SMR: People's Republic of China: Wuhan Wastewater and Stormwater

Home , East Lake (Wuhan), Wuchang District

Resettlement Planning Document

Addendum to the Resettlement Plan Document Stage: Final Project Number: 37597 November 2011

Due Diligence Report for House Demolition under Luojiagang and Shahugang Works During Flood Season

Under

PRC: Wuhan Wastewater and Stormwater Management Project

Prepared by Wuhan Project Management Office

Hubei Province, PRC

The 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. Loan 2240-PRC: Wuhan Wastewater and Stormwater Management Project Due Diligence Report for House Demolition under Luojiagang and Shahugang Works During Flood Season

1. Background Luojiagang and Shahugang works are important components of Luojialu Drainage Works under ADB loan Wuhan Wastewater and Stormwater Management Project, which is a comprehensive solution in the region for the discharging of stormwater, effluent from WWTP and for the flood storage of East Lake. The service area of Luojiagng, Shahugang and Luojialu Pumping Station Expansion Works is 22.57 km2. The capacity of the pumping station will be 55m3/s, and the total length of the channel will be 8.3 km. After the completion of the works, it will greatly improve the efficiency of the drainage system, alleviate waterlogging problems, improve the production and living condition and reduce economic losses in Luojiagang area. The procurement was started in September 2009 and some of the contract packages have been under construction.

2. Resettlement Plan and the Impact • In accordance with ADB’s Involuntary Resettlement Policy, Wuhan University was entrusted to conduct the preparing of Resettlement Plan of stormwater subproject under Wuhan Wastewater and Stormwater Management Project in 2005 during project preparatory stage. In April 2005, Wuhan University conducted social-economic survey about the land and houses of affected people in Luojiagang and Shahugang area. The survey was completed on 4 May 2005. The survey team, including members from district Resettlement Office, IA and Design Institute, investigated the income level, residential area and resettlement demands of each affected households within the construction red line. Meanwhile, the survey team informed all affected households the project construction scope and proposed schedule and announced that all structures constructed after the survey period will not be eligible for compensation. So the cut-off date should be 4 May 2005 the completion date of social economic survey. In October 2005, Resettlement Publicity Manual was distributed to the affected people. In February 2006, the RP of stormwater subproject was completed. In April 2006, WPMO announces the RP on ADB official website in accordance with ADB’s requirement.

Resettlement Publicity Manual

3. Resettlement Implementation and Changes According to the social-economic survey in 2005 by Wuhan University, there were 297 households to be affected, 208.1 mu land acquisition and 54640 m2 area to be demolished. During the preparation period for the construction commencement of Luojiagang and Shahugang works in April 2009, WPMO, Jianxing company and the DI conducted a survey, finding that there were unregistered houses along the channel within the construction sites. In the same month, we sent a letter to relevant district government for the demolishing of the building houses. At the same time, we held a telephone report to Wuhan Urban Management Bureau about the unregistered building houses. In 2009, WPMO signed the commission contracts respectively with the land acquisition and demolition units of each district where the project located. WPMO also organized the municipal Survey and Design Institute, Jianxing company, district land acquisition and demolition units and Surveying and Mapping Center of Lands Department to conduct survey for houses demolition. According to the demarcation and survey, the land acquisition area was 280.23 mu and house demolition area was 140175.7 m2, 85535.7 m2 more than that in original survey, accounting for 156.5%. Because of the significant changes of the land acquisition and house demolition, the progress of the resettlement for Luojiagang and Shahugang works are greatly delayed. 4. Basic condition of the house demolition during the flood control season

In late June 2011, there was torrential rain in Wuhan. The water level of East Lake continued to rise, which seriously threatened the lives and property of surrounding people. So Wuhan Municipal Flood Control Headquarter required to clear any water-blocking buildings and structures along Luojiagang, Shahugang and Xingouqu channels. From June 25 2011 to July 15 2011, 52 buildings, which seriously affected flood control within Luojiagang and Shahugang project sites were demolished with an area of 40358.01 m2, including 23 buildings in Luojiagang project sites of 16362.2 m2 and 29 buildings in Shahugang project sites of 23995.81 m2.

4.1 Building Demolished

During flood season in 2011, the buildings and structures violating Flood Control of The People’s Republic of China or City and Country Planning Law of the People’s Republic of China were demolished. All these buildings were constructed during 2008 to 2009 threatening the public safety. The buildings were just simple sheds without doors or windows around the houses. These buildings were uninhabited and affected the transportation of flood control vehicles .

