Section Code: 0067 - 0072
The Land Development Act,
B.E. 2543 (2000)
Transitory Provisions
Section 67
All Ministerial Regulations and stipulations issued under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 (1972) shall continue to be in force insofar as they are not contrary to or inconsistent with the provisions of this Act until Ministerial Regulations and stipulations are issued under this Act.
Section 68
The Land Development Control Commission under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 shall perform the duty of the Central Land Development Commission and that of the Bangkok Land Development Commission until the Central Land Development Commission and the Bangkok Land Development Commission are appointed under this Act.
The provincial sub-committee on the land development control under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 shall perform the duty of the Provincial Land Development Commission until the Provincial Land Development Commission is appointed under this Act.
Section 69
Any license granted, or the granting of any license made, under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 which remains valid and effective on the date this Act comes into force shall be deemed the license or the granting of the license under this Act.
Section 70
Section 45, section 46, section 47, section 48, section 49, section 50, section 51, and section 52 shall apply mutatis mutandis to the land development under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 in respect of the maintenance of public facilities.
Section 53 shall apply mutatis mutandis to the land development under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 in respect of the maintenance of public services.
Section 44 shall apply mutatis mutandis to the discharge of the responsibility in the maintenance of public facilities of the licensee of the transferee of a license under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 or the transferee of the ownership of the land which is for public facilities.
In the case where the license or the transferee of a license under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 or the transferee of the ownership of the land which is for public facilities fails to perform the duty in connection with the maintenance of public facilities, the purchasers of the developed land of not less than one-half of the sub-lots of the land shown in the map under project may submit an application to the Changwad Land Official or the Branch Changwad Land Official for the purpose of establishing a developed-estate juristic entity.
Upon receipt of the application for the establishment of the developed-estate juristic entity, the Changwad Land Official or the Branch Changwad Land Official shall post it in a conspicuous place at the Land Office, Khet Office, Amphoe Office, King-Amphoe Office, Khwaeng Office or Kamnan Office of the locality in which the land is situated and on the site of the developed land for thirty days and notify it in writing to the licensee or the transferee of a license under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 or the transferee of the ownership of the land which is for public facilities at the address given to the competent official.
When the licensee or the transferee of a license under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 or the transferee of the ownership of the land which is for public facilities raises an objection to the establishment of the developed-estate juristic entity, the Changwad Land Official or the Branch Changwad Land Official shall refer the matter to the Commission for consideration. If the Commission has considered it and is of the opinion that the licensee or the transferee of a license under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 or the transferee of the ownership of the land which is for public facilities has not actually performed the duty in connection with the maintenance of public facilities, the provisions of section 43 paragraph two shall apply mutatis mutandis. If the Commission is of the opinion that the licensee or the transferee of a license under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 or the transferee of the ownership of the land which is for public facilities has performed the duty in connection with the maintenance of public facilities, the proceeding for the registration of the developed-estate juristic entity shall be cancelled.
In the case where the licensee or the transferee of a license under the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515 or the transferee of the ownership of the land which is for public facilities does not raise an objection or fails to comply with the resolution of the Commission under paragraph six, the Changwad Land Official or the Branch Changwad Land Official shall effect the registration of the developed-estate juristic entity and shall have the power to effect the registration of a transfer of the property which is for public facilities to the developed-estate juristic entity.
Section 71
While the Central Land Development Commission has not yet prescribed the standard form of the agreement under section 8 (4), the provisions of section 34 and section 63 shall not apply.
Section 72
All the applications and the issuance or transfer of the land development license which are pending the consideration of the Land Development Control Commission or the sub-committee on the date this Act comes into force shall be proceeded with in accordance with this Act, except that the appeal shall be proceeded with in accordance with the Announcement of the National Executive Council No. 286 dated 24th November B.E. 2515.
Countersigned by:
Chuan Leekpai
Prime Minister