The Legal Measures on Possession and Utilization in a National Park: A Study of Areas in Phurin Waterfalls, Klong Sa Sub District, Kanchanadit District, Surat Thani
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Abstract
This research article aims to study the problems of possession and utilization in Phurin Waterfall, Khlong Sa Subdistrict, Kanchanadit District, Surat Thani Province and to solve such problems by creating appropriate legal measures. The researcher used the qualitative research approach by collecting data through documentary research and in-depth interviews. Data were analyzed using the techniques of content analysis. Findings are as follows: Phurin waterfall, located in Klong Sa Sub District, Kanchanadit District, Surat Thani Province encounter the problems related to possession and utilization on the area in accordance with the Reserved Forest Act B.E. 2507 (1964), the National Parks Act B.E. 2562 (2019) and the Wild Animal Reservation and Protection Act B.E. 2562 (2019).
According to the problems, there are issues relating to the qualifi cation for individuals who
can possess and utilize the reserved forest and the national parks, the right of habitation and
utilization on the Phurin waterfall; and the civil and criminal liabilities and penalties. Therefore,
the Reserved Forest Act B.E. 2507 (1964) and the Wild Animal Reservation and Protection
Act B.E.2562 (2019) regarding Section 121 in the fi rst and last paragraph should be amended.
With this, permanency of the right of utilization and the right of habitation should be allowed,
however, the devolution of the rights depends on the performance of the person who is allowed to execute the rights. If the person does not follow the rules of the rights, the rights shall be repealed immediately. Furthermore, Section 64 in the first and the third paragraph of the National Parks Act B.E.2562 (2019) that imposes the duration for surveying within two hundred forty days; and/or in the case when the survey is not completed within the certain duration; or the issue of the question is still on the dispute process, should be extended.
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Academic articles, research articles, and book reviews in the Ph.D. in Social Sciences Journal are author’s opinions, and not the publisher’s, and is not the responsibility of the Ph.D. in Social Sciences Journal Philosophy Association, Ramkhamhaeng University. (In the case that research is done on human, the researcher has to be trained in Ethics for Doing Research on Human Training and has to produce the evidence of the training).
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