E1141
Public Disclosure Authorized REPUBLIC OF ALBANIA
MINISTRY OF TERRITORIAL ADJUSTMENT AND TOURISM Public Disclosure Authorized Albania Coastal Zone Development and Clean-up Program
Environment and Social Safeguards Public Disclosure Authorized Framework (Phase I)
Public Disclosure Authorized April 20, 2005 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework
Albania Coastal Zone Development and Cleanup Program Environment and Social Safeguards Framework (Phase I)
Table of Contents 1. Introduction ...... 1 2. Background ...... 2 2.1. Urbanization and Land Use ...... 2 2.2. Lack of Adequate Infrastructure ...... 2 2.3. Protection of the Physical and Natural Environmental...... 2 2.4. Pressures on Biodiversity and Areas of Nature Protection ...... 3 2.5. Unsustainable Use of Natural Resources ...... 3 2.6. Land Ownership...... 4 3. Project Description ...... 7 4. Environment Safeguards ...... 8 4.1. Description of the Legal, Institutional and Administrative Framework ...... 9 4.1.1. Albanian Legal Provisions...... 9 4.1.2. Administrative Framework ...... 10 4.1.3. Comparison with World Bank Policies ...... 11 4.1.4. Guidelines and Procedures...... 13 4.2. Operational Procedures for Environmental Assessments ...... 15 4.2.1. Public Consultation and Information Disclosure ...... 15 4.2.2. Environmental Management Plan ...... 18 4.2.3. Implementation and Monitoring of an EMP...... 19 4.3. Generic Potential Environmental Issues ...... 20 4.3.1. Solid Waste Component ...... 20 4.3.2. Porto Romano Component...... 22 4.3.3. Saranda Port Component ...... 27 4.3.4. Coastal Village Conservation and Development Component...... 31 4.4. Alternatives to each Component or Sub-project...... 33 4.5. Mitigation Measures...... 33 4.5.1. Solid Waste Component ...... 34 4.5.2. Porto Romano Component...... 35 4.5.3. Saranda Port Component ...... 35 4.5.4. Coastal Village Conservation and Development Component...... 37 5. Social Safeguards...... 53 5.1. Resettlement Policy...... 53 5.1.1. Policy Framework ...... 53 5.1.2. Operational Steps...... 57 5.2. Process Framework for Butrint National Park...... 61 5.3. Resettlement Plan, Porto Romano Hot Spot...... 62 6. Cultural Assets...... 69 6.1. Description of the Legal, Institutional and Administrative Framework ...... 69 6.1.1. Albanian Legal Provisions...... 69 6.1.2. Administrative Framework ...... 69 6.1.3. Comparison with World Bank policy and European Treaties ...... 71 6.2. Guidelines & Procedures...... 72 7. Public Disclosure of the ESSF ...... 76 7.1. Public Discussion of ESSF...... 76 7.2. Public Access to ESSF ...... 76
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Annexes Annex 1: Types of projects relevant to the ICZMCP that appear in the Law on EIA Appendices and other Documents...... 78 Annex 2: Model Forms for an Environmental Management Plan...... 82 Annex 3: Environmental Assessments and Checklists ...... 84 Annex 4: Documents required for Issuing of a Construction Permit...... 89 Annex 5: Minutes of ESSF Consultation Meetings...... 90 Annex 6: Land Acquisition - Legal Provisions...... 102 Annex 7 Photographs of proposed property & surrounding area, Shkozet, Durres ...... 103
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Introduction This document presents the Environment and Social Safeguards Framework (ESSF) for Phase 1 of the proposed Albania Coastal Zone Development and Cleanup Program, entitled Integrated Coastal Zone Management and Clean-up Project (ICZMCP). The main purpose of the ESSF is to be a tool for ensuring that the infrastructure sub-projects implemented through the ICZMCP comply with the existing laws, regulations and customs in Albania as well as with the Bank’s Operation Policies on Environmental Assessment, Involuntary Resettlement and Cultural Heritage, and will not have a lasting adverse impact on the country’s population, the natural environment or assets of particular cultural value.
A summary of the possible environmental and social issues and mitigation measures is presented in the chapters that follow. The budget for implementing the ESSF has been included in the project cost, and includes funds for conducting site-specific EIAs, capacity building and EIA and SEA training for MoTAT (including the Project Coordination Unit (PCU) and any implementation teams established for the various components1) and local government staff, the salary of the Environmental Officer of the Project Coordination Team (PCT), and the cost of monitoring.
1 As appropriate any further mention of the Project Coordination Unit shall be deemed to include any Implementation Team that might be established for local support and monitoring of its respective Project component.
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Background Although the coastal regions of Albania have been commonly recognized as the country’s most valuable development asset since the 1990s, many unfavorable phenomena have continued to prevail during the transition to democracy, along with new detrimental development trends described below.
Urbanization and Land Use
Haphazard / unregulated urbanization. Uncontrolled urbanization is presently the single most important development issue facing the Southern Albanian coast. Its consequences include loss of land, natural resources and valuable landscapes; inadequate urbanization -including sprawl development, and speculative and illegal building; lack of infrastructure and poor sanitation standards.
Illegal building. Illegal building is widespread phenomena throughout the coastal area. Also, although the legality of a building does not guarantee that it will be acceptable and in accordance with the good building/urban and land use planning practice, respect for the law and territorial development plans (which are the “building law” for the zone) is a necessary precondition for orderly development.
Cultural and natural heritage. The traditional ambience of the cities and villages along the coast has been carelessly and irreversibly degraded by new developments that frequently ignore traditional urban/architectural patterns. Attractive pristine natural landscapes are often damaged by careless introduction of the aesthetically inappropriate developments.
Sprawl development. Sprawl development along the coast, as opposed to compact settlements, wastes valuable coastal land and resources. In addition it makes provision of infrastructure much more difficult and expensive. Phasing and clustering of developments would decrease the areas to be served, making the work easier and reducing costs.
Lack of Adequate Infrastructure
Transportation infrastructure. The present road and port infrastructure in the coastal area is completely incompatible with the vision of the high-quality tourism. Many roads are in poor condition, and illegal or ill-planned buildings in many places hamper possible road improvements. Infrastructure for nautical tourism remains non-existent.
Energy supply. Energy shortages are still common. Despite the Southern Region receiving preferential treatment over the past years, some power cuts continue. The middle part of the Southern coastal region is the most affected.
Water supply. The region has large freshwater resources. However, inadequate (old and poorly-maintained) distribution networks, in conjunction with increasing demand from tourism, could result with water shortages problems in the future.
Protection of the Physical and Natural Environmental
Solid waste management. Generally there are no appropriate solid waste management systems anywhere in Albania. Only 50-70 % of the waste collected in the cities is disposed of at designated landfills, which are usually simple dumpsites. The remainder, along with m ost town and village waste, is usually tipped indiscriminately at the nearest available site,
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Large-scale construction work in some areas, especially in Saranda, and the illegal dumping of the construction waste, has created additional pressure on environment coming from. It is not unknown for waste to be dumped along the shoreline, and as it is not removed and it takes a long time to degrade the coastline is affected for a considerable time.
Wastewater management. The widespread lack of basic infrastructure in the region causes the relatively small population and the low economic activity to have a relatively high impact on the environment. Only Vlora and Saranda have any kind of sewerage network, and whilst the coverage of both networks being improved neither has 100% coverage. Only Vlora has any kind of treatment facility, however a collector sewer and a longer sea outfall recently constructed in Saranda have improved seawater quality in the harbor. Elsewhere, wastewater is put into the ground, into valleys or rivers that discharge to the sea, or is discharged directly into the sea.
There is no systematic monitoring of the seawater quality on the beaches. However, areas with inadequate underwater outfalls are well known to the local population and are avoided.
Pollution from ships. Vlora Regional Administration ranks oil spills from passing ships amongst its major concerns. The proximity of the ship routes to the shore and unfavorable current patterns that transport pollution to shores of the southern region add to the problem.
Industrial pollution. Industrial pollution has decreased rapidly since collapse of the former socialist economy, and closing of the majority of polluting industries. However, threats are still present, both from the abandoned former industrial sites and from newly planned plants. Porto Romano is considered one of the most contaminated locations in the Balkans, and suffers from soil and groundwater contamination caused by former chemical plant. Fortunately, further to the south there was practically no industry during the socialist era. The area therefore has the advantage of a comparatively unaffected natural environment.
Pressures on Biodiversity and Areas of Nature Protection
The legislative framework for nature protection and protection of biodiversity has improved considerably since the early 1990s. However, the capacity to implement the laws remains weak, especially in the face of strong development pressures in some areas. The greatest current threat to biodiversity in the coastal area is associated with the rapid development of housing, infrastructure, and tourism capacity in this area, and the lack of any significant effort to avoid the most sensitive environments.
Unsustainable Use of Natural Resources
Quarries. Many new legal quarries have been open in the area (especially around Saranda) as result of the market demand for the construction material. There is a significant number of illegal quarries too. At the same time, there is no evidence of attempts to reuse excavated material, consequently it is dumped indiscriminately as construction waste, including on the shoreline and in the sea, causing additional pressure on the environment and landscape.
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Agriculture and forestry. The widespread drainage and reclamation of swamps, clearing of forests for new agricultural land, terracing and the establishment of fruit tree plantations, cultivation of pastures, during the socialist period, had a strong adverse impact on biodiversity. This has changed as agriculture has lost its previous importance in 1990s, and now there are huge abandoned and completely neglected areas under the olive groves in the region. Overgrazing remains problem, as the number of livestock (mainly sheep and goats) has continued to increase. Rural poverty, exacerbated by the economic collapse in 1997, has resulted in severe damage to forests from illegal logging. Combined with the problem of overgrazing, which prevents forest regeneration, deforestation, with all its consequences, is one of the major environmental problems in Albania.
Land Ownership
Land ownership along the coastal strip is still disputed with the government, and is proving to be a critical constraint to development. The unresolved issues of restitution and compensation are particularly problematic along the Vlora - Saranda coastline and have prevented the process of First Registration of Immovable property from being completed.2
The Law 7501 On Land, dated 19.07.1991, recognized private property rights for the first time in over 50 years. Under the Law, rather than restituting such land to its former owners, land and property was distributed based on the “Principle of Equality” to the families living on the cooperative and state farms in July 1991. Local Land Commissions were responsible for determining who received each parcel of land according to the available agricultural land and the number of persons living on land at the time.
According to Law 7699 On Compensating Former Owners for the Value of Agricultural Land, dated 15.04.1993, compensation was the only remedy for former owners not resident on the land at the time. The State Committee on Restitution and Compensation of Property to Ex-Owners, with branches in every district, was responsible for determining claims for compensation. This law proved to be very controversial and has never been implemented.
The former owners of the land claim that Law 7501 violates their property rights, and is thus in violation of the Albanian Constitution and the European Convention on Human Rights. At its most extreme, the former owners are calling for complete abrogation of the Law.
There have been many discussions and debates regarding agricultural land division. Opponents of Law 7501 claim that its implementation in rural areas is less than 50% and, in the North particularly, farmers have returned to old boundaries. Although this argument is technically true, legal documents were issued under the authority of Law 7501 and legal title has been registered in the Immovable Property Registration System. Approximately 80% of the country’s agricultural land, over 2.1 million parcels, has been registered and legal title has been issued to the owners.
For urban property, another system was adopted to deal with claims of restitution and compensation. Pursuant to Law 7698, dated 15.04.1993, On Restitution and Compensating Former Property Owners the property rights of former owners of land and buildings in urban areas were recognized and the property was generally restituted. However, for those
2 First Registration is the process of surveying, mapping and legal registration of immovable property and is the basis for creating the Immovable Property Registration System. First Registration is the only manner by which legal rights to property are registered and guaranteed.
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In order to meet the requirements of the 1998 Constitution and also to fulfill a European Union Stability and Association conditionality, a new law was approved to address restitution and compensation issues. Law 9235, dated 29.7.2004, On Restitution and Compensation of Property regulates the restitution/compensation of immovable property expropriated, nationalized, or confiscated since 29.11.1944. Although the new law has addressed many of the problems from the 1993 laws, the main controversial aspect, Law 7501, remains in force. Thus, there is still no restitution of agricultural land. However, the new standard for compensation is based on the current ‘fair market value’.
With respect to the main Project area, the Vlora - Saranda coastline, the following are some observations on land ownership and the local population’s disputes with the government:
1. Each village is unique in how it has or has not implemented the land reform process so it is very difficult to make broad generalizations. The vast majority of villages seem to have reached a consensus that Law 7501 is not acceptable given the peculiarities of smallholdings, absence of large landlords, perspective of tourist development rather than agricultural production and for historical reasons. In some places such as Himare, up to 3 different Local Land Commissions have been set up over the past 14 years resulting in 3 different sets of land division documentation.
2. The presence of ‘new’ families, families that were transferred to the area under the socialist regime to work on the cooperatives, complicates the dynamics within the village. The villages seem united in the belief that complete restitution is the only solution and seem very reluctant to compromise, especially with regard to the ‘new’ families that have formal rights under Law 7501. The reluctance to accommodate ‘new’ families will complicate the possibility of finding a compromise solution to the issue.
3. Local citizens claim that numerous abuses have been done with the land distribution and privatization process. Although individual cases have not been researched, there appears to be evidence to support the claim. The 2 main forms of abuse are:
a. Failure to restitute forest and pastures either by changing the classification of forest and pastures (which are subject to restitution) to agricultural land (which must be divided according to Law 7501) or simply not processing the restitution claim; and
b. Vertetim i Faktit3 court decisions that conflict with historical ownership data.
4. In 2004, the village of Palas implemented a local initiative where the village is setting up a new Land Commission and issuing new ownership documentation based on ancestral rights and boundaries. Most villages have documents from 1957-1959 that
3 A Vertetim i Faktit (ViF) is a declaratory judgment issued by a court; a factual declaration of ownership. A person can claim ownership of property by presenting 3 witnesses to the court to verify the ownership. The 1994 Civil Code states that ViF can no longer be used as proof of ownership for legal registration purposes but gift and sales transactions can confuse the issue.
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show the ancestral land parcels each family ‘gave’ to the cooperatives. Based on this documentation, Palas is issuing new Tapis (land allocation documents). However, it is unlikely that this new division will be approved by central government institutions.
5. First Registration is complete in only 1 village, Qeparo, while all other contracts had to be cancelled under the former USAID Land Registration Project. The Village Elder claimed that 93% of the population is happy with the Law 7501 land division process and subsequent First Registration but a group of villagers disputed the statistic. The villagers also stressed the use of force by masked police that were sent to Qeparo to subdue the unrest over First Registration activities in 2003.
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Project Description The ICZMCP aims to establish an integrated coastal zone management approach to reduce coastal degradation. It will do this by:
(i) strengthening existing policies and regulations, planning and institutional capacity at the central regional and local levels;
(ii) initiating municipal and commune investments to enhance Albania’s coastal and cultural resources and encourage community-support for sustainable coastal management;
(iii) implementing priority investments in line with ongoing land-use planning efforts to support sustainable tourism development in the southern coastal zone;
(iv) containing soil and groundwater contamination in Porto Romano hot-spot.
The ICZMCP is being proposed as an environmental category financial intermediary (FI) project, with specific investments processed on a rolling basis in sub-projects that will likely be of environmental category A, B and C under the World Bank operational guidelines. For example, the majority of the physical investments comprising the Coastal Village Conservation and Development Program, will be identified on a rolling basis once the Southern Coastal Development Plan (due for completion by the end of 2005) is well advanced. They are expected to comprise upgrading of local water supplies, sewerage, and wastewater treatment, other solid waste disposal facilities, rehabilitation of internal roads, and renovation and upgrading of cultural buildings, information centers, streets, and parks.
However, three physical investments have already been identified for implementation during ICZMCP:
(i) Southern Coastal Solid Waste Management – comprising construction of a landfill to serve the Municipality of Saranda and surrounding villages and implementation of a construction of demolition waste (CDW) pilot project.
(ii) Saranda gateway – comprising the development of the Port of Saranda into a gateway of the southern coastal zone, primarily by developing a dedicated passenger and vehicle ferryboat terminal.
(iii) Porto Romano Hot Spot Clean-up – comprising clean-up and containment of hazardous chemicals and contaminated materials at a disused factory at Porto Romano, Durrës, and a chemical store at nearby Bishti i Palles.
The ICZMCP will also support the formulation of a protected areas management plan for Butrint National Park to ensure sustainability of natural resources and biodiversity conservation. This management plan may identify the need for new zoning and increased enforcement of existing laws within the protected areas.
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Environment Safeguards Activities carried out under the ICZMCP will conform to current Albanian Environmental Regulations and procedures of the World Bank’s Safeguards Policies, including Environmental Assessment (EA) policy outlined in Operational Policy (OP) 4.01, and Cultural Property (OPN 11.03), Involuntary Resettlement (OP4.12).
The Albanian Law on Environmental Protection requires that any project or activity that will affect, or is likely to affect the environment, has to receive an Environmental Declaration, Environmental Permit, Consent or Authorization by the Ministry of Environment (MoE) before implementation may commence. A Decision by the Council of Ministers has defined the projects included in this process. Without a positive Environmental Declaration the Council for Adjustment of Territories (KRT) for the locality will not grant a construction permit and construction may not legally commence4 and without an Environmental Permit an activity with an environmental impact may not commence and continue.
The Environmental Declaration is the official document issued by the Minister of Environment, after the review of the request and relevant documentation for the approval of the environmental elements of a project, plan or program that requires construction works, installations or schemes. If the project implementation is performed in compliance with the Environmental Declaration, the competent authority issues the relevant Environmental Permit, in compliance with the requirements of Law on Environmental Protection. An Environmental Permit is the official document issued by the MoE, after the review and consultation of the request and its relevant documentation, with all the concerned stakeholders. It approves the exercise of any activity having an impact on the environment, including several types of construction (see Annex 1).
Each form of approval may include mandatory conditions and procedures to be implemented, so that pollution and damage to the environment do not exceed the allowed norms. The MoE has authorized its local offices (Regional Environmental Agencies (REAs)) to issue Environmental Permits for activities with a lesser impact on the environment, entitled Environmental Authorization (greater impact) and Environmental Consent (lesser impact).
The Law on Environmental Impact Assessment (EIA) defines the type and scale of the projects or activities that require an EIA before implementation. The categories of EIA are:
• A Summary (outlined) EIA. This is for projects that may have less significant potential impacts that still require an expert assessment of their impacts. They include projects listed in Appendix 2 of the Law on EIA, and any changes or rehabilitations of projects listed in Appendix 1
• A Profound (advanced) EIA. This is for projects with significant potential impacts, as listed in Appendix I of the Law, those projects listed in Appendix 2 which the MoE considers will have a significant impact on the environment (based on information provided by the proposer at the time of application, in the manner detailed in
4 An environmental approval from the REA/MoE is one of several documents that have to be submitted to the local KRT before a Construction Permit can be awarded (see Annex 4 for a list of the documents required). Another document required is an operating permit from the relevant authority, e.g. from a Water Basin Authority for a water supply or wastewater service.
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Appendix 3 of the Law), and activities that are to be implemented in a protected area or in the marine environment of the Republic of Albania
Description of the Legal, Institutional and Administrative Framework
Albanian Legal Provisions
Environmental legislation is governed by the Law on Environmental Protection No. 8934, dated September 5, 2002. This Law establishes national and local policies on environmental protection, requirements for the preparation of environmental impact assessments and strategic environmental assessments, requirements for permitting activities that affect the environment, prevention and reduction of environmental pollution, environmental norms and standards, environmental monitoring and control, duties of the state bodies in relation to environmental issues, role of the public and sanctions imposed for violation of the Law.
A Law on EIA, No.8990, was approved on January 23, 2003. It defines the rules, procedures and deadlines for identifying and assessing the direct or indirect impacts of projects or activities on the environment. The Law establishes the steps necessary to implement EIA procedures: presentation of the application, preliminary review, selection and classification criteria, public hearing and consultation, access to information, duties and rights of other bodies. The Law also provides the list of activities that should be subject to the Profound and Summary EIA process. It is supported by several Decisions of the Council of Ministers and Guidance issued by the MoE. The MoE is the legal competent authority for requesting, reviewing and approving EIA documentation.
The Summary EIA shall contain the following information (Article 8):
a) Objective of the project; b) Detailed objective description; c) Data on present environment of the area and in its vicinity where the project is implemented; ç) Detailed description of all installations that are part of the project or will be used during its implementation; d) Construction plan and the deadlines of its implementation; dh) Description of engineered values that are constructed or enlarged and of necessary works for project implementation; e) Potential impacts on environment and proposed measures to prevent or bumper these impacts; ë) Monitoring program of project impact on environment; f) Conformity of the project with territory adjustment plan and with economic development plan of area where project will be implemented; g) Summary of consultations with local government bodies, the public and environmental not-for-profit organizations and of their opinions; gj) Rehabilitative measures in case of pollution and damage of environment as well as their cost; h) A copy of the license of the legal person or organization that has prepared the EIA report.
It is to be supported by information on the project characteristics, the project location (environmental, human and cultural data) and the potential project impacts, which will be
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In addition to the information required in the Summary EIA the following information shall be included in the Profound EIA (Article 9):
a) Procedures and reasons of selection of site where project will be implemented, description of at least two additional options of location of project; b) Its direct and indirect level of impact on environment; c) Potential impacts of [project] options on environment and health; ç) Risks of accidents with significant impact on health and environment and measures to prevent these; d) Trans-border impact on environment if any; dh) Technical measures plans to prevent and bumper negative impacts on environment; e) Detailed descriptions about sustainable use of energy, of natural and mining resources; ë) Potential negotiations plan with local government organs, the public and environmental non-for profit organizations during the phases of planning, review and implementation of the project.
The project proposer is responsible for submitting the application for environmental approval to the MoE. Any EIA report required shall be prepared by an expert certified by the MoE for preparing such reports and for environmental auditing. Currently the MoE has licensed approximately 100 such experts.
