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Thailand prepares to amend the Factory Act and establish Industrial Fund enhancing industrial waste management



As The government has received complaints and found the cases of illegal dumping of industrial waste including hazardous substances, which caused pollution and environmental problems. Additionally, some of business operators violate regulations introduced by the Government agencies. The relevant government agencies try to solve these issues. while it will cost to restore environment from pollution caused by improper waste management.


Although Section 42 of the Factory Act B.E. 2535 (1992) allows government agencies to the Environmental Fund in initial assistance, i.e., handling the cases on behalf of the private sector, the government agencies cannot use the fund for industrial waste management, as the cases of mismanagement of industrial waste do not meet with the criteria of Environmental fund. 


Under such circumstances, the Department of Industrial Works (DIW) proposes the establishment of an 'Industrial Fund' to prevent and mitigate any damage caused by industrial operation, including the cases of improper industrial waste management and illegal dumping [1].

The Industrial Fund will collect the contributions from factory Type 2 & Type 3 and any factories classified as types 101, 105, and 106. the criteria and procedures for collecting the contributions into the fund including the collection rate is under consideration by DIW, then these details will be announced as a notification of Ministry of Industry. This proposal is included in the draft of the new Factory Act, which is under consideration as well as the proposal to increase the penalties for imprisonment and fines for industrial factories that violate the law. [2]


On May 14, 2024, DIW held a public hearing to gather feedback & comment from stakeholders. After considering the feedback, the draft will be revised and submitted to the Cabinet for further consideration and approval. [3] 

 

 


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