ราชอาณาจ กรไทย. Table of Contents. Town Planning Act, B.E and Amendments 2. Town Planning Act, B.E

Transcription

1 Table of Contents Town Planning Act, B.E and Amendments 2 Town Planning Act, B.E Town Planning Act (No. 2), B.E Town Planning Act (No. 3), B.E Town Planning Act (No. 4), B.E กรมโยธาธ การและผ งเม อง

2 Town Planning Act, B.E and Amendments กรมโยธาธ การและผ งเม อง 2

3 Town Planning Act B.E (1975) BHUMIBOL ADULYADEJ, REX; Given on the 5 th February, B.E. 1975; Being the 30 th Year of the Present Reign His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to revise the law on town and country planning. Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly acting as the National Assembly, as follows: Section 1. This Act shall be cited as Town Planning Act, B.E (1975) Section 2. [1] This Act shall come into force from the day following the date of its publication in the Government Gazette. Section 3. The Town and Country Planning Act B.E (1952) shall be repealed. All other laws, rules and by-laws in so far as they have already been provided herein, or are contrary to or inconsistent with the provisions of this Act, shall be replaced by this Act. Section 4. In this Act: town planning means planning, formulation and execution in accordance with a comprehensive plan and a specific plan in town and relevant area or country area in order to create or develop a new town or a part thereof or to replace a damaged town or a part thereof, to provide or improve hygienic condition, convenience, order, aesthetics, utilization of property, public safety and social welfare; to promote the economy, the society and surrounding; to preserve or restore a place and an object of artistic, architectural, historical or archaeological use or value; or to maintain natural resources and landscape of beauty or natural interest; [1] Government Gazette, Vol. 92/Part 33/Special Issue, Page 8/13th February B.E (1975). 3

4 comprehensive plan means a plan, policy and project including a measure of general control, to be used as guideline for the development and preservation of town and relevant area or rural area on field of use of property, communication and transportation, public utilities, public services and surrounding in order to achieve the objective of town planning; specific plan means plan and project executed in order to develop or preserve a specific area or relevant operation in town and relevant area or country area, for the benefit of town planning; building means a building according to law on building construction control, including all kinds of erections or any other object placed upon, under or over the surface of land or water; accessory land means privately owned land arranged by a specific plan as a free space or for other public user such as pavement, foot-path, passage way behind or beside a building, water-way, drain, or sewer; open space means an area of land of which a major part is specified in a comprehensive plan or a specific plan to be an open space and shall be used in accordance with purposes specified therein; planning officer, in case wherein relevant area prescribed by the proclamation of the Royal Decree to be surveyed for the planning, formulation or approval of a comprehensive plan and/or a specific plan, means the planning officer specified by such Royal Decree; in case where a comprehensive plan is enforced, means the Director-General of Department of Public Works and Town & Country Planning* or the local officer who plans and formulates the comprehensive plan; in case where a specific plan is enforced, means the person who plans and formulates the specific plan; local officer [2] means: (1) chief executive of the provincial administrative organization, for a provincial administrative organization area; (2) mayor, for any municipality area; (3) chief executive of the subdistrict administrative organization, for a subdistrict administrative organization area; (4) the governor of Bangkok Metropolitan, for the Bangkok Metropolitan Administration area; (5) the mayor of Pattaya City for the Pattaya City Administration area; (6) chief administrate or chief of executive council of other local administrative authority established by the law, for such local administrative authority. [2] The definition of local officer was amended by the Town Planning Act (No. 4), B.E (2015). 4

5 operation officer means the local officer, state organization or state corporation who has the powers and duties to or has been entrusted with powers and duties to execute such acts in accordance with a specific plan; local administrative authority [3] means provincial administrative organization, municipality, subdistrict administrative organization, Bangkok Metropolitan Administration, Pattaya City Administration and other local administrative authority established by the law; provincial governor includes the Governor of Bangkok, in case of planning and formulating of a comprehensive plan or a specific plan in the Bangkok Metropolitan Administration area; Minister means the Minister who is in charge under this Act. Section 5. The Minister of Interior shall be in charge underthis Act and shall have power to promulgate Ministerial Regulations for the execution of this Act. Such Ministerial Regulation shall come into force upon its publication in the Royal Government Gazette. CHAPTER 1 Town Planning Board Section 6 [4]. There shall be a board called the Town Planning Board consisting of : (1) the Permanent Secretary for Interior as the Chairperson; (2) ex officio members consisting of the Permanent Secretary for Agriculture and Cooperatives, the Permanent Secretary for Natural Resources and Environment, the Permanent Secretary for Industry, the Secretary-General National Economic and Social Development Board, the Secretary-General Thailand Board of Investment and the Director of Bureau of the Budget; (3) expert members appointed by the Council of Ministers from persons with thorough knowledge and skill, expertise and experience in town planning, architecture, engineering, law, economics, environment, history or archaeology or social science, Such members shall not exceed nine persons, and at least one of such members shall possess the experience related to an instruction of town planning curriculum in the institution of higher education; (4) members from a representative of the Council of Engineer,a representative of Architect Council, a representative of the Federation of Thai Industries and a representative of Tourism Council of Thailand; [3] The definition of local administrative authority was amended by the Town Planning Act (No. 4), B.E (2015) [4] Section 6 was amended by the Town Planning Act (No. 4), B.E (2015). 5