4.2 Category

4.2.1 Classified by the district located

The area of buildings demolished in Luojiagang project site was 16362.2 m2, including 14765.2 m2 of Teiji Village and 1597 m2 of Heping Village. The area of buildings demolished in Shahugang project site was 23995.81 m2, including 18928.51 m2 of Dongting Village and 5067.3 m2 of Donghu Village.

District location and the area of the buildings 5

Works District Village Number Area（m2)

Tieji 13 14765.2 Luojiagang Hongshan Heping 10 1597 East Lake Dongting 21 18928.51 Shahugang Scenic Donghu 8 5067.3 Total 52 40358.01

4.2.2 Classified by Contract Packages

These buildings were mostly located in the construction sites of Luojiagang open channel reconstruction (II) (SW/C6.2) and Shahugang open channel reconstruction (I) (SW/C6.3). Due to the resettlement delay, the implementation progress of Shahugang open channel reconstruction (I) (SW/C6.3) has been delayed for about 2 years.

Contract packages and the area

Works Contract Number Area（m2)

SW/C6.2 13 14765.2 Luojiagang SW/C6.7 10 1597 SW/C6.3 20 16928.51 Shahugang SW/C6.4 9 7067.3 Total 52 40358.01

4.2.3 Classified by Building Structure

Most of the buildings demolished during the flood season were simple structure houses, without doors or windows and were uninhabited. Of the 40358.01 m2 demolished houses, the area of simple structured houses were 26024.51 m2, accounting for 64.4% of the total area.

Houses structure Unit: m2 Brick Brick Works Simple Shed Total -concrete wood Luojiagang 7413 1501 7096 352.2 16362.2 Shahugang 0 5067.3 18382.01 546.5 23995.81 Total 7413 6568.3 25478.01 898.7 40358.01

4.2.4 Classified by uninhabited

According to the on-site survey, the houses demolished were all uninhabited which were constructed during 2008 to 2009. And the houses had no doors or windows which can not be lived in.

Habitancy of the demolished houses Unit: m2 Works Inhabited Uninhabited Luojiagang 0 16362.2 Shahugang 0 23995.81 Total 0 40358.01

5. Related Policy

5.1 ADB’s Handbook on Resettlement

5.2 WB’s safeguard policy and involuntary resettlement policy (OP 4.12)

5.3 National and Local Related Laws, Regulation

5.3.1 Flood Control Law of the People's Republic of China (Order No. 88 of the President of the People's Republic of China)

Implementation on 1 January 1998

5.3.2 Urban and Rural Planning Law of the People’s Republic of China (Order No. 74 of the President of the People's Republic of China)

Implementation on 1 January2002

5.3.3 Water Law of the People's Republic of China (Order No. 74 of the President of the People's Republic of China)

Implementation on 1 October 2002

5.3.4 Wuhan Municipal Comments for Problem Left Over by History Related to Demolishing and Compensation on Owned Land (Trail)

Implementation on September 2004

5.4 Related Provision

5.4.1 ADB’s Handbook of Resettlement- the feasible operation guideline

The ending date to indentify the eligibly person should be agreed by ADB and the Borrower. ABD policy describe that should identify the affected person during the initial period, whether they were eligibility. Generally, it would be implemented with the population census and poll, during the PPTA. 5.4.2 World Bank’s Policy of Involuntary Resettlement (OP4.12) the WB policy requires to classify 2 kinds of people: those who have lived in the project area doubtlessly before the project, the other kind of people who settled in the

