มาตรการทางกฎหมายในการจัดการของเสียอันตรายจากโรงงานนอกเขตการนิคมอุตสาหกรรม LEGAL MEASURES ON HAZARDOUS WASTE MANAGEMANT OF INDUSTRIES OUTSIDE THE INDUSTRIAL ESTATE

Abstract

This article presents the issues on the Thai Law on hazardous waste management. The study’s objectives are described as the followings: 1) To study concepts, principles, basic theories and foreign legal measures related to the management of hazardous waste from industrial plants; 2) To study the legal problems in the management of hazardous waste and obstacles in the operation of the relevant agencies; and 3) To study and find ways to improve the relevant laws to be in line with international and in accordance with the spirit of the Constitution of the Kingdom of Thailand. Moreover, this study applies a qualitative research by documentary research from textbooks, thesis, laws, journals, and document online. As a result of this study, this article shows the following findings: 1) The criminal enforcement measures in environmental cases are not effective because the penalties do not divide the offenders between persons and legal entities. In foreign countries, the development of criminal penalties is appropriate for legal entities that commit offenses such as Amending penalties to higher fines or take measures other than criminal punishment; 2) there was a problem in the competent governmental organization. In some countries, there are independent governmental organization to providing effective measures; and 3) there is a law attaching importance to assigning it as the duty of people in environmental management.