The Department of Industrial Works (DIW) of Thailand opened a draft of “Industrial Waste Management Act. B.E. …” on the Law Portal; Thai Government Central Legislation System Website for stakeholder consultation from 3 March to 1 April 2025. The draft Act was established with the purpose of solving waste management problems including accumulation of industrial waste, electronic waste (e-waste), and End of life Vehicle (ELV).
Additionally, this draft Act has provided responsibilities terms for relevant parties such as entrepreneurs who generates industrial wastes (Waste Generator, WG), Waste Collector, Waste Transporter (WT), and Waste Processor (WP). Moreover, the draft Act has also provided waste management procedures, especially for e-waste, End of life Vehicle (ELV), and industrial waste management within the industrial estate controlled by Industrial Estate Authority of Thailand (IEAT).
Industrial Waste Management
- The entrepreneur is responsible for the industrial waste they generate until it has been completely disposed of. They must also oversee and ensure that the waste collectors, transporters, and processors strictly comply with the provisions of this Act.
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- If the collector, transporter, or processor fails to implement, the entrepreneur is obligated to ensure that the industrial waste is properly disposed of until completion, with their own expense.
- Entrepreneurs who generate hazardous industrial waste and wish to transport it outside of their premises must obtain permission beforehand.
- Collectors, transporters, or processors of industrial waste, whether hazardous or not, must obtain a license before undertaking any activities.
- If there is an expansion of areas for collecting or disposing of non-hazardous industrial waste, an addition of types or categories of such waste, or changes to containers or vehicles used for its transport, the changes must be reported within 30 days from the date of the modification.
- If there is an expansion of areas for collecting or disposing of hazardous industrial waste, an addition of types or categories of such waste, or changes to containers or vehicles used for its transport, permission must be obtained prior to proceeding.
Electronic Waste (E-Waste) Management
- Generators, owners, or users of electronic equipment products must deliver or send electronic waste to a collection facility or an authorized electronic waste processor.
- Electronic waste collectors must obtain a license to operate an electronic waste collection facility.
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- Other electronic waste collection facilities/sites authorized by the government, drop-off points, or hazardous waste storage locations designated by local authorities shall be considered electronic waste collection facilities under this Act. They may operate without a license, but the Department of Industrial Works (DIW) must be notified.
- Electronic waste processors must be licensed to operate as hazardous industrial waste processors.
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- Other electronic waste disposal facilities/sites authorized by the government shall be considered electronic waste disposal facilities under this Act. They may operate without a license, but the Department of Industrial Works (DIW) must be notified.
- It is prohibited to transport electronic waste out of a collection facility, except when the waste is being transported for disposal by a licensed hazardous industrial waste transporter.
End of life Vehicle (ELV) Management
- End of life Vehicle (ELV) dismantlers must be licensed to operate as hazardous industrial waste disposers.
- The generator of the vehicle is responsible for the vehicle waste they generate until it has been completely disposed.
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- “The generator” has been defined as the creator, producer, operator, importer, owner, or the owner of a brand or trademark.
Management of Industrial Waste in IEAT
Any operations within the industrial estate must be authorized, approved, notified, ordered, or have the consent of the Governor of the Industrial Estate Authority of Thailand (IEAT) before they can proceed.
The necessity of establishing a licensing system
The Ministry of Industry (MOI) has a responsibility to control and supervise the industrial sector to ensure that businesses operate safely, in accordance with standards, and are environmentally friendly. Therefore, it is necessary to regulate and oversee operations strictly by implementing a licensing system to protect public interests and safeguard the common good.
The necessity of imposing criminal punishment
If the waste is not properly managed according to academic principles or if illegally dumped, it could affect life, health, and safety, with consequences as severe as criminal offenses. However, other measures are insufficient in enforcing the law effectively and ensuring compliance from the public. Non-criminal penalties do not instill fear in offenders, as the economic benefits outweigh the penalties imposed. Therefore, it is necessary to establish that violations or non-compliance with this draft law are offenses and subject to criminal penalties.
Description | Penalties |
Importing industrial waste or hazardous industrial waste without authorization | Imprisonment for up to 10 years, or a fine of up to 1 million baht, or both imprisonment and a fine. |
Illegally dumped industrial waste | Imprisonment from 1 month to 5 years, or a fine of 50,000 to 20,000,000 baht, or both imprisonment and a fine. |
The original text of the draft of Industrial Waste Management Act. is available at:
- Draft of Industrial Waste Management Act B.E. …