7 project area after the project was announced. Some of them settled after the identified ending date, their aims were getting the qualification of project assistance, so they couldn’t get any benefit for the assistance. OP4.12 sets: “After the ending date, those who occupied the project area were no eligibility to get any compensation and any other form of assistance from resettlement”. 5.4.3 Flood Control of the People's Republic of China Article 22 The use of land and shore lines within the scope of control for any river course or lake should conform to the requirements for flood discharge and water flow. Within the scope of control for any river course or lake it is prohibited to construct buildings or structures impeding flood discharge, dump garbage and waste residues or engage in activities affecting the stability of river flows, harming the safety of banks and embankments or other activities impeding flood discharge in river courses. Article 42 Obstacles in river courses or lakes which impede flood passage shall, according to the principle of whoever places the obstacles will remove them, be removed within a time limit by order of the flood control headquarters. If obstacles have not yet been removed within the time limit, the flood control headquarters shall organize a forcible removal at the expense of the person who placed the obstacles. Article 56 Any violator of the provisions of the second and third paragraphs of Article 22 of this Law who commits one of the following acts shall be ordered to stop the illegal act, remove the obstacles or take other remedies and may be concurrently fined not more than RMB 50,000 yuan. (1) Constructing buildings or structures impeding flood discharge within the scope of control for river courses and lakes; (2) Dumping garbage and waste residues or engaging in activities affecting the stability of river flows, harming the safety of banks and embankments or other activities impeding flood discharge in river courses within the scope of control for river courses and lakes; or (3) Planting trees or long-stalk crops impeding flood discharge in river courses used for flood discharge. 5.4.4 Water Law of the People's Republic of China Article 37 No one may throw away or pile up objects or plant forest trees or high stalk crops in rivers, lakes, reservoirs, canals or channels, which block the passage of flood water. No one may, in areas under river course control, put up buildings or structures that block the passage of flood water, or engage in activities that adversely

8 affect the stability of the river condition or endanger the safety of the river embankment or other activities that block the passage of flood water through the river course. Article 38 In an area under river course control, construction of a bridge, wharf or other building or structure that blocks, spans or borders on a river, or laying of pipes or cables across a river, shall meet the flood control standard and other relevant technical requirements specified by the State, and the plans made for construction of the project shall, in accordance with the relevant provisions in the Flood Control Law, be submitted to administrative department for water resources for examination and approval. Article 65 Where a unit or individual, in areas under river course control, puts up buildings or structures that block the passage of flood water, or engages in activities that adversely affect the stability of the river condition or safety of the river embankment or other activities that block the passage of flood water through the river course, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of their powers, instruct it/him to desist from the violation, dismantle the unlawful buildings or structures within a time limit and restore the original state. If the unit or individual fails to dismantle the buildings or structures and restore the original state at the expiration of the time limit, such dismantling shall be enforced, and the unit or individual in question shall bear the expenses incurred and shall, in addition, be fined not less than RMB 10,000 yuan but not more than 100,000 yuan. Where a unit or individual, without permission by the administrative departments for water resources or the river basin authority, constructs other building or structure that blocks, spans or borders on a river, or lays pipes or cables across a river, for which no provisions are stipulated in the Flood Control Law, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to desist from the violation and to go through the necessary formalities within a time limit. If the unit or individual fails to go through the formalities at the expiration of the time limit or obtains no approval, it/he shall be instructed to dismantle the unlawful building or structure within a time limit; if the building or structure is not dismantled at the expiration of the time limit, dismantling shall be enforced, and the unit or individual that violates the limit, dismantling shall be enforced, and the unit or individual that violates the law shall bear the expenses incurred and shall, in addition,

9 be fined not less than 10,000 yuan but not more than 100,000 yuan. Where a unit or individual, in spite of the fact that it/he has obtained permission of the administrative department for water resources or the river basin authority, fails to build the project mentioned in the preceding paragraph according to requirements, the administrative department for water resources or the river basin authority, constructs other building or structure that blocks, spans or borders on a river, or lays pipes or cables across a river, for which no provisions are stipulated in the Flood Control Law, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to desist from the violation and to go through the necessary formalities within a time limit. If the unit or individual fails to go through the formalities at the expiration of the time limit or obtains no approval, it/he shall be instructed to dismantle the unlawful building or structure within a time limit; if the building or structure is not dismantled at the expiration of the time limit, dismantling shall be enforced, and the unit or individual that violates the law shall bear the expenses incurred and shall, in addition, be fined not less than 10,000 yuan but not more than 100,000 yuan. Where a unit or individual, in spite of the fact that it/he has obtained permission of the administrative department for water resources or the river basin authority, fails to build the project mentioned in the preceding paragraph according to requirements, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to rectify within a time limit and, depending on the seriousness of the circumstances, impose a fine of not less than 10,000 yuan but not more than 100,000 yuan. Article 66 Where a unit or individual commits one of the following acts, for which no provisions are stipulated in the Flood Control Law, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to desist from the violation, clear away the obstructions or take other remedial measures within a time limit, and impose a fine not less than 10,000 yuan but not more than 50,000 yuan：

（1） Throwing away or piling up objects, or planting forest trees or high stalk crops in rivers, lakes, reservoirs, canals or channels, which block the passage of flood

