Hughes Krupica: WASTE in Phuket the legal implications

Illegal Dumping
A key environmental issue which is taken lightly is the illegal dumping of waste, not only by corporations but also individuals. According to Navigation in Thai Waterways Act (volume 14) (last amended in 1992), dumping of any refuse/waste (including oil and chemicals) into a river, canal, lagoon, reservoir or lake which is used as a public passage, and which may pollute the environment or disrupt navigation in Thai waterways, is prohibited. Any person who breaches this law, will be punished by imprisonment not exceeding six months or by a fine not exceeding 10,000 baht, or both. In addition, according to S.380 of the Criminal Code, anyone who causes contamination of any well, pond or reservoir which is reserved for the public will be subject to imprisonment for not more than one month, or can be fined up to 1,000 baht or both.

Throwing Litter
It must be accepted that littering is a serious and growing problem in Thailand; even more so, it is becoming evident across many of the country’s coastal areas. It is important to understand the rules and regulations concerning littering in Thailand, as the implications of such acts can often be easily dismissed. Environmental regulations are issued under various laws, such as Cleanliness and Orderliness Act BE 2535 (1992) which prohibits the discharge of waste in public places. Furthermore, Section 20(1) of the Public Health Act, authorises local governments with powers to prohibit the discharge, emptying and leaving of waste or sewage to exist in a public place.

In addition to regulations concerning littering, there have been government enforcement measures introduced to further curb the growing litter problem in the country.

Bangkok is a good example of this. The Bangkok Metropolitan Administration created its ‘litter police’ (in Thai referred to as ‘thetsakji’) who are authorised to inspect and penalise (via fines up to no more than 2,000 baht) any person found throwing litter on the streets, in particular cigarette stubs.

Although, these measures create some awareness amongst the wider population, there is still a great deal of work to be done to create a greater sense of environmental responsibility. It may be the case that similar litter prevention measures may become the norm in other parts of the country, such as in Phuket, if individuals do not start to recognise their joint responsibility for protecting their local environment.

Burning Trash
Another significant environmental issue is of the burning of household waste, which is common across rural areas and in local communities of Phuket. Burning trash significantly worsens air pollution around us, and unreasonably interferes with an individual’s enjoyment of their property and life.

This area of environmental concern is perhaps given less importance than littering and illegal dumping, which are widely evident in public places. However, it must be acknowledged that burning waste has severe implications on the wider ‘public health’ and may also result in catastrophic risks to the life or property of another.

Burning trash may well trigger criminal liability for arson due to unforeseen consequences, such as causing injury to another. According to Section 220 of the Criminal Code, whoever sets fire to any material which may belong to himself and thereby causes injury to the another person or to a thing belonging to the other person, will be punished by imprisonment not exceeding seven years and may be also fined around 14,000 baht, or both.
There is of course another issue in Asia which is the current practice of burning palm oil husks, which continues every year to affect the health and lives of populations across the region with seemingly ineffective policies in place to date to combat this issue properly.

Conclusion
Despite clear rules and regulations concerning waste and environmental protection, Thailand faces a serious problem in controlling the amount of increasing waste on its land. For Phuket to maintain its global appeal of a leading holiday destination and attractive investment hub for the hospitality sector, further waste management and control measures may need to be enforced to preserve its reputation.

This is not only the responsibility of the government but also requires the joint efforts of residents and tourists, who should be aware of the need to act responsibly and, ideally, should have some knowledge of waste-related laws.

By Desmond Hughes (Senior Partner) and Zain Dhareeja (Senior Associate), of Hughes Krupica.
Hughes Krupica is a law firm which specialises in Real Estate; Construction; Hospitality; Corporate; Marine; Dispute Resolution; and Litigation, operating in Bangkok and Phuket, servicing clients in relation to their business activities in Thailand and in other regions of Asia. www.hugheskrupica.com