LEGAL MEASURE FOR THE TOURISM MANAGEMENT AT KHAO YAI NATIONAL PARK

Abstract

Dong Phayayen-Khao Yai Forest Complex has been registered as World Heritage Sites by The United Nations Educational, Scientific and Cultural Organization or “UNESCO”. At present, the site has been conserved as Thailand National Park, and due to its exceptional geographic and the biodiversity, natural resources, rare plants and animals making Dong Phayayen-Khao Yai Forest Complex an important wildlife natural recreation sanctuary. Nevertheless, the National Park Act B.E. 2504 indicates that any doing that affect or destroy the natural resources and wildlife within the Khao Yai Forest Complex is illegal and may result in penalties. However, problems arising from tourism such as littering, noise pollution, artificial feeding, or releasing of other animals will not go away and still continue to exist. According to the study, Thailand should act in accordance with ‘Convention concerning the Protection of the World Cultural and Natural Heritage’ by protecting, conserving and nurturing natural resources within the Khao Yai Forest Complex to ensure Dong Phayayen will not be removed from the List of World Heritage. Nevertheless, since the commencement of the National Park Act B.E. 2504 until now, the act has never been amended to increase penalty especially fines, making the current imposed penalty unproportionate to the unlawful conduct, inappropriate to the value of damages, and unproportionate to the increased cost of living. Therefore, the mentioned penalty will not be able to efficiently protect, threaten or stop the unlawful conduct. While overseas countries such as UK, Finland are employing fines as the preventive measure for misconduct. The National Park Act B.E. 2504 does not constitute a lawful measure to investigate staff as such of willfully misconducts or willfully neglects to perform his/her duty.

The study summarizes that in order to preserve the balance between conserving of Khao Yai Forest Complex, while not impacting too much on the tourism economy than it is necessary. Penalties imposed on minor criminal misconduct should focus on imposing fines only while increasing the amount of fines with the consideration of the cost of living, the level of seriousness of misconduct and damage value. In conjunction with revision of law enforcement guidelines in order to control staff working practice and criteria in comparing cases in accordance with amended penalty rates.