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Understanding the ramifications of the Clean Air Bill
Thailand’s Clean Air Bill serves as a response to the major issue of air quality in Thailand. During the cool and dry season, Bangkok, Chiang Mai and other northern provinces often record dangerous levels of PM2.5 particles. The impact is not limited to temporary discomfort. It affects respiratory health, leads to hospital admissions, disrupts education when schools are forced to close, and reduces the attractiveness of Thailand as a destination for foreign investment and tourism. In addition, the perception of worsening air quality creates reputational risks that undermine Thailand’s long-term economic strategy.
Until very recently, Thailand did not have a unified law on clean air. Instead, air pollution was regulated under a patchwork of different statutes, each covering only part of the problem. The Enhancement and Conservation of National Environmental Quality Act B.E. 2535 empowered the Pollution Control Department to set emission standards. The Factory Act B.E. 2535 imposed obligations on certain industries. The Public Health Act B.E. 2535 addressed nuisances within local communities. The Land Transport Act B.E. 2522 targeted vehicle emissions. Each of these laws created obligations, but none of them gave citizens a direct right to clean air. There was no single framework to coordinate ministries or agencies, and enforcement was inconsistent.
This fragmented legal order changed in November 2023, when the Cabinet approved in principle the Draft Management for Clean Air Act (the “Clean Air Bill”), proposed by the Ministry of Natural Resources and Environment (MONRE). The Clean Air Bill is the first serious attempt to create a comprehensive system of air quality law in Thailand. It introduces citizens’ rights, creates a new central body to set standards, prohibits open burning without authorization, regulates transboundary pollution, and establishes economic mechanisms to change behavior. For international investors and businesses, it represents both a new set of compliance duties and a framework that promises greater legal certainty.
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The framework on air quality in Thailand prior to the Clean Air Bill
The legal instruments in force before the Clean Air Bill
Before the Clean Air Bill, there was no single statute that dealt with air quality as a whole. Instead, several laws applied in parallel, including:
- The Enhancement and Conservation of National Environmental Quality Act B.E. 2535 which was the main instrument. It authorized the Pollution Control Department to set emission standards for factories, vehicles, and other sources. It also allowed the declaration of “pollution control areas” where special measures could be taken. Yet, the Act was mainly administrative in nature and did not create individual rights for citizens.
- The Factory Act B.E. 2535 which required owners of industrial plants to install equipment to treat emissions. Failure to comply could lead to fines and suspension of operations. This law was effective for large industrial operations but left significant gaps. It did not cover agricultural burning or smaller pollution sources.
- The Public Health Act B.E. 2535 which empowered municipalities to act against nuisances. While this could cover smoke or dust, it was reactive in nature and depended on local authorities having both resources and political will.
- The Land Transport Act B.E. 2522 which regulated vehicle emissions. Inspections could in theory reduce exhaust pollution, but enforcement was uneven.
- The ASEAN Agreement on Transboundary Haze Pollution, which Thailand is party to, also played a part in pollution regulation. Yet, this treaty lacked teeth, and domestic courts were reluctant to impose liability on foreign entities responsible for haze drifting into Thai territory.
The shortcomings of the old legal system
The weaknesses of the old system can be grouped into three main categories :
- Fragmentation: different ministries and agencies held overlapping responsibilities. The Ministry of Natural Resources and Environment, the Ministry of Industry, and the Ministry of Public Health all had roles, but coordination was weak. This created duplication, inefficiency, and gaps.
- Absence of a right to clean air: citizens could only act indirectly. They could bring claims in tort under Sections 420 to 437 of the Civil and Commercial Code, which impose liability for wrongful acts. But proving causation between emissions from a factory and damage to health is technically complex and legally uncertain.
- Ineffectiveness of sanctions: many fines were very low, sometimes no more than a few tens of thousands of baht. For large industrial operations, these fines were insignificant compared to profits. As a result, compliance was not systematically incentivized.
The cumulative effect was that despite existing standards, air quality continued to decline. In 2023, Bangkok and Chiang Mai appeared in international rankings among the most polluted cities in the world. This created both domestic political pressure and international scrutiny. The stage was therefore set for a comprehensive Clean Air Bill.
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The Clean Air Bill: A new comprehensive framework for clean air in Thailand
The recognition of citizens’ rights under the Clean Air Bill
One of the most significant features of the Clean Air Bill is the explicit recognition of rights for citizens. For the first time, the government has a legal duty to provide information about air pollution in a timely manner. Citizens whose health is affected by air pollution are entitled to receive healthcare services free of charge. This recognition of rights is consistent with Section 43 of the Constitution of the Kingdom of Thailand B.E. 2560, which guarantees the right to participate in environmental management.
