The resorts, which sit within the boundaries of the Koh Samet-Khao Laem
Ya Marine National Park, were supposed to have
been demolished but are instead operating under new management.
Forty-three similar cases are pending in the courts.
Some of the operators are eagerly expecting the approval of a proposal
by the RFD which would allow them, and illegal
resorts on other national park islands, to continue operating under
contract to the department. Other people, including some
of the islanders, are against the proposal.
RFD Director General Sathit Sawintara claims his department cannot evict
the encroachers and demolish their resorts, even
though it has the legal right.
''It's true that we have the authority to demolish the resorts, but
we
will not do it without an order from the courts," he said.
''I think we should take a more polite approach. What would tourists
[to
the island] think if we use violence against the resort
operators?"
The 46 resort operators were arrested in 1990 on charges of encroachment
by a police anti-logging task force headed by
then-Pol Maj Gen Pratin Santiprapop.
Park superintendent Jaronk Reunsoong said he could not move against
the
resorts because the judicial process had not
been completed and the buildings were considered material evidence.
He said the cases were taking a long time because it was difficult to
prove whether the operators arrived before or after his
department declared Koh Samet part of the marine national park.
However, if the RFD proposal was approved, the resort owners would
confess that they had encroached on the park and
the court would rule that they were at fault.
The operators would then transfer their facilities to his department
and
sign a lease to continue running the operations.
''This proposal would enable the cases to be brought to a conclusion
within one week and the department could then control
the resorts," he said.
Villagers said Agriculture Minister Chucheep Harnsawat, who will make
the final decision on the proposal, visited the island
about four months ago.
Seranee Wipatawanna, who operates Ao Pai Huts, one of the three resorts
ruled to have encroached on the park, said he
could not tear down the facilities because he was only the manager.
A
separate case against the owner was still before the
court.
Seranee said he wanted an early verdict so he could clear up his
position.
''It seems that I and my friends [the other resort operators] are
standing on a thread," he said. ''Before the court judges us,
the RFD should pass the regulation so that we can continue our
business."
Sangket Rattanapanya has been renting out the restaurant at Haad Sai
Kaew's Sinsamut Resort, which was also found to
have encroached.
He said he did not dare open the resort as a whole until the position
was clarified, hopefully by approval of the RFD
proposal.
Seranee said the RFD's lease proposal seemed to be the best way out
because it would allow him to operate within the law,
although he had yet to learn the terms. ''The head of the RFD's Marine
National Parks Division promised me that we would
benefit from the regulation.
However, we want to know all of the conditions of the contract before
it
is forced on us," he said.
RFD officials had first informed him of the lease proposal at least
three years ago, he said.
Another business operator, Toop Chareunpol, 73, said he and his family
were true Koh Samet residents and had lived on
the island since before it was declared a national park.
He opposed the RFD proposal, arguing it was not fair to expect him to
transfer ownership of facilities he built himself to the
department and then rent them back.
''I operate my business on my home land, so what have I done wrong?"
he
said. ''I think the encroachers should be evicted
and the RFD should demolish all of their buildings, but not mine."
Toop owns 45 rai on Koh Samet and said he had never paid any money to
the RFD and would continue to pay the
department nothing.
Koh Samet has an area of more than 3,000 rai. About 300 rai are occupied
by resorts.
The RFD does not receive any benefits from them. Its only income is
from
the entrance fee paid by tourists: Thais pay Bt10
for adults and Bt5 for children and foreigners Bt50 for adults and
Bt25
per child.
The RFD has submitted its proposal to allow illegal resorts to continue
operating on islands within national parks to the
National Parks Committee, which has passed it on to the minister for
a
decision.
Koh Samet is slated to become a pilot project for the new regulation.