Requirements for the implementation of a trans-boundary EIA and other environmental matters are also included, since Albania has ratified several international environmental conventions including: the Espoo Convention on Trans-boundary Impacts; the Barcelona Convention on the protection of marine environment and coastal areas of the Mediterranean, the Aarhus Convention, and the Basel Convention.
Administrative Framework
All applications for environmental approvals are submitted to the Regional Environmental Agency (REA) of the region in which the project (or ICZMCP sub-project) will be implemented or the activity will be exercised. The REA has certain powers to approve the implementation and operation of small projects with no significant environmental impacts. In other cases it is responsible for reviewing documentation and forwarding to the MoE for processing, with recommendations for approval, rejection or enhancement, as appropriate5.
The Regional Environmental Inspectorate is responsible for inspecting observance of the EMP and other conditions specified in the environmental approval.
5 According to MoE Guidance No. 3, dated 08/17/2004 “On Approval of the List of Business Activities, Application Forms and Rules and Procedures to Grant Environmental Consent and Authorization from the Regional Environmental Agencies (REA)”
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Comparison with World Bank Policies
Under the World Bank’s procedures for EA, projects are categorized as listed in Table 1.
Table 1. World Bank Screening Criteria Category Environmental Impact Examples A Project is likely to have significant impacts Remediation of Porto Romano. that may be sensitive, irreversible and Construction of a new landfill. diverse, or unprecedented. Construction of a new wastewater The impacts may affect an area broader treatment plant. that the sites of facilities subject to the physical works. B The impact on human population or Rehabilitation of water and environmentally important areas is less sewerage networks. adverse than those of Category A projects. Rehabilitation of roads. The impacts are site specific and few, if Rehabilitation of buildings. any, are irreversible. C Minimal or no adverse environmental Technical Assistance impact
The Albania EIA procedures are generally in line with the World Bank’s EA process, as all projects require some sort of an environmental screening and possibly assessment in order to receive an Environmental Declaration (for construction), and/or an Environmental Permit (for an activity having an impact on the environment, including some construction activities). Furthermore the type and scale of the impacts the project will have on the environment determine the procedures that have to be followed and the type of approval granted. Also all the approvals include conditions that shall be observed by the proposer including environmental monitoring and mitigation requirements.
The difference lies in the scope of the EIA required for those projects that fall into World Bank Category A and the Albanian Law on EIA Appendix II. Some projects (e.g., wastewater management) are considered as Category A under the World Bank screening, while the same activities/projects under the Albanian Law will require only a Summary EIA for populations less than 150,000, unless the REA decides that the project must undergo a Profound EIA, as discussed in 4.1.1 above. See Annex 1 for a list of those projects relevant to the ICZMCP that appear in the appendices to the Law on EIA and the information to be presented to determine whether a Profound EIA is required for a project that appears in Appendix 2 of the Law.
To streamline the EA screening process for the Project, the approach shown in Table 2 will be adopted for all projects. It should be particularly noted that projects that are only required to undergo a Summary EIA under Albanian law, which are considered as Category A by the World Bank, will be subject to a Profound EIA to satisfy WB requirements.
Technical design of a sub-project will generally follow the EIA process, and should be based on the EIA, any recommendations made for the design and the mitigation of the impacts expected, as well as the conditions of any environmental approval granted.
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Table 2: Screening Criteria for World Bank and Albanian EA procedures World Category As Per Procedure To Be Followed Bank Albanian Legislation (Meeting both Albanian and World Bank Category standards) A Appendix 1, Law on EIA • A Profound EIA and EMP6 for the sub- Example sub-projects: project will be prepared by the proposer. • landfill to receive • At least two public consultations7 will be hazardous waste; held, one at the start of the EIA process and one • landfill to receive at the end. at least 30t of • MoE approval will be obtained and the non-hazardous waste relevant environmental approval issued8 per day • World Bank will review and provide no-objection to the consultation results, EIA and EMP. Appendix 2, Law on EIA • An EIA to WB requirements (enhanced Example sub-projects: Summary EIA) and EMP for the sub-project • wastewater will be prepared by the proposer. treatment plant, • At least two public consultations will be held • landfills not (as above). included in Appendix 1 • MoE approval will be obtained and the relevant environmental approval issued (as above). • World Bank will review and provide no-objection to the consultation results, EIA and EMP. B9 Annex 1 and 2, • An EMP will be prepared by the proposer MoE Guidance No. 3, (to meet both Albanian and World Bank 10 dated 08/17/2004 requirements). • One public consultation will be held. • MoE approval of EMP will be obtained, and the relevant environmental approval issued (as above). • The World Bank will review and provide no-objection to the consultation result and EMP. C Not included in either • EMP only prepared as required by Appendix 1 or Appendix 2, environmental conditions and MoE May be in Annex 1 and 2, requirements. MoE Guidance No. 3 • MoE approval of EMP will be obtained, and the relevant environmental approval issued (as above).
6 Environmental Management Plan (see (4.2.3)). 7 Public Participation Regulations No.1 “On Public Participation in the EIA Process”, MoE, 17/08/2004 8 Environmental Declaration for construction, etc, Environmental Permit, Authorization or Consent for the exercise of any activity having an impact on the environment (including some forms of construction) 9 In case a Category B sub-project is listed in the EIA Law Appendix 2, the EIA will be prepared in parallel with the EMP to MoE requirements 10 On Approval of the List of Business Activities, Application Forms and Rules and Procedures to Grant Environmental Consent and Authorization from the Regional Environmental Agencies (REA)
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N/A Strategic Environmental • Special legal dispositions Assessment (SEA) (e.g. regulate the procedures. development programs on • A positive environmental transport, energy, declaration is required for adoption of sector tourism, industry, strategies, development action plans, and programs. services, land use, etc.)
• World Bank Category A: The EIA process will be performed as per the Albanian legislation (taking into account any additional requirements of OP 4.01 and other Safeguard policies), and submitted to the MoE for approval. The EIA will include an Environmental Management Plan (EMP). At least two consultations will be held; the first will collect stakeholder views and interests in the sub-project, will scope the EIA process – this will be used to prepare the EIA ToRs; the second will present the results, mitigation measures and the EMP. The MoE environmental approval, EIA and EMP will be submitted to World Bank for its review and clearance. Any kind of document prepared in this context will be made public through the Local Government Unit (LGU).
• World Bank Category B: For the investments under this group, an EMP will be prepared and developed to meet World Bank EMP requirements and appropriate Safeguards. During the preparation of the EMP, a public consultation will be held. The MoE environmental approval, EMP will be submitted to World Bank for its review and clearance. Any kind of document prepared in this content will be made public through the LGU.
• World Bank Category C: No EA and documentation is required after the initial screening, which will be conducted by MoE. However, sub-projects falling under this category may be assessed ex-post, to ensure that the screening category was appropriate.
The components of the ICZMCP will be prepared and implemented according to Albanian legislation, regulations and standards and to comply with the operational guidelines and directives of the World Bank. The Albanian legislation is in the process of being harmonized with the EU legislation. In view of the development objectives of Albania, related EU directives will be reviewed and, to the extent practicable and feasible, applied to any sub-project subsequently proposed or yet to be implemented. In case of non-compliance with EU directives, the sub-project proposal should provide reasons why this is not possible.
Albanian legislation for the quality of coastal waters follows EU requirements for bathing water standards and for discharge of toxic materials into coastal waters.
Guidelines and Procedures
As a financial intermediary (FI), the MoTAT, via the PCU, will be responsible for the screening process and ensuring that the LGUs follow the required environmental procedures. The PCU shall monitor and support the screening process and satisfy itself that the procedures are being followed to the satisfaction of the Albanian Law and World Bank policy. In the event of any deviations or unreasonable delays it shall seek the advice of the relevant party/parties and provide any necessary support and advice to overcome/correct the problems.
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The process will comprise:
Step 1: Screening: The LGU or other sub-project proposer will determine the type of environmental approval required in accordance with Appendixes 1 and 2 of the Law on EIA, other relevant legislation11, and the classification presented in Table 2 above, and prepare and submit the request and the necessary documents to the REA12.
Within five (5) days receiving the request the REA will review the required documentation, classify the proposed sub-project in accordance with Appendixes 1 and 2 of the Law on EIA and other relevant legislation, and the classification presented in Table 2. It shall decide whether the sub-project will require an EIA, and then decide whether it should undergo a Summary EIA, a Summary EIA enhanced to match WB requirements (Category A EIA), or a Profound EIA, and advise the LGU/sub-project proposer accordingly.
Step 2: Environmental Assessment: According to the screening decision on the type of EIA required (if any), the LGU/sub-project proposer shall proceed as indicated in Table 2 and the accompanying notes above. In the case of any EIA being required, this process shall include preparation of the ToR for the EIA and procuring and engaging a licensed EIA specialist according to the procurement rules for the ICZMCP.
For any EIA required, the REA shall inspect the EIA report and the data presented and shall consult with its experts and other appropriate bodies, e.g. cultural heritage, environmental groups, etc. It will then prepare, in writing, a recommended decision in favor of approval or refusal of the sub-project, with justification(s). In the case of approval of the application it shall also propose any environmental conditions, monitoring requirements, etc., to be included in the approval. This decision shall be forward to the MoE within twenty (20) calendar days of the submission of the EIA report, accompanied by the EIA report. The MoE shall review this decision, seek expert advice, etc., as required and either approve or reject the application, with the necessary justification
In the case of no EIA, the REA, or the MoE13, shall issue the relevant environmental approval14, with any environmental conditions, monitoring requirements, etc., after review of the sub-project design and the EMP.
Step 3: World Bank Approval: On receipt of the environmental approval by the MoE the LGU/sub-project proposer will forward a copy to the PCU, MoTAT, accompanied by the documentation required for review by the World Bank (see Table 2). The PCU shall satisfy itself of the appropriateness of the decision, confirm to the Bank that the applicable environmental procedures have been followed, and submit the documentation for review. For Category C projects, the MoTAT will
11 including MoE Guidance No. 3, dated 08/17/2004 12 see Council of Ministers Decision, No. 249, dated 24. 04. 2003, Concerning the Endorsement of Applications for Environmental Licenses and Information Items in the Environmental License, and MoE Guidance No. 3 13 as determined by MoE Guidance No. 3, dated 08/17/2004, and other relevant legislation 14 Environmental Declaration for construction, etc, Environmental Permit, Authorization or Consent for the exercise of any activity having an impact on the environment
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inform the Bank of the justification for this rating (no additional documentation is necessary for sub-projects in this category).
The World Bank will review the information provided and, if it considers the assessment and the EMP are appropriate and satisfactory, will provide a ‘no objection’ and the sub-project may proceed to design completion, application to the KRT for a Construction Permit, and implementation, alternatively it will suggest areas where strengthening is needed before the above process can be completed.
Operational Procedures for Environmental Assessments
Public Consultation and Information Disclosure
Stakeholders
The main goal of the stakeholder and public consultation implemented for the various components/sub-projects/activities under the project will be to prepare a framework that will facilitate a consensual project implementation, ensure that they will be in compliance with Albanian laws, regulations15 and customs as well as with the Bank’s policies, and that they will not have a lasting adverse negative impact on the local population, the natural environment or properties of particular cultural value, whether on the site or elsewhere.
The stakeholder and public consultation plan required under Albanian law includes identification of the stakeholders & public representatives that should participate in the process and the approach to be used.
Albania is an emerging economy and society; it is therefore possible that new stakeholders will emerge during the life of the ICZMCP, some will disappear, and that the relevance of some existing ones will change. The identification and selection of the main stakeholders will therefore be carried out regularly, using a screening process based on the roles and responsibilities of each stakeholder at each stage of the sub-project cycle. The PCU, MoTAT, and the MoE will monitor and advise on any modifications required if they are not implemented automatically by the responsible bodies in the field.
The main national stakeholders are considered to be MoE, MoTAT, Ministry of Culture, Youth and Sports (MoCYS), Ministry of Health (MoH), Ministry of Transport and Telecommunications (MoTT), and their respective national-level departments and associated institutions; national research centers and agencies like: Immovable Property Registration System (IPRS), Institute of Environment, National Water Council and others. The role and relevance of each national stakeholder will change depending on the issues to be consulted. For example, the IPRS has no role in environmental matters, but is important in matters of land ownership.
The main local stakeholders are considered to be Vlora Prefecture (as the local office of the national government); Vlora Qark and the local government units (LGUs), i.e. the municipalities and communes16, and their urban offices, the REAs in Vlora and Saranda; Local Environment Inspection offices in Vlora and Saranda; Hygiene Directorates (which are
15 This shall include any changes expected as a result of harmonization with EU policies and procedures. 16 Communes: Lukova, Ksamili, Municipalities: Saranda, Delvine, Himara
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The main public representatives are local NGOs/NPOs active in the region, social associations, business community organizations such as local Chambers of Commerce, hoteliers associations, traders associations, etc., academic institutions and the media (local newspapers, local TV),
Public Consultation
For projects falling in World Bank Category A and B projects, the responsible LGU will consult the project affected groups and local non-governmental organizations (NGOs) about the sub-project’s environmental aspects and take their views into account. This will be done according to the procedures defined in the Albanian Law on EIA, as developed more precisely in the PUBLIC PARTICIPATION Regulations Nr.1 “On Public Participation of EIA process” issued by MoE, dated 17.08.204 (Nr 233 of Prot.). This Regulation is drafted to apply to Article 26 of the EIA law. Where this process is not sufficient to meet World Bank policy requirements they will be enhanced according to World Bank requirements.
Broadly these requirements are as follows:
Category A: The public consultation will occur twice: a) after the environmental screening and before the terms of reference for the EIA are finalized; and b) after the EIA is prepared, to receive public feedback on the report.
Category B: The public consultation will occur when the EMP is in a draft phase and the findings of the draft EMP will be discussed. The views of the public will be incorporated in the final EMP.
The stakeholder and public consultations will be carried out either as a sector approach or as a multi-sector approach, depending on their type. Both approaches will comprise a set of consultation measures to be designed and implemented from the beginning of the activity/action through to its end. This should also include any procedures required for the operation phase, especially performance monitoring.
The public and stakeholder consultation and participation will be realized through:
• information to public and stakeholders about a component, sub-project or activity, including access to key data and indicators in hard or electronic copy;
• ensuring conditions that maximize opportunities to express opinions and participate in the decision making process, though public debate and other consultative processes:
o public meetings
o workshops
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o exhibitions
o individual meetings with stakeholders
o distribution of questionnaires
o advertisement, notices , media
• consideration of any proposals for improvements and ways to make them;
Preparing and implementing the consultation process will comprise the following steps:
• identification of national and local stakeholders and public representatives as suggested above;
• preparation of the simple and adequate information of the activity/action to be displayed to stakeholders and information to public;
• determination and organization of the events required;
• facilitation of the events;
• recording the information and opinions and advice obtained.
• consideration of the above information in finalizing the design and the operation and maintenance arrangements, etc.;
• co-ordination of the time table/schedule for each of the above steps .
Information Disclosure
Under the law the LGU and the Qark where the action/activity will take place or will be installed are responsible for coordination and organization of the consultations. However, because each component/sub-project designer, the EIA specialist (if any) and the REA are also well placed to identify stakeholders, they will also advise the LGU and Qark who should participate in the consultations. Also, because they have the expertise they should prepare and present the information about the component/sub-project, hear responses, etc. The PCU, MoTAT, will ensure that these procedures are observed.
This approach is justified by the Guidance No. 3, dated 08/17/2004 “On Approval of the List of Business Activities, Application Forms and Rules and Procedures to Grant Environmental Consent and Authorization from the Regional Environmental Agencies”
Based in this guidance, and appropriate to the type and number of consultations required (see Table 2), the LGU/sub-project proposer will:
• Ensure a program of public displays, meetings and debates, with dates and locations, as part of a formal Consultation Program.
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• Ensure stakeholders are informed of the Consultation program before the first event in the program, and that information about the activity is delivered and is available to take and read at least five days before this date.
The responsibilities of the designer, environmental specialist and/or the contractor will be to:
• Prepare in due time all the information related to component/sub-project/activity in the form and quantities (copies) requested by the REA.
• Be present with technical staff at all the consultation events.
• Collect the stakeholder and public remarks and suggestions, in the meeting minutes.
• Prepare and provide the corrected versions of the location, design, construction process, etc., with consideration to the remarks and suggestions made during the consultation process.
The REA will ensure that the above activities have occurred and may also:
• Advise on the form of the Consultation Program: public meetings, workshops, exhibitions, separate meeting with stakeholders, questionnaires, advertisements, notices, media meetings, etc.
• Advise on the most appropriate way for the information on the activity/action to be displayed and presented to stakeholders and to public.
• Organize a separate technical meeting, or establish a technical commission, that will comment on the issues that have arisen during the consultations, and to recommend on the decision about the environmental permit to be granted. This meeting/commission will include local and national stakeholders as determined by the REA. The REA may also request and organize national or international consultancy services to support the decision making process.
Where needed the MoE will provide the REA with support through its specialist Departments and its technical expertise.
All the documents required for local use and disclosure will be in the Albanian language. However, the MoTAT will provide an Executive Summary in English of the EIA and EMP for all Category A projects, and translate the EMPs for Category B projects in English, if requested by the Bank. The PCU, MoTAT, will observe and monitor the whole process, as appropriate to the level of EA required.
Environmental Management Plan
The EMP for a Project component or a sub-project will include:
(i) Assessment of the environmental impacts predicted at the various stages, notably construction, operation (including maintenance) and decommissioning, the time they are likely to occur, and their scale, scope and effect(s).
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(ii) Determination of the acceptable level of each impact, especially with respect to its time, likely duration, scale, effect(s), cost(s) (see also (iv) below), and the permitted legal levels.
(iii) The conditions and measures to be taken to mitigate those impacts that are likely to arise at each stage, who will be responsible for them, whether though improved design, special protection measures during construction, or some other method, their likely costs, implications for project completion, etc.
(iv) The resources and methods required for monitoring, measuring and ensuring enforcement of them (what is to be measured, when and where, by whom and why); the institutional responsibilities for each action required; and capacity building requirements required, and the respective costs of each element.
The EMP will comprise two separate documents: a Mitigation Plan, dealing with aspects described in (iii) above, and a Monitoring Plan dealing with aspects described in (iv) above. It is expected to be prepared at the finalization time of design completion and should incorporate any requirements specified in the environmental approval granted by the REA.
The LGU or the proposer (if different) will be responsible for preparing the EMP. However it is expected that it should be included in the sub-project designer’s Terms of Reference. Where the sub-project requires an EIA of some sort the EIA specialist’s advice will be sought before it is finalized. The requirement for approval by the REA should also be noted (see Table 2). Examples of model EMP forms may be found in Annex 2.
Implementation and Monitoring of an EMP
For each sub-project the responsible LGU/proposer will have overall responsibility for ensuring implementation and monitoring of the EMP. However, the various parties identified in the plan, e.g. contractors, construction supervisors, maintenance mangers, etc., should be immediately responsible for implementing and monitoring their respective parts.
The PCU will monitor the execution of the various components and sub-projects, to ensure that the requirements, specifications and environmental considerations of each EMP is met. The PCU will report the implementation to the Government through a Project Steering Committee.
The aims of the EMP and its execution are to: (i) include conditions and mitigating measures of project approval and ensure that these conditions are working effectively; (ii) verify that environmental impacts are as predicted or permitted; (iii) take actions to manage unforeseen changes; (iv) optimize environmental benefits; and (v) improve EIA practice in the future. The key tasks of monitoring EMP implementation are: (i) surveillance and supervision; (ii) impact and compliance monitoring; (iii) environmental auditing; (iv) evaluation of EIA effectiveness and performance; and (v) post-project analysis.
Under the Albanian Law the Regional Environmental Inspectorate (REI), is responsible for performing regular evaluation and monitoring of subprojects. Overall, the monitoring will focus on measuring compliance with pollution standards and requirement of related permits. Furthermore, under the Albanian law, each person or organization obtaining any form of environmental approval for a project or activity is responsible for monitoring performance
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Generic Potential Environmental Issues
During the preparation of the different EIAs for the different subcomponents, all positive and negative impacts caused by construction, operation and decommissioning/aftercare activities are to be considered, including potential ecological incidents. For the major physical components of the project, the pre-feasibility studies have identified a number of potential impacts. They include hazards such as health and safety risks for the construction workers and the public; noise; dust – leading to adverse air quality; soil and/or water pollution; surface run-off; excavation of materials and disposal of surplus soil/earth; and risks to environmentally sensitive areas. Some sub-projects may also encounter items of cultural value.
The impacts of each of the sub-projects that will be implemented under the Coastal Village Conservation and Development Program (CVCD) are not known yet, as the locations and details of these subjects have yet to be determined. However, many of the possible impacts can be identified, because of past experience of similar sub-projects in other parts of Albania and elsewhere around the world.
Brief details of the likely impacts for the various physical components are described in the sections that follow.
Solid Waste Component17
Air quality
Construction phase. Impacts related to land transformation (earthworks) will have to be described for both sites during the construction phase as well as the impact to the immediate local air quality of the site (specifically dust and vehicle emissions). Emissions are not expected to be significantly different from emissions of other construction works and effects are expected to be reversible and temporary.
Operational phase. Impacts related to odor are expected to be described in detail for both sites, since there are different types of atmospheric emissions impacts that apply, namely: odor resulting from gasses produced from waste decomposition (volatile organic compounds and hydrogen sulfide), blowing dust, methane and other VOCs from decomposition of wastes, combustion gases from flaring of landfill gasses (NOx, SO2, CO etc), combustion emissions from transportation and occasional use of emergency generator.
In terms of odor, dependent on the distance of the final location of the site vis-à-vis the population, more or less nuisance impact can be experienced, dependent on wind directions and frequency of the landfill activities.
