November 24, 2025
Dr. Rujira Bunnag
Naewna On Line,
Column of Rule, Regulation and Business
Publicized on Friday, November 21, 2025
The Draft of Clean Air Act, formally titled the Draft of Management for Clean Air Act B.E. ….., was approved by the House of Representatives in all three agendas on October 21, 2025 and has now listed in the agenda of the Senate for consideration.
If the Senate approves it without objection or amendment, it will be promulgated in the Royal Gazette and will be enforced shortly thereafter.
This Clean Air Law is a new development that recognizes clean air as a fundamental right of Thai citizens and mandates special protection for vulnerable groups.
The law requires the establishment of a “Clean Air Management Committee,” chaired by the Prime Minister, to set national policies and master plans.
Regarding pollution control, the law sets out measures to regulate pollution from major sources such as industry, transportation, agriculture, forestry, and transboundary pollution.
A Clean Air Fund will be established, financed by clean air fees collected from importers and manufacturers, to provide resources for solving pollution problems in both the short and long term.
A key principle of the Clean Air Law is the “polluter pays” meaning those who cause pollution must bear the costs. The law also introduces economic measures to incentivize pollution reduction.
The law also includes clear penalties for those who cause air pollution and encourages participation from all sectors, especially the public, in decision making and managing air pollution issues.
There is an observation that the Clean Air Fund may overlap with the Environmental Fund established under the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992).
Nonetheless, when compared with current legal practices, it may be said that these funds do not overlap but instead complement one another. The Environmental Fund addresses all types of pollution in general, while the Clean Air Fund specifically targets air pollution.
The Environmental Fund relies mainly on the national budget funded by taxpayers, whereas the Clean Air Fund will collect fees primarily from polluters, using these funds to address air-specific pollution issues.
Nevertheless, the Joint Standing Committee on Commerce, Industry and Banking composed of the Thai Chamber of Commerce, the Federation of Thai Industries, and the Thai Bankers’ Association although agreeing with the principles of the Clean Air Law, has expressed concerns about several important points.
In particular, they note that the law would increase business costs, impose severe penalties, and potentially overlap with existing laws.
The business sector believes that collecting clean air fees duplicates existing taxes and increases business operational costs, creating additional burdens. They argue that the government should instead introduce tax incentives and supportive measures to encourage private sector participation in maintaining clean air.
Additionally, the private sector notes that the Draft of Clean Air Act imposes higher penalties both civil and criminal than other related laws.
It will be difficult, perhaps nearly impossible, for the Clean Air Law to satisfy every stakeholder. A careful balance must therefore be struck, weighing the benefits and drawbacks and focusing on the advantages that citizens and the nation as a whole will gain.
Although the draft law passed the House of Representatives without major obstacles, its path through the Senate may not be as smooth.
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