Foreign Investors Worry About Court Order Suspending Projects

[webfact]

Foreign investors worry about court order suspending projects

BANGKOK, Oct 3 (TNA) – Thailand’s Finance Minister Korn Chatikavanij on Friday conceded that foreign investors are concerned over the Central Administrative Court’s order regarding 76 industrial projects in the Map Ta Phut industrial estate in the eastern seaboard province of Rayong suspending their operations.

Speaking through the Sky Link system from Istanbul, Turkey, where he is attending the 2009 Annual Meeting of International Monetary Meeting-World Bank Board of Governors, Mr. Korn said businesspersons from Belgium, Norway, and Sweden spoke to him expressing their concern over the court order.

The minister said he told them that the government had already appealed the court order since it is confident that the implementation of the projects does not breach the Thai Constitution.

What the government must do now is to urgently clarify the definition given by the projects’ opponents about the adverse impacts on the environment so that investment projects which have won approval for implementation are allowed to proceed.

Mr Korn acknowledged that foreign investors might withdraw their investment in the Stock Exchange of Thailand (SET) if the suspension order drags on.

However, the finance minister said he believed that investors would not yet withdraw their stakes in setting up production plants in Thailand because they are long-term investments.

Mr. Korn said the economies of Asian countries--particularly Japan, South Korea and Thailand--had recovered markedly since the second quarter of this year.

Because of this, foreign investors are confident and want to make further investments in various industries in these countries, he added. (TNA)

-- TNA 2009/10/03

[jasreeve17]

In this case, the present government seems to be working with big business and against the best practice for Thais and Thailand. (I hasten to add: I doubt other governments were any better and let's keep this thread clear of political bickering...)

Over the last couple of weeks I've been watching presentations on environmental problems in Thailand; several on Map Ta Phut, and what I've learned is a disgrace: Environment destruction, human illness and death on a massive scale, total disregard for laws and regulations - both Thai and international laws and regulations.

This area shows us the worst that big business / corruption offers society; i.e. it kills people and destroys the environment for the sake of quick cash.

I fully support the Thai courts with their efforts to 'clean up' (both enviromentally and politically) the area and force big industries to act within the confines of the law (they've clearly shown their inability to self-regulate...).

Edited October 3, 2009 by jasreeve17

[mellow1]

In this case, the present government seems to be working with big business and against the best practice for Thais and Thailand. (I hasten to add: I doubt other governments were any better and let's keep this thread clear of political bickering...)

Over the last couple of weeks I've been watching presentations on environmental problems in Thailand; several on Map Ta Phut, and what I've learned is a disgrace: Environment destruction, human illness and death on a massive scale, total disregard for laws and regulations - both Thai and international laws and regulations.

This area shows us the worst that big business / corruption offers society; i.e. it kills people and destroys the environment for the sake of quick cash.

I fully support the Thai courts with their efforts to 'clean up' (both enviromentally and politically) the area and force big industries to act within the confines of the law (they've clearly shown their inability to self-regulate...).

All of us should make every effort to keep our environment clean, be it here in Thailand or anywhere else. But I think money will win in this case. I believe one of the reason that some of these companies are here, is to avoid environmental regulations which are enforced in their home countries, therefore driving production cost down, as well as liabilities.

[Publicus]

Kuhn Korn's statement is astounding not to mention insincere. He says the government now must urgently clarify the definition given by the projects' opponents so that investment projects are allowed to procede.

Allowed to procede?

It sounds like money talks while Thai people die.

It sounds like money talks while Thai lands, water and air become uninhabitable.

This court order constitutes good work by the Thai judiciary and the civil society groups who brought the action.

Let's follow this as developments occur.

[Thai at Heart]

Mapthaphut is industrial development gone crazy. For safety reasons alone, there shouldn't be this level of chemical/industrial development all in such ridiculously close proximity.

[animatic]

There is nothing that says the projects can't continue,

BUT they must meet CURRENT environmental standards.

