LC Disaster Management Project II

LC Disaster Management Project II Land Acquisition and Involuntary Resettlement Report Saint Lucia, February 15-20, 2007

1. Project background

The current land acquisition request stems from the implementation of Component 1 “Physical Prevention and Mitigation Works” which includes carrying out of coastal and flood protection works for Dennery Village. Dennery is a low-lying fishing village on the east coast of Saint Lucia, confined by the Dennery River in the south and the Trou A L’Eau River in the north. The village has been prone to flooding, storm surge and damage by wave action and high seas, as evidenced during the passage of such storms as Tropical Storm Debbie in 1994 and Hurricane Lenny in 1999. Most recently, Tropical Storm Ivan (2004) resulted in significant beach erosion and damage to property.

The works were tendered and awarded as two separate contracts: the Dennery Coastal Protection Phase 1 and 2 and the Dennery River Trou a Leau Ravine Works.

The Contract for the Coastal Protection Phase 1 and 2 was awarded to Mirai Construction Company Limited for a contract price of EC$6,683,042.53. The works commenced on July 26, 2005 and was completed in the first week of September 2006. These works included:

Phase 1 . Construction of a 415m long buried revetment, starting from the Dennery River in the south and going as far north as approximately opposite St. Peter’s Church. . The seaward side of the revetment has been nourished with sand redistributed from excavation creating a slope 1:6. . Clearing of the mouth of the Dennery River (approximately 500 m3), and the placement of that sand on the beach in front of the revetment, in the south-central part of the beach.

Phase 2 • Construction of three (3) offshore breakwaters, each 50m, 50m and 60m respectively, going from the south to the north. The breakwaters are to be sited in approximately 2-3 m water depth and will each have a crest elevation of +1.5m. • Construction of an armoured berm, at the north end of the bay, and immediately north of the Daito. • Filling behind the berm, to create a landfill area at an elevation of +1.5m using a volume of landfill that is estimated to be 3,600 m3. • Extending of the ravine south drain wall, east of the road bridge, by 54m. • Raising of the north wall of the ravine, east of the road bridge, for a distance of 50m. • Construction of a revetment along the north boundary of the village, for a linear distance of 50m. This revetment will be built with a crest elevation of +2m.

The second contract which is ongoing was awarded to Hippolyte Equipment Services (HES) for contract price of EC$1,429,505.77. The Contractor commenced mobilization on October 30, 2006. All works under the Contract are scheduled to be executed over 54 weekscompleted in July 2007. The following outlines the works to be carried out: a) Dennery River Works:- • The north embankment of the Dennery River is to be raised to a crest elevation of +3.0m and extended from the Dennery Bridge abutment to the shore on the north side of the river. • River training works in the form of a stepped gabion gravity wall are to be constructed to an elevation of +4.0m to +3.0m for a distance of 45m downstream of the northern abutment of the Dennery Bridge. • The low area between the north embankment and Mole Road will be filled, graded and provided with separate drainage towards the sea. b) Trou A L’eau Ravine Works:- • The capacity of the existing culvert for the Trou A L’eau Ravine is to be increased by constructing a similar culvert adjacent to the existing one. • The walls of the existing Ravine channel are to be raised to +1.6m to improve containment, and the area behind the walls of the channel should be backfilled to raise the grade.

The Abbreviated Land Acquisition Plan focuses on the works to be executed on the Dennery River as captioned above and the revised scope of works which entails extension of the existing berm from the Dennery Bridge abutment to the existing gabion baskets at the mouth of the river and elevation of the embankment from the bridge upstream to the river as contained in the Final Design Report of October 2003 prepared by Smith Warner International of Jamaica but not contained in the Bill of Quantities because of land acquisition issues. At that time the survey process was hindered the land owners which resulted in this portion of the design being omitted from the Bill of Quantities of the works being tendered, thus it was also omitted from the contract awarded to HES. The Ministry of Physical Development now deems in hindsight that valuable time would have been saved if better communication had been attempted at that time.

