The chairman of the Constitution Drafting Committee (CDC) has said that there was nothing wrong for the junta to use its absolute power under Section 44 to bypass industrial regulations on eastern economic project.
On 24 May 2017, Meechai Ruchuphan, chairman of the junta-appointed CDC, told media that it is not unconstitutional to use Section 44 of the Interim Constitution to bypass regulations and normal procedures in the development of the Eastern Economic Corridor (EEC) project.
He clarified that the move is not against the constitution because it is for economic development of the nation as it build more confidence among investors.
The CDC chairman’s statement was made after Gen Prayut Chan-o-cha, the junta leader and Prime Minister, announced that the NCPO invoked authorities under Section 44 to order the national environmental commission to set up a team to conduct Environmental Impact Assessment (EIA) for the EEC project.
The EIA process must be complete within one year after it starts, said the junta leader.
In January 2016, the junta leader issued the NCPO Orders No. 3/2016 and 4/2016, using authority under Section 44 of the Interim Constitution, which gives him and security officers absolute power to maintain national security.
NCPO Order No. 3/2016 exempts the construction of buildings in Special Economic Zones (SEZs) from the regulatory framework of the 1975 Town and City Planning Act and other regulations on buildings. The order also takes away from local government the authority to impose regulations on construction in SEZs.
Similarly, NCPO Order No. 4/2016 exempts all kinds of power plants, water treatment plants, garbage disposal and collection plants, recycling plants, and gas processing plants from regulations under the Town and City Planning Act.
In late 2015, the cabinet approved a plan to cut short the process of conducting on PPP (Public and Private Partnership) mega projects. The proposal is aimed to reduce the time for conducting EIAs for mega infrastructure projects from about 22 months currently to only nine months.