land excavation and land filling act b.e. 2543 (2000)...

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LAND EXCAVATION AND LAND FILLING ACT B.E. 2543 (2000)1

BHUMIBOL ADULYADEJ, REX.

Given on the 25th day of February B.E. 2543 (2000) Being the 55th Year of the Present Reign

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim

that: Whereas it is expedient to enact the law governing land excavation and land

filling. This Act contains certain provisions concerning the restriction of personal

rights and freedoms, which, under Section 29, together with Section 35, Section 48 and Section 50 of the Constitution of the Kingdom of Thailand, can be done by virtue of the provisions of law.

Be it, therefore, enacted by His Majesty the King, by and with the advice and consent of the National Assembly, as follows:

Section 1. This Act shall be called the “Land Excavation and Land Filling

Act B.E. 2543 (2000).” Section 2. This Act shall come into force after the expiration of 30 days

from the date of its publication in the Government Gazette.

1 Translated by Chandler and Thong-ek Law Office Limited under contract for the Office

of the Council of State of Thailand's Law for ASEAN project.- Initial version- pending review and approval.

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Section 3. This Act shall apply in the following localities: (1) municipalities; (2) Bangkok Metropolis; (3) Pattaya City; (4) other local administration organizations established by a specific law

and announced by the Minister in the Government Gazette; (5) an area prescribed by a Royal Decree to be governed by the law on

building control; (6) a general planning area under the law on town planning. For the purposes of prevention of danger that may arise from land excavation

or land filling, if the land excavation or land filling may cause damage to personal properties or danger to the people, the Minister may, as deemed necessary, prescribe in an announcement that this Act shall be enforced in a locality other than those under paragraph one.

The announcement under paragraph two shall be posted openly by the local officer for at least 7 days before the effective date at the city hall, district or sub-district office, tambol administration organization office, kamnan’s office and village headman’s office of the locality specified in the announcement.

Section 4. In this Act: “soil” includes rocks, gravel or sand and organic matters mixed with soil; “ground” means the surface of land in its natural condition; “land excavation” means an act performed to the ground to bring soil up

from the ground or to cause the ground to become a soil pit; “soil pit” means a basin, pit, pond or underground void caused by land

excavation; “land filling” means any act performed to soil or ground to make the level of

soil higher;

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“earth mound” means soil that is higher than the ground level through land filling;

“site plan” means a map showing the condition, location and boundaries of the land to be excavated or filled, as well as adjacent lands and structures;

“specifications” means a statement describing details of the type of soil, depth of a soil pit where soil will be excavated or height of an earth mound where land will be filled, slope of the soil pit or earth mound, distance from the edge of the soil pit or earth mound to other person’s land or structures, method for preventing landslide or collapse of structures and method of land excavation or land filling;

“local officer” means (1) mayor, for a municipality area; (2) Bangkok Governor, for Bangkok Metropolis area; (3) mayor of Pattaya City, for Pattaya City area; (4) chairman of tambol administration organization, for a tambol

administration organization area; (5) head of local administrators of other local administration organizations

established by a specific law as a local administration, for such a local administration organization area.

(6) president of provincial administration organization, for a locality other than those under (1) to (5).

“Board” means the Land Excavation and Land Filling Board; “competent officer” means a person appointed by a local officer for the

execution of this Act; “Minister” means the Minister in charge of the enforcement of this Act. Section 5. This Act shall not apply to land excavation and land filling that

can be performed by virtue of another law which has already prescribed measures for prevention of danger.

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Section 6. For the purposes of prevention of landslide or collapse of structures and other matters required for compliance with this Act, the Minister shall, with the advice of the Board, have the power to issue ministerial regulations prescribing:

(1) an area where land excavation or land filling is prohibited; (2) relationship of the slope of a soil pit or earth mound to the type of

soil, depth and size of a soil pit where soil is to be excavated, height and area of an earth mound where land is to be filled and distance from the edge of a soil pit or earth mound to the boundaries of land or structures of other persons;

(3) method of prevention of landslide or collapse of structures; (4) method for providing protection and safety to workers and third

parties; (5) other rules, procedure and conditions for land excavation or land

filling. Section 7. Where there have been issued ministerial regulations

prescribing any matter under Section 6, a local administration organization shall comply with such ministerial regulations, except in case under Section 8.

