D1-1 Motorway Project, Slovakia Resettlement Framework T
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D1 -1 Motorway Project, Slovakia Resettlement Framework Black D1-1 Motorway Project, Slovakia Resettlement Framework t Contents Page 1 Scope of the Document 1 2 Project Description 1 2.1 Overview 1 2.2 Section 1 – Dubná Skala to Turany 1 2.3 Section 2 – Turany to Hubová 2 2.4 Section 3 – Hubová to Ivachnová 2 2.5 Section 4 – Jánovce to Jablanov 2 2.6 Section 5 – Fricovce to Svinia 2 2.7 General Characteristics Of The Highway 2 2.8 Main Project Benefits 3 3 Policy and Regulatory Background 3 3.1 Land Rights 3 3.2 Expropriation Law and Regulations 4 3.3 Concession Agreement and Related Responsibilities 5 3.4 Public Consultation and Participation 5 3.5 Lender’s Requirements 6 3.6 Gap Analysis 8 4 Affected Properties 11 4.1 Affected Assets 11 4.2 Current Status of Land Acquisition 13 5 Entitlements 13 6 Grievance Management 15 6.1 Overview 15 6.2 Amicable Grievance Management 16 7 Monitoring and Reporting 17 7.1 Monitoring 17 7.2 Reporting to Lenders 17 7.3 Data Updates On The Project In The Public Domain 17 8 Roles and Responsibilities 18 D1-1 Motorway Project, Slovakia – Resettlement Framework 1 1 Scope of the Document This document is the Resettlement Framework (RF) for the D1 Motorway Project in Slovakia (“the Project”). It has been prepared in conformance with Slovak laws and regulations and the requirements of the European Bank for Reconstruction and Development (EBRD) – Environmental Policy 2003 and the International Finance Corporation (IFC) Performance Standard 5. The requirements of this RF are binding to the Ministry of Transport, Post and Telecommunication of Slovakia (MDPT) and the Concessionaire selected to undertake the construction, operation and maintenance of the Project. 2 Project Description 2.1 Overview The Project will construct five new sections on the D1 road corridor, as follows: - three sections of motorway between Dubná Skala and Ivachnová (A) - one section of motorway between Jánovce and Jablonov (B) - one section of motorway between Fričovce and Svinia (C) These five sections have a combined length of 75 km and are located in northern and eastern Slovakia. Figure 1 – Project Location 2.2 Section 1 – Dubná Skala to Turany This D1 motorway section is located in the Ţilina region, in the district of Martin and passes through the cadastral areas of Vrútky, Lipovec, Turčianské Kľačany, Sučany and Turany. The total length of this section is approximately 16.3 km; it includes three elevated junctions located adjacent to Dubná Skala, Martin and Turany where the route connects into the adjacent highway network. Service areas are provided on the route between the Martin and Turany junctions for fuel, food and relaxation. A 2km link road from the Martin elevated junction provides a connection to the locally important I/18 road. D1-1 Motorway Project, Slovakia – Resettlement Framework 2 2.3 Section 2 – Turany to Hubová This section of the Project is also located in the Ţilina region, in the districts of Martin, Dolný Kubín and Ruţomberok and passes through the cadastral areas of Ratkovo, Šútovo, Kraľovany, Rojkov, Stankovany, Ľubochňa, Švošov and Hubová. The section is approximately 13.5 km long and includes two tunnels, Rojkov and Havran, whose respective lengths are 1.8 km and 2.8 km. A new maintenance depot facility (SSÚD Stankovany) is to be provided east of the Kraľovany junction. 2.4 Section 3 – Hubová to Ivachnová This section of the Project is again located in the Ţilina region, in the district of Ruţomberok and passes through the cadastral areas of Hrboltová, Likavka, Martinček, Lisková and Ivachnová. The total length of the section is approximately 15.3 km and includes the 2.0km long Čebrat. The Project connects to the adjacent highway network via elevated junctions at Hubová and Likavka. The Project also includes, at its eastern end, works to the existing D1 motorway and the addition of slip roads for a Service Area which will be built by others. 2.5 Section 4 – Jánovce to Jablanov This section of the Project is located in the Prešov and Košice regions, in the districts of Poprad, Keţmarok, Spišská Nová Ves and Levoča. It passes through the cadastral areas of Machalovce, Spišský Štvrtok, Dravce, Illašovce, Kurimany, Levoča, Spišský Hrhov, Klčov, Nemešany and Spišské Podhradie. The total section length is approximately 18.5km and includes the 0.7km long Šibeník tunnel. It connects to the adjacent local road network via elevated junctions at “Spišský Štvrtok” and “Levoča”. Rest areas are included on either side of the motorway southeast of Levoča. 2.6 Section 5 – Fricovce to Svinia This 11.2 km section of the Project is located in the district of Prešov and passes through the cadastral areas of Fričovce, Hendrichovce, Bertotovce, Chmiňany, Chminianska Nová Ves and Svinia. At its eastern end this section connects to the Fričovce bypass, which is already under operation. The route continues in a westerly direction before connecting to the existing D1 improved section at Svinia. 