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Reliance Bangladesh LNG Terminal Limited Resettlement Framework Project Number: 50253-001 October 2017 BAN: Reliance Bangladesh LNG Terminal Limited The resettlement framework 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. 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. Resettlement Framework for the Proposed LNG Terminal Project, Bangladesh Reliance Power Limited Final Report October 2017 www.erm.com The Business of Sustainability CONTENTS 1 PROJECT DESCRIPTION 1 1.1 INTRODUCTION 1 1.2 PROJECT DESCRIPTION 1 1.3 SCOPE OF LAND ACQUISITION IMPACTS 2 1.3.1 Reconnaissance Surveys to Identify Feasible Alignment 2 1.3.2 Preliminary Estimation of Land Acquisition & Resettlement Impacts 4 1.4 OBJECTIVE OF RESETTLEMENT FRAMEWORK 12 2 OBJECTIVES, POLICY FRAMEWORK AND ENTITLEMENTS 14 2.1 NATIONAL LAWS & REGULATIONS OF BANGLADESH 14 2.2 ADB SAFEGUARD POLICY STATEMENT, 2009 15 2.3 GAPS BETWEEN ARIPO AND ADB SPS, 2009 17 2.4 ESMF FOR IPFF ADOPTED BY PETROBANGLA 17 2.5 GAP ANALYSIS BETWEEN ADB SPS, 2009 AND ESMF UNDER IPFF 18 2.6 ELIGIBILITY CRITERIA 22 2.7 POTENTIAL IMPACTS OF PROJECT RELATED LAND REQUIREMENT & ACQUISITION22 2.8 ENTITLEMENT MATRIX 23 3 SOCIO-ECONOMIC INFORMATION 27 3.1 SOCIAL IMPACT ASSESSMENT SURVEY 27 3.2 VALUATION OF ASSETS & LOSSES 28 3.2.1 Land 28 3.2.2 Trees 28 3.2.3 Crops 28 3.2.4 Replacement Cost Calculation 29 3.2.5 Loss of Income 29 4 CONSULTATION, PARTICIPATION AND DISCLOSURE 30 4.1 CONSULTATION PARTICIPATION 30 4.2 DISCLOSURE 31 5 GRIEVANCE REDRESS MECHANISM 32 5.1.1 Grievance Redress Committee 32 6 INSTITUTIONAL ARRANGEMENT 33 7 BUDGET AND FINANCING 34 7.1 RESETTLEMENT PLAN BUDGET 34 7.2 INDICATIVE RESETTLEMENT BUDGET 34 7.2.1 Estimated Land Cost 34 ERM RELIANCE POWER: KUTUBDIA LNG PROJECT, RESETTLEMENT FRAMEWORK PROJECT # 0360434 OCTOBER 2017 I 7.2.2 Estimated Cost for Standing Crops & Loss of Livelihood 36 7.2.3 Total Estimated Cost of R&R 37 8 MONITORING & REPORTING 38 8.1 INTERNAL MONITORING 38 8.2 EXTERNAL MONITORING 38 LIST OF TABLES Table 1.1 Summary of Land Requisition & Acquisition for Pipeline Route & CTMS 6 Table 1.1 Land Holding Sizes along the Proposed Pipeline Corridor 7 Table 1.3 Land use Classification of the Land Acquisition & Requisition 7 Table 1.4 Potential Social Impacts Assessed for Spur Gas Pipeline and CTMS Facility 12 Table 2.1 Gaps Analysis: ADB SPS, 2009; GoB, ARIPO & ESMF under IPFF 18 Table 2.2 Draft Entitlement Matrix for Land Requisition & Acquisition by Petrobangla for LNG Terminal Project, Kutubdia, Bangladesh 24 Table 7.1 Project Related Permanent Land Cost as per Mouza Rates 35 Table 7.2 Estimated Replacement Cost Pipeline Route & CTMS related Permanent Land 35 Table 7.3 Estimated Cost for Loss of Livelihood due to Standing Crops, Trees & Salt Pan Activities on Land to be acquired on permanent basis 36 Table 7.4 Estimated Cost for Loss of Livelihood due to Standing Crops, Trees & Salt Pan Activities on Land to be required for Erection of the Pipeline 37 Table 7.5 Estimated Cost of R&R for the Project related Land 37 LIST OF FIGURES Figure 1.1 Reconnaissance Survey based Four Alternative Pipeline Routes 3 Figure 1.2 Land uses Along the Selected Alignment B 3 Figure 1.3 Continued Agriculture Use After Laying of GTCL’s Pipeline at Napura 5 Figure 1.3 