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Samet tourist association sues PTTGC for Bt1 billion


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SAMET ISLAND
Samet tourist association sues PTTGC for Bt1 billion

Kesinee Taengkhiao
The Nation

Also wants court to order firm to draw up plans to rehabilitate area

BANGKOK: -- A TOURISM association on Koh Samet has slapped PTT Global Chemical with a Bt1-billion lawsuit for damages its oil leak caused to the island.


About 50,000 litres of the PTT subsidiary's oil leaked into the sea off Rayong province on July 27 last year.

The incident caused not just environmental damage but also had a serious economic impact on local tourism operators.

"The oil leak is a result of the firm's recklessness," Sujaree Jarernphon said yesterday in her capacity as the vice president of the Mu Koh Samet Tourism Association, which has more than 70 members.

It accused PTTGC of violating environmental laws and is demanding that the firm be made to pay Bt1 billion in compensation.

It also asked the court to order the defendant to draw up short-term and long-term plans to eliminate contaminants from the environment.

The Civil Court, which received the complaint yesterday, will hold a hearing on September 22 to look into the case.

Sujaree said her association had decided to take the matter to court after several rounds of negotiations with PTT representatives failed to deliver any satisfactory results.

"Our members have therefore resolved to sue for compensation so that money is made available to tackle problems that the oil leak has left behind," she said.

'Inefficient operations'

According to the affidavit, oil-recovery operations after the leak occurred proved untimely and inefficient, which led to the oil spill reaching Samet Island's Ao Phrao (Phrao Bay) on July 29 last year.

The spill forced Ao Phrao to close to the public for months.

Even after it reopened, the number of tourists had dropped by half. Hotels, resorts, shops, public vehicles and shops have borne the brunt.

The association claimed that it heard from academics that the oil spill must have caused damages of well over Bt1 billion, while environmental recovery would likely take about 10 years.

"Even though the local beach has been cleaned up, ecological recovery must continue," the association insisted.

Source: http://www.nationmultimedia.com/national/Samet-tourist-association-sues-PTTGC-for-Bt1-billi-30239692.html

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-- The Nation 2014-07-29

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"The association claimed that it heard from academics that the oil spill must have caused damages of well over Bt1 billion, while environmental recovery would likely take about 10 years."

Well that is solid evidence :-)

Anyway, I am not sure the association can sue for damages, as the association itself has not lost anything, the members have.

I also assume that when they do calculate their losses, that they keep in mind the bad shape of the overall tourism industry due to political problems, coups etc. Anyway, even if they don't, I am sure the PTTGC lawyers will remind the court.

Don't get me wrong, any actual damage should be compensated, but calculating the amount based on what you heard someone else say is ridiculous, and without hard evidence, will likely result in a lost court case.

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The STA is suing PTTGC for legitimate reasons but why isn't the Ministry of Justice also bringing suit against PTTGC? Events brought on by alleged criminal acts that affect the national economy and safety of its citizens such as this oil spill should also be cause for a federal lawsuit. A successful federal lawsuit will also encourage the defendents to settle with the STA.

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