Wind Power Project Setback Regulations Development

Abstract

The ERC Notification regarding the Determination of Distances for Wind Projects B.E. 2558 (2015) outlines important legal qualities, guidelines, and best practices related to regulatory frameworks on set-back distances and safety distances for residential areas, neighboring environments, affected communities, and immovable properties such as public roads, as seen in other countries. These regulations are based on preemptive legal distance requirements designed to mitigate risks associated with accidents, such as blade breaks, and to protect residents and their properties, while also minimizing adverse effects on surrounding communities and the environment. However, the ERC Notification poses enforcement challenges due to ambiguous language, necessitating the ERC to exercise discretionary powers. This situation complicates land acquisition processes for individuals applying for wind power generation licenses from the ERC, stemming directly from the wording of the Notification. These challenges are inconsistent with the state policy as prescribed by Section 77 paragraph 3 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) which aims at establishing criteria for discretionary power exercising of state officials. Hence, it appears necessary and appropriate to rely on laws, rules, best practices adopted in other countries to develop discretionary power exercising criteria to overcome the identified law enforcement challenges. This research advises the ERC to issue a new Notification about Wind Project Distances that does not rely on the ERC Notification concerning the Prevention, Remedy, and Monitoring of Environmental Impacts of Licensees Exempted From the Environmental Assessment Report under the Enhancement and Conservation of National Environmental Quality Act B.E. 2555 (2012), but instead on Sections 50 and 51 of the Energy Industry Act B.E. 2550 (2007). Utilizing these provisions can empower the ERC to create by-laws that effectively prevent negative impacts while also facilitating investment in wind projects.