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Draft Resettlement Plan Papua New Guinea: Power Sector Development

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Draft Resettlement Plan Papua New Guinea: Power Sector Development Draft Resettlement Plan March 2021 Papua New Guinea: Power Sector Development Project Distribution Lines Subproject Prepared by PNG Power Ltd for Asian Development Bank. This Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. 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. ABBREVIATIONS ADB - Asian Development Bank AP - Affected Person/s AH - Affected household ASI - Assessment of social impact C&PP - Consultation and Participation Program CEPA - Conservation and Environment Protection Authority CLO - Customary Land Officer DLO - District Land Officer DLPP - Department of Lands and Physical Planning DMS - Detailed Measurement Survey DOW - Department of Works DPE - Department of Petroleum and Energy DSC - Design and Supervision Consultant EA - Executing Agency EIA - Environmental Impact Assessment ENB - East New Britain Province GAP - gender Action Plan GoPNG - Government of Papua New Guinea GRC - grievance redress committee GRM - grievance Redress Mechanism ha - hectare IA - Implementing Agency ILG - Incorporated Land Group IOL - Inventory of Loss IP - Indigenous People IR - Involuntary Resettlement LAR - Land Acquisition and Resettlement LLG - Local Level Government LIR - Land investigation report MOA - memorandum of agreement NCD - National capital district NCDC - National Capital District Commission NDGEP - PNG National Distribution Grid Expansion Plan 2016 NOL - no objection letter OPA - Office of the Provincial Administrator PLO - provincial Lands Officer PMU - project management unit (within PPL) PNG - Papua New Guinea POM - Port Moresby PPL - PNG Power Ltd PSDP - Power Sector Development Project RF - Resettlement Framework RP - Resettlement Plan SES - Socioeconomic Survey SMEC - SMEC International Pty Ltd SPS - Safeguard Policy Statement (June 2009) TA - technical assistance VGO - Valuer General’s Office CURRENCY EQUIVALENTS (as of 10 March 2021) K1.00 = US $0.28 US $1.00 = K3.51 ELECTRICAL TERMINOLOGY DC TML - Double Circuit Transmission Line Distribution System - 33 kV, 22 kV, 11 kV and 400 V lines GWh (Gigawatt-hour) - 1,000 MWh kV (kilovolt) - 1,000 volts kW (kilowatt) - 1,000 watts kVA (kilovolt-ampere) - 1,000 VA kWh (kilowatt-hour) - 1,000 Wh MVA (Megavolt-ampere) - 1,000 kVA MWh (Megawatt-hour) - 1,000 kWh MW (Megawatt) - 1,000 kW SC TML - Single Circuit Transmission Line SS - Substation SWYD - Switching Yard TML - Transmission line Transmission System - 132 kV and 66 kV lines TWh (Terawatt-hour) - 1,000 GWh V (Volt) - Unit of voltage VA (Volt-ampere) - Unit of apparent power VAr (volt-ampere reactive) - Unit of reactive power W (Watt) - Unit of active power Wh (watt-hour) - Unit of Energy GLOSSARY Affected Person Any person, households, firms, or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement. Associated structures Associated structures are structures that are not the main residential or business structure, such as unattached toilet blocks, unattached bathrooms, fences, gates, water tanks, storage sheds, etc. They are also not productive assets (i.e., needed for the affected households’ source of income). If the project impacts an associated structure, there is no permanent relocation or permanent disruption to income, otherwise it is considered to be a main structure. Community facilities Community facilities are churches, community halls, graves, etc. Compensation Payment made in cash to the project-affected households for the assets to be acquired or affected for the project at replacement cost at current market value. Country Safeguard Systems This is the legal and institutional framework of Papua New Guinea, and it consists of its national, subnational, or sectoral implementing institutions and relevant laws, regulations, rules and procedures that pertain to the policy areas of social safeguards. Cut-off Date The date after which people will NOT be considered eligible for compensation, i.e., they are not included in the list of affected households/DPs as defined by the census. Normally, the cut-off date is the date of the detailed measurement survey. However, this Date can be established from the date of conducting consultation and information sharing. Displaced persons In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Economic displacement Loss of land, assets, access to assets, income sources, or means of livelihood as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Encroachers The term encroacher is also used to denote illegal extension into public property by a person who is a legal titleholder of his property. The person is an encroacher on the portion of the property occupied to which the person does not hold legal title. Entitlement The range of measures, comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation due to business restoration that are due to affected households, depending on the type and degree of their losses, to restore their social and economic base. Expropriation Process whereby a public authority, usually in return for compensation, requires a person, household, or community to relinquish rights to land that it occupies or otherwise use. Household A household includes all persons living and eating together (sharing the same kitchen and cooking food together as a single-family unit). Income Restoration Re-establishing productive livelihood of the affected households to enable income generation equal to, or, if possible, better than that earned by the displaced persons before the resettlement. Indigenous Peoples Unless they are already recognized, the indigenous peoples are identified in particular geographic areas based on these four characteristics: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats for ancestral territories in the project are and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) an indigenous language, often different from the official language of the country or region. Informal dwellers or squatters Informal dwellers or squatters are those that are landless or without title to land and occupy public land for shelter and/or for carrying out their livelihoods. Inventory of Losses The pre-appraisal inventory of assets as a preliminary record of affected or lost assets. Also referred to as the detailed measurement survey. Involuntary Resettlement Involuntary resettlement is any situation where the Government takes land, or restricts access to land, that people live or work on, or use for their livelihoods, and where the people who will be displaced do not have the right to refuse. Involuntary Land Acquisition The process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses to the ownership and possession of that agency, for public purposes, in return for fair compensation. Meaningful Consultation A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected households; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected households and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. Non-titled Those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e., those people without legal lease/title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such
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