Thailand Law Library

by Thailand Lawyer

Chapter 1: Land Development Commission

There shall be, in every Province, the Provincial Land Development Commission, as follows:

1. in Bangkok Metropolis, there shall be the Bangkok Land Development Commission consisting of Director-General of the Department of Lands or Deputy Director-General of the Department of Lands as entrusted by the Director-General as the Chairman, the representative of the Office of the Prosecutor-General, the representative of the Bangkok Metropolitan Administration, the representative of the Department of Town and Country Planning, the representative of the Royal Irrigation Department, the representative of the Office of the Environmental Policy and Planning and four qualified persons appointed by the Permanent-Secretary of the Ministry of Interior as members, and the representative of the Lands Department as a member and secretary;
2. in any other Province, there shall be the Provincial Land Development Commission consisting of the Changwad Governor or Deputy Changwad Governor entrusted by the Changwad Governor as the Chairman, Changwad Public Prosecutor who is the chief of the Changwad Office of Public Prosecution, Palad Changwad, Changwad Town and Country Planning Official, Changwad Public Works Official, the representative of the Royal Irrigation Department, the President of the Changwad Administrative Organization and four qualified persons appointed by the Permanent-Secretary of the Ministry of Interior as members, and a Changwad Land Official as a member and secretary.

In the case where the consideration or approval must be made or given in connection with the development of the land located in the territory of any local government organization, one representative of administrators of each of such local government organizations shall also be a joint member.

In appointing the qualified members under (1) and (2), the Permanent-Secretary of the Ministry of Interior shall make the appointment from persons in the private sector, who are not land developers and who have knowledge, capability or experience in the field of real estate improvement, town planning, community management or law.

The Commission has the powers and duties to exercise supervision of land development within the Province to ensure its compliance with this Act, including the powers and duties as follows:

1. to issue stipulations with regard to the land development, with the approval of the Central Land Development Commission;
2. to consider applications for the land development and the issuance, transfer or revocation of the transfer of a land development license;
3. to inspect the land development in order to ensure its compliance with the approved map, project or procedure;
4. to perform other activities as provided in this Act or other laws.

The stipulations under (1) shall come into force upon their publication in the Government Gazette.

In the performance of duties under this Act, the Central Land Development Commission and the Commission have the power to summon in writing any person to give statements of fact, explanations, opinions or technical advice or to furnish documents or information in connection with the land development or other activities incidental to the land development, as it deems appropriate.

In issuing stipulations with regard to the land development under section 14 (1), the Commission shall prescribe the rules regarding the preparation of the map, project and procedure for the land development in the interest of public health, environment quality maintenance, communication, traffic, safety, public facilities and town planning and other activities necessary for the land development in order for them to be suitable to local surroundings of that Province. For these purposes, conditions regarding the following matters shall also be prescribed:

1. the minimum width and length or the minimum space of a sub-lot of land which may be brought under development;
2. the system and standard of various types of roads, all passageways and footpaths in the land to be developed, including their connection with the main road or ways outside the land to be developed;
3. the water drainage, waste-water treatment and garbage eradication systems;
4. the system and standard of public facilities and public services necessary for the environment maintenance, well-being promotion and community management.

Section 9, section 10, section, and section 12 shall apply to the Commission mutatis mutandis.

In the performance of duties under this Act, the Central Land Development Commission and the Commission have the power to appoint a sub-committee or any particular person for considering or performing any act as entrusted by the Central Land Development Commission or the Commission, except the acts under section 14 (1) and (2).

The sub-committee and the person appointed by the Central Land Development Commission or the Commission have the same powers and duties as those of the Central Land Development Commission of the Commission in respect of the entrusted act.

Section 12 shall apply to a meeting of the sub-committee mutatis mutandis.

In the performance of activities under this Act, a member of the Central Land Development Commission, the Commission or the sub-committee and the person appointed under section 18 shall be officials under the Penal Code.