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No charges over attempt to steal state land at Bang Tao Beach

No charges over attempt to steal state land at Bang Tao Beach

PHUKET: No charges will be pressed against the owner of the 300-metre-long fence that was erected along Bang Tao Beach earlier this week despite the fence being built on state land, MaAnn Samran, Chief of the Cherng Talay Tambon Administration Organisation (OrBorTor) has confirmed.

By The Phuket News

Friday 31 July 2020, 06:25PM

The decision to not press charges was made in light of the fact that the owner had already had the fence removed, as ordered, Mr MaAnn told reporters today (July 31).

However, MaAnn declined to identify exactly which person or company had ordered for the fence to be built.

Mr MaAnn said the decision followed a joint investigation by officers from the Damrongdharma Center (Ombudsman’s office), the Phuket branch of the Internal Security Operations Command (ISOC), Phuket Marine Office, Phuket office of the Department of Treasury, and officers from the Phuket office of the Department of Lands.

He also explained that the incident was brought to the fore by escalating comments and posts on social media over the four-day long holiday last weekend.

“This kind of case happened once two years ago. I ordered officers to tell the fence owner to remove the fence, and the owner followed the order,” Mr MaAnn said.

“But later, local people also tried to take advantage of the land by setting up stalls and beach bed services on the land,” he added.

Mr MaAnn explained that the area where the fence was built was confirmed to be state land registered under land registration document PhorKor No. 263, which covers areas in Moo 2, 3 and 5 of Cherng Talay.

“The land [in question] is part of that state land and is under the care of the Treasury Department and the Marine Department,” he said.

However, he noted, “The beach [area where the fence was built] is part of a state land parcel and is not ‘public beach’ like at Surin beach or Layan beach, even though it looks the same.

“Before this, the area was covered by plants and, as time passed, it became a beach,”  he added.


“In terms of law, the area is not a public beach, but local people have assumed that it is,” he said.

“During the investigation, I asked the officers from the Treasury Department whether it was  possible to change the status of the land to be the same as public beach areas [as at Surin beach and Layan Beach], and they answered that the land’s status cannot be changed,” Mr MaAnn noted.

“I further asked how about reducing the size of the state land parcel to cover only the area where plants grow and to allow the actual beach there to be deemed a public area, under the control of the OrBorTor and Thalang District Office. That would allow us to prosecute those who will encroach on the beach,” he added.

Asked whether the land where the fence was built was being rented out by the government to a private party, Mr MaAnn said “I don’t know if that land is being rented out.”

“For people to rent government land long term, that is for the Treasury Department to determine whether they can or not,” he added.

Mr MaAnn said the workers at the site had two days to clear the remains of the fence that are still standing.

“For the equipment and sections of the fence that remain in the area, I will give their owner two days to clear it out,” he said.

He also repeated his stance on the attempt to build the fence and claim state land.

“I, too, was also shocked that a fence had been built on the beach again,” he said.

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MartinK | 02 August 2020 - 01:48:03

“In terms of law, the area is not a public beach, but local people have assumed that it is,” he said.

Hmm. That seems a bit of a change in outlook. What happened to "beach is public" period.?

falang | 01 August 2020 - 19:48:33

Such a mystery! No one knows who erected the fence...

CaptainJack69 | 01 August 2020 - 12:53:06

Suddenly some beaches aren't public? If so this represents a major change in the law that everyone should immediately be made aware of. Or maybe it's just the kind of murky convolution in Thai land ownership law that leads to investigations having to be carried out by 5 different agencies at the same time?

Kurt | 01 August 2020 - 11:35:12

Mr MaAnn declined, don't know particulars about the land. There is no transparency/answering  from OrBor Tor's to population. They feel untouchable because already 6 years they rule and do what they want.  Don't  answer as there were 6 years no elections, and not even one sett for near future.

Capricornball | 01 August 2020 - 10:37:19

Of course there are no charges...not when you have the main man on the payroll.  Amazing that Mr. Samran never has any idea what goes on anywhere in his district, especially when it comes to illegal business and development on the beach.  It seems like the root of the problems throughout the Cherng Thalay OrBorTor's purview rests right in the main office.  Beyond time for a change!

BigA | 01 August 2020 - 09:39:41

do the public by law ,has the right to knew who but the fence there ore do we but a cash prize up to find out? if so ,how much??


Nasa12 | 31 July 2020 - 20:46:31

Well well Mr MaAnn, think this it’s a good friend of you. 


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