10 water; or

（2） Enclosing parts of a lake for reclamation or enclosing river courses for reclamation without permission. 5.4.5 Urban and Rural Planning Law of the People’s Republic of China Article 35 As for the land used for railway, highway, port, airport, road, greenbelt, electricity transmission and distribution facilities, electricity transmission lines, communication facilities, broadcasting & TV facilities, pipeline facilities, water courses, reservoirs, water head sites, natural reserves, flood prevention passages, fire fighting accesses, nuclear power plants, garbage landfills and incineration sites, sewage disposal plants and public service facilities, as well as other land whose use is under the protection of law as specified in urban and rural planning, it is forbidden to change their purpose without approval. Article 44 Any temporary construction within a city or town planning area must be subject to the approval of the competent department of urban and rural planning under the people’s government of the city or town. If the temporary construction impedes the implementation of the near-term construction planning, the regulatory detailed planning, traffic, townscape or safety, it shall be disapproved. A temporary construction must be dismantled before the expiration of the approved time limit. The specific measures for the administration of temporary construction and land use planning shall be formulated by the people’s government of each province, each autonomous region and each municipality directly under the Central Government. Article 64 If a construction project is proceeded without obtaining the planning permit on construction project or by violating the provisions of the planning permit on construction project, the competent department of urban and rural planning of the local people’s government at or above the county level shall order it to stop construction. If it is still possible for the construction entity or individual to take measures to eliminate the impact on the implementation of urban and rural planning, the department shall order it or him to correct within a certain time limit and impose a fine of not less than 5% the construction cost but not more than 10% the cost; if it is impossible to take measures to eliminate the impact, the department shall order the construction entity or individual to dismantle the building or structure within a certain time limit and confiscate the real objects or the illegal gain, and may also impose a fine not more than 10% the construction cost. Article 65 Where a construction project is proceeded within a township or village

11 planning area without obtaining the planning permit for rural construction or by violating the provisions of the planning permit for rural construction, the people’s government of the township or town shall order the construction entity or individual to stop construction, make correction within a certain time limit, and, if the entity or individual fails to do so within the time limit, dismantle the building or structure. Article 66 Where a construction entity or individual commits any of the following behaviors, the competent department of urban and rural planning of the people’s government of the city or county where it is located shall order it to dismantle the building within a certain time limit, and may impose a fine not more than the cost of the temporary construction project: 1. Making temporary construction without approval; 2. Making temporary construction beyond the approved content; or 3. Failing to dismantle the temporary building or structure after the approved time limit expires. 5.4.6 The Law of Land Administration of the People's Republic of China Article 57 Users who use the land temporarily should use the land according to the purposes agreed upon in the contract for the temporary use of land and should not build permanent structures. The term for the temporary use of land shall not usually exceed two years. Article 64 Buildings or structures put up before the general plan for the utilization of land and unconformable to the general plans are not allowed to be rebuilt or expanded. Article 83 Whereas orders have been issued to dismantle the new buildings and other facilities on the land illegally occupied within a prescribed time limit according to the provisions of this law, the construction unit or individual shall stop operation immediately and dismantle them by themselves. Whereas the operation continues, the organ which decided for the punishment decisions has the right to stop it. Whereas a construction unit or individual refuse to accept the administrative punishment decisions on dismantling the buildings and other facilities, it may bring the case before the people's court within 15 days starting from the day when the decision is received. Whereas a unit or individual fails to put the case in proceeding when the time limit expires and yet refuses to do the dismantling, the organ making the punishment decision shall apply for compulsory exercise with the people's court and the cost arising therefrom shall be borne by the law violator. 5.4.7 Wuhan Municipal Comments for Problem Left Over by History Related to Demolishing and Compensation on Owned Land

Article 7 after 1 January 1999, the villagers who construct house and occupy homestead without approval; urban residents and villagers who were not from this village constructed and procured the house on owned land; these wouldn’t provided the compensation in land acquisition. 6. Reason, Method and Procedure of Demolishing During the flood season, the continual heavy rain led to the raising water level of East Lake. The water level was higher than the control level by 0.95m that seriously threatened the safety and assets of publics. So, WMG paid highly attention. On 25 June 2011, Wuhan Flood Control Headquarter was set up; it was led by Deputy Mayor Sun Ya. WMG Deputy Secretary General was the Deputy Commander of Headquarter. The leaders from Construction Committee, Water Authorities and related agencies were the members of headquarter. The implement of demolishing was for flood control, and dredging and pumping water from lake. The housing demolishing was arranged by Headquarter, the detailed information as follows: 1 The housing demolishing was arranged by Headquarter, and the flood headquarters, district urban management bureaus, street management offices and village commissions should set up the special office. 2 Wuhan Headquarter announced the [No.1] Document requiring to rapidly removing the building and structure that block the flood.