17 Source: Pre-feasibility Study and Solid Waste Plan for Southern Albania, Solid Waste Consultancy B.V., in association with Tebodin Consultants & Engineers, March 2005
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Soil and groundwater resources
Detailed site investigations will be executed to determine precise location and conditions of groundwater and conditions of soil.
Construction phase: Threats of contamination to soil and groundwater are present during the construction and operational phase, if solvents and fuels are not stored and handled in a proper manner Usual interception measures taken to guard against accidental leaks and ‘good housekeeping’ will limit these threats. Actual impacts are therefore not expected to be significant.
Operational phase Contamination of soil and groundwater will be prevented during the operational phase through design and geological features. A leak-tight asphalt under-layer has been incorporated into to the design of the landfill (according to BAT) and the thickness and material properties of the sub clay layer (for the clay liner) are in line with EU landfill regulations. With these provisions in place the potential of leachate penetration into sub soils and groundwater is mitigated according to European standards.
After care phase As the abandoned landfill will remain insulated, contaminants will not be exchanged with the soil and groundwater from the landfill site. This is provided that the landfill and the leachate treatment system is maintained in proper condition. As part of general after care management, rodents must be prevented from damaging insulation materials.
Surface water quality
Construction phase Impacts to water quality from land transformation during initial construction could arise at both sites due to the discharge of harmful substances (oils, fuels, solvents, etc.) if canals and/or streams are present close to the landfill perimeter. If mitigation measures and proper housekeeping are employed, the risk and significance of these impacts will be very limited.
Operational Phase: Moderate but acceptable impacts to possible canal water adjacent to the sites can be expected from the discharge of treated leachate water collected from the landfill body via perforated pipes. The efficiency of the chosen treatment system will determine the actual extent of the impact, but if European standards are met, water quality standards should be met.
After-care phase Wastewater discharge during the aftercare phase will consist of the continual discharge of treated leachate water. The effects on the receiving surface waters will be similar to those described for the operational phase. The wastewater flow during this phase is much less, at approximately 10% of the flow during the operational phase.
Noise
Construction Phase Sources of noise and vibration during the construction of two sites will originate from construction machinery (bulldozers, excavators, etc.) and trucks transporting building materials. This noise generated will not differ from general noise generated by civil construction works. The nuisance is expected to be moderate but temporary.
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Operation Phase Compacting machines (bulldozers), used for the positioning, compacting and capping of the landfill; and garbage collection trucks will cause increased noise levels at both sites. Other moderate sources of noise at the sites are the flare and the leachate water treatment. With regards noise generated by waste transportation, the frequency of collection trucks movements will be approximately 10 passes per day and mainly carried out at night. Due to this, the noise nuisance is expected to be significant on landfill site and along the routed roads. The resulting noise impacts at potential proposed sites will depend on the distance from the proposed landfill sites and the access routes.
After-care phase During the after-care phase continuous slight to moderate noise is expected form the flare and the leachate water treatment. Incidental noise will arise due to maintenance activities.
Other potential environmental impact
Impacts to ecological resources commonly associated with the construction and operations of landfills are: habitat disturbance and destruction (from the site itself and the emissions that it produces); loss of native flora and fauna; promotion or introduction of scavenger species. These impacts will occur at the two proposed landfills; however, whether or not they pose a significant impact depends on the protected status, ecological sensitivity, and/or the presence of any rare or endangered species on the sites (or the influence zone of the sites).
Potential health impacts due to increased rodent populations could be limited by daily capping of exposed wastes.
Impacts to surrounding infrastructure are predicted to be both positive and negative. In general it can be stated that intensified use of specific roadway routes for construction activities or waste transport have a negative impact on road quality of these routes. In relation to other traffic flows however, this cannot be seen as a significant impact for either the construction or operational phases. A positive impact could arise in the construction phase in case of inclusion of restoration and reinforcement of the road infrastructure (erosion control, storm water drainage, support wall, landscaping, etc.) adjacent to the landfill
Due to the intrusive nature of landfills with respect to visual aesthetics, significant impacts to landscape are expected for both Bajkaj and Vunoi sites. The nature of these impacts will be experienced differently at the two different sites as explained further below.
The construction and operation of both the landfills are expected to have moderate temporary and longer-term positive impacts on employment.
Porto Romano Component18
Baseline data
The hot spot is located north-east of Durrës. On one side there are hills, the coastline and the Adriatic Sea, the other side is a plain mainly used for agricultural purposes. In the north of the site, the plain is connected with the sea. The area of the site is approximately 50 ha.
18 Source: Institutional Strengthening and Environmental Remediation Project, Porto Romano Hot Spot Clean-up, GKW Consult / GKW Ingenieure / MixTecnic, March 2005
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Durrës is a dynamic industrial and recreational area while Porto Romano in the direct vicinity is also rapidly developing. The population is growing as new people settle there and children are born. No measures have been taken so far to stop the settlement of migrants. Near the entrance of the site there is a school. Public transport and traffic pass on the unpaved road and cause a lot of dust and go-slows. The construction of houses, etc., can be seen everywhere; some gardens look like small farms. Some people operate small shops, micro enterprises and workshops to generate additional income. In or near this area, there are dwells. 4 families live on this site itself (in total 16 inhabitants).
Present environmental conditions in the area can be summarized as follows:
Water 1. Groundwater • There are high levels of total HCH in the groundwater, covering ranges from 2 - 47 g/L in the upper aquifer. • The high levels of total chromium in the groundwater in the upper aquifer are between 50 and 28,300 g/L. • No contamination of lower aquifers is assumed. • The contamination of the upper aquifer mainly concerns the area of the lindane/dichromate site itself. 2. Surface water • High levels of total chromium in surface water from 41 - 484 g/L.
Soil and Contaminated Land There are high concentrations of HCH and chromium in soil, sediments and building material, in the range 3 - 670,000 mg/kg HCH. The contamination of soil has caused negative impacts on the flora/ fauna, on grazing animals and has contaminated the groundwater as described above.
Air Quality The main impact on the air quality consists mainly in the strong smell and the spread of contaminated dust.
Flora and Fauna Investigations have shown negative impacts on the flora and fauna. This caused an alteration of the plants’ cell structure, damaged their roots and inhibited them to grow. Insects are affected by respiratory poison, which also applies to animals grazing in the area.
Landscape and Visual Impact Assessment The destroyed buildings and the disposal of residues, debris and solid waste have created a very bad view of the area, which gives something like a post-war impression.
Human Health The heavy polluted site is a big source of pollution for the environment and a very high risk for the population exposed to it (inhabitants, population of Durrës city using agricultural and other products from the area, tourists, etc).
Even if there are no documented health problems (due to low priorities for occupational health and environmental aspects) up to now, longer exposures may bring serious health risk
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Environmental Impacts and Mitigation Measures
In terms of environmental impacts after the remediation activities have been completed, the main objective of this remediation project is to improve environmental conditions along Albania’s coast by reducing pollution at Porto Romano/Durrës Industrial “hot spot” of soil and water and significantly reduce human and environmental health hazards of the neighboring population groups.
Specifically, the project will support the decontamination, remediation and rehabilitation of the Porto Romano toxic contaminated site in the Durrës region and enhance capacity of environmental agencies dealing with pollution and water quality safety issues. The selected remedial action at the Porto Romano contaminated site intends to control: (i) the public health risk through direct contact or incidental ingestion or inhalation of contaminated soils; (ii) potential long term risk to groundwater from residual constituents in the soils; and (iii) potential long-term risks associated with surface water runoff.
Preliminary environmental Impacts during construction works have been identified for the execution of remediation activities to all presently identified remediation options. They are presented below, in different tables for the different sites.
Table 3: Environmental impact during remediation activities on the lindane/dichromate site
Possible recipients Possible environmental impact Mitigation measures of remediation measures Human being Formation of dust during Execute demolition and Environmental air demolition and excavation excavation works during Soil measures and wind dispersal of favorable seasons. If required, Flora HCH/Cr contaminated dust into irrigate demolition and Fauna the adjacent settlement areas, excavation material, keep the school, hospital and commercial surrounding walls until enterprises demolition and excavation works have been finished. Soil Mixing of different materials and Separately execute demolition and (Cross of materials with different excavation works and dispose contamination) contamination degrees during (separated by geotextiles) the transfer of material that has to be material in previously exactly encapsulated defined areas. Human being Spreading of potentially dioxin Avoid mixing with other Environmental air contaminated material during demolition material, analysis of Soil demolition of chimney demolition material, separate Flora storage / disposal Fauna
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Possible recipients Possible environmental impact Mitigation measures of remediation measures Groundwater Spreading of contaminated Provide for a professional infiltration waters into the deeper demolition of the wells and aquifers during demolition of insertion of clay sealing wells in the area of the lindane / dichromate site Human being Spreading of contamination Tire washing plant, covering of Environmental air sources through construction and contaminated material by tilts Soil transport vehicles and/or transport in lock-up recipients (above all HCH residues). Observe all national and international transport regulations. Human being Direct contact of persons charged Medical examination including with demolition and excavation bio-monitoring of employed staff works with HCH residues and before and after the execution of Cr/CrVI and lindane/HCH works. Subdivision of the work contaminated material area into so-called black/white fields (contaminated /not contaminated). Training in work safety and health protection. Wear expendable protective overalls, chemical protective gloves, dust masks, washable safety shoes. Provide for washing areas, First-Aid installations and separate canteen. Surface- water Discharge of contaminated Excavate the sediments from the drainage water into the drainage adjacent drainage channel once channel east from the lindane / the contaminated material has dichromate site in connection with been transferred and insert the the transfer of contaminated sediments into the encapsulation wetland sediments of the area. dichromate dumpsite.
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Table 4: Environmental impact during remediation activities on the sulfur site
Possible recipients Possible environmental impact Mitigation measures of remediation measures Human being Direct contact of the staff charged Medical examination including with the execution of remediation bio-monitoring of employed staff measures during packaging, before and after the execution of transport and disposal of chemical works. Subdivision of the work residues from the zinc chloride area into so-called black/white building. fields (contaminated /not contaminated). Observe measures indicated in safety data sheets. Training in work safety and health protection. Wear expendable protective overalls, chemical protective gloves, dust masks, washable safety shoes. Provide for washing areas, First- Aid installations. Human being Formation of dust and direct Execute demolition and Environmental air contact with HCH/lindane excavation works during Soil contaminated demolition material, favorable seasons. If required, debris and soil when milling of the irrigate demolition and concrete surface in the storage excavation material. Wear building as well as during expendable protective overalls, demolition of the mixing and of chemical protective gloves, dust the zinc chloride building. masks, washable safety shoes. Provide for washing areas, First- Aid installations. Examine the storage building for residual contamination prior to further use of the building. Human being Spreading of contaminated Tire washing plant, covering of Environmental air material through construction and contaminated material by tilts Soil transport vehicles, above all during and/or transport in lock-up intermediate transport of recipients. contaminated material to the adjacent lindane/dichromate site Human being Contact with easily inflammable Observe safety instructions Environmental air material during excavation and concerning the handling of easily transport of residues from the inflammable materials during sulfur dumpsite excavation and transport works, above all avoid open fire, etc. Wear dust protective masks and gloves.
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Table 5: Environmental impact during remediation at drainage channels and pumping station dumpsite
Possible recipients Possible environmental impact Mitigation measures of remediation measures Human being Direct contact with HCH/lindane Further vertical and lateral Environmental air contaminated material in the scope of delimitation of contaminated Soil excavation and transport measures, material in order to allow the Groundwater formation of dust and mixing of direct excavation. Wear contaminated material with non- expendable protective overalls, contaminated excavation material chemical protective gloves, dust during execution of remediation measures in the area of the dumpsite masks, washable safety shoes. near the pumping station. Execute works during favorable seasons in order to reduce formation of dust.
Soil Spreading of contamination (wind Supervise all future dredging Flora dispersion, erosion of sediments measures and dispose Fauna and increased suspended solid load contaminated materials on an Marine environment in the water pumped into the appropriate earth substance Adriatic Sea) through dredging landfill site in the area of Durrës. material that is stored in the side areas of the drainage channels.
Saranda Port Component
In this section, the key environmental and social impacts associated with the construction and operation of the proposed harbor works in the port of Saranda are outlined for each sector separately. The adverse effects mainly associated with the operation of the new port of Saranda can be considered as limited and of a small scale, since the proposed works concern the expansion of an already operating harbor.
Earth
Land surface Construction Phase: Alterations of land surface due to reclamation works (earthworks) are expected in the future port site during the construction phase. Operational Phase: No further alterations of the land surface are expected during the operational phase.
Water
Hydrology Construction Phase: Construction materials (backfilling) will be dumped directly to the worksite, thus there will be no significant impact to the existing water streams and surface run-off. Operational Phase: No significant impact from flooding or rising water tables is expected as the proposed works (quay, breakwater) will not affect the existing water streams and surface run-off.
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Air
Air quality Construction Phase: Moderate and short-term impact to the air quality at the immediate vicinity of the works is expected due to dust and vehicles emissions during the construction phase (earthworks, works for the quay and breakwater). These effects are reversible and temporary. Operational Phase: During the operational phase, air quality parameters can be affected by: • Emissions from vehicles transporting cruise ship passengers from/to the port • Emissions from auxiliary engines (generators) of ships moored in the port.
Sea and coast
Shoreline Construction Phase: Permanent changes in the shoreline due to the construction of the proposed harbor works. Operational Phase: The proposed breakwater might affect the sediment transport patterns and hence influence the beach evolution in the Saranda bay region.
Sea bottom - Dredging Construction Phase: Alterations of the sea bottom are expected in the future port side due to dredging, during the construction phase, as well as in the dredged material disposal area. Dredging is necessary for the foundation of the proposed port works and in order to reach the required depth in the port basin. Nevertheless, the dredging operations are limited in depth and extend only in the vicinity of the existing and the proposed port works. Therefore, the impacts from the dredging operations will be of a limited scale. Finally, it is important that the proper sediment analysis is carried out on samples of dredged material in order to detect the potential presence of contaminants. Operational Phase: Due to the sea bottom consistency, it is anticipated that maintenance dredging will be negligible.
Wave and Currents Construction Phase: During the construction phase, the near-shore wave and current regime will be slightly affected by the dredging operations and construction works. Operational Phase: The near-shore wave and current regime will be altered due to the layout of the new port works (breakwater). More specifically, the wave energy attaining the coast in the shadow area of the breakwater will be reduced due to its presence.
Water quality Construction Phase: During the construction phase, suspended particles due to backfilling (land reclamation) and dredging activities: •Decrease the amount of light penetrating the water column. •Decrease the dissolved oxygen, depending on the quality of the material (dredged or dumped). These effects are reversible and temporary. Operational Phase: During the operational phase, water quality parameters can be affected due to: •Fuels and lubricants accidentally thrown into the sea. •Suspended sea bottom material, as a result of vessels propellers rotation •Obstruction of sea water circulation due to the construction of the breakwater
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Ecosystem
Flora and Fauna Construction Phase: During the construction phase, impacts on flora and fauna are expected, either directly through removal by dredging and covering of sea bottom in the reclaimed area or indirectly by sedimentation, access to light in the water column and changes in abiotic parameters of seawater. Parts of these impacts are permanent, while the rest of them are temporary. Especially, dredging operations and dumping of the dredged material will cause temporary degradation or even destruction of the benthic communities, which is nevertheless reversible, since new bio-communities will be developed in the new sea bottom environment. Operational Phase: During the operational phase, flora and fauna may be affected by changes in abiotic parameters of seawater, as a result of navigational activities and accidental pollution.
Habitats Construction Phase: The construction of the proposed port works will cause a temporary and reversible degradation of the habitats existing inside or in the vicinity of the port basin. Operational Phase: The operation of the new port of Saranda will have no significant additional impacts on marine habitats, since these habitats have already been affected by the operation of the existing harbor.
Visual (landscape and aesthetics)
Construction Phase: During the construction phase visual intrusion is expected from the worksite and construction activities. These impacts are reversible and temporary. Operational Phase: A substantial change of landscape in the area is expected due to the construction of the new quay and breakwater
Noise
Construction Phase: Noise and vibration during the construction will originate from construction machinery (floating cranes, piles driving equipment, bulldozers, excavators, etc.) and trucks transporting backfilling materials. Given the proximity of the buildings of Saranda city to the construction site (Port Authority building, passenger terminal, other residences), the noise nuisance is expected to be significant, but temporary. Operational Phase: During the operational phase, noise nuisance is associated with: •Vessels’ engines during maneuvering in the port area •Circulation of vehicles transporting of cruise ships’ passengers from/to the Saranda port.
Human environment
Transport infrastructure The implementation of the Saranda port extension project is expected to have major positive results for the whole Southern Albania region. The new quay will assure safe and secure accommodation for cruise vessels, thus rendering the port a tourist and commercial gateway to the southern part of the country. Furthermore, together with the construction of the new quay, the existing road network connecting Saranda to major sites of interest in the region (Butrint National Park, Feniqi, Mesopotam, etc.) will also be improved.
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Human settlements Due to the location of the specific project, impacts to human settlements are negligible. Besides the temporary impacts described above (noise, air quality), it is anticipated that the construction and operation of the port extension may provoke the devaluation of the houses in the immediate vicinity of the port. This concerns 15 - 20 buildings near and around the port area. On the other hand, specific land uses such as hotel development, commercial and business activities might be promoted in this area.
To improve the access to and from the port, the existing road at the south-western end of the reclaimed area might need to be widened. This might affect adversely the adjacent properties.
Human activities The construction and operation of the port extension will not alter the daily habits of the local residents. The site is already affected by man-induced activities (existing port operation, urban activities etc.). Therefore no recreational activities (fishing, swimming etc.) take place in this particular location.
As the extension works will be carried out at the southern part of the port area, they will not hinder the access of users in the port facilities.
Socio-economic aspects
Construction Phase: Short-term direct positive impact is expected on employment in the Saranda region, as local labor will certainly be used for the construction of the harbor works. Indirect positive effects concern the relevant sector of the Albanian economy (construction materials etc.). Operational Phase: An increase of employment concerning the personnel working in the port (passenger reception, administrative procedures etc.) is expected. Moreover, significant indirect multiplying effects are expected associated with the strengthening of commercial, tourism and other professional activities in southwestern Albania and in particular in the Saranda region.
The environmental effects outlined in the previous paragraphs are presented in Table 6 below, sorted according to their severity.
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Table 6: Environmental Impacts for the Sarande Port Component
IMPACTS Minor / Less SECTOR Significant Negligible Unlikely to have significant Positive adverse adverse adverse impacts Adverse impact Shoreline • Sea bottom - • Dredging Water quality • • Wave and • currents Flora and • Fauna Marine • habitats Air quality • Noise • Visual • Human • settlements Land surface • Hydrology • Human • activities Transport • infrastructure Socio- economic • sector
Coastal Village Conservation and Development Component
The expected sub-projects include rural and urban roads and streets, water supply, sewerage, community centers and parks.
The typical impacts expected for the various components of these types of projects and the recommended mitigating measures that may be adopted for each of them are detailed in 4.6.4 for each of the sub-project types and are summarized below. However, as the degree and scope of the impacts will vary according to their type and scope, the mitigating measures may vary too.
Construction and general impacts
In general the environmental considerations for the construction of each sub-project will include one or more environmental hazards such as health and safety hazards for the construction workers and the public; noise; restrictions to access; dust - leading to adverse air quality; soil and/or water pollution from fuel and oil, lack of suitable toilet facilities, waste materials, surface run-off, etc; excavation of materials and disposal of surplus soil/earth and other materials, risks to environmentally sensitive areas, flora and fauna, etc.
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Some sub-projects may be in areas of or encounter items of cultural value. Poor design, selection of materials and/or construction practices may cause loss of or damage to cultural heritage features.
As the duration of each sub-project is expected to be no more than 12 months, and the works may not take place in each area at the same time, the beneficiaries may only feel some of the impacts for a short time. However, some impacts may be both short-term (construction phase) and long-term (operation phase). These can include safety, visual impacts, noise, impacts to environmentally sensitive areas, drainage patterns, etc. These effects/risks will be assessed case-by-case and will be addressed through measures specific to each sub-project, as suggested by the sub-project designer and any EIA and EMP prepared for the sub-project.
Water supply
Additional impacts specifically associated with the rehabilitation and construction of water supply systems can include interruptions or changes in existing service regimes and possible effects on water quality.
Operational impacts include managing the resource in a sustainable manner, to avoid over-utilization and negative impacts on the associated environment, and avoiding contamination of the supply post-treatment. There may also be some visual impacts, noise from pumps, accidents associated with chlorination and impacts from the disposal of increased amounts of wastewater, uncontrolled leakage, etc.
Rural and suburban roads and streets
Additional impacts specifically associated with the rehabilitation and construction of roads.
Operational impacts generally include noise and vibration, air quality and other such nuisances, changes in traffic patterns – usually increases, vehicle and pedestrian safety, provision of improved and changed drainage patterns, and impacts from other supporting infrastructure such as retaining walls, culverts, bridges, etc.
Small bridges and footbridges
In addition to the effects associated with construction works for roads and streets (for the bridge approaches - but on a smaller scale), the impacts associated with the rehabilitation and construction of small bridges and footbridges generally center on changes to the river regime and the riverbanks, and on aquatic habitats and water quality, around the bridge structures and downstream. These impacts include pollution by construction materials as well as the effects of the construction itself.
These construction impacts may also remain during the operation phase. The risk of pollution should only be associated with any maintenance required.
Wastewater, drainage and sewerage
Additional impacts specifically associated with the rehabilitation and construction of drainage and sewerage include interruptions or changes in existing services, smell, health risks and possible effects on water quality – including drinking water services. Construction of a river outfall may also have the same affects as described under Bridges (above).
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Impacts associated with the operation of sewerage and wastewater treatment systems will generally focus on any treatment facility that may be provided, and the outfall/disposal points. The most likely impacts are expected to be visual, smell and pollution of water resources - especially if the effluent is inadequately treated. The location of the outfall/discharge point may also affect the river regime, as described under Bridges (above).
