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MAP TA PHUT

Projects be held until conditions met : LST


The Law Society of Thailand (LST) yesterday issued a statement demanding all construction of the 76 projects in the expansion phase of the Map Ta Phut industrial estate in Rayong province be immediately halted as per an earlier court verdict.

LST chairman Dejudom Krairit also dismissed claims by project owners that eight residents had agreed to allow construction near their homes continue, saying there was no evidence to substantiate their claims. Dejudom also dismissed claims that project owners had private companies do an additional environment impact assessment (EIA), saying there were no documents proving this claim.

On Thursday the LST will file an appeal against a request made by the government that the Central Administrative Court lift the injunction on all 76 projects.

Dejudom said the LST wanted to see project owners follow three conditions as required by law: they file thorough, twoway EIA reports; a new independent body regulating pollutioncontrol measures be set up; and a public hearing be held under the Constitution's Article 67.

In its statement, the LST also called on project owners to stop their public relations campaigns citing economic damage from the court injunction.

"Statements about huge economic damage and the loss of 100,000 jobs caused by the injunction are deemed as an intent to pressure or influence the [Central Administrative Court] judges. Such statements should be submitted as defence testimony, not released through PR campaigns to give a false impression to the public," the LST statement said.

Srisuwan Janya, chairman of the Stop Global Warming Association (SGWA), said he would submit a "people's bill" along with a legal amendment submitted by the Ministry of Natural Resources and Environment that was approved by the Cabinet yesterday and is due to undergo parliamentary scrutiny. He said the ministry's version had many hidden agendas, such as a condition that an independent body's approval would automatically be accepted if it was not disapproved within 90 days, or that the entire process be done under a minister's supervision.

The SGWA is going to launch a signature campaign to gather the names of 15,000 supporters of the people's bill. He said, in an ideal world, the 500 megaprojects outside the Map Ta Phut estate should also undergo public approval before they start as required by Article 67.

At a seminar held by Thammasat University, law lecturer Asst Prof Kittisak Prokkati blamed the Ministry of Natural Resources and Environment for its failure to make sure the EIA reports were scrutinised and approved by an independent body before giving the green light for the 76 projects to commence.

He also blamed five members of the Council of State for saying that a public hearing was not needed because there were no existing organic laws in the Constitution's Article 67 that make the publichearing process legally binding. Without naming any names, he said the five served as executive directors in some of those 76 projects.

"I think there is benefitsharing involved is the issue. There is probably money involved that makes some people blind," he added.

Preeda Tiasuwan, an adviser to the Social Venture Network Asia (Thailand), said the villagers and project owners were not enemies, but instead were victims to failed management by state authorities.

"All the problems have stemmed from politicians' misunderstanding of environmental issues and failed management of the state," he added.

He said politicians showed their lack of responsibility when they proposed that a fund worth hundreds of billions of baht be established to offer compensation to project owners and investors.

"National interest is never a concern for these decision makers. The money [to set up the fund] would come from taxpayers, the villagers and project owners themselves, while those politicians will contribute nothing," he added.





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