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Constitutional Court Reinforces Broad Environmental Liability for Property Owners and Possessors (Thailand)
Shunsuke Minowa, Ponpun Krataykhwan (Co-author)
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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.
Thailand is advancing the EEC Capital City (EECiti), a flagship smart city project within the Eastern Economic Corridor (“EEC”) designed to serve as a regional business and innovation hub. The project forms part of Thailand’s long-term strategy to strengthen the EEC as a regional investment destination, covering approximately 14,619 rai of land in Chonburi Province. The project is being developed through a public-private partnership (“PPP”) model with a 50-year concession term and offers both tax and non-tax incentives to investors.
The EECiti site is located within Huay Yai, Bang Lamung District, Chonburi Province, connected to major transportation infrastructure and the planned high-speed rail network linking U-Tapao Airport, Pattaya, and Bangkok. EECiti is envisioned as a mixed-use business city that will support high-value industries, attract international investment, and alleviate urban congestion in existing economic centers. With the feasibility study nearing completion and a formal PPP procurement process expected to launch by April 2027, the project presents significant opportunities for clients across the energy, infrastructure, technology, healthcare, and real estate sectors.
According to the Eastern Economic Corridor Office (“EECO”), EECiti will be developed on approximately 14,619 rai of land (approx. 23,390,400 square meters), with the first development phase covering approximately 5,795 rai (approx. 9,272,000 square meters). The total investment value is estimated at approximately THB 1.34 trillion, with the private sector expected to account for approximately 87.5% of total investment, the PPP component for approximately 9.7%, and the public sector for approximately 2.8%. The project is planned to accommodate approximately 350,000 residents and create approximately 200,000 jobs. Development is planned through 2037, with a vision of creating a sustainable, low-carbon, technology-enabled city powered by 100% clean energy and designed around smart urban infrastructure.
The draft zoning plan divides EECiti into six major business clusters designed to attract domestic and international investors:
| 1. Regional Headquarters and Future Finance Hub | This central business district (CBD) zone is intended to accommodate regional headquarters, international business centers, major financial institutions, and fintech businesses. The zone is expected to become the commercial core of EECiti and may present opportunities for financial institutions, professional service providers, and multinational corporations seeking a regional base in Thailand. |
|---|---|
| 2. Precision Medicine and Healthcare Hub | The healthcare cluster is expected to focus on health technology, advanced healthcare services, and medical research and development. |
| 3. Education and R&D Hub | The education zone is intended to host major educational institutions, research centers, startup ecosystems, and facilities supporting future industries, including food technology and innovation-related research. |
| 4. Tourism and Entertainment Hub | This zone is expected to include tourism, leisure, sports, and creative economy activities, including a planned international sports park and entertainment-related developments. |
| 5. BCG (Bio-Circular-Green Economy) Cluster | The BCG zone is planned to support clean energy, hydrogen utilization, recycling technologies, waste-to-energy projects, and other sustainability-focused industries. |
| 6. Residential and Mixed-Use Development | A substantial portion of the project area will be dedicated to residential, commercial, and mixed-use developments to support the growth in population and economic activity within EECiti. |
Investors located in the EECiti area would be eligible for both tax and non-tax incentives, including Corporate Income Tax (CIT) exemption and the right to own land for business operations.
A key feature of the EECiti project is the development of its core infrastructure and utility systems through a PPP model. The EECO has proposed that the project be developed through a single-package PPP structure with a 50-year concession term. The table below outlines the proposed infrastructure categories, their scope, the proposed PPP model, and reported interested participants.
The potential revenue model for the PPP concessionaire may include (i) Utility Service Fees payable directly by investors and developers to the PPP concessionaire for utility services provided; and/or (ii) Common Utility Fees collected by the EECO and subsequently remitted to the PPP concessionaire.
| Category | Key Scope | Proposed PPP Model | Reported Interested Participants* |
|---|---|---|---|
| 1. Energy and Electricity |
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BOT |
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| 2. Water Supply System |
|
BOT |
|
| 3. Wastewater Collection, Treatment and Reclaimed Water Production System |
|
BOT | |
| 4. Water Management, Drainage, and Flood Protection System | N/A | BOT/BTO | |
| 5. Waste Management System |
|
BOT | |
| 6. Transportation and Mobility System |
|
BTO |
|
| 7. Digital Infrastructure and Telecommunications System |
|
BOT |
|
| 8. Fire Protection, Disaster Warning, and Lightning Protection Systems | N/A | BOT | – |
| 9. Common Utility Tunnel System (Utility Corridor) |
|
BOT/BTO | – |
| 10. Green Spaces and Common Landscape Works | N/A | BTO for green spaces |
|
*Note: Participation in the consultation process does not indicate that any particular company will ultimately bid for or be awarded the project. However, the wide range of participants highlights the significant interest from infrastructure, utility, technology, and real estate investors in the forthcoming PPP opportunities.
Although detailed bid qualifications and evaluation criteria have not yet been publicly released, the EECO has confirmed that financial and investment feasibility studies are currently underway in preparation for the formal PPP procurement process.
Based on the current project roadmap, the project is currently in the Advanced Feasibility Study stage. Key preparatory work has already been completed, including the development of the master plan, preliminary engineering designs, a financial model, and a preliminary PPP risk-allocation framework. The table below sets out the key milestones and their target timelines:
| Milestone | Target Timeline |
|---|---|
| Feasibility Study | 2025 |
| Project Approval (Project List) | June 2026 |
| Preparation and Issuance of RFP | April 2027 |
| Execution of Joint Venture Agreement (JVA) | March 2028 |
| Commencement of Construction and Infrastructure Development | After JVA execution |
| Planned Commencement of Utility Services | From 2030 onwards |
For more details about EECiti, or any aspect relating to EEC projects in Thailand, please contact Supasit Boonsanong at supasit.b@nagashima.com, Charuwan Charoonchitsathian at charuwan.c@nagashima.com, or Napassorn Lertussavavivat at napassorn.l@nagashima.com.
This newsletter is given as general information for reference purposes only and therefore does not constitute our firm’s legal advice. Any opinion stated in this newsletter is a personal view of the author(s) and not our firm’s official view. Given the nature of this newsletter as general information, statutory provisions and source citations may have been intentionally omitted. For any specific matter or legal issue, please do not rely on this newsletter but make sure to consult a legal adviser. We would be delighted to answer your questions, if any.
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