Minerals Act Section 159 — Offences: mining without a lease and the main penalty tiers

Mining without a mining lease (a breach of Section 52) carries imprisonment of up to five years, or a fine of up to 1,500,000 baht, or both. Prospecting without a licence (Section 38) carries up to one year, or a fine of up to 300,000 baht, or both (Section 155). Breaching key lease duties such as the lease plan and conditions, the setbacks in Section 68(3) or the rehabilitation security and insurance rules carries up to one year or up to 300,000 baht or both (Section 160); breaching Section 68(4), (5) or (6) carries up to two months or up to 60,000 baht, plus a daily fine of up to 50,000 baht until corrected. Dealing in minerals on which royalty has not been paid is punishable by up to six months or a fine of one to five times the mineral's value (Section 163). Section 140 makes a person who mines without permission liable to pay the State two to three times the value of the minerals mined, in addition to criminal liability (a lease holder who mines outside the lease area or in a prohibited area is likewise liable). Offences in a mineral-control zone carry double the penalty (Section 180), company directors or managers who ordered or failed to prevent a company's offence share the penalty (Section 181), and equipment and minerals used in the main offences are forfeited (Section 174).