Legal Problems and Obstacles in Controlling Health-Hazardous Activities: Charcoal Burning and Storage

Abstract

   This thesis aims to examine legal problems and obstacles concerning the regulation of health-hazardous activities, specifically charcoal burning and charcoal storage. The study focuses on analyzing the provisions under the Public Health Act B.E. 2535 (1992) and its Amendment (No. 3) B.E. 2560 (2017), as well as relevant ministerial regulations and notifications issued by the Ministry of Public Health. The objective is to assess the appropriateness of current enforcement mechanisms at the local level and to propose improvements aligned with the rule of law, the principle of equality, and good governance.

   The findings reveal that the current legal framework lacks a clear classification of charcoal burning and charcoal storage activities based on their purposes. Consequently, law enforcement authorities are unable to effectively distinguish between subsistence-level activities and those conducted for industrial or commercial purposes. This results in unequal exercise of discretion and conflicts with the principle of equality. Moreover, the imposition of penalties under Section 85 in the form of administrative fines does not consider the offender's intent or contextual factors. As a result, small-scale household operators bear the same penalties as commercial operators, despite significant differences in their environmental impacts.

   Additionally, the composition of the fine determination committee is limited to state officials, excluding subject-matter experts or qualified individuals from relevant fields. This lack of inclusion presents limitations in terms of comprehensive academic and technical assessment.

   Based on these findings, the study recommends that the law clearly define and classify charcoal-related activities, particularly distinguishing subsistence activities from commercial ones. Furthermore, it proposes that Section 73 and Section 85 of the Public Health Act B.E. 2535 (1992) be amended to better reflect the principle of equality and local socio-economic contexts. The structure of the fine determination committee should be expanded to include experts in environmental science, economics, or public health, to ensure fair, transparent, and effective enforcement that sustainably protects public health.