Copy

Memornadum

Office: Department of Forestry, Licence Division Tel. (662)5794048

No. KOR SOR 0704.5/1582 Date 11 November B.E. 2540 (A.D.1997)

Subject : Mr. Sidthipong Tulathamtorn’s application for granite mining concession in the forested area of land decided by the Cabinet at its meeting on December 28, B.E. 2536 to be reserved as national heritage.

Application No. 21/2538, Nakonnaiyok Province

______________________________________________

To Permanent Secretary, Ministry of Agriculture and Cooperatives

Office of Prajeenburi Province Forestry and Prajeenburi Province submitted to the department of Forestry for consideration the application of Mr. Sidthipong Tulathamtorn for granite mining concession in the forested area of land decided by the Cabinet at its meeting on December 28, B.E. 2536 to be reserved as national heritage.

Application No. 21/2538

Land Area  107 Rai 2 Ngan and 32 sq. Wa, in a single peace of land at Khao Phra District, Municipality of Nakonnaiyok Province.

The Department of Forestry considered the matter and would like to state that:

Detail and information regarding the subject matter as reported by the Office of Prajeenburi Province Forestry and Prajeenburi Province are as follows:

1.1 The location of the application area is in the national reserved forest decided by the Cabinet at its meeting on December 28, B.E. 2536 to be reserved as national heritage. There was no Prime Minister Office’s decree banning its entry or occupation by people.

1.2 Landscape:

16 degree slope, mountainous, about 120-125 metres above sea level, no stream in the application area, the application area is classified to be second or third level of basin in accordance with the Cabinet resolution dated November 19, B.E. 2534

1.3 Type and value of woods in the forest

Application area is in the tropial forest

Type of preserved trees grown over 50 cms. in height KRAYALOEI tree.

over 50-100 cms. in height   24 trees

over 100 cms. in height          22 trees

Or 24.33 cubic metres having economic value in forestry accumulating at an annual rate of 2.5% for the next 80 years regardless of the future growth of the trees to attain commercial value at the end of 25 years of concession term to be around 72,090 Baht. In that case, the State shall earn a royalty and forestry fee around 2,883.60 Baht.

1.4 Detailed information regarding mineral.

Applicant shall carry out granite mining by way of extracting from the site the volume of which is confirmed by the Mineral Department to be around 768,000 sq.metres and is worth about 1,305,600,000 Baht and if that concession is awarded, the State shall collect a royalty about 52,224,000 Baht.

1.5 Views of officials

Forest inspecter awarding concession recommended that concession be granted

Provincial Forester of Nakornnaiyok     same opinion

District Forester of Prachinburi             same opinion

Governor of Nakhrnnaiyok                    same opinion

2. Rules and regulations regarding the award of concession

2.1 Rules of the Forestry Department concerning granting access to make use of or to live in the national reserved forest are as follows:

2.1.1 Request for mining concession shall be granted not more than 300 Rai in area and not more than 10 year — term per request.

2.1.2 The application area shall not be reserved for forestry.

2.1.3 measures relating to the utillisation of soil in the basin, the utillisation of mangrove and the utillisation of natural resovres and soil in the national reserved forest as adopted by the Cabinet or the applicant has to comply with measures set up by the Cabinet.

2.1.4 The application area shall not be a scenic area to be preserved.

2.1.5 It shall not be an area that should be preserved for the sanctuary of wildlife.

2.1.6 It shall not be disputed area as far as the local people and the people living in its vicinity are concerned nor shall be subject to approval by the Local Council or Local Administration where the application area is located.

2.1.7 There shall be no more than 8 trees per Rai measured at their 130 cms. in height to have a circumference between 50-100 cms. or no more than 2 trees over 130 cms. high per Rai spreading over the application area.

2.1.8 It shall have the size, boundary and area suitable for the purpose as requested as well as for the action plan attached to the request.

2.2 The use of timber in the concession area has to be done in accordance with the Forestry Department regulations regarding inspection and cutting down timber in the forested area open to the use of land B.E. 2525 dated April 8, 2525.

3. Conditions regarding awarding concession are laid down in the Forestry Department regulations concerning the authorisation to exploit or to live in the national reserved forest B.E. 2539 dated December 17, 2539 herewith attached.

4. Additional statement

4.1 The application area was according to the report on the survey of the Provincial forester a tropical forest but now deforested and only about 46 trees which are 50 cms. high still exist.

4.2 It is not adjacent to national reserved forest nor wildlife preservation and conservation area. It is not a scenic area worth to be preserved nor wildlife sanctuary.

4.3 As regards transportation, the applicant jointly made a memorandum with the inspection official dated December 13, 2539 stating that the applicant did not intend to seek permission to build any road to the application area for transportation of products since there was an access through public road.

4.4 It is not under the supervision of the office of Land Reform for Agriculture (SOR POR KOR) since it is not in the national reserved forest area and it is outside the regime regulating the use of natural resources and forested area in accordance with the Cabinet Resolution dated 10 and 17 March B.E. 2535.

4.5 This application to exploit mines in the forested area conforms to regulations and additional measures contained in the policy of the Minister of Agriculture and Cooperatives as outlined in the Note (Most Urgent) No. KOR SOR 0704.5/VOR 4521 dated February 19, B.E. 2539 of the department of Forestry and it has also fixed the coordinates which can be read from G.P.S.

4.6 Office of Environmental Policy and Planning stated that it had submitted the Application to the Committee of Experts to consider the report on the environmental effects as a result of this application for mining and the Committee subsequently approved it.

5. Views of Department of Forestry

The Department of Forestry examined and considered the application in accordance with the said rules and regulations and found that the application had conformed to the regulations and policy laid down by the Department of Forestry regarding the authorisation to exploit or to live in the national reserved forest B.E. 2539, consequently authorisation should be granted for a period of 10 years provided that it should be subject to 15 conditions as herewith attached. In addition, the Department was of the view that the applicant should comply with the Cabinet Resolution of 15 May B.E. 2533 i.e., “the cutting down of trees in the mining area should be kept to the minimum in order to conserve forest.”

6. Power to authorise

The authorisation to exploit the forested area decided by the Cabinet on December B.E. 2536 to be preserved as national heritage has a term of 10 years, The applicaiton of Mr. Sidthipong Tulathamtorn for granite mining concession as per application No. 21/2538 in KHAO PHRA sub-district, Muang District, Nakornnaiyok Province, according to the cabinet Resolution of April 22, 2512, has to be subject to the authorisation by the Minister of Agriculture and Cooperatives.

Therefore, the application is submitted to you for your consideration and for the decision by His Excellency the Minister of Agriculture and Cooperatives. Attached to this Note is a file relating to the matter.

Signed:

(Mr. Chatchai Rattanopas)

Deputy - Director

Acting for the Director -General

Department of Forestry

Dated November 10,B.E. 2540