You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 19, 2020

PTIT Focus: Providing Reports and Plans in Accordance with Environmental Management Procedures for the Decommissioning of Installations Used in the Petroleum Industry

Petroleum Institute of Thailand: PTIT Focus

Providing Reports and Plans in Accordance with Environmental Management Procedures for the Decommissioning of Installations Used in the Petroleum Industry

Clause 4 of the Ministerial Regulations Prescribing the Plan, Estimated Cost and Security for Decommissioning Installations Used in the Petroleum Industry B.E. 2559 (2016), which is issued under Section 14 (5), Section 80/1, and Section 80/2 of the Petroleum Act B.E. 2514 (1971), as amended by the Petroleum Act B.E.2514 (1971) (No.6) B.E.2550 (2007), provides that a concessionaire has the responsibility to proceed with environmental management procedures for the decommissioning of installations used in the petroleum industry, in order to effectively promote and preserve the quality of the environment. In addition, the procedures also cover research on environmental impact. The principles, procedures, and conditions of such reports and plans must be pursuant to the announcement of the Department of Mineral Fuels (DMF).

On 26 June 2018, the DMF issued the Announcement Prescribing the Principles, Procedures and Conditions for Providing the Reports and Plans in Regard to the Environmental Management Procedures for the Decommissioning of Installations Used. This announcement aims to ensure that the quality of the environment is effectively nurtured and preserved in the event that the installations or the area used for petroleum operations is decommissioned; it also covers research on environmental impact. The announcement prescribes that the concessionaire has the responsibility to provide a report and plan in accordance with a set of four environmental management procedures to the director-general of the DMF for approval, as follows:

  1. Decommissioning Environmental Assessment Report (DEA report): The DEA report must include (1) the installations that will be decommissioned; (2) procedures; (3) duration; (4) environmental information; (5) impact; and (6) the protection policy and monitoring plan. The DEA report must be prepared by a person who is licensed by the Office of Natural Resources and Environmental Policy and Planning to provide environmental impact assessment reports. Prior to providing the DEA report, the concessionaire will have to provide a report defining the scope of the research and the stakeholder plan for the approval of the director-general of the DMF.
  2. Best Practical Environmental Option Report (BPEO report): The concessionaire must consider the best and most suitable option for proceeding with the decommissioning, from all the options prescribed in the DEA report that was approved by the director-general of the DMF. The BPEO report must include important details such as the options and methods for decommissioning, procedures and criteria, and a summary of the most suitable option for proceeding with the decommissioning.
  3. Decommissioning Activity Environmental Management Plan (DEM plan): The DEM plan is related to the permanent closure and abandonment of the well, or the decommissioning, withdrawal, transportation, or demolition of the unused installation. The concessionaire has to lay out, among other things, (1) measures for protection and mitigation of environmental impact, (2) a cleaning plan, (3) removal of any contamination, and (4) a waste management plan. During the decommissioning process, the concessionaire must deliver an audit report on the operations in accordance with the aforementioned plans to the General Director of the DMF within 180 days of finishing the decommissioning activities.
  4. Post-Decommissioning Activity Monitoring Plan: When the decommissioning activities have been completed and the concessionaire has received general environmental information relating to Post-Decommissioning Activity Monitoring, the concessionaire must submit the Progress of Post-Decommissioning Activity Monitoring Report of environmental quality to the director-general of the DMF within the specified time limit. Moreover, the concessionaire also has to deliver the Post-Decommissioning Activity Monitoring Report for the DMF’s approval within the time limit specified in the above plan.

In conclusion, the government agencies not only stipulate the principles for decommissioning and security, but they also stipulate the responsibilities for the concessionaire in respect to providing the research and environmental impact assessment reports, which cover the pre-decommissioning assessment of environmental impact and the management plan during the decommissioning, as well as follow-up, auditing, and post-decommissioning assessment. These helpful measures protecting against environmental impacts help to ensure that decommissioning activities are carried out in a manner that promotes efficient and sustainable environmental protection in the future.

 

This article first appeared in the July 2019 edition of PTIT Focus, the Petroleum Institute of Thailand’s monthly newsletter. The article was published in both English and Thai. 