Poor attention to operation and maintenance may cause flooding, creating various kinds of public nuisance and risks to health, including contamination of water supplies. Cleaning of sewers, septic, tanks, etc., will also create smells and access problems, although these should both be temporary. Any material removed during cleaning will be hazardous to human health and the environment.
Minor buildings (cultural buildings, information centers, parks)
Impacts associated with the rehabilitation and construction of minor buildings, etc., will also be limited, and apart from any sanitation services provided and the disposal of any other wastes generated, they will also be relatively local.
During the operation phase issues such as increased traffic – pedestrian and vehicular, safety, noise, lighting, etc., may have to be considered.
Alternatives to each Component or Sub-project
In the preparation of each component or sub-project requiring an EIA, two or more alternatives will be analyzed. In each case, a “construct-nothing” alternative will be considered, to determine the environmental impact for such a variant. At least one other alternative will also be analyzed. This alternative will consider the impacts of the system location, the selected technological processes, the construction method(s), construction phasing, as well as costs of construction, and operation and maintenance.
Within each EIA, proposed options will be valued according to the following criteria:
• environmental impact and ecological acceptability of the proposed solution;
• construction, operation and maintenance costs;
• system adequacy, with respect to local circumstances, and the institutional and socio-economic circumstances.
Mitigation Measures
All available and cost-effective measures that can prevent or decrease to an acceptable level the negative impacts of the subject Program have to be considered. Environmental protection and preservation measures need to be anticipated during the preparation, construction, operation and maintenance, as well as in the case of decommissioning/aftercare activities of the different subcomponents. This is to include measures for the prevention and reduction of consequences of possible environmental incidents.
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Solid Waste Component
As the preliminary design of proposed landfill sites comply with European regulations and standards, the necessary mitigation measures are of a very standard nature. These measures will include well-documented guidelines for protection of the environment and management of waste at a landfill. Several additional larger scale mitigation measures will, however, also be required to deal with some of the more adverse assessed impacts.
A brief description of a selection of standard mitigation measures, as well as the ‘additional’ mitigation measures are described in the tables below.
Table 7: Standard Mitigation Measures – solid waste landfill
Standard Mitigation Measures Mitigated Environmental Aspect Construction Phase Water sprinkling to reduce dust air-borne dust Reduction of dust emissions emissions (when necessary); Secure waste soil storage and handling areas; Contamination off surface waters Secure storage (i.e. secondary containment) for Prevention of soil and hazardous materials and waste (fuels, solvents, etc.); groundwater contamination from spillages Limited time periods for certain construction Noise impacts activities (when necessary); Temporary sanitation facilities for workers. Prevention surface water contamination Operational Phase Secure storage (i.e. secondary containment) for Prevention of soil and hazardous materials and waste (fuels, solvents, etc.) groundwater contamination from in workshops; spillages Water sprinkling to reduce dust air-borne dust Reduction of dust emissions emissions during dry periods; Daily positioning and capping of deposited waste Reduces proliferation of pest species, material spread of debris, odor and dust dispersion, etc. (beneficial for odor, health, settlement, and ecological impacts) Limited time periods for certain transportation and Noise impacts compacting activities (in case of experience nuisance);
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Table 8: Additional Mitigation Measures – solid waste landfill
Additional Mitigation Measure Mitigated Environmental Aspect Impacts to Landscape; Operational Phase Design and application of a beautification program Lessens landscape impacts, noise in those cases where landfill site is visible and odor Impacts to Landscape; After-care Phase Design and application of a beautification program Lessens landscape and land use for both sites. Pre- planning should be undertaken impacts, and also on noise impacts to explore the land-use possibilities for the landfill site in the aftercare phase (i.e. recreation areas) Impacts to Ecology If any important species are found on the site, Lessens impact from habitat measures such as removal and relocation can be destruction used. Compensatory measures are also possible in this regard.
Porto Romano Component
The mitigation measures to deal with potential negative environmental impact during the remediation activities on the site of Port Romano are described in Section 4.4.2.
Saranda Port Component
Mitigation measures to minimize the adverse impacts outlined in the previous section are:
Table 9: Mitigation Measures for Possible Construction Impacts
Mitigation Measures-Construction Phase Mitigated Impact Water quality-Flora and fauna • Use of floating silt booms to reduce fine particles Reduction of suspended dispersion into sea water sediments • Use of non-cohesive material for land reclamation Reduction of suspended sediments • Secure storage of hazardous materials and waste Prevention of soil and (fuels, lubricants, solvents, etc.) groundwater contamination from spillages • Temporary sanitation facilities at the worksite Prevention of surface water contamination Air quality • Water sprinkling to reduce dust dispersion at Reduction of dust worksite • Coverage of trucks transporting construction Reduction of dust materials Noise • Use of construction equipment and machinery Reduction of noise nuisance complying with noise legislation requirements
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• Use of noise barriers, if needed, in case of exceeding Reduction of noise nuisance noise limits, especially in the vicinity of the urban area • Limited time periods for certain construction Reduction of noise nuisance activities Visual • Use of suitable fencing at the worksite Reduction of visual intrusion Human settlements • Limitation of access road width to the minimum Limited land acquisition required Table 10: Mitigation Measures for Possible Operational Impacts
Mitigation Measures-Operational Phase Mitigated Environmental Impact Shoreline ¾ Implementation of measures proposed by the Avoid possible coastal erosion or relevant coastline evolution hydraulics study accretion Water quality-Flora and fauna • Continuous monitoring of abiotic/biotic Early identification of pollution parameters incidents • Provision of suitable openings along the new Avoid “dead” points in the port breakwater for water circulation basin • Waste disposal management program Prevention of sea pollution incidents • Anti-pollution combat unit (oil-booms, Avoid extended pollution of sea dispersers etc.) in the port water • Boat sewage collection and disposal Avoid contamination of sea water Air quality • Power supply to cruise vessels (according to Reduce use of vessels’ auxiliary PIANC recommendations) engines
The nuisances/effects due to the construction and the operation of the port that remain even after the implementation of mitigation measures are presented below:
Table 11: Impacts Remaining after Possible Mitigation Measures
Sections affected Environmental Impact Flora and fauna • Covering of sea bottom Destruction or degradation of benthic communities in specific in the reclaimed area areas. However, new habitats will be created in the protected areas of the port structures Air quality • Emissions from Limited additional impact to the air quality from vehicles vehicles used for the transportation of cruise ships’ passengers Noise
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• Noise from vessels’ Limited additional impact to the local noise level from the engines and vehicles vesels’ engines and vehicles used for the transportation of cruise ships’ passengers
Coastal Village Conservation and Development Component
(i) Checklists of possible mitigation measures for likely impacts for the various sub- projects expected under this component.
The following checklists illustrate possible mitigation measures, and are not intended to be comprehensive. Any mitigation measures required for a sub-project will be determined by a process of environmental assessment during the design stage and by any EIA conducted. Suggested EA checklists suitable for use at the pre-feasibility and feasibility stages may be found in Annex 3
Table 12: Mitigation Check List: Water Supply
Environmental Possible Impacts Mitigation Measures Components Physical Environment Soils • Damage to soil structure due to • Protect non-construction areas, material storage, construction avoid work in sensitive areas traffic, etc. during highly adverse conditions, • Loss of topsoil during excavation provide temporary haul roads as • Effects of excavation for/disposal appropriate, restore damaged areas of soil and other materials • Strip topsoil where necessary, • Erosion due to uncontrolled store and replace post construction surface run-off and wastewater • Design drainage and other discharge disposal facilities to ensure soil stability Land • Damage to land during • Protect non-construction areas construction Landslips on • Design works to minimize land embankments, hillsides, etc. affected • Impacts from excavation • Design slopes & retaining for/disposal of soil and other structures to minimize risk, materials provide appropriate drainage, soil stabilization/vegetation cover • Strip topsoil as necessary and store, replace/reuse post construction • Take/dispose of materials from/at approved sites
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Environmental Possible Impacts Mitigation Measures Components Water Resources • Over-exploitation, causing • Determine sustainable use/yield changes in resources, flow (test as required) patterns, etc., with possible impact • Resource planning and on downstream users/ users management, in conjunction with elsewhere (if groundwater) authorities & communities • Interruption of surface and • Careful design - maintain natural underground drainage patterns drainage where possible, provide during and post construction, suitable wastewater drainage, creation of standing water safe/sanitary disposal of hazardous Contamination/pollution of wastes resource and/or supply by • Careful design, adequate construction, human and animal protection from/control of wastes, including fuel & oil, livestock; agriculture, casual hazardous wastes, wastewater, etc. human contact, hazardous materials - fuel (including storage), etc. Air Quality • Dust and fumes during • Control dust with water, control construction construction methods and plant, • Impacts from water treatment timing of works, vehicle speeds • Minimize major works inside communities • Appropriate design, training in O&M, safety Acoustic • Noise disturbance from • Time work to minimize Environment construction works, pump stations disturbance (if near house/s) • Use appropriate construction methods & equipment • Restrict through-traffic in residential areas • Careful siting and/or design of plant, provide noise barriers e.g. embankments of waste soil Biological Environment Natural Habitats • Disturbance of natural habitats • Careful siting, alignment, design from construction, e.g. dust, noise, of pipelines and structures, and/or un-seasonal working, poor siting timing of works (seasonal) of new works, disposal of • Select disposal areas and methods untreated wastes, etc. carefully Protect sensitive areas • Changes in water resources within/close to site regime • Ensure compliance with minimum seasonal flow requirements
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Environmental Possible Impacts Mitigation Measures Components Fauna and Flora • Loss or degradation during and • Careful siting, alignment and/or post construction, especially due design to minimize impacts, to un-seasonal working, changes especially for any sensitive/rare in environment regimes, etc (see species also above) • Select appropriate construction methods • Protect sensitive areas within/close to site Social Environment Aesthetics and • Local visual impact of completed • Careful siting and design of Landscape works and some intrusions into works, screening of intrusive items general manmade and natural • Replace lost trees, boundary landscape, loss of trees, structures, etc., re-vegetate work vegetation, etc. areas • Noise, dust, wastes, etc., during • Careful de-commissioning of and post construction construction areas and disposal of wastes • See also Soil, Land, Air Quality and Acoustic Human Health • Health and safety hazards during • Appoint experienced contractors. and post construction Incorporate safety and • Health impacts and diseases from environmental requirements in hazardous construction materials contract documents. Provide wastes, contaminated water, information on mitigating improper water treatment measures. Capacity building to emphasize need for safe working, good supervision, careful planning and scheduling of work activities, involve communities, fence hazardous areas • Correct design and adequate training in O&M of plant, safety procedures, water testing, etc. • Correct disposal of waste Historical/Cultur • Disturbance/damage/degradation • Careful siting/alignment of works; al Sites to known and undiscovered sites special measures to project known resources/areas • Immediately halt work in vicinity of discoveries, pending instructions from relevant authorities
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Table 13: Mitigation Check List: Rural and Urban Roads and Streets
Environmental Possible Impacts Mitigation Measures Components Physical Environment Soils • Damage to soil structure due to • Protect non-construction areas, material storage, construction avoid work in sensitive areas traffic, etc. during highly adverse conditions, • Loss of topsoil during excavation provide temporary haul roads as for/ disposal of construction appropriate, restore damaged areas materials • Strip topsoil where necessary, • Erosion due to uncontrolled store and replace post construction surface run-off and wastewater • Design drainage, structures to discharge ensure soil stability Land • Damage to land during • Protect non-construction areas construction Landslips on • Design works to minimize land embankments, hillsides, etc. affected • Impacts from excavation • Design slopes & retaining for/disposal of soil and other structures to minimize risk, materials provide appropriate drainage and soil stabilization/vegetation cover • Strip topsoil as necessary and store, replace/reuse post construction • Take/dispose of materials from/at approved sites Water Resources • Interruption of surface and • Careful design, maintain natural underground drainage patterns drainage where possible, consider during and post construction, alternative alignments creation of standing water • Store hazardous materials and • Contamination/pollution of wastes carefully, provide suitable resource by construction, human wastewater drainage and safe and animal wastes, including waste disposal hazardous wastes, fuel & oil, • Mitigate run-off velocities and wastewater, sediments, etc. volumes, provide • Increase in runoff and risk of retention/sedimentation ponds as flooding necessary • Flooding due to clogging of drains and drainage structures, etc.
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Environmental Possible Impacts Mitigation Measures Components Air Quality • Dust during and post construction, • Control dust with water according to road surface • Control construction methods and • Traffic fumes during and possible plant, timing of works increase post construction • Restrict vehicle speeds and through-traffic in residential areas, during and post construction • Careful design, especially at hazardous locations Air Quality • Dust during and post construction, • Control dust with water according to road surface • Control construction methods and • Traffic fumes during and possible plant, timing of works increase post construction • Restrict vehicle speeds and through-traffic in residential areas, during and post construction • Careful design, especially at hazardous locations Acoustic • Noise disturbance from • Time work to minimize Environment construction works, traffic – disturbance speed, quantity and type of traffic • Use appropriate construction during and post construction methods & equipment • Restrict vehicle speeds and through-traffic in residential areas, especially trucks, using signing and appropriate design Acoustic • Noise disturbance from • Time work to minimize Environment construction works, traffic – disturbance speed, quantity and type of traffic • Use appropriate construction during and post construction methods & equipment • Restrict vehicle speeds and through-traffic in residential areas, especially trucks, using signing and appropriate design Biological Environment Natural Habitats • Disturbance or loss of natural • Careful habitats and disturbance of siting/alignment/placement/design protected areas, during and post of structures (especially for new construction roads), and/or timing of works (seasonal) • Select disposal areas and methods carefully, Protect sensitive areas within/close to site
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Environmental Possible Impacts Mitigation Measures Components Fauna and Flora • Loss or degradation during and • Careful siting and/or design to post construction, especially due minimize impacts, especially for to un-seasonal working, changes sensitive/rare species in environmental regimes, e.g. • Consider alternative alignments disruption to wildlife movements and/or location of structures causing increased road kills, etc. • Select appropriate construction (see also above) methods • Protect sensitive areas within/close to site • Work seasonally, as appropriate Social Environment Aesthetics and • Local visual impact of completed • Careful siting and design of Landscape works and some intrusions into works, screening of intrusive items general manmade and natural • Replace lost trees, boundary landscape, loss of trees, structures, etc., re-vegetate work vegetation, etc. areas • Noise, dust, wastes, etc during and • Careful de-commissioning and post construction reinstatement of construction areas, and disposal of wastes • See also Soil, Land, Air Quality and Acoustic Human Health • Health and safety hazards during • Appoint experienced contractors. and post construction Incorporate safety and • Health impacts from hazardous environmental requirements in construction materials and wastes, contract documents. Provide pedestrian and vehicle accidents, information on mitigating • Transport of hazardous substances measures. Capacity building to emphasize need for safe working, good supervision, careful planning and scheduling of work activities, involve communities, fence hazardous areas • Correct disposal of wastes • Correct design, including safety measures at hazard points, fencing, road signs, etc. • Restrict movement of hazardous materials in residential areas
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Environmental Possible Impacts Mitigation Measures Components Human • Social change (new roads) • Appropriate design to minimize Communities social impact (see generally above) Historical/Cultur • Disturbance/damage/degradation • Careful siting/alignment of works; al Sites to known and undiscovered sites special measures to project known resources/areas • Immediately halt work in vicinity of discoveries, pending instructions from relevant authorities
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Table 14: Mitigation Check List: Small Bridges and Footbridges
Environmental Possible Impacts Mitigation Measures Components Physical Environment Soils • Damage to soil structure due to • Protect non-construction areas, material storage, construction avoid work in sensitive areas traffic, etc. during highly adverse conditions, • Loss of topsoil during excavation provide temporary haul roads as for/ disposal of construction appropriate, restore damaged areas materials • Strip topsoil where necessary, store • Erosion due to uncontrolled and replace post construction surface run-off • Design drainage and other disposal • Degradation of riverbanks and bed facilities to ensure soil stability post construction, especially • Careful design of abutments, piers through changed hydraulics and and protecting works flow patterns and erosion Land • Damage to land during • Protect non-construction areas construction Landslips on • Design works to minimize land embankments, hillsides, etc. affected • Impacts from excavation • Design slopes & retaining for/disposal of soil and other structures to minimize risk, provide materials appropriate drainage and soil stabilization/vegetation cover • Strip topsoil as necessary and store, replace/reuse post construction • Take/dispose of materials from/at approved sites Water Resources • Interruption of surface and • Careful design, maintain natural underground drainage patterns drainage and river flow patterns during and post construction, wherever possible, consider creation of standing water alternative alignments and • Contamination/pollution of structures resource by construction, human • Store hazardous materials and and animal wastes, including wastes carefully, provide suitable hazardous wastes, fuel & oil, drainage and safe waste disposal wastewater, sediments, etc. • Where possible execute construction during dry season • Mitigate run-off velocities and volumes, design outfalls accordingly
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Environmental Possible Impacts Mitigation Measures Components Air Quality • Dust and fumes during • Control dust with water construction • Control construction methods and • Traffic fumes post construction plant, timing of works (for road bridge) • Restrict vehicle speeds in residential areas • Appropriate design Acoustic • Noise disturbance from • Time work to minimize Environment construction works and traffic disturbance during and post construction – • Use appropriate construction speed, quantity and type (for road methods & equipment bridge) • Restrict vehicle speeds in residential areas, especially trucks, using signing and appropriate design Biological Environment Natural Habitats • Disturbance or loss of natural • Careful siting/alignment/ design habitats during and post (especially for new bridges), and/or construction (especially aquatic), timing of works (seasonal) due to hydraulics, changed flow • Select disposal areas and methods patterns, etc. carefully, Protect sensitive areas • Disturbance of protected areas within/close to site Fauna and Flora • Loss or degradation during and • Careful siting and/or design to post construction, especially due to minimize impacts, especially for un-seasonal working, changes in sensitive/rare species environmental regimes, e.g. • Consider alternative alignments disruption to fish spawning sites, to and/or location of structures wildlife movements (approach • Select appropriate construction roads), etc. (see also above) methods • Protect sensitive areas within/close to site • Work seasonally, as appropriate Social Environment Aesthetics and • Local visual impact of completed • Careful siting and design of works, Landscape works and some intrusions into screening of intrusive items general manmade and natural • Replace lost trees, boundary landscape, loss of trees, vegetation, structures, etc., re-vegetate work etc. areas • Noise, dust, wastes, etc., during • Careful de-commissioning and and post construction reinstatement of construction areas, and disposal of wastes • See also Soil, Land, Air Quality and Acoustic
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Environmental Possible Impacts Mitigation Measures Components Human Health • Health and safety hazards during • Appoint experienced contractors. and post construction Incorporate safety and • Health impacts from hazardous environmental requirements in construction materials and wastes, contract documents. Provide pedestrian and vehicle accidents information on mitigating (for road bridges), measures. Capacity building to • Transport of hazardous substances emphasize need for safe working, good supervision, careful planning and scheduling of work activities, involve communities, fence hazardous areas • Correct disposal of wastes • Correct design, including safety measures at hazard points - especially pedestrian/vehicle interaction, e.g. fencing, barriers, road signs, etc. • Restrict movement of hazardous materials, in residential areas, apply any load restrictions required during and post construction Historical/Cultur • Disturbance/damage/degradation to • Careful siting and alignment of al Sites known and undiscovered sites works; special measures to project known resources/areas • Immediately halt work in vicinity of discoveries, pending instructions from relevant authorities
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Table 15: Mitigation Check List: Wastewater, Drainage and Sewerage
Environmental Possible Impacts Mitigation Measures Components Physical Environment Soils • Damage to soil structure due to • Protect non-construction areas, material storage, construction avoid work in sensitive areas traffic, etc. during highly adverse conditions, • Loss of topsoil during excavation provide temporary haul roads as for/ disposal of construction appropriate, restore damaged materials areas • Erosion due to uncontrolled • Strip topsoil where necessary, surface run-off store and replace post • Pollution at discharge point, construction possibly leading to groundwater • Design drainage and other pollution disposal facilities to ensure soil stability and appropriate treatment Land • Landslips on embankments, • Protect non-construction areas hillsides, etc. • Design works to minimize land • Impacts from excavation affected for/disposal of soil and other • Design slopes & retaining materials structures to minimize risk, provide appropriate drainage and vegetation cover • Strip topsoil as necessary and store, replace/reuse post construction • Take/dispose of materials from/at approved sites Water Resources • Changes in regime from • Store hazardous materials and excavation for/disposal of soil, wastes carefully, provide suitable waste materials, etc wastewater drainage and safe • Contamination/pollution from waste disposal construction, human and animal • Select appropriate technology for wastes, including fuel & oil, wastewater treatment to minimize hazardous wastes, wastewater and pollution, especially in sensitive sewage – especially from locations, e.g. close to drinking discharge if not connected to water source, and operate and existing sewer. maintain correctly/ according to • Eutrophication of surface water agree discharge standards provide leading to habit changes, etc. O&M training • Site treatment works appropriately, or incorporate into larger wastewater systems, provide any treatment necessary to meet required standards, plus training
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Environmental Possible Impacts Mitigation Measures Components Air Quality • Dust and fumes during • Control dust with water construction • Control construction methods and • Hazardous gases in manholes and plant, timing of works during disinfection (if chlorine • Restrict vehicle speeds in gas) residential areas • Appropriate design • Proper operation, monitoring system in place Acoustic • Noise disturbance from • Time work to minimize Environment construction works and traffic disturbance • Use appropriate construction methods & equipment • Restrict vehicle speeds in residential areas, especially trucks Biological Environment Natural Habitats • Disturbance or loss of natural • Careful siting/design of structures habitats and disturbance of and/or timing of works (seasonal) protected areas, during and post • Select disposal areas and methods construction carefully, Protect sensitive areas • Changes due to eutrophication of within/close to site surface water Fauna and Flora • Disturbance or loss, especially • Careful siting, alignment and/or aquatic animals and vegetation design to minimize impacts, from eutrophication of surface especially for any sensitive/rare water, (effect of water pollution) species • Select appropriate construction methods • Protect sensitive areas within/close to site • Abatement of pollution by a proper effluent treatment and disposal.
