New EEC Public Consultation Regulations: Key Changes, Legal Requirements and Implications for Project Owners
1. Introduction
The Eastern Economic Corridor Act B.E. 2561 (2018) (the “EEC Act”) sets out the criteria and procedures for designating Special Economic Promotion Zones. These procedures cover feasibility studies, impact assessments, mitigation and remedial measures, and the preparation of draft land-use plans.
The EEC Act also allows members of the public and stakeholders in surrounding areas to express opinions and submit recommendations. This process is intended to promote public understanding and ensure that decision-makers have comprehensive information. In doing so, it helps minimize conflicts, prevent adverse effects on local communities and the environment, and support sustainable investment in targeted industries in a manner consistent with local ways of life.
The previous public consultation regulations had been in force since 2021 and needed to be updated to reflect current circumstances and requirements. In particular, they required clearer provisions for Project Owners, defined as government agencies or landowners holding land within the EEC area who intend to undertake operations to establish or modify zone objectives or land-use plans. Accordingly, the Regulations of the Eastern Economic Corridor Office Re: Public Hearings and Recommendations for Consideration of the Establishment or Modification of Special Economic Promotion Zones, B.E. 2569 (2026) (the “2026 Regulations”) were issued to replace the earlier version.
2. Key Changes Under the 2026 Regulations
The 2026 Regulations revise the criteria and procedures for conducting public consultations and collecting recommendations when applications to establish or modify Special Economic Promotion Zones are considered. They replace the regulations issued in B.E. 2564 (2021) (the “2021 Regulations”) and introduce the following key changes.
2.1 Disclosure of Information Before Public Consultation
Under the 2021 Regulations, information had to be disclosed so that the public and stakeholders were informed before consultation began, but no minimum disclosure period was prescribed.
The 2026 Regulations require this information to be disclosed continuously for at least 15 days before the consultation process begins. This gives the public sufficient time to review and understand the details of the proposed project.
2.2 Forms and Methods of Public Consultation
Clause 6 of the 2021 Regulations allowed public consultation to be conducted in various formats or through various channels.
Under the 2026 Regulations, public consultation meetings are the primary method, and other methods or channels may be used only as supplementary means. In cases of force majeure, the Eastern Economic Corridor Office (the “EECO”) may approve alternative consultation methods in place of public meetings.
As a result, holding public consultation meetings becomes the principal procedural requirement for Project Owners.
2.3 Responsibility for Preparing the Summary Report
Under Clause 8 of the 2021 Regulations, the EECO or the Project Owner, as the case may be, was responsible for preparing the summary report on the public consultation results within 15 days of the consultation date. The report also required EECO approval before publication.
Under Clause 10 of the 2026 Regulations, the Project Owner is expressly designated as the party responsible for preparing the summary report and summitting to the EECO for approval within the same 15-day period.
2.4 Required Contents of the Summary Report
Clause 11 of the 2026 Regulations expressly specifies what the summary report must contain. The emphasis is on compiling the opinions, recommendations and concerns raised by the public and stakeholders. Project Owners must clearly identify the opinions and recommendations received and provide explanations and reasons addressing each of them.
2.5 Publication of the Summary Report
The 2026 Regulations require the summary report to be published on the network system of the local administrative organization continuously for at least 15 days. This ensures that the public and stakeholders have adequate access to the report and can review the consultation results, while enhancing transparency and public participation in the project consideration process.
2.6 Use of Public Consultation Results Obtained Under Other Laws
The 2026 Regulations introduce additional criteria governing the use of public consultation results obtained under other laws.
Where a Project Owner has prepared an Environmental Impact Assessment (EIA) report under the Enhancement and Conservation of National Environmental Quality Act, and that report was approved within the preceding two years, the Project Owner may rely on the public consultation results in that report to support an application to establish or modify a Special Economic Promotion Zone.
In that case, the Project Owner is not required to conduct a further public consultation under the 2026 Regulations, provided that the prescribed conditions are met.
3. Effective Date and Transitional Provisions
The 2026 Regulations were published in the Government Gazette on 20 October 2026 and came into force on 21 October 2026.
Transitional provisions also address actions taken before the effective date and proceedings already underway. Unless otherwise determined, such actions and proceedings are deemed to have been duly carried out in accordance with the 2026 Regulations.
4. Summary: Impact on Project Owners
The 2026 Regulations increase the compliance responsibilities and accountability of Project Owners in the following respects:
- Pre-disclosure period: Project timelines must allow for a mandatory 15-day period in which project information is disclosed before consultation begins.
- Consultation method: Public meetings are now the primary method of consultation. Other channels may be used only as supplementary means, and alternatives to meetings require EECO approval on grounds of force majeure.
- Reporting responsibility: Project Owners are expressly responsible for preparing the summary report within 15 days of the consultation.
- Report quality: The report must set out the opinions, recommendations and concerns received, together with reasoned explanations addressing them.
- Publication: The finalized report must remain publicly available for at least 15 continuous days.
- Use of existing EIA results: A Project Owner holding an EIA report approved within the preceding two years may rely on its public consultation results and may not need to conduct a separate consultation, subject to the prescribed conditions. This can save considerable time and administrative effort.
- Transitional provisions: Actions taken before the effective date, and proceedings already underway, are generally deemed to comply with the 2026 Regulations unless otherwise determined.
5. Recommendations for Project Owners
- Plan and resource the meetings: Allocate sufficient budget and logistical resources. Select accessible venues within or near the affected communities, and establish clear communication channels so that residents can attend easily.
- Prepare for prompt reporting: Assign a dedicated compliance or environmental, social and governance (ESG) team member, or engage experienced external consultants, to draft the report immediately after the consultation. Build the 15-day deadline into the project timeline and monitor it closely.
- Record stakeholder feedback systematically: Log all feedback received during consultations and ensure that every major concern raised is addressed with a clear, well-reasoned response in the report. This demonstrates good faith, helps resolve potential conflicts early, and meets the EECO’s more detailed content requirements.
Author: Panisa Suwanmatajarn, Managing Partner.
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