Thailand is suffering from a continuing increase in harmful particulate matter dust (especially PM2.5) and other air pollution in many parts of the country, including Bangkok, its capital and commercial center. There are various causes behind the increase in toxic air pollution, including intense agricultural demands, industrial emissions, urban activities, transboundary pollution, and seasonal factors.

According to several statistics, Thailand is one of the world’s top commercial agricultural producers, with various cash crops, like rice, maize, and sugarcane, grown throughout the country. However, this high level of agricultural production leads to adverse effects on human health, our climate, and the environment.

In Thailand, agricultural burning, using fire to clear land for planting and to remove excess biomass, is a traditional practice that farmers in various parts of the country use for its speed and low-costs. This practice has intensified over the past decades as Thailand transitioned from subsistence farming to commercial agriculture, and Thai farmers came under pressure to satisfy the increasing demands of large agricultural businesses to produce more cash crops. To further exacerbate the issue, Thailand’s neighbors also practice agricultural burning, which can lead to transboundary pollution.

As air pollution gains more attention, especially in developing countries, the United Nations General Assembly (the “UNGA”) passed a resolution in 2022 recognizing the right to a clean, healthy, and sustainable environment as a basic human right. The UNGA called upon its member states (which include Thailand), international organizations, businesses, and other stakeholders to “scale up their efforts” to ensure a clean, healthy, and sustainable environment for all humans across the world.

To combat air pollution, the authorities in Thailand have enacted a patchwork of legal measures, including stricter vehicle emission standards, promotion of electric vehicles, regulation of industrial emissions, and various other regulatory instruments, to combat practices that result in air pollution. However, at this moment, Thailand does not have any specific and comprehensive legislation to combat the causes of air pollution.

Thus as part of its efforts to combat air pollution in the country and further afield, the Thai government has recently initiated steps to implement a citizen-driven legislative tool designed to serve as the cornerstone of the legal framework for addressing air pollution – the Draft Clean Air Act (the “Draft Act”).

Current Status of the Draft Act

At present, the Thai government is in the stage of reviewing and consolidating the seven versions of the Draft Act, including one proposed by the Cabinet, five submitted by various Thai political parties[1], and one developed by a civil society organization, the Thailand Clean Air Network. These seven versions are being formalized and unified into a single consolidated act.

Specifically, the Draft Act is currently being considered by an Ad Hoc parliamentary committee, which includes senators and is supported by two subcommittees: one focusing on the Draft Act’s principles and administrative structure, and the other on legal liabilities and enforcement.

As part of this legislative process, from 2024 to the present, the committee and its two subcommittees have held numerous meetings to amend and refine the content of the draft.

Once their review is complete, a public consultation will be conducted through the Parliament's official website. The finalized draft will then be submitted to the House of Representatives for a vote in the remaining readings. If approved, the Draft Act is expected to be submitted for royal assent and officially enacted into law within the next year.

Core Principles and Key Provisions of the Draft Act

Definition of Clean Air

Within the Draft Act, “clean air” is defined as air that is free from pollutants exceeding acceptable standards. These standards will be based on decisions by a national committee, international organizations, or academic consensus, depending on which of the seven versions of the Draft Clean Air Act will ultimately be adopted.

Public Rights to Clean Air

The Draft Clean Air Act recognizes various fundamental rights of the public, including:

• Right to breathe clean air
• Right to access and receive information
• Right to participate in policy and planning
• Right to seek environmental justice through the court
• Right to health screening and medical treatment

Duties of Persons

The Draft Clean Air Act outlines personal duties on individuals and businesses:

• Duty to avoid causing air pollution that adversely affects others
• Duty to support and cooperate with government efforts to address air pollution

Problem-Solving Mechanisms

The Draft Clean Air Act proposes the following proactive and preventive mechanisms, to be implemented by the Pollution Control Department, to address air pollution issues:

• Monitoring, forecasting, and early-warning systems
• Provincial-level pollution databases and mapping
• Designation of pollution surveillance or hazardous zones
• Measures to tackle transboundary pollution

