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Land Development Act
Land Development Act B.E. 2543 (2000)
The information is reviewed and updated monthly against official sources.
In short
The Land Development Act (in its current B.E. 2551 / 2008 form, the soil-conservation statute administered by the Land Development Department) lets the Thai state classify land, plan agricultural land use, declare soil-and-water conservation and erosion-risk zones, control chemically contaminated farmland, and impose conservation duties on landholders.
Scope note: Which Land Development Act this is
Two unrelated Thai laws share the name. The B.E. 2543 (2000) Act regulates subdivision and sale of plots to buyers. The soil-conservation, erosion and agricultural-land-use subject matter belongs to the Land Development Act B.E. 2551 (2008), administered by the Land Development Department under the Agriculture Ministry; this entry restates that statute.
Section 4: Key definitions: land development, soil, erosion, conservation
Defines land development as any work raising soil quality, farm output or restoring depleted land, plus protecting soil and water. Soil includes stone, gravel, sand, minerals and water in its structure. Erosion is loss of soil or fertility by water, wind or other forces; conservation covers measures preventing such loss.
Sections 5-8: Land Development Board: composition and tenure
A national Board chaired by the Agriculture Minister, comprising senior officials from many departments plus up to five qualified experts in soil and water conservation and agriculture. Expert members serve three-year terms, may be reappointed once consecutively, and lose their seat on death, resignation, dismissal, bankruptcy or political office.
Section 9: Powers of the Board over land classification and use
The Board classifies land for Cabinet approval, plans land use and development, designates land-use and conservation areas, sets soil-improvement and conservation measures, proposes compensation for owners harmed by zoning, and issues rules for soil analysis and map services. It may task the Land Development Department with execution.
Section 12: Declaration of land-use areas
On the Board's advice, the Minister may publish in the Government Gazette an order designating a land-use area, attaching a map. The map forms an integral, legally binding part of the declaration, fixing the precise boundaries within which the prescribed land-use rules apply.
Section 13: Soil-and-water conservation areas (erosion and landslide risk)
Where steep terrain is prone to severe erosion or landslides, whether from improper land use or natural causes, and inaction could endanger lives and property, the Minister may declare the area a soil-and-water conservation zone by Gazette notice with an attached map that is part of the order.
Section 14: Control of chemically contaminated farmland; polluter liability
If chemicals or other substances are used or contaminate land so as to degrade its agricultural value, the Minister may publish a control order with a map. Where contamination has occurred, the polluter must restore the land to its prior state or compensate the state or the injured party.
Section 15: Mandatory conservation measures plus public hearing
Any declaration under Sections 12 to 14 must impose at least one measure: soil-and-water conservation steps (mechanical, vegetative or otherwise) to cut erosion and prevent landslides; bans on acts harming the soil or altering the land, including toxic contamination; or other suitable measures. A public hearing for affected residents is required first.
Section 16: Duties of the Land Development Department
The Department surveys, analyses and examines soil and land to assess fertility, suitability and economic potential, supporting land classification, development and the designation of land-use and conservation areas. It also handles the land census and related statistics needed to carry out the Act.
Section 17: Survey areas declared by Gazette
To assess natural fertility, suitability for use and conservation needs, the Board may arrange land surveys. When it deems a survey appropriate, it publishes the survey area in the Government Gazette with a survey map, which becomes an integral part of the announcement defining where field work may proceed.
Section 18: Officials' right of entry for sampling and survey marks
Within a declared survey area, competent officials may enter owned or occupied land between sunrise and sunset to collect soil or water samples and place survey marks. The owner or occupier must receive written notice at least fifteen days beforehand, posted locally and stating the time and acts planned.
Section 20: Applying for soil analysis, improvement or conservation services
Anyone wanting the Department to analyse a soil sample, improve or conserve soil and land, or supply maps or map data (except security-sensitive data) must apply to the local land development agency where the land lies, or to the district office if none exists. Procedures and fees are set by Ministerial Regulation.
Sections 21-22: Penalties for breaches and damaging survey marks
Violating the conservation measures under Section 15, or obstructing officials performing survey duties under Section 18, carries up to three months' imprisonment, a fine up to 5,000 baht, or both. Damaging, altering or removing an official survey mark without permission carries up to one month's imprisonment, a fine up to 1,000 baht, or both.
Section 25: Ministerial authority and enforcement
The Minister of Agriculture and Cooperatives oversees the Act, appoints competent officials, and issues Ministerial Regulations and notifications needed to enforce it. Such regulations take effect once published in the Government Gazette, giving the Ministry the practical tools to operate the conservation framework.