LEGAL PROBLEMS AND OBSTACLES IN RELATION TO THE MAINTENANCE, SAFEGUARD AND PROTECTION OF THE LAND WHICH ARE THE PUBLIC DOMAIN

Abstract

                  The objective of this research is to study the legal measure on the maintenance, safeguard and protection in the public domain according to the Code of Land, Local Administration Act, B.E. 2457 and ministerial regulations on the criteria and methods on the Administration, Care, Maintenance, Utilization and Provision of Interest in relation to the state Property, B.E. 2545.

                From the study, it is indicated that the Land Code, Section 2, did not stipulate the meaning of the word “State Land”, causing the problem on the interpretation of the land status which is the public domain as the waste and uncultivated land and the public interest land on state land ownership. Also, it has caused the problem on using the competence in managing and taking care of the state property which has been involved by many laws, whether the Local Administration Act, B.E. 2547, in Act on the Decentralization Plan and Procedures towards the Local Administration Organization, B.E. 2542 or ministerial regulations on the Criteria and Method on the Administration, Care, Maintenance, Utilization and Provision of Interest in relation to the State Property, B.E. 2545 and other laws. In addition, there are central governmental units, provincial governmental units and local governmental units are coming to take care and manage the public domain in case of the waste and uncultivated lands. Therefore, this would have caused the problem in taking care of and managing the said land that should be taken for the utilization more than leaving them to be the waste and uncultivated lands.

                From the study, it suggested that the Code of Land, Section 2 should be amended. The Ministry of Interior should be designated as the ownership holder of the waste land and public interest land and set up the rules for the criteria and methods on the maintenance and protection of waste lands by permitting the administrative department who is assigned by the Minister of Interior to have the power to register and apply for the issuance of certificate for the waste land. Furthermore, Section 122 of the Local Administration Act. B.E. 2547, amended by the Local Administration Act (No. 11), B.E. 2551 should be revoked for the Local Administration Organization to have the direct and only power to maintain and protect the public interest lands according to the Royal Ordinance on the Decentralization Plan and Procedures towards the Local Administration Organization, B.E. 2542. Section 16 (27) and amend the provision in Section 8 Tri, of the Code of Land that designated the Director General of Department of Land to have the power to issue the certificate for the state land in the way of using the discretion for the strict enforcement and obligation in taking action.