Pillars shown of Already Erected Pipeline of GTCL (on 8 m Permanently Acquired Corridor) 5 Figure 1.5 Google Earth Image showing location of Project Site (offshore LNG Terminal & Connecting Onshore Subsurface & Subsea Pipeline Route) 9 Figure 1.6 Proposed Spur Gas Pipeline Route 10 LIST OF ANNEXES Annex 1: Example Reference of Environmental and Social Management Framework for Infrastructure Projects under Investment Promotion and Financing Facility, Bangladesh Bank Annex 2: Initial Information on Land Requisition and Permanent Acquisition Proposed for Onshore Spur Gas Pipeline Annex 3: Mauza Rates for Kutubdia and Banaskhali Upazilas ERM RELIANCE POWER: KUTUBDIA LNG PROJECT, RESETTLEMENT FRAMEWORK PROJECT # 0360434 OCTOBER 2017 II Abbreviations ADB Asian Development Bank ADC Additional Deputy Commissioner AP Affected Person ARIPO The Acquisition and Requisition of Immovable Property Ordinance, 1982 CCL Cash Compensation under Law CTMS Custody Transfer Metering system DC Deputy Commissioner DP Displaced Person ESIA Environmental Social Impact Assessment FSRU Floating Storage and Regasification Unit GRC Grievance Redress Committee GRM Grievance Redress Mechanism GTCL Gas Transmission Company Limited LNG Liquid Natural Gas NOC No Objection Certificate RF Resettlement Framework RP Resettlement Plan RLNG Re-gasified Liquid Natural Gas SPS Safeguard Policy Statement UNO Upazila Nirbhahi Officer ERM RELIANCE POWER: KUTUBDIA LNG PROJECT, RESETTLEMENT FRAMEWORK PROJECT # 0360434 OCTOBER 2017 III 1 PROJECT DESCRIPTION 1.1 INTRODUCTION 1. Reliance Power Limited through their subsidiary in Bangladesh, Reliance Bangladesh LNG Terminal Limited, (hereinafter also referred to as RBLTL or the Project Proponent) plans to establish a LNG storage and re- gasification facility of up to 5.0 million tonnes per annum (MMTPA) capacity with peak send out gas of 750 million standard cubic feet per day (MMSCFD). There will be LNG storage of 137,000 m3 to 216,000 m3 in Floating Storage and Regasification Unit (FSRU) located offshore Kutubdia Island with connecting pipeline up to metering station at Napura, Banskhali in Cox’s Bazar region of Bangladesh. Reliance Power Limited through another subsidiary in Bangladesh, Reliance Bangladesh LNG and Power Limited (RBLPL), has strategic plans to establish itself as an Independent Power Producer (IPP). RBLPL proposes to develop a combined cycle gas based power plant of capacity 750 MW (Natural Gas/regasified Liquid Natural Gas i.e. RLNG based) in Bangladesh to meet the existing power shortage and the demand-growth in future years. 1.2 PROJECT DESCRIPTION 2. The LNG Terminal is proposed to be located offshore Kutubdia Island Upazila in Cox’s Bazar District of Bangladesh. The Kutubdia Island is isolated from main shore of Bangladesh. There is no direct road access to this island. The Kutubdia Channel has to be crossed to reach the island. The proposed facility is being planned as offshore Floating Storage and Regasification Unit (FSRU) with 2 km subsea pipeline (from FSRU to Kutubdia Island) connecting to spur pipeline (of ~16 km) from Kutubdia Island up to custody transfer metering station (CTMS) proposed to be located at Napura, Banshkhali to connect gas into the GTCL’s main gas grid pipeline of Moheshkhalli – Anwara Section. 