Water Resources Act B.E.2561 (2018).
Country
Type of law
Legislation
Abstract
This Act makes provision for the efficient and effective administration of water resources in respect of the allocation, use, development, management, maintenance, rehabilitation and conservation thereof as well as rights in water. The Act consists of 106 Sections divided into 9 Chapters.
Public water resources are publicly owned. A person has the right to use or keep water to the extent necessary for the benefit of his activities or his land without causing grievance or damage to other persons who may use such water (Sec. 7-8). The National Water Resources Commission (N.W.R.C.) shall be established, which consists of: (1) the Prime Minister, as Chairperson; (2) the Deputy Prime Minister entrusted by the Prime Minister, as Vice Chairperson; etc. (Sec. 9). The N.W.R.C. has the duties and powers in connection with water resources administration in order to achieve the purpose of integrating the use, development, management, maintenance, rehabilitation and conservation of water resources with a view to uniformity. Water allocation of the country shall be made by having regard to water for consumption, ecosystem conservation, customs, public disaster mitigation, communications, agriculture, industry, commerce and tourism. In this regard, prioritisation shall be as prescribed by the N.W.R.C. (Sec. 40). For the purpose of the administration of public water resources which are neither irrigation waterways under the law on irrigation nor groundwater under the law on groundwater, the Prime Minister may, by publication in the Government Gazette, designate any particular State agency or local government organisation to be in charge of the supervision and maintenance of any particular public water resource (Sec.6). The water use of Type One, which include the use of public water resources for the living, household consumption, agriculture or livestock farming for subsistence, household industry, ecosystem conservation, customs, public disaster mitigation, communications and the use of water in a small quantity, requires no water use licence and is subject to no payment of fees therefor. The water use of Type Two and Three requires a licence (Sec. 41-43). Persons who use water in neighbourhood areas in the same drainage basin have the right to assemble and register for establishing a water-user body (Sec. 38).
In the case of water crisis as to be likely to affect the living of human-beings, animals or plants or likely to cause serious damage to property of the people or the State, the Prime Minister shall have the power to establish an ad hoc command centre (Sec.24). The Act further makes provisions, inter alia, for: establishment of drainage basin committees, protected areas, determination of the recompense or compensation for damage, exploitation of land covered by the waterways system under the water chart, prevention and resolution of water drought, competent officials, civil liability in the case of damage to public water resources, various fees, offences and penalties.
Public water resources are publicly owned. A person has the right to use or keep water to the extent necessary for the benefit of his activities or his land without causing grievance or damage to other persons who may use such water (Sec. 7-8). The National Water Resources Commission (N.W.R.C.) shall be established, which consists of: (1) the Prime Minister, as Chairperson; (2) the Deputy Prime Minister entrusted by the Prime Minister, as Vice Chairperson; etc. (Sec. 9). The N.W.R.C. has the duties and powers in connection with water resources administration in order to achieve the purpose of integrating the use, development, management, maintenance, rehabilitation and conservation of water resources with a view to uniformity. Water allocation of the country shall be made by having regard to water for consumption, ecosystem conservation, customs, public disaster mitigation, communications, agriculture, industry, commerce and tourism. In this regard, prioritisation shall be as prescribed by the N.W.R.C. (Sec. 40). For the purpose of the administration of public water resources which are neither irrigation waterways under the law on irrigation nor groundwater under the law on groundwater, the Prime Minister may, by publication in the Government Gazette, designate any particular State agency or local government organisation to be in charge of the supervision and maintenance of any particular public water resource (Sec.6). The water use of Type One, which include the use of public water resources for the living, household consumption, agriculture or livestock farming for subsistence, household industry, ecosystem conservation, customs, public disaster mitigation, communications and the use of water in a small quantity, requires no water use licence and is subject to no payment of fees therefor. The water use of Type Two and Three requires a licence (Sec. 41-43). Persons who use water in neighbourhood areas in the same drainage basin have the right to assemble and register for establishing a water-user body (Sec. 38).
In the case of water crisis as to be likely to affect the living of human-beings, animals or plants or likely to cause serious damage to property of the people or the State, the Prime Minister shall have the power to establish an ad hoc command centre (Sec.24). The Act further makes provisions, inter alia, for: establishment of drainage basin committees, protected areas, determination of the recompense or compensation for damage, exploitation of land covered by the waterways system under the water chart, prevention and resolution of water drought, competent officials, civil liability in the case of damage to public water resources, various fees, offences and penalties.
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Notes
Section 106 requires the enactment of Royal Decrees and issuance of Ministerial Regulations, Rules and Notifications under this Act, except the issuance of Ministerial Regulations and Notifications under Chapter IV, Water Allocation and Water Use, to be completed within ninety days as from the date on which this Act comes into force. If their completion cannot be achieved, the Prime Minister, Minister of Agriculture and Co-operatives, Minister of Natural Resources and Environment or Minister of Interior, as the case may be, shall report the reasons therefor to the Council of Ministers for information.
Repealed
No
Source language
English
Legislation Amendment
No
Implemented by