Problems of Law Enforcement for Buildings in Thai Waters

Abstract

The purpose of this thesis is to study (1) concepts and theories related to buildings in Thai territorial waters, (2) Thai and foreign laws related to river encroaching structures, (3) study and analyze legal problems in the construction of river encroachments under the Navigation in Thai Waters Act B.E. 2456 (1913) and amendments, and (4) to find solutions and suggest appropriate ways to be used to improve the law on the construction of river intrusions which will benefit the development of the country in the future. The results of the study revealed the following legal problems: Firstly, the problem of penalties for those who do not pay the annual fee for the construction of the river intrusion is inappropriate and inconsistent with the current situation. Therefore, it is deemed appropriate to increase penalties for those who fail to pay annual remuneration. From having to pay a fine one time the amount of compensation owed, it is the revocation of the permit to build things that encroach on the river. Secondly, the issue of criteria for considering permits for the construction of river intrusions is explored. There is no provision for a public hearing, or allow stakeholders to object. Therefore, it is deemed appropriate to amend the law on permitting the construction of things that encroach on rivers, by requiring the applicant to submit a letter of consent from the owner of the adjacent plot of land as well. Finally, the problem is that there is no legal provision for officials to carry out inspections of permits to build river intrusions after they have been granted permission. Therefore, it is deemed appropriate to set a period for officials to inspect the condition of the buildings that are allowed to be used safely, whether it is in accordance with the permitted design and purpose.