The lost getting a bye from passing a less strict older set of rules.

This of course costs money, which scares investors.

At the moment the government MUST keep investors,

so the appearance of siding with them could have a calming effect,

even if it is not terribly serious, and more for show. Conjecturally.

Certainly the court is on the right track and this place MUST have strictly enforced controls.

AND clean up of existing destruction. The later of course will need money and that means investors,

catch 22 all over again.

[Soutpeel]

Mapthaphut is industrial development gone crazy. For safety reasons alone, there shouldn't be this level of chemical/industrial development all in such ridiculously close proximity.

Please give some examples then, I worked in MPT industrial estates for many years, and personally its one of the better run estates as compared to soome I have worked at in both UK and US.

I would suggest you have never even been/seen MPT....

[Thai at Heart]

Mapthaphut is industrial development gone crazy. For safety reasons alone, there shouldn't be this level of chemical/industrial development all in such ridiculously close proximity.

Please give some examples then, I worked in MPT industrial estates for many years, and personally its one of the better run estates as compared to soome I have worked at in both UK and US.

I would suggest you have never even been/seen MPT....

Considering that I was only there last week visiting Aditya Birla Chemicals, Glow and Bluescope, and spend about 4 days a month down there I would suggest you don't make crass statements.

I didn't ever say it was badly run, I said that it has a large amount of certain types of industries all in very close proximity. The pollution that these facilities are already producing means that I believe the court case is well merited.

Edited October 4, 2009 by Thai at Heart

[bluesmith]

As if the political uncertainty in Thailand is not enough to deter foreign investors then this comes along yes it has to be clean and safe for people I agree.

But 76 projects in one go stoped that would scare the paints of any investor. I wonder what come first Map ta Phut industrial estate or the houses around it.

[Plus]

Democrat Kobsak said once that Thailand should stop investing in heavy industry, but apart from that there's nothing to suggest that Thailand would turn away 330 billion baht worth of investment. The villagers cannot stop it either.

The problem is not in "if" they were allowed to proceed but HOW. They've met Thai criteria for environmental impact when they applied and were approved, but 2007 Constitution later added health impact study, local participation, and independent environmental body. As far as the issue being reported, investors have no problems with new regulations per se, they just don't like rules being changed half way through the game. Also "independent" body is not clearly outlined in the constitution, and there's disagreement between the govt and activists how it should be formed, and that could delay its formation forever.

Thailand is pretty clear that it wants the industries NOT to pollute, and so far they apparently agree. The problem is Thailand can't organize its own rules and regulations, and that spells delays.

I doubt any investor wants the replay of the prolonged 3G saga where Thailand's inability to set the rules has delayed the implementation by about ten years already and still counting.

[webfact]

UPDATE

MAP TA PHUT

Court ruling shakes foreign investors' confidence

By Petchanet Pratruangkrai

The Nation

Published on October 5, 2009

Foreign investors are observing the ongoing legal wrangling over industrial development with grave concern, urging the government to carefully address the issue and balance economic and environmental concerns.

The Central Administrative Court last week ordered an injunction against 76 industrial projects worth over Bt400 billion in Rayong, pending a final judgement on claims against eight government agencies by Rayong residents and the Anti-Global Warming Association.

"We [foreign businesses] are particularly concerned that the ruling might lead to projects not being able to make their contractually committed commercial-operations date, or that project financing might be withdrawn from Thailand due to the uncertainties," said Nandor von der Luehe, chairman of the Joint Foreign Chambers of Commerce in Thailand (JFCCT), after the ruling.

Saying that foreign businessmen are as concerned with the ruling as Thai businessmen, he said that to avoid hurting investor confidence, the government needs to promise fairness, predictability, the upholding of the rule of law and an environment of consistency in which to set up, operate and develop businesses in Thailand.

He added that investors respect that the court ruling was based on existing laws.

