13 January 2010
THE ENERGY DEVELOPMENT AND PROMOTION ACT
B.E. 2535 (1992)
_________
BHUMIBOL ADULYADEJ, REX.
Given on the 3 rd day of February B.E. 2535 (1992)
Being the 47 th year of the present Reign
Authorized Official Translation
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that :
Whereas it is deemed appropriate to revise the law governing national energy,
His majesty the King, by and with the advice and consent of the National Assembly in the capacity as Parliament,
is graciously pleased to enact an Act as follows :
Section 1 This Act is called “Energy Development and Promotion Act B.E. 2535 (1992)”.
Section 2 This Act shall come into force on the day following the date of its publication in the Royal Gazette.
Section 3 The following Acts shall be annulled :
1. The National Energy Act B.E. 2496 (1953)
2. The National Energy Act (No.2), B.E. 2507 (1964)
3. The National Energy Act (No.3), B.E. 2522 (1979)
4. The National Energy Act (No.4), B.E. 2530 (1987)
Provisions of all other laws, regulations and rules stipulated herein, or are contrary to, or inconsistent with the
provisions hereof, shall be replaced hereby.
Section 4 For any provisions of laws, regulations, rules, announcements, orders, or resolutions of the Cabinet,
which refer to the National Energy Administration and the Secretary General of the National Energy
Administration, it shall be considered that such provisions of those laws, regulations, rules, announcements,
orders, or resolutions of the Cabinet refer to the Department of Energy Development and Promotion and the
Director – General of the Department of Energy Development and Promotion respectively.
Section 5 “Energy” means ability to perform work that is inherent in the sources that may provide work, be it
renewable energy or non-renewable energy or sources that may provide ability to perform work such as fuels,
heat, and electricity.
“Renewable energy” includes energy obtained from sources such as : wood, firewood, paddy husk, bagasse,
biomass, hydro power, solar power, geothermal power, wind power, waves and tides.
“Non-Renewable Energy” includes energy from sources such as coal, oil shales, tar sands, crude oil, oil, natural
gas and nuclear power.
“Fuels” include coal, oil shales, tar sands, oil, natural gas, fuel gas, synfuels, wood, firewood, paddy husk,
bagasse, garbage, and other materials designated in the Royal Gazette by the National Energy Policy Council.
“Regulated Energy” means energy that is designated to have control measures under this Act, except for
petroleum, under the laws governing petroleum.
“Competent Officers” mean officers of the Department of Energy Development and Promotion, and also include
officers of ministries, agencies, departments, government provincial offices, and state enterprises designated by
this Act as competent officers.
“Director – General” means the Director – General of the Department of Energy Development and Promotion.
“Minister” means the Minister who shall have the care and charge of this Act.
Section 6 The Department of Energy Development and Promotion shall have the following authority and duties :
(1) To conduct surveys, collect data, analyze, test and examine energy activities regarding sources of energy,
production, transformation, transportation and utilization.
(2) To study, plan and formulate projects concerning energy and related activities.
(3) To research and develop, demonstrate as well as initiate pilot projects on production, transformation,
transportation, utilization and conservation of energy sources.
(4) To design, construct and maintain production and transformation of energy sources, transmission and
utilization of energy systems such as the utilization of new and renewable energy to generate electricity, biomass
to produce fuels and electric pumping service.
(5) To determine regulations and standards on the production, transportation, transformation, utilization and
conservation of energy sources as well as to regulate and supervise the enforcement of such regulations and
standards.
(6) To determine remuneration rates for the utilization of energy operated by the Department of Energy
Development and Promotion.
(7) To make available, regulate, construct, buy, sell, rent, lease out, transfer or accept transferals of
production and transformation of energy sources, and transportation and distribution of energy systems, as well
as to issue licenses for production or expansion of energy capacity.
(8) To transfer technology, promote, train, disseminate information on production, transformation, utilization
and conservation of energy sources as well as to act as a center for cooperation on related activities.
Section 7 The Director – General shall have the care and charge of the duties of the Department of Energy
Development and Promotion.
Section 8 In the execution of its duties, the Department of Energy Development and Promotion may assign
ministries, government bureaus, departments, government provincial offices or state enterprises to carry out
particular tasks on its behalf.
Section 9 In the event that the Department of Energy Development and Promotion assigns other ministries,
government bureaus, departments, government provincial offices, or state enterprises to carry out particular
tasks on its behalf, such agencies shall undertake such assignments accordingly; and for the sake of execution of
duties under this Act, the officers of such ministries, government bureaus, departments, government provincial
offices, or state enterprises, who perform the assigned duties, shall become competent officers and shall have
the same authority and duties as those of competent officers of the Department of Energy Development and
Promotion, as stipulated under this Act.
In assigning authority to the ministries, government bureaus, departments, government provincial offices, or
state enterprises to carry out the work, the Department of Energy Development and Promotion may transfer
funds to the said ministries, government bureaus, departments, government provincial offices, or state
enterprises, to cover expenses of items approved under the budget of the Department of Energy Development
and Promotion.
Section 10 In the execution of its duties in Section 6, the Department of Energy Development and Promotion
may ask any ministry, government bureau, department, government provincial office, state enterprise, to furnish
technical, financial and statistical or other information on matters as necessary.
Section 11 In execution of work of the Department of Energy Development and Promotion, the competent
officers are authorised to enter any place during the period between sunrise and sunset or during working hours
of such a place for the purpose of enquiring facts or inspecting documents or other articles related to energy
activities, from individuals who are at such places as deemed necessary. In such an event, occupant(s) of such
places shall accord them the necessary facilitation.
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