NGO group vows to appeal court decision to lift injunction
Thailand's investment atmosphere yesterday got a big boost as most of the suspended industrial projects in Map Ta Phut and nearby areas got the go-ahead.
After the Central Administrative Court read its verdict, senior state attorney Banyat Wisuddhimark said only two projects - belonging to TOC Glycol and Thai Plastic and Chemical - of the remaining 65 projects would be categorised as "harmful" schemes subject to stringent requirements on environmental and public health protection. As such, their licences would be revoked.
However, Industry Vice Minister Puttipong Punnakan said the ministry would further study the court's verdict to determine the suspended projects' status with help from the Office of Natural Resources and Environmental Policy and Planning. A source from the Federation of Thai Industries estimated that between five and seven projects would see their licences revoked.
Though not all are off the hook, the plaintiffs were dismayed with the ruling.
Stop Global Warming Association president Srisuwan Janya said the non-government organisation would lodge an appeal in the Supreme Administra-tive Court because yesterday's verdict was unfair and illegitimate.
Originally, the Central Administra-tive Court last September issued an injunction suspending 76 projects worth a combined investment of more than Bt200 billion after a lawsuit filed by the Stop Global Warming Association and villagers. Their charges were directed against eight government agencies for failing to force the projects to comply with Article 67 (2) of the Constitution, which requires proponents of "harmful" schemes to hold public hearings and carry out environmental impact assessment (EIA) as well as health impact assessment (HIA).
On Tuesday, the National Resources and Environment Ministry's announcement required only projects included in its list of 11 categories of "harmful" industrial activities to comply with the constitutional article.
While the court cleared eight agencies of violating the law, they were denounced for negligence. Eventually, the court allowed the projects not categorised as harmful to resume their activities, while those on the hazardous list will see their licences revoked.
Srisuwan said yesterday's ruling was based entirely on the Natural Resources and Environment Ministry's list of 11 harmful projects, and this was illegitimate as the court proceedings ended in July, long before the announcement of the list. "Though some projects' operating licences will be revoked, I'm not pleased with the ruling," Srisuwan said. "We will appeal in the Supreme Administrative Court, and this will also encompass the 11 projects earlier allowed to resume operations.
"In our petition against government agencies for negligence, it is clear that they failed to force the 76 projects to comply with the Constitution. Still, the Natural Resources Ministry issued the list, which helped unlock many projects."
Suthi Atchasai, leader of the People's Network of the East, said villagers were disappointed with the ruling, though pleased with the court's acknowledgement of community rights. "The ruling was ambiguous, strange and redundant. And in the end, many projects have been allowed not to follow the Constitution."
The appeal, which must be filed within 30 days, will focus on the fact that Map Ta Phut is a declared environment-protection zone and there should be no more industrial projects in the area, he said.
Chainoi Puankosoom, president and chief executive of PTT Aromatics and Refining, who is the representative of PTT Group, said PTT's sixth gas-separation plant was not on the list of harmful schemes. Hence the company will ask the Department of Industrial Works immediately to grant an operating licence for the plant.
Siam Cement Group's chief financial officer Roongrote Rangsiyopash said it was unclear how many of its projects would face licence revocation, but there could be a few. He said to ensure the safety of local communities, SCG would comply with the Constitution, which requires HIA and public hearings.
An urgent meeting will be called for FTI members to affirm their commitment to conduct the HIA irrespective of whether the activity is on the list of those deemed harmful, to show the industrial sector's sincerity in safeguarding public health and environment, a source said.