“Thammanat” brushed past the CPO ad. Uea, the capitalist would not open the channel to use the NACC

For the past Consideration of the permission to use the land to support or related businesses of NACC Provinces There was a delay And the interpretation does not go in the same direction Causing stagnation of entrepreneurs Lack of clarity of the guidelines to consider commercial transactions under the announcement from the Ministry of Agriculture and Cooperatives Make farmers in the area lose the opportunity to benefit from their operations. Both in marketing, demonstration, income generation, job creation, basic services that must have equal access to services in all areas.

The CPO announcement dated October 28, 2020 is the exercise of power under Section 19 announcing the business transaction. That it is a business that considers allowing the use of land under the jurisdiction of the law is announced by the Ministry of Agriculture and Cooperatives. Guide the use of discretion for the personnel who carry out Use it as a guide for the operation only. Considering permission to use the land for supporting or related businesses. Still subject to the aforementioned regulations and considerations, the aforementioned Declaration is not a legal basis for vacancies. Or to facilitate the use of the land for other activities that are not provided for in the agrarian reform law in any way

“This announcement was made by distilling drums from SCP attorneys, NESDB representatives Former office secretary. Many of you, and the key point is that it is in the best interest of farmers. Occupation: Farmers who make use of the NACC land, we must take care of them from upstream, middle waters and downstream, otherwise they cannot escape the poverty trap. Marketing is more important than anything else. Therefore, other businesses that support the Farmers are not less important than production, the key point is the essence of this ad. It is what the farmer brothers demand Because they want to have a market, especially agricultural product processing plants, so agriculture-related businesses. word processing companies or factories that relate to the farmers’ way of life are therefore legally supported. “

Lieutenant Thammanat also stated that from the Cabinet Roaming meeting in Phuket He received the CPB report and heard the voice of NACC land users said most of the land was in the middle of the community, more than 89%, with more than 300 hotels from 3 to 5 stars, at least 100 family houses. The province also has the same context as Phuket, Krabi, Phang Nga, etc. Therefore, the regulations of the Provincial Government must be reviewed to recover the capital before taking the next step. Without affecting the economy and the people of it

For the concept of land allocation supported or in connection with agrarian agrarian reform, they are the following:

1. Power base for land management, supporting or related companies
The Agricultural Land Reform Act 2518 Amendment (No. 3) BE 2532 expanded the scope of land allocation by bringing in state lands or purchased lands. To fix land for farmers Farmers’ Institute For agriculture OR raise large animals Have the power to allocate land for people (natural persons, legal persons: not necessarily farmers, only) to undertake businesses in support of or in connection with agrarian reform under section 30 paragraph five, therefore, the NACC has the power to allocate land in addition to Agriculture Which has a law that grants the authority to act by law

2. Limited reach of supporting or related companies
Supporting or related companies Must be a business as announced by the Minister of Agriculture and Cooperatives in the Official Gazette.

3. Framework for considering supporting or related companies
– Commercial or related support It must have objectives for agrarian reform Considering the nature of the business and the results obtained from the commercial operation (Opinion of the State Council According to letter no. Directly from that business (Supreme Administrative Court Order Red Case No. 1728/2016)

4. Type of supporting or related business According to the agrarian reform law
It appears as announced in the announcement of the Ministry of Agriculture and Cooperatives Re: Support or in connection with the agrarian reform under Section 30, paragraph 5 of the Law. Agricultural Land Reform, 1975, as amended by the Agricultural Land Reform Law (No. 3), 2532 (November 27, 1990) and No. 2 (May 9, 2000) are

1. Companies that support agrarian reform Refers to businesses
1.1 Agricultural activities, demonstrations and experiments for the benefit of agriculture.
1.2 Activities to promote Either safe for agricultural crops OR reduce the cost of agricultural production
1.3 Entities mutually agreed upon by NACC in the production and distribution of agricultural products
1.4 Companies that are professional development in agriculture and inputs as well as production, distribution and marketing for better results.
1.5 Companies that are services or are related to the farmers’ livelihoods in economic and social aspects in the area of ​​agrarian reform That the business must be in the area designated by the CPB as an area for this purpose
2. Business related to land reform means business processing agricultural products. Which mainly uses agricultural products in the area of ​​agrarian reform
In the event that there is a problem with other types of support or related businesses As specified in the CPP announcement to consider and decide (CPO has no power to prescribe other support or related businesses)

5. Criteria, methods and conditions for permission to use the land to support or related businesses
While paragraph 5 of Section 30 is a power base, the NACC has the power to allocate land for other businesses. Support or related, but must still comply with the regulations prescribed by the CPI with the approval of the Cabinet. Which is stipulated in the CE Regulation, Regarding the Rules, Methods and Conditions for Licensing and Granting the Licensee to Practice the Use of Land or Real Estate for Commercial Support or Related to Land Agrarian Reform, BE2541

– The person who has the authority to consider is – Provincial Agrarian Reform Committee (The governor is the president Provincial government agencies Representatives of the private sector Representative of the farmer) (Regulation No. 7)

– Project work plan: must demonstrate the expected benefits that farmers Farmers Institute To support the permit application and NACC will receive (Regulation No. 4 (G))

– Integration with the community – The activities that request permission must not cause contamination to the community and the environment, including the safety of the people in the area (Regulation No. 11) (Village community meeting / SAO. the area)

– Other legal controls – Before starting construction, the tenant must show proof of permission for Construction and must show a license to operate in accordance with the law, otherwise the EPPO has the right to terminate the lease. (Land Lease Agreement No. 5-6)
– Allowed area size: no more than 50 rai (Section 30, paragraph 5)