MINISTRY SEEK "FRIENDLIER" REGULATIONS

       In order to unlock the regulation halting 76 construction projects in the expansion phase of the Map Ta Phut industrial project in Rayong province, a key legal amendment to ministerial regulations will need to be tabled at today's Cabinet meeting. The amendment is expected to be approved right away.
       The amendment is being pushed by the Natural Resources and Environment Ministry because it wants to introduce a ministerial regulation that is "friendlier" than the Constitution's Article 67, which was cited by the Central Administrative Court when it issued an injunction on all megaprojects from being continued. The projects were halted at the request of local residents who say they are not being protected from decades-long exposure to toxic waste.
       Speaking at a press conference, the ministry's permanent secretary Saksit Sridej said the amendment was also aimed at fixing flaws in ministerial regulations, which would result in environmental impact assessments (EIA) being conducted more in favour of local residents while not being too demanding on business operators and project owners.
       When asked if the amendment, once it is approved, would favour the 76 halted projects, Saksit said the projects had already received EIA approvals under existing ministerial regulations.
       "But whether it is necessary for them to strictly comply with Constitution's Article 67 as demanded by the residents will depend largely on legal interpretations.
       "The ministry will also have to pay heed to the residents' complaints as well as listen to all parties involved, including project owners. All conflicts can be solved if parties involved stick to the principle that development can only continue if economic and environmental concerns are in balance," he said.
       Saksit added that a public forum in the five tambons of Rayong's Ban Chang district would be held in the next two weeks so all parties can air their complaints. Once the 120-day period has been completed, a series of proposed pollution-control measures would go into effect, as ordered by the Court. All details of the proposed measures need to be approved by all sides before they are submitted to the ministry for the initial green light and then put to the Cabinet for official approval, he added.
       Suthi Atchasai, an advocate of the residents, said he would lodge a criminal complaint on Wednesday against the Industry Minister and governor of the Industrial Estate Authority of Thailand for negligence of duty and their failure to prevent construction works from being continued. He added that several of the projects are still being continued despite the Court injunction.