"The foreign business community fully supports environmental protection but at the same time the government should look at the laws [to see] whether they are balanced in support of environmental protection and at the same time supportive to investments," he said.

The Attorney General's Office on Friday filed an appeal to the Supreme Administrative Court. PTT Group, which owns 25 of the projects, has cried foul over the injunction. It plans a brainstorming session with other operators to seek a way out, if the appeal is turned down.

Among the 76 projects, several belong to foreign companies, including three owned by India's Aditya Berla Chemicals, two by Germany's Bayer, and one each by Australia's Bluescope Steel and Japan's JFE Steel Corporation. Several of them are joint ventures between Thai companies and foreign partners, like Siam Yamato Steel, a joint venture of Siam Cement Group and Yamato Steel; and MTP HPPO Manufacturing, a 50-50 joint venture between Dow Chemical and Siam Cement Group.

Munenori Yamada, president of the Japan External Trade Organisation (Jetro)'s unit in Bangkok, said that to increase foreign investors' understanding of the situation, Thailand needs to formulate and implement balanced environmental protection and economic development laws.

The Thai government could utilise the experience of the Japanese government, which faced and resolved similar difficulties in 1970s and 80s through adopting new technologies and proper regulations, Yamada said. This would help Thailand clear up its policies on investment promotion in the future, he said.

Dusit Nontanakorn, chairman of the Board of Trade of Thailand and the Thai Chamber of Commerce, said the court ruling had dangerously shaken investors' confidence, as it created a sense of uncertainly over regulations.

He backed the government's move to appeal and urged it to urgently boost investor confidence, or investors may consider shifting to other countries.

He said that nobody wants to invest in a country with unclear regulations, insisting that professional businessmen are now taking into account environmental concerns.

"Nobody wants to break the rules or cause troubles in the countries they are operating in. The Thai government must speedily clear up the conflict to further attract investment, as it is still necessary for the country's economic development," he said.

-- The Nation 2009/10/05

[Thai at Heart]

Interesting article from the newspaper that we can't mention stating that Abhisit is asking the NESDB to investigate which investment projects the country "doesn't want", and hoping to replace them with tourism instead.

I am sure the foreign business community must be over the moon to hear that one.

FDI is going to take a big hit in the coming years it seems.

[thaihome]

Mapthaphut is industrial development gone crazy. For safety reasons alone, there shouldn't be this level of chemical/industrial development all in such ridiculously close proximity.

Please give some examples then, I worked in MPT industrial estates for many years, and personally its one of the better run estates as compared to soome I have worked at in both UK and US.

I would suggest you have never even been/seen MPT....

Considering that I was only there last week visiting Aditya Birla Chemicals, Glow and Bluescope, and spend about 4 days a month down there I would suggest you don't make crass statements.

I didn't ever say it was badly run, I said that it has a large amount of certain types of industries all in very close proximity. The pollution that these facilities are already producing means that I believe the court case is well merited.

I agree that many of the existing plants emit way too many pollutants, but how does stopping new plants make that any better? In fact it does not and anyone that has dealt with the community groups that caused this knows this is nothing but an attempt to increase the amount of money companies must pay for “community relations”. If these groups were indeed interested in stopping and fixing the problems they would be going after the companies and plants are polluting so now. Problem is there is no community payoff for that.

TH

[Publicus]

Investors know Thailand is a developing country and as such it has evolving laws, rules and regulations regarding environment, labor and trade.

Foreign companies investing in Thailand, whether in joint ventures or otherwise, also know that the body of laws in these sensitive matters are going to change during the course of construction or online operation. Investing in a developing economy/country requres preparation to be flexible and knowledge of which laws are likely to be changed and by which governments.

So these investors and their international chamber of commerce people need to stop crying crockodile tears and do their homework and proper planning and preparations to meet the exigencies of laws, rules and regulations that always will change in respect to environment, labor and the like.