In 2006 while the works were being tendered and the consultant was on-site supervising the previous works contract it became apparent that for the solution to be effective a topographical survey was required. In addition, the area had deteriorated following the passage of Hurricane Ivan. Therefore, in February 2006 the Ministry of Communications and Works requested that the contract of SWI be varied so that the consultant could undertake a topographical survey of the affected area in order to revise the designs for the proposed Dennery River / Trou A Leau Ravine which forms part of the Coastal Protection Works for the Dennery Village (SWI Report dated February 13, 2006). The Topographical survey was undertaken in June 2006 with the recommendations outlined in the report of February 13, 2006 with an estimated cost of EC$$3,009,346.25.

The topographical survey was required of the area to be re-graded (immediately north of the river) which is quite flat, in order for it to be re-graded and to be able to identify the houses, etc on the survey plan. In order to achieve adequate falling grades back to the swale as proposed, the northern edge and that area is exactly where the houses are located needs to be raised. The boulder revetment along the river banks do not go all the way back to the bridge on the highway. There is therefore a gap between the end of the river bank revetment and the gabion basket river wall immediately east of the bridge. This leaves a vulnerable window between where the berm stops and the section of the river bank nearest the river, and, given the extensive rainfall experienced last year, consideration needs to be given to extend the revetment all the way back to the bridge. In order to implement this solution there are some land ownership and possible access issues, which would first have to be resolved. From the time of preparation of the designs in 2002 the land owners have now erected fences and some enclosures on lands to be re-graded in the contract. The Government of Saint Lucia (GOSL) now needs to acquire 30% the lands so that works contractor can proceed with scope of works. 2. Current proposal

The original designs of the North embankment have reached over 90% completion. The extension of the embankment requires 6,039m2 to be acquired of the total lands of 19,895.77 m2. The Ministry of Physical Development, the Ministry of Communication and Works, SWI and the PCU agree that a 180-meter extension of the recently constructed embankment is imperative for two main reasons. First, the lands located beyond the end of the embankment will remain unprotected from both the periodic flooding of the river. Second, and equally important, the existing works will lose effectiveness, since the town’s vulnerability to major floods (as in the most recent case of Hurricane Debbie and Tropical Storm Ivan) will remain as high as it was prior to the construction of the embankment. Nevertheless, this 6,039m2 land is privately owned. In order to move forward with the request for additional financing and consequently with the proposed extension of physical works, this privately owned land would inevitably need to be acquired by the GOSL, with the purpose of carrying out public works.

3. St. Lucia’s Legal Framework

The Laws of St. Lucia include a Land Acquisition Act established in 1946. The mentioned Act provides a very detailed account of the procedures enforced by the Government of St. Lucia in matters pertaining to the acquisition of land for public purposes.

Notification and Due Procedure:

3. Acquisition of Land

(1) If the Governor General considers that any land should be acquired for a public purpose1 he or she may cause a declaration to that effect to be made in the manner provided by this section and the declaration shall be conclusive evidence that the land to which it relates is required for a public purpose.

(2) Every declaration shall be published in 2 ordinary issues of the Gazette and copies thereof shall be posted on one of the building (if any) on the land or exhibited at suitable places in the locality in which the land or exhibited at suitable places in the locality in which the land is situated, and in the declaration shall be specified the following particulars in relation to the land which is to be acquired-

(a) the parish or district in which the land is situated; (b) a description of the land, giving the approximate area and such other particulars as are necessary to identify the land; (c) in cases where a plan has been prepared, the place where, and the time when, a plan of the land can be inspected; (d) the public purpose for which the land is required.

1 The Act sets forth the following definition: “For the avoidance of doubt it is hereby declared that the expression “public purpose” in this Act shall include the purpose of fulfilling any obligation of the Government, or of Her Majesty’s Government in the United Kingdom, under any treaty or agreement made by the Government or by Her Majesty’s Government, as the case may be, with the Government of any other country, territory or place, ad any purpose pertaining or ancillary thereto.” (3) Upon the second publication of the declaration in the Gazette as aforesaid the land shall vest absolutely in the Crown.

