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Supreme Administrative Court Judgment No. A.963/2556

Pays/Territoire
Thaïlande
Type de cour
Nationale - cour supérieure
Date
Déc 27, 2013
Source
UNEP, InforMEA
Nom du tribunal
Supreme Administrative Court
Siège de la cour
Bangkok
Numéro de référence
Decided Case No. A.963/2556
Langue
Thaï
Sujet
Environnement gén.
Résumé

The Plaintiffs challenged the legality of the decision of the committee of experts concerning an environmental impact assessment (EIA) of the Thai-Malaysia gas pipeline construction project and the approval of the project by the Marine Department.

The Court found that by approving the EIA in all parts except for the social aspects, the committee neglected its duty to approve the EIA in its entity. Nevertheless, because Section 49 of the Enhancement and Conservation of the National Environmental Quality Act B.E. 2535 provided that if the committee failed to conclude its review and consideration within the specified period, the report shall be deemed to have been approved by it, the Court therefore concluded that the EIA was approved and the approval of the project by the Department was not by a mistake as to the facts regarding the EIA.

The Court found that there was no existing regulation nor implementing legislation to Article 56 second paragraph of the Constitution at the time which required that opinions of an independent organizations must be obtained for the project at issue. The Court further concluded that the approval of the project was by an exercise of the power of the Department which was not within the scope of which the Department had to inform the subdistrict administrative organisation. Lastly, the Court determined that it was within the discretionary power of the Department to decide whether to take into consideration the public hearing report in the approval of the project.

Texte intégral
SAC A.963.2556.pdf
1-2-56-963.pdf