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Supreme Administrative Court Judgment No. A.244/2553

País/Territorio
Tailandia
Tipo de la corte
Nacional - corte superior
Fecha
Sep 15, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Administrative Court
Sede de la corte
Bangkok
Número de referencia
Decided Case No. A.244/2553
Idioma
Tailandés
Materia
Desechos y sustancias peligrosas
Palabra clave
Participación pública
Resumen

The Plaintiffs claimed that the conduct of a waste disposal project was in contrary to the Constitution because there was no environmental impact assessment (EIA) and public hearing prior to the conduct of the project.

The Court considered that the scope of the requirements for an EIA and public hearing must be determined by implementing and existing legislation. The Court found that the project was not within the scope of projects which were required to conduct an EIA according to existing regulations. In addition, the project was aimed to improve the waste disposal system in the areas for which the Court found that the public benefits from the project outweighed the damage received by the Plaintiffs. The Court therefore decided that the Defendants did not act in contrary to the Constitution by not conducting an EIA. The Court upheld the Administrative Court’s decision that the project was not required to undertake public hearing according to the regulation of the Office of the Prime Minister on public hearing.

Texto completo
SAC 244.2553.pdf
1-2-53-244.pdf