Court urges public input as mining licence axed

A recent verdict by the Udon Thani Administrative Court to revoke a limestone mining concession in a forest reserve in Nong Bua Lam Phu province has set a new precedent in terms of mandating public participation in projects of community significance, said Surachai Trong-ngam, who represented villagers in the long-running dispute.

“The court verdict made a clear statement that the permit to operate a quarry in the forest reserve was unlawful because local villagers were not consulted,” Mr Surachai told the Bangkok Post.

“The authorities failed to provide a public hearing despite the fact local villagers had been protesting against the mine,” he added.

The verdict marks a new chapter in the legal wrangle between villagers and developers of public natural resources.

“In the past, the court has rarely considered public participation, even though this is enshrined in the constitution,” Mr Surachai said.

“But in this case the court launched an investigation to see if the authority had allowed villagers to participate in the decision-making process regarding the permits, to see if there was any violation of their community rights.

“The court recognised the conflict in the community [and acted correctly].

“This will set a new precedent for projects that use public forests or natural resources.

“They should be more wary now and think twice before approving permits for projects that the local community finds unacceptable.”

Last Wednesday, the court revoked the “unlawfully granted” permit for a firm to mine limestone in the forest reserve after it drew fierce protest from local villagers, who depend on the area’s natural resources for their livelihoods.

The mine operator planned to dig in an area covering 175 rai in the Kao Kloi-Na Klang forest reserve in Nong Bua Lam Phu’s Suwannakhuha district.

However, the judge said approval had been granted before getting the green light from the Dong Mafai Tambon Administrative Organisation (TAO), which oversees the area.

As TAO members have yet to make a final decision on the matter, the move to renew the concession to mine limestone in Dong Mafai has been revoked, the court ruled.

The conflict arose after 78 residents filed a complaint in 2012 against the minister of natural resources and environment and five of his subordinates for their alleged involvement in the controversial grant.

They accused the defendants of violating the constitution by failing to take public participation into consideration when they agreed to renew the concession.

The complainants, mostly farmers, cited the adverse impact the mining operation was having on Kao Kloi-Na Klang.

The forest has served as a source of water, vegetables and medicinal herbs for the villagers for decades, they said.

The damage to their livelihoods outweighs the benefits the government would rack up, they said.