Ii Jacobs Rp316
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!II JACOBS RP316 RACIBORZ FLOOD RESERVOIR Public Disclosure Authorized Resettlement Action Plan Public Disclosure Authorized DRAFT Public Disclosure Authorized Public Disclosure Authorized March 2005 JACOBS Document control sheet Form IP180/B Client: PCU Project: Odra Flood Mitigation Job No: J24201A Title: Draft Resettlement Action Plan Prepared by Reviewed by Approved by ORIGINAL0 NAME NAME NAME P Devitt L J S Attewill see list of authors H Fiedler-Krukowicz J Loch | DATfE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE This report, and infonnabon or advice which it contains, is provided by JacobsGIBB Ltd solely for internal use and reliance by its Cient in performance of JacobsGIBB Ltd's duties and liabilities under its contract with the Client Any advice, opinions, or recomrnendatons within this report should be read and retied upon only in the context of the report as a whole. The advice and opinions in this report are based upon the information nmadeavailable to JacobsGIBB Ltd at the date of this report and on current UK standards, codes, technology and constnuction practices as at the date of this report. Folloving final delvery of this report to the Client, JacobsGIBB Ltd will have no further obligations or duty to advise She Client on any mafters, including developrrient affecting the information or advice provided in ths report This report has been prepared by JacobsGIBB Ltd in their professional capaaty as Consuhing Engineers The contents of the report do not, in any way, purport to include any mranner of legal advice or opinion This report is prepared in accordance wrth the terms and conditions of JacobsGIBB Ltd's contract with the Client. Regard should be had to those terrs and conditions when considering and/or plaong any reliance on this report Should the Client wish to release this report to a Third Party for that partVs reliance, JacobsGIBB Ltd may, at its discretion, agree to such release provided that: (a) JacobsGIBB Ltd's wntten agreement is obtained pnor to such release, and (b) By release of the report to the Third Party, that Third Party does not acquire any rghts, contractual or otherwse, whatsoever against JacobsGIBB Ltd, and JacobsGIBB Ltd accordingly assume no duties, liabilities or obligations to that Third Party, and (c) JacobsGIBB Ltd accepts no responsitlity for any loss or darrage incuned by the Client or for any conflict of JacobsGIBB Lttts interests aesing out of the Clienrs release of this report to the Third Party. JACOBS Authors The Report ,,Resettlement Action Plan" for Raciborz flood protection reservoir project has been prepared by consortium of JacobsGIBB Ltd. and JacobsGIBB Polska. Following authors contributed to RAP: * JacobsGIBB Ltd team: - Laurence Attewill - Paul Devitt - Ros Vincent - Karina Zachodni * JacobsGIBB Polska team: -Jakub Loch - Joanna Tomaszkiewicz - Hanna Fiedler- Krukowicz - Julia Cichon - Krzysztof Czechowski * property surveyors team: - Ryszard Szymkiewicz - Leszek Krawczyk - Monika Burghart * lawyers team: - Anna Szczurek - Pawel Kaminski * sociologists team: - Katarzyna Puchalska - Pawet Kuczynski * computer systems and data bases team: - Bartosz Czyzkowski - Aleksandra Paterek - Michat Juda JACOBS Contents I General Information about Raciborz Project 1-1 1.1 Project Description 1-1 1.1.1 Background 1-1 1.1.2 The existing flood protection scheme 1-1 1.1.3 The planned reservoir 1-1 1.1.4 Objective 1-2 1.1.5 Social Impact 1-2 1.2 Project area 1-2 1.2.1 Total reservoir footprint 1-2 1.2.2 Area required for reservoir construction 1-3 1.2.3 Areas of buildings within the reservoir 1-3 1.2.4 Other areas within the reservoir 1-3 1.3 Minimising resettlement 1-3 1.3.1 Alternative embankment alignment 1-3 1.3.2 Other alternatives 1-4 1.3.3 Reservoir area not required for construction 1-4 1.3.4 Summary 1-4 1.4 Decisions already taken 1-4 2 Socio economy 2-1 2.1 Socioeconomic data 2-1 2.1.1 The villages and their past 2-1 2.1.2 Population and demography 2-2 2.1.3 Economy and employment 2-3 2.1.4 Land use and agriculture 2-6 2.1.5 Infrastructure 2-7 2.1.6 Access and transport 2-9 2.1.7 Communal Facilities 