Which investor doesn't know Thailand is disorganized and that the bureaucracy is slow? Which investor doens't know that courts will rule on their investments because their investments have a direct impact on the communities and that organized groups will lend expertise to local residents in such efforts? Which investors don't know that in developing economies payoffs are a normal operating cost?

The developers need to try to sell their bellyaching somewhere else because no one is buying it here.

[webfact]

UPDATE

PM inviting officials to assess industrial project suspensions

BANGKOK, Oct 7 (TNA) – Prime Minister Abhisit Vejjaiva on Tuesday said he will invite key officials of ministries and agencies concerned with the environmental impact issue to discuss ways to comply or otherwise respond to the Central Administrative Court’s order suspending 76 investment projects in the Mab Ta Put industrial estate in Thailand’s eastern seaboard province of Rayong on Wednesday.

The Administrative Court recently issued an injunction ordering the suspension of the projects because they did not pass a health impact assessment as required under Section 67 of the Constitution.

The premier said the case is not over since the government has appealed the court’s order.

In principle, he said, the government wanted the project development process to proceed, in order to boost investor confidence. But the hardship people are facing from the implementation of projects with inadequately environmental protection must also be recognised.

“We must properly understand the rules and regulations, and what the government should do. Undeniably, we (the Thai economy, including employment) will take a toll if the investment projects are suspended.

“But we must understand the public’s hardship as well. It is not right to tell them to make a sacrifice for the sake of investment,” he said. (TNA)

-- TNA 2009/10/07

[jasreeve17]

Publicus makes some solid points, and he makes them well.

Animatic said: 'Certainly the court is on the right track and this place MUST have strictly enforced controls.

AND clean up of existing destruction.' Now, I can speak some magic words - I agree with Animatic.

I also partially agree with TH; the existing problem needs to be sorted out.

[Old Man River]

Investors know Thailand is a developing country and as such it has evolving laws, rules and regulations regarding environment, labor and trade.

Foreign companies investing in Thailand, whether in joint ventures or otherwise, also know that the body of laws in these sensitive matters are going to change during the course of construction or online operation. Investing in a developing economy/country requres preparation to be flexible and knowledge of which laws are likely to be changed and by which governments.

So these investors and their international chamber of commerce people need to stop crying crockodile tears and do their homework and proper planning and preparations to meet the exigencies of laws, rules and regulations that always will change in respect to environment, labor and the like.

Which investor doesn't know Thailand is disorganized and that the bureaucracy is slow? Which investor doens't know that courts will rule on their investments because their investments have a direct impact on the communities and that organized groups will lend expertise to local residents in such efforts? Which investors don't know that in developing economies payoffs are a normal operating cost?

The developers need to try to sell their bellyaching somewhere else because no one is buying it here.

Absolutely and I have said as much elsewhere.

[Old Man River]

For me, the biggest joke is this BMA guy who has decided to bring the skytrain extension down Sukhumvit from On Nuj to Baring to a complete halt until he retires! The next guy will probably do the same while requiring a complete analysis of what has been done for the past several years. It looks like we are going to have a Hopewell type project right down Sukhumvit road.

[quiksilva]

Environmental protection is a joke. But not solely because of standards which are actually quite reasonable (could be stricter of course), but the real problem is enforcement.

Life is cheap here. So it stands to (sad) reason that the damages that polluters face are a joke, and could not be called a deterrent in any way shape or form.

[webfact]

UPDATE

5,000 lose jobs after Map Ta Phut ruling

By WATCHARAPONG THONGRUNG

THE NATION

Published on October 8, 2009

Some 5,000 construction workers have been laid off after the Central Administrative Court ordered a halt to 76 industrial projects in Map Ta Phut and nearby areas in Rayong. They are among the first casualties of the judicial review of the government's industrial policy.

The Supreme Administrative Court yesterday accepted the government's appeal against the injunction on 76 investment projects worth Bt400 billion.

Prime Minister Abhisit Vejjajiva vowed to quickly pass organic laws for Article 67 of the Constitution to ease difficulties faced by some of the petrochemical, energy and steel projects suspended by the court.