(4) This section does not prevent the acquisition of lands for public purposes by private treaty.”

Negotiations with Landowners:

4. Authorised Officer to Treat with Landowner:

(1) As soon as any declaration has been published in accordance with the provisions of section 3, the authorized officer shall without delay, enter into negotiations (or further negotiations) for the purchase of the land to which the declaration relates upon reasonable terms and conditions, and by voluntary agreement with the owner of the land. (2) It is not necessary for the authorized officer to await the publication of the declaration before he or she endeavors to ascertain from the owner the terms and conditions on which he or she is willing to sell his or her land, but no negotiations or agreement is considered to be concluded unless and until the conditions of sale and acquisition have been approved in writing by the Governor General.

Compensation evaluation:

19. Rules for Assessment of Compensation

Subject to the provisions of this Act the following rules shall apply to the assessment and award of compensation by a Board for the compulsory acquisition of land-

(a) the value of the land shall, subject as hereinafter provided, be taken to be the amount which the land, in its condition at the time of acquisition, if sold in the open market by a willing seller, might have been expected to have realized at a date 12 months prior to the date of the second publication in the Gazette of the declaration under section 3.

However, this rule shall not affect the assessment of compensation for any damage sustained by the person interested by reason of severance, or by reason of the acquisition injuriously affecting his or her other property or his or her earnings, or for disturbance, or any other matter not directly based on the value of the land;

21. Interest

The Board, in awarding compensation may add thereto interest at the rate of 6% per year calculated from the date upon which the authorised officer entered into possession of the land acquired until the date of the payment of the compensation awarded by the Board.

2. Practical application and enforcement of Land Acquisition Act The Surveys and Mapping Department of the Government (Ministry of Physical Development) provided additional and very useful information regarding the practical application and enforcement of the national laws. The following points were of particular pertinence to the purpose of understanding the practice of land acquisition in St. Lucia, and therefore its degree of compliance with World Bank policy:

. Market Value - They verified that the calculation of compensation was on market value, which is based on the sale of property of similar characteristics with up to one year

. Valuation System – valuations of property value are very flexible and always favour the land owner. They are based on the location, number of dependencies and size of land.

. Interest- 6% interest is indeed paid to the private land owner if the payment schedule is delayed. This is substantially above interest rates paid by banks.

. Procedural delays - Slight delay now because, due to recent general elections, no cabinet secretary has been appointed. After that, notifications will be sent out.

. Payment is delivered upon completion of works- Advanced payment has exceptionally been paid through private treaty if strongly requested, however it is not very common.

3. Progress report

The Survey and Mapping Department provided a chronological list of procedural steps that are customarily carried out with respect to the Disaster Management Project II. This list has been completed and updated during the field visit.2

(i) Notifications of intention, also known as “courtesy calls”, to acquire properties that are likely to be affected by the project has been sent up for publication.

(ii) A meeting took place on January 24th, 2007 to meet the parties affected by the project. Personnel of the Ministry of Physical Development including the Surveys and Mapping Department were represented.

(iii) Letters to individual proprietors for intention of Acquisition are being prepared to inform the affected parties about the project and the procedure that will be used for the Acquisition and compensation.

(iv) Upon completion of works, it will be advised that a Private Land Surveyor execute the survey for the necessary Acquisition. It is necessary for the Surveyor to be briefed by this office.

2 Surveys and Mapping team interviewed: Mr. Jn Baptiste, Mr. Justus Nelson, Mr. Celsus Baptiste and Mr. Julian King represents the Crown Land Section of the Ministry of Physical Development. (v) On completion of the Acquisition survey a valuation on each of the acquired properties will be done and the properties will be declared in the Gazette.

(vi) The Affected parties will be brought in to discuss compensation for the property acquired.

(vii) Tribunal process is available to air concerns and claims.

