ORDER OF THE HEAD OF THE NATIONAL COUNCIL
FOR PEACE AND ORDER
NO. 32/2560
RE: REMEDIES IN THE
CASE OF CONSTRUCTION OF BUILDINGS OR
ANY STRUCTURE ENCROACHING
INTO WATERWAYS
Since
the Navigation in the Thai Waters Act (No. 17), B.E. 2560 (2017) has come into
force from the 23rd of February B.E. 2560, unpreparedness in the law
enforcement of State officials and understanding of the public to comply with
the law have appeared. Therefore, in order to ensure that the enforcement of law
on the navigation in the Thai waters does not severely affect the overall
society in respect of conducting professions particularly in the agricultural
sector and the living of people along the river which are the traditional
community way of living including the effect on the persons subject to the law
enacted in B.E. 2515 and B.E. 2537, it is necessary to extend the time period
for the execution of the Navigation in the Thai Waters Act (No. 17), B.E. 2560
(2017) to ensure that the enforcement of law minimally affects the conditions
and ways of living of the people resulting in the benefit to the economy system
and public order.
By
virtue of section 265 of the Constitution of the Kingdom of Thailand in
conjunction with section 44 of the Constitution of the Kingdom of Thailand
(Interim) B.E. 2557, the Head of the National Council for Peace and Order, with
the approval of the National Council for Peace and Order, hereby issues the
Order as follows:
Clause
1. For the purpose of controlling
construction of building and any structure encroaching into waterways, within
sixty days as from the date this Order has come into force, an owner or
possessor of a building or any structure established prior to the date the
Navigation in the Thai Waters Act (No. 17), B.E. 2560 (2017) has come into
force which violates section 117 of the Navigation in the Thai Waters Act B.E.
2456 (1913) amended by the Navigation in the Thai Waters Act (No. 14), B.E.
2535 (1992) or a person obtaining permit under section 117 of such Act who constructed
a building or structure but failed to comply with the permission granted shall
notify the Marine Department of the violation or structure which is not
complied with such permission. In this regard, the person who notifies within
such prescribed time period shall not be liable to criminal penalty and
administrative fine for the offence committed before the 23rd of
February B.E. 2560 (2017).
Clause
2. Upon the completion of the
execution under clause 1, such person shall submit a document or evidence
illustrating the possession or permission to construct the building or structure
for the consideration of the Marine Department within one hundred and eighty
days as from the date of notification. The Marine Department shall issue an
order, in writing, to grant permission or not to grant permission within one
hundred and eighty days as from the date of receipt of complete document and
evidence.
Rules,
procedures and conditions for the notification under clause 1, submission of a
document or evidence for consideration of granting permission and procedure for
consideration under paragraph one shall be as prescribed in a Notification by
the Minister of Transport which shall consider the time period for construction
of building encroaching into waterways, effect and burden on an owner or
possessor, characteristics and safety of the use of building encroaching into
waterways, way of living of the people and community in the locality and impact
on water, environment or public interest in water transportation.
In
considering the permission for building or any structure encroaching waterways
constructed prior to the date the Navigation in the Thai Waters Act (No. 17),
B.E. 2560 (2017) has come into force and
the prescription of the characteristics of building and encroachment which may
be permitted under clause 1, the Marine Department shall apply the rules and
procedures prescribed in the Ministerial Regulation No. 63 (B.E. 2537) issued
under the Navigation in the Thai Waters Act B.E. 2456 (1913) mutatis mutandis
except in the case where such building or any structure was constructed prior
to the enforcement of the Ministerial Regulation, the Marine Department shall
consider permission in accordance with the rules as prescribed in a
notification by the Minister of Transport.
In
the case where there is a problem in applying the rules and procedure under
paragraph three and it is necessary for public interest or benefit of a
governmental agency the Marine Department shall propose to the Minister of Transport
to make a decision or order as deemed appropriate. The decision of the Minister
of Transport is final.
Clause
3. In the case where the
Marine Department issues permission order with the correction or order not to
grant permission and to demolish such building or object, an owner or possessor
of such building or structure shall complete to correct or demolish such
building or structure within the time period as prescribed by the Marine
Department. In this regard, it shall not be less than thirty days but shall not
exceed one year unless otherwise ordered by the Court. In the case where the
owner or possessor of a building or structure fails to correct or demolish
within the time period as prescribed by the Marine Department, such person
shall be liable under section 118 of the Navigation in the Thai Waters Act B.E.
2456 (1913) amended by the Navigation in the Thai Waters Act (No. 17), B.E.
2560 (2017).
Clause
4. In the case where a
building or other structure may be permitted under 118 bis paragraph
five of the Navigation in the Thai Waters Act B.E. 2456 (1913) amended by the
Navigation in the Thai Waters Act (No. 14) B.E. 2535 (1992), the Marine
Department may issue a permit to the owner or possessor and upon the
permission, such person shall, for the time being, pay an annual remuneration
in accordance with the rate as prescribed in the Ministerial Regulation No. 16
(B.E. 2537) (1994) except if it is other cases as prescribed in a Notification
by the Minister of Transports until the Ministerial Regulation prescribing the
procedure and rate for remuneration issued under section 117 bis
paragraph one of the Navigation in the Thai Waters Act B.E. 2456 (1913) amended
by the Navigation in the Thai Waters Act (No. 17), B.E. 2560 (2017) is promulgated.
Clause
5. No competent official or
State official related to the execution of the law or this order shall abuse
his or her position or act or fail to act under his or her position being
prejudiced in favour of assets or other benefits in order to obtain assets or
other benefits for himself or herself or other persons. In the case where it
appears that an act of nonfeasance, negligence or omission of any competent
official or State official has been committed, the Commander shall have the
power to initiate a civil, criminal and administrative case against such
competent official or State official expeditiously and strictly.
Clause
6. An owner or possessor of
building or other structures who has notified the Marine Department under
section 18 of the Navigation in the Thai Waters Act (No. 17), B.E. 2560 (2017)
and the owner or possessor, prior to the date the Navigation in the Thai Waters
Act (No. 17), B.E. 2560 (2017) has come into force, who has notified prior to
the date this Order has come into force, shall be a person who notifies under
clause 1 and shall proceed to undertake an act under clause 2 of this Order.
Clause
7. In the case where it deems
appropriate, the Prime Minister or Council of Ministers may propose to the
National Council for Peace and Order to amend this Order.
Clause
8. This Order shall come into
force as from the day following the date of its publication in the Government
Gazette.
Given
on the 4th of July B.E. 2560 (2017)
General
Prayut Chan-O-Cha
Head
of the National Council for Peace and Order
(c)2017 Natthanicha Lephilibert, Krisdika Counsel, Professional Level, Office of
the Council of State, under her own capacity. (aneksomboonphon.natthanicha@gmail.com)
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