Where there have not been issued ministerial regulations prescribing any matter under Section 6, a local administration organization shall have the power to issue a by-law prescribing such matter.

Where there have been issued a by-law prescribing any matter under paragraph two, if subsequently ministerial regulations prescribing such matter are issued, the provisions of the by-law that are contrary to or inconsistent with the ministerial regulations shall be repealed, and the provisions of the by-law that are not contrary to or inconsistent with the ministerial regulations shall continue to be in force until a new by-law is issued under Section 8, but it shall not be more than one year from the effective date of such ministerial regulations.

The repeal of the provisions of by-law under paragraph three shall not affect any act already done properly under such by-law.

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Section 8. Where there have been issued ministerial regulations

prescribing any matter under Section 6, the local administration organization shall have the power to issue a by-law on such matter in the following cases:

(1) issuance of a by-law prescribing details in such matter in addition to those prescribed in the ministerial regulations without being contrary to or inconsistent with such ministerial regulations;

(2) issuance of a by-law prescribing such matter that is contrary to or inconsistent with such ministerial regulations due to necessity or reason specific to the locality.

Issuance of a by-law under (2) shall become effective upon approval by the Board and authorization by the Minister.

The Board shall complete its consideration whether or not to grant approval for the by-law under (2) within 60 days from the date of receipt of such by-law. In case of disapproval, such local administration organization shall be informed of the reasons therefor.

If the Board does not complete its consideration of such by-law within the period under paragraph three, it shall be deemed that the Board has granted approval for such by-law, and the local administration organization shall propose the same to the Minister for further instructions. If the Minister does not give instructions within 30 days from the date of receipt of such by-law, it shall be deemed that the Minister has granted authorization under paragraph two.

Section 9. Notification or sending of an order of the local officer under

this Act shall be made in writing and sent by registered mail with return receipt requested, to the notifier, land excavator, land filler, land owner or his representative, as the case may be, at his domicile, or may be made in writing and such person shall be required to sign to acknowledge receipt of the order instead of delivery by mail.

If it is unable to proceed under paragraph one, a copy of the written notification or order, as the case may be, shall be posted at a conspicuous place at the area

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of land excavation or land filling, and the notifier, land excavator, land filler, land owner or his representative shall be deemed to be aware of such order upon completion of seven days from the date of posting of the same.

Section 10. The Minister of Interior shall be in charge of the enforcement

of this Act and shall have the power to issue ministerial regulations prescribing fees and expenses not exceeding the rates set out in the attachment hereto and to prescribe other businesses for implementation of this Act.

Such ministerial regulations shall come into force upon their publication in the Government Gazette.

CHAPTER I LAND EXCAVATION AND LAND FILLING BOARD

Section 11. There shall be a board called the “Land Excavation and Land

Filling Board”, comprising Director-General of the Department of Public Works and Town & Country Planning as Chairman, one representative for each of the Department of Mineral Resources, Department of Lands, Land Development Department, Department of Industrial Works, Fine Arts Department, Office of Natural Resources and Environmental Policy and Planning, Council of Engineers and Architect Council of Thailand and not more than four qualified persons appointed by the Minister, as members, and Chief of the Office of Building Control Board, Department of Public Works and Town & Country Planning, as member and secretary.

Section 12. The Board shall have the following powers and duties: (1) to provide advice in issuing ministerial regulations under Section 6; (2) to provide advice to the local officer in carrying out this Act; (3) to consider an appeal against the order of the local officer under

paragraph two of Section 34;

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(4) to perform other duties as assigned by the Minister. Section 13. Board members appointed by the Minister shall hold office for

a term of three years each. In case of appointment of a Board member while the term of the already

appointed Board members has not expired, whether it be appointment of an additional Board member or appointment of a replacement, the person so appointed shall retain office for the duration of the unexpired term of the Board members already appointed.

A Board member who has vacated office may be reappointed, but shall hold office for no more than two consecutive terms.