4. Consultations with property owners

On Saturday February 17, 2007, the World Bank Safeguards Specialist (Ms. Kimberly Vilar) carried out a meeting with the three representatives of the property owners to be affected by the extension of the North embankment. Seven of the subdivided plots were represented in the meeting. This meeting was very revealing as to the affected persons’ point of view regarding the institutional and practical aspects of the project. Out of the three representatives, two (Mr. Joseph Sydney and Ms. Cecilia St. Marthe) own and/or represent family ownership of the plots where the embankment has not yet been raised, while one (Ms. Phillipa Regis, representing the Biscette and Regis branches of her family) represents four subdivided plots which straddle the land where the embankment is currently raised and the area that will soon be acquired for the purpose of extending the embankment in the case that additional financing is approved.

When asked what changes to their town they had perceived since the beginning of the works, the meeting participants expressed their distress as to the unauthorized use of their land for the purpose of transporting materials, storage and/or dumping of materials and cutting down their trees, without prior consent or consultation of any kind. Moreover, an area belonging to the Biscette - Regis family was used for the construction of the existing embankment without consent or compensation; the only compensation paid was for some coconuts trees that were removed. According to Ms. Regis they were not informed or consulted regarding the designs of the project in any capacity, and therefore were not aware of the project’s plans to advance on their area. Instead, they had been under the impression that the embankment would border the river’s edge. The meeting participants also mentioned their sense of helplessness given the absence of any grievance mechanism or responsible party to whom they could voice their concerns.

In sum the participants agreed that the project per se will indeed benefit their properties and the well-being of their town and community. Not only do they acknowledge the benefits it will provide, they are eager to see the works extended and completed as far in advance as possible before this year’s June storms. On the other hand, they have insightful and constructive suggestions as to the implementation of the proposed works that would make both the project’s outcome and process a success. These suggestions include:

 Keeping stakeholders informed about the details of the project during its design and implementation stages. Their first contact with the project’s intention to build an embankment was when the trucks and heavy construction equipment passed through or near their property. The participants think that this could have been avoided with healthy communication. They suggested that the recent town hall meeting regarding the designs for the new square/playground in the restored beach area had been a good practice of this kind of transparency, one that they would encourage for future construction projects.

 Validating designs and implementation practices with the stakeholders. The meeting provided suggestions that could be instrumental to the preventative purpose of the embankment, based on their experience with Hurricane Debbie and other floods, for example, the need for additional drains in order to prevent flooding (as well as the regular maintenance of the existing one that recurrently gets clogged with elephant grass and other materials). The meeting held at the end of January did not meet this objective, as they were presented as the contractor explained the actions this company would take and stated that the government would expropriate the necessary land with or without their consent.

5. Bank Asset Acquisition Policy according to OP 4.12

The present request for additional financing for the extension of the Dennery River’s north embankment triggers the Bank’s Operational Policy 4.12, regarding involuntary resettlement, as the policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by the involuntary taking of land resulting in the loss of assets.

In order to address these impacts, the Borrower must implement measures to ensure that the affected persons are:

(i) informed about their options and rights pertaining to resettlement;

(ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives;

(iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project.

“Full replacement cost” is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structure and assets should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms (e.g. access to public services, customers and supplies; or to fishing grazing or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. If St. Lucian national law does not meet the standard of compensation at full replacement cost, compensation under domestic law would be supplemented by additional measures necessary to meet the replacement cost standard. Such additional assistance is distinct from resettlement assistance to be provided.