6 (5) members appointed by the Council of Ministers or representative of independent institution, independent entity and other persons involved in town planning. Such members shall not exceed 4 persons. The Director - General of Department of Public Works and Town & Country Planning shall be a member and the secretary. In case of the planning, formulation, amendment or approval of a comprehensive plan or a specific plan in the Bangkok Metropolitan Administration area the Permanent Secretary for the Bangkok Metropolitan Administration shall participate as a member or in the military security area, the Permanent Secretary for Defence shall participate as a member. Section 6/1 [5]. The qualified members and members from representative of independent institution, independent entity and other persons involved in town planning shall have the qualifications and shall not be under any of the prohibitions as follows: (1) being of Thai nationality; (2) being of not less than thirty-five years of age; (3) not being a bankrupt, incompetent or quasi-incompetent; (4) not having been sentenced by a final judgment to a term of imprisonment, except an offence committed through negligence or a petty offence. (5) not being in a political position, member of local administrative council or local chief administrate, member of executive committee or executive position of political party, adviser or officer of political party. Section 6/2 [6]. The members being representative of independent institution, independent entity and other persons involved in town planning shall not being government officials or local officials who have a permanent post or receive salary. Section 7. The Town Planning Board shall have powers and duties relating to town planning as prescribed by this Act and shall have the duty to advise agencies whose duties concern town planning on matters relating to town planning. Section 8. The Town Planning Board shall have the power to appoint one or more subcommittees in order to perform acts or deliberate on matters within powers and duties of the Board, or to assist in performing of any acts as entrusted and report to the Board. The provisions of Section 11 and Section 12 shall apply mutatis mutandis. Section 9 [7]. The qualified members and members being representative of independent institution, independent entity and other persons involved in town planning shall hold office for a term of three years. [5] Section 6/1 was added by the Town Planning Act (No. 4), B.E (2015). [6] Section 6/2 was added by the Town Planning Act (No. 4), B.E (2015). [7] Section 9 was amended by the Town Planning Act (No. 4), B.E (2015). 6

7 In case where the qualified members and members being representative of independent institution, independent entity and other persons involved in town planning, vacate office before the expiration of the term of office or in case where a new member is appointed by the Council of Ministers while the appointed members remain in office, the appointee,who is fulfiling vacancy or being additional member as such, shall be in office for the remaining term of the appointed members. At the end of the term of office under Paragraph one, if the new qualified members or members being representative of independent institution, independent entity and other persons involved in town planning have not been appointed, the members who vacate office shall remain in office to continue their duties until the newly appointed members have been appointed. The expert member and representative member of independent institution, independent entity and other persons involved in town planning who vacates office at the expiration of term may be reappointed, provide that there shall not be more than two consecutive terms. Section 10 [8]. In addition to vacating office at the expiration of the term, the qualified members and members being representative of independent institution, independent entity and other persons involved in town planning shall vacate office upon: (1) death; (2) resignation; (3)being dismissed by the Council of Ministers on the grounds of neglect of duty, misconduct or lack of ability; (4) being disqualified or being under any of the prohibitions under Section 6/1 or Section 6/2. Section 11. At a meeting of the Town Planning Board, the presence of not less than one-half of the members is required to constitute a quorum. If the Chairperson is not present at the meeting, the members present in the meeting shall elect one among themselves to act as a chairperson in such meeting. Section 12. A decision shall be made by a majority of votes. Each member shall have one vote. In case of equal votes, the presiding member shall have an additional vote as the casting vote. Section 13. The Department of Public Works and Town & Country Planning* shall comply with the resolutions of the Town Planning Board. In case where the matter falls within powers and duties of another agency or person under this Act or other laws, The Department of Public Works and Town & Country Planning* shall promptly notify such agency or person of the resolution of the Town Planning Board and monitor the execution of such agency or person, and report the results to the Town Planning Board without delay. [8] Section 10 was amended by the Town Planning Act (No. 4), B.E (2015). 7