Section 14. Apart from retirement upon the expiration of the term of office

under Section 13, a Board member appointed by the Minister shall vacate office upon: (1) death; (2) resignation; (3) becoming a bankrupt; (4) becoming an incompetent or quasi-incompetent person; (5) having been imprisoned by a final court judgement, unless the

offence is related to an act of negligence or a petty offence. Section 15. At least half of the number of Board members shall form a

quorum for their meeting. If the Chairman is not present at the meeting or cannot perform his duties, the Board members present shall elect one among them to be the chairman of the meeting.

Decisions at a meeting require a majority of the votes. Each Board member shall have one vote. In the event of a tie, the chairman of the meeting shall cast an additional vote as the deciding vote.

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Section 16. The Board shall have the power to appoint sub-committees to conduct consideration or perform any acts as assigned by the Board, and to invite any persons to provide facts, explanation, advice or opinion.

Section 15 shall apply to meetings of the sub-committees mutatis mutandis.

Chapter 2 Land Excavation

Section 17. Any person wishing to conduct land excavation with the depth exceeding three meters from the ground level, or with the area at the top of the soil pit exceeding 10,000 square meters, or with the depth or area prescribed in the notification of the local officer shall notify the local officer on the form specified by the local officer by filing the following documents to provide information

(1) site plan of the area to be excavated; (2) map showing land boundaries and adjacent lands; (3) specifications prescribed in ministerial regulations issued under Section

6; (4) method of land excavation and soil transportation; (5) duration of land excavation; (6) name of the supervisor who must possess qualifications provided in

ministerial regulations; (7) address of the notifier’s office; (8) obligations of other persons interested in the land to be excavated; (9) other documents and details prescribed by the Board and announced

in the Government Gazette. If the notifier has properly proceeded as stated in paragraph one, the local

officer shall issue a notification acknowledgement on the form specified by the local officer as evidence of notification, to such person within seven days from the date of being notified,

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and the notifier may commence land excavation as notified, from the date of receipt of the notification acknowledgement.

If the notification is not made properly, the local officer shall require correction within seven days from the date of notification under paragraph one. If the notifier fails to make correction within seven days from the date of being required by the local officer, the local officer shall have the power to issue an order that the notification under paragraph one shall become invalid.

If the notifier has properly made correction within the period under paragraph three, the local officer shall issue a notification acknowledgement to the notifier within three days from the date of the correct notification.

The recipient of the notification acknowledgement shall pay fees and expenses as provided in ministerial regulations.

Section 18. Fees and expenses collected under paragraph five of Section

17 shall be revenue of the local administration organization of the locality where such land excavation is conducted.

Section 19. During land excavation, the land excavator under Section 17

must keep one set of the notification acknowledgement, site plan and specifications at the place of land excavation, which must be ready for examination by the competent officer.

If the notification acknowledgement is damaged, lost or materially destroyed, the land excavator under Section 17 shall request a substitute notification acknowledgement from the local officer within 30 days from the date of his knowledge of such damage, loss or destruction.

Section 20. The land excavator under Section 17 shall properly conduct

land excavation in accordance with ministerial regulations issued under Section 6.

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Section 21. The land excavator under Section 17 shall supervise his employees or representatives to comply with Section 20 and shall be liable for the act of his employees or representatives performed in the course of their employment or as assigned.

Section 22. Receipt of a notification acknowledgment from the local

officer under Section 17 shall not be grounds for protection of land excavation that causes damage to personal property or the environment. The land excavator, whether it be land owner, land possessor, employees or representatives shall be liable to pay compensation therefor, unless there are grounds for not being liable under the law.

Section 23. In digging a water well with the area of its top not exceeding

four square meters, the land excavator need not notify the local officer. Section 24. For land excavation with the depth not exceeding three

meters from the ground level, when it is to be conducted near the boundaries of another person’s land within the distance of less than two times the depth of the soil pit to be excavated, reasonable arrangements for prevention of landslide shall be made.

