Problems Legal in the Possession of Restricted Trees under the Forest Act, B.E.2484

Abstract

The objective of this research was to study the problems related to the possession of restricted trees on public lands, the possession of temples, the possession of environmental foundations, planting of restricted trees on private land that has title documents, and subrogation of restricted trees. This research was qualitative research using a documentary research methodology.

The study results indicated that; 1) Regarding the issue of designation of planting areas for restricted trees under Section 7 of the Forest Act (No. 8) B.E. 2562 (2019) which states that restricted trees can be planted on private land that has title documents, 2) the issues regarding cutting down restricted trees planted on public land/temples or environmental foundations. There was no concrete statutory provision to regulate the issues of logging on public lands. Most of the problems encountered are illegal logging on public land, and 3) the Issue of subrogation of restricted trees from forests and public lands. The study found that, in the past, the problems of subrogation of restricted trees from forests and public lands have not been effectively resolved. It is because the amendments to the forest laws do not cover all the vulnerable points, such as unclear practical procedures for license issuance, the concept of amendments to the legal provisions related to forests, and whether planting or logging of restricted trees. There are still loopholes that allow for corruption activities.