8 CHAPTER 2 Site Survey for the Planning and Formulation of a Comprehensive Plan or a Specific Plan Section 14. In case of planning and formulation of a comprehensive plan or a specific plan, a Royal Decree may be issued in order to prescribe the land areas to be surveyed for the planning and formulation of a comprehensive plan or a specific plan. such Royal Decree shall specify: (1) the purpose of the survey in the planning and formulation of a comprehensive plan or a specific plan; (2) the planning officer; (3) the locality to be surveyed with a map indicating the surveyed areas attached to of the Royal Decree; (4) the enforcement period of the Royal Decree which shall not exceed five years; Section 15. During the enforcement period of the Royal Decree prescribing the land area to be surveyed, the planning officer shall have the powers as follows: (1) to enter and perform any action as may be necessary for the survey; (2) to demarcate the area intended to be in a comprehensive plan or specific plan boundary; (3) to prescribe rules for property utilization for the benefit of the planning and formulation of a comprehensive plan or a specific plan, provided that the approval from Town Planning Board has been granted; (4) to make a marking for level, limit and boundary line as necessary ; (5) to notify government agencies, state corporations or state enterprises to submit maps or plans indicating the boundary lines for the benefit of the planning and formulation of a comprehensive plan or a specific plan as necessary; however, the planning officer shall not enter any building, courtyard or enclosed garden adjoining dwelling house, except with consent from the owner or occupier of such immovable property, or when such owner or occupier has been notified of the act to be performed not less than three days prior to the beginning of such act. Section 16. The Royal Decree issued under Section 14 shall cease to be in force either when a Minister Regulation enforcing a comprehensive plan or when the Act enforcing a specific plan has come into force, in the area specified in such Royal Decree. 8

9 CHAPTER 3 The Planning and Formulation of a Comprehensive Plan Section 17 [9]. A comprehensive plan shall consist of: (1) the purpose for the planning and formulation of the comprehensive plan shall take into account the order, aesthetics, utilization of property, public safety and social welfare, economy, natural resources, preservation of a place of artistic, architectural, historical or archaeological value and provision of surrounding which are equally accessible and available to utilize for all; (2) a map indicating the zone of the comprehensive plan and information of landscape and altitude; (3) one or more plans indicating some or all of the following key contents: (a) a land use plan classified to land use category; (b) open space plan; (c) transportation plan; (d) public utility plan; (4) plan inventory; (5) regulation of action or prohibition of an act in order to execute the comprehensive plan in accordance with its purposes as follows: (a) category and size of activities allowed or not allowed; (b) category, type, size, height and characteristics of buildings allowed or not allowed; (c) floor area ratio; (d) building coverage ratio; (e) open space ratio; (f) setback from natural boundary, land lot, building or other places as necessary; (g) size of land lot where construction is allowed; (h) other necessary regulations as prescribed by the Minister, by the advice of the Town Planning Board. In case the comprehensive plan does not contain any regulation under subsections (a), (b), (c), (d), (e), (f), (g) and (h), the approval of such comprehensive plan from Town Planning Board on reasonable ground is required. (6) policy, measure and procedure to carrying out in ensuring the objectives of the plan are achieved. [9] Section 17 was amended by the Town Planning Act (No. 4), B.E (2015). 9

10 Section 18. where it is deemed appropriate to prepare a comprehensive plan in any area, the Department of Public Works and Town & Country Planning* may prepare a comprehensive plan of such area, or the local officer may prepare a comprehensive plan of the area within its jurisdiction. In case where the local officer prepares the comprehensive plan the approval from the Town Planning Board is required. If the boundary of a comprehensive plan consists of many local administrative authority areas the Town Planning Board may order the Department of Public Works and Town & Country Planning* or the local officer of one area or of the relevant areas to jointly prepare a comprehensive plan and may share the expenses which each local administrative authority shall pay for its part. In case where the local officer asks for advice from the Department of Public Works and Town & Country Planning in the planning* and formulating of a comprehensive plan, the Department of Public Works and Town & Country Planning* shall co-operate with the local officer as requested. Section 19 [10]. When the Department of Public Works and Town & Country Planning* intends to prepare a comprehensive plan of any area, the Department of Public Works and Town & Country Planning* shall notify the local officer of such area and such local officer shall give opinion to the Department of Public Works and Town & Country Planning*. In preparation of any comprehensive plan, the Department of Public Works and Town & Country Planning* or the local officer, as the case may be, shall arrange for advertising in order to notify the public, then hold not less than one meeting in order to hear the public opinion from persons in the area for which the comprehensive plan is prepared. In such public hearing, the meeting may allow only representatives of the persons in such area to attend as deemed appropriate. The requirements, procedures and conditions for advertising, meeting, and hearing shall be prescribed by a Ministerial Regulation. Section 20. When a local officer has prepared a comprehensive plan, the local officer shall submit such comprehensive plan to the Department of Public Works and Town & Country Planning* for consideration. If the Department of Public Works and Town & Country Planning* considers that there should be amendments to the comprehensive plan, it shall notify the local officer the reasons. If the local officer disagrees with the opinion of the Department of Public Works and Town & Country Planning*, he shall notify his reasons to the Department of Public Works and Town & Country Planning* and the Department of Public Works and Town & Country Planning* shall execute in accordance with Section 22 without delay [10] Section 19 was amended by the Town Planning Act (No. 3), B.E (1992). 10