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Environmental Possible Impacts Mitigation Measures Components Social Environment Aesthetics and • Local visual impact of completed • Careful siting and design of Landscape works and some intrusions in works, screening of intrusive general manmade and natural items landscape, loss of trees, • Replace lost trees, boundary vegetation, etc. structures, etc., re-vegetate work • Noise, dust, wastes, etc., during areas and post construction • Careful de-commissioning and • Unpleasant odors from treatment reinstatement of construction facility, disposal point and/or areas, and disposal of wastes polluted water course during and post construction, including proper O&M of treatment facility and training in both • See also Soil, Land, Air Quality and Acoustic Human Health • Health and safety hazards during • Appoint experienced contractors. and post construction Incorporate safety and • Health impacts from hazardous environmental requirements in construction materials and contract documents. Provide untreated wastes information on mitigating measures. Capacity building to emphasize need for safe working, good supervision, careful planning and scheduling of work and O&M activities, involve communities, fence hazardous areas • Careful siting and design of works • Correct disposal of wastes, based on selection of most appropriate technology; training in O&M operation and maintenance plans Human • Impacts may be concentrated • Adequate treatment prior to Communities downstream in other communities discharge • Adequate consultation of potentially affected communities Historical/Cultura • Disturbance/damage/degradation • Careful siting/alignment of works; l Sites to known and undiscovered sites special measures to project known resources/areas • Immediately halt work in vicinity of discoveries, pending instructions from relevant authorities
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Table 16: Mitigation Check List: Community Centers, Information Centers, Parks
Environmental Possible Impacts Mitigation Measures Components Physical Environment Soils • Contamination from waste • Protect non-construction areas materials, especially construction • Provide adequate storage, and and human wastes appropriate treatment and disposal of all wastes Land • Landslips on embankments, • Protect non-construction areas hillsides, etc. • Design works to minimize land • Impacts from excavation affected for/disposal of soil and other • Design slopes & retaining materials structures to minimize risk, provide appropriate drainage and vegetation cover • Strip topsoil as necessary and store, replace/reuse post construction • Take/dispose of materials from/at approved sites Water Resources • Contamination/pollution of • Store hazardous materials and resource by construction, human wastes carefully, provide and animal wastes, including suitable wastewater drainage fuel & oil, hazardous wastes, and safe waste disposal, with wastewater, etc. treatment as necessary Air Quality • Dust and fumes during • Dust control by water or construction (internal and/or otherwise Ventilation of external, including volatile internal areas both during and construction materials) post construction
Acoustic • Noise disturbance from • Use appropriate construction Environment construction methods & equipment • Time work to minimize disturbance Biological Environment Natural Habitats • Disturbance of natural habitats, • Store, treat and dispose of especially from improper waste wastes appropriately disposal Fauna and Flora • Loss or degradation due to • Store, treat and dispose of improper waste disposal wastes appropriately
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Environmental Possible Impacts Mitigation Measures Components Social Environment Aesthetics and • Local visual impact of parts of • Careful siting and design of Landscape completed works and some works, screening of intrusive intrusions in landscape, loss of items trees, vegetation, etc. • Replace lost trees, boundary • Noise, dust, wastes, etc., during structures, etc., re-vegetate and post construction work areas • Careful de-commissioning of construction areas and disposal of wastes • See also Soil, Land, Air Quality and Acoustic Human Health • Health and safety hazards during • Appoint experienced and post construction, including contractors. Incorporate safety user access and comfort and and environmental handling of wastes requirements in contract • Health impacts from hazardous documents. Provide construction materials, and information on mitigating untreated wastes measures. Capacity building to emphasize need for safe working, good supervision, careful planning and scheduling of work and O&M activities, involve communities, fence hazardous areas • Careful design of works and accesses • Correct storage of medical items, etc., and careful disposal of wastes, based on selection of most appropriate technology; training in handling, O&M plans, etc. Historical/Cultural • Disturbance/damage/degradation • Immediately halt work in Sites to undiscovered sites vicinity of discoveries, pending instructions from relevant authorities and agreed actions
(ii) Specific requirements for EIAs:
Any deep drilling carried out for water supply will have to undergo at least a summary EIA, as specified in the Law on EIA.
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According to the Albanian Law on EIA any wastewater treatment systems constructed will have to undergo a Summary EIA. According to World Bank procedures this will have to be enhanced as specified in Table 2 (Section 4.1.(i)).
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Social Safeguards Resettlement Policy
Policy Framework
The purpose of the Resettlement Policy Framework (RPF) is to clarify land acquisition and resettlement principles, organizational arrangements, and design criteria to be applied to infrastructure investments (sub-projects) included under the Integrated Coastal Zone Management and Clean-up Project (ICZMCP) (First Phase of the Integrated Coastal Zone Management and Clean-up Program) and other investments that follow the Southern Coast Development Plan (from Orikum to the Greek border) supported by the Bank or other financiers. For those sub-projects financed by the Bank, specific resettlement plans consistent with the principles included in this RPF will be submitted to the Bank for approval when specific information about any resettlement or land expropriation becomes available.
The RPF comprises the following elements. They are consistent with the provisions of the World Bank’s Policy, OP 4.12, on Involuntary Resettlement:
(i) Components for which land acquisition and resettlement are required
The main components of the ICZMCP that are expected to involve expropriations of some type are Southern Coastal Solid Waste Management, which includes the design and construction of two municipal landfills, one in Saranda and one in Himare; and the Coastal Village Conservation and Development Program, which will involve construction or rehabilitation of small public service infrastructure and rehabilitation of cultural heritage items. However, as the exact details or locations of these works is not known yet any specific resettlement or land compensation plans that will be required cannot be prepared. Requests for sub-projects may also arise from the implementation of the Southern Coast Development Plan (SCD) and preparation of local development plans. The formulation of the SDC is supported under the Project.
Any land acquisition and resettlement caused by the activities supported under the Project will be carried out following well-established procedures specified in Albanian laws and procedures relating to land purchase and expropriation that comply with World Bank Operational Policy (OP) 4.12 and Bank Procedures (BP) 4.12. These procedures are further specified in the following sections, which also provide detailed instructions regarding documentation and impact assessments.
(ii) Principles and objectives governing resettlement preparation and implementation
The premise governing the RPF is that involuntary resettlement and/or loss of land may cause hardship and impoverishment., Therefore, (i) any involuntary resettlement and/or loss of land will be avoided or minimized, particularly by implementing suitable alternative designs, sub-project locations, etc.; and (ii) where it is not feasible to avoid resettlement or loss of land, the affected persons will be meaningfully consulted when preparing the resettlement/compensation plan, and assisted in their efforts to improve or restore their livelihoods and standards of living to the levels prevailing prior to implementing the sub-project.
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(iii) Legal framework reviewing the fit between Albanian laws and regulations and Bank policy requirements, and measures proposed to bridge any gaps between them
Law 8561, dated 22.12.1999, On Expropriations and Temporary Takings of Private Property for a Public Interest and four Council of Ministers Decisions19 define the procedures for expropriation of immovable property in Albania. The expropriation of private properties is done only for reasons of public interest and with fair compensation. Expropriation is completed by a Decision of the Council of Ministers based on the proposal of the Minister heading the Ministry wishing to expropriate the property, who is designated as the competent official under the Law. In general, expropriations may be done for public projects and investments, for the protection of archaeological, historical or cultural monuments and for the protection of public health and security.
Law 8561 requires that procedures for direct notification of the intent to expropriate shall begin no more than ten (10) days after the relevant Ministry submits the expropriation request to the Council of Ministers. In addition, it is mandatory for the plan to expropriate the property to be published in a national newspaper for a period of one (1) week during this ten-day period.
The valuation of property is determined by a Valuation Commission that bases the calculation on the average of purchases and sales registered in the Immovable Property Registration System over the last 3-months. For expropriation of property with corresponding cash compensation, the World Bank Guideline OP 4.12 states that payment of cash compensation for lost assets is appropriate, where active markets for land, housing, and labor exist, there is sufficient supply of land and housing, and the affected persons are able to use such markets. In Albania, there are no major legal impediments to the land market that prevent affected persons from purchasing alternative land with the compensation received from the government as a result of the expropriation process. Furthermore, Albania has an increasingly active market in immovable property. A review of recent purchases20 indicates that current compensation at “market value” corresponds to the Bank standard of full replacement cost.
Notification of the final Decision of the Council of Ministers on expropriation is made directly to the owner(s) of the expropriated property, who have the right to appeal in court within thirty (30) days of receiving notice of the decision. However, the appeal may only be about the amount of compensation specified in the decision, and not about the decision to expropriate. Also, in the event of an appeal the implementation of the decision and the respective procedure for re-registration of the expropriated property will continue as decided.
In addition to the Ministry or Ministries involved in an expropriation, there are other institutions that will have relevant information and must be consulted in the process. One of the main institutions is the IPRS. The IPRS administers all spatial and legal ownership data related to immovable property. In addition to ownership information, other real rights are registered in the IPRS as well. For example, mortgages, liens, leases and easements are
19 Decision 126, dated 23.03.2000, On the Composition and Work Procedures of the Special Committee for Expropriations; Decision 127, dated 23.03.2000, On the Content and Procedures for Applications and Notification of Expropriation; Decision 138, dated 23.03.2000, On Technical Criteria of Valuation and Computation for Expropriation ; Decision 147, dated 23.03.2000, On the Rules and Manner of Functioning of the Special Committee on Expropriation. 20 Based on transaction information gathered by the Immovable Property Registration System for the years 2002-2005.
E11410rev0ICZMCP1ESSF1final.doc 54 20 April 2005 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework registered for each property. Also, when the property that is to be expropriated is located in a Cadastral zone that has completed the process of First Registration21 and the data have been transferred to the IPRS, it holds the records of legal ownership; and the process of expropriation can proceed in a relatively straight forward manner. When a cadastral zone has not completed First Registration, the expropriating entity has to rely on documents issued by the Local Land Commissions in rural areas and several other types of documents for urban areas, such as Decisions from the Restitution/Compensation Commissions or sales contracts from the National privatization Agency or the Municipality.
While World Bank OP 4.12 embodies the principle that a lack of legal land title does not disqualify affected people from resettlement assistance, under relevant Albanian legislation, discrepancies with this principle arise. Specifically, according to the 1998 Urban Planning Law, buildings without construction/building permits are considered illegal and can be demolished without having to follow the formal expropriation process and without having to pay compensation.
Therefore, within the scope of the Project:
1. All sub-project proposers, including LGUs and private individuals and bodies, will be encouraged to avoid using sites that are occupied by large illegal settlements or sites that have multiple or competing claims to land. 2. If a sub-project requires the acquisition of land that is occupied by individual encroachers/ squatters who do not have formal legal rights to land, yet have a claim on the land or assets, the affected people will be provided compensation for the property lost, and, in the case of resettlement, assistance as deemed necessary to restore their living standards for their former level(s) (see (ii) above).
(iv) Likely categories of affected persons, eligibility criteria for defining the various categories, and compensation package
While it is likely that expropriation for some sub-projects will involve some land acquisition, and maybe some loss of other assets, it is less likely that the expropriation will result in the loss of shelter or sources of income. However, this RPF includes consideration of possible adverse impacts from loss of shelter and relocation, as well as loss of assets and/or income (livelihood).
As indicated in (iii) above, the criteria for eligibility to receive compensation will include those people who are occupying the affected land. This includes those people who cannot show any formal or recognizable legal rights to the land they are occupying, as well as those who can show a formal legal right to any of it.
The practice in Albania to date has been to follow existing legislation and to compensate owners with a cash lump–sum, which may be used for construction of new housing. If land- for-land is the preferred option, the affected people will be provided with land that is at least equivalent to the advantages of the land taken. If land-for-land is not the preferred option, cash compensation will be offered at levels that will be sufficient to replace the lost land and other assets and cover moving and other necessary allowances (see (ii) above).
21 see 2.6
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(v) Mechanisms for consultations
In addition to documenting the expropriation procedures indicated above, once the tentative arrangement of the civil works is identified, each sub-project proposer will hold public consultations to discuss the expropriation and its implications. All those whose ownership or occupation of land that will be affected by the expropriation will be invited to these consultations, in which they will be offered choices about their options and rights pertaining to compensation, and resettlement – if required, and provided with technically and economically feasible alternatives. Their views will be sought and the content and results of the consultations will be recorded in minutes that will be maintained in the sub-project files and made available to the PCU and the Bank.
(vi) Description of the implementation process
The implementation of expropriation activities will be linked to the implementation of the sub-projects, to ensure that loss, and displacement required, does not occur before the necessary mitigation measures and resources are in place. In particular, land and related assets will be taken only after compensation has been paid and/or resettlement sites have been provided.
(vii) Arrangements for funding resettlement
The overall responsibility for resettlement and expropriation for the Project is under the MoTAT; however, the actual responsibility lies with the Ministry wishing to expropriate the property, e.g. MoE for Porto Romano (see also (iii) above). The financial responsibility for the expropriation procedures, including the compensation to be paid, resettlement costs, etc., lies with the Ministry of Finance (MoF), working with the expropriating Ministry. The Council of Ministers is responsible for issuing the expropriation decision and authorizing the funds required.
The PCU, MoTAT, in consultation with the Treasury Department, MoF, is therefore responsible for ensuring that the responsible Ministry submits the expropriation dossier required by the Law On Expropriation to the Council of Ministers and following up and ensuring conclusion of the compensation procedures by the expropriating Ministry and its partners, e.g. LGU, if any. The land acquisition transfer must be fully completed, and payment made, before any Works can be executed on the expropriated property.
(viii) Responsible Institutions and/or Agencies
The following agencies and institution are responsible for the coordination and delivery of each activity in the land entitlement policy:
Immovable Property Registration Office for each District in the Project area, (located in Vlora and Saranda), under the authority of the Central Registration Office, which are responsible for identifying and verifying property boundaries and ownership and other rights such as leases and concessions.
Land Administration and Protection Offices (formerly Cadastre Offices) under the Qark of Vlora, which will clarify land allotment certificates (Tapis) for agricultural land that has not been formally registered and transferred to the Immovable Property Registration Offices.
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The Communes – Lukova, Ksamili, and the Municipalities - Saranda, Delvine, and Himare, located along the Vlora-Saranda coastline that are under the Qark of Vlora, which will be responsible for the provision of land-for-land, resettlement sites and other resettlement assistance.
Ministries and Agencies that will coordinate all the implementing procedures including land development, credit, training and community consultation are as follows: MoTAT, MoF, Ministry of Local Government (MoLG), Ministry of Agriculture and Food, Ministry of Labor and Social Assistance, Prefecture of Vlora.
(ix) Grievance Redress mechanisms
The Expropriation Law provides for an appeals process against the proposed award for compensation. In addition, the Urban Planning and Construction Police laws allow for administrative appeals against a decision for demolitions of illegal construction. Further appeals can be made to the district courts. The Office of the Ombudsman in Tirana receives complaints from citizens against government actions that affect their rights.
The MoTAT, the MoLG, and relevant LGUs will establish a coordination unit in Vlore Qark for redressing grievances. It will act as contact point for facilitating resolution of complaints relating to expropriation, payment of compensation and resettlement. This office will also act in liaison with the PCU.
(x) Process for preparing and approving resettlement plans and arrangements for monitoring
The expropriation authority, assisted by the sub-project proposer, will prepare a Resettlement Plan for any expropriation required, and execute it prior to commencing physical works on the expropriated property. The Plan will include details about steps already taken, such as notification or consultation with owners, and a description of the land acquisition process. It should also include the following: an estimate of the amount of land that will be acquired, baseline census and socio-economic survey information for the affected persons; the specific compensation rates and standards; entitlements that are to be provided, related to impacts identified through the census or survey; description(s) of the land to be provided and/or the resettlement sites; the implementation schedule for the compensation/resettlement activities; and a detailed cost estimate.
This will be reviewed by the PCU and submitted to the Bank for review and ’no objection’ before it is sent to the Council of Ministers for its decision. The PCU, and Bank supervision missions, will monitor the implementation and resettlement plans and their outcomes.
Operational Steps
The following Operational Steps are required for the acquisition of any immovable property22 for public investment purposes under the ICZMCP.
For those sub-projects financed by the Bank, specific information on the expropriation or resettlement process, in the form of a Resettlement Plan consistent with the principles
22 Immovable Property refers to land and buildings as defined in the Albanian Civil Code (1994).
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In each case no works may start on the property to be expropriated until the compensation has been paid and/or the alternative land has been provided as agreed, as set out in the Resettlement Plan.
In each case the PCU, MoTAT, will ensure that the procedures and timeframes regarding notification, surveys and valuation, appeals and payment of compensation, etc., as set out in the RPF are respected. It shall review each Resettlement Plan prior to submitting it to the World Bank for ‘no objection’, to satisfy itself that it is suitable for submission.
Scenario I: When an investment affects a property that is privately owned and the legal owner has all of the necessary ownership documentation for the land and any building to be expropriated
1. The procedures set forth under Law 8561, dated 22.12.1999, On Expropriations and Temporary Takings of Private Property for a Public Interest (Law On Expropriation) will be implemented. The Ministry responsible for implementing the Law On Expropriation and completing the required expropriation documents (MoTAT, Local Government, Transport, Environment etc.), or its representative, shall notify the occupier in writing of the intention to expropriate all or some of the property and implement the other procedures set out in the Law and the RPF.
2. The World Bank will review the information provided in the Resettlement Plan and, if it considers the assessment and the decision are appropriate and satisfactory, it will provide a ‘no objection’ and the sub-project and the Resettlement Plan may proceed to implementation.
Scenario II: When an investment affects a property that is privately owned or occupied and the owner does not have all of the necessary ownership documentation
1. In each case the Ministry responsible for implementing the Law On Expropriation and completing the required expropriation documents (MoTAT, Local Government, Transport, Environment, etc.), or its representative, will review the legal status of the land and buildings, and determine the legal status of the land and any building on the land, as summarized in Scenarios II.A & II.B below.
The procedures to be followed in each case will be as described under the respective scenario.
The baseline survey for the ICZMCP will be used to identify those people who are eligible for the assistance required by the Bank.
23 Note: A Resettlement Plan is to be prepared in all cases involving expropriation of land or property even if only compensation is to be paid or land-for-land is agreed.
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Scenario II.A: If the occupier is the legal owner of the land and has all of the appropriate ownership documentation but does not have all of the necessary documentation for any building that is to be expropriated (building permit, etc.):
1. The responsible Ministry shall notify the occupier in writing of the intention to expropriate all or some of his/her property. The notification will include information on the legal status of the building, identify any documents that are missing and the steps that the occupier must take to legalize his/her status under the Laws: On Urban Planning, On Control and Disciplining of Construction Works, On Legalization of Informal Settlements and/or other relevant legislation.
2. The responsible Ministry may then negotiate a mutually acceptable agreement with the occupier, for vacating the property in return for compensation or alternative land, outside the provisions of the Urban Planning or Expropriation legislation. The agreement will be signed provisionally24 by both parties and sent to the World Bank. The World Bank will review the information provided and, if it considers the assessment and the decision are appropriate and satisfactory according to the RPF, it will provide a ‘no objection’ and the sub-project may proceed to implementation.
If no agreement on compensation can be reached, the occupier will be given a sufficient amount of time within which to legalize the status of the building, and:
a. if the status of the building is legalized, the Law On Expropriation will be implemented and compensation will be granted for the expropriated land and/or building, using the procedure defined in Scenario I above.
b. if the building is not or cannot be legalized under the requirements of the Law On Urban Planning, or other relevant legislation that allows regularization or legalization of property, the Law On Expropriation will be implemented and compensation will be paid for the expropriated land only, using the procedure defined in Scenario I above.
3. The World Bank will review the information provided in the Resettlement Plan and, if it considers the assessment and the decision are appropriate and satisfactory, it will provide a ‘no objection’ and the sub-project and the Resettlement Plan may proceed to implementation.
Scenario II.B: If the occupier of any land or building that is to be expropriated but is neither the legal owner of the land nor the building:
1. The responsible Ministry shall notify the occupier in writing of the intention to expropriate all or some of his/her property. The notification will include information on the legal status of the land and the building.
24 i.e. agreed, subject to a ‘no objection’ by the World Bank
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2. The responsible Ministry will also negotiate a reasonable resettlement plan or compensation package as per the RPF, which at a minimum will defray the costs of structures and buildings, but not the loss of land. The Resettlement Plan or compensation package should be signed provisionally by both parties25 and sent to the World Bank.
3. The World Bank will review the information provided in the Resettlement Plan and the supporting information, and, if it considers the assessment and the decision are appropriate and satisfactory, it will provide a ‘no objection’ and the sub-project and the Resettlement Plan may proceed to implementation.
Scenario III: When an investment is proposed on property that also has a restitution/compensation claim:
In addition to carrying out the procedures described in Scenarios I, II.A and II.B above for the present occupier:
1. The Ministry responsible for implementing the Law On Expropriation and completing the required expropriation documents (MoTAT, Local Government, Transport, Environment, etc.), or its representative, will contact the relevant Local Commission on Restitution and Compensation of Property to find out the status of the restitution/compensation claim and:
a. If the restitution claim has not been adjudicated, the process will be expedited and the Decision for restitution or compensation will be issued within 30 days of the inquiry.
b. If the restitution claim has already been adjudicated and the property has been restituted to the former owner, the Law On Expropriation will be implemented for the restituted owner, using the procedure defined in Scenario I above.
c. If the claim has already been adjudicated and it has been determined that the former owner is only to receive compensation for the former property, the MoTAT will ensure that the Decision has been properly registered in the respective Immovable Property Registration Office. In addition, a compensation plan for the former owner, with specific deadlines for fulfilling the compensation requirement, will be presented to the World Bank.