3. The LNG Terminal will include the following (refer to Figure 1.5& Figure 1.6): Marine component off Kutubdia Island comprising of - • Twin (double berth) jetty with topside to be located offshore 1.5 km to the west of Kutubdia Island with 0.5 MW gas based power generation; • Floating Storage and Regasification (FSRU) of storage capacity of 137,000 m3 to 216,000 m3 with 10 MW of onboard gas based power generation; • Re-gasification onboard FSRU with 750 MMSCFD peak send out gas (RLNG) capacity; • High pressure 30 inches diameter subsea re-gasified LNG (RLNG) pipeline of ~2 km length; ERM RELIANCE POWER: KUTUBDIA LNG PROJECT, RESETTLEMENT FRAMEWORK PROJECT # 0360434 OCTOBER 2017 1 Onshore facilities • Subsurface and subsea spur gas pipeline of ~16 km length (30 inches diameter) connecting from Kutubdia Island to custody transfer metering station (CTMS) through Valve Station no. 2 located at Napura, Banskhali from where it will be connected into the GTCL’s national gas grid pipeline of Moheshkhalli – Anwara Section. The pipeline length of ~16 km also includes 2.7 km of subsea pipeline length passing through Kutubdia Channel. The CTMS at Napura will also have a small 0.5 MW (500 kWh) of gas based power generating unit and pipeline pigging facility. 4. The LNG terminal with offshore FSRU will be connected up to Kutubdia Island by ~2 km subsea pipeline and ~16 km spur gas pipeline from Kutubdia Island to CTMS at Napura, Banskhali, for transmitting RLNG into GTCL’s national grid gas pipeline - Moheshkhalli – Anwara Section. The subsea/subsurface pipeline will be laid using horizontal directional drilling (HDD) methodology. 1.3 SCOPE OF LAND ACQUISITION IMPACTS 1.3.1 Reconnaissance Surveys to Identify Feasible Alignment 5. A reconnaissance survey to identify the most feasible alignment connecting the Kutubdia Island to CTMS proposed to be located at Napura was undertaken. The reconnaissance surveys identified four alternative alignments as shown in Figure 1.1. Alignment B was identified as the most feasible alignment based on technical, social and environmental considerations. The identified Alignment B passes through minimal agricultural lands and will not result in physical displacement impacts along the entire length. The output of the reconnaissance survey will form direct input for the detailed surveys and design of the pipeline to be carried out in 2018. Figure 1.2 presents the nature of land uses along different sections of the alignment B. The land uses along the selected alignment in different sections are homogenous with little or no built up areas or structures along the entire alignment. While the alignment passes through barren lands, salt pans and few fish ponds and agricultural fields in the stretch within Kutubdia Island, the land use is predominantly agriculture in the stretch in the mainland up to the Napura valve station. ERM RELIANCE POWER: KUTUBDIA LNG PROJECT, RESETTLEMENT FRAMEWORK PROJECT # 0360434 OCTOBER 2017 2 Figure 1.1 Reconnaissance Survey based Four Alternative Pipeline Routes Source: Reliance Power Figure 1.2 Land uses Along the Selected Alignment B ERM RELIANCE POWER: KUTUBDIA LNG PROJECT, RESETTLEMENT FRAMEWORK PROJECT # 0360434 OCTOBER 2017 3 1.3.2 Preliminary Estimation of Land Acquisition & Resettlement Impacts 6.
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