Phuket's Nui Beach Faces Never-Ending Battle Against Illegal Structures

Authorities on Monday returned to Nui Beach in Phuket, a popular tourist destination, to demolish 50 illegal structures built by encroachers, marking the second demolition attempt since the Supreme Court in 2014 ordered the revocation of land documents covering plots within the Khao Nak Kerd National Reserved Forest. The court ruled that any plots lacking valid title documents would be treated as forest land. However, the Nor Sor 3 land documents covering the area were later found to have changed hands, complicating the issue. In 2015, authorities discovered that Phuket Swing Co and Water Beach Phuket Co were operating restaurants at Nui Beach. These companies were later linked to the "zero-dollar" tour business, where Chinese-owned operators brought Chinese tourists to Chinese-owned businesses, leaving little revenue for local operators. In 2018, authorities launched an operation to seize restaurants and hotels on the site. The landowner, described as an influential figure, was prosecuted and sentenced by the Phuket Provincial Court in 2024 to four years in prison, a ruling he has appealed to the Supreme Court. In a separate case, the landowner was found in 2019 to have committed another act of encroachment, ordered by the Phuket Provincial Court to pay 600,000 baht in compensation to the Royal Forest Department and sentenced to two years in prison, which was also appealed. Despite these legal disputes, the Royal Forest Department began demolishing 19 structures in 2020 under Section 25 of the National Reserved Forest Act. However, the operation was halted after the landowner petitioned the Administrative Court to suspend it. In 2024, forest officials found that the encroacher had rebuilt the demolished structures and added new ones, bringing the total number of illegal buildings to 50. Natural Resources and Environment Minister Suchart Chomklin, who visited Nui Beach in May, stated that the landscape had been extensively altered to cater to tourists and pledged to restore the beach as a public area. On Monday, he urged officials to carry out their duties without fear, emphasizing their actions were fully backed by the law. He announced his ministry would collaborate with the Interior Ministry under the "Phuket Model" to address illegal land occupation, an initiative already leading to legal action in about 300 forest encroachment cases. "We are not sure if our duties can be completed within the government's four-year term," he said. "One bureaucrat may have to spend an entire career fighting encroachers." Critics argue that forest officials are often reluctant to act before court proceedings conclude due to the risk of legal retaliation, allowing encroachers to profit from illegally occupied land while cases remain pending. "From now on, we will x-ray the island for forest encroachment," Mr. Suchart said. "If any officials are unhappy with this, I can transfer them elsewhere." He also indicated that the Anti-Money Laundering Office would be asked to investigate possible money laundering linked to the land, estimated to be worth nearly 2 billion baht. For years, the encroacher has charged tourists a 600-baht entrance fee to access Nui Beach. Royal Forest Department chief Nikorn Sirarotchananon said the reclaimed area would be converted into a recreational forest, with work expected to be completed next month. Over 300 rai will be opened to the public free of charge. The department also plans to seek the return of some land from the Agricultural Land Reform Office after finding it had been improperly designated for farming on the mountaintop. The Khao Nak Kerd National Reserved Forest covers over 30,000 rai, with more than 10,000 rai transferred to the Agricultural Land Reform Office. Information source: Bangkok Post