The Clean Air Bill also introduces collective rights. Citizens can act together to participate in the determination of policy, the preparation of plans, and the implementation of measures on air quality. This participatory approach contrasts sharply with the old system, where decisions were largely administrative and top-down.
The creation of new institutions under the Clean Air Bill
The Clean Air Bill establishes a new Management Committee for Clean Air. This Committee is empowered to set national standards for air quality and to regulate pollution sources. It therefore becomes the central coordinating body that the old system lacked.
The Pollution Control Department is mandated to monitor air quality nationwide and to issue annual reports at national, regional, and provincial levels. This institutionalizes transparency and regular oversight. The MONRE and the Ministry of Interior will supervise implementation, ensuring that plans adopted at the national level are carried out locally.
The regulation of pollution sources under the Clean Air Bill
The Clean Air Bill requires owners of air pollution sources to install and maintain treatment systems. Any release of emissions that does not comply with the established standards is subject to regulatory fines of up to THB 50,000.
The Bill also tackles the problem of open burning, which is common in the agricultural sector. The burning of sugarcane fields in particular is a major source of PM2.5 haze. The Clean Air Bill prohibits open burning unless specific approval is obtained from the provincial governor. MONRE will define the detailed criteria and measures for authorizations. This provision directly targets one of the most visible and harmful sources of air pollution.
The treatment of transboundary pollution under the Clean Air Bill
The Clean Air Bill introduces innovative provisions on transboundary pollution. It states that a person or entity located outside Thailand who causes or contributes to air pollution within Thailand will be considered as having committed the offence inside Thailand. This means that such actors are liable for damages and may face regulatory fines of up to THB 50 million.
This approach is more ambitious than the ASEAN Agreement on Transboundary Haze Pollution. It gives domestic teeth to the principle that polluters outside the country can be held accountable for their impact on Thai citizens. The Ministry of Foreign Affairs and MONRE are designated to manage international cooperation, which may include bilateral agreements and ASEAN-level negotiations.
The economic instruments introduced by the Clean Air Bill
The Clean Air Bill also relies on economic tools to change behavior. It introduces a clean air tax, creates charges for air treatment, establishes the possibility of trading rights to release exhaust air, and provides subsidies for clean activities. These measures create financial incentives for compliance and align Thailand with international best practices such as cap-and-trade systems.
By shifting part of the burden from punitive fines to economic mechanisms, the Bill encourages both corporations and individuals to adopt cleaner technologies and methods.
Conclusion
The Clean Air Bill is the most ambitious environmental reform in Thailand to date. It consolidates a previously fragmented framework, establishes citizens’ rights, creates a central management body, prohibits open burning unless authorized, and extends liability to transboundary pollution. It also introduces economic instruments that reflect international practice.
Legally, the Bill strengthens compliance with Section 57 of the 2017 Constitution, which obliges the State to protect the environment and inform citizens of health risks. Internationally, it aligns Thailand with the UN Human Rights Council’s resolution of 2021 recognizing the right to a healthy environment.
For businesses, the Clean Air Bill imposes new compliance duties, stricter monitoring, and higher fines. At the same time, it offers subsidies and legal certainty. Companies that align with its objectives may improve their competitiveness and reputation.
If enforced effectively, the Clean Air Bill has the potential to restore public confidence, protect health, support tourism, and position Thailand as a regional leader in environmental governance. It is not only a law about air pollution, but a law about the future of the Thai economy and society.
FAQ
The Clean Air Bill, approved in November 2023, is Thailand’s first comprehensive air quality law. It establishes citizens’ rights to clean air, creates a central body for air quality management, and imposes stricter regulations on pollution, including penalties for foreign polluters.
Businesses will be required to comply with stricter air quality standards, install pollution control systems, and may face fines of up to THB 50,000 for non-compliance. Companies causing transboundary pollution could be fined up to THB 50 million.
The Bill prohibits open burning unless approved by local authorities. This affects industries such as agriculture, where practices like sugarcane burning contribute to pollution. Alternative methods are encouraged through subsidies to reduce PM2.5 emissions.
The Bill introduces a clean air tax, charges for air treatment, and allows emission rights trading. It also offers subsidies for adopting clean technologies, creating financial incentives for compliance.