Legal Penalties for Land Excavation and Landfill in Thailand Compared to Foreign Laws

Abstract

This research consists purposes were 1. to study the background, concepts, theories and principles of laws related to soil excavation and land filling 2. to comparatively analyze foreign legal measures or methods concerning soil excavation and land filling with Thai legal measures. The comparative countries include Malaysia, the United Kingdom, and Japan 3. to analyze the problems of law enforcement and legal measures related to soil excavation and land filling in Thailand and 4. to propose recommendations regarding legal measures concerning soil excavation and land filling. is a qualitative research study conducted through the examination of various related documents such as books, academic textbooks, journals, academic articles, research reports, theses, as well as legal documents, including the Soil Excavation and Land Filling Act B.E. 2543 (2000) and other relevant laws. The study also includes information from research conducted both in Thailand and abroad. The collected data from these documents are analyzed using content analysis. The research findings revealed that 1) The concepts, theories, and legal principles on soil excavation and land filling in Thailand focus mainly on economic development and urban expansion 2) Malaysia, the United Kingdom, and Japan have legal measures regulating soil excavation and land filling differently, such as soil preservation laws, environmental protection, and land rehabilitation measures 3) From a comparative study, it was found that Malaysia, the United Kingdom, and Japan emphasize environmental protection and land restoration more than Thailand. Thailand’s laws do not clearly require offenders to restore damaged land, leading to ineffective rehabilitation and 4) There should be stricter legal measures in Thailand to control soil excavation and land filling and to prevent future damage.