2. The World Bank will review the information provided and, if it considers the compensation package and deadlines are appropriate and satisfactory according to the RPF, it will provide a ‘no objection’ and the sub-project may proceed to implementation.
In both (b) and (c) above no works may start on the property until the Restitution Decision concerning the former owner has been registered in the IPRO and the compensation due to the present occupier has been paid and/or the alternative land has been provided as agreed.
25 i.e. agreed, subject to a ‘no objection’ by the World Bank
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Reporting
Every 3 months each Ministry responsible for a Resettlement Plan will prepare a detailed report of its active plans, with statistics and specific information. These will be submitted to the PCU, MoTAT, for it to record and maintain information on the social safeguards process, for which it has overall responsibility.
Process Framework for Butrint National Park
The process to be followed during Project implementation will consist of the following key steps:
(i) Participatory Planning Approach
Following-up on the consultations conducted during preparation, communes and local authorities will continue to participate in the project throughout implementation contributing to the updating of the protected areas management plan for Butrint National Park. Through a well-designed participatory process, the management plan aims to gain public acceptance for not only natural and cultural resources management proscriptions identified in the management plan, but also possible restrictions to the use of resources which may be necessary to en ensure the long-term sustainability of these resources. The management plan will aim at developing a more in-depth understanding of: (a) the types and extent of community involvement in legal and illegal use of land, pastures, and natural resources in protected areas, (b) the existing de jure and de facto rules and institutions for the use of this resource; (c) the potential livelihood impacts of increased restrictions on these activities; (d) communities’ suggestions and/or view on the types of activities that are considered unsustainable and need to be curtailed as a priority; (e) community suggestions and / or views on possible mitigation measures to help alleviate the adverse impacts of such restrictions; (f) potential conflicts over the implementation of proposed interventions and methods for solving them; and (g) design of measurement of baseline indicators for the monitoring and evaluation of the Process Framework. The terms of reference for the updating of the management plan will specifically outline the participatory approach to be followed as well as the tasks listed above.
(ii) Contact Person for Process Framework
The Butrint National Park Administration (BNPA) will be responsible for the updating and implementation of the protected areas management plan and for facilitating implementation of activities under the Environmental Protection and Sustainable Economic Activities portion of the Coastal Village Conservation and Development Program in Aliko, Xarra and Ksamili communes. A contact person will be nominated in the BNPA to take responsibility for the implementation of the Process Framework. This official should be a senior-level staff of the organization and will apply the Process Framework.
(iii) Community Mitigation and Resource Management
If adverse impacts are unavoidable, the consultations will focus on identifying measures to assist subsistence users to improve or restore their livelihoods whole maintaining the sustainability of Butrint National Park. The Management Plan will include a section that describes the community mitigation and resources management actions to be implemented by
E11410rev0ICZMCP1ESSF1final.doc 61 20 April 2005 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework the BNPA, targeted at individuals and communities whose livelihoods will potentially be affected by implementation of the updated management plan. The actions will be selected in such a manner that they will not require major additional funding from the Government.
(iv) Local Management Forum
A Local Management Forum (LMF) will be established to update the protected areas management plan. The LMF will comprise the members of the local council, and at least one representative from each affected community or village, and NGOs. The forum will select its own chairperson. The Butrint National Park Board will facilitate a process of joint consultation of the protected areas management plan.
(v) Monitoring and Evaluation Arrangements
As part of the monitoring of social development outcomes, the PCU will hire consultants to carry out annual socio-economic surveys to monitor progress of the project at regular intervals. These surveys will be tailored to measure impact of the protected areas management plan against the initial socio-economic baseline carried out during the preparatory phase. A strategy for participatory monitoring of beneficial and adverse impacts within the Butrint National Park will be put in place during project implementation.
(vi) Plan of Action
The updated protected areas management plan will serve as the Plan of Action required b the Bank’s policy on Involuntary Resettlement to be developed and submitted to the Bank during implementation prior to enforcement of existing and new laws and regulations governing access to resources.
Resettlement Plan, Porto Romano Hot Spot
(i) Objectives
4 families (17 persons) living in the most contaminated part of the hot spot will be resettled in suitable accommodation in Durres Municipality. The new homes will provide adequate conditions to assure social integration, economic viability, and to facilitate socio-economic, gender-oriented development of the family members.
(ii) Socio-economic Profile of the affected People and Valuation of Assets
The four families concerned have strong bonds with each other. Three families are relatives. One family belongs to a different ethnic group but the families are all ready to be resettled in common if the housing offered by the Municipality will conform to their standards, future expectations and perceptions.
The families have limited income, due to the fact that one woman only has a permanent job, at the post office. All the men are daily casual workers, and expect to earn 1,000 Leke/day, at least 5-10 days per month. The living costs are quite high. Electricity costs around 4,000 Leke/month. The estimated living costs per family are around 20,000 Leke/month. One member of one family has a pension of about 3,500 Leke/month, due to the recognition of a professional disease (mining).
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The casual work places are all over Durres area. Each morning the men travel 7 km to Durres by public bus, at a cost of 20 Leke each way. There they wait to be selected by interested employers for different types of daily casual work.
In total 8 persons in the age between 24-50 years old are ready to work. Their practical experiences ranges from agricultural worker, mining worker to post office employee. Their educational standard is elementary school (8 classes).
In cases of difficult financial situations the Albanian tradition is of extended-family support mechanisms. Most commonly families borrow money from other relatives. Relatives of the four families have been settled in Durres for a long time. Social help in Porto Romano is only available from a religious NGO to the Christian population. No Muslim oriented association and no independent NGO is operating in Porto Romano.
Elementary schooling is available at the present site, at a distance of 500 meters. Due to no heating system being available and a lack of teaching staff the school hours are only from 12.30 to 4.00 pm. No fee has to be paid and schoolbooks are free since 2003.
Health care is available in the Porto Romano health center (500 m, fully staffed). The health card allows free treatment and free medicaments according to the governmental list of medicaments. For some other medicaments 50% of the cost has to be paid, others, on prescription, must be purchased in a pharmacy.
Table 17: Family data
Families to be resettled Ages of family members e g e f e h s n d o t i z f g u e i f v t r o e n s o i i c o s e l h r y e d u b 1 2 3 4 6 r l e l a r e i l o i e e r m h p h u n m o t Y u o b a w e C n f N i p O Isuf Tufa 1993 4 50 41 9 8 Xhevair Smeli 1998 6 30 30 24 24 3 1 Rustem Dalipi 1998 4 34 30 8 6 Sakip Jana 1996 3 60 57 22 Total 17
The ownership of the properties is difficult to prove. Most of the inhabitants of Porto Romano are illegal settlers. However, one of the families to be resettled can show some documents relating to the purchase of the property from a Ramiz Tollja, with papers showing his purchase of the property from the Privatization Authority. The Municipality considers these are sufficient to demonstrate legal ownership. Based on this evidence the Municipality will assist the families to obtain this missing documents required.
In accordance with World Bank policy the local office of the Registration of Immovable Property Service, Durres, will prepare a formal valuation for the existing property and land.
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In the absence of this valuation using the land and building values near to the factory26, but outside the contaminated area the maximum value of the properties (houses and land) is estimated to be US$ 95,500, as shown in the table below. However, as the land and the buildings are contaminated their true value is very low, if not zero. Therefore, if the land has no value, using the using the lower values for the buildings only, the total value of the property is in the region of US$ 58,700.
Table 18: Value of houses and land
e ) u ² e l e u a m l ( u v e e l a t u
Owner of Size of n a v u i l l e ) ) t n a V ² 2 a i house house d ) ) ) u v V r n g m m $ $ $ / / a l – u ( ( ( n d i $ $ g a - n ( g ( t d f l a o n d i o i L n T u d e l a B z i
L W Area i L u
2 S (m) (m) (m ) B Isuf Tufa 8 10 80 80 7.50 640 150 12,000 12,640 Xhevair Snela 13 13 169 300 7.50 2,250 150 25,350 27,600 Rustem Dalipi 13 13 169 300 7.50 2,250 150 25,350 27,600 Sakip Jana 13 13 169 300 7.50 2,250 150 25,350 27,600 Totals 587 980 7,390 88,050 95,440
(iii) Site Selection, Preparation and Relocation
On Friday 28.10.2003 the Mayor of Durres confirmed that the Municipality will take the responsibility for the resettlement of the four families. Subsequently Decision No 84 of the Municipal Council On the housing of 4 families in the former facilities of the NPA dated 12/02/2004 has allocated a former factory unit in Shkozet. The Municipality has entitlement to the property (attached).
Shkozet is a suburb of Durres city, approximately 2 km east of the town center and port on the former main road to Tirana. It is a former industrial area, but more and more it is becoming a housing area.
The property available has a surface area of approximately 400 m2 and has to be refurbished to make it habitable. The plans and contract documents for the refurbishment have been prepared by the Municipality, which will also supervise the works. The Municipality has formed a working group composed of different members of the political-administrative system and the technical services to oversee the whole process. The MoE has allocated a sum of Leke 6,000,000 (US$ 60,000) for the work. The MoE has no arrangements to allocate any further amount to the resettlement, at least during this financial year.
The list of works to be executed includes provision of electricity, water supply and sewerage. The Municipality has advised that the quality of these and other services – health, schools,
26 The verbal advice is that these values are in the range US$ 7 - 7.5 per m2 for land and US$ 100 - 150 per m2 for buildings
E11410rev0ICZMCP1ESSF1final.doc 64 20 April 2005 Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework public transport, etc., is better in Shkozet than in Porto Romano. Also, there have been no known problems for children of other families moving school in the past so no problems are expected for the school-age children in these families.
The allocation of the properties, as indicated in the plan of the works, is as follows
Table 19: Sizes of New Apartments
d a ) m 2 o m s o m ( o r m o s g o r n o m i Owner of the house g r o v n i d o i l e r v f i b d o e L b a e r A Isuf Tufa 81.7 1 2 Xhevair Snela 80.6 1 2 Rustem Dalipi 50.6 1 1 Sakip Jana 50.6 1 1 263.5
The size of the properties allocated is according to the norms laid down for the habitable area per person as defined in the Law on Housing, and excludes the non-habitable areas such as bathrooms, corridors, stairs, balconies, etc. The overall floor area of the building, including the stairs and landing is 400 m2. In addition the families will have access to the paved area in front of the property (approximately a further 400 m2).
(iv) Compensation and Other Assistance to be Provided
Based on mid-range values of approximately US$ 25 per m2 for land and US$ 300 per m2 for property in Shkozet27, the overall value of the site and the property is estimated to be US$ 130,000, based only on the land on which the building stands. Considering the $60,000 that is allocated by the MoE for spending on the refurbishment the value of the property and land is more than twice that of Porto Romano.
The Municipality will provide transport to help the families move. As the move is to another place within Durres Municipality, and closer to the city, it is expected that the families will be able to restore their livelihoods almost immediately.
The above decision offered the families property for rent. However, following the decision about ownership, as described above, the Municipality is now able to offer:
a) Compensation for a sum to be determined by the Valuation Committee (estimated to be about $90,000), and to be approved by the Council of Ministers, with the families to be responsible for their own resettlement.
27 The verbal advice is that these values are in the range US$ 15- 30 per m2 for land and US$ 250 – 350 per m2 for buildings
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b) Refurbished properties in Shkozet, as per Municipal Council Decision No 84, dated 12/02/2004 (2 Dec 2004), with immediate ownership of the apartments, following a decision of the Council of Ministers.
The municipality is prepared to offer both, as well as the Ministry of Environment.
(v) Consultations with the Families to be Resettled
The Municipality reports that it held discussions with the families in the Municipality office following its decision to provide the refurbished property in Shkozet, and that they were willing to move to the proposed location when the works were complete. However, discussions with a representative of the families following the decision about ownership of their existing properties (see attached minutes) have indicated their preference for (a) above. This is to be confirmed formally as indicated in the program in the Timetable and Budget section.
Subject to formal conformation of this preference Municipality will request a formal valuation of the property by the Valuation Commission, to determine the actual amount of compensation due. Based on the Valuation Commission’s recommendation the MoE will prepare a report for the Council of Ministers recommending payment of compensation.
Should the families finally decide to choose (b) the Municipality will start execution of the works to refurbish the buildings in Shkozet, paid for by the MoE, and the MoE will apply to the Council of Ministers for a decision to grant title to the families for their respective apartments.
(vi) Institutional Responsibilities for Implementation and Redress
In the case of (a) the MoE will arrange payment of the compensation to the families, in conjunction with the Treasury Department, Ministry of Finance, according to the Law On Expropriation. In the case of (b) the Municipality will take the full responsibility for execution of the works and moving the families, to be reimbursed by the MoE.
The person immediately responsible for overseeing the whole process is the Chief of the Cabinet of the Mayor, Durres Municipality, (069 207 7969). The Housing Director is responsible for resettlement elements like grant of title (if required), transport of house furniture, etc. The Mayor is taking overall responsibility for the whole process. The families are expected to address any grievances to the persons directly responsible.
The person in the MoE responsible for ensuring the financing of the compensation package/rehabilitation works is the Secretary General (+355 (0)4 270623).
(vii) Monitoring and Evaluation (M&E)
The working group established by Durres Municipality will be responsible for M&E of its part of the process, while the Secretary General of the MoE will be responsible for overall monitoring of the process. The Municipality has stated that its services will assure social impact monitoring, with the goal that the social conditions of the families will be improved from their existing conditions.
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Progress will reported monthly to the PPU, MoTAT and the World Bank, and will refer specifically to progress with respect to the target dates in (8) below.
(viii) Timetable and Budget
Table 20: Timetable for Resettlement
Task Responsibility Date Resettlement Allocation of warehouses Durres Municipality 2 Dec 2004 Agreement by families that they will Durres Municipality/ by 20 April a) receive compensation for a sum to be families 2005 determined by the Valuation Committee or b) settle in the refurbished building in Shkozet Obtain missing ownership documents for Durres Municipality/ 15 May 2005 existing property families (a) Compensation Submit report to Council of Ministers MoE 15 May 2005 Receive Council approval Council of Ministers 15 June 2005 Receive finance Ministry of Finance 7 July 2005 Payment to families MoE 14 July 2005 Vacate property, after taking belongings families 21 July 2005 (b) Resettlement Commencement of refurbishing, Durres Municipality 14 May 2005* Shkozet Payment of Contractor Durres Municipality/ as per program (budget: US$ 60,000) Ministry of for Works Environment Submit report to Council of Ministers MoE 15 May 2005 for Ownership title to new apartments Approve Grant of Title Council of Ministers 15 June 2005 Award and Registration of Title Durres Municipality/ 15 July 2005 Immovable Property Registration Office Completion of warehouse refurbishing Durres Municipality 1 Aug 2005* Relocation of affected families Durres Municipality Aug 2005* (free of charge – estimated cost US$ 20 - 50 per family, according amount of furniture and other personal effects) Civil Works (site remediation) Start of Civil works - Phase 2 Ministry of 21 Apr 2005* Environment Demolition of existing properties – to Civil works immediately on prevent reoccupation by others, also the contractor vacation by properties have to be demolished to allow present
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completion of the civil works as designed. occupants * planned date, based on the latest information available
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Cultural Assets Description of the Legal, Institutional and Administrative Framework
Albanian Legal Provisions
Matters relating to cultural heritage a governed by Law Nr. 9048, “For the Cultural Heritage”, dated April 7 2003. This is a very far-reaching law, covering many aspects of cultural heritage. The articles related to restoration, preservation and chance finds28 during construction are considered particularly relevant to the ICZMCP. Their key provisions are summarized below. The competent authorities are identified in Table 21 that follows.
The Law requires any persons who discover or excavate, at random, objects of the cultural heritage during construction works to suspend work immediately and inform the relevant local authorities29 within three days. These bodies are then responsible to make the respective check of the objects found, to report on their values and make the proposals on the continuation of the works or halting them for further investigation. These bodies may also decide on any changes or eventual interruption of the works to preserve the objects found. (Article 48)
For any large construction projects the investors have to consult the relevant authorities during the drafting of the project and applying for construction permission. The experts will check the area and prepare their respective report and any modifications required to accommodate or protect any important cultural objects. The proposal to modify the project must be delivered by the institutions having performed the checking. The expenses for these modifications must be covered by the investors themselves. (Article 47)
Any restoration of any objects of cultural heritage, e.g. a public building protected by order of the competent authorities, must be carried out by persons licensed for such works. (Article 17) Any objects restored by out-of-government institutions must be supervised by the competent government institution(s). The area surrounding a cultural monument is considered a protected area (Article 32), and works to be executed must be authorized by the competent body. (Article 33)
Any costs or expenses incurred from any changes required by the competent authorities, at any project stage, for any of the above situations, including any scientific searches required, and any necessary restoration or preservation activities, have to be met totally by the investor. However, in the case of the restoration of items of cultural heritage certain funds are available from the relevant authorities, according to the category of the monument.
Administrative Framework
Under Albanian law the MoCYS is the body legally responsible for matters relating to cultural heritage30. It has a number of directorates and institutes under its authority, as indicated in the following table. The Article numbers in the table refer to those items in the Law likely to be most relevant to ICZMCP.
28 unexpected objects discovered by chance 29 local government units, Institute of Archaeology, Institute of Cultural Monuments 30 Legislation pertaining to the protection of Listed Monuments and Protected areas may not be overruled by any other authority – including the Councils of Adjustment of Territories (KRT) (Art. 38)
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Table 21: Structure of the Ministry of Culture, Youth and Sports (MoCYS) Units Governing Mission/duties/activities Legal Authority responsibility (Article reference) Directorate of Cultural MoCYS Defines Cultural Heritage Heritage Policies Drafts Legislation for the protection preservation and restoration of Cultural Heritage Institute of Cultural Directorate Protection of built heritage Monuments of Cultural Reviews requests to list and Art. 25.2 (IoCM) Heritage de-accession monuments Applies a 6 month Art. 26.1 & 26.2 moratorium for evaluation process Art. 32.1 & 2 Surveys sites for determining protection area. Art.33.1 Authorizes restoration, utilization of site National Center of the Directorate Records and registers Art. 7.1 & 2 Cultural Resources Inventory of Cultural heritage values Heritage Records relocations Article 19.4 National Council of MoCYS Executes and/or supervises Art. 17.1 - 6 Restoration restoration works Academy of Sciences Parliament Institute of Archaeology Academy of Proposes studies and (IoA) Sciences projects to MoCYS Authorizes excavations, Art.33.1& 2 restoration, utilization of site Art. 43 .1 Lists archaeology sites and protects them. Art. 43.2 Cooperates with IoCM for surveying. Council of Ministers Authorizes temporary Art. 19.3 relocation of movable heritage Art. 29.2 Approves nomination (decree) and administration of listed monuments submitted by MOCYS
The Institute of Cultural Monuments (IoCM) performs its activities in collaboration with the Regional Directorates of Cultural Monuments. RDCMs are established in different regions of the country. There are two RCDM offices in the project area, in Vlore and Sarande.
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The RDCMs undertake the protection and management and the preservation and restoration of cultural monuments. The MoCYS makes and approves the RDCM budgets for activities including the restoration of cultural monuments, personnel and operating costs and services, as recommended by the IoCM. The restoration works are carried out either by specialized state institutions, the RDCM itself or by persons or companies licensed for such works by the National Council of Restoration.
The Institute of Archeology (IoA) and the IoCM are responsible to make investigations of any chance finds discovered in the course of any works, and to report on the values found and make the proposals for the continuation of the works, or their modification or cessation. They are also responsible for checking the site of any large works prior to any application for a Construction Permit, and producing a report of their findings. There is an obligation on these bodies to require modifications to the proposed works if there is any evidence of items of cultural value.
Any works to be executed in a culturally designated area, or in the surrounding protection zone, have to be permitted by the IoA or the IoCM before the KRT will issue a Construction Permit. All restoration projects have to be approved by the National Council of Restoration before they are authorized by the IoCM.
Comparison with World Bank policy and European Treaties
The Bank’s policy is normally to decline to finance projects that will significantly damage non-replicable cultural property, and will assist only those projects that are sited or designed so as to prevent such damage. It will also assist in the protection and enhancement of cultural properties encountered in Bank-financed projects, rather than leaving that protection to chance.
Deviations from this policy may be justified only where expected project benefits are great, and the loss of or damage to cultural property is judged by competent authorities to be unavoidable, minor, or otherwise acceptable. Specific details of the justification should be discussed in project documents.
Before proceeding with a project that might entail the risk of damaging cultural property, Bank staff must: (1) determine what is known about the cultural property aspects of the proposed project site. The attention of the government should be drawn specifically to this aspect and appropriate agencies, NGOs or university departments should be consulted; (2) If there is any question of cultural property in the area, a brief reconnaissance survey should be undertaken in the field by a specialist.
Table 22 reviews areas of possible differences between the Albanian law for cultural heritage relevant to the Project, and relevant parts of World Bank policy and the European Treaties.
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Table 22: Comparative Analysis of Cultural Property documentation
Albanian European Treaties World Bank Comments Legislation, Law Safeguard Nr. 9048 for OPN 11.03 Cultural Heritage Art. 34 ETS 143, Art. 5 If there is any question It is not clear if plans (collaboration of (Integrated of cultural property in and planning process local governments conservation of the the area, a brief actively incorporates units with relevant archaeological reconnaissance survey or collaborates with Institutes) heritage) should be undertaken relevant CH in the field by a institutions. specialist.
