The act of designating those who caused damage by violation as responsible for restoring natural resources according to the National Parks Act, B.E. 2562 (2019)

Abstract

          This academic paper aimed to  analyze the problem of requiring the offenders of damage to restore natural resources, the problem of participation and opinion in the management plan for rehabilitation of natural resources damaged by violations and the problem of determining the criteria for release from liability by carrying out the restoration of damaged natural resources by taking the meaning of natural restoration, the principle of polluter pays, the principle of public participation, the principle of the object of indebtedness, the principle of liability exemption, commercial and financial laws, and the National Parks Act, B.E. 2562 (2019) as a framework for analysis.                                                                         The analytic results revealed that all of the aforementioned issues are not currently legislated specifically, thus requiring amendments to increase the opportunity for debt repayment by designating those who caused damage as one of the operators for natural resource restoration. To enhance legal rights, it should also be designated that the offenders have a stake and a voice in the plan for managing the restoration of natural resources damaged by violations. Moreover, to ensure clarity and fairness, it should be specified that the offenders are exempted from liability for compensation through the implementation of natural resource restoration actions provided by the government.