การจัดการไฟป่าภายใต้พระราชบัญญัติกำหนดแผนและขั้นตอนการกระจายอำนาจให้แก่องค์กรปกครองส่วนท้องถิ่น พ.ศ. 2542

Abstract

This thesis aims to study facts, scope, processes, and management procedures of forest fire operations by local government organizations according to the Local Administrative Organization Act B.E. 2542, and the legal issues arising from the overlapping power and responsibilities of local government organizations in managing forest fire problems. It also aims to study cases of forest fire management in foreign countries in order to propose improvement to the capabilities of local government organizations to manage forest fire management more effectively. The study finds that Thai local government organizations does not manage forest fire as efficiently as it should, due to two problems and limitations. First is the problem regarding the operations of forest fire management. This study finds that local government organizations lack personnel and staff with sufficient knowledge and skills for fire control, leading to a lack of efficient forest fire management, especially for the forest fires that occur in small, remote administrative areas, making it difficult to travel to extinguish forest fires. Firefighting tools and equipment are also insufficient and inappropriate to cover the size of the areas they are responsible for. Moreover, the lack of budget from central government for purchasing modern firefighting equipment contributes to the problem. Additionally, there is still ineffectiveness in the spread of knowledge to and the raising of awareness of the population, especially of the members in the local communities, regarding the risks of forest fires and their effects. Moreover, farmers are still viewing forest fires as necessary for land preparation for agriculture and do so without creating fire boundaries to prevent the fires from spreading out and . The fires then easily spread into the forests and grow into forest fires. Second is the problem arising from overlapping of power. This study finds that while there are several laws granting power of forest fires management to local government organizations, however, in practice, local government organizations are not able to exercise such power to efficiently manage forest fires. This is because those laws do not only grant the power of forest fires management to local government organizations but also to other government agencies, causing the overlapping of power to manage forest fires of the relevant government agencies, both content wise (the laws and regulations) and duty performance wise (the exercise of power to command and the responsibilities). This results in delayed performance of duties and the exercise of legal power to order and command, and conflicts within organizations. The aforementioned makes it not possible to create unity and efficiency in the management of forest fires. Keywords: Forest Fire, Forest Fire Management, Local Government