3 Process of Housing Demolishing

a Announcing [No.1] document to villagers who was involved in demolishing. b Headquarter, Urban Management Bureau, Important Project Management Office in each district, and the village commissions and street management offices to broadcast the [No.1] document. c Fully considering the status of affected person, the enough time has provided to AP. District Urban Management Bureau had recorded the housing properties and squares. d Arranging the machineries to demolish the building. e To strengthen the achievement of flood control and drought relief in Luojiagang Channel and Shahugang Channel, and ensure the safety of flood control, the municipal headquarter was specially announced the Strengthening Supervision of Luojiagang Channel and Shahugang Channel Notification, to prevent fast construction, and arrange the staff to on duty.

7. Conclusions From 25 June 2011, Wuhan was suffered with heavy rains that led to the raising water level of East Lake, which would threaten the safety of publics and assets. Based on this serious condition, WMG took unconventional actions to demolish the buildings and structures which would block the flood. This would maximally guarantee the benefits of publics. Currently, the demolition and resettlement was done without any safety problem or complaints. The villagers supported these actions. Due to nobody dwelling in the buildings demolished, the IA was unable to identify the 14 affected persons. Up to now, in sites of Luojiagang Channel Rehabilitation and Shahugang Channel Rehabilitation sub-components, the work proceeds generally in construction by the construction units within the cross-sections where no housing structures exist. In complying with ADB requirements, we have established channels under ADB II Storm Water Component for the grievance complaints revealing. In case of APs within the project area lodge their grievance complaints, we will accommodate, as required by the procedure and approach for dealing with grievance complaints prescribed by ADB project RP, the letter-sending and personal visits of affected persons for grievance complaints revealing, and work proactively in dealing with the matters. Presently the social information channel has been well established and maintained in Heping Neighborhood Administration, and it is accessible for the APs under the project to be heard of their status by the Villagers’ committee of relevance, or of their willing by the Neighborhood Administration and Hongshan District Government. At the same time we will assign construction unit, land acquisition/resettlement implementation unit with work on site inspection strengthening in order to find out any issue arising from the land acquisition/ resettlement implementation and the resultant social impact. Proceeding of the above-mentioned works will be reported to ADB in the follow-up external monitoring reports. During the next step of resettlement activities, some inhabited houses will be demolished and affected people will be resettled. WPMO will prepare Resettlement Plan in accordance with relevant national laws and regulations and ADB safeguard policy. WPMO will get support from the municipal and districts’ agencies to implement the resettlement plan and strengthen the sites management. Any complaint and appeal from owners of demolished structures during the flood prevention period will be accepted and treated with according to ADB’s requirement. WPMO will work with urban administrative bureau and street administrative offices to solve the complaints and appeals according to Resettlement Plan and relevant policies.

Also, the safety and civilization construction would be emphasized to create the harmonious construction. The project would ensure each affect person to recover and improve their living and housing conditions.

List of Attachments

1. Order No. 1 Issued by Wuhan Municipal Flood Control and Drought Combating Headquarter

2. Notification Issued by Wuhan Municipal Flood Control and Drought Combating 15

Headquarter Office Concerning Works on Flood Prevention Flow-off Impediment Removal

3. Notification Issued by Wuhan Municipal Flood Control and Drought Combating Headquarter Office Concerning Orderly Pushing Forward Works on Flooding Flow-off Impediment Removal

4. Notification Issued by Wuhan Municipal Flood Control and Drought Combating Headquarter Regarding Further Strengthened Efforts in Luojiagang Channel and Shahugang Channel Unregistered Erection Control Supervision

5. Letter from WUCUFIPMO Requesting Further Strengthened Efforts in Shahugang Channel Rehabilitation and Unregistered Erection Control and Unregistered Structure Removal Thereof

Attachment 1 Document of Wuhan Municipal Flood Control and Drought Combating Headquarter

(Document number W.X. [2011] No. 8)

Order Issued by Wuhan Municipal Flood Control and Drought Combating Headquarter

Order No. 1

To: Hongshan District and Wuchang District Flood Control and Drought Combating Headquarters, East Lake Ecologic Tourist Scenic Zone Administration Committee, and units in relevance:

While seasoned of the Plum Rains Wuhan has undergone events of five heavy storm water precipitation in succession, leading to continuous rising of East Lake water level that by 18:00 June 24 a water level 20.60 m is recorded, exceeding the maximum controlling water level by 0.95m, which causes a consequence of seriousness to menace urban citizens’ lives and properties. Occasioned by this, our Command Headquarter issuing the order as the following

I. To removing away promptly buildings/structures along Luojiagang Channel, Shahugang Channel, and Xingou Ditch water courses that constitute impediment to flood flow-off for ensuring non-obstructed water flow in the channels.