ETS 12131, Art. 10.1 No environmental (need to include the impact assessment conservation of required. protected properties in town and regional planning objectives, when plans are being preparation and work is being authorized)
ETS 121, Art. 13 Correspondence (need for integrated between European and effective co- treaty & Albanian operation between Law departments and officials of different central and local authorities)
Guidelines & Procedures
Good practice measures for the protection of cultural property will be integral to the design and implementation of the Project, and will be applied to investments such as water supply, sewage and drainage, pavement improvements, rural roads, and other municipal infrastructure, as well as investments specifically associated with items of cultural value.
As a financial intermediary (FI), the MoTAT, via the PCU, will be responsible for the screening process and ensuring that the LGUs follow the required cultural heritage procedures. The PCU shall monitor and support the screening process and satisfy itself that the procedures are being followed to the satisfaction of the Albanian Law and World Bank policy. In the event of any deviations or unreasonable delays it shall seek the advice of the
31 ETS 121 is “European Convention on the Protection of the Architectural Heritage of Europe”, established in Granada on October 3, 1985. ETS 121 entered into force on December 1, 1987. As of April 15, 2002 Albania was not a signatory to this Convention.
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The process will comprise:
Step 1: Cultural heritage screening: The LGU/sub-project proposer will determine whether the works (i) will involve any major excavations as defined in the Law; (ii) will require any form of construction in a cultural heritage area32 or a buffer zone, as defined in the Law, or (iii) might otherwise be reasonably suspected of encountering any objects of cultural value. The details of any such sub-projects will be submitted to the local offices of the IoCM and the IoA for review and investigation.
Step 2: Cultural heritage assessment. Within fifteen (15) days of receipt of the application the IoCM and IoA shall advise the LGU/sub-project proposer in writing of any possible cultural interest(s) in the site, any intentions concerning any investigations planned and their expected duration, any public consultations required and/or their outline requirements for the sub-project design. If no interest is stated the design and implementation process may continue without further reference to these bodies.
If any interest is expressed the IoCM and IoA shall examine the site of the proposed Works and, according to the results, determine whether the Works may go ahead as planned, shall be modified in any way, or they shall not be permitted. This shall be stated in writing, within the expected investigation period. In the event of any delays or extension of the investigation period the LGU/sub-project proposer shall also be advised in writing, and the extra time required.
At least one public consultation shall be held, as detailed in 4.2.1. This may be as part of the EIA process if there are to be EIA consultations. Otherwise the consultation shall be held before finalizing the design.
As required, the final design shall be submitted IoCM and/or IoA for its formal review and approval before submission to the World Bank for its ‘no objection’.
Step 3: World Bank Approval: On receipt of the IoCM/IoA decision the LGU/sub-project proposer will forward a copy to the PCU, MoTAT, accompanied by the documentation required for review by the World Bank. The PCU shall satisfy itself of the appropriateness of the decision, confirm to the Bank that the applicable procedures have been followed, and submit the documentation for review.
The World Bank will review the information provided and, if it considers the assessment and the decision are appropriate and satisfactory, will provide a ‘no objection’ and the sub-project may proceed to implementation, i.e. application to the KRT for a Construction Permit; alternatively it will suggest areas where strengthening is needed before a no-objection can be provided and an application made to the KRT.
No Works shall commence until the World Bank has provided a ‘no objection’ and the approval of the KRT has been received.
32 1st category cultural monument, 2nd category cultural monument, preliminary protection, watching.
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Step 4: Implementation. If, during any construction works, traces or objects of archaeological or cultural value are found, the Works shall be suspended immediately and the Contractor and the LGU/sub-project proposer will inform the relevant authorities of the find(s), as stated in the Law on Cultural Heritage33. They shall also advise the PCU.
The authorities shall advise the LGU/sub-project proposer of the actions to be taken or its intentions for any further investigations, etc., in writing, within fifteen (15) days of receipt of the advice. These shall be copied to the PCU. Any instructions given shall be strictly observed.
Details of these Implementation requirements shall be incorporated into the model Conditions of Contract prepared by the Project, and into any Partnership Agreement and similar documents between the MoTAT and the partner institution or organization.
The PCU will ensure that the following steps are part of the screening process:
• Review of overall compatibility of sub-project activities with the basic cultural heritage values and fabric of traditional villages, maintaining their visual integrity and coherence in the use of materials, color, scale, style and quality of detail; • Review of materials, construction techniques and technologies to confirm that they are the same as the original, or are highly compatible with traditional infrastructure, sites and buildings and that they will assist long-term sustainability; • Review of design solutions for installing public utilities such as street lighting, water and sewerage service to confirm that they are compatible with historic streetscapes; • Confirmation that activities respect the urban patterns of plots and streets; the relationships of buildings to green spaces and public places; and appropriate buffer zones around sites of historic interest; • Verification of compatibility with cultural heritage enhancement and revitalization concerns in the Land Use and Zoning Plans • Consultation with communities with the activities as they relate to conservation and support of the traditional village fabric.
To assist the PCU a Cultural Heritage Advisory Panel will be established. It will review sub-project activities involving physical cultural heritage, and will include representatives from the National Institute of Cultural Monuments, its Regional Directorate in Vlore and selected local and international experts. It will review and comment upon sub-project applications that will affect items of cultural value, especially with respect to materials and construction techniques; for their accuracy, authenticity and compliance with internationally accepted standards for cultural heritage conservation.
The Panel may also give advice on good design and construction practice that will help to enhance the ‘tourist-ambiance’ in ‘non-cultural’ designated areas. This should be in the form of advice notes for use by LGUs, sub-project designers and PCU staff, and capacity-building workshops.
33 Refer to Articles 44 – 48 of the Law 9048, 07.04.2003 “For the Cultural Heritage” and other relevant articles
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Public Disclosure of the ESSF Public Discussion of ESSF
The Draft ESSF was discussed with the main stakeholders in the Project area during April 2005. A summary of the ESSF and summaries the main infrastructure components, as described above, were distributed and the framework procedures discussed.
Copies of the Minutes of the meetings may be found in Annex 5.
Public Access to ESSF
Copies of the Draft Final ESSF have been translated into Albanian and have been made available to the general public at the offices of all the LGUs in the Project Area, at the office of Vlora Qark and at the MoE and MoTAT offices in Tirana. An English language version is available at the World Bank Infoshop website.
These documents will be replaced by the final version of the ESSF as soon as it is approved by the Government of Albania and the World Bank and is available in the Albanian language.
The availability of the draft documents has been advertised in the local and national press. The final versions will also be advertised in the press.
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Integrated Coastal Zone Management and Clean-up Project Environment and Social Safeguards Framework
Annex 1: Types of projects relevant to the ICZMCP that appear in the Law on EIA Appendices and other Documents Extracts from Law No.8990, dated 23.1.2003, “On Environmental Impact Assessment”
Appendix 1: Activities that shall undergo a Profound Process of Impact Assessment on Environment Para No. Description 23. Plants for burning, recuperation, chemical treatment or bury of hazardous waste. 25. Landfill for deposit of non hazardous waste with capacity higher than 30 tons/day. 30. Extraction of subterranean water or artificial schemes of recharging the subterranean waters where the annual volume of refilled (recharged) water is equal or higher than 5 million m3.
Appendix 2: Activities that shall undergo a Summary Process of Impact Assessment on Environment Para No. Description & sub-para 2. Mining Industry: (ç) Deep drilling, in particular: - Drilling for water supply, excluding drilling to monitor the land sustainability;
10. Infrastructure project: (b) Projects of urban development including construction of malls and vehicles parking places; (d) Construction of roads, ports and installations in ports, including even the fishing ports (projects not included in appendix 1); (g) Work in the coast against erosion and works that will change the coast during construction such as moles and other protective marine works, excluding maintenance and rehabilitation of such works; (gj) Discharging of subterranean waters and schemes of artificial refill of subterranean waters that are not included in Appendix 1;
11. Other projects: (b) Installations used for waste elimination (projects which are not included in Appendix 1); (c) Plants for treatment of polluted waters (projects which are not included in Appendix 1); (ç) Installation for collection of waste (projects which are not included in Appendix 1); (e) Landfills of industrial waste; (f) Places used for collection of dead animals or undesirable ones
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Appendix 3: Selection Criteria (data to be provided to determine whether a project in Appendix 2 should undergo a Profound EIA)
1. Project Characteristics Project characteristics consider particularly the following: - Project size; - Combined impact on environment with existing or future projects; - Use of natural resources; - Generation [recycling] of waste; - Pollution and disturbance; - Risk for accidents based mainly from substances and used [old] technologies.
2. Location of project implementation Environmental sensitiveness of geographical areas that might impact from the project should be considered particularly at: - Existing use of the land; - Relative abundance, quality and regenerative capacity of natural resources in the area; - Absorbing capacity of natural environment paying special attention to the following areas: (a) Marshland; (b) Coastal areas; (c) Forest and mountainous areas; (ç) Natural parks and reservations; (d) Strictly protected areas; (dh) Areas within which quality standards in national and EU have been exceeded; (e) Overpopulated areas; (f) Landscapes of cultural, archaeological and historical importance.
3. Potential impact characteristics Potential impacts of projects should be reviewed in accordance with Criteria 1 and 2 but particularly based on the following: - Extension of impact (geographical area and extension in distance of affected population); - Trans-border feature of the impact; - The size and complexity of the impact; - Possibilities of impact exercise; - Duration, frequency and reversibility of the impact.
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Decision Of Council Of Ministers Nr.805 Dated 4.12.2003 On Approval of the List of Business Activities that has Impact on the Environment and which should be subject to Environmental License/Permit Group of Activities Para No. Description & sub-para 8. Waste management: 8.1.2. (c) plants of waste recycling, biological or chemical treatment, etc 8.4. communal landfills 8.5. industrial landfills
9. Others 9.9. wastewater treatment plants 9.15. (e) construction of roads (f) construction of ports (j) works on sewerage networks (k) wastewater treatment plant (m) construction of water networks (n) works on the beaches like erosion protection, small ports (q) water transmission mains
Extracts from MoE Guidance No. 3, dated 08/17/2004 On Approval of the List of Business Activities, Application Form and Rules and Procedures to Grant Environmental Consent and Authorization from the Regional Environmental Agencies
Annex 1 List of Local Business Activities that must obtain an Environmental Authorization [granted by the REA] Para No. Description 14. Sewers and sewer rehabilitation, up to 2 km; 15. Water pipes and water pipe rehabilitation, up to 2 km; 16. Road construction and reconstruction, up to 2 km;
Annex 2 List of Local Business Activities that must obtain an Environmental Consent [granted by the REA] nil
N.B. Items not included in the above Annexes must be forwarded to the MoE for granting of an Environmental Permit
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Internal Order Nr.137 dated 17.08.2004 (Nr 235 prot.) On needed documents to apply for an EIA permit
A) Legal docs include: 1. Legal documents of Registration (in the Court) of the applicant 2. Legal documents on the possibility to use immovable property for activity 3. Certification from state authorities to allow the land use for the proposed activity
B) Technical docs include: Technical/Technological details of the project/processes Schedule of Works Additional infrastructure works Location/plan layout, maps, etc Plan layout of the territory
C) EIA docs include Detailed description of project possible impacts Construction schedule Data on the environment of the location where the project will be constructed Monitoring program Set of docs to verify the consultation process Copy of the license of the legal person who prepared EIA etc.
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Annex 2: Model Forms for an Environmental Management Plan A. MITIGATION PLAN FOR SUB PROJECT ______
Sub-project Possible Environmental Item of Works Mitigating Measure Responsibility Cost in Lek Phase Impact
Execution
O & M
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B. MONITORING PLAN FOR THE SUB-PROJECT ______
Where it is How it is to Cost in Lek to: Responsibility to: project Phase Parameter to be When it is to Why it is to to be be monitored be monitored be monitored Install Operate Install Operate monitored monitored
Execution
O & M
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Annex 3: Environmental Assessments and Checklists Environmental Assessment
The goals of an environmental assessment (EA) for a sub-project are to:
• Collect evidence that the proposed sub-project will not violate existing environmental regulations, except where approved by the appropriate environmental authority; • Evaluate potential adverse environmental impacts; • Highlight the need for specific prevention and/or mitigation measures; • Make recommendations on the type and level of environmental activities at further stages of the sub-project, especially monitoring and mitigating negative impacts.
The steps to be taken are:
• Identification (Pre-feasibility) stage: The beneficiary community and commune/municipality will prepare a preliminary assessment of potential impacts using guidelines provided by ESSF. • Feasibility stage: The LGU/proposer is responsible for ensuring that the following activities are carried out: o A desk study using documentation provided during sub-project identification and supported by other available data. This will result in a brief report describing the various impacts expected from the sub-project for use during the field assessment. The report will identify any further information to be obtained, information that needs to be confirmed during the field study, investigated in more detail, etc. o Visit the sub-project site to carry out a field EA to confirm the information already provided and collect any other information required to carryout the steps detailed below. This will result in a Feasibility EA along the lines detailed under Results, below. It may include suggestions of possible technical solutions that the designer may adopt to minimize any expected negative impacts and should also determine the need to engage a specialist environmental consultant to carry out a more detailed EA (see below). Depending on the circumstances this Feasibility EA may be prepared by the LGU/proposer, or a third party. However, in all cases the LGU/proposer has the responsibility to ensure that the Feasibility EA is of appropriate quality. • Final design (Design Report) stage: Based on the Feasibility EA the sub-project designer or specialist environmental consultant will prepare his/her own assessment (Design EA), prepare the design of the sub-project or advise the designer as appropriate, and prepare the environmental management plan (EMP). Where appropriate, the latter should be prepared in conjunction with the sub-project designer.
Based on the information provided in the Feasibility EA the contracted sub-project designer or specialist environmental consultant will:
• Make his/her own assessment of the affected environment. • Investigate any restrictions on the use of land and resources for the sub-project.
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• Ensure that the design of the sub-project will minimize negative environmental impacts. • Check that the sub-project proposal complies with other environmental laws and regulations. • Estimate the range, scope and scale of the potential environmental impacts. • Determine the result of the EA as detailed below. • Make recommendations on the need for specific prevention and/or mitigation measures, through the preparation of an EMP. • Prepare the required EMP. • Ensure that the sub-project receives the necessary environmental approvals, prior to the commencement of construction. • As the construction supervisor, ensure that the works are constructed as per the requirements of the EMP.
The Result of this final EA (Design EA) will be summarized in the designer’s Design Report for the sub-project, or, if prepared by a specialist consultant, will be annexed to it. Possible statements are:
• Positive environmental impacts are anticipated. • No significant adverse environmental impacts are anticipated. • Possible significant adverse environmental impacts are anticipated. • The proposed sub-project will violate existing environmental regulations.
The Design EA will be complemented by report and recommendations based on the assessment, including:
• A brief description of the affected environment; • A brief description of potential impacts; • Recommendations on: o Whether the sub-project should be implemented or not (based on environmental grounds). o What specific prevention and/or mitigation measures should be taken during sub-project implementation, if any, including different technical solution(s) construction methods, etc., for design and/or construction, supported by the EMMP. o Any further EA and/or public involvement required at other stages of the sub- project. o The need for specialist environmental input(s), to prepare a more environmentally appropriate sub-project, and EMP.
The LGU/sub-project proposer will satisfy itself as to the accuracy and appropriateness of the Design EA, assisted by the REA, and will take action to ensure implementation of the EMP during the construction/rehabilitation and operation phases of the sub-project.
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Feasibility EA: Desk Study Checklist
As far as possible, this information should be provided by Beneficiaries during sub-project identification. It should be supplemented by information available to the LGU/sub-project designer from other sources. All the information should be verified during the field appraisal.
Issues of land and resource use, environmental permits and licenses • What land-use permits required are already in place? • What material resources will be required, e.g. water, stone, earth, etc.? Specify whether they will be used for construction and/or operation. • Which resources require permits or licenses (forest use, water use, gravel for road construction etc)? Which permits are already in place?
Sub-project site description
Review the sketch plan provided showing the proposed scope of the sub-project. If no plan has been provided obtain a suitable plan before commencing the study.
• What information is there about current land users/owners – name, contact details, type and extent of use/ownership? What information is missing? • Does any part of the sub-project site fall under specific environmental regulations, e.g. nature reserve, protected area, national park? Specify. • Does the project fall under regulations of any other specific law? Specify.
Potential environmental impacts and compliance with environmental regulations
• Describe any disturbances and/or nuisances that may be produced during construction and operation (soil, water resources, flora, fauna, noise, etc). • Describe any activity that will fall any environmental protection category. • What wastes will be generated during construction and/or operation? Which of them are toxic or hazardous? What are the estimated quantities and what methods will be used to treat and/or dispose of them, and where? • What emissions will the sub-project create? • Will the project create or increase risks of natural or other disasters (landslides, flooding, etc)? Specify the type, likely location and likely conditions under which they will occur.
Relevant Environmental Regulatory Authorities
Review the details of the parties interested in environmental matters provided by the Beneficiaries (name, address, contact). Which other bodies should be added?
• Relevant Local Government Units, including any associated activities/services such as gravel extraction, waste disposal. Details of their environmental specialist(s), if present. • Regional Environmental Authority (REA) • Public Health Directorate • Forestry authority; Nature reserve, National park (if applicable) • Any other environmental protection authority.
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Feasibility EA: Field Study Checklist
This study should be conducted by LGU representatives in partnership with the beneficiary community/communities.
Location
• Check the site plan provided and correct, modify and annotate as required. Include land ownership details as required. Where a plan is not provided obtain a site map, or make a sketch of the site plan and add information as suggested above. • Mark the location of the site on a map of the local area, indicate the extent of the likely environmental impacts.
Site Survey Questionnaire:
• Who are the community representatives? Names, positions, contact details. • What are the contact details of others interested in the site – local government, any specialist agencies – environmental and non-environmental? • What is the approximate area of the site (ha or m2) that will be used for the project activities? Identify permanent and temporary areas separately. • What is the current use of the site? Provide a brief overview. • What were its previous uses? Provide dates where possible. • Describe the physical layout of the site, particularly any major features, e.g., hills, ravines, watercourses, water bodies, flood plains, erosion attributable to water run- off, sensitive habitats - e.g. marshy areas, nature reserves, protected areas, historic landmarks, soils, etc. Which ones change seasonally? Describe the extent and timing of the changes. Mark the details on the site plan and identify any of the features that could be affected by the proposed sub-project, their likely scope, scale and duration. • What is known about the geology/hydrogeology beneath the site? • What services exist on the site – water, sewerage, electricity, telephone? What are their approximate locations? • Where will construction materials come from/surplus materials be disposed of? Carry out this procedure for areas where there will be a significant impact remote from the sub-project site, e.g., new sites and existing sites where more than 2% of production will be used in the sub-project. • What special permits or licenses will be required? Who will issue them? • What are neighbors to the site? E.g., buildings, fields, industries, schools, watercourses. What are their uses? Provide details of the landowners, tenants, etc., and show the extent of their interest. Where possible estimate the distance to/from the site. • Who else might be affected? When and how? E.g. children walking to/from school, people visiting heath centers, elderly people, flora & fauna, transport services. Which ones change seasonally? To what extent? • What information is there about rare/protected species of fauna and flora (e.g. Red book species?)? List protected mammals, birds, fish, reptiles, natural plants and common cultivated plants, present in the area, or those of particular interest. Mark their current habitats, seasonal variations, breeding season, etc. What is/are the risk(s) to these species?
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• What are the current uses of water in the site? Give details. How this will change as a result of the sub-project? • Has the site produced or is the site producing any wastes or effluent? If yes, give details, e.g., how much, when, where it goes to, etc. How will the sub-project change them? • What facilities/systems are there for the disposal of surface water and/or sewage effluent? What is their capacity? Where are they? How will they need to change as a result of the sub-project? • How will the sub-project change the landscape significantly (e.g., draining wetland areas, changing water courses)? • Using the relevant checklist for the sub-project (see Appendices) list the impacts, both positive and negative to be expected or anticipated. Determine their likely timing, duration, scope and scale, and suggest measures than could be taken to monitor and mitigate the negative impacts.
Visual Inspection Procedure Points to remember whilst on site: • Visit as much of the site as possible, preferably on foot. • Mark relevant information on a copy of the site plan provided, as well as making written notes. Include details of the surrounding areas – to determine impacts on neighboring areas and visa versa. • Take photos of potentially sensitive areas and for general record purposes. Obtain permission first. • Make notes of any odors, smoke or dust emissions, wastes, etc.
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Annex 4: Documents required for Issuing of a Construction Permit The documents (“approvals”) normally required by the KRT34, as defined in Law “on urban planning” Nr 8405, dated 17.09.1998 and law 8991 dated 23.01.2003 “on several additional and changes of the law Nr 8405, dated 17.09.1998“on urban planning” and DCM Nr.722 date 19.11.1998 “on regulations on urban planning” before a Construction Permit can be issued include, but are not limited to, the following:
For use of a piece of land for construction:
• Cadastral Land Ownership Verification Certificate . This is issued by the Cadastral Office or Immovable Property Registration Office. • Outline details of the type of construction proposed, i.e. detailed project • Approval of Local Urban Planning Office, on the suitability of land for proposed construction, as per Land Use Zoning, etc.