6. Compliance with OP 4.12 has not been met

In conclusion, the national legal framework provides the Government of St. Lucia with instruments that entitle bearers of assets with rights of notification and fair compensation, which are compatible with the Bank’s involuntary resettlement policy. A court case precedent as well as interviews with different actors also offer some evidence to the fact that the customary application of this legal framework has usually favored land owners (in terms of negotiated compensation) vis-à-vis the State. Nevertheless, the project does not comply with OP 4.12 for two reasons. First, the chronology of events permitted under the Land Acquisition Act is exactly the opposite of the timing accepted by the Bank. According to Bank policy, the land owners/occupants must be compensated before the works take place, while the Land Acquisition Act allows this payment to take place after the completion of the works. It is therefore fundamentally important that this order be reversed in order to proceed with the extension of the works. Second, the project’s strictly legalistic reliance on the State’s authority and ability to acquire land as long as it is in accordance with the Land Acquisition Ordinance has apparently resulted in the responsible parties neglecting to engage with the affected land owners as legitimate stakeholders through a transparent communication strategy. Therefore, compliance with Bank policy will depend on (i) the Government’s commitment to a transparent communication strategy based on the information and validation processes set out in Section 4 and including a clear grievance mechanism for the affected persons to voice their concerns; and (ii) the remedial evaluation of unpaid damages incurred during the construction of the now nearly completed Northern embankment. ANNEX 1. LC Disaster Management Project II Abbreviated Land Acquisition Plan

1. Introduction

The current land acquisition request stems from the implementation of Component 1 “Physical Prevention and Mitigation Works” which includes carrying out of coastal and flood protection works for Dennery Village. Dennery is a low-lying fishing village on the east coast of Saint Lucia, confined by the Dennery River in the south and the Trou A L’Eau River in the north. The village has been prone to flooding, storm surge and damage by wave action and high seas, as evidenced during the passage of such storms as Tropical Storm Debbie in 1994 and Hurricane Lenny in 1999. Most recently, Tropical Storm Ivan (2004) resulted in significant beach erosion and damage to property.

The works were tendered and awarded as two separate contracts: the Dennery Coastal Protection Phase 1 and 2 and the Dennery River Trou a Leau Ravine Works.

The Contract for the Coastal Protection Phase 1 and 2 was awarded to Mirai Construction Company Limited for a contract price of EC$6, 683,042.53. The works commenced on July 26, 2005 and was completed in the first week of September 2006. These works included:

Phase 1 . Construction of a 415m long buried revetment, starting from the Dennery River in the south and going as far north as approximately opposite St. Peter’s Church. . The seaward side of the revetment has been nourished with sand redistributed from excavation creating a slope 1:6. . Clearing of the mouth of the Dennery River (approximately 500 m3), and the placement of that sand on the beach in front of the revetment, in the south-central part of the beach.

Phase 2 • Construction of three (3) offshore breakwaters, each 50m, 50m and 60m respectively, going from the south to the north. The breakwaters are to be sited in approximately 2-3 m water depth and will each have a crest elevation of +1.5m. • Construction of an armoured berm, at the north end of the bay, and immediately north of the Daito. • Filling behind the berm, to create a landfill area at an elevation of +1.5m using a volume of landfill that is estimated to be 3,600 m3. • Extending of the ravine south drain wall, east of the road bridge, by 54m. • Raising of the north wall of the ravine, east of the road bridge, for a distance of 50m. • Construction of a revetment along the north boundary of the village, for a linear distance of 50m. This revetment will be built with a crest elevation of +2m.

The second contract, completed on July 30, 2007, was awarded to Hippolyte Equipment Services (HES) for contract price of EC$1,429,505.77. The Contractor commenced mobilization on October 30, 2006. All works under the Contract are scheduled to be executed over 54 weeks with an expected completion date of June 13, 2007. The following outlines the works that were carried out: a) Dennery River Works:- • The north embankment of the Dennery River is to be raised to a crest elevation of +3.0m and extended from the Dennery Bridge abutment to the shore on the north side of the river. • River training works in the form of a stepped gabion gravity wall are to be constructed to an elevation of +4.0m to +3.0m for a distance of 45m downstream of the northern abutment of the Dennery Bridge. • The low area between the north embankment and Mole Road will be filled, graded and provided with separate drainage towards the sea. b) Trou A L’eau Ravine Works:- • The capacity of the existing culvert for the Trou A L’eau Ravine is to be increased by constructing a similar culvert adjacent to the existing one. • The walls of the existing Ravine channel are to be raised to +1.6m to improve containment, and the area behind the walls of the channel should be backfilled to raise the grade.