II. To put into exertion seriously of responsibility of chief executive officer for Flood Control, acting resolutely, decisively and promptly, at the same to organize effortful campaign in propaganda-mobilization and social stabilization in order to ensure success in East Lake water level lowering work proceeding.

This order is put into execution from the date of the Order issuance.

Wuhan Municipal Flood Control and Drought Combating Headquarter (Seal)

June 25, 2011

Key Words: Flood Control, Order

Wuhan Municipal Flood Control and Drought Combating Headquarter

Printed and issued on: June 25, 2011

Proofreader: Yang Lei Nos. of copies printed: 20

Attachment 2 Notifying Circular

To: District Peoples’ Governments of Wuchang, Qingshan and Hongshan Districts, and East Lake Ecologic Tourist Scenic Zone Administration Committee:

In executing the Order issued by Wuhan Municipal Flood Control and Drought Combating Headquarter, and implementing the spirits of decisions by Frontline Command Headquarter Meeting’s dating June 24 and 25, which requires to remove away promptly buildings/structures along Luojiagang Channel, Shahugang Channel, and Xingou Ditch water courses that constitute impediment to flood flow-off, and demolishing buildings (structures) within Passing-way in Desilting/Emergency along Luojiagang Channel, Shahugang Channel, and Xingou Ditch. Tasks assigned to each of the Districts are as the followings in specific sections:

I. Wuchang District: West section from Luojiagang Channel Luojia Road Pumping Station to Youyi Bridge (with boundary demarcated by Luojiagang Channel); and south-north section from Shahugang Channel Yangyuannan Road to Shahu Control Gate (with boundary demarcated by Shahugang Channel);

II. Qingshan District: East section from Luojiagang Channel Luojia Road Pumping Station to Youyi Bridge (with boundary demarcated by Luojiagang Channel);

III. Hongshan District: East-west section from Luojiagang Channel Youyi Bridge to Yangjia Bridge (with boundary demarcated by Luojiagang Channel); and south-east section from Shahugang Channel Yangyuannan Road to Xingou Bridge Lock-gate (with boundary demarcated by Shahugang Channel);

IV. East Lake Scenic Zone Administration Committee: East-west section from Shahugang Channel Xingou Bridge Lock-gate to Xiaojihu Control Gate (with boundary demarcated by Shahugang Channel).

The drainage ditch section from Xingou Ditch to Luojiagang Channel constitutes a life-concerned passing way operated in East Lake/Sha Lake Water Network, and it is imperative that each of the Districts and unit pay great attentions to its normal operation, for which the chief responsible persons of Peoples’ Governments of each Districts (Administration Committee) shall present themselves at the site for deployments/commanding, to effectuate by forceful measures the flowing-impediment removal task completion within deadline as stipulated by the Meeting’s decision.

Wuhan East Lake/Sha Lake Water System Work Site Command Headquarter (Seal) June 26, 2011

Attachment 3 Notifying Circular

To:

Governments of Wuchang District, Qingshan District and Hongshan District, East Lake Scenic Zone Administration Committee

For enlarging achievements of flood prevention and floodwater drainage impediment-removal in Luojiagang Channel and Shahugang Channel, the Municipal Flood Control and Drought Combating Headquarter, in considering of complying with the goal targeting of lowering water level of East Lake storage capacity down to 19.65 meters, decides to carry out demolition of various buildings (structures) within red-line controlling areas around Luojiagang Channel, Shahugang Channel, Donghugang Channel and Xingou Ditch by means of the resettlement-facilitated demolition and unregistered structure removal, along with turning into landscaping sections of both sides along Luojiagang Channel and Shahugang Channel, to ensure successful implementation of East Lake/Sha Lake Water System Supporting Work. You are notified of matters in relevance as the followings:

I. Tasks to be carried out

(i) Districts of Hongshan and Wuchang are responsible for carrying out structure demolition in areas within Luojiagang Channel and Shahugang Channel planning red-line that are under each of the district jurisdictions.