Section 25. During the course of land excavation, if an antique, work of art,

fossil, or mineral with economic or geological study value is found, the land excavator under Section 17, Section 23 or Section 24 shall suspend land excavation at that area and report the same to the local officer within seven days from the date of finding, and the local officer shall promptly notify the Fine Arts Department or the Department of Mineral Resources, as the case may be. In this case, the land excavator shall act in accordance with the relevant law.

CHAPTER III LAND FILLING

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Section 26. Any person wishing to conduct land filling with the earth

mound higher than the level of another owner’s adjacent land, and with the area of the earth mound not exceeding 2,000 square meters or with the area prescribed in the announcement of the local officer shall provide an adequate water drainage so as not to cause trouble to adjacent land owners or other persons.

The area prescribed in the announcement of the local officer under paragraph one shall not exceed 2,000 square meters.

For land filling with an area exceeding 2,000 square meters or exceeding that prescribed in the announcement of the local officer under paragraph one, in addition to providing water drainage under paragraph one, such land filling must be notified to the local officer on the form specified by the local officer.

If the notifier has properly proceeded as provided in paragraph three, the local officer shall issue a notification acknowledgement on the form specified by the local officer as evidence of notification, to such person within seven days from the date of being notified, and the notifier may commence land filling as notified, from the date of receipt of the notification acknowledgement, and the provisions of paragraph three, paragraph four and paragraph five of Section 17, Section 18, Section 19 and Section 22 shall apply mutatis mutandis.

Section 27. The land filler under Section 26 shall conduct land filling

properly in accordance with ministerial regulations issued under Section 6. Section 28. The land filler under Section 26 shall supervise his employees

or representatives to comply with Section 27 and shall be liable for the act of his employees or representatives performed in the course of their employment or as assigned.

CHAPTER IV COMPETENT OFFICER

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Section 29. Any person suffering damage or having reason to believe that

he may suffer damage from land excavation or land filling not complying with Section 20, Section 24 or Section 27 shall be entitled to request the local officer to order a stoppage of such land excavation or land filling.

Upon receipt of the request under paragraph one, the local officer shall order the competent officer to inspect the place of land excavation or land filling and give a report to the local officer. If the local officer considers that damage has occurred or may occur from such land excavation or land filling, he shall have the power to issue written order requiring the land excavator, land filler or land owner to stop the land excavation or land filling or to arrange for prevention of damage that may occur or to rectify such land exaction or land filling as deemed appropriate.

The local officer under this Section shall include a person authorized by the local officer.

Section 30. The competent officer shall have the power to enter and

inspect the place where there is land excavation under Section 17 or land filling under Section 26 to determine whether or not this Act, ministerial regulations, by-law or announcement issued under this Act has or have been complied with, between sunrise and sunset or during operating hours, and the land excavator, land filler or his representative or land owner shall reasonably provide assistance.

Section 31. If the competent officer considers that the land excavation or

land filling has caused or may cause damage to other person’s property, the competent officer shall report to the local officer to issue an order requiring the land excavator, land filler or land owner to stop the land excavation or land filling or to arrange to prevent damage that may occur or to rectify such land excavation or land filling, as the case may be, and the local officer shall have the power to issue written order as deemed necessary to prevent or discontinue such damage.

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In case of emergency, the competent officer shall issue written order requiring the land excavator, land filler or land owner to stop land excavation or land filling or to arrange to prevent damage that may occur or to rectify such land excavation or land filling as deemed necessary, and immediately report the same to the local officer. If the local officer approves the order of the competent officer, the local officer shall issue written order within seven days from the date of the order of the competent officer requiring such person to comply with the order of the competent officer, and the order of the competent officer shall be deemed an order of the local officer from the beginning.

If the local officer does not issue written order within the period under paragraph two, the order of the competent officer shall become invalid.

Section 32. In performing duties under this Act, the competent officer shall

show his identity card to the persons concerned. The identity card of the competent officer shall be in accordance with the

form prescribed in ministerial regulations. Section 33. In performing under this Act, the local officer and the

competent officer shall be an official under the Criminal Code.

CHAPTER V APPEAL

Section 34. Any land excavator, land filler or land owner who is dissatisfied

with the order of the local officer under paragraph two of Section 29 or paragraph one or paragraph two of Section 31 shall be entitled to appeal against such order, to the provincial governor within 30 days from the date of his knowledge of the order.

