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Minerals Act Section 53 — Three categories of mining and who issues the mining lease
Minerals Act (พระราชบัญญัติแร่) — Section 53.
Plain-English Summary
Mining is allowed only under a mining lease (ประทานบัตร), which is personal to the holder (Section 52). Section 53 has the Minister divide mining by announcement into three categories. Type 1 is mining over an area of no more than 100 rai, with the lease issued by the local mineral industry officer with the consent of the Provincial Mineral Committee. Type 2 is mining over no more than 625 rai, with the lease issued by the Director-General with the consent of the Mineral Committee. Type 3 is all other mining, plus sea mining and underground mining, also issued by the Director-General with the Mineral Committee's consent. The Minister must have regard to area, mineral type, geology, mining method and environmental and health impact, and any mine that requires an environmental impact assessment under the environmental quality law must be classed as Type 2 or Type 3.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Minerals Act
พระราชบัญญัติแร่ · B.E. 2560 (2017)
The Minerals Act B.E. 2560 (2017) repeals the earlier Minerals Act B.E. 2510 (1967), its amendments and the mineral royalty Acts, bringing mineral licensing and royalty into one statute (Section 3). The Minister of Natural Resources and Environment and the Minister of Industry each administer the parts of the Act within their own remit (Section 5); the Director-General of the Department of Primary Industries and Mines issues the larger mining leases and the exclusive and special prospecting, dressing, metallurgy and mineral-trade licences. The Act sets up a National Mineral Management Policy Committee and a five-yearly master plan that fixes where mining may and may not take place (Sections 8-19), ties mining to environmental impact assessment under the environmental quality law, adds community hearings and, for underground mining, stakeholder consultation (Sections 56, 82-88), caps royalty at 30 per cent of the market price (Section 132), and sets criminal penalties and civil liability (Sections 139-142 and 153-183).
The summary above is a plain-English educational paraphrase of Section 53 of the Minerals Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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