Economic and Behavioral Incentives

The Draft Clean Air Act proposes several policy, fiscal, and regulatory tools to encourage cleaner practices, including:

• Taxes for emitting air pollutants
• Air pollution management fees
• Deposit-refund system
• Allocation and transfer of air pollution emission rights
• Risk insurance
• Subsidies, support, or incentives for individuals or activities that promote clean air
• Other tools or measures as prescribed by the Clean Air Policy Committee

Establishment of a Clean Air and Health Fund

The Draft Act proposes to establish a revolving Clean Air and Health fund intends to support activities to promote clean air, compensate victims of air pollution, and penalize violators, such as:

• Relief and compensation for damage caused by pollution
• Research and community capacity building
• Regional and international collaboration
• Litigation and legal enforcement (as further discussed below)

Penalties for Activities Resulting in Air Pollution

It is noteworthy that the various versions of the Draft Act intend to introduce new and robust enforcement structures to combat air pollution.

Firstly, they introduce the concept of Clean Air Officers, empowered in four versions (the ones proposed by the Government, Palang Pracharath, Bhumjaithai, and Pheu Thai). These officers will be able to inspect facilities, demand data disclosures, and, in some cases, suspend operations that are contributing to air pollution.

Secondly, these versions also propose enhanced monitoring systems, data collection at provincial and district levels, and public access to real-time air quality data (as emphasized in Kao Klai’s version). Businesses can expect mandatory environmental assessments and continuous monitoring, particularly in pollution-heavy sectors, like agriculture.

Lastly, the penalties vary across the different versions. For example:

• Most of the versions recognize the penalties for polluting activities outside the country; this extraterritoriality concept will be discussed further in parallel with Singaporean law to predict the possible impacts on businesses.
• Regarding the matter of imprisonment, the Government’s and Palang Pracharath’s versions impose up to one year of imprisonment in addition to fines of 100,000 Thai Baht for domestic violations, with harsher penalties for cross-border pollution, while the Kao Klai and the Clean Air Network versions propose prison terms of up to five years.
• Distinctively, Kao Klai uniquely mandates public disclosure of polluters and environmental transparency for publicly-listed companies, raising ESG and reputational stakes for large corporations.
• Several acts impose penalties on companies for failing to report emissions, missing required fees, obstructing enforcement, causing transboundary haze issues, and on officers for neglecting their duties.

Comparative Overview

While Thailand is still in the process of developing its regulatory framework to address air pollution, numerous other countries around the world have already established comprehensive laws and regulations aimed at promoting air quality and reducing pollution.

These international efforts can serve as valuable examples and benchmarks for Thailand as it works towards implementing its own clean air framework. Countries such as the United States, European Union member states, the United Kingdom, the Philippines, and Singapore have enacted robust legislation that sets stringent air quality standards, regulates emissions from various sources, and imposes penalties for non-compliance. These laws not only aim to protect public health and the environment but also encourage sustainable practices and technological innovations to reduce air pollution and its impact on the public and the environment.

United States: The Clean Air Act in the United States is one of the most comprehensive air quality laws globally. It was established in 1963 and significantly amended in 1970, granting the Environmental Protection Agency broad powers to regulate air pollutants throughout the country.

European Union: The EU Air Quality Directive, specifically the revised Ambient Air Quality Directive, sets binding air quality standards for European Union member states. It focuses on pollutants such as particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), and ozone (O3).

United Kingdom: The United Kingdom has various legislative instruments to combat air pollution, including the UK Clean Air Act 1956, later extended by the Clean Air Act 1968 and consolidated in the Clean Air Act 1993. Most recently, the UK adopted the Environment Act 2021 to further strengthen the UK’s provisions for air quality.

The Philippines: The Philippine Clean Air Act 1999 (Republic Act No. 8749), which establishes a comprehensive air pollution control policy aimed at protecting public health and the environment, imposes strict penalties for environmental violations.

Singapore: Singapore first adopted a legislative instrument to combat air pollution in 1971, the Clean Air Act of 1971. Furthermore, Singapore introduced the Transboundary Haze Pollution Act 2014 (“THPA”), which extends to any conduct or thing outside Singapore that causes or contributes to any haze pollution in Singapore.

