Issues of Land Acquisition and Resettlement

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Issues of Land Acquisition and Resettlement RESETTLEMENT PLAN NABOUWALU ROAD Draft Supplementary Appendix to the Report and Recommendation of the President to the Board of Directors on the FOURTH ROAD UPGRADING (SECTOR) PROJECT REPUBLIC OF THE FIJI ISLANDS This Report was pre pared by the Borrower and is not an ADB document September 2005 1 SHORT LAND ACQUISITION AND RESETTLEMENT PLAN: NABOUWALU ROAD A. Background 1. The Nabouwalu Road is a core FRUPIV sub-project. Upgrading will promote social and economic development and reduce the poverty and isolation of disadvantaged groups. The project will lower travel costs, reduce journey times and contribute to commercial, employment and income generation activities. The road is also one of the few remaining strategic links in the national network that has yet to be sealed. It is part of the connection to the shorter of two sea crossing points from Vanua Levu to Viti Levu. Nabouwalu is an important ro-ro ferry terminal. 2. The project will be financed under an ADB loan with counterpart funding from the Government of Fiji. 3. This Land Acquisition and Resettlement Plan has been prepared on the basis of the following legal and policy requirements: (i) the State Acquisition of Lands Act (SALA) of Fiji (Chapter 135 of Laws of Fiji); (ii) the ADB Operations Manuals: Bank Policies: Involuntary Resettlement (F2/BP) and Operational Procedures): Involuntary Resettlement (F2/OP) and (iii) the ADB Handbook on Resettlement: A Guide to Good Practice; and (iv) the Resettlement Framework in Appendix 15. B. Description of the Project and Scope 4. The study section of the Nabouwalu Road commences 200 metres south of the Dreketi Health Centre (designated chainage 0.00) and ends at the junction to the Nabouwalu ferry jetty at chainage at 69.26 km. The improved road will be 68.9 km. 5. The topography of the country from Dreketi to the west side of the Lekutu River (km 0 to 30) is gently rolling, becoming flat where the major valleys are crossed. A section of steeply rolling to hilly terrain is present between the Lekutu Valley and Bua (km 30 - 45) on the west coast. Then the coastal road from Bua to Nabouwalu (km 45 - 69) is once again gently rolling. 6. The project is located in the middle rainfall zone of Vanua Levu, with a mean annual rainfall of 2,600 mm. The climate of the area is characterised by a dry season from May through to December. 7. The Nabouwalu Road is the sole arterial road for the districts of Bua and Vuya in Bua Province and all inhabitants of these districts are more or less dependent on the road. The road also connects Labasa with the port of Nabouwalu from which goods, vehicles and people are transported between Viti Levu and Vanua Levu. The road is subjected to commercial vehicle loading. It serves areas of forestry and farming. 8. The landscape surrounding the upgrade area consists mostly of pasture land, pine forest, and degraded grasslands. There are also some small areas of mature vegetation and of mangrove directly adjacent to the road. According to discussions with the Department of Agriculture1, the soils are predominantly classified as marginal. Areas of fertile soil are readily identified because of the presence of agriculture or gardening. Agriculture is small scale and without significant intensification. The communities subsist off their crops as well as selling a 1 Pers. Comm. Atish Prasad, Land Classification Unit, Department of Agriculture, Nabua, 3 August 2005. 2 portion of them. Approximately 90% of both Fijian and Indo-Fijian interviewees reported that most of their food was home grown. 9. Resettlement impacts will be confined to those associated with the acquisition of an about 3.0 metre strip on either side of the existing Right-of-Way and with minor realignments to accommodate improved safety. The upgraded road will be 7.3 metres wide with two 1.5 metre shoulders. The rehabilitated horizontal and vertical road alignment will, however, closely follow the existing alignment. There will consequently also be a requirement for compensation for the loss of crops and trees. It will be possible to avoid all resettlement and the destruction of primary2 structures. However, a provision for unanticipated lost structures of various types is included should there be unforeseen impacts in any sub-project. For the same reason, also included in the entitlement matrix is a general category “unanticipated impact”. C. Rights of Way and Impacts 10. Resettlement impacts and compensation needs of potentially Affected Persons (APs) were assessed by survey along both sides of the ROW. It has not yet been finally determined which side of the ROW will be most affected. The planned widening and alignment works will result in the need to acquire