GOVERNMENT OF POLAND MINISTRY OF INTERIOR AND ADMINISTRATION FOR NATURAL DISASTER RECOVERY OFFICE RZGW Gliwice MINISTRY OF ENVIRONMENT RP316 Volume 4 Public Disclosure Authorized l | F ODRA RIVER BASIN FLOOD l . PROTECTION PROJECT component A RACIBORZ DRY POLDER Public Disclosure Authorized | Resettlement Action Plan . I Public Disclosure Authorized lI' Public Disclosure Authorized | ~~~~~~August 2005 Document control sheet Form IP180/B Client: PCU Project: Odra Flood Mitigation Job No: J24201A Title: Draft Resettlement Action Plan Prepared by Reviewed by Approved by NAME ORIGINAL NAME PNAME Devitt L J S Attewill see list of authors H Fiedler-Krukowicz J Loch _ATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE of JacobsGIBB This report, and information or advice which it contains, is provided by JacobsGIBB Ltd solely for intemal use and reliance by its Client in performance upon only in the Ltd's duties and liabilities under its contract with the Client. Any advice, opinions, or recommendations within this report should be read and relied this report and context of the report as a whole The advice and opinions in this report are based upon the information made available to JacobsGIBB Ltd at the date of Ltd on current UK standards, codes, technology and construction practices as at the date of this report. Following final delivery of this report to the Client, JacobsGIBB This report will have no further obligations or duty to advise the Client on any matters, induding development affecting the information or advice provided in this report has been prepared by JacobsGIBB Ltd in their professional capacity as Consulting Engineers. The contents of the report do not, in any way, purport to include any be manner of legal advice or opinion This report is prepared in accordance with the terms and conditions of JacobsGIBB Ud's contract with the Client Regard should Party for that had to those terms and conditions when considenng and/or placing any reliance on this report Should the Client wish to release this report to a Third partys reliance, JacobsGIBB Ltd may, at its discretion, agree to such release provided that (a) JacobsGIBB Ltd's wrinten agreement is obtained prior to such release, and (b) By release of the report to the Third Party, that Third Party does not acquire any rights, contractual or othermse, whatsoever against JacobsGIBB Ltd, and JacobsGIBB Ltd accordingly assume no duties, liabilities or obligations to that Third Party, and of the Client's (c) JacobsGIBB Ltd accepts no responsibility for any loss or damage incurred by the Client or for any conflict of JacobsGlBB Ltds interests arsing out release of this report to the Third Party. I Authors 3 The Report ,,Resettlement Action Plan" for Racib6rz flood protection reservoir project has been prepared by consortium of JacobsGIBB Ltd. and JacobsGIBB Polska. Following authors contributed to RAP: * JacobsGIBB Ltd team: - Laurence Attewill - Paul Devitt - Ros Vincent - Karina Zachodni * JacobsGIBB Polska team: -Jakub Loch - Joanna Tomaszkiewicz - Hanna Fiedler- Krukowicz I - Julia Cichoni - Krzysztof Czechowski 3property surveyors team: - Ryszard Szymkiewicz - Leszek Krawczyk - Monika Burghart * lawyers team: - Anna Szczurek - Pawet Kaminski * sociologists team: Katarzyna Puchalska - Pawet Kuczynski *computer systems and data bases team: - Bartosz Czyzkowski - Aleksandra Paterek - Michal Juda I I I U U Contents 1 General Information about Raciborz Project 1-1 1.1 Project Description 1-1 1.1.1 Background 1-1 1.1.2 The existing flood protection scheme 1-1 1.1.3 The planned reservoir 1-1 1.1.4 Objective 1-1 1.1.5 Social Impact 1-1 1.2 Project area 1-1 1.2.1 Total reservoir footprint 1-1 1.2.2 Area required for reservoir construction 1-1 1.2.3 Areas of buildings within the reservoir 1-1 1.2.4 Other areas within the reservoir 1-1 1.3 Minimising resettlement 1-1 1.3.1 Alternative embankment alignment 1-1 1.3.2 Other alternatives 1-1 1.3.3 Reservoir area not required for construction 1-1 1.3.4 Summary 1-1 1.4 Decisions already taken 1-1 2 Socio economy 2-1 2.1 Socioeconomic data 2-1 2.1.1 The villages and their past 2.1.2 2-1 Population and demography 2-1 2.1.3 Economy and employment 2-1 2.1.4 Land use and agriculture 2-1 2.1.5 Infrastructure 