legal Measures for Management and Control of Groundwater use According to Ground Water Act, B.E.2520

Abstract

This paper presents the problem of legal measures used to manage and control groundwater usage in Thailand under the Groundwater Act B.E. 2520 (1977), by studying legal measures related to groundwater in Thailand and other countries, theories and concepts of environmental management, control and monitoring of groundwater drilling permit and groundwater usage permit, and monitoring and inspection of groundwater drilling, groundwater usage and the drainage on groundwater resources. The Groundwater Act. B.E. 2520 (1997) has been in force for a long time and is therefore inconsistent with the current situation. The problems include the ambiguity of the provisions of the law, the enforcement of the law on groundwater drilling permits, groundwater usage, the drainage on groundwater resources, and the limitations on legal measures related to groundwater management such as laws on environmental violations, redundant of law enforcement agencies, the inefficiencies of law enforcement officer, restrictions on suing for damage to public property, and restrictions on litigation before administrative courts. To solve the problems, the writer proposes to amend the legal measures related to groundwater management and control in Thailand. First is an additional amendment to the issuance of groundwater business licenses on the provision related to community participation and consultations with stakeholders or representatives of the community. Second is an additional amendment on the monitoring of law enforcement after issuing groundwater permit on the community participation. Third is an amendment of the authority of local administrative organizations to determine the rate of groundwater usage and conservation fees. Fourth is an amendment of the authority of local administrative organizations on a duty to collect groundwater usage and conservation fees to support the Groundwater Development Fund. Lastly is a revision of the penalty fine on the illegal use of groundwater.