Community Waste-to-Energy (WTE) Power Plants after the Repeal of Head of NCPO Order
- Kanokwan Olanrungreang
- Apr 22
- 2 min read
MOI has established four guidelines for "Community based Waste-to-Energy (WTE) and Biomass Power Plants". Following inquiries from Local Administrative Organizations (LAOs) regarding "Comprehensive Land Use Plans" for power plants with a capacity of 1,000 kW or 1 MW located in rural and agricultural conservation zones, as well as existing operational plants, after the repeal of NCPO’s order.
On April 22, 2026, the Ministry of Interior (MOI) revealed that the Department of Local Administration (DLA) and the Department of Public Works and Town & Country Planning (DPT) have issued clarification letters to provincial governors and LAOs nationwide. This action addresses inquiries on how to proceed after 'the Act on the Repeal of Announcements of the National Council for Peace and Order, Orders of the National Council for Peace and Order, and Orders of the Head of the National Council for Peace and Order That Are No Longer Necessary and Inappropriate for the Present Circumstances, B.E. 2568 (2025)' came into effect.
Head of the National Council for Peace and Order (NCPO) Order No. 4/2559, issued under Section 44 of Interim Constitution of Thailand 2014, provided exemptions from Ministerial Regulations on Comprehensive Land Use Plans for factory No. 89, 101, 105, 106 and other waste disposal related businesses [1]. Essentially, this allowed WTE and biomass power plants to be established in any area to accelerate renewable energy projects under the national power development plan. However, this led to the construction of power plants in community areas or agricultural areas ("Green Zones") without complying with original zoning laws. Consequently, it sparked environmental disputes and community rights conflicts due to a lack of public participation, leading to complaints regarding pollution and changes in land utilization.
Section 4 of this Act mandates the repeal of Head of NCPO Order No. 4/2559. This repeal directly impacts "Waste-to-Energy Projects" located in rural and agricultural conservation zone. As a result, the related agencies have clarified four practical guidelines as follows:
1. Compliance with Current Land Use and Zoning law: The enforcement of comprehensive land use plans must adhere to the Ministerial Regulations, Ministry of Interior Announcements, or local ordinances currently in effect.
2. Ongoing Operations: Businesses that were previously granted exemptions under Head of NCPO Order No. 4/2559 and are currently operational shall continue to be exempted until the business is closed or its license is revoked.
3. Pending Applications: Any applications for certification or permits submitted under Head of NCPO Order No. 4/2559 that are still under review may proceed until completion. However, if new Notification of MOI or local ordinances are enacted during the deliberation process, the consideration must then comply with the newly established laws.
4. Power Plant License Renewals: For power plant operators (Factory No. 88) who were exempted from Ministerial Regulations under Head of NCPO Order No. 4/2559, such exemptions will remain valid even upon the renewal of their operating licenses.
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