LEGAL MEASURES TO PROTECT VICTIMS OF SAND SUCTION

Abstract

               The objective of this research was to investigate the legal measures to protect the victims of sand suction operation in proving the damage, determining the compensation, and requiring the licensee to place sufficient insurance or security to compensate the damage from operation of sand suction business in accordance with the General Provisions of the Ministry of Interior on the Sand Suction Operation Permits, B.E. 2546 (2003). From the research, it was found that the General Provisions of the Ministry of Interior on the Sand Suction Operation Permits, B.E. 2546 (2003), which is the law used to control sand suction business, does not have a principle of civil liability, so the Civil and Commercial Code must be adopted on violations to come into force, causing problems to prove the damage of the people who have been damaged or affected by the sand suction operation. Determination of compensation should be used by any place or how much the court decides according to the circumstances and the seriousness of violations under the Civil and Commercial Code, Section 438 may not be applied to the business of sand suction because of the burden of proof. Compensation relies on scientific and technological information to prove that the sand suction operator is liable. In addition, the General Provisions of the Ministry of Interior on the Sand Suction Operation Permits, B.E. 2546 (2003) also stipulates that a small but small amount of security deposit is insufficient to cover the damage.

               The author hereby proposes the recommendations to amend the General Provisions of the Ministry of Interior on the Sand Suction Operation Permits, B.E. 2546 (2003) by applying the principles of absolute liability and punitive damages, such as the Minerals Act B.E. 2560 (2017), any person receiving a license must place a security deposit or security as approved by the sub-committee, considering the area for which the license has been applied for, and can request a refund at the expiration of two years in order to use such money as security for damage during or afterwards from the completion of the sand suction business.