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

July 17, 2019

Updates to Thailand’s Environmental Laws

On May 29, 2019, three new acts were published in the Government Gazette to update existing laws and introduce new regulations relating to the protection and conservation of the environment. These laws will come into effect on November 25, 2019, and the implementation of all three will be overseen by special committees within the Ministry of Natural Resources and Environment.

Wildlife Preservation and Protection Act B.E. 2562 (2019)

Replacing the Wildlife Preservation and Protection Act B.E. 2535 (1992), this act lays out five categories of wildlife —preserved wildlife, protected wildlife, controlled wildlife, dangerous wildlife, and wildlife carcasses—and adds new species to the list of preserved wildlife for the first time (Bryde’s whales, Omura’s whales, leatherback turtles, and whale sharks).

Under the new act, the following violations are punishable by substantially increased prison terms, fines, or both:

  • Import, export, or transfer of preserved wildlife, carcasses of preserved wildlife, or products made from preserved wildlife;
  • Collection, endangerment, or keeping of preserved wildlife;
  • Hunting preserved wildlife or protected wildlife;
  • Keeping preserved wildlife that can be propagated (to be named by ministerial notification) without the proper certificate; and
  • Trading preserved wildlife or preserved wildlife that can be propagated without the proper certificate.

National Park Act B.E. 2562 (2019)

This supersedes the National Park Act B.E. 2504 (1961) as amended, although provisions of the old act remain in force unless they conflict with the new act. The new act extends protection to forest parks, botanical gardens, and arboretums (also called “nature learning parks”), increases existing penalties, and introduces some new penalties and bounties for catching violators. The new act notably prohibits the following activities in these areas:

Holding, building on, clearing, burning, degrading, or changing land in a protected the area (punishable by imprisonment for 5 to 20 years, a fine of THB 400,000 to 2 million, or both);

Collecting, extracting, endangering, or causing deterioration to wood, soil, rock, gravel, sand, minerals, petroleum, or other natural resources, or taking any other action that affects the ecology, biodiversity, or natural resources and environment;

  • Luring or taking wildlife out of the area, or causing any danger to wildlife;
  • Changing, closing, or obstructing a waterway, or causing the water in a river, creek, swamp, marsh, or ocean to overflow, dry up, or become putrid or toxic;
  • Entering into and carrying out any activity for the purpose of obtaining benefits;
  • Bringing in weapons or gear for hunting or trapping animals;
  • Shooting guns, causing explosions, or lighting fireworks;
  • Disposing of fuel that may be flammable; and
  • Moving, damaging, or destroying official boundary signs.

Community Forest Act B.E. 2562 (2019)

This act creates a separate level of protection for certain natural resources, and is intended to benefit communities who have been obstructed from using forest resources due to government reclamation or conservation efforts. Forests given this status are outside national park areas and must be conserved, restored, managed, and maintained by communities who benefit from the natural resources within the designated community forest. Only members of the designated community may collect or use resources from a designated community forest, and use is limited to residential or internal community purposes.

Communities of at least 50 people may apply for community forest status. In addition to empowering the Community Forest Committee in the Ministry of Natural Resources and Environment, the act also provides for provincial committees to be set up when needed.

For more information on these developments, or for any queries about conducting environmentally responsible business in Thailand, please contact Tanadee Pantumkomon at [email protected] or Praew Annez at [email protected].

RELATED INSIGHTS​ 

January 5, 2024
Thailand has opted to continue its reduction of rates for the sale and mortgage of certain types of properties to Thai individuals, as detailed in two ministerial regulations issued by the Ministry of Interior dated December 28, 2023, and published in the Government Gazette on January 2, 2024. In recent years, Thailand has allowed a reduction of the government fees for registering the sale and mortgage to Thai individuals of detached houses, semidetached houses, row houses, commercial buildings, the accompanying land, and condominium units with a sale price, official assessed value, and mortgage amount of up to THB 3 million. The reduced rates for these government fees are as follows: Sale: 1% of the officially assessed value (reduced from the normal rate of 2%). Mortgage: 0.01% of the mortgage amount (reduced from the normal rate of 1%). To be eligible for the reduced mortgage registration rate of 0.01%, both the sale and mortgage must be registered at the same time. These reduced rates will be valid until December 31, 2024. For more details on the reduced fees, or on any aspect of property law in Thailand, please contact Chaiwat Keratisuthisathorn at [email protected].
December 15, 2023
As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2023. This guide outlines the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Country Guides series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource for planning international business strategy and researching new markets. The full Guide to Doing Business in Thailand is available through the button below.
December 8, 2023
Thailand’s Ministry of Interior has extended the deadlines for payment of the 2024 land and building tax and related procedures by two months. The announcement was published in the Government Gazette on November 30, 2023. According to the new timeline in the ministry’s announcement, the official land and building tax assessment forms will be sent to taxpayers by the end of April 2024 (extended from February 2024) while the deadline for payment of land and building tax has been extended to June 30, 2024 (from April 30, 2024). For payments made in installments, the announcement also extended the deadline for each installment as follows: For more details on these measures, or any aspect of Thailand’s land and building tax, please contact Chaiwat Keratisuthisathorn at [email protected] or Supranee Arjjit at [email protected].
November 13, 2023
On November 6, 2023, Thailand’s Department of Lands issued a circular letter clarifying that the use of units in condominium buildings for hotel business operations is not allowed. Circular Letter No. Mor Tor 0517.3/Wor 23302, which was sent to all provincial governors in Thailand, explains this by emphasizing that although the Condominium Act (No. 4) B.E. 2551 (2008) rules that some condominium units can be used for commercial operations purposes, the term “commercial operations” does not include hotel business operations. This is in accordance with the Condominium Act’s primary aim of safeguarding the rights of condominium unit owners for residential purposes rather than for the purpose of commercial or hotel business operations. The circular letter also references Opinion of the Council of State No. 710/2550, which specifies that the commercial operations allowed under the Condominium Act are those providing services to the co-owners of a condominium building (e.g., convenience stores and restaurants) and further specifies that these commercial condominium unit areas must have separate exits and entrances that do not disturb the residents of the condominium building. In light of these considerations, using a condominium building for hotel business operations is not permissible, regardless of whether consent is obtained from the co-owners of the condominium building or whether the condominium building’s purpose is changed from residential to hotel purposes (whether in whole or in part). To use a condominium building for hotel business operations, the building owner would have to first cancel the condominium building’s registration under the Condominium Act so that it is no longer regarded as a condominium building. Then it can be used for hotel business operations, provided that the building and business operator comply with the requirements under the hotel law and other relevant laws and regulations (e.g., Building Control Act, Town and Country Planning