Santi Vilassakdanont, chairman of the Federation of Thai Industries (FTI), said Abhisit would raise the issue at the meeting with government units and the Office of the Attorney-General tomorrow.

He said the organic laws, if approved by the Cabinet, could be rushed to Parliament for approval early next year.

Prasert Boonsumphun, CEO of PTT, one of the biggest investors in Map Ta Phut, said the latest development had hurt not only PTT, Siam Cement Group and other Thai and foreign investors in the area, but also the country's international image as an investment hub.

Surong Bulakul, CEO of Thai Oil, said the damage was already being felt, such as the loss of 5,000 construction jobs in the area.

FTI's Santi said the Office of Attorney-Generalwould consider if the health impact assessment required under the Constitution could be included in the environmental impact assessment to make it easier for investors to comply with the law.

An independent environmental body also needs to be set up to validate the HIA and EIA.

"The private sector expects that once subsequent laws are enacted, investors will know if they have to complete only the EIA or both the EIA and HIA," Santi said.

Some suspended projects can proceed despite the injunction, but other schemes worth Bt180 billion cannot, as they have not yet finished their EIA.

FTI vice chairman Payungsak Chartsutipol said that to speed up the legal process under Article 67, Abhisit indicated that environmental laws might be reviewed.

The Cabinet will consider the matter next week and Abhisit hopes the amendments would be completed early next year.

-- The Nation 2009/10/08

[Publicus]

Yep, the predictable responses.

Throw masses of affected people out of their jobs. Run to the government so the government can address multinational corporations' self-centered concerns only. Blackmail the courts.

Never allow union organizing or a union strike fund as an effective means of response by working stiffs. This is industrialsm with hand in glove government at its mid-19th century best.

Go Abhisit with business as usual.

[p_brownstone]

Mapthaphut is industrial development gone crazy. For safety reasons alone, there shouldn't be this level of chemical/industrial development all in such ridiculously close proximity.

There are several good reasons why an Industrial Estate like this should established - and safety is one of them.

Many of the Industries there use other Company’s products as Feedstock for their own processes – much of it conveyed by relatively short run Pipelines. If the Plants were farther apart the material would have to be conveyed by Truck, not only does Loading and Unloading cause pollution through Vapour released into the air, there is a constant risk of traffic accidents and product spillage, far away from personnel trained to contain the spill.

In addition if there is an accident in one Factory in the Estate, there are dozens of well trained and equipped HAZMAT teams around to join hands and react quickly and effectively, a stand-alone factory would have to rely only in its own team and their equipment.

Patrick

Edited October 8, 2009 by p_brownstone

[webfact]

UPDATE

Map Ta Phut conflicts affect economic growth

By Petchanet Pratruangkrai

The Nation

The prolonged conflict over investment in Map Ta Phut could slow down the economic growth in the last quarter and next year, according to the University of the Thai Chamber of Commerce (UTCC).

Thailand's economic growth could be slashed 0.5 percentage point in the last quarter this year, due to the disappearance of industrial investment worth Bt10-20 billion.

This would also affect the employment and the construction sector, said Thanavath Phonvichai, director of the university's Economic and Forecasting Centre.

The university also expected that if the injunction drags on to another 6-12 months, Thai economic growth next year could drop by 0.5-1 per cent, from the 2-3 per cent growth target.

The university also reported that Thai consumer confidence index increased continuously for the fourth consecutive months in September to 75.6 per cent from 74.5 per cent in August.

Increasing consumer confidence was attributed mainly to the lowering oil price and the Thai Khemkhaeng measures to stimulate economic growth.

-- The Nation 2009/10/08

[pooket]

Investors know Thailand is a developing country and as such it has evolving laws, rules and regulations regarding environment, labor and trade.

