When local residents in Pa Khlok say they were never invited to participate in a public hearing for a marina development at Ao Kung, despite indications the Environmental Impact Assessment may already be approved, the issue matters beyond one disputed project.
For buyers, developers and investors in Phuket property, it raises a practical question: how reliably does the EIA process work, and what does proper due diligence look like when evaluating projects near coastal resources or established communities?
The dispute has prompted Phuket MP Somchart Techathaworncharoen to launch an investigation into the approval process, following a visit to Ao Kung on 4 May where he met with community leaders and local residents.
What residents are claiming
Residents told the MP they were never informed of, or invited to participate in, any public hearings required under the EIA approval process. This matters because public consultation is a legal requirement for projects with potential environmental impact.
The community also raised concerns over the wider economic consequences of the proposed marina. Ao Kung serves as a key fishing ground not only for local Phuket fishermen, but also for fishing communities from neighbouring provinces including Krabi and Satun.
“Destroying the resources here means destroying the livelihoods of people in many provinces,” residents told Mr Somchart.
A further complication: residents say the National Human Rights Commission previously opposed the project, yet the development now appears to be moving forward.
What the MP is investigating
Mr Somchart has committed to examining two areas.
The first is the EIA process itself, specifically whether proper procedures were followed and whether public participation requirements were bypassed or misrepresented.
The second involves coordinating with relevant agencies to assess and monitor potential environmental impacts, particularly on marine and coastal resources relied upon by local fishing communities.
“Development must go hand in hand with sustainability and the consent of the people,” Mr Somchart said, adding that he will continue to follow the issue and provide updates as the investigation progresses.
Why this matters for Phuket property buyers and developers
The Ao Kung case highlights a broader point about development approval in coastal areas.
Projects near sensitive coastal or marine resources, or those likely to affect established fishing grounds, tourist beaches or mangrove areas, typically require an EIA before approval. The process is intended to include public consultation, particularly with communities that may be directly affected.
When that consultation is disputed or bypassed, projects can face delays, legal challenges or reputational damage, even if construction has begun.
For buyers considering properties linked to marina, pier or waterfront developments, the key question is whether the EIA and approval process was completed properly. This is not always easy to verify, but it is worth asking.
For developers, the case is a reminder that community engagement and transparent process matter. Skipping steps or pushing through approvals without proper consultation can create problems that are harder to resolve later.
What remains unclear
The investigation is ongoing, and several points remain uncertain.
It is not yet clear whether the EIA for the Ao Kung marina has been formally approved, or at what stage the approval process currently stands.
It is also unclear what action the National Human Rights Commission took previously, and whether that position remains relevant to the current approval process.
The outcome of the MP’s investigation will determine whether the project proceeds, is modified or faces further legal or regulatory challenges.
Frequently Asked Questions
What is an Environmental Impact Assessment in Thailand?
An EIA is a mandatory review process for projects that may have significant environmental impact. It includes technical assessment, public consultation and regulatory approval. The process is intended to identify risks and ensure affected communities have a voice before approval is granted.
Can a project proceed if the EIA process is disputed?
Not easily. If procedural requirements such as public consultation were not followed, the approval can be challenged. Projects may face delays, legal action or orders to halt construction until the process is properly completed.
What should buyers check about waterfront or marina developments?
Buyers should ask whether the EIA has been completed and approved, whether public hearings were held, and whether there are any ongoing disputes with local communities or regulatory agencies. Legal due diligence should include verification of environmental and development permits.
Why does the Ao Kung dispute matter beyond one project?
It raises questions about how consistently the EIA process is applied in Phuket, particularly for coastal and marine-related developments. When procedural compliance is unclear, it affects confidence in the approval process more broadly.
What happens next in the Ao Kung case?
The MP has committed to investigating the EIA process and coordinating with relevant agencies to assess environmental impacts. The outcome will determine whether the project can proceed as planned, requires modification or faces further regulatory or legal challenges.
Sources
- The Phuket News — Phuket MP probes Ao Kung marina project amid community backlash — link
