Resettlement Due Diligence Report

May 2018

PRC: Hunan Xiangjiang River Watershed Existing Solid Waste Comprehensive Treatment Project --- Guiyang Subproject

Prepared by The People’s Government of Guiyang County fro the Asian Development Bank.

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Table of Contents

1. PROJECT BACKGROUND ...... 1

2. PREPARATION OF DUE DILIGENCE REPORT ...... 1

3. IMPACT SCOPE ...... 2

4. RANGE OF LAND USE ...... 2

5. SOCIO-ECONOMIC INFORMATION ...... 3

6. INFORMATION DISCLOSURE AND PARTICIPATION ...... 3

7. IMPACT OF LAND ACQUISITION AND GOVERNMENT APPROVAL ...... 4

8. COMPENSATION FOR LAND ACQUISITION AND RESETTLEMENT ...... 4

9. GRIEVANCE REGRESS MECHANISM ...... 4

10. CONCLUSIONS AND SUGGESTIONS ...... 4

ANNEX 1 APPROVAL OF LAND ACQUISITION (ALLOCATION) OF GUIYANG COUNTY JINGSHAN SOLID WASTE LANDFILL ...... 7

ANNEX 2 LOCATION AND RED LINE OF LAND ACQUISITION OF GUIYANG COUNTY JINGSHAN SOLID WASTE LANDFILL ...... 10

ANNEX 3 LAND ACQUISITION AGREEMENT OF GUIYANG COUNTY JINGSHAN SOLID WASTE LANDFILL ...... 15

1. Project Background

1. Hunan Xiangjiang River Watershed Existing Solid Waste Comprehensive Treatment Project (Project) is to improve environment of the Hunan Xiangjiang river watershed by closing existing municipal solid waste landfills (MSW), upgrading existing sanitary landfills, establishing urban-rural integrated MSW management systems, and strengthening MSW management capacity of the project counties. 2. The Project consists of six outputs: (i) On-site closures of existing solid waste landfills in nine counties (or districts/county-level cities); (ii) Mining of two existing municipal solid waste (MSW) landfills in two counties; (iii) Urban-rural integrated MSW management systems established in eight counties; (iv) Existing sanitary landfills upgrading in four counties; (v) Kitchen waste treatment in 2 districts; and (vi) Capacity development and institutional strengthening of all 11 project counties 1 . The project outputs (i), (ii), (iii), (iv) and (v) will involve land acquisition or occupation, but no residential house demolition, while Output (vi) will not involve any land acquisition and resettlement. 3. Guiyang County Existing Solid Waste Comprehensive Treatment (the Subproject) is one of 10 subprojects of Hunan Xiangjiang River Watershed Existing Solid Waste Comprehensive Treatment Project (Project). The Subproject involved the closure of existing solid waste landfill only. This due diligence report (DDR) is about the land used for the Subproject. 4. Guiyang County Solid Waste Landfill covers a total a of 157.83 mu state-owned land, which was acquired in 1983. 5. Land acquisition (LA) of the Subproject followed relevant laws and regulations of the People’s Republic of China (PRC). The LA process was transparent and open, and the compensation and resettlement of affected villagers’ group was completed totally. After LA, there were no outstanding issues left.

2. Preparation of Due Diligence Report

6. The DDR was jointly prepared by Guiyang Project Management Office (PM) and a resettlement plan preparation institute (RP-PI). An investigation team from the RP-PI visited relevant government departments of Guiyang in November 2017 ~ January 2018 to collect relevant data about the LAR, compensation and resettlement agreements, and also interviewed some village groups and people affected by the LAR. 7. According to the field survey, it is understood that the land was owned by Jinshan Group of Chengbei Village, Chengjiao Town of Guiyang County. Before the LA, the land was mountainous and waste land and 26.5mu cultivated land. It was not allocated to villagers. 8. The land was acquired in 1983. The Guiyang County Solid Waste Landfill was put into use in March 1984 and end services in December 2011. The landfill was covered by soil simply from 2011. No any agricultural activities and structures are on

1 The 11 project counties include five counties of Hengyang, Hengshan, Lanshan, Dong’an and Guiyang, two urban districts of Lengshuitan and Lingling, and four county-level cities of Changning, Lengshuijiang, Zixing and Leiyang in Hunan Province of the PRC.

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the land. Now Guiyang County Environment and Sanitation Institute has right to use the land.