2-10 2.1.8 Education and healthcare 2-10 2.1.9 Church and cemetery 2-10 2.1.10 Historical and cultural features 2-10 2.2 Built assets 2-11 2.2.1 General 2-11 2.2.2 Residential buildings 2-11 2.2.3 Farm- and other ancillary buildings 2-12 2.2.4 Commercial buildings 2-12 2.2.5 Community assets 2-12 2.3 Natural assets 2-13 2.3.1 Woodland habitats 2-13 2.3.2 Gravel excavation 2-14 2.3.3 Tourism opportunities 2-14 2.4 Categories of impacts and people affected 2-14 2.4.1 Resident Project-Affected Persons 2-15 2.4.2 Resident Project-Affected Families 2-17 JACOBS 2.4.3 Land owners 2-18 2.4.4 Businesses 2-21 2.4.5 Lubomia Gmina 2-21 2.4.6 The church 2-22 2.4.7 ARKA Hostel for the Homeless 2-22 2.5 Public consultations 2-23 2.5.1 Background 2-23 2.5.2 Residents opinion poll 2-24 2.5.3 Public meetings with Nieboczowy and Ligota Tworkowska residents 2-24 2.5.4 Defence Committee 2-25 2.5.5 Land owners 2-27 2.5.6 Individual consultations with owners of sold property 2-28 2.5.7 Other consultations (local institutions) 2-29 2.6 Conclusions 2-30 3 Legal Framework 3-1 3.1 Introduction 3-1 3.2 Polish law applicable to resettlement 3-1 3.2.1 Definitions 3-1 3.2.2 Legislation 3-1 3.2.3 Voluntary resettlement 3-1 3.2.4 Involuntary resettlement 3-2 3.3 World Bank policies 3-2 3.3.1 Objectives 3-2 3.3.2 Eligibility 3-3 3.3.3 Compensation 3-3 3.4 Gaps between local laws and World Bank policies 3-3 3.4.1 Eligibility 3-3 3.4.2 Compensation 3-3 3.4.3 Adoption of World Bank Policies 3-4 3.5 Proposed entitlement policy 3-4 3.5.1 Eligibility 3-4 3.5.2 Compensation 3-4 3.6 Method of evaluation 3-4 3.6.1 Legal aspects 3-4 3.6.2 Method 3-5 3.6.3 Houses already purchased 3-5 3.7 Compensation entitlements 3-5 3.7.1 Residents 3-5 3.7.2 Land owners 3-6 3.7.3 Other PAP's 3-7 3.7.4 Religious property 3-7 3.7.5 Summary 3-7 4 Implementation 4-1 4.1 House purchase 4-1 4.1.1 Voluntary house purchase 4-1 JACOUS*08 4.1.2 Involuntary house purchase 4-1 4.1.3 Illegal tenants 4-2 4.2 Land acquisition 4-2 4.3 Resettlement village 4-2 4.4 Allocation of responsibilities 4-3 4.4.1 RZGW4-3 4.4.2 Voivodship 4-3 4.4.3 Starosty (Poviat) 4-4 4.4.4 State Poviat Sanitary Inspector 4-4 4.4.5 Gmina 4-4 4.4.6 Agriculture Real Property Agency (ARPA) 4-4 4.4.7 Church authorities (Curia) 4-4 4.4.8 NGO's 4-5 4.5 Coordination and management 4-5 5 Resettlement village 5-1 5.1 Introduction 5-1 5.2 Description of possible sites 5-1 5.2.1 Lubomia - Paprotnik 5-1 5.2.2 Lubomia-Zagrody 5-1 5.2.3 Syrynia-Dabrowa 5-2 5.3 Village layouts 5-2 5.3.1 AGO-Projekt proposals 5-2 5.3.2 Recommended layout 5-3 5.4 Provision of public services 5-3 5.5 Cost of houses and infrastructure 5-3 5.5.1 Land 5-3 5.5.2 Infrastructure 5-4 5.5.3 Buildings 5-4 5.5.4 Summary 5-4 6 Cost estimates 6-1 6.1 General 6-1 6.2 Houses and associated property 6-1 6.3 Resettlement village 6-2 6.4 Other buildings 6-3 6.4.1 Public buildings 6-3 6.4.2 Religious property 6-3 6.4.3 Commercial property 6-4 6.5 Infrastructure 6-4 6.6 Land 6-4 JACOBS 6.7 Legal, evaluation and administration 6-5 6.8 Summary 6-5 6.9 Cash flow and schedule 6-5 6.9.1 Cash flow 6-5 6.9.2 RAP Implementation schedule 6-6 7 Participation and consultation 7-1 7.1 Communication 7-1 7.1.1 Written communication 7-17-2 7.1.2 Media 7-2 7.1.3 New web site 7-3-7-4 7.2 Participation in design of resettlement village 7-37-4 8 Grievance redress 8-1 8.1 Grievance procedure according to Polish regulations 8-1 8.2 Appeals to international bodies 8-1 9 Monitoring and evaluation 9-1 9.1 Monitoring 9-1 9.1.1 Need 9-1 9.1.2 Methodology 9-1 9.2 Independent evaluation 9-1 10 List of sources used 10-1 List of Figures 1.1 Plan of Reservoir 2.1 Land use in the Reservoir Area 5.1 Location of resettlement villages Appendix A - Socio -economic database Appendix B - Legal framework Appendix C - Property evaluation and cost estimates Appendix D - Public opinion documentation Appendix E - Proposals for public related actions JACOBS 1 General Information about Raciborz Project 1.1 Project Description 1.1.1 Background Large floods on the Odra and its tributaries are frequent: four floods were recorded in th the 19 century and twelve in the 2 0 th, that of July 1997 being the largest ever recorded.