October 28, 2019 Tanzania Electric Supply Company Limited Project Title: Malagarasi 45Mw Hydro Power Project
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RESETTLEMENT ACTION PLAN (RAP) SUMMARY FOR THE PROPOSED CONSTRUCTION OF 44.8MW MALAGARASI HPP AND ASSOCIATED 132KV TRANSMISSION LINE FROM MALAGARASI HYDROPOWER PLANT TO KIGOMA 400/132/33KV SUBSTATION AT KIDAHWE KIGOMA OCTOBER 28, 2019 TANZANIA ELECTRIC SUPPLY COMPANY LIMITED PROJECT TITLE: MALAGARASI 45MW HYDRO POWER PROJECT PROJECT NUMBER: P-TZ-FAB-004 COUNTRY: TANZANIA CATEGORY: 1 Sector: PICU Project Category: 1 TABLE OF CONTENTS 1. INTRODUCTION ........................................................................................................................................ 4 2. PROJECT DESCRIPTION ......................................................................................................................... 5 3. BASIS AND OBJECTIVES OF THE RESETTLEMENT ACTION PLAN................................................... 5 4. POLICY, LEGAL AND REGULATORY FRAMEWORK ............................................................................. 5 5. SOCIO-ECONOMIC PROFILE OF AFFECTED PERSONS ..................................................................... 6 6. STAKEHOLDER ENGAGEMENT AND COMMUNITY PARTICIPATION ................................................ 6 7. POTENTIAL IMPACTS............................................................................................................................... 8 8. INSTITUTIONAL FRAMEWORK FOR RAP IMPLEMENTATION........................................................... 10 9. COMPENSATION, ELIGIBILITY AND ENTITLEMENT........................................................................... 11 10. INCOME, LIVELIHOOD RESTORATION AND COMMUNITY DEVELOPMENT ............................... 12 11. GRIEVANCE REDRESS MECHANISMS ............................................................................................ 12 12. MONITORING AND EVALUATION ...................................................................................................... 13 13. RAP BUDGET AND IMPLEMENTATION SCHEDULE ....................................................................... 13 14. REFERENCES AND CONTACTS........................................................................................................ 17 1. INTRODUCTION The Kigoma region is among the 26 regions of Tanzania Mainland. The region is situated in western Tanzania and it borders the Democratic Republic of Congo (DRC) with Lake Tanganyika to its west, Tabora and Geita regions to its east, Kagera region and Burundi to its north and Katavi region to its south. Its economy is primarily agricultural based with large population engaged in subsistence agriculture farming apart from other activities like fishing, beekeeping, and livestock keeping. Kigoma Region has a lot of potential for development but the underdevelopment of economic infrastructure such as roads, unreliable rail and air transport and inadequate supply of electricity has been the most significant barrier to industrialization and socio-economic development of the region. The Government of Tanzania has been taking various measures to open up economic opportunities of the region. Among the measures include upgrading of road network to bitumen standard (Kigoma – Tabora and Kigoma – Nyakanazi), improvement of railway line and turning Kigoma as a dry port for neighbor countries hence making Kigoma a terminal of the central railway and a transit port to the DRC, Rwanda, Burundi and Zambia for both passenger and cargo services, declaring Kigoma as a FREE TRADE AREA to cater for the regional trade. In order to support those economic activities, availability of reliable electricity supply to the region and its districts of Uvinza, Buhigwe, Kasulu, Kibondo and Kakonko is of paramount importance. With all other efforts, the Government of Tanzania in corroboration with the African Development Bank (AfDB) through the Tanzania Electric Supply Company Limited (TANESCO) is intending to construct 44.8MW Malagarasi HPP and associated 132kV transmission line from Malagarasi Hydropower Plant to Kigoma 400/132/33kV substation at Kidahwe. This substation will also receive the grid power line from Nyakanazi. The 132kV transmission line will be about 53km long. The main objectives of the Malagarasi HPP is to supply sufficient and reliable electricity in Kigoma region, get rid of expensive diesel power generation in the region and the remaining power to be injected in the national grid. The key resettlement issue that was noted during RAP study was need for transparent valuation exercise and compensation process. PAPs were of opinion that valuation exercise and compensation process should be done with accordance to national requirements and standards. They added that compensation of