The Abbreviated Land Acquisition Plan focuses on the works to be executed on the Dennery River as captioned above and the revised scope of works which entails extension of the existing berm from the Dennery Bridge abutment to the existing gabion baskets at the mouth of the river and elevation of the embankment from the bridge upstream to the river as contained in the Final Design Report of October 2003 prepared by Smith Warner International of Jamaica but not contained in the Bill of Quantities because of land acquisition issues. At that time the survey process was hindered the land owners which resulted in this portion of the design being omitted from the Bill of Quantities of the works being tendered, thus it was also omitted from the contract awarded to HES. The Ministry of Physical Development now deems in hindsight that valuable time would have been saved if better communication had been attempted at that time. In 2006 while the works were being tendered and the consultant was on-site supervising the previous works contract it became apparent that for the solution to be effective a topographical survey was required. In addition, the area had deteriorated following the passage of Hurricane Ivan. Therefore, in February 2006 the Ministry of Communications and Works requested that the contract of SWI be varied so that the consultant could undertake a topographical survey of the affected area in order to revise the designs for the proposed Dennery River / Trou A Leau Ravine which forms part of the Coastal Protection Works for the Dennery Village (SWI Report dated February 13, 2006). The Topographical survey was undertaken in June 2006 with the recommendations outlined in the report of February 13, 2006 with an estimated cost of EC$3,009,346.25.

The topographical survey was required of the area to be re-graded (immediately north of the river) which is quite flat, in order for it to be re-graded and to be able to identify the houses, etc on the survey plan. In order to achieve adequate falling grades back to the swale as proposed, the northern edge and that area is exactly where the houses are located needs to be raised. The boulder revetment along the river banks do not go all the way back to the bridge on the highway. There is therefore a gap between the end of the river bank revetment and the gabion basket river wall immediately east of the bridge. This leaves a vulnerable window between where the berm stops and the section of the river bank nearest the river, and, given the extensive rainfall experienced last year, consideration needs to be given to extend the revetment all the way back to the bridge. In order to implement this solution there are some land ownership and possible access issues, which would first have to be resolved. From the time of preparation of the designs in 2002 the land owners have now erected fences and some enclosures on lands to be re-graded in the contract. The Government of Saint Lucia (GOSL) now needs to acquire 30% the lands so that the works contractor can proceed with scope of works. 2. Description of problem

The original designs of the North embankment have reached over 90% completion. The extension of the embankment requires 6,039m2 to be acquired of the total lands of 19,895.77 m2. The Ministry of Physical Development, the Ministry of Communication and Works, SWI and the PCU agree that a 180-meter extension of the recently constructed embankment is imperative for two main reasons. First, the lands located beyond the end of the embankment will remain unprotected from both the periodic flooding of the river. Second, and equally important, the existing works will lose effectiveness, since the town’s vulnerability to major floods (as in the most recent case of Hurricane Debbie and Tropical Storm Ivan) will remain as high as it was prior to the construction of the embankment. Nevertheless, this 6,039m2 land is privately owned. In order to move forward with the request for additional financing and consequently with the proposed extension of physical works, this privately owned land would inevitably need to be acquired by the GOSL, with the purpose of carrying out public works.

3. Legal framework

The Laws of St. Lucia include a Land Acquisition Act established in 1946. The mentioned Act provides a very detailed account of the procedures enforced by the Government of St. Lucia in matters pertaining to the acquisition of land for public purposes.

Notification and Due Procedure:

3. Acquisition of Land

(1) If the Governor General considers that any land should be acquired for a public purpose3 he or she may cause a declaration to that effect to be made in the manner provided by this section and the declaration shall be conclusive evidence that the land to which it relates is required for a public purpose.

