Legal Problems and Obstacles Concerning on the Use of the Prime Minister’s Special Autority for Solving Environmental Pollution Problems

Abstract

               This thesis aimed to examine legal problems and obstacles concerning the use of the Prime Minister’s special authority for solving environmental pollution problems by exercising the authority to tissue orders in case of emergency or danger being a serious risk to the public’s life, health, safety, and property or the state property. Violators or those who are not compliant with the orders or obstruct the orders shall be punished. A heavier penalty shall be imposed upon persons who obstruct and cause harm or damage from the pollution in accordance with the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992), Section 9 appurtenant to the Section 98.

               According to the study, it was found that the Enhancement and Conservation of National Environmental Quality Act did not give a definition of “emergency” and “public danger”, causing problems and obstacles for the Prime Minister in interpreting and exercising authority under the Section 9 appurtenant to the Section 98. This led to some problems that the Prime Minister should exercise the authority to solve pollution problems but is unable to do so, though it is a direct emergency and public danger. If such authority is given to provincial governors who are closer to the fact in their provinces to issue orders, the problems shall be solved in a timely manner rather than waiting for the orders given by the Prime Minister. Besides, the exercise of authority under the Section 9 is considered being redundant to the environment protection measures prescribed in the Chapter 3 on environmental protection of the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992), which is known as general environmental protection, causing confusion among persons who follow the law, especially factory operators or farmers feeding their families who have to compliant with the orders issued under the Section 9 and be punished under Section 98.

               The study recommends that the definitions of “emergency” and “public danger” should be given, and the authority should be given to provincial governors to declare an emergency or public danger without waiting for an order assigned by the Prime Minister. Punishment should be determined in the case of poor people or people who have intention to earn a living without knowing that there is an order of the Prime Minister that prohibits from doing something from the order.