For construction of physical infrastructure:
• Approval of Urban Planning Office for use of the land (see above) • Environment Consent, Authorization or Permit. This could include production a Simple or a Profound EIA and/or an EMP, and public and stakeholder consultations as specified by the Law. (Regional Environmental Authority to decide.) • Permit of water and/or waste water supply (if the construction works and/or the completed project needs a water supply and/or is to discharge wastewater). This is to be issued by local water & waste water enterprise. In cases of large consumption of water this is also subject to Regional Water Basin Council or National Water Council approval (see Law on Water Reserves Nr 8093 Dated 21. 03. 1996). • Permit of energy supply (if the construction works need energy or the if the final building/works needs energy supply). This is issued by KESH (Albanian Energy Corporation) local office. • Telecom permit/authorization, if the construction works are to go across telecom installations. This is issued by ALBTELEKOM local office. • License for operation of the building/installation after construction, after hand-over to the operator. This is issued by local Urban Office and any other special office linked with technology of the object/installation/etc. In some cases this license has to be renewed at the beginning of the calendar year. For example for water concessions this is issued by the Regional Water Basin Council. • Design License of the designer. • Construction License of the Contractor • Registration in the court of the Contractor • Verification that contractor has paid taxes and social insurances. • Payment of 2% of investment from Contractor to local tax office as a Construction Tax
34 Regional or National Council for the Adjustment of Territories
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Annex 5: Minutes of ESSF Consultation Meetings The ESSF Public Consultation meetings were held in Orikum, Himara and Saranda on 7th and 8th April 2005. The purpose of the meetings and the program form them was discussed and agreed with senior representatives35 of Vlora Qark on 31st March 2005. A suggested list of stakeholders to be invited to attend was also agreed. The Chief of the Qark undertook to arrange the invitations and be present in the meetings. The list of stakeholders to be invited may be found in Appendix 1. Specific comments made during the meetings on the types of infrastructure proposed may be found in Appendix 2.
In each meeting the ESSF objectives and target of the stakeholder consultations were explained by the local consultant for the ESSF preparation and consultation process. A three-page summary of the ESSF in the Albanian language was distributed. It covers: (i) the condition of the coastal zone from Orikum to Saranda, (ii) objective and actions of ICZMCP, (iii) the ESSF, (iv) short description of type of interventions planned, (v) Environmental safeguards procedures, (vi) Social safeguards procedures, (vii) Cultural heritage protection procedures and (viii) Institutional strengthening and capacity building issues of LGUs and central government agencies for facilitation of the ICZMCP.
The following matters were discussed:
• The procedures proposed under the ESSF for stakeholder & public consultations that will be carried out for environmental, social and cultural safeguard issues for each investment at each project stage. • The ways local leaders and local stakeholders should be involved to achieve a real stakeholder and public consultations. • The importance of observing Albanian legal requirements for clear and fair stakeholder and public consensus procedures for (i) EIA, (ii) land ownership and (iii) cultural heritage protection, was discussed. • Additional requirements for stakeholder and public consensus in each of the above to meet WB policy requirements. • Related legislation on urban, water, land, construction permission, etc.
To help the stakeholder better understand the ESSF procedures there was discussion of the requirements for receiving a permit of construction for any work to be carried out (landfill/WWTP/water network/road/etc), especially an environmental permit, possibly accompanied by an EIA (including public consultations on the EIA as per Public Participation Regulations Nr.1 “On Public Participation of EIA process” (MoE, dated 17.08.2004 (Nr 233 of Prot.) as well as documents relevant to land use and ownership, i.e. ownership documents from the Cadastral Office and documents from heads of the communes/villages on the consensus achieved to use certain surface of land for investment purpose.
In each meeting it was explained that the notes of the meeting will be written and included as an annex to the ESSF, with a register of the persons in the meeting, and that these minutes will formally note each stakeholder’s commitment to participate in the ESSF process during Project implementation and organize stakeholder and public consultations according to the ESSF document and the Albanian Law.
35 Chief of Vlora Qark, Mr. Theodhori Shija, Prefect of Vlora Region, Mr.Artan Nela, Director of Urbanism and Tourism, Vlora Qark, Mr. Vladimir Haxhi.
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ORIKUM STAKEHOLDER MEETING 7 APRIL 2005 Meeting at 9.30 am, in the premises of Orikum Municipality. Present: Thedhori Shija, Head of Vlora Qark Beqir Kashuri, Mayor of Orikum Selaudin Nelaj, Head of Orikum Municipal Council. Blendi Bani, Urban Chief Officer Luiza Zani, Head of REA, Vlora Region Vladimir Haxhi, Head of Urban and Tourism Department, Vlora Qark Sulejman Bebeqi, Director of Programming and Development, Vlora Qark Roland Ibrushi, Director, “Orik Construksion”, solid waste collection contractor Riviera Mjaltaj, Infrastructure and Services Officer Sanie Hile, Officer of Agriculture Office Mustafa Lagji, Alderman (Kryeplak), Radhime village Fatmir Lacaj, Alderman (Kryeplak), Tragjas village Thanas Qesargjoni, Agricultural Inspector Genc Myftiu, ESSF local consultant, MoTAT Proceedings: Welcome from Mayor of Orikum, Mr.Beqir Kashuri. Project Objectives were presented by head of Qark, Mr.Thedhori Shija The Mayor of Orikum presented his ideas on coastal tourism development and described the recent urban operations works in Orikum town. He agreed to the need for stakeholder & public consultations to pave the way in project preparation, but considers that this is not so important in Orikum because of the stock of public-state owned land available. Other heads of the villages did not agree and they described their respective problems that they were optimistic about resolving with the donor investments hoped for. Following discussion and explanation of the proposed ESSF procedures and the legal obligations for such consultations, the Mayor and other participating villages heads stakeholders agreed to proposed procedures and clearly declared that they will organize and participate in the stakeholder and public consultations for providing suitable sites, free from land ownership conflicts, for landfill and wastewater treatment plants (WWTPs) either for individual villages, the LGU as a whole, or for the whole region. They are also committed to participate in EIA and cultural stakeholder and public consultations, although they think some of the procedures are too elaborate for them to attend to alone and that they need better be informed on the process. They stressed the need for strong support and advice on how to better manage and facilitate these processes. The LGU heads and key experts declared themselves committed to cooperate in practical terms in order to facilitate the Project. The Head of the Qark, Mr.Thedhori Shija, Ms Luiza Zani, Head of REA, Vlora Region, and Vladimir Haxhi, Head of Urban and Tourism Department, Vlora Qark, declared their official responsibility to assist the stakeholder and public consultations to facilitate the project.
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HIMARA STAKEHOLDER MEETING 7 APRIL 2005 Meeting started on 14.30 in the premises of Himara Municipality, Mayor’s Office Present: Vasil Bollano, Mayor Tatjan Rrapo, Secretary of Municipal Council Luiza Zani, Head of REA, Vlora Region Vladimir Haxhi, Head of Urban and Tourism Department, Vlora Qark Vasil Dani, Urban expert Enea Kumi, Chief of Environment and Tourism Lefter Prifti, Vice Mayor Spiro Cura, Director Infrastructure and Service Department Aleks Dedi, Director Municipal Police Ilia Stramarko, Alderman Dhermi village Dhimiter Coli, Chief of Kadastra office Gogo Bifsha, Member of Council, village Dhermi Nr.2 Qirjako Malo, Vice Chief, village Dhermi Nr.2 Genc Myftiu, ESSF local consultant, MoTAT Proceedings Welcome from Mayor of Himara Mr. Vasil Bollano. He also presented a description of Himara municipality problems and issues emphasizing that Himara is not a poor location and they have only growth problems targeting at improving tourism management. Project Objectives were presented by Vladimir Haxhi, Head of Urban and Tourism Department of Vlora Qark The Mayor presented his ideas on sustainable development, and the procedures for public consultations on the EIA (as per Public Participation Regulations Nr.1) were discussed. It was apparent that many of the participants were unaware of the details of the legislation but the concept seemed to be familiar and acceptable one. One participant said that the majority of these procedures did not need to be so detailed. However, ultimately the stakeholders all agreed to the ESSF proposed procedures for stakeholder & public consultations (S& PCs). The heads of the villages and Mayor of Himara declared clearly that they can organize and participate in the stakeholder & public consultations for providing consensual and suitable sites, free from land ownership conflicts, for landfill and WWTPs, either for individual villages, the LGU as a whole, or for the whole region. They also committed themselves to participate in any EIA and cultural S&PC procedures required. However, they stressed the need for strong support and advice on how to better manage and facilitate these processes and declared themselves open to and learn and be advised on ways to improve their quality. The urban study of Himara beach was displayed on notice boards in the Mayor’s Office. This was helpful in pointing out possible locations for further S&PC. The Mayor presented information on some of the private partners in water and wastewater projects that they have been consulting for them such as HUK-local firm. The Urban Office Director explained the S&PC process they used to select the landfill site location near Vuno. Some of the technical issues related to this landfill site were discussed. Mrs Luiza Zani, Head of REA, Vlora Region, and Vladimir Haxhi, Head of Urban and Tourism Department of Vlora Qark declared their official responsibility to assist the stakeholder and public consultations in the frame of ESSF to facilitate the project.
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SARANDA STAKEHOLDER MEETING 8 APRIL 2005 Meeting started on 10.00 in the premises of Saranda Municipality, Mayor’s Office Present: Edmond Gjoka, Mayor Theodhori Shija, Head of Vlore Qark Areti Papadhima, Head of REA, Saranda office Panajot Gunari, Director Urban Office, Saranda Luiza Zani, Head of REA, Vlora Region Vladimir Haxhi, Head of Urban and Tourism Department, Vlora Qark Kosta Kalugji, Alderman, Metohi village Entela Skendaj, Officer, Infrastructure and Service Department Aristotel Koci, Director, Infrastructure and Service Department Dhimiter Karpuzi, Alderman, Zara village Chief of Saranda Commune Council 4 other municipal experts - urban, tourism, etc Genc Myftiu, ESSF local consultant, MoTAT Proceedings Welcome from Mayor of Saranda Mr. Edmond Gjoka. He presented a description of the challenges facing Saranda Municipality and new projects planned, especially those of the downtown rehabilitation. These were inspected on site after the meeting. Project Objectives were presented by Theodhori Shija, Head of Vlore Qark It was difficult to direct the discussions toward the ESSF process as the Mayor had misunderstood the objective of the consultations and wanted to discuss the need for better tourism promotion. There were complaints about the poor GoA tourism policy in Saranda. The local ESSF consultant therefore described the reasons why stakeholder and public consultations are important to build consensus on possible investments. The Mayor and other participating village heads then declared their improved understanding of the importance of stakeholder & public consultations and agreed to the proposed ESSF procedures for them. They made positive commitment to organize and participate in EIA and cultural consultation procedures, especially for seeking consensus on suitable sites, free from land ownership conflicts, for landfills and wastewater treatment plants (WWTPs) either for individual villages, for the LGU as a whole, or for the local region. The difficulties of land ownership in Vergo village were presented, the selected location for a landfill. The need for strong support and advice on how to better manage the consultation process to convince the stakeholders in the village to agree to the establishment of a landfill nearby was expressed. Several options were discussed. The same difficulty relates to the location of the proposed WWTPs. There are some options near Cuka but land conflict is present. There was discussion of ways to resolve this, notably land-for-land compensation and one-time compensation payment. No conclusion was agreed. LGU officials and key experts declared themselves to be committed to cooperate in practical terms to facilitate and resolve the current challenges. The Head of the Qark, Mr.Thedhori Shija, Ms Luiza Zani, Head of REA, Vlora Region, and Vladimir Haxhi, Head of Urban and Tourism Department, Vlora Qark, declared their official responsibility to assist the stakeholder and public consultations to facilitate the resolving of the difficult issue on selection of landfill and WWTP location for Saranda.
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Appendix 1: List of Proposed Stakeholders to be invited and Consultation Plan
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Local Gov. Unit Officials proposed to consult Date & location of consultations Vlora Municipality Qark &Regional urban office 7 April 2005 Orikum Municipal urban officer Vuno village Regional Environmental Agency Start time 9.00 (landfill location) Local Environment Inspection officers hrs Hygiene Centre (MoH) Chief land Registration Office (Ipoteka) Orikum Local Waste management officials Waste collection companies Water Basin Authorities (linked to national Water Council) Department of Cultural Monuments/Heritage Coastal Guard office Orikum Water & Waste water enterprise Port authorities Officials from Orikum and Vuno Local NGOs/NPOs active in the region Business community organizations such as chamber of commerce, Association of tourist hotels/resorts Media (requested by Head of Qarku) Himara Mayor 7 April Municipality Municipal Urban Officer Local Waste management officials Start time 14.00 Waste collection companies hrs Municipal Health expert Water &Waste water enterprise/experts Himara Local NGOs/NPOs active in the region Association of tourist hotels/resorts Media Saranda Municipal Urban Officer of Saranda Municipality, and 8 April Lukove Commune of Lukova and Bergo Communes Bergo Regional Environmental Agency Start time 9.00 commune/village Local Environment Inspection officers hrs Hygiene Centre (MoH) Chief land Registration Office (Ipoteka) Saranda Officials from Lukove Commune Local Waste management officials Waste collection companies Water &Waste water enterprise Coastal Guard office Port authorities Department of Cultural heritage Archeological Institute representative in Saranda & Butrinti project officers Local NGOs/NPOs active in the region Business community organizations such as chamber of commerce, Association of tourist hotels/resorts
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Media
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Letter of Invitation
REPUBLIC OF ALBANIA MINISTRY OF TERRITORIAL ADJUSTMENT AND TOURISM
Nr. Prot. Tirana, on 31.03.2005 MR.THEODHORI SHIJA CHAIRMAN QARKU VLORE
INVITATION
RE: Consultation with stakeholders of Vlora Qark in the frame of ICZMCPr
As you are aware, MoTAT is involved in the preparation of a Program for Integrated Management of the Coastal Zone. The general objective of the program is to protect the natural and cultural resources of Albanian coast and to promote sustainable development and management. The Objective of the Program will be achieved through: (i) establishment of institutional and political framework of integrated management of coastal zone (ICZM) and strengthening of regulatory capacity at central, regional and local level on protection of natural, coastal and marine resources, (ii) increase the access to basic services accompanied by improve quality of life and attraction of coastal zones; and (iii) implementation of sub projects targeted at sustainable development of tourism sector.
That is why the MoTAT has organized together with levels of local government, the stakeholder consultations for ICZMCPr.
The programme of consultations with local government will be like the following:
Date: 7 April 09.00 hrs in Orikum Date: 7 April 14.00 hrs in Himare Date: 8 April 09.00 hrs in Sarande
Since the consultations are fruitful to local government structures, I would suggest the locations of the consultations to be within respective municipal buildings
You are pleased to participate in the consultations as well as to ensure the participation of interested Vlora Qark Communes and Municipalities.
Thank you for cooperation.
Vice Minister
Signed Artan LAME
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Appendix 2: Specific comments made on the types of infrastructure proposed
In addition to the above discussions on the ESSF the participants expressed their concerns on the following issues:
Orikum meeting
Waste collection and landfill location
There are two options (i) each village to decide for a village landfill location and (ii) one landfill location for Orikum Municipality and all surrounding villages. They ask and need to be consulted what option to decide. Heads of the villages feel more confident that each village should have its own landfill.
The Mayor of Orikum declared that the LGU can provide a location for the landfill because it has stock of public land, so no land ownership issues should arise. The Heads of villages also declared that they can find land for their own separate village landfill.
All stakeholders called for an increase in the waste collection tax to be applied this year, especially for hotels and restaurants, based on ”polluter-pays” principles (so far this tax covers only 25 % of the cost).
The concern of Luiza Zani, Head of REA, Vlora Region, and Vladimir Haxhi, Head of Urban and Tourism Department (UTD) of Vlora Qark is the landfill location to be as far as possible from the beach , outside the “touristic line” for development, as designated by the UTD.
Urban officer Blendi Bani and other local experts were for the existence of only one landfill and they asked also for a modern landfill methods including waste classification - recycling of glass, plastics, etc.
Waste water network (WWN) and Waste Water Treatment Plants (WWTP)
The big concern of all stakeholders is for WW networks and control of WW discharge in the sea. Septic tank and filters are required at the beaches.
The type and technology of WWTP selected is an important issue for all stakeholders, especially to Urban officer Blendi Bani and other local experts. They do not want lagoon-type WWTPs (because of the great surface area to be occupied and because they believe that this type smells, does not recycle waste water and brings other problems). They prefer installation of a higher technology WWTP.
Orikum WWTP designed location is near hydro-station and is located in public property land , so no land conflict issues are present.
Other issue is the installations of compact treatment plants for separate villages like Radhime as well as for separate hotels or separate group of hotels in order to achieve “zero pollution” of the beach. These ideas were agreed to be included in the construction permit of new hotels /resorts as well as in the exploitation license of hotels and resorts and all other potential polluters.
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Local stakeholders stated that there is still confusion on the ICZMCP and other parallel projects and programs, e.g. PAPRAQ and GoA programs of investments. It could be advisable to draft simple lists of projects funded by GoA, WB and other donors and explain clearly the role and targets of each of them (within the framework of the National Integrated Planning System).
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Himara meeting
Waste collection and landfill location
There is consensus on the selection of the landfill location (free from land conflicts) in the vicinity of Vuno village. However, both, Luiza Zani, Head of ReA, Vlora Region, and Vladimir Haxhi, Head of Urban and Tourism Department, Vlora Qark, claim that this location is inside Tourism Line.
It was also stated that another landfill in the village of Piluri was identified some time ago, but it was cancelled because of the risk of polluting the groundwater.
Other issues discussed were those linked to know-how of solid waste collection and treatment. An earlier pilot project in Vuno in 2002 has shown that a lot needs to be done on capacity building at local level.
Waste water network (WWN) and Waste Water Treatment Plants (WWTP)
The Mayor said that they have a ready made project from HUK firm for WWTP the location being at the site of the old one and no land conflict involved.
The stakeholders do not want lagoon-type WWTPs (because of the great surface area to be occupied and because they believe that this type smells, does not recycle waste water and brings other problems). They prefer installation of a higher technology WWTP. Other issue is the installations of compact treatment plants for separate villages like Dhermi, Qeparo etc., as well as for separate hotels or separate group of hotels, to achieve “zero pollution” of the beach. These ideas were agreed to be included also in the construction permit of new hotels /resorts as well as in the exploitation license of hotels and resorts and all other potential polluters.
Local stakeholders stated that there is still confusion on the ICZMCP and other parallel projects and programs, e.g. PAPRAQ and GoA programs of investments. It could be advisable to draft simple lists of projects funded by GoA, WB and other donors and explain clearly the role and targets of each of them (within the framework of the National Integrated Planning System).
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Saranda meeting
The Mayor’s main concern is tourism promotion and development. There is strong desire to say “good words” for Saranda’s tourist potential. A list of priority projects was delivered to the local consultant.
Waste collection and landfill location is the biggest challenge and one of the issues that could reduce tourism: poor communal waste and solid waste management – remnants of construction works that are dumped along side Gjashta village, at the entrance of Saranda town. Consultancy support is needed (i) to resolve Vergo village landownership issue and (ii) to establish a reduced negative impact landfill operation.
Waste water network (WWN) and Waste Water Treatment Plants (WWTP)
Officials of municipality said they do not want lagoon-type WWTPs (because of the great surface area to be occupied and because they believe that this type smells, does not recycle waste water and brings other problems). They prefer installation of a higher technology WWTP. They called for consultancy services for (i) the type of WWTP and (ii) consensus achievement for location of WWTP to be installed.
They also claimed that the Wastewater Pumping station (PHARE project) does not work.
It was noted that Saranda was in a poor position compared to Himara and Orikum, which appear have sorted out the social/landownership issues, and should therefore be able to advance their waste and waste water interventions more quickly.
Local stakeholders stated that there is still confusion on the ICZMCP and other parallel projects and programs, e.g. PAPRAQ and GoA programs of investments. It could be advisable to draft simple lists of projects funded by GoA, WB and other donors and explain clearly the role and targets of each of them (within the framework of the National Integrated Planning System)
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Annex 6: Land Acquisition - Legal Provisions Law 8561, dated 22.12.1999, On Expropriations and Temporary Takings of Private Property for a Public Interest and four Council of Ministers Decisions define the procedures for expropriation of immovable property. The expropriation of private properties is done only for a public interest and with fair compensation. Expropriation is completed by a Decision of the Council of Ministers based on the proposal of the minister who is competent under the law. In general, expropriations may be done for projects and investments at the international and national level, for the protection of archaeological, historical or cultural monuments and for the protection of public health and security.
Law 8561 requires that direct notification procedures for the intent to expropriate begin within 10 days after the relevant Ministry accepts the expropriation request. In addition, a one week publication period in a national newspaper is required. The valuation of property is determined by calculating the average of purchases and sales registered in the Immovable Property Registration System.
Notification of the final Decision of the Council of Ministers on expropriation is made directly to the owners of the expropriated property, who have the right to appeal in court within 30 days from receiving notice but only as to the amount of compensation specified in the decision. An appeal against a decision of the Council of Ministers for the expropriation does not suspend the implementation of the decision and the respective procedure for the re- registration of the expropriated property.
In addition to the ministries involved in the expropriation, there are other institutions that contain relevant information and must be consulted in the process as well. One of the main institutions is the Immovable Property Registration System (IPRS). The IPRS administers all spatial and legal ownership data related to immovable property. In addition to ownership information, other real rights are registered in the IPRS was well. For example mortgages, liens, leases and easements are registered for each property.
There are two different situations that have to be considered. The first situation is when the property that is to be expropriated is located in a cadastral zone that has completed the process of First Registration and the data have been transferred to the IPRS. The IPRS holds the records of legal ownership and the process of expropriation can proceed in a relatively straight forward manner. The second scenario is when a Cadastral Zone has not completed First Registration. In these cases the expropriating entity will have to rely on documents issued by the local land commissions in rural areas and several other types of documents for urban areas. In many cases, during the process of First Registration, the field teams discover that there are ownership or other disputes and/or discrepancies. It is common to have boundaries extended, especially into public land or rights of way such as state agricultural land, roads and drainage ditches. Verification of ownership is more difficult and unsure in areas where First Registration is not complete.
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Annex 7 Photographs of proposed property & surrounding area, Shkozet, Durres
Street from main road, Shkozet. (note residential properties on each side of street)
View of proposed property
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(upper floor to be refurbished, note damp on wall above adjacent flat roof)
view of interior of upper floor (note good condition of interior, compared to existing properties at Porto Romano)
view of ground floor (similar to upper floor) (note damp patch upper right corner, attributable to poor hydro-isolation on adjacent flat roof, but not seen in corresponding corner of upper floor)
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local houses immediately adjacent to entrance to factory unit
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