RELATED INSIGHTS​ 

May 25, 2026
After several years of policy discussion and continued efforts led by the Ministry of Commerce (MOC) to relax the list of reserved businesses under the Foreign Business Act B.E. 2542 (1999) (FBA), the reform process has now reached a significant milestone. On May 12, 2026, the Thai cabinet approved in principle two draft subordinate legislative instruments aimed at delisting certain reserved business activities under the FBA and reducing licensing requirements for foreign business operators. These developments signal a renewed and concrete effort by the government to modernize Thailand’s business regulatory framework in order to attract foreign investment and boost Thailand’s competitiveness in the global market. Nine Businesses Set for FBA Delisting Below is a list of the nine businesses that are being targeted for delisting from the FBA’s restrictions. A draft ministerial regulation would delist the first eight reserved businesses, while a royal decree has been drafted to delist the ninth business: Telecommunications services (Type 1 license only, covering operators without their own telecommunications infrastructure), under the supervision of the Office of the National Broadcasting and Telecommunications Commission. Treasury center services subject to the Foreign Exchange Control Act B.E. 2485 and under the supervision of the Bank of Thailand. Securities-collateralized lending, pursuant to the laws governing securities and exchange and derivatives regulated by the Securities and Exchange Commission. Agency, dealer, advisory, or fund management services relating to derivatives where the underlying assets fall outside the scope of the Derivatives Act B.E. 2546 (2003) Intra-group shared services, including administrative, human resources, and IT functions Intra-group domestic debt guarantee services Leasing of partial space for installation of financial service machines and automatic vending machines for employee use Petroleum drilling services Trading of agricultural product derivatives through a futures exchange, with physical delivery or receipt of agricultural products at a futures exchange–designated
February 10, 2026
Data center and cloud investments are forming a major focus of private-sector investment in Thailand, with tech giants like Amazon, Google, Microsoft, and TikTok, as well as numerous telecom and data center companies, committing significant outlays to data center and cloud development. The country’s Board of Investment (BOI) approved projects worth THB 1.87 trillion in 2025, and THB 746 billion of this was from planned data center investments—by far the largest amount from any single industry. Thailand’s swift rise as a regional data center hub is fueled by surging demand for cloud, AI, and digital services, as well as large-scale investments from global tech firms. The country’s strategic location, competitive power costs, robust fiber infrastructure, expanding IT talent, and supportive government policies—including BOI incentives and streamlined approvals—have made it an attractive destination for scalable and sustainable digital infrastructure investments. The BOI’s proactive approach in updating promoted categories and providing both tax and non-tax incentives further ensures Thailand’s continued growth in this sector. 2025 BOI Changes for Data Centers In the middle of 2025, the BOI responded to the remarkable trend by updating investment‑promotion categories across various sectors (e.g., machinery and electrical equipment, public utilities, digital and innovative industries) to accommodate growing investment in data‑center projects. Before the change, which was detailed in a notification that has applied to investment promotion applications submitted from July 1, 2025, onward, data‑center projects under BOI promotion were granted a single A1 incentive (an eight‑year corporate income‑tax exemption) and subject to one uniform set of conditions. The July 2025 notification restructured promotion for data centers into two categories based on power‑usage efficiency: high‑efficiency data centers and other data centers. Under these rules, qualified high‑efficiency data centers are eligible for an eight‑year corporate income tax (CIT) exemption, while for other data centers this exemption is
November 21, 2025
On November 17, 2025, Thailand’s Ministry of Interior introduced significant regulatory changes to make rooftop solar adoption easier and more cost-effective for property owners. Ministerial Regulation No. 72 B.E. 2568 (2025), issued under the Building Control Act B.E. 2522 (1979), was published in the Government Gazette on November 19, 2025, with immediate effect. Background Under the Building Control Act (BCA), any alteration made to a building requires either notification of the relevant authority or application for a building alteration permit—unless the alteration falls under a separate list of exceptions specified in the ministerial regulations issued under the BCA. In 2015, installation of solar rooftops on any residential building under 160 square meters was added to this list of exceptions, subject to inspection and notification requirements. The newly enacted regulation now eliminates many of these requirements and introduces a broader and more permissive framework to promote solar adoption nationwide. Key Changes Specifically, the regulation introduces three major changes: Expanded exemption from the definition of “building alteration”: The installation of solar panels on any building roof—regardless of the type of building or the total area of the installation—is no longer considered a building alteration under the BCA, provided that the total weight of the installation does not exceed 20 kg/m2. Removal of structural integrity certification requirement: The new regulation eliminates the obligation to obtain a structural stability certificate from a licensed civil engineer. Removal of notification requirement: Property owners or possessors are no longer required to notify the local authority before installation of a solar rooftop. Impact This significant streamlining of requirements for solar rooftop installation is expected to accelerate the adoption of renewable energy in the country, particularly for residential and commercial properties—similar to the way Thailand’s December 2024 removal of licensing requirements for factory solar rooftop installations encouraged such
September 25, 2025
Tilleke & Gibbins’ labor and employment team in Hanoi and Ho Chi Minh City has contributed the Vietnam chapter to Labor and Employment Disputes 2026. Drawing on the expertise of three of the firm’s employment specialists, the chapter provides practical guidance for navigating employment disputes in Vietnam and covers: Pre-action considerations: key requirements, third-party funding, contingency fee arrangements Issuing a claim: forum, territorial jurisdiction, standing, commencing claims, fees, service, defendants and legal personality, types of claims, time limits, counterclaims Case management: procedure, rules, amendments to claims, adding parties, consolidating proceedings, class and collective actions, evidence, witnesses, tactical considerations Interim relief: availability, requirements Trial: hearings conduct and time frames, confidentiality and public access, media reporting, elements of successful claims and burden of proof Alternative dispute resolution: available types, requirements and expectations, enforcement Collective employment and labor rights: enforcement and standing Remedies and enforcement: available remedies, assessing compensation, enforcement mechanisms Appeals: procedure, time frames, other means of challenge Updates and trends: recent cases and developments, technology developments, other issues The Vietnam chapter is available for download below. Tilleke & Gibbins also contributed the Cambodia and Thailand chapters to Labor and Employment Disputes 2026. Readers can also gain 30 days of complementary access to the full Labor and Employment Disputes 2026 guide and the rest of Lexology Panoramic’s varied offerings through this link.