11 Section 21 [11]. When preparing a comprehensive plan is planned and formulated in an area of any province, the governor of such province shall appoint a Comprehensive Plan Advisory Committee in each area of such comprehensive plan, such committee shall consist of representatives of the local government agencies, representatives of the Department of Public Works and Town & Country Planning*, representatives of government agencies in such area and other persons as deemed appropriate. The member of such committee shall not be less than fifteen persons and shall not exceed twenty - one persons. Such committee shall have the duty to advise and give opinions regarding the comprehensive plan which the Department of Public Work and Town & Country Planning* or the local officer has prepared. In case of preparing a comprehensive plan in an area which overlaps two provinces or more, the Town Planning Board shall have the power to appoint the Comprehensive Plan Advisory Committee. The Minister shall stipulate rules on appointing and duty of such Comprehensive Plan Advisory Committee. The provisions on the meeting in Chapter 1 shall apply to the meeting of the Comprehensive Plan Advisory Committee mutatis mutandis. Section 22. The Department of Public Works and Town & Country Planning* shall submit the Comprehensive plan prepared by the Department of Public Works and Town & Country Planning* or the local officer to the Town Planning Board for review. In case where the Department of Public Works and Town & Country Planning* considers that there should be amendments or change to a comprehensive plan prepared by the local officer but the local officer disagrees with such amendments or changes, the opinion of the Department of Public Works and Town & Country Planning* and the reasons of the local officer shall also be submitted. Section 23 [12]. Upon approval from the Town Planning Board, the Department of Public Works and Town & Country Planning* or the local officer whoprepared such comprehensive plan shall arrange for public notification of the map indicating the boundary of the comprehensive plan in order to notify the public in a prominent location at the district office or municipal district office of the Bangkok Metropolitan Administration or district office or office of local administrative authority** and public place within the boundary of the such comprehensive plan for the time period of no less than ninety days, provided that the date of notification shall be indicated in such notification. Such notification shall notify stakeholders to inspect the plan and the regulation of such comprehensive plan at the Department of Public Works and Town & Country Planning* or the office of local officer who prepared such comprehensive plan. The procedures of public notification shall comply with the Rules of the Ministry of Interior. [11] Section 21 was amended by the Town Planning Act (No. 3), B.E (1992). [12] Section 23 was amended by the Town Planning Act (No. 2), B.E (1982). 11

12 Section 24 [13]. If, within ninety days from the date of notification under Section 23, any stakeholders makes an appeal in writing to the Department of Public Works and Town & Country Planning* or the local officer requesting for amendment, change or repeal of any regulation regarding the land use of such comprehensive plan, regardless of whether the Department of Public Works and Town & Country Planning* or the local officer agree with such appeal, the Department of Public Works and Town & Country Planning* or the local officer, as the case may be, shall submit such appeal with its opinion to the Town Planning Board. In case an appeal is submitted by the local officer, it shall be proceeded through the Department of Public Works and Town & Country Planning*. In case where the Town Planning Board agrees with the appeal, the Town Planning Board shall order the Department of Public Works and Town & Country Planning* or the local officer, as the case may be, to amend, change or repeal such regulation in the comprehensive plan. If it disagrees with the appeal, it shall dismiss such appeal. Section 25 [14] As the period of ninety days from the date of notification under Section 23 has elapsed and stakeholders make any appeal to amend, change or repeal the regulations regarding the land use of such comprehensive plan, or an appeal was made but the Town Planning Board has rejected such appeal, or the Town Planning Board has ordered relevant authority to amend, change or repeal such prescription and the Department of Public Works and Town & Country Planning* or the local officer, as the case maybe, has already complied with such order, the Department of Public Works and Town & Country Planning* shall submit the comprehensive plan to the Minister to promulgate the Ministerial Regulations enforcing such comprehensive plan. CHAPTER 4 Enforcement of Comprehensive Plan Section 26 [15] In enforcing a comprehensive plan Ministerial Regulation shall be promulgated and such, Ministerial Regulation shall have matters as prescribed under Section 17. [13] Section 24 was amended by the Town Planning Act (No. 2), B.E (1982). [14] Section 25 was amended by the Town Planning Act (No. 2), B.E (1982). [15] Section 26 was amended by the Town Planning Act (No. 4), B.E (2015). 12

