Thai govt's water mega plan faces legal delay: Court injunction bid

[webfact]

COURT INJUNCTION BID
Water mega plan faces legal delay
Pongphon Sarnsamak
The Nation


The Chao Phraya River will have to wait a little longer for an integrated management plan, if the court on Thursday upholds the judge's opinion.

Impact studies must be done first, judge says; final ruling tomorrow

BANGKOK: -- Companies that have won bids for the government's massive Bt350-billion water-management scheme are holding their breath, after an Administrative Court judge voiced initial support for an injunction.

Judge Wassana Maneetong said in the first hearing yesterday that all nine modules - due to be awarded soon - should be put on hold until environmental impact assessments (EIAs) and health impact assessments (HIAs) are completed.

Wassana is tasked with an initial role to hear facts, while a verdict will be made with other judges who act jointly in a quorum but are often absent from the trial chamber. The court tomorrow could reverse or uphold the statement.

Having to conduct impact assessments would significantly delay the mega-scheme and the injection of a large amount of funds into the economy.

An injunction would also mean that all terms of reference would have to be amended, as key factors and specifications would have to be changed, including the mandatory EIA and HIA operations, plus mandatory public hearings on projects, which have also not been done, and subsequent public participation. There has been little of the latter in projects proposed in the mega-scheme.

Monthon Panupokin, managing director of Korea Water Resources Corp (K-water), which won the biggest module worth Bt130 billion, said his agency is now waiting to hear the final decision from the court on whether the project will be suspended.

"We want the government to make it clear who will conduct the environmental and health impact assessments and public hearing, so as to comply with the Constitution," he said.

Vasant Chatikavanij, senior executive vice president of Loxley - a partner in the Loxley-AGT Consortium - voiced a similar concern. He said Loxley was ready to comply with the court's verdict by conducting an EIA before the construction of the water and flood information centre. Yet, as the contract has yet to be officially awarded, it remains unclear if the consortium or the government should undertake the EIA.

"At least, it's good that the court will not order the government to cancel the whole project. We would be happy if the court asks us to only conduct the EIA report before signing the contract," he said.

Judge Wassana's decision was in favour of a petition by the Stop Global Warming Association.

In her statement, she said the project should be suspended and public hearings completed before the government signs contracts with contractors, in line with Section 67 (2) of the Constitution, which requires EIA and HIA for projects that could affect the environment and communities.

Srisuwan Janya, president of the association, was convinced that the Central Administrative Court would uphold Judge Wassana's statement tomorrow.

"Normally, the EIA and HIA process takes about two years. This should require a similar period of time," he said.

The petition accused Prime Minister Yingluck Shinawatra, the Strategic Committee for Water-Resources Management, the National Water-Management and Flood-Prevention Policy Commission and the Water- and Flood-Management Commission (WFMC) of abusing their authority when preparing the projects related to the flood-prevention/water-management systems.

The government has already selected financiers for the project, and expected to start dispersing funds from the last quarter of this year, to help boost domestic investment. Krungthai Bank is among four banks that will supply loans to support the water management scheme after signing contracts with the Public Debt Management Office on Monday.

Kittiya Todhanakasem, first senior executive vice president at Krungthai, said the bank believed that disbursement may be delayed till next year if the court agrees to an injunction. But the delay would not affect lending growth this year, as KTB had not included loans linked to the water scheme in its business plan this year, she said.


-- The Nation 2013-06-26

[tomross46]

BANGKOK: -- Companies that have won bids for the government's massive Bt350-billion water-management scheme are holding their breath, after an Administrative Court judge voiced initial support for an injunction.

Judge Wassana Maneetong said in the first hearing yesterday that all nine modules - due to be awarded soon - should be put on hold until environmental impact assessments (EIAs) and health impact assessments (HIAs) are completed.

​But the politicians have already been paid, and who cares about the environment or the health of the citizens.

[Thai at Heart]

Pesky EIAs. Does everyone who's land is going to be effected by these constructions even know yet?

[Chrisswe]

2 year's handeling process !!?? This once again shown the "ineffective" management in this country and corruption through out payment to judge's. This water project is an high priority issue !!

[Thait Spot]

More "garbage" for Plodprasop to deal with

[bentleyboy]

An injection of a large amount of funds, yes, but into the country? Hmmm!

[bigbamboo]

2 year's handeling process !!?? This once again shown the "ineffective" management in this country and corruption through out payment to judge's. This water project is an high priority issue !!

I agree. Change the CEO.

[Robby nz]

This of course should have been done right from the start when the flood protection work was proposed under urgency.

Very little planning was done at all other than saying it will cost 350 billion and it seems that the contractors were tasked with submitting their own plans rather than the government having prepared an overall detailed plan.

A bit like saying 'I want to build a house but don't know where to put it or what it will look like'. Contractors please tell me.

[Thai at Heart]

This of course should have been done right from the start when the flood protection work was proposed under urgency.

Very little planning was done at all other than saying it will cost 350 billion and it seems that the contractors were tasked with submitting their own plans rather than the government having prepared an overall detailed plan.

A bit like saying 'I want to build a house but don't know where to put it or what it will look like'. Contractors please tell me.

Indeed. I don't get how they plan to get hold of the necessary land? What if someone's house is already in the way? It's all well and good to put the plans on paper, but is it the case that you are just going to get a letter in the post from the construction company telling you to get out of the way?

Absolutely nuts.. I know we are in the developing world, but this is verging on medieval thinking.

[pb1936]

They couldn't organise a p*ss - up in a brewery.

[Baerboxer]

This of course should have been done right from the start when the flood protection work was proposed under urgency.

