Bangkok Post
May 4, 2001

Public has no say, and detail is lacking: The Pollution Control Department had breached at least two laws in pushing the Klong Dan project-the Industrial Works Act and the Environmental Quality Enhancement Act.

A Senate committee is urging a review of three large-scale projects, the Thai-Malaysian gas pipeline, Klong Dan wastewater treatment in Samut Prakan, and the coal-fired power plants in Prachuap Khiri Khan. The environment committee said the government should look at whether the projects should carry on given their serious lack of legitimacy in the eyes of local people. Chairman Panas Thasneeyanond said if they carried on, local people such as small-scale fishermen would lose the ability to provide for themselves, and the environment would take a hit. People felt they did not have a say and that the projects lacked transparency, the committee said.

The projects had widened local conflicts. Coal-fired power plants had led to violent confrontations between opponents and supporters. The Pollution Control Department had breached at least two laws in pushing the Klong Dan project-the Industrial Works Act and the Environmental Quality Enhancement Act.

“It is found that construction of the waste water plant began without a permit from the Industrial Works Department and environmental impact assessment studies.

“The permit was issued after construction had begun,” Mr Panas said. In pushing the pipeline, the Petroleum Authority and Trans Thai Malaysia had mentioned possible alternatives, such as a new route.

The panel’s findings, which go to the senate today, are as follows:The Klong Dan wastewater plant should be broken down into smaller plants. The coal-fired power plants are not viable given the country’s electricity reserves, which account for more than 40% of demand. If the project was to go ahead, the committee suggested a change in fuel source, from coal to natural gas. The change would prompt the developers, Union Power Development and Gulf Power Generation, to choose new sites. The pipeline should be put on hold until someone figures out a way to make it more acceptable to local people.

The committee admitted that it had limited power to put its wish-list into effect. “What we could do is to question ministers. It is, however, up to the public whether the projects in question are eventually ended,” Mr Panas said, adding that Klong Dan people could raise the issue of legal violations before the Administrative Court. Ongoing environmental conflicts resulted from a flawed legal structure, he said. “Little has been done in this area as we have been bombarded with environmental-related complaints,” he said. His committee was determined to fix the problem, however, especially the law concerning participation by local people. This was their democratic right but also the linchpin on which the legitimacy of many projects rested, he said.