properties should be made immediately after Chief Government Valuer has approved the schedule. This concern was noted and TANESCO will take into consideration as timely payment of compensation will reduce number complains and grievances. In Tanzania, the Ministry of Lands, Housing and Human Settlement Development is responsible for policy and regulation, and it coordinates matters pertaining to land in Tanzania Mainland (this is different for Zanzibar). Under the Village Act, No. 5 of 1999, land administration matters are handled by Village Councils, whereas in urban areas, under the Land Act No. 4 of 1999, land administration matters are handled by the Commissioner for Lands. These are the main Acts governing compensation and resettlement matters, which are relevant to this project, regardless of which site is selected. Both Acts are built on the following principles: • Upholding the exclusivity of rights – one right’s holder, one land parcel; • Secured tenure throughout the tenure period; • Development condition applicable to leasehold systems; and • Transferability of rights including compensation for loss. Apart from the above stated Acts, there is land acquisition Act of 1967, Graves removal Act of 1969 and land regulations of 2001. Any compensation process required as a result of the loss of agricultural land, resettlement and the like must be governed by the Acts listed above and any other relevant Tanzanian legislation. After valuation work is completed and Chief Government Valuer has approved compensation schedule TANESCO shall effect payment of compensation to all PAPs accordingly. The timeline of RAP implementation is provided in the RAP implementation schedule attached in this RAP summary. 2. PROJECT DESCRIPTION The proposed project involves a Construction of hydropower plant (44.8MW) utilizing Igamba falls stage III with associated facilities, a switch yard at Malagarasi. And construction of about 53km of 132kV overhead transmission line from Malagarasi Hydropower Plant to Kigoma 400/132/33kV substation at Kidahwe, The proposed project will be located in Uvinza and Kigoma district councils. The hydropower plant is located in Igamba while the transmission line traverses Mazungwe and Kazuramimba in Kazuramimba ward, Kalenge and Mlela in Kandaga ward all in Uvinza District and Kidahwe in Kidahwe ward in Kigoma District. The proposed Malagarasi Hydropower Plant Stage III was recommended after Malagarasi Stage II was dropped due to environmental concerns. The power plant has been designed to yield a maximum of 44.8MW using maximum water flow of 171m3/s and deliver 186.8 GWh with a plant factor of 0.48. The plant will have 3 generators rated 15.75MW each utilizing a head of 30.5m and unit water flow of 57m3/s. The transmission line will utilize a 20m wide corridor from Malagarasi switch yard to Mazungwe and 26m wide corridor from Mazungwe to Kidahwe respectively. Two types of towers are being considered mono tubular towers or self-supported lattice steel towers. Both will have concrete foundations. The project components leading to RAP also involves the construction of graveled access road of about 27 km from the main Kigoma – Uvinza road south to the Malagarasi River Stage III site. 3. BASIS AND OBJECTIVES OF THE RESETTLEMENT ACTION PLAN The project triggers the Land Acquisition Act of 1967 of the United Republic of Tanzania and the African Development Bank (AfDB) OS 2: Involuntary Resettlement: Land Acquisition, Population Displacement and Compensation. Hence, this Resettlement Action Plan (RAP) has been prepared to meet the policy and operational requirements of the Government of the United Republic of Tanzania and the African Development Bank (AfDB). Other instrument triggered include, the Village Land Act of 1999 and the Land Regulation of 2001. The objective of this RAP is to ensure that all households and persons that will be affected by the proposed construction of hydropower plant (44.8MW) with associated facilities and construction of 132kV overhead transmission line are promptly and fairly compensated for any loss of crops, land and assets (houses and other building structures). Efforts have been made during the detailed planning phase and survey of the proposed transmission line route to minimize impacts by avoiding settlements. The following are the main objectives of Resettlement Action Plan: • Define rules for eligibility for compensation • To present a social-economic basis of project affected persons (PAPs) for which identification of entitlements and livelihood restoration strategies for minimizing the impacts on the PAPs so as to improve their livelihoods and standards of living or at least to restore them in a pre – displacement levels • Establish land acquisition and compensation processes and establish a dispute resolution mechanism to address any grievances arising