2.7 General Characteristics Of The Highway The Project is designed as a dual carriageway (2+2) and includes multi-level junctions to maintain and improve the connectivity with the local road network as well as four tunnels with the total length of 7.3 km. Affected existing roads and tracks are diverted either over or under the proposed new route. The D1 will cross existing railways, roads, rivers, streams and drains. Where it is practicable retaining walls will also be constructed to minimise the Project’s required land take and impact on the environment. The Project has aimed to minimise impacts on the environment and people through careful selection of the route in consultation with the public and completion of impact assessments compliant with Slovak regulations. The location of the Romany settlement at Chminany is an example of how the route selection and planning process was used to minimise impact on the community. The territorial and strategic planning that formed part of the settlement’s location took into account the proposed route corridor to ensure that the settlement would not be affected by the construction of the motorway. D1-1 Motorway Project, Slovakia – Resettlement Framework 3 2.8 Main Project Benefits The proposed routes will improve both the internal and external connectivity of Slovakia. The main expected direct and indirect benefits include: - Improvements in the conditions of transit and regional transportation. - Decreased levels of accidents. - Reduction of fuel consumption and traffic air emissions. - Reductions of vehicle wear as a result of excluding driving through the urban areas. - Improvements in living conditions and amenity in towns by diverting traffic resulting in reduced levels of emissions and noise. - Improved interconnection between the regions within the Slovak Republic, namely improvement in the interconnection between the extreme western and the most eastern regions of the Slovak Republic. - Improved accessibility to neighbouring regions and countries. The D1 is included in the International road corridor E50 connecting Brest – Paris – Nürnberg – Plzen – Brno – motorway D1 (Trenčín – Ţilina – Poprad – Košice) – Mukacevo (Ukraine). - Reducing regional disparities and enabling the economic development of the regions in question. - Improved freight transport links. - Accessibility to important regions for tourism, such as the High Tatras and Western Tatras. - Increase of employment rate during the construction period, as well as during the operation period, of the Project. - Strategically, the implementation of the Project will contribute to the competitiveness of Slovakia and its sustainable development. 3 Policy and Regulatory Background 3.1 Land Rights The protection of ownership rights is guaranteed by the Slovak Constitution. The Civil Code further stipulates and guarantees the same rights and obligations to all owners, whether private or public entities. Slovak law permits ownership of a land plot to be independent of and different from ownership of a structure erected on that land plot (i.e. the principle superficies solo cedit is not implemented under Slovak law). Under Slovak law, State property does not automatically mean a right of anyone to use such property without specific legal title. State property designated for public use (such as roads) are publicly accessible for common use, without anybody having a right of claiming legal entitlement to its use, and without any right to seek compensation if use of such public asset is restricted. Municipality property is governed by specific laws and regulations and is intended for fulfilment of the roles of Municipality only. Municipality property may be used for public or administrative purposes and business. The State and Municipalities are entitled to dispose of their property freely at their own discretion subject to specific limitations in accordance with the relevant legislation. Not all rights to the property must be registered (e.g. leases, contractual easement). If certain rights are not registered the applicant seeking compensation will have to prove the existence of such rights. D1-1 Motorway Project, Slovakia – Resettlement Framework 4 3.2 Expropriation Law and Regulations Within the area of the Project as set out in the permitting drawings, MDPT is responsible for the acquisition of land and in obtaining the legal rights to demolish structures. Key aspects of Slovak law that are of relevance to land acquisition and expropriation for the Project include the following: - The Constitution guarantees the protection of ownership rights. Article 20–4 of the Constitution states that “Expropriation or enforced restriction of the ownership right is admissible only to the extent that it is unavoidable and in the public interest, on the basis of law, and in return for adequate compensation”. - The Civil Code guarantees the same rights and obligations to all owners (either private or public entities, such as the State or Municipalities).