Foreign companies investing in Thailand, whether in joint ventures or otherwise, also know that the body of laws in these sensitive matters are going to change during the course of construction or online operation. Investing in a developing economy/country requres preparation to be flexible and knowledge of which laws are likely to be changed and by which governments.

So these investors and their international chamber of commerce people need to stop crying crockodile tears and do their homework and proper planning and preparations to meet the exigencies of laws, rules and regulations that always will change in respect to environment, labor and the like.

Which investor doesn't know Thailand is disorganized and that the bureaucracy is slow? Which investor doens't know that courts will rule on their investments because their investments have a direct impact on the communities and that organized groups will lend expertise to local residents in such efforts? Which investors don't know that in developing economies payoffs are a normal operating cost?

The developers need to try to sell their bellyaching somewhere else because no one is buying it here.

I'm COMPLETELY BUYING it, and here's why:

The agency responsible for compliance with the law in the Constitution WAS NEVER ESTABLISHED. There was no agency to work with, communicate with, or give environmental reports to!

These companies were issued the proper permits, started construction, and now the rug has been pulled out from under them. I'm from the US, and when a company wants to build a plant, there are public hearings and environmental impact studies done BEFORE construction. It's absolutely beyond ludicrous to tell these companies they can build their factories, and then tell them to stop construction because of a law that has no regulatory body to enforce it!

This is the result of the past few year's bickering and coups. The old prime minister was too busy doing cooking shows, instead of reading the Constitution and creating govt. agencies to support its laws.

If anybody is interested, here's a link to a good, informative, unemotional, and balanced piece about this from the Nation:

http://www.nationmultimedia.com/2009/10/05...n_30113748.html

Also, whether you want to believe it or not...Some of these projects are being built to reduce pollution. More stringent environmental laws will take effect in a couple years for some of these refining plants, so they built the new plants to comply with the new law. The ironic thing is that this court ruling will delay the start-up of these more environmentally friendly plants.

FYI - I love nature. I've traveled to many National Parks in Thailand. And I've snorkeled practically everywhere here, including Ko Samet. I just think people should do a little research about something before they make emotionally charged, speculative statements...

[sokal]

In this case, the present government seems to be working with big business and against the best practice for Thais and Thailand. (I hasten to add: I doubt other governments were any better and let's keep this thread clear of political bickering...)

Over the last couple of weeks I've been watching presentations on environmental problems in Thailand; several on Map Ta Phut, and what I've learned is a disgrace: Environment destruction, human illness and death on a massive scale, total disregard for laws and regulations - both Thai and international laws and regulations.

This area shows us the worst that big business / corruption offers society; i.e. it kills people and destroys the environment for the sake of quick cash.

I fully support the Thai courts with their efforts to 'clean up' (both enviromentally and politically) the area and force big industries to act within the confines of the law (they've clearly shown their inability to self-regulate...).

Enviromental problems are over-rated. How do you really know how bad the enviroment is ?

[webfact]

UPDATE

MAP TA PHUT PROJECTS

Ruling on industrial injunction expected Wednesday

By The Nation

The Supreme Administrative Court is expected to reach the verdict on Wednesday on the government agencies and private companies' appeal against the injunction on the 76 industrial projects in Map Ta Phut and nearby areas in Rayong.

Suthi Atchasai, leader of the network of the Eastern people of which moves against government agencies led to the injunction, said the ruling should be announced at 1pm Wednesday.

"I can't imagine how the ruling would be. The court should rule in accordance with the Constitution's Article 67 (2) (which requires the health impact assessment). If the court rules in favour of the defendants, the network will promptly issue a statement," he said.

Due to the injunction ordered in September, the 76 projects with combined investment of nearly Bt400 billion are put on hold.

-- The Nation 2009/12/1

[newsfooter][/newsfooter]

[webfact]

Map Ta Phut verdict due today

By THE NATION

Published on December 2, 2009

All parties are hopeful the Supreme Administrative Court today will clear up confusion over the future of the 76 suspended industrial projects in Map Ta Phut.