13 The Department of Public Works and Town & Country Planning or the local officer, the as case maybe, shall prepare an evaluation report on circumstances and environmental changes in relation to the comprehensive plan being enforced within the period specified by the Town Planning Board but shall not exceed five years from the date of Ministerial Regulation enforcing such comprehensive plan came into force, or from the date the Town Planning Board has completed reviewing the previous education. Such report shall be submitted to the Town Planning Board for review. If the Town Planning Board considers that there is material change in the circumstances or the environment which reflect that such comprehensive plan is no longer suitable for developments or preservation of the town, or such comprehensive plan should be amended or changed for the benefit of town developments in view of economy, society and environment, the Department of Public Works and Town & Country Planning or the local officer shall make amend by preparing a new comprehensive plan which is more suitable. The preparation of evaluation report under Paragraph two shall be in accordance with rules prescribed by the Town Planning Board. Such report shall indicate the fact regarding change of the land use, population density, government policy or project, situation of economy, society and environment, transportation, disaster protection, national security and other related factors in relation to town planning and shall also take public participation into consideration. Section 26/1 [16] The amendment of the comprehensive plan in any area or any part thereof to make it suitable to the change in circumstances and environment or for the public benefit, the Department of Public Works and Town & Country Planning or the local officer, as the case may be, shall submit such amendment to the Town Planning Board for review. Upon approval by the Town Planning Board, the Department of Public Works and Town & Country Planning* or the local officer shall arrange for public relations to notify the public and relevant person, and shall arrange for public notification of the map indicating the boundary of the amended comprehensive plan with details of amendment in the prominent location of district office of the Bangkok Metropolitan Administration or district office or office of local administrative authority** and public place within the boundary of the such comprehensive plan for a period of no less than thirty days. Such public notification shall make known to stakeholders are to make comment in writing within the period of time as specified in the announcement. In case where any stakeholder makes any comment on the amendment of such comprehensive plan within the period specified in the announcement per Paragraph one, the Department of Public Works and Town & Country Planning or the local officer, as the case may be, shall submit such stakeholder s comment along with the opinion of the Department of Public Works and Town & Country Planning or the local officer, as the case may be, to the Town Planning Board. In case where the comment is submitted by the local officer, it shall be proceeded through the Department of Public Works and Town & Country Planning. [16] Section 26/1 was added by the Town Planning Act (No. 4), B.E (2015). 13

14 Once Town Planning Board approves the comments made by such stakeholder, the Town Planning Board shall order the Department of Public Works and Town & Country Planning or the local officer, as the case may be, to amend the comprehensive plan in accordance with suchcomment. However, if the Town Planning Board does not approve the comment of such stakeholder, the Department of Public Works and Town & Country Planning shall submit the comprehensive plan to the Minister to promulgate the Ministerial Regulations amending the comprehensive plan. When the period per Paragraph one has elapsed and no stakeholder makes any comment, the Department of Public Works and Town & Country Planning shall proceed in accordance with Paragraph three. Section 27. In the area where a Ministerial Regulation enforcing the comprehensive plan has been in force, no person may utilize the land in a manner diverging from that prescribed in the comprehensive plan or perform any act in contravention of the prescription of such comprehensive plan. The provisions under Paragraph one shall not apply to the case where the land owner or the land occupier has utilized the land prior to the promulgation of the Ministerial Regulation enforcing the comprehensive plan and will continue such land use after the Miniterial Regulation enforcing the comprehensive plan is in force. However, if the Town Planning Board regards that continuation of such land use is in contravention of the policy of the comprehensive plan in material matters concerning hygenic conditions, public safety and social welfare, the Town Planning Board has the power to prescribe the requirements, procedures and conditions by which the land owner or the land occupier shall correct, change, or suspend such land use within a specific period as deemed appropriate. The prescribtion of such requirements, procedures and conditions shall consider the activities of the land use, land conditions and other property concerned with the land, investment, benefits or nuisance towards the public in relation to such activities. In addition, the Town Planning Board shall call upon the land owner or the land occupier to give facts and opinions. When the requirements, procedures and conditions under Paragraph two have been determined, the Town Planning Board shall issue a notice to the land owner or the land occupier and the land owner or the land occupier has the right to appeal in accordance with Section

15 CHAPTER 5 The Planning and formulation of a Specific Plan Section 28. A specific plan shall consist of: (1) the purpose for the planning and formulation of the specific plan; (2) a map indicating the boundary of the specific plan (3) one or more plans or area plans together with a prescription having some or all of the following key content: (a) a land use plan designated land use in according to the classification of activities, with the boundary line dividing the land into types and zone; (b) transportation plan with details indicating the boundary and size of public ways; (c) a detailed plan on public utilities; (d) open space plan; (e) a plan indicating a topographic of land surface; (f) a plan indicating the sites of places or objects of artistic, architectural, historical or archaelogical benefits or values, and whose preservation or restoration should be promoted; (g) a plan indicating areas of natural resources or natural aesthetic or valuable landscape, including a tree or groups of trees, to be promoted or maintained; (4) inventory and explanation of the plans in (3), including the category and type of buildings whose construction is allowed or not allowed; (5) prescription of performance or prohibition of an act in order to execute the specific plan in accordance with some or all of its purposes as follows: (a) guideline and size of accessory land; (b) category, type, size and number of buildings of which the construction is allowed or not allowed; (c) category, type, size, number and characteristics of buildings which have deteriorated or which is in an unpleasant condition or is likely to cause danger to residents or passers-by, and which will be subject to an order to demolish or to relocate by the Local Town Planning Executive Board under Section 55; (d) Use of newly constructed or modified building, which does not comply with the use indicated in the construction permit, and which requires permission from the local officer; (e) size and plot of the land which is to be permitted as construction site of a building for benefits indicated in the specific plan, including the area of land allocated as open space for such benefits; (f) promotion, preservation or maintainance of places or objects which have artistic, architectural, historical or archaelogical benefits or values; (g) preservation of open space; (h) promotion or preservation of a tree or groups of trees; (i) demolition, relocation or modification of building; (j) other acts as necessary for the execution of the purposes of the specific plan; 15