3. Impact Scope

9. The Subproject will involve a total of 157.83 mu state-owned land used for the existing Guiyang County Solid Waste Landfill. Prior to the LA, to the land was collective land and owned by Jinshan Group of Chengbei Village, Chengjiao Town of Guiyang County. 10. Before the LA, the land was 131.33mu of mountainous and waste land and 26.5mu of cultivated land. It was not allocated to villagers. A Chinese hard processing house owned by village collective was demolished and compensated. Therefore, no villagers were affected by the LAR directly.

4. Range of Land Use

11. Before the LA, the land used for Guiyang County Jingshan Solid Waste Landfill owned by Chengbei Group of Chengjiao Town. The total land area was 157.83 mu , including paddy field of 8 mu , dry land of 14 mu , pond of 4.5 mu , house plot of 0.21 mu and waste mountain of 131.12 mu . All land was owned by village collective, not allocated to villagers. The location of the land is shown in Figure 1, and current situation of the landfill is presented in Figure 2. There was a Chinese herb processing house on the land. It was demolished during the LA. The compensation for the cultivated land, the house, trees and Chinese herb (Chinese medicine) was paid to affected group directly.

Existing Solid Waste Landfill in Jingshan

Figure 1 Location of Jingshan Solid Waste Landfill

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Figure 2 Current Status of Jingshan Solid Waste Landfill (above pictures show area of the solid waste landfill, and pictures below show area of tailings stacking) 12. The landfill is about 1.8km and 3km away respectively from the county and the Xiangjiang tributary, respectively. The landfill is divided into two parts: one is domestic waste landfill area and another is area used for stacking tailings from a mine, as shown in Figure 2. The tailings stacking area is not in land scope of the Subproject. However, it belongs to the same land of the domestic waste landfill in the LA. The land used for stacking tailings is leased by Guiyang County Lead and Zinc Mineral Co., Ltd. 13. According to the due diligence, the Jingshan Existing Solid Waste Landfill is put into use in March 1984 and out of service since December 2011. The land acquisition concerns cultivated land, pharmacy office building and medicinal materials.

5. Socio-Economic Information

14. The land acquisition was conducted in 1983. The land for Jingshan solid waste landfill was not contracted by individuals and owned by the village collective. Refer to Table 1 for the basic socio-economic conditions of the project-affected villagers’ group.

6. Information Disclosure and Participation

15. The county-level department of land and resources is responsible for land acquisition. Before the government approval for the LA and mobilization of actual LA, the land bureau conducted public participation and consultation with affected village groups and villager representatives on the landfill construction, land area to be acquired and compensation standards.

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7. Impact of Land Acquisition and Government Approval

16. Guiyang County Jinshan Solid Waste Landfill covers a total of 157.83 mu land, which was acquired and converted into state-owned land in August 1983. The land was owned by Jinshan Group of Chengbei Village, Chengjiao Town. Guiyang County Environment and Sanitation Institute and the village collective of the group made the LA agreement in 1983. The institute applied for completion of the LA procedures in 1990. Hunan Provincial Government and Guiyang County Government approved the application and issued formal land use notice, as presented in Annex 1 of the DDR.

8. Compensation for Land Acquisition and Resettlement

17. According to the field survey, the compensation for the LAR, including cultivated land compensation, a Chinese herb processing house, trees and Chinese herb, was paid to Jinshan Group of Chengbei Village in Chengjiao Town directly based on compensation standards at that time, as shown in Annex 3 of the DDR. 18. The compensation for LAR was issued to the collective economic organization because the land and the house were owned by the villagers’ group, not contracted to individuals.

9. Grievance Regress Mechanism

Owing to local governments’ information disclosure and project-affected villages’ public participation, the land acquisition and resettlement had been conducted smoothly. To effectively find and address issues, a grievance redress mechanism had been established for the Project. In case the affected villages are unsatisfied with the LAR, they may submit an oral or a written protest to the subdistrict or the government; if they are unsatisfied with the handling decision given by the subdistrict and the government, they may lodge a complaint to Guiyang Land and Resources Administration Bureau or Land Acquisition Center of Guiyang Land and Resources Administration Bureau for an administrative arbitration. In addition, the affected villages can also directly initiate an administrative litigation to the People's Court against any aspect of resettlement. 19. During this due diligence, the team interviewed cadres from the project-affected villages, and knew that villagers in the project-affected villages had very clear about the compensation policies, and grievance redress mechanism. There were no outstanding issues occurred in the LAR and compensation.