Thailand’s attempt to introduce legislation tackling air pollution mirrors a broader regional shift toward imposing cross-border environmental accountability on businesses. It draws clear parallels with Singapore’s THPA, which holds companies liable for haze originating beyond its borders. For instance, in 2013, severe haze from fires located in Indonesia caused hazardous, transboundary pollution in Singapore, revealing enforcement gaps. Singapore sought plantation maps to identify polluters and enhance accountability under this law, underscoring the importance of strong air quality regulations and regional cooperation. Because air pollution does not recognize national boundaries, this extraterritorial approach is a key reason Thailand’s Draft Clean Air Act is expected to show similar principles.

Potential Impacts of the Draft Clean Air Act on Businesses

Due to the ongoing nature of the legislative process, it is difficult to forecast with precision how the Draft Act could impact businesses in Thailand and further afield. Businesses contributing to air pollution in Thailand may face financial penalties, potential litigation, reputational damage, or a combination thereof, depending on the strength of the Draft Act. Further, if businesses in Thailand have operations in surrounding countries that result in transboundary air pollution impacting Thailand, they too may face potential financial penalties and litigation under the Draft Act. This, however, depends on whether or not the Draft Act will have extraterritorial reach when adopted.

In various other countries, regulatory authorities are increasingly holding companies accountable for their environmental impact, and fines are imposed on those found responsible for activities resulting in air pollution. As one example, the New South Wales Land and Environment Court recently fined one of Australia's largest gold mines AUS$350,000 for breaching air pollution regulations by exceeding dust limit regulations on five occasions at a ventilation site.

Preparing Businesses for the Draft Clean Air Act

To prepare for the introduction of the Draft Clean Air Act, businesses in Thailand should take proactive measures to mitigate the impacts their operations have on the environment. This includes the following recommendations:

• Adopting cleaner production techniques to lower air pollution; for example, investing in air filtration systems to ensure harmful pollutants are eradicated at the source.
• Reviewing elements of their supply chain to ensure that suppliers are adhering to clean air practices; for instance, agricultural businesses should work with farmers to reduce reliance on agricultural burning by exploring cleaner alternatives for land clearing and biomass removal.
• Training and developing their people to understand the negative impacts of air pollution.
• Ensuring your operational procedures align with recognized international standards.

Furthermore, businesses should stay alert to governmental regulations and initiatives, including the Draft Clean Air Act, to ensure compliance with new, stricter emission standards. Ideally, businesses should be exploring methods to reduce air pollution before the Draft Clean Air Act comes into force to ensure broad compliance. By taking these steps to mitigate air pollution, businesses in Thailand can contribute to improving air quality and safeguarding public health, rather than be the cause of the problem, while avoiding potential fines, litigation and reputational harm in Thailand and further afield.

Concluding Remarks on the Draft Clean Air Act

As we explained throughout this legal update, it is challenging to predict the precise regulations that could be included in the finalized version of the Draft Clean Air Act. The legislative process involves multiple stages of review, amendment, and consultation, which can lead to significant changes before the Draft Act is officially enacted into law in Thailand.

Nonetheless, while the implementation of an act specifically advocating for clean air will not entirely resolve the complex issue of air pollution in Thailand and its neighboring countries, the Draft Act represents a crucial, positive step forward in the fight against air pollution and its detrimental impacts, because for the first time in Thailand, it will establish the basic human right to clean air under Thai law. As such, it will embody the collective to lay a strong foundation for ongoing efforts to improve air quality in the country. It will also empower businesses, individuals, and local communities to take proactive steps in reducing pollution and protecting the environment.

This article was drafted by Chumbhot Plangtrakul, Ronnarit Ariyapattanapanich, and Joseph Willan, with research assistance from Lapon Lertpanyaroj, Premchama Lamiedvipakul, and Worrawantra Nuam-In.

[1] These political parties are Palang Pracharath, Bhumjaithai, Pheu Thai, Kao Klai, and the Democrat Party