Impact Assessment and the ASEAN Economic Community: A Way Forward for Regional Collaboration regional workshop in Hanoi, May 12-13,2015 CURRENT SITUATION OF EIA AND PUBLIC PARTICIPATION PROCESS IN THAILAND Mr. CHARAN THEPOUYPHON Environmentalist, Senior Professional Level Mrs. ROSALIND AMORNPITAKPUN Environmentalist, Senior Professional Level Office of Environmental Policy and Planning (ONEP) Thailand
Outline Law and Regulation EIA Process EIA Reform Opportunities
History of EIA in Thailand 34 types of project required EIA 36 types of project required EIA 1975 1981 Ministerial regulation of consultant qualification 1984 1992 2009 The Enhancement and Conservation of National Environmental Quality Act 22 types of project required EIA 2011 2015 11 types of project required EHIA 10 types of project required EIA
Law and Regulation The Enhancement and Conservation of National Environmental Quality Act (1992) Screening Types and sizes of projects or activities requiring preparation of EIA reports Types and sizes of projects or activities requiring preparation of EHIA reports Types and sizes of projects within the Environmentally Protected Areas
EIA Process EIA Preparation Guidelines General Guideline Sector Guideline ; for examples Guideline for Industry Guideline for Transportation Guideline for Power Plant Guideline for Water Resources Specific Guideline Guideline for Public participation in EIA Guideline for Health Impact Assessment in EIA
Approval process for EIA for general projects Project proponent Submit EIA to ONEP and Permitting Agency ONEP examines EIA and related documents (15 days) Not correct/ incomplete Correct/complete ONEP reviews EIA and make preliminary comments (15 days) Project proponent revises EIA Expert Review Committee reviews EIA within 45 days Reject Approve Permitting agency withholds the granting of license Permitting agency grants license including ERC s condition
Approval process for EIA of general projects (revision process) Project proponent Resubmit EIA ONEP makes comment 30 Days Revised EIA Expert Review Committee reviews EIA Approve Reject Permitting agency withholds the granting of license Permitting agency grants license including ERC s condition
Approval process for projects required the approval of the Cabinet Government Agency, State Enterprise Prepare EIA at the stage of conducting FS Expert Review Committee ONEP summarizes ERC s comments National Environmental Board Submit comment Cabinet Expert person / institute submit opinion Decision to approve or disapprove
9 Expert Review Committees 1. Mining, Mineral Smelting Industry 2. Petroleum Industry 3. Petroleum Refining Industry, Natural Gas Separation Industry 4. Industry and utilities 5. Building, Land Allocation, Hospital, Hotel, Resort 6. Thermal Power Plant 7. Water Transportation 8. Land and Air Transportation 9. Dam, Reservoir, Irrigation
Expert Review Committees 1. ONEP Secretary General Chairman 2. Permitting Agency or Committee representative 3. Experts or Specialists up Committee to 9 persons appointed by NEB 4. ONEP Official Secretariat
EIA Review Review, Approve/Disapprove by the Committee Technical experts related to project s impacts Professor in the university or experts/specialists from the government agencies Consider additional comments during review process EIA approval or disapproval is an administrative order, hence lawsuits can be filed against ERCs to the Administrative Court
EHIA Process Independent Organization reviews and makes comments after EIA approved by ERC Independent Organization 1. Representatives from private environmental and health organizations 2. Representatives from higher education institutions providing education in environmental, natural resources or health
Monitoring The permitting agency has to hold granting license until EIA report will be approved by the Expert Review Committee The permitting agency has to bind EIA measures to the license the private project. The project proponents must submit monitoring report to ONEP and permitting agency twice a year EIA & Monitoring database (eia.onep.go.th)
Public Participation in EIA EIA Process : at least 2 steps 1. Scoping : For preparing scope of study 2. Draft EIA : Public comment Draft EIA with mitigation measures EHIA Process : at least 4 steps 1. Scoping : For preparing scope of study 2. EIA preparation : Focus group 3. Draft EIA : Public comment Draft EIA with mitigation measures 4. Decision Making : Permitting agency organize public hearing
EIA Disclosure by Official Information Act (1997) Information Result of consideration or a decision which has a direct effect on a private individual Report and information related to Environmental, Health and Social impact assessment including public hearing report Mitigation measure implementation and monitoring report Report disclosed (Thai) Minutes of ERC s meeting EIA report Monitoring report
EIA REFORM Significant issues SEA Decentralize EIA review Revised EHIA process Monitoring Public participation
What opportunities are there for you or your agency to contribute to regional collaboration on EIA in Mekong and /or ASEAN region. Agreement 1998 1)Lower Mekong (Thailand, Laos, Cambodia, Vietnam) 1.1 Exchange experience. (may be under umbrella of MRC) 1.2 Learning in the past. 2.Scenarios 2.1 Set third party organization or committee. etc. may be like MRC, that should started by USAID. 2.2. Set method to look for budget,expert persons. ( USAID may be sent or 4 countries in Lower Mekong select) 2.3. Set strategic for Organization can operate on continuous by itself. 3. Processes 3.1 Set Std. EIA that excepted by 4 countries in Lower Mekong. ( different in many factors etc. social, culture,policy, water std., soil std.,air std.) 3.2. Test Std. EIA tool by run pilot project, example Dam, may be Don Sahong Dam. 4. Target (ASEAN Region) 4.1 there are tool ( Std. EIA) for 4 countries that excepted. Type of Std. EIA etc. dam, mining,port industries. 4.2 Cooperation expert,knowledge to do Std. EIA. 4.3 USAID wil receive benefit in the future : etc. a) original std. EIA for ASEAN region,b) sent person to keep experience. YEARS May 1998 2014 2015 AEC 2016 2017 2018 2019 2020
Topic of impact from Dam
Thank you for your attention
Law and Regulation related EIA (cont.) Types and sizes of projects in Forest Conservation Area Types and sizes of projects which may affect to ecosystem of the wetland of international and national importance
Projects within the Environmentally Protected Areas : Phuket Chonburi Phetchaburi Pachuapkirikhun Surat thanee Krabi Phaga Law and Regulation
Public Participation in EIA
Approval process for EHIA (private sector) Project proponent & Consultant Submit EIA to ONEP and Permitting Agency incorrect/ not complete ONEP examine EIA and related documents (15 days) ONEP review EIA and make preliminary comment (15 days) correct/complete Expert Review Committee review EIA within 45 days approved Reject Project proponent submit corrected EIA Submit approval result of ERC ONEP ONEP/ERC review within 30 days Permitting Agency or Government Agency who is the Project owner arranges the opinion hearing of the public and interested parties Submit approval EIA report / ERC approval comments / summarize main contents of mitigation measures independent organisations reviews and makes comments Permitting agency issues the license
Approval process for EHIA required the approval of the Cabinet Government Agency, State Enterprise Prepare EIA at the stage of conducting FS Expert Review Committee Enough document Submit approval result of ERC Project Proponent arranges Public hearing ONEP Submit approval report / opinion of ERC and summary of measures independent organisation review and make comments ONEP Submit opinion of ERC with summary of measures, Result of Public hearing and independent organization comments National Environmental Board Cabinet Decision approve or disapprove Expert person / institute submit opinion