Problem of Enforcement Law of Environment Relating to E-Waste Management in Thailand

Abstract

The objective of this research is to study Problem of Enforcement Environmental Law of e-Waste Management in Thailand. The research study conceptual framework theory principle of Environmental Law of Hazardous E - waste management or Waste Electrical Equipment and Electronic Equipment (WEEE). The research study definition of harzadous waste and hazardoud waste management in international lavel and in domestic environmental law of Thailand and to study enforcement of Environmental Law of e-Waste Management in Thailand regarding administrative sanction criminal sanction civil sanction and to study legal measure of economic incentive and legal measure of promoting public participation of citizen right to know information regarding hazardous e-waste and citizen right to access information of environment regarding hazardous e-waste and citizen right to access to justice in initiative filing administrative action civil action in environmental hazardous e - waste for remedy damage from environmental pollution of unsound management of e waste or Waste Electrical Equipment and Electronic Equipment (WEEE). The aforesaid civil action to be assisted by NGO in environment al protection sector .

The method of research is qualitative approach by documentary research from book court judgement legal research document in environmental law both international and domestic.

The result of research found that the enforcement law of administrative sanction regarding administrative liabilities provisions by producer collector distributor transporter wastetreatment operator disposal operate as provided under Hazardous Substance act B.E.2535 are under the command and control by various authorities and under many environment legislation although in fact Department of Industrial Work is competent authority who have power of control order permit and order sanction penalty against aforesaid producer collector distributor transporter wastetreatment operator disposal operater who violate provision of administrative legislation .The pollution control department –PCD as coordinator in hazardous environment pollution but PCD has no authority to enforce any violation of e-waste pollution. Because of the overlapping agencies and legislations which has cause difficulties to enforcement administrative sanction environmental law of e- waste in practice in Thailand

The result of research also found that the case that criminal investigation officer can possible to enforce and may be successful is the cases against of illegal dumping or illegal importing or illegal treatment of hazardous e - waste or WEEE in Thailand. However the enforcement law of criminal sanction regarding criminal liabilities provisions by producer collector distributor transporter wastetreatment operator disposal operater as provided under Hazardous Substance act B.E.2535 and under criminal code of Thailand and under The National Enhancenent and Conservation environment Quality Act B E 2535 of Thailand and under Public Health Act and TAO Act which under the jurisdiction of criminal investigation officer are difficult to enforce because criminal investigation officer have no experience and expertise in provision of law of criminal liabilities for pollution from hazardous e-waste which are complexities and difficulties to understand

Recommendation and resolution guideline for efficiency and successfully enforcement law of e - waste management environmentally sound management in Thailand with regard to enforcement administrative sanction against producer collector disposer of e - waste who violate administrative sanction under provision of hazardous substance act and various related environment law provisions which these legislation are overlapping and dispersed and responsible agency are overlapping and lack of coordination. The researcher recommend that Thailand should promulgate new legislation entitled waste electrical and electronic equipment manage act B.E …..WEEE. Such legislation shall incude the provision of administrative sanction against producer distributer waste treatment operator disposer transporter such as the provision of controlling producer of electrical production to carefully produce electric equipment environmentally sound management ect.

Recommendation and resolution guideline for efficiency and successfully enforcement law of e - waste management environmentally sound management in Thailand. With regard to enforcement criminal sanction against illegal disposing and illegal dumping of e - waste and illegal importing and illegal trafficking that may be possible for criminal investigation officer to successfully enforce. However with regard to enforcement criminal sanction against producer collector disposer of e - waste who violate criminal provision of hazardous substance act and various related criminal liabilities environment law provisions which these legislation are overlapping and dispersed and difficulties to enforce because of the complesities of law and lack of expertise in criminal enforment investigation official. The researcher recommend that Thailand should promulgate new legislation entitled waste electrical and electronic equipment manage act B.E …..WEEE. Such legislation shall include the provision of criminal liabilities provision and penalty of jail sentence and or fine sanction against producer distributer waste treatment operator disposer transporter .

Recommendation and resolution guideline for efficiency and successfully enforcement law of e - waste management environmentally sound management in Thailand. With regard to enforcement criminal sanction against illegal disposing and illegal dumping of e - waste and illegal importing and illegal trafficking that may be possible for criminal investigation officer to successfully enforce. However with regard to enforcement criminal sanction against producer collector disposer of e - waste who violate criminal provision of hazardous substance act and various related criminal liabilities environment law provisions which these legislation are overlapping and dispersed and difficulties to enfoce because of the complesities of law and lack of expertise in criminal enforment investigation official. The researcher recommend that Thailand should promulgate new legislation entitled waste electrical and electronic equipment manage act B.E …..WEEE. Such legislation shall include the provision of criminal liabilities provision and penalty of jail sentence and or fine sanction against producer distributer waste treatment operator disposer transporter.