LEGAL STATUS OF THE LAND OCCUPANT IN THE BUFFER ZONES AROUND PROTECTED FOREST AREA

Abstract

Introduction: Set up the buffer zones around protected forest area, to prevent the trespassing of the reserved forest area, biodiversity and natural resources and to decrease the effect or violence from people’s action probably arising against the reserved forest area. Objectives: 1) study the concept, meaning and legend of the land on the buffer zone around the preserved forest area, 2) study the land possessory right on the buffer zone involved to the legal status of the buffer zone around the preserved forest area, 3) comparatively study the law involved to the buffer zone area management in Thailand and abroad, and 4) Propose guidelines for the appropriate use of buffer zones surrounding protected forest areas. Methods: Qualitative research and documentary research from documents, legal texts, academic journals, books and articles both in Thailand and abroad involved to the buffer zone around the preserved forest area. It is to know the status of the buffer zone around the preserved forest area and derive the approach of utilizing the buffer zone around the preserved forest area legitimately. Results: Having the state land next to or around the reserved forest area e.g. Crown property, reformed land, public land, forest, waste lands etc. set up as buffer zone is to change the land status to the buffer zone. It is to prevent the overlapping between the buffer zone and the state land. For the private land set up as buffer zone it is to be consented in writing by the person first and compensation or reimbursement is to pay to them. The person is still entitled to utilize the buffer zone onward and the land belongs to the person too. For the right of the people on the buffer zone they have no ownership on the state land set up as buffer zone.  However, they have the right of possessing, residing, making living and utilizing the land. Also, they have the right of preventing, obstructing and raising it to defend the third party not to involve on the land but cannot raise it to defend with state agencies. People do not lose the right of utilizing the old land previously utilized before being set up as buffer zone. Therefore, I would like to suggest that 1) the state is to specify the approach of setting the buffer zone and managing the buffer zone by setting the buffer zone management commission in accordance with the law of Federal Democratic Republic of Nepal. That is, create a buffer zone management plan. It also specifies measures and management of buffer areas. Taking into account environmental conservation, Utilizing forest resources in the buffer zone and present the plan for approval from the responsible agency. Be allowed set up as buffer zone. Specify the buffer zone management commission for the buffer zone controllers, and is responsible for the implementation, operation, and maintenance of the buffer zone. and 2) the state is to specify the competent official to be authorized to certify the possessory right on the buffer zone so that people have the right to live on and utilize the land but not to buy, sell, exchange, rent out, lease, lend or transfer the possession to others except for the legacy inheriting to legitimate heirs only. It is an important measure to encourage people to have the benefit on the buffer zone, comparing to the measure of the Agricultural Land Reform Act BE 2518 (AD 1975). Conclusion: The legal status of the buffer zone includes both state and private land able to be set up as buffer zone, for the right of the people on the buffer zone they have no ownership on the state land set up as buffer zone. People on the buffer zone have no ownership of the state land set up as buffer zone. However, they have the right of possessing, residing, making living and utilizing the land.