Introduction: The Urgent Need for a New Legal Framework

Thailand is facing an increasing challenge in managing industrial waste. Over the past decade, the country has experienced a surge in waste accumulation, including electronic waste (e-waste), discarded electrical appliances, and end-of-life vehicles. This issue has been further compounded by the rising use of batteries from electric vehicles and household solar panels.

Current legislation has struggled to address the growing complexity of waste types, rapid technological shifts in manufacturing, and enforcement delays that leave contaminated communities without timely remediation. Cases of hazardous waste mismanagement have led to toxic substances leaking into residential areas and natural water sources, severely impacting public health and the environment.

To tackle these issues, the Ministry of Industry, through the Department of Industrial Works (DIW), has drafted the Industrial Waste Management Act. This comprehensive law aims to establish clear responsibilities for all stakeholders—from waste generators to transporters and disposers of industrial waste—and aims to strengthen oversight, prevention, and environmental remediation. It also introduces a Sustainable Industry Fund to support pollution prevention and provide compensation for affected populations.

 

Summary of the Draft Regulation

1. Definitions and Scope

The draft act provides precise legal definitions to address various industrial waste concerns:

  • Industrial Waste: Material generated from industrial operations (domestic or international) that is no longer usable or fails to meet quality standards, including e-waste and vehicle carcasses. Infectious and radioactive waste are excluded. Hazardous Industrial Waste and Non-Hazardous Waste are defined separately and managed under distinct protocols.
  • E-Waste: Electronics, batteries, solar panels, and components that may impact health or the environment.
  • End-of-Life Vehicles: Motor vehicles deemed unusable, excluding trains.

Other key terms include waste generator, collector, transporter, disposer, industrial site, and definitions related to licenses and permits.

 

2. Responsibilities and Controls

The act mandates that:

  • Waste generators remain responsible until the waste is fully and lawfully disposed of.
  • Industrial operators must use licensed entities for collection, transport, and disposal.
  • Hazardous waste transport requires prior authorization.
  • Importing industrial waste into Thailand is prohibited, with narrow exceptions for raw material use under strict permits.

Violators may be required to bear the full cost of remediation.

 

3. Licensing and Enforcement

Entities that collect, transport, or dispose of hazardous industrial waste must obtain licenses from the Director General of the Department of Industrial Works.

Such licenses:

  • Are valid for up to three years.
  • Can be renewed or transferred under defined conditions.
  • May be revoked for violations or failure to meet safety and operational standards.

The law also outlines procedures for license termination, mandatory reporting of business changes, and grounds for automatic disqualification.

For non-hazardous waste handlers, notification and compliance with ministerial regulations are sufficient.

 

4. Special Waste Streams: E-Waste and Vehicles

The law regulates:

  • E-Waste: Unauthorized disposal or dismantling is prohibited. Only licensed dismantlers and designated municipal collection points may handle e-waste. Owners must send items to licensed handlers.
  • Vehicle Carcasses: Illegal to abandon in public spaces. Disposal must be handled by licensed hazardous waste managers.

 

5. Industrial Estate Provisions

Within industrial estates, the Governor of the Industrial Estate Authority of Thailand (IEAT) has delegated powers to approve and oversee industrial waste operations. All actions must be reported to the Department of Industrial Works (DIW).

 

6. Sustainable Industry Fund

The act establishes a Sustainable Industry Fund to:

  • Collect financial guarantees from waste handlers to cover damages.
  • Fund emergency response and remediation efforts.
  • Support modern, environmentally friendly industrial practices.

Annual payments and penalties are clearly defined.

 

7. Insurance Requirements

Waste handlers must carry third-party liability insurance, based on risk assessments approved by DIW, covering:

  • Environmental damage
  • Public health impacts
  • Emergency mitigation without waiting for legal judgments

 

8. Inspection and Sanctions

DIW officers are empowered to:

  • Inspect, seize, and test suspicious materials or operations.
  • Issue binding orders to halt or correct unsafe practices.
  • Revoke licenses for repeated or severe noncompliance.
  • Publicly list banned operators for six years.

If violations occur, DIW may take over waste management, recover costs, and impose additional fines.

 

Development Timeline and Stakeholder Engagement

The drafting and public consultation of the Industrial Waste Management Act unfolded as follows:

  • Draft Preparation: Led by DIW with support from legal and environmental experts.
  • Public Hearing: Conducted from March 3rd to April 1st, 2025, through the official Thai government legal website (go.th) and public announcements. The draft act can be accessed at https://law.go.th/listeningDetail?survey_id=NTAxMURHQV9MQVdfRlJPTlRFTkQ=
  • Dissemination: Shared via DIW’s website (go.th) and media, such as GreenNews Thailand (greennews.agency).
  • Expected Enforcement: The law is proposed to take effect 60 days after publication in the Royal Gazette, likely in 2026.

This new regulation marks a significant step toward aligning Thailand’s industrial waste practices with international environmental standards and strengthening national capacity for pollution control, risk prevention, and sustainability.

 

Information Regarding Regulation Development in the News

Early this year, on January 22nd, 2025, the Thai Journalists Association held a seminar on the “Toxic Waste Crisis and Public Life.” Mr. Atthawit Suwanpakdee, Chairperson of the Advisory Committee to the Minister of Industry, disclosed that he and Minister Ekanat Promphan have been serving for over four months. Their first task was investigating the Win Process case in Rayong Province, which led to the drafting of the Industrial Waste Management Act.

The drafting process took 200 hours and was completed on January 21st, 2025. Initially scheduled for submission to Parliament on January 22nd, Mr. Atthawit Suwanpakdee requested a one-week postponement to gather public opinions during the seminar. He noted that many factories had relocated to Thailand due to significant industrial changes in China.

Mr. Atthawit Suwanpakdee observed that the previous draft of the Electronic Waste Act, proposed during Prime Minister Prayut Chan-o-cha’s administration, contained loopholes and was under the Ministry of Natural Resources and Environment. He suggested that because the root cause of the issue lies within the Ministry of Industry, it should also be responsible for resolving the problem.

The draft Industrial Waste Management Act aims to separate waste management from regular industrial operations. General factories will have simplified procedures, while waste management facilities will face stricter controls. The draft prohibits the import of industrial waste except as raw materials, with penalties exceeding current customs law penalties for hazardous waste. It extends its authority to free zones, addressing previous issues with improper waste storage. A Sustainable Industry Fund will provide compensation and support for environmental incidents, utilizing existing mechanisms. Operators must place financial guarantees and obtain insurance to cover potential damages, with periodic license renewals ensuring compliance and inspections. Mr. Atthawit Suwanpakdee emphasized the draft focuses on operations, distinguishing between collection and disposal facilities with stricter controls on disposal to prevent issues like electronic waste dismantling in communities. The draft encourages waste collection and disposal facilities within industrial estates, with the Industrial Estate Authority of Thailand (IEAT) overseeing such activities.

Mr. Sonthi Kachawat, an environmental academic, noted that Thailand has about 2,500 factories engaged in industrial waste management, many with low investment and inadequate treatment efficiency. He suggested locating these factories within industrial estates and requiring Environmental Impact Assessments (EIA). He also proposed revoking NCPO Order No. 4/2016, which exempts certain factory operations from urban planning regulations, to reduce factory proliferation near communities.

Mr. Sonthi Kachawat advocated for mandatory environmental insurance for all factories to compensate affected residents in case of incidents like fires or illegal dumping. He also proposed an environmental risk insurance fund, financed by factory contributions, to provide immediate relief in the event of environmental disasters.