Mineral Act B.E. 2560 (2017)

Published in the Royal Gazette on March 2, 2017

It will come into effect 180 days after its publication in the Royal Gazette. Therefore, the Minerals Act B.E. 2560 (2017)

will come into effect on August 29, 2017.

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Mineral Act B.E. 2560 (2017)

Year of announcement: 2017

The Minerals Act of 2017 (B.E. 2560) incorporates the principles of the Act of 1967 (B.E. 2510) and the Mineral Royalty Tariff Act of 1966 (B.E. 2509) into a single law. It was published in the Royal Gazette on March 2, 2017, and will come into effect one hundred and eighty days after its publication in the Royal Gazette (effective on August 29, 2017). The key points of the law are as follows: 1. The state is responsible for determining mineral management (Section 7). To ensure that mineral management maximizes the benefits of the nation and its people in a sustainable manner, the state has a duty to take into account the balance between economic and social development, the impact on environmental quality and public health in all aspects, and the fair allocation of benefits among the state, operators, and local communities in mining areas and affected adjacent areas. 2. The National Mineral Management Policy Committee is required to develop a mineral management master plan (Section 17). The development of a mineral management master plan must include, at a minimum, a mineral resource survey, mineral reserves, the classification of potential mineral areas, and areas or mineral species that should be reserved, restricted, or conserved. And the area with abundant mineral resources and high economic value to be designated as a mineral mining zone. This is to be a guideline for mineral management to be appropriate and create maximum benefit under the balance of economy, society, environment and public health. And the mineral management master plan must be reviewed every 5 years. 3. Mineral exploration licenses are divided into 3 types: mineral exploration licenses (Sections 40-41), mineral exploration monopoly licenses (Sections 42-45) and special licenses (Sections 46-51). 4. Public hearings and referendums (Section 56) stipulate that when a mining concession application is submitted and the requested area has been determined by surveying, the mining concession application must be posted in a public place. After that, there must be a public hearing of the community in the area where the concession is requested. If the people in the community disagree with the mining and the concession issuer cannot reach a conclusive decision, a public referendum will be held in the area where the concession is requested. 5. Mining (Section 53) stipulates that there must be decentralization of mineral management by categorizing mining. And specify the authority to issue mining concessions for each type of mine as follows: (1) Type 1 mines, with an area not exceeding 100 rai, the local mineral industry official, with the opinion of the Provincial Minerals Committee, shall be the issuer of mining concessions. (2) Type 2 mines, with an area not exceeding 625 rai, the Director-General, with the approval of the Minerals Committee, shall be the issuer of mining concessions. (3) Type 3 mines, including mining that is not Type 1 or Type 2 mining, offshore mining, and underground mining, the Director-General, with the approval of the Minerals Committee, shall be the issuer of mining concessions. 6. Specify the duties of mining concession holders (Section 68), such as (1) requiring them to submit a plan for rehabilitation, development, utilization, and monitoring of environmental and public health impacts during and after mining closure; (2) promptly notify officials in the event that mining boundary markers or map markers made by officials are lost or destroyed, and must be responsible for the cost of surveying and making new mining boundary markers or map markers; (3) provide security for the restoration of the mining area in accordance with the rehabilitation and compensation plan. Mining Affected Persons (4) Mining in Category 2 and Category 3 must have insurance against liability for life, body, and property of third parties. 7. Underground Mining (Section 91) Underground mining at a depth exceeding one hundred meters from the surface, the owner or the person with the right to possession according to the Land Code or the person with the right to cultivate according to other laws is entitled to receive compensation. 8. Small-scale mining and mineral panning (Sections 94-96) The authority is transferred to the local administrative organization to grant permission or receive notification. 9. Mineral dressing and metallurgy (Sections 108 and 113) The mineral dressing or metallurgy area can be expanded or reduced, and the license can be transferred. 10. Specifying the types of minerals to be imported and exported (Section 104) For the benefit of economic security, environmental protection, or public safety, the types and conditions of minerals to be imported and exported are stipulated. They are divided into 3 categories: (1) Minerals prohibited from being imported into the Kingdom or continental shelf, or exported out of the Kingdom or continental shelf. (2) Minerals that require a permit to be imported into the Kingdom or continental shelf. Or exported out of the Kingdom or continental shelf (3) Minerals that must be notified of import into the Kingdom or continental shelf or exported out of the Kingdom or continental shelf. 11. Mineral royalty collection (Section 131) The holder of a mining license, a small-scale mining licensee, a mineral panner, a mineral dressing licensee, a metallurgical operation licensee, or a mineral possession licensee must pay mineral royalties. A committee is also established to assess mineral royalties to increase efficiency in mineral royalty collection. 12. Special maintenance fees (Section 136) The holder of a mining license must pay five percent of the mineral royalties produced from the mining license. The purpose of this payment is to cover expenses for local development, mineral research, the adjustment of areas that have been mined in accordance with landscape architecture, and the prevention and suppression of offenses under the mineral law. 13. Business development and promotion (Section 137) Incentives are provided for entrepreneurs to participate in social responsibility, such as annual fee reductions or other services within the framework of the law. 14. Penalties (Sections 153-183) Measures are provided for the prevention and suppression of offenses. By increasing efficiency in both civil, criminal and administrative matters, such as (1) cases of mining without permission