(ii) Districts of Hongshan and Qingshan, and East Lake Scenic Zone Administration Committee are responsible for carrying out the water flow impediments removal and demolishing buildings (structures) which cause effects on Passing-way in Emergency in areas within East-lake Channel sections that are under each of the district jurisdictions. The deadline is set up as July 18 for completion of construction cross-sections formation that consists mainly of five in number, and site-points to be dealt with as shown in the attached Table.

(iii) East Lake Scenic Zone Administration Committee is responsible for carrying out the water flow impediments removal and demolishing buildings (structures) which cause effects on Passing-way in Emergency in areas within East-lake Channel sections that are under its jurisdictions.

II. Measures to be taken

(i) As shown by issues revealed in the work proceeding during the preceding stage, this move to deal with unregistered structure demolition and flowing-impediment removal is also purposed of flood control and floodwater drainage and desilting. Therefore, it is imperative to have an announcement made by Water Bureaus of the

Districts prior to the flowing-impediment removing, in order to prevent hard work for settling the disputes arising from the demolition order execution on the Urban Administrative department’s part. During the resettlement-facilitated demolition and unregistered structure removal proceeding, well organized campaign in propaganda-mobilization and social stabilization shall be conducted in prior, implemented by the Neighborhood Administrations to which the District Governments act in supervision, and the District Urban Administrative Bureaus and Water Bureaus shall coordinate properly in dealing with before-demolition evacuating from housing.

(ii) In carrying out the assignments, the District Urban Administrative Bureaus shall have the work well planned, of demolition archives established and maintained, and demolition implemented by deliberated organizing efforts, so that to moved away in the first place the buildings (structures) that cause effects on work construction passing way. During the work proceeding, in cases of involving the houses owned by the residents that are listed among the Two-listing Identification, resettlement arrangement is applicable in line with Villages-in-City development-concerned policy, which is handled by the District Governments in pertinence together with the competent organs.

(iii) Costs of labor and machinery and others incurred in flood flowing-impediment removal shall be financed by funds of the Asia Development Bank loan project and the Word Bank loan project, and Municipal Flood Control Special Fund for Emergency respectively in accordance with sectional localities where such expense incur.

III. Requirements to be met

(i) Organizing efforts and leadership strengthening. East Lake/Sha Lake Water System Drainage Channel constitutes a life-concerned passing way. It is imperative that each of the Districts shall carry out the work, in its capacity as an important political task, of the housing demolition within East Lake/Sha Lake Water System construction scope, having the principal leading-person presented at sites, commanding- dispatching strengthened, so as to push forward forcefully the resettlement-facilitated demolition as well as flowing-impediment removal and unregistered structure demolition.

(ii) Unit-to-unit coordination strengthening. The works of resettlement-facilitated house demolition and unregistered structure demolition/ flowing-impediment removal features an undertaking that is highly policy-guided, work context complicated and hard in dealt-with. Each of the Districts shall conduct the unit-to-unit coordination with East Lake/Sha Lake Water System Comprehensive Rehabilitation construction units in work sections of jurisdictional relevance, in order to clarify the sectional widths and cross section requirements, to survey out the situations of house-erecting, to identify baseline-datum of resettlement-facilitated demolition and unregistered structure removal, and having the housing removal, which proceeds under appropriate policy

21 guidance, pushed forward according to the law.

(iii) Performance appraisal and supervision strengthening. The resettlement-facilitated demolition and unregistered structure removal work is placed among the performances to be assessed under all-city general urban administering context, for which Municipal Urban Administrative Bureau is responsible in coordinating and supervision. The competent in-charge leading persons of the Districts shall present at the sites to exert in commanding/dispatching and supervising over tasks implementation actually, for ensuring success in the work completion.

(iv) Information forward strengthening. It is required that one liaison of division-level cadre is assigned by Districts of Hongshan, Wuchang and Qingshan, and East Lake Scenic Zone Administration Committee respectively for daily information forwarding to the general liaison officer of the Headquarter, encompassing overall progress status in the resettlement-facilitated demolition and unregistered structure removal (data concerning resettlement-facilitated demolition sourced from District Construction Bureaus and that concerning unregistered structure removal from District Urban Administrative Bureaus).