(2) Every declaration shall be published in 2 ordinary issues of the Gazette and copies thereof shall be posted on one of the building (if any) on the land or exhibited at suitable places in the locality in which the land or exhibited at suitable places in the locality in which the land is situated, and in the declaration shall be specified the following particulars in relation to the land which is to be acquired-

(a) the parish or district in which the land is situated; (b) a description of the land, giving the approximate area and such other particulars as are necessary to identify the land; (c) in cases where a plan has been prepared, the place where, and the time when, a plan of the land can be inspected; (d) the public purpose for which the land is required.

3 The Act sets forth the following definition: “For the avoidance of doubt it is hereby declared that the expression “public purpose” in this Act shall include the purpose of fulfilling any obligation of the Government, or of Her Majesty’s Government in the United Kingdom, under any treaty or agreement made by the Government or by Her Majesty’s Government, as the case may be, with the Government of any other country, territory or place, ad any purpose pertaining or ancillary thereto.” (3) Upon the second publication of the declaration in the Gazette as aforesaid the land shall vest absolutely in the Crown.

(4) This section does not prevent the acquisition of lands for public purposes by private treaty.”

Negotiations with Landowners:

7. Authorised Officer to Treat with Landowner:

(1) As soon as any declaration has been published in accordance with the provisions of section 3, the authorized officer shall without delay, enter into negotiations (or further negotiations) for the purchase of the land to which the declaration relates upon reasonable terms and conditions, and by voluntary agreement with the owner of the land. (2) It is not necessary for the authorized officer to await the publication of the declaration before he or she endeavors to ascertain from the owner the terms and conditions on which he or she is willing to sell his or her land, but no negotiations or agreement is considered to be concluded unless and until the conditions of sale and acquisition have been approved in writing by the Governor General.

Compensation evaluation:

19. Rules for Assessment of Compensation

Subject to the provisions of this Act the following rules shall apply to the assessment and award of compensation by a Board for the compulsory acquisition of land-

(a) the value of the land shall, subject as hereinafter provided, be taken to be the amount which the land, in its condition at the time of acquisition, if sold in the open market by a willing seller, might have been expected to have realized at a date 12 months prior to the date of the second publication in the Gazette of the declaration under section 3.

However, this rule shall not affect the assessment of compensation for any damage sustained by the person interested by reason of severance, or by reason of the acquisition injuriously affecting his or her other property or his or her earnings, or for disturbance, or any other matter not directly based on the value of the land.

22. Interest

The Board, in awarding compensation may add thereto interest at the rate of 6% per year calculated from the date upon which the authorised officer entered into possession of the land acquired until the date of the payment of the compensation awarded by the Board. 4. Census and characteristics of affected properties Table 1. Properties Block Name of Area of Level of Proportion Uses of Agreed Form of / household lot affectatio of land to the Value of payment Parcel head (square n (square be property land to be No. meters) meters) acquired acquired by the Crown (%) 1837B, Joseph 1,100 120 10.0 Residential * 71 Sydney 1837 Charles 2,500 150 6.0 Residential EC$31,115.50 deposited B, 72 Bryan 1837 Heirs of 4,652.73 754 16.0 Vacant EC$60,060.00 deposited C, 188 Merlanise Francis, Merland Francis and Anita Biscette 1837 Virginia and 2,600 216 8.0 Residential EC$36,068.50 Paid C, 227 Joseph Regis 1837 Madeleine 2,400 733 30.0 Residential EC$42,939.00 Paid C, 226 Biscette 1837 Catherine 3,500 1434 40.0 Residential EC$62,998.00 Paid C, Sydney 191 1837 Girard 464.4 414 89.0 Vacant 44,725.50 Paid C, Edward 193 1837 Eve Marie 278.64 93 33.0 Vacant EC$39,292.50 Paid C, Mongroo, 220 Gregory Mongroo and Desmond Mongroo as trustees 1837 Catherine 1,900 1087 57.0 Vacant EC$19,896.50 Paid C, Sydney 194 1837 77 * C, 197 1837 Alexander 500 79 15.0 Vacant * C, Xavier 198 Total 19,895.77 6039 30.0 EC$337,095.50 Total paid and deposited depoisted * These lots (and corresponding landowners) were originally identified; however they were not acquired by the Crown as they will not be affected by the works to be implemented.

