP makes preliminary comment (15 days) Approve Permitting Agency Expert Review Committee reviews EIA (45 days) Grant License Disapprove Project Proponent Resubmit the report to ONEP and permitting agency Permitting Agency Approve Grant License Expert Review Committee reviews EIA (30 days) Disapprove End of the reviewing process In case of disagree with ERC May file a lawsuit at opinion that disapprove report Project Proponent the admistrative court In case of agree with ERC within 90 days opinion that disapprove report Office of Natural Resources and Environmental Policy and Planning (ONEP), 2012
Project� Proponent� Government Agency, Submit� EIA� State Enterprise Not� correct/� � � incomplete� ONEP� Permi ng� Agency� Resubmit� the� revised� EIA� Withhold� the� gran ng� of� permission� report� or� the� new� EIA� ONEP� examines� EIA� (15� days)� report� depending� upon� the� Expert� Review� Correct/complete� Prepare EIA at the stage of conducting Feasibility Study Commi ee� opinion� ONEP� makes� preliminary� comment� (15� days)� Approve� Permi ng� Agency� Expert� Review� Commi ee� reviews� EIA� (45� days)� Grant� License� Disapprove� Expert Review Committee reviews EIA Project� Proponent� Resubmit� the� report� to� ONEP� and� permi ng� agency� Permi ng� Agency� Approve� Grant� License� Expert� Review� Commi ee� reviews� EIA� (30� days)� ONEP summarizes ERC ’ s comment Disapprove� End� of� the� reviewing� process� In� case� of� disagree� with� ERC� May� file� a� lawsuit� at� opinion� that� disapprove� report� Project� Proponent� the� admistra ve� court� In� case� of� agree� with� ERC� within� 90� days� opinion� that� disapprove� report� National Environment Board Submit comment The Cabinet Expert Person / institute submit opinion Decision to approve or disapprove Office of Natural Resources and Environmental Policy and Planning (ONEP), 2012
Environmental Health Impact Assessment (EHIA) There are 2 approval processes as follows: 1. Approval process for projects or activities which may seriously affect community which respect to Environment, Natural Resources and Health and are required permission by law and projects or activities which are not required the approval of the cabinet. 2. Approval process for projects or activities which may seriously affect community and required the approval of the cabinet. 9
Office of Natural Resources and Environmental Policy and Planning (ONEP), 2012 Project Proponent ONEP Permitting Agency Resubmit the revised EIA Withhold the granting of permission report or the new EIA ONEP examines EIA (15 days) report depending upon Correct/complete the Expert Review Not correct/ incomplete Committee opinion ONEP makes preliminary comment (15 days) Disapprove Expert Review Committee reviews EIA (45 days) Project Proponent Approve Resubmit the report to ONEP Approve ERC reviews (30 days) ONEP Resubmit the report to Submit ERC ’ s Disapprove ONEP and summary of opinion the measures End of EIA approve process Independents State agency which is organization append Project Proponent responsible for project/ opinion activity or Permitting In case of disagree agency in order to organize with ERC opinion that consultation with the public Permitting Agency disapprove report and interested parties May file a lawsuit at the Make clarification all related agencies admistrative court and reason of decision making publish In case of agree with ERC within 90 days on the website opinion that disapprove report
Government Agency, State Enterprise Correct the report Prepare EIA at the stage of conducting Project Proponent Feasibility Study Not enough document Expert Review Committee (ERC) ONEP summarizes ERC ’ s comment Enough document Project� Proponent� ONEP Submit� EIA� Submit ERC ’ s Resubmit the report to Not� correct/� � � incomplete� result ONEP� Permi ng� Agency� ONEP and summary of Resubmit� the� revised� EIA� Withhold� the� gran ng� of� permission� the measures report� or� the� new� EIA� State agency which is ONEP� examines� EIA� (15� days)� report� depending� upon� the� Expert� Review� Correct/complete� responsible for project/ Commi ee� opinion� Independents ONEP� makes� preliminary� comment� (15� days)� activity or Permitting agency organization append Approve� Permi ng� Agency� Expert� Review� Commi ee� reviews� EIA� (45� days)� in order to organize Grant� License� opinion Disapprove� consultation with the public Project� Proponent� and interested parties Resubmit� the� report� to� ONEP� and� permi ng� agency� Permi ng� Agency� Approve� Grant� License� Expert� Review� Commi ee� reviews� EIA� (30� days)� Disapprove� ONEP End� of� the� reviewing� process� In� case� of� disagree� with� ERC� May� file� a� lawsuit� at� opinion� that� disapprove� report� the� admistra ve� court� Project� Proponent� Submit the opinion of ERC, opinion of Independent In� case� of� agree� with� ERC� within� 90� days� opinion� that� disapprove� report� organization and consultation report National Environment Board Expert Person / institute The Cabinet submit opinion Decision to approve or disapprove Office of Natural Resources and Environmental Policy and Planning (ONEP), 2012
Quantitative data of EIA in Thailand
Total EIA projects implemented from 1991-2014 (Aug.) 13
EIA cases and proportions by sector 1% (31) 13% (840) 46% (2,908) 7% (429) Municipal services and buildings Mining 3% Energy (210) Transportation Petrochemical 9% (543) Industry Water resource and argriculture 21% (1,356) 14
EIA cases by region North North-East 200 300 150 200 100 100 50 0 0 Thailand West East 300 250 600 200 150 400 100 50 200 0 0 Central South 2000 600 1500 400 1000 500 200 0 0 15
Comparison of EIA system in Thailand, Japan and China
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