16 (6) details indicating other lands or immovable properties which are to be expropriated, including the list of their lawful owners or occupiers, with a map indicating land boundary or other immovable properties to be expropriated for the benefit of town planning, to be used as highway under Section 43(1); (7) details indicating other lands or immovable properties which are to be expropriated, including the list of their lawful owners or occupiers, with a map indicating land lot or other immovable properties to be expropriated for other benefits of town planning under Section 43 (2); (8) details and map indicating land or immovable property which are public domain or of which a ministry, bureau, department, province, local administrative authority** or state corporation is the owner, occupier or caretaker, and which will be used as highway or for other benefits of town planning; (9) map, plan, or other details as necessary. Section 29 [17]. When a Minister Regulation enforcing a comprehensive plan has come into force in any area, if the local officer of such area considers it appropriate to prepare a specific plan or to request the Department of Public Works and Town & Country Planning* to prepare a specific plan, such specific plan shall conform to the comprehensive plan. If there is no comprehensive plan being enforced in such area, the Minister may order the Department of Public Works and Town & Country Planning* or the local officer to prepare a specific plan. In case where the local officer prepares a specific plan, the local officer shall submit the principle of the preparation of the specific plan to the Town Planning Board for approval. In so doing, the local officer may present or consult the Department of Public Works and Town & Country Planning* on matters in relation to a preparation of a specific plan. Section 30. In case where the local officer is planning to prepare the specific plan under Section 29, the local officer shall arrange a public notification indicating the estimated boundary of the specific plan in a prominent location at the district office or the municipal district of the Bangkok Metropolitan Administration or the district office or the office of local administrative authority** and in the public space within the boundary of such specific plan. Section 31. In case where the Department of Public Works and Town & Country Planning* prepares a specific plan in accordance with an order of the Minister or a request of the local officer under Section 29, the Department of Public Works and Town & Country Planning* shall submit the map indicating the estimated boundary has given its approval of the specific plan to the local officer for the public notification in a prominent location in accordance with Section 30. [17] Section 29 was amended by the Town Planning Act (No. 3), B.E (1992). 16

17 Section 32. In the public notification of the estimated boundary where the specific plan is to be prepared under Section 30 and Section 31, there shall be notification made to land owner, land occupier or person with the right to construct building over another person s land to comment on and declare intention toward land development in the indicated boundary, such comment or intention shall be made in writing to the local officer or the Department of Public Works and Town & Country Planning*, as the case may be, within forty-five days from the date of the notification. The local officer or the Department of Public Works and Town & Country Planning* may serve a notice to the person submitting the comment or intention in writing under Paragraph one to substantiate such comment or intention. Section 33. In the preparation of any specific plan, the Department of Public Works and Town & Country Planning* or the local officer, as the case may be, shall arrange for advertisement in order to notify the public, then hold not less than two meetings in order to hear the public opinions from persons in the area for which the specific plan is prepared. In such public hearing, the meeting may allow only representatives of the persons in such area to attend as deemed appropriate. The requirements, procedures and conditions for advertising, meeting, and hearing shall be prescribed by a Ministerial Regulation. Section 34. If the land owner, the land occupier, or the person with right to construct building over another person s land intends to subdivide a land or construct a building for the benefit of education, public health, or public facilities in the boundary notified under Section 30 or 31, such person shall submit such intention in writing along with the details of such project to the local officer or the Department of Public Works and Town & Country Planning* as the case may be. Section 35. Upon receipt of such letter of intention under Section 32 or Section 34, the local officer or the Department of Public Works and Town & Country Planning* may approve or reject the proposal, or instruct the person intending to subdivide a land or construct a building, in writing, to amend the land subdivision or construction project to comply with the principle approved by the Town Planning Board under Section 29 within thirty days from the date the letter of intention was received. The land owner or the land occupier who disagrees with the rejection or the instruction to amend such proposal has the right to appeal under Section

