Legal Obstacles to Trade of Economic Timber in Agricultural Land Reform

Abstract

Background and Aims: In agricultural land reform areas, laws controlling the timber trade guarantee sustainable forest management by discouraging deforestation and fostering environmental preservation. They also promote economic stability, safeguard landowner rights, and maintain a balance between the production of timber and agriculture for the long-term ecological and economic well-being. Thus, this research aims to study the trade of economic timber within land reformed for agricultural purposes and to find solutions to amend the legal obstacles in trading such timber.

Methodology: This research uses a qualitative research method. By studying from documents Other, academic work involves and electronic documents.

Results: The Forestry Act of B.E. 2484 (1941) has been amended under Section 7, which originally classified economic timber as restricted. Possession, felling, and processing of such timber required authorization from officials, regardless of its location within the kingdom. Violations were subject to criminal penalties. However, the amendment to the Forestry Act of B.E. 2484 (8th Revision) now stipulates that restricted timber found on non-forest land can be felled legally if the land is privately owned or possessed under rightful claims, including land with issued rights certificates.

Conclusion: The author identifies a problem in that, although the new law allows landowners with ownership or possession rights to fell, cut, or remove timber on their property, it conversely stipulates that on land granted for usage under specific types of rights certificates, only planted trees may be felled. It is observed that these two cases differ: land granted for usage under specific types of rights certificates cannot have naturally grown timber felled, even though this economic timber, whether naturally grown or planted by humans, should promote the trade of economic timber. This inconsistency undermines the promotion of economic timber trade, which is the principal intent behind the legal amendments. Therefore, this research recommends further revisions to the Forestry Act of B.E. 2484 (1941) to align with the intended principles and rationale.