13 January 2010

LAND READJUSTMENT ACT

B.E. 2547
_________

BHUMIBOL ADULYADEJ, REX.,
Given on the 11th day of December B.E. 2547,
Being the 59th Year of the Present Reign.

Whereas it is deemed appropriate to promulgate the law governing Land Readjustment Act,

This Act contains certain provisions that restrict individual rights and freedoms, by virtue of the provisions of law under Section 29 in conjunction with Sections 35, 48 and 49 of the Constitution of the Kingdom of Thailand.

Section 1 This Act shall be called the “Land Readjustment Act, B.E. 2547”

Section 2 This Act shall come into force and effect from the day after the date of its announcement in the Government Gazette.

Section 3 In this Act, –
“Land Readjustment” means the implementation of development of many plots of land by land replotting, improving or constructing infrastructure, and jointly bearing the burdens and equitably distributing the returns. To this end, there shall be cooperation between the private sector and the private sector, or between the private sector and the public sector, with the objective of utilizing land more appropriately with regard to transportations, economics, social, the environment and communities, and so as to be in line with urban planning.

“Land Readjustment Project” means a project which is initiated for the purposes of Land Readjustment.

“Fund” means a Land Readjustment fund.

“Association” means an association that is established for the purpose of Land Readjustment in accordance with this Act.

“Land owner” means a person with rights in land, as provided for by the Land Code, and shall include a condominium owner as provided for by the Condominium Act as well.

“Committee” means the Land Readjustment Committee.

“Provincial Committee” means a Provincial Land Readjustment Committee, and shall also include the Bangkok Metropolitan Administration Land Readjustment Committee.

“Competent Authority” means a person whom the Provincial Committee has appointed to act as provided for by this Act.

“Local Competent Authority” means –

(1) The Governor of Bangkok Metropolitan Administration, with responsibility for the Bangkok Metropolitan Administration area;
(2) Chairmen of provincial administrative organizations, with responsibility for provincial areas under provincial administrative organizations;
(3) Mayors of municipalities;
(4) Chairmen of sub-district administrative organizations, for areas under sub-district administrative organizations;
(5) Heads of local administrative units of other local government agencies that have been designated by law as local government agencies within that local administrative area.

“Minister” means the minister in charge, as provided for by this Act.

Section 4 The Minister of the Interior shall be in charge, as provided for by this Act, and shall be authorized to issue ministerial regulations and notifications in compliance with this Act.

Ministerial regulations and notifications shall take effect when published in the Royal Gazette.

Chapter 1
Land Readjustment Committee

Section 5 A Land Readjustment Committee shall be appointed and consist of:
(1) the Minister of the Interior, as the chairman of the Committee;
(2) the Permanent Secretary of the Ministry of Interior, as the deputy chairman of the Committee;
(3) the Permanent Secretary of the Ministry of Finance, the Permanent Secretary of the Ministry of Agriculture and Cooperative, the Permanent Secretary of the Ministry of Transportations, the Permanent Secretary of the Ministry of Natural Resources and the Environment, the Permanent Secretary of the Ministry of Industry, the Attorney General, the Director General of the Bureau of the Budget, the Secretary General of the National Economic and Social Development Board, the Director General of the Department of Lands, the Director General of the Treasury Department, the Director General of the Department of Local Administration, the Secretary General of the Agricultural Land Reform Office, and the Governor of the National Housing Authority shall be Committee members, and the Director-General of the Department of Public Works and Town & Country Planning shall be a Committee member and secretary to the Committee;
(4) Representatives from the Law Society of Thailand, the Council of Thai Architects, the Council of Engineers, the Thai Chamber of Commerce, and the Federation of Thai Industries shall be Committee members;
(5) Four qualified persons relating to Land Readjustment who have been appointed by the Cabinet as Committee members.

In order to find and appoint Committee members under (5), Committee members under (1), (2), (3) and (4) shall jointly conduct searches in accordance with guidelines and criteria as provided for by the Cabinet.

Section 6 The Committee has the following powers and duties:
(1) Formulate policies, establish goals and important measures relating to Land Readjustment;
(2) Approve master plans and target areas for Land Readjustment, in accordance with recommendations provided by the Provincial Committee;
(3) Establish standards for Land Readjustment;
(4) Issue regulations concerning criteria and procedures to be used in applying for Land Readjustment, and establish project approval procedures for the Provincial Committee;
(5) Establish criteria and procedures for recruiting qualified Committee members, pursuant to Sections 11 and 12;

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