about 54 ha. 11. The survey, which was simultaneous with the detailed social analysis and socio- economic impact surveys, also assessed public reactions to the project in terms of positive and negative impacts. Land ownership was established using plans provided by the Department of Lands and Survey (DLS). Plot by plot results are shown on Attachment 1 – owners names and the uses made of individual plots have, however, not yet been established, but information is now being sought from the DLS and will be available by the time of Appraisal and provided as Attachment 2. There are many small residences and farmed properties that abut the road. Villages and settlements, however, lie behind the road and often behind hills, rivers and the first belt of cultivated lands. 12. On the two sides of the 69 km road there are presently: (i) 35 native blocks, (ii) 4 native Schedule A3 blocks; and (iii) 38 freehold blocks. 13. Two villages, 11 settlements (including a number of stores) and a number of small residences and farmed properties lie close to the road. In a number of locations, rice paddies or small crops of pineapple, coconut, root crops or other local produce are directly adjacent to the ROW. There are also (i) five schools; (ii) three temples/mosques; and (iii) the Bua Health Centre with premises alongside, albeit set-back from the edge of the ROW. The premises of this latter institution come closest to the edge of the ROW and are about five APs from the edge of the existing road. In a number of locations, telephone poles are located directly alongside the road (kms 52.4; 62.2 and 66.5) and in some cases poles have fallen (km 66.5). There are three locations where graves are found alongside the road (km 28.7; 67.8 and 53.8). There are also three instances where residences sit opposite each other or opposite small plantations or areas of mangrove and where parts of the house plot, though not the structures may need to be acquired (kms 42.1, 43, and 67). 2 Primary structures are considered to be buildings used as residences, shops, buildings with community purposes (schools, clinics, churches, mosques or temples) and those used as principal places of work. Secondary structures are considered to be sheds, animal pens, out-houses, fences etc.. 3 Schedule A land is land whose mataqali have become extinct and is under state property until custody can be properly allocated. 3 14. Nine other schools are located within two kilometers of the road. Ten other settlements and 11 villages lie between 0.5 and two kilometers from the road and three more villages lie within 18 km of the road (see Attachment 3). 15. The upgraded road will be able to avoid all the relocation of all primary structures – though there may be the need to relocate out-houses, sheds and fences. When primary structures come close to the road edge there is undeveloped land of low agricultural value opposite. Areas that will require particular attention during the detailed design phase, but where problems can be avoided, include the previously mentioned five schools which have the edges of their playgrounds some 5 to 10 metres beyond the edge of the existing road. These schools already complain of flying stones and dust posing a health and safety risk to students and staff. Detailed design will need to factor in the required distance between a major road and school playground and/or provide safety features, typically speed controlling narrowing, humps and barriers. If land is acquired, replacement land contiguous with the existing school premises will also have to be provided. This should not however be a problem. 16. In the area around the Bua Central College school where the edge of the playground comes to within 5 to 10 metres of the edge of the road there are also structures opposite – though these are again some 5 to 10 metres from the opposite road edge. While there is sufficient space for the widened road, there will, in this case, be a need for the aforementioned proper speed control measures. Barriers will also be required alongside the school premises. The grounds of the Wainisevu Methodist Circuit School (km 68.4) also begin some 5-10 metres from the edge of the existing road. In this case, there are foreshore mangroves on the opposite side. In order to avoid the mangroves, this 5-10 AP strip may, thus, be required, bringing the edge of the school premises close to the upgraded road. This is again not seen as a problem if proper speed control measures are introduced and barriers are erected alongside the school premises. The Waibunabuna Primary school where the edge of the playground comes to within 5 to 10 APs of the edge of the road also faces a house and small cemetery (chainage 28.7 km), though the edges of these premises are again all set back 5 to 10 APs.
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