Wuhan East Lake/Sha Lake Water System Work Site Command Headquarter (Seal)

Date: July 9, 2011

Attachment 4 Document of Wuhan Municipal Flood Control and Drought Combating Headquarter

(Document number W.X. [2011] No. 17)

Notification from Wuhan Municipal Flood Control and Drought Combating Headquarter Regarding Further Strengthened Efforts in Luojiagang Channel and Shahugang Channel Unregistered Erection Control Supervision

To: Wuhan Urban Construction Investment & Development Group Co., Ltd. and District Flood Control and Drought Combating Headquarter of districts in relevance:

In accordance with requirements of CCP Wuhan Municipal Committee and Wuhan Municipal Government deployment, Districts and units, under the leadership of East Lake/Sha Lake Water System Under-emergency Flooding Elimination Frontline Command Headquarter, endeavor with efforts by single-minded cooperating, and gaining the stage victory of East Lake/Sha Lake under-emergency flooding elimination, especially the achievement of significance in impediment removal for flood flowing-off, accumulatively amounting to 67000 m2, for consolidating Luojiagang Channel and Shahugang Channel flood flowing-impediment removal and channel enlargement/desilting accomplishments and ensuring flood prevention safety, the followings are requirements concerning Luojiagang Channel and Shahugang Channel unregistered erection control supervision: (i) Wuhan Urban Construction Investment & Development Group Co., Ltd. (WUCIDC) shall acts, in connection with Luojiagang Channel and Shahugang Channel flood flowing-impediment removal and channel enlargement/desilting, to put promptly the ABD financed channel/ditch rehabilitation project into implementation; (ii) WUCIDC shall acts, in its capacity as the principal entity responsible for channel/ditch rehabilitation project implementation, to strengthen the construction cross-section protection and channel/ditch management and maintenance, carrying out on time the channel sided silt removal and haulage away; and (iii) each Districts in relevance shall act to strengthen the Channel Unregistered Erection Control Supervision, for getting rid of any occurrence of unregistered erected building, for which WUCIDC shall assign the supervisory patrol over Luojiagang Channel and Shahugang Channel to specially established work force, and Municipal and District Water Authorities render their supports with efforts.

Wuhan Municipal Flood Control and Drought Combating Headquarter (Seal)

July 1 2011

Key Words: Flood Control, Channel, Rehabilitation, Notification

Wuhan Municipal Flood Control and Drought Combating Headquarter

Printed and issued on: July 1, 2011

Proofreader: Zhu Fei Nos. of copies printed: 20

Attachment 5 Letter from WUCUFIPMO Requesting Further Strengthened Efforts in Shahugang Channel Rehabilitation and Unregistered Erection Control and Unregistered Structure Removal Thereof

To: East Lake Scenic Zone Administration Committee:

Shahugang Channel Rehabilitation is one of Luojiagang Pumping Station and Channel Rehabilitation work items under a component of ADB financed project that initiates in implementation this year, being one of important constituents of Sha Lake Rehabilitation listed among the Work Schemes for Continuing Implementation, the Motion No. 3 proposed during Second Session of the Twelfth Wuhan Municipal People's Congress in 2011, which is to exert a key role in alleviating flood water event consequence in the service area and upgrading the urban functional performance. The work is projected of some 4461 meters in length, scheduled of commencement dating June 2009 and completed by 2010.

In March 2, 2009, our Office consigned officially the project land acquisition and resettlement to Hongshan District Key Projects Demolition and Relocation Housing Office. On May 4 2005 upon extensive coordination among the parties, East Lake Village housing survey was initiated formally, and fact-findings revealed by the surveyors, the in-charge construction unit Jianxing Company together with Hongshan District Key Projects Demolition and Relocation Housing Office, the tracing auditing unit, the measuring unit, when they presented at the site once again, showed that density in rush-erecting occurred in East Lake Village located along the south side of Channel-ditch (where the lands uses for East Lake Village relocation housing arranged quite concentrating), that, according to preliminary estimation, amounted to 8000 m2 and tending to more and more density in rush-erecting, of which, the surveyors were informed by local residents of rush-erected housing turned into existence in reality within a few days overnight.

Your Committee is required to pay great attentions to the matter and taking forceful measures for Unregistered Building Control, along with special work team organized promptly for dealing with mandated removal of the said rush-erected housing so as to meet requirements of speed-up the project implementation and ensuring the work objective attainment.

Our Office is to rely on Your Committee’s effortful supports, and to carry out various works in hurry for strengthened the project management and targeting the goal set forth by Wuhan Municipal Government in a manner of objective attained qualitatively and quantitatively.

WUCUFIPMO (Seal)

April 14, 2009