If the Bangkok Governor has issued the order under paragraph one in the capacity of the local officer, such order shall be appealed to the Board.

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An appeal under paragraph one and paragraph two shall not suspend the enforcement of the order of the local officer. If the appellant wishes to request a suspension of enforcement of the order of the local officer, he shall file a request for the suspension together with the appeal. In such a case, the provincial governor or the Board may approve the suspension with or without conditions or may order placement of money or security against damage that may occur.

The provincial governor or the Board, as the case may be, shall complete consideration of the appeal within 30 days from the date of receipt of the appeal.

The decision of the provincial governor or the Board shall be final.

CHAPTER VI PENAL PROVISIONS

Section 35. Any person conducting land excavation under Section 17 or

land filling under paragraph three of Section 26 without a notification acknowledgement from the local officer under paragraph two of Section 17 or paragraph four of Section 26, as the case may be, shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding Baht 50,000, or both.

If the act under paragraph one occurs in a land excavation or land filling prohibition area under Section 6 (1), such person shall be liable to imprisonment for a term not exceeding two years or a fine not exceeding Baht 100,000, or both.

Section 36. Any person who fails to comply with Section 20 or Section 27

shall be liable to a fine not exceeding Baht 30,000 and an additional daily fine not exceeding Baht 1,000 per day throughout the period of failure to comply.

Section 37. Any person who fails to comply with Section 24 and paragraph

one of Section 26 shall be liable to a fine not exceeding Baht 10,000.

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Section 38. Any person who obstructs or fails to reasonably provide assistance to the competent officer performing under Section 30 shall be liable to a fine not exceeding Baht 2,000.

Section 39. Any land excavator who fails to comply with Section 25 shall

be liable to imprisonment for a term not exceeding one month or a fine not exceeding Baht 5,000, or both.

Section 40. Any person who has received an order of the local officer to

stop land excavation or land filling under paragraph two of Section 29 or paragraph one or paragraph two of Section 31 and fails to comply with such order shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding Baht 50,000, or both.

Section 41. Any person who has received an order of the local officer to

arrange to prevent damage that may occur or to rectify land excavation or land filling under paragraph two of Section 29 or paragraph one or paragraph two of Section 31 and fails to comply with such order shall be liable to a fine not exceeding Baht 30,000 and an additional daily fine not exceeding Baht 500 per day throughout the period of failure to comply.

Section 42. All offences under this Act other than that under paragraph

two of Section 35 may be settled by the local officer or a person entrusted by the local officer. After the alleged offender has paid within 30 days the fine in the amount settled, the case shall be regarded as terminated under the Criminal Procedure Code.

Section 43. Where a partnership, company, or other juristic person

commits an offence under this Act, the director, manager or any person responsible for the act that is such offence shall also be liable to the punishment provided for such offence, unless he can prove that such act was performed without his knowledge or consent.

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Section 44. Where an offence is committed under this Act, an owner of

immovable property that is located close or adjacent to the land where the offence is committed and who suffers damage from the commission of such offence shall be regarded as an injured person under the law on criminal procedure.

TRANSITORY PROVISIONS

Section 45. Any person conducting land excavation or land filling that

requires notification to the local officer under this Act before the effective date of this Act in any locality shall comply with Section 17 or Section 26, as the case may be, within 15 days from the effective date of this Act in that locality, and after doing so such person shall be deemed to have received a notification acknowledgement under this Act. Countersigned by

Chuan Leekpai Prime Minister

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Fee and Expense Rates

Fees

(1) Fee for land excavation or land filling notification acknowledgement

Baht 2,000 per copy

(2) Fee for copying or photocopying

Baht 5 per page

Expenses

(1) Transportation for inspection of land excavation or land filling site

Payable as necessary and actually incurred

(2) Allowance for travel to inspect land excavation or land filling site

Payable as necessary in accordance with governmental regulations for those performing work, equal to the official rate

land excavation and land filling act b.e. 2543 (2000)...

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