18 Section 36. When the local officer or the Department of Public Works and Town & Country Planning* considers that the land subdivision and the type of building to be constructed complies with the principle approved by the Town Planning Board under Section 29, the local officer or the Department of Public Works and Town & Country Planning* may engage in a contract to subdivide the land or build the building with the person having intention under Section 34. In case where the contract party is the person with right to construct building over another person s land, the consent of the lawful land owner and the lawful land occupier must be obtained. The contract to be concluded with the local officer or the Department of Public Works and Town & Country Planning* shall also consist of the site plan of the building and the design of the building to be constructed in detail. A procedure to submit the plan under Paragraph one shall be in accordance with the Rules prescribed by the Ministry of Interior. Section 37. The preparation of a specific plan shall comply with the contract under Section 36 and shall take into account the construction permission of building within the period prescribed in the Royal Decree precribing the land areas to be surveyed for the planning and formulation of a specific plan. Section 38. In case where the local officer prepares a specific plan under Section 29, it shall submit the specific plan to the Department of Public Works and Town & Country Planning* for review. If the Department of Public Works and Town & Country Planning* disapproves the specific plan and the local officer is unable to amend such specific plan in accordance with the opinion of the Department of Public Works and Town & Country Planning*, the Department of Public Works and Town & Country Planning* shall submit such specific plan to the Town Planning Board for its final decision. Section 39. In case where the Department of Public Works and Town & Country Planning* prepares a specific plan in accordance with an order of the Minister or a request of the local officer under Section 29, it shall submit the specific plan to the local officer for review. If the local officer disagrees with the specific plan and the Department of Public Works and Town & Country Planning* considers that it is unable to amend such specific plan in accordane with the opinion of the local officer, the Department of Public Works and Town & Country Planning* shall submit it to the Town Planning Board for its final decision. Section 40. When the Town Planning Board approves the specific plan prepared by the local officer or the Department of Public Works and Town & Country Planning*, the Department of Public Works and Town & Country Planning* shall submit the specific plan to the Minister in order to proceed with the enactment of the Act enforcing such specific plan. 18

19 CHAPTER 6 Enforcement of Specific Plan Section 41. The enforcement of a specific plan in any area shall be done by the enactment of an Act. Unless the Act enforcing the specific plan provides otherwise, such Act shall be in force for a period of not exceeding five years. Once the period under Paragraph one has expired, if the local officer or the Department of Public Works and Town & Country Planning* considers it appropriate to extend the enforcement period of the Act, it shall submit the opinion to the Town Planning Board in order to proceed with the enactment of an Act extending the enforcement period of the specific plan. The Act extending the enforcement period may amend and revise the specific plan so as to make it suitable to the changing circumstances or environment. Section 42. During the enforcement period of the Act enforcing the specific plan in any area, if the local officer or the Department of Public Works and Town & Country Planning* considers that the circumstances or the environment in the boundary of the specific plan have changed and that it is appropriate to amend the prescription or details of the specific plan prescribed by the Act enforcing the specific plan accordingly, the local officer or the Department of Public Works and Town & Country Planning* shall submit the proposal to amend the specific plan to the Town Planning Board. If the Town Planning Board approves the amendment and such amendment and does not change the prescription and details regarding the expropriation of land or other immovable properties or regarding the demolition or relocation of a building, or does not cause the expropriation of land or other immovable properties or the demolition or relocation of new building, the Town Planning Board shall report to the Minister in order to issue the Ministerial Regulations amending the specific plan. Section 43. Upon the publication of the Act enforcing the specific plan in any area, the land or other immovable properties owned or occupied by private person, and expropriation is prescribed by the Act enforcing the specific plan, if: (1) it is to be used as highway, shall be deemed expropriated under the law on highways and the provisions of such law shall apply to the expropriation mutatis mutandis, however, except where the Act enforcing the specific plan specifically provides for; (2) it is to be used for other benefits of town planning, shall be deemed expropriated under the law on immovable property expropriation and the provisions of such law shall apply to the expropriation mutatis mutandis, except where the Act enforcing the specific plan specifically provides for. 19

20 In both cases, the Director-General of the Department of Public Works and Town & Country Planning* or the provincial governor of the area indicated in the Act enforcing the specific plan shall be the expropriation officer, and the land lot or other immovable property to be expropriated in the map annexed to the Act enforcing the specific plan shall be deemed the expropriated land lot or other immovable property. In case where the Act enforcing the specific plan comes into force within five years from the date of enforcement of the Royal Decree prescribing land areas to be surveyed under Section 14, unless compensation is otherwise prescribed by the Act enforcing the specific plan, the compensation to be paid to the owner or occupier under this Section shall be determined by the equitable price of the expropriated property at the date of enforcement of such Royal Decree. In case the Act enforcing the specific plan comes into force without the issuance of such Royal Decree or comes in force after the period of five years from the date of enforcement of such Royal Decree has passed and compensation is not otherwise prescribed by the Act enforcing the specific plan, the compensation shall be determined by the equitable price of the expropriated property at the date of enforcement of the Act enforcing the specific plan. In case of an expropriation of immovable property for the purpose of improvement in accordance with a specific plan, when the operation officer has carried out the improvement and intends to rent out or makes profit from such immovable property, it may do so but such act shall not result in the transfer of ownership of such immovable property. The transfer of ownership of the expropriated immovable property for the purpose of such improvement may only be done by enactment of an Act. Section 44. In case where it is necessary to take possession of the immovable property under Section 43 (1), the operation officer shall agree with the owner, occupier, or caretaker on the scheduled time of the taking of possession. In case where it is necessary to take possession of the immovable property under Section 43 (2) and the Act enforcing the specific plan provides that the operation officer may take possession of the immovable property before the making of payment or paying of compensation under the law on immovable property expropriation, the provisions of Paragraph one shall apply mutatis mutandis but the scheduled date on which the operation officer or the person assigned by the operation officer shall take possession shall not be less than thirty days from the date of the issuance of the letter indicating intention to take possession on such immovable property. 20

