An activist group petitioned the Supreme Administrative Court on Wednesday seeking an urgent inquiry into and an injunction against a ministerial regulation appointmenting an independent advisory body to solve the problems preventing the suspended Map Ta Phut industrial projects from resuming operation.

The petition, filed by Stop Global Warming Association chairman Srisuwan Chanya, also asks the  court to annul the 19-member advisory committee chaired by former prime minister Anand Panyarachun.

The advisory body is intended to help state agencies and  operators of Map Ta Phut industrial projects suspended by the Administrative Court comply with Section 67 of the constitution concerning environmental and health impact assessments.

Prime Minister Abhisit Vejjajiva and the cabinet were named defendants in the petition.

The petition argues that the cabinet resolution of Jan 12 to issue a PM's Office regulation to appoint the advisory committee, which was based on a study made by a four-party committee for implementation of Section 67 of the constitution, also chaired by Mr Anand, may be against the law.

The ministerial regulation, published in the Royal Gazette on Jan 12, was issued despite the fact that public hearings had never been held to allow the public - including about 200 non-governmental organisations concerned with the environment, 500 health organisations and 200 colleges and universities - to voice their opinions.

Therefore, the ministerial regulation may be unlawful, says the petition.

Moreover, the independent advisory committee may contradict the  principle of conflict of interests because the four-party panel had set the qualifications of those who were to become its members.  Most of the people appointed to the advisory committee, therefore, were from the government, not the people's sector.

This may contravene a PM's Office regulation on the ethics political office holders of 2008 and the Code of Conduct of Civil Servants issued on Nov 5, 2009 under Section 279 of the constitution.

In the petition, the Supreme Administrative Court is asked to revoke the PM's Office's ministerial regulation of Jan 12 and the appointment of the committee, and order the four-party committee for solving the pollution problems at Map Ta Phut to hold a forum to take opinions from the people in all four regions, including Bangkok, before any regulation is issued.

Mr Srisuwan, in a separate interview, said the four-party committee should have collated  public opinion before submitting its report to the cabinet.  This haste meant the regulation was flawed, he said.

The court accepted the petition for consideration before deciding whether to proceed with it.

Santi Wilassakdanont, president of the Federation of Thai Industries, said he believed the court would use discretion in considering the petition.

He said it was necessary that the government quickly issued the ministerial regulation, since it would take as long as one year for parliament to pass a bill.

Mr Abhisit earlier said he hoped the Map Ta Phut problems, which have stalled 64 industrial projects, would be solved within six months of the regulation being issued.

Bangkok post - Jan 20,2010