Very little planning was done at all other than saying it will cost 350 billion and it seems that the contractors were tasked with submitting their own plans rather than the government having prepared an overall detailed plan.

A bit like saying 'I want to build a house but don't know where to put it or what it will look like'. Contractors please tell me.

Indeed. I don't get how they plan to get hold of the necessary land? What if someone's house is already in the way? It's all well and good to put the plans on paper, but is it the case that you are just going to get a letter in the post from the construction company telling you to get out of the way?

Absolutely nuts.. I know we are in the developing world, but this is verging on medieval thinking.

I agree - but this is PTP. Nothing will bother them, only getting their share. If someone's house is in the way they will be "compulsory purchased". If they don't move the Red Guards will come round, in the interests of the country of course. Remember a democratically elected government can do what they want when in power.

There has been no proper planning, consulting and public debate, and no transparency or openess in the tendering process. It's all driven to get hands on cash. Nothing else matters to these goons. Get rich and ready to run when the party's over.

[Baerboxer]

They couldn't organise a p*ss - up in a brewery.

True - but they'd find away of skimming something of the admission price!

[MaxLee]

COURT INJUNCTION BID

Water mega plan faces legal delay

Sounds to me just like a mutual agreement with the government agencies to create an international public image, and saving faces on both sides, the court and the feudal government organizations' mafias

"Korean Water Management" or whatever, is Korean just by name, but I bet they're all Thai owned undercover mafia agents...

... and Mr "Loxley"!is waiting for his 4 trillion kachillian Baht to flow into his pocket, it's only a delay and a matter of Thai...

[Thai at Heart]

This of course should have been done right from the start when the flood protection work was proposed under urgency.

Very little planning was done at all other than saying it will cost 350 billion and it seems that the contractors were tasked with submitting their own plans rather than the government having prepared an overall detailed plan.

A bit like saying 'I want to build a house but don't know where to put it or what it will look like'. Contractors please tell me.

Indeed. I don't get how they plan to get hold of the necessary land? What if someone's house is already in the way? It's all well and good to put the plans on paper, but is it the case that you are just going to get a letter in the post from the construction company telling you to get out of the way?

Absolutely nuts.. I know we are in the developing world, but this is verging on medieval thinking.

I agree - but this is PTP. Nothing will bother them, only getting their share. If someone's house is in the way they will be "compulsory purchased". If they don't move the Red Guards will come round, in the interests of the country of course. Remember a democratically elected government can do what they want when in power.

There has been no proper planning, consulting and public debate, and no transparency or openess in the tendering process. It's all driven to get hands on cash. Nothing else matters to these goons. Get rich and ready to run when the party's over.

That's as maybe. Do the people in the problem areas even know that their land is planned to be expropriated? I can't say I have seen a concise layout of any of these projects in the English papers.

[billd766]

The government legal experts have known what is required for at least 18 months but the PTP seems to think that because they won the last election that they can ride roughshod over any laws they don't like.

Sadly for them and for Thaksin also he does NOT own the judiciary, at least not yet and the judiciary are sticking up for the people. There will be threats and visits from the Red Shirts next.

They MUST have known that the EIA, HIA and consulting the people is the legal way to go.

Up where I live on the edge of Mae Wong national park back last year a team came out to do a survey for a small dam or reservoir.

Public meetings were held and everybody who went was given a map of the land the government needed and after that it stopped for a while.

Some people agreed and some didn't and we are now waiting for the next stage.

The main protagonists want the companies who won the contract to do all the EIA, HIA and consultations with the public AFTER the contract is signed and then face the consequences.

[rubl]

This probably means that the speial decree for 350 billion will expire on the 30th this month and further initial costs related to environmental impact assessments (EIAs) and health impact assessments (HIAs) will be put in the national budget for 2013/2014 somewhere. As this is not included in the current draft that may increase the projected deficit of 250 billion. Mind you once the EIA/HIA are completed and the nine projects have been adapted and re-bid/re-allocated again we can have another go at an emergency decree, like in January 2012.

[lostmebike]

Companies that have won bids for the government's massive Bt350-billion water-management scheme are holding their breath

If they hold their breath too long, won't just be the contract they lose!

Their ar*e cheeks are quivering 'cause most of them were getting ready for new Mercs, houses, foreign holidays......

Out of the allocated budget, how much will ACTUALLY be spent on the project? Can the see the headlines now

[Payboy]

environmental impact assessments (EIAs) and health impact assessments (HIAs)

Now, only need MIA noi and the party's complete.

Edited June 26, 2013 by Payboy

[lostmebike]

'Judge Wassana Maneetong said in the first hearing yesterday that all nine modules - due to be awarded soon - should be put on hold until environmental impact assessments (EIAs) and health impact assessments (HIAs) are completed.'

With so many assessments taking place, how long before the government announces that Thailand is in fact now the HUB of assessments???

Sorry

[thaicbr]

2 year's handeling process !!?? This once again shown the "ineffective" management in this country and corruption through out payment to judge's. This water project is an high priority issue !!

ummm corruption through payment to judges?????

An integrated water policy is the answer.. This is not linked and integrated and it does not have a plan for the land appropriation that will be necessary for ANY flood plan to succeed. This government and many passed governments are not interested in long term solutions just short term fillers.

[timewilltell]

This is not really a government any more - simply a mechanism for corruption. They do not even bother with following the rather inept laws governing their governance to protect the people even a little.

And Thais have another two years of this traitorous pillaging to sit through. The sad thing is how few Thais really have a clue and worse how few even care about the 'don't care less' society they live in. Sad.