TRADE MARK EAST AFRICA Study on Establishment of Roadside Stations (RSSs) along the Northern Corridor TMEA/PO/20120301 . July 2014 Final Report – 2nd Volume Grupo TYPSA Balbino Marron 3, Edificio Viapol A/1/4&5 41018 Seville, Spain Tel.: (34) 954 925 325 - Fax: (34) 954 640 359 www.typsa.com TABLE OF CONTENTS 1. LEGAL FRAMEWORK ....................................................................................................... 3 2. RESULTS OF THE SURVEYING FACILITIES ALONG THE NORTHERN CORRIDOR 13 3. APPROVED ROADSIDE STATIONS ............................................................................. 120 4. BASIC INFORMATION FOR THE DIMENSIONING OF PRE-SELECTED ROADSIDE STATIONS ...................................................................................................................... 159 5. RESULTS OF THE RSS MODEL DESIGN .................................................................... 181 ANNEX 1: STAKEHOLDERS CONSULTATION ANNEX 2: GRAPHICS OF RESULTS OF THE FINANCIAL ANALYSIS FOR ALL THE ROADSIDE STATIONS ANNEX 3: ToRs Study on Establishment of Roadside Stations (RSSs) along the Northern Corridor First Interim Report 2 1. LEGAL FRAMEWORK We have focused on two key aspects: the strategic and environmental framework and the border regulations. The main characteristics of these frameworks are as follows. Strategic and environmental legal framework Uganda The Constitution of the Republic of Uganda, 1995 In Uganda all pieces of legislation that govern environmental protection and conservation are derived from statutes in the current constitution and ratified international conventions. The Constitution of the Republic of Uganda declares that the State shall promote sustainable development and public awareness of the need to manage land, air, and water resources in a balanced and sustainable manner for the present and future generation. The framework legislation on environment protection is the National Environment Act, which was enected in 1995. National Development Plan (NDP) 2010/11 – 2014/15 This Five-year National Development Plan with the theme “Growth, Employment and Socio- economic Transformation for Prosperity” was formulated and launched on the basis of a broader National Vision for “transforming Uganda from a peasant society to a modern and prosperous country over the next 30 years”, by improving significantly specific development indicators associated with socio-economic transformation. It is envisaged that this plan will steer the country’s economy into middle income economy by 2017. The National Planning Agency in collaboration with the Ministry of Finance, Planning & Economic Development continuously plan and align the NDP with the annual budget by ensuring that Government of Uganda instruments as well as the legal framework are working in consonance with the NDP. Uganda Vision 2040 This document contains the strategy to implement the National Vision for Uganda, already explained. The main objective is increase the GPD of the country and transforming it “from a predominantly peasant and low