Related laws and regulations

At present, the laws and regulations of Thailand concerned with protection and resolve to pollution from oil spill. These were covered awareness, resolve and compensate for damages of marine and coastal resources and environment from oil spills.
  • Act on Navigation in the Thai Waters, 1913 (as amended until No.14, 1992)
Section 119 bis “No person shall pour, throw, or do by any means whatsoever, oil and chemical products, into any river, canal, marsh, reservoir or lake which is a communication path or for a common use of the public or the sea within the Thai waters, so that it may poison any living things or harm the environment or cause danger to the navigation thereto. Any person who violates this provision shall be liable to an imprisonment of not exceeding three years or a fine of not exceeding sixty thousand Baht, or to both, and shall also compensate any expenses incurred in the cleaning or rehabilitating thereof. Section 204 Any person who, by any means whatsoever, pours, throws or releases petroleum or oil mixed with leaking water into any port area, river, canal, lake or inner sea within the Thai waters, shall be liable to imprisonment not exceeding one year or to a fine from two thousand to twenty thousand Baht, or to both.
  • Enhancement and Conservation of the National Environmental Quality Act, 1992
Section 78 “The collection, transport, and other management for the treatment and removal of garbage and other solid wastes; the prevention and control of pollution from mining both on land and in the sea; the prevention and control of pollution from the exploration and drilling for oil, natural gas, and all kinds of hydrocarbon both on land in the sea, and the prevention and control of pollution resulting or originating from the discharge of oil and the dumping of wastes and other matters from sea-going vessels, tankers, and other types of vessel, shall be in accordance with the governing laws related thereto. Section 96 “If leakage or dispersion of pollutants caused by or originated from a source of pollution is the cause of death, bodily harm, injury, or ill health of a person or has caused damage in any manner to the property of a private person or of the state, the owner or possessor of suchsource shall be liable to pay compensation or damages therefor, regardless of whether such leakage or dispersion is the result of a wilful or negligent act of the owner or possessor thereof, except in the case where it can be proved that such pollution leakage or contamination is the result of: (1) Force majeure or war; (2) An act carried out in compliance with the order of the Government or State authorities; or (3) An act or omission of the person who sustains injury or damage, or of any third party who is directly or indirectly responsible for the leakage or contamination. The compensation or damages to which the owner or possessor of the source of pollution shall be liable according to paragraph one shall include all expenses actually incurred by the government for the clean-up of pollution that arose from incidents such as leakage or contamination. Section 97 “Any person who commits an unlawful act or omission by whatever means resulting in the destruction, loss, or damage to natural resources owned by the state or belonging to the public domain shall be liable to pay compensation to the state. Compensation shall represent the total value of natural resources destroyed, lost or damaged by such an unlawful act or omission.” Section 98 “Any person who violates or fails to comply with the order issued by virtue of section 9 or obstructs any act carried out in compliance with such orders must be punished by a term of imprisonment not exceeding one year or a fine not exceeding one hundred thousand baht, or both. In the case where a person who violates or fails to comply with the order or obstructs any act in compliance with such orders is the person responsible for causing danger or damage arisen from pollution, such person shall be punished by a term of imprisonment not exceeding five years or a fine not exceeding five hundred thousand baht, or both.”
  • Act on the Promotion of Marine and Coastal Resources Management, 2015
Section 17 “In the case that it appears that any person causes severe damage to marine and coastal resources, the Director-General or a person assigned by the Director-General shall have the power to order such person to temporarily stop an action or activity causing damage to marine and coastal resources as appropriate. Having given an order under paragraph one, if the Director-General or a person assigned by the Director-General deems that any action ot activity causing severe damage to the marine and coastal resources is under the responsibility of or relevant to any State agency, the Director-General or a person assigned by the Director-General shall notify and coordinate with such responsible or relevant State agency without undue delay to solve the problem that occurs in accordance with its powers and duties except, in case of emergency and if no action has been taken, the marine and coastal resources” information : Marine and Coastal Resources Research & Development Institute Date : April 11, 2560