The Environmental Impact Assessment (“EIA”) In Thailand
The Environmental Impact Assessment (“EIA”) is basically an evaluation of the gravity of both potential positive and negative impacts of a development project. These potential natural impacts are measured and preparatory steps are taken in understanding. The EIA is regularly alluded to as an “investigation of the potential impacts, both positive and negative, of distinctive sorts of projects or exercises on nature’s domain, conditions or circumstances that may influence those projects or exercises, and in light thereof – measures for prevention, control and amendment before beginning of the projects or exercises.”
Development projects oblige EIA reports according to Section 46 and Section 51 of the Enhancement and Conservation of National Environmental Quality Act B.e. 2535 (A.d. 1992).
Projects Requiring Environmental Impact Assessment
The extremely late Notification of Ministry of Natural Resources and Environment, 2012 lays out a rundown of projects/ organizations that oblige EIA, and the time/ event for submission of the EIA report. Asides from projects/ organizations of public service, state or private ventures obliging the Cabinet’s determination and such projects/ organizations of public service and state undertaking that don’t require Cabinet’s determination, for projects/ business obliging the public service’s approval – the Notification sets out a rundown of 35 classes of industries that require an EIA, the ones highlighted for our objects being:
Append A, Notification of Ministry of Natural Resources and Environment, 2012
27. Structures as per the Building Control Act which are:
Structures which are 23 meters or taller and/or have a region of 10,000 square meters or more, and
27.1 placed in a range alongside the stream, lake, shoreline or near or in a national park or chronicled park
27.2 utilized for a retail and/or wholesale organizations
27.3 utilized as an office building
28. Land development for residential or commercial purposes as per Land Development Law of 500 area plots or more or with a range surpassing 100 rai
30. Inns as indicated by the Hotel Act having 80 rooms or more or have a usable region of 4,000 square meters or more
31. Residential building (Condominiums) as indicated by the Building Control Act
Environmental Impact Assessment Requirements
Enveloped in Section 49, which mandates that authorization to proceed with the project/ development/ business be withheld by the significant authorities until EIA approval is acquired.
Resulting to application, a Consultant enrolled with the Office of Natural Resources and Environmental Policy and Planning (“ONEP”) must be asked for to set up the EIA which will then submit the same to the recent which will assess the EIA report and thusly hold up the same for assessment by an ‘advisory group of masters’ (Expert Review Committee).
Pre Environmental Impact Assessment – Screening
Screening is the determination of whether an EIA is required, considering the size of potential natural impacts. In Thailand, the arrangements of projects/ exercises issued occasionally under the Act is the preparatory screening channel used to recognize projects/ exercises obliging Elias.
Checking is the centering of the EIA to the critical issues and the ID of the potential impacts obliging appraisal.
Public Participation is a huge model of the EIA, all through its process empowering Non-Governmental Organizations (Ngos) and important offices that would be potentially influenced by the projects/ orgs to render their remarks and/or encounters which will be appropriately considered in project development and assessment.
The EIA need to involve the accompanying data:
Official SUMMARY containing the accompanying data:
Sort and size of project including all related exercises
Project site with photographs and guide of site indicating ecological surroundings which may be influenced by project. Guide scale of 1:50,000 or as proper
Alternative alternatives of project site and project implementation strategy (reasons and legitimization)
Report portraying critical impacts the earth, mitigation and monitoring measures in compliance with Form Sor Por 1
Primary REPORT containing the accompanying:
Presentation containing foundation, goal and legitimization of the project including goals, degrees and strategy of the EIA Report
Site of the projects introducing photograph and guide of the site indicating natural surroundings which may be influenced from the project. Guide scale of 1: 50,000
Project points of interest giving an acceptable review of the project, for example, sort and size of the project, project implementation technique, or related exercises, and also a format of the project’s territory usage demonstrated in suitable scale and course
Present natural conditions with subtle elements and photographs of common assets and environment in both physical and organic perspectives, grouped with limit for restoration or absence of limit therefor; human utilization esteem; personal satisfaction; and additionally depicting current issues around the site together supplemented with photographs of encompassing zone; usage of area around the site and different territories that may be influenced from the project in the transient and long haul.
Alternative choices for implementation of the project – the EIA might portray such alternative alternatives, which may be an alternative regarding an alternative site for the project or the system of project implementation. Each proposed choice should be in accordance with the goal and might give reasons tended to the project’s objective and need of the project’s presence. Alleviating measures should be proposed under every choice and the most suitable alternative and defense of the project might be distinguished.
Assessment of ecological effect – assessment of both the immediate and indirect natural effect to regular assets and nature and to all such variables said in 2.4, arranged with limit for restoration or absence of limit therefor. Also, such assessment might likewise be directed for each one proposed alternative
Moderating and compensatory measures – points of interest of such mitigation and compensatory measures for such effect considered in 2.5
EIA HEADINGS/ ASPECTS
EIA Reports are created under 5 headings/ perspectives.
Existing Environmental Conditions
Ecological Impact Assessments
Moderating/ Prevention Measures
EIA FOR CONDOMINIUMS
As customized for Condominiums, EIA for Condominium Projects/ Developments blanket the accompanying, entomb alia:
Physical impacts (e.g. overshadowing of close-by building)
Living impacts (e.g. impact on airflow and heading of wind)
Human-utilization esteem (e.g. the procurement of parking areas and basic territories)
Impacts on personal satisfaction to neighborhood occupants (e.g. contamination created amid development)
ADMINISTRATIVE LEGISLATION FOR CONDOMINIUM PROJECTS/ DEVELOPMENTS
City Plan Act
Building Control Act
Natural Quality Protection and Promotion Act
Arrangement, expectation and estimation of natural impacts as contrasted with existing ecological conditions (previously, then after the fact).
Actualize preventive & moderating measures at a starting planning phase to helping the lessening of the expense of redressing natural restoration at the later date for the sake of reasonable development.
Surface natural contemplations into choice making and project planning.
EIA is focused around investigation of natural impacts of action in the project and its encompassing territories in collaboration with living, non-living life forms and nature in both the short and long haul.
Alternatives need be offered for consideration such as alternative implementation methodology and alternative sites complemented with comparative studies on project investment and financial return to subsist such measures.
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