See Annex 2 with the Mapping Details. The information in the above table has been validated by the Surveys Department of the Ministry of Physical of Development along with confirmation from the Property owners. The PCU will coordinate this activity and provide the necessary confirmation and information to the Bank by March 2, 2007.

5. Proposed assistance for the families

Table 2. Summary of the solutions agreed to with the affected persons Family Resettlement solution Comments code 1837B, 71 Compensation and Social The compensation will be calculated based on current Assistance market value (and values up to 12 months prior) and paid once the survey undertaken of the actual lands to be acquired. The social assistance will include the guidance of the Community Development Officer for Dennery (Ministry of Social Transformation) regarding land acquisition legislation, land owners’ rights during the process of public purchase of private land, and the details pertaining specifically to the progress of the project. 1837 B, Compensation and Social Idem. 72 Assistance 1837 C, Compensation and Social Idem. 188 Assistance 1837 C, Compensation and Social Idem. 227 Assistance 1837 C, Compensation and Social Idem. 226 Assistance 1837 C, Compensation and Social Idem. 191 Assistance 1837 C, Compensation and Social Idem. 193 Assistance 1837 C, Compensation and Social Idem. 220 Assistance 1837 C, Compensation and Social Idem. 194 Assistance 1837 C, Compensation and Social Idem. 197 Assistance 1837 C, Compensation and Social Idem. 198 Assistance

6. Institutional arrangements for the implementation and monitoring of the land acquisition plan activities

. Ministry of Physical Development: Surveys and Mapping Units, Physical Planning Section, Commissioner of Crown Lands, Registrar of Lands . Ministry of Social Transformation: Community Development Officer . PCU, Project Coordinator . Ministry of Communications and Works: Technical Unit

8. Sources of funding and estimated cost The cost of acquisition and associated administrative and logistical costs will be provided for by the Ministry of Physical Development in its Budget submissions as Land Acquisitions form part of the Planning program of the Ministry. The exact costs are not available at this time, given that, according to the Land Acquisition Act, these payments must be made before the works begin.

9. Resettlement timetable

Table 3. Land acquisition timetable Activities Dates Budget Responsible institution/human resources assigned Assignment of Community February 23, 2007 $0.00 PCU Development Officer 1st of a series of Meetings to March 1, 2007 $0.00 PCU to coordinate inform stakeholders and (Technical Officers and affected group of the designs, all Stakeholders to legal issues, rights to claims and attend role of CDO Analysis and identification of March 9, 2007 To be determined Survey and Mapping impacts of works already done. Unit and the MCW. Calculation and payment of Budgetary allocations compensation are already assigned. On going assistance with legal $0.00 CDO and a selected issues, remedial issues etc member from the affected group Publication of Notice in Gazette March 9, 2007 $0.00 Survey and Mapping Unit Follow up to Courtesy call March 16, 2007 $0.00 Survey and Mapping meeting of January 24, 2007 Unit Meeting to serve Notices to affected group Survey of actual lands acquired Insert date before To be determined To be included in HES/ the SWI contracts and paid implementation of for by PCU project works commences. budget. Budgetary allocations are already assigned within the Project. Definition of compensation and To be undertaken To be determined Survey and Mapping payment following Surveys Unit and submission of As built drawings

10. Monitoring and follow-up activities The PCU will be responsible for following up and ensuring that these activities are completed as outlined. Minutes will be kept for all meetings held and will be sent to all parties. The Bank and all other agencies will be informed by email immediately following the meetings. By March 9, 2007 compliance with the Bank Acquisition Policy will be met.

11. Grievance mechanisms The CDO will provide assistance with dealing with conflict resolution and grievance. The CDO will communicate all disputes and grievances to the PCU immediately when received.