2-1 2.1.6 Access and transport 2-1 2.1.7 Communal Facilities 2-1 2.1.8 Education and healthcare 2-1 2.1.9 Church and cemetery 2-1 2.1.10 Historical and cultural features 2-1 2.2 Built assets 2-1 2.2.1 General 2-1 2.2.2 Residential buildings 2-1 2.2.3 Farm- and other ancillary buildings 2-1 2.2.4 Commercial buildings 2-1 2.2.5 Community assets 2-1 2.3 Natural assets 2-1 2.3.1 Woodland habitats 2-1 2.3.2 Gravel excavation 2-1 2.3.3 Tourism opportunities 2-1 2.4 Categories of impacts and people affected 2-1 2.4.1 Resident Project-Affected Persons 2-1 2.4.2 Resident Project-Affected Families 2-1 l 2.4.3 Land owners 2-1 2.4.4 Businesses 2-1 2.4.5 Lubomia Gmina 2-1 2.4.6 The church 2-1 2.4.7 Arka Hostel for the Homeless 2-1 2.5 Public consultations & disclosure 2-1 1 2.5.1 Background 2-1 2.5.2 Residents surveys 2-1 2.5.3 Public meetings with Nieboczowy and Ligota Tworkowska residents 2-1 2.5.4 Notification of investment 2-1 2.5.5 Defence Committee 2-1 2.5.6 Non-residents land owners 2-1 2.5.7 Individual consultations with owners of sold property 2-1 2.5.8 Other consultations (local institutions) 2-1 2.5.9 Disclosure of RAP 2-1 I 2.6 Appeals against location decision 2-1 2.7 Conclusions 2-1 3 Legal Framework 3-1 l 3.1 Introduction 3-1 3.2 Polish law applicable to resettlement 3-1 3.2.1 Definitions 3-1 J 3.2.2 Legislation 3-1 3.2.3 Voluntary resettlement 11 3-1 3.2.4 Involuntary resettlement 3-1 3.3 World Bank policies 3-1 3.3.1 Objectives l 3-1 3.3.2 Eligibility 3-1 3.3.3 Compensation 3-1 3.4 Gaps between local laws and World Bank policies 3-1 3.4.1 Eligibility 3-1 3.4.2 Compensation 3-1 * 3.4.3 Adoption of World Bank Policies 3-1 3.5 Proposed entitlement policy 3-1 3.5.1 Eligibility 3-1 3.5.2 Compensation 3-1 3.6 Method of evaluation l 3-1 3.6.1 Legal aspects 3-1 3.6.2 Method 3-1 3.6.3 Houses already purchased 3-1 3.7 Compensation entitlements 3-1 3.7.1 Residents 3-1 3.7.2 Land owners 3-1 3.7.3 Land leasers and other PAP's 3-1 3.7.4 Loss of enterprises 3-1 3.7.5 Religious property 3-1 1 3.7.6 Summary 3-1 lIl 1 1 1 1 1 1 1 4 Implementation 4-1 4.1 House purchase 4-1 4.1.1 Voluntary house purchase (negotiation purchase) 4-1 4.1.2 Involuntary house purchase (expropriation) 4-1 4.1.3 Illegal occupiers 4-1 4.2 Land acquisition for construction purposes 4-1 4.2.1 Negotiated purchace 4-1 4.2.2 Land Exchange 4-1 4.2.3 Acquisition of State Treasury land 4-1 4.3 Lease holders 4-1 4.4 Enterprise 4-1 4.5 Resettlement village 4-1 4.6 Allocation of responsibilities 4-1 4.6.1 RZGW 4-1 4.6.2 Voivodship 4-1 4.6.3 Starosty (Poviat) 4-1 4.6.4 State Poviat Sanitary Inspector 4-1 4.6.5 Gmina 4-1 4.6.6 Agriculture Real Property Agency (ARPA) 4-1 4.6.7 Church authorities (Curia) 4-1 4.6.8 NGO's 4-1 4.7 Coordination and management 4-1 5 Resettlement sites 5-1 5.1 Introduction 5-1 5.2 Description of possible sites 5-1 5.2.1 Lubomia - Paprotnik 5-1 5.2.2 Lubomia-Zagrody 5-1 5.2.3 Syrynia-Dabrowa 5-1 5.3 Village layouts 5-1 5.3.1 AGO-Projekt proposals 5-1 5.3.2 Recommended layout 5-1 5.4 Provision of public services 5-1 5.5 Cost of houses and infrastructure 5-1 5.5.1 Land 5-1 5.5.2 Infrastructure 5-1 5.5.3 Buildings 5-1 5.5.4 Summary 5-1 6 Cost estimates 6-1 6.1 General 6-1 6.2 Houses and associated property 6-1 6.3 Resettlement village 6-1 6.4 Other buildings 6.4.1 Public buildings 6-1 6.4.2 Religious property 6-1 6.4.3 Commercial property 6-1 6-1 3 l 6.5 Infrastructure 6-1 6.6 Land 6-1 1 6.7 Legal, evaluation and administration 6-1 l 6.8 Summary 6-1 6.9 Cash flow and schedule 6.9.1 Cash flow 6-1 6.9.2 RAP Implementation schedule 6-1 6-1 7 Participation and consultation during implementation 7-1 7.1 Communication 7.1.1 Written communication 7-1 7.1.2 Media 7-1 7-1 7.1.3 New web site 7-1 3 7.2 Participation indesign of resettlement village 7-1 8 Grievance redress 8-1 3 8.1 Grievance procedure according to Polish regulations 8-1 8.2 Appeals to international bodies 8-1 1 9 Monitoring and evaluation 9-1 9.1 Monitoring 9.1.1 Need 9-1 9.1.2 Methodology 9-1 9-1 l 9.2 Independent evaluation 9-1 10 List of sources used 10-1 Appendix A - Socio -economic database Appendix B - Legal framework Appendix C - Property evaluation and cost estimates Appendix D - Public opinion documentation Appendix E - Proposals for public related actions I 1I .