Tak basin needs protection: court

The court ordered the NEB to make the declaration within 90 days of the case reaching its conclusion. 

Led by the Stop Global Warming Association (SGWA), 31 residents of Tak’s Mae Sot district lodged a complaint with the Phitsanulok Administrative Court against various agencies including the NEB on December 11, 2009, for allowing a zinc mine to operate in their upstream area. According to their complaint, the mine spread cadmium in paddy fields in tambon Mae Tao, Mae Ku and Phra That Pha Daeng.

 Pairat Yathoen, one of the villagers, said the cadmium contamination affected both the villagers’ livelihoods and health. “When our home towns become an environmentally protected area, we should have access to remedial actions,” he said.

SGWA president Srisuwan Janya showed up at the courtroom along with about 100 villagers yesterday. He said: “I hope the relevant authorities won’t appeal against the verdict. But if they appeal, we will fight to the end.”

The Lawyers Council of Thailand has assisted the SGWA and the affected people in the case.

Defendants have the right to appeal to the Supreme Administrative Court, but any appeal must be made within 30 days.

Srisuwan said it would be good for the locals if the Mae Tao River Basin became a protected area, because all relevant agencies would then better address environmental problems and boost environmental quality.

He was also convinced that yesterday’s verdict would strengthen the locals’ compensation lawsuits against the mine operator, who is being asked to pay more than Bt3 billion in compensation to affected people.

According to Srisuwan, more than 800 locals are involved in the compensation lawsuits. The Bangkok South Civil Court is scheduled to rule on some cases on September 29.

The Phitsanulok Administrative Court has not ordered other defendants such as the Pollution Control Board or the chief of the Department of Primary Industries and Mines to do anything related to the case. The complainants have in fact accused all defendants of dereliction.

So far, the complainants are happy with the verdict. “I feel good,” Pairat said upon hearing the verdict.