21 In the case where the owner or occupier of the immovable property under Section 43 (2) cannot be found and it is not possible to serve a letter of intention to the owner or occupier, the date scheduled for the taking of possesstion shall not be less than thirty days from the date of the affixation of notification at the place of such immovable property. When the scheduled time under Paragraph two or Paragraph three has passed, the operation officer or the person assigned by the operation officer shall have the power to take possession of such immovable property, notwithstanding that the compensation has not been paid. Section 45. The Minister shall have power to issue Ministerial Regulations to determine : (1) details of any prescription under the Act enforcing the specific plan ; (2) requirements and practice in order to execute the Act enforcing the specific plan Such Ministerial Regulations shall come into force upon their publication in the Royal Government Gazette. Section 46. The Ministerial Regulations issued under Section 45 shall apply in place of all regulations or municipal ordinances issued by virtue of the law on building construction control,the law on public health, the law on public cleanliness and orderliness, the law on cemetery and crematory control and other laws concerning the land use or immovable property which are still in force in the area of enforcement of the Act enforcing the specific plan, insofar as the Ministerial Regulations issued under Section 45 have already provided for or insofar as it is contrary to or inconsistent with the Ministerial Regulations issued under Section 45. Section 47. In the area in which the Act enforcing the specific plan is in force but the Royal Decree enforcing the law on building construction control has not yet been publicized, the Royal Decree enforcing the law on building construction control shall be deemed publicized in such specific plan boundary, including the surrounding area within one kilometer of the boundary line of the specific plan zone. In the surrounding area within one kilometer of the boundary of the specific plan zone in which the law on building construction control is in force under Paragraph one, the local officer who has the authority to approve building construction, modification, extension or reparation under the law on building construction control shall submit the principles to the Local Town Planning Executive Board for its review, and the provincial governor shall supervise the execution of the local officer to ensure its conpliance with the principles determined by the Local Town Planning Executive Board. 21

22 Section 48. In the area in which the Act enforcing the specific plan is in force, no person shall utilize land, or modify or change immovable property in a manner diverging from the prescription of the Act enforcing the specific plan or of the Ministerial Regulations issued under Section 42 or Section 45. Section 49. In case the boundary of the specific plan consists of areas of many local administrative authorities**, the Minister may issue a Ministerial Regulation granting the power to the local officer of one of the local administrative authorities** to solely approve building construction, modification, extension or reparation. In this case, such local officer shall have power and duty to approve building construction, modification, extension or reparation throughout such specific plan boundary under the law on building construction control. CHAPTER 7 The Local Town Planning Executive Board Section 50. In any area which the Act enforcing the specific plan is in force, there shall be a Local Town Planning Executive Board consisting of the persons as follow : (1) in the Bangkok Metropolitan Administration area, the Governor of Bangkok as the chairperson, a representative of the Ministry of Public Health, a representative of the Treasury Department, a representative of the Department of Public Prosecutor, a representative of the National Housing Authority, a representative of the Industrial Estate Authority of Thailand,a representative of the Department of Public Works and Town & Country Planning*, Land Officer of Bangkok, Chief of Town Planning, Bangkok Division, not more than four experts on town planning or the fields directly related to town planning, and not more than four persons from representatives of institutions, independent entities, and other persons involved in town planning, appointed by the Minister as members; (2) in the area of other provinces, the Provincial Governor as the Chairperson, the Chief of Provincial Revenue Office,the Senior Chief Physician, the Chief of Provincial Office of Public Works and Town & Contry Planning*, the Provincial Chief Public Prosecutor, the Provincial Chief Land Officer, not more than three experts on town planning or fields directly related to city planning, and not more than three persons from representatives of independent institutions or organizations and other persons involved in city planning, appointed by the Minister, as members. In case where the execution is required in the area of any municipality or sanitary distrct, the Mayor of such municipality or the President of such sanitary district shall also be member and in case where the execution is required in the area outside the municipality or sanitary district, the District Chief Officer of such area shall also be member. 22