10. Conclusions and Suggestions

(1) Before and during the LAR, local relevant departments in different levels arranged for information disclosure and public participation several times in different forms; affected villages’ opinions had been fully respected and put into practice during the LA implementation. The compensation was paid in accordance with the signed agreement, without causing any impact on the livelihood of project-affected villagers. In general, all compensation had been paid based on full public participation, and there is no leftover problem. (2) During the land acquisition, the grievance redress mechanism had been established. Up to now, there are no collective petitions, and the affected village supported the Project and are basically satisfied with the LAR.

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(3) The land acquisition works for the land involved in the Project had been completed. According to the field survey, the affected village is basically satisfied with the compensation for the LAR, and there are no leftover problems about the LAR.

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Annexes:

Contents of Annexes to Due Diligence Report

1 APPROVAL OF LAND ACQUISITION (ALLOCATION) OF GUIYANG COUNTY JINGSHAN SOLID WASTE LANDFILL ...... 7

2 LOCATION AND RED LINE OF LAND ACQUISITION OF GUIYANG COUNTY JINGSHAN SOLID WASTE LANDFILL ...... 10

3 LAND ACQUISITION AGREEMENT OF GUIYANG COUNTY JINGSHAN SOLID WASTE LANDFILL ...... 15

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Annex 1 Approval of Land Acquisition (Allocation) of Guiyang County Jingshan Solid Waste Landfill

(Translation of Main Points) Application for Completion of Land Acquisition Procedures County Land Administration: Our institute signed land acquisition agreement of 157.83mu with Jinshan Group of Chengbei Village on 10 June 1983 after approved by county government, Chengguan town government and Chengjiao town. At that time, there was no land administration department in County, so no formal documents for the land acquisition were issued. Now we are applying a formal LA procedure to completion of the LA. Applicant: Guiyang County Environment and Sanitation Institute Date: October 18, 1990

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(Translation of Main Points) Notice on Urban-rural Construction Land of Guiyang County Government Jinshan Group of Chengbei Village of Chengjiao Town: Due to construction, following land was approved for construction use by provincial government on 7 November 1990 (1990) Zhengtuzi No.:279. Land User: Guiyang County Environment and Sanitation Institute Land Owner: Jinshan Group of Chengbei Village of Chengjiao Town Usage: Urban Solid Waste Landfill Total Land Area: 157.83mu Note: Completion of land acquisition procedures in 1983 Issued by: Guiyang County Government Date: 19 November 1990

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(Translation of Main Points) Approval Sheet on State Construction Land Acquisition (Allocation) of Hunan Provincial Government (1990) Zhengtuzi No.:279 Land User: Guiyang County Environment and Sanitation Institute Land Owner: Jinshan Group of Chengbei Village of Chengjiao Town of Guiyang County Usage: Urban solid waste landfill (completion of LA procedures in 1983) Total Land Area: 157.83mu, including cultivated land of 26.5mu Issued by: Hunan Provincial Government Date: 7 November 1990

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Annex 2 Location and Red Line of Land Acquisition of Guiyang County Jingshan Solid Waste Landfill

Land User: Guiyang County Environment and Sanitation Management Institute Location: Jinshan Group of Chengbei Village in Chengjiao Town Issued by: Guiyang Land Administration Bureau Date: October 17, 1990

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Annex 3 Land Acquisition Agreement of Guiyang County Jingshan Solid Waste Landfill

Party A: Jinshan Group of Chengbei Village in Chengjiao Town Party B: Guiyang County Environment and Sanitation Management Institute Land Use: Urban solid waste landfill Compensation: 1. Paddy land: based on crop output of annual 400kg/mu, total is CNY5,913.6 for 8mu; 2. Dry land: based on crop output annual 200kg/mu, total is CNY5,174.4 for 14mu; 3. Pond: total is CNY1,500 for 4.5mu; 4. Tree: total is CNY1,500; 5. Chinese Herb Processing House owned by the village: CNY3,000; 6: Chinese herb (Chinese medicine): CNY3,000. Total: CNY20,088 Land Area: Total: 157.83mu, including cultivated land of 26.5 mu, and wasteland and house plot of 131.31mu Issued by: The People's Government of Guiyang County Date: June 10, 1983

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