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Supreme Administrative Court Judgment No. 311/2560

Country/Territory
Thailand
Type of court
National - higher court
Date
Mar 29, 2017
Source
UNEP, InforMEA
Court name
Supreme Administrative Court of Thailand
Seat of court
Bangkok
Reference number
Decided Case No. A. 311/2560
Language
Thai
Subject
Agricultural & rural development, Legal questions
Keyword
Agricultural land Land reform
Abstract

The Agriculture Land Reform Committee based its authority on the Land Reform for Agriculture Act and issued a regulation on “ Agreement to the use of natural resources in the land reform area in accordance with other laws” BE 2541 (1998).  Pursuant to the regulation, the permissions for mining in the areas under the land reform were granted, having considered that mining would render higher benefits for the nation. The court however ruled that the objective of the Land Reform for Agriculture Act was to ensure access to lands for agriculture by poor farmers as part of an effort to reduce economic inequality. The regulation, which resulted in the permission for mining was not for the purpose of agriculture. It was hence issued outside the scope of the Land Reform for Agriculture Act and ultra vires. The court decided to revoke the regulation.

Full text
Decision A 311-2560.pdf
Decision-Mining-AgriLandReform-SupremeAdminCourt.pdf
Website
enlawfoundation.org