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46044-003: Fuluasou Small Hydropower Plant

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46044-003: Fuluasou Small Hydropower Plant Resettlement Plan August 2015 SAM: Renewable Energy Development and Power Sector Rehabilitation Project (Additional Financing) Prepared by MWH New Zealand Limited on behalf of the Electric Power Corporation for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 26 September 2014) Currency unit – Samoan Tala (WST) WST1.00 = $0.41 US$1.00 = WST2.426 ABBREVIATIONS ADB – Asian Development Bank APs – Affected persons DPs – Displaced Persons EA – Executing Agency EPC – Electric Power Corporation GoS – Government of Samoa IA – Implementing Agency IOL – Inventory of losses IR – involuntary resettlement MNRE – Ministry of Natural Resources and Environment MOF – Ministry of Finance NGO – non-governmental organization RP – resettlement plan RRP – Report and Recommendation of the President SHP – small hydropower plant TA – technical assistance WEIGHTS AND MEASURES kWh — kilowatt hour GWh — Gigawatt hour MW — Megawatt hour M² — Square meter NOTE In this report, "$" refers to US dollars. This resettlement plan is a document of the recipient. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. 2 TABLE OF CONTENTS A. Executive Summary ...................................................................................................................... 4 B. Background of the Project............................................................................................................ 5 C. Location and Description of Fuluasou SHP .............................................................................. 6 D. Scope of Land Acquisition and Resettlement ........................................................................... 7 E. Socio Economic Information of the Affected Areas ............................................................... 10 F. Consultations, Participation and Disclosure ............................................................................ 13 G. Consultation and Negotiation on Compensation Package ................................................... 20 H. Grievance Redress Mechanism ............................................................................................... 21 I. Legal Framework ......................................................................................................................... 22 J. Eligibility Criteria and Entitlement for Affected Persons........................................................ 36 K. Resettlement Budget and Financing Plan ............................................................................... 40 L. Institutional Arrangement ........................................................................................................... 40 M. Implementation Schedule .......................................................................................................... 42 N. Monitoring and Reporting ........................................................................................................... 43 Appendix 1 Socio-economic Household Survey Form Appendix 2 Consultation with Affected Parties and Documents Viewed Appendix 3 Project information Booklet (English and Samoan) Appendix 4 Due Diligence/Social Compliance Audit Report on Existing Facilities at Fuluasou SHP Table 1 List of SHPs Table 2 Fuluasou SHP Components, Land Status and Land Area Table 3 Population of Apia Table 4 Community Consultation and Participation for the RP Update and Implementation Table 5 Comparison of the ADB Safeguards Policy Statement requirements and Samoa’s Law Table 6 Entitlement Matrix Table 7 Estimate of Resettlement Costs Table 8 Schedule for RP Updating and Implementation Figure 1 Map of the project area Figure 2 Fuluasou SHP Figure 3 Route of the penstock through the Craig property and the golf course Figure 4 Urban Intensification Figure 5 A survey of the existing and proposed penstock route 3 A. Executive Summary 1. The Renewable Energy Development and Power Sector Rehabilitation Project in Samoa under Grant 0370/0371/0373-SAM was approved by the Asian Development Bank (ADB) Board of Directors on 15 November 2013 and became effective on May 2014. One additional small hydropower plant (SHP) site is included to be co-financed by the European Union (EU) and the Government of New Zealand (NZ). A mission from the ADB for this project visited Apia, Samoa on 21-29 July 2014 to conduct an inception mission and discuss the implementation of the project and the additional co-financing. A fact finding mission was undertaken on 15-19 September 2014. 2. The objective of the project is to assist the government’s efforts to reduce the country’s heavy reliance on imported fossil fuels for power generation. The impact of the project will be increased energy security and reduced cost of electricity to customers. The outcome will be that customers have access to a higher share of electricity generated by hydropower. The outputs under the additional financing project include one SHP (in addition to the six SHPs under the current project). 3. This draft Resettlement Plan (RP) is thus prepared for the redevelopment of the Fuluasou SHP only under the proposed additional financing. The RP for the other six SHPs under the current project (Samasoni, Fale ole Fee, Alaoa, Faleseela, Tafitoala and Faleata) has already been approved. The Fuluasou SHP is located 5km south-west of the capital city, Apia, within the peri-urban fringe of the town. The proposed project will involve part rehabilitation and part new construction of the existing SHP and will be undertaken within the existing land. It will not require land acquisition. Households that are encroaching on the penstock have been identified in the RP and details of specific impacts and compensation will be finalized in updating the RP. 4. Consultation for the Fuluasou SHP plant was undertaken with the households and relevant agencies that maybe affected by construction. A number of households are currently encroaching on the existing penstock route and on the legal easement and discussions have been held to introduce measures to accommodate existing structures. The golf course affected by the penstock has indicated a preference to follow the route of the old penstock to reduce the damage and disruption to the golf course. Further consultations will be conducted with affected people and agencies during implementation of the project and in updating the RP. The current Entitlement Matrix of the project is included in the RP. 5. This draft RP is prepared based on the best available information in anticipation of any possible land acquisition. The draft RP will then be updated and finalized during detailed design and before civil works commences. EPC will follow measures in the draft RP to update the RP. The comparison and assessment of resettlement policies and land acquisition of the Government of Samoa (GoS) and ADB is present in the RP and strategies are in place for bridging any gaps. 6. An estimated budget for compensation of land and safeguard capacity is included in the RP. The Ministry of Finance is the Executing Agency for the project and the EPC is the implementing agency. The EPC will have overall responsibility for updating and implementing the RP with assistance from MNRE. Entitlement and compensation will be paid directly from the EPC based on the RP and the PMU will be assisted by a team of safeguard consultants funded by ADB. 4 B. Background of the Project 7. The Renewable Energy Development and Power Sector Rehabilitation Project in Samoa under Grant 0370/0371/0373-SAM was approved by the Asian Development Bank (ADB) Board of Directors on 15 November 2013 and became effective on May 2014. An additional small hydropower plant (SHP) site was included to be co-financed by the European Union (EU) and the Government of New Zealand (NZ). A mission from the ADB for this project visited Apia, Samoa on 21-29 July 2014 to conduct an inception mission and discuss implementation of the project and the additional co-financing. A fact finding mission was held on 13-17 September 2014. 8. The Mission discussed with the Government of Samoa (GoS), EU, and NZ and agreed on the preliminary project scope and financing plan for additional co-financing. The additional site in Fuluasou, was proposed based on (i) the largest capacity addition and energy generated and supplied to the Electric Power Corporation (EPC) grid, (ii) the best match with the available co-financing amount, (iii) the technical and financial feasibilities, (iv) the simplicity of land and environment issues, and (v) the readiness for ADB project processing. The total base cost of the additional SHP is estimated at US$7.43 million to be co-financed by the EU and NZ. 9. The objective of the project is to assist the government’s efforts to reduce the country’s heavy reliance on imported fossil fuels for power generation. The impact of the project will be increased energy security. The outcome will be that customers have access to a higher share of electricity generated by hydropower. The outputs under the additional financing project include one SHP (in addition to six SHPs under the current project). 10. This draft Resettlement Plan (RP) is prepared for the Fuluasou SHP under
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