The court will announce its verdict on the injunction at 1pm.

Federation of Thai Industries vice chairman Payungsak Chartsutipol said private companies would be all ears at the announcement and that all of the companies involved, including PTT and the Siam Cement Group, would send representatives to be present.

He said all companies were ready to honour the verdict whatever it might be, in the belief it would lead to a resolution to the industrial disputes.

"All of the projects, regardless of the scale of the environmental problems involved, are prepared to comply with Article 67 of the Constitution. We're simply waiting for clear rules. The four-party committee is considering having projects concurrently undertake environmental-impact assessments (EIAs) and health-impact assessments (HIAs). At a meeting today, the committee will consider whether there should be one or more than one independent body to give opinions on industrial projects," Payungsak said.

If the appeal is ended, private companies will then closely watch how the Central Administrative Court rules on Rayong citizens' request for termination of all 76 project licences, he added.

PTT Aromatics and Refining CEO Chainoi Puankosoom, a member of the four-party committee tasked with solving industrial disputes, hopes the Supreme Administrative Court will allow the projects to proceed.

If not, he said the PTT Group was ready to follow any rules for the convenience of all parties.

Energy Minister Wannarat Charnnukul said if the court ruled against the projects, his ministry might review the enforcement date of the Euro IV environmental standard, because four of the projects were geared to raise oil quality to that level.

PTT and its subsidiaries yesterday gained 5.8-9.13 per cent from Monday's share-price closing, which pushed the composite stock index up 3.04 per cent.

The index rose on resumed orders for stocks involved in the 76 projects on expectation the verdict would clear up any doubts over these businesses' direction.

Investor confidence was also boosted by an end to enforcement of the Internal Security Act, the UAE central bank's move to ease local banks' liquidity and Fitch Ratings' revision of four Thai banks' outlook, said an analyst from Phillip Securities (Thailand).

Prime Minister Abhisit Vejjajiva said if the injunction remained, the government would have to defend itself in the main case before the Central Administrative Court. If the injunction is lifted, all of the projects will come under resolutions of the four-party committee.

The Cabinet yesterday approved a Bt405-million budget to ease problems in Map Ta Phut in fiscal years 2011 and 2012. The budget will cover waste, water shortages and healthcare.

Detcharat Sukkamnerd, an expert with the National Health Commission, said he favoured the court allowing only some small projects of limited environmental impact to proceed. Then others could follow the HIA guidelines laid out by the commission and recently submitted to the National Environment Policy and Planning Committee.

The four-party committee on Monday agreed to revise the Natural Resources and Environment Ministry's EIA regulations, in order to clear up a lack of clarity over the independent body to be set up, the selection process for its members and the time line for hearing opinions.

It resolved that the PM's Office regulation on the independent body would be used.

Next week, the committee will recommend to Abhisit that private organisations and universities nominate candidates to the independent body and that the candidates choose the best among themselves.

Suthi Atchasai, leader of the People's Eastern Network, whose moves against government agencies led to the injunction against the 76 projects, said the court should rule in accordance with the Constitution.

If it rules in favour of the defendants, the network will promptly issue a statement.

Srisuwan Janya, president of the Stop Global Warming Association, which is behind the lawsuit, earlier said the dispute would be solved if all of the projects agreed to conduct HIAs that included public hearings.

He also encouraged them to conduct the HIAs concurrently and be open to greater public scrutiny.

-- The Nation 2009/12/2

[newsfooter][/newsfooter]

[webfact]

UPDATE

Supreme Administrative Court allows 11 projects to proceed

Supreme Administrative Court on Wednesday allows 11 of 76 Map Ta Phut projects put on hold by a court injunction to go ahead.

The operations of the rest will still be suspended under the court injunction ordered in September.

The court's reading came after government agencies and private companies of Map Ta Phut projects appealed against the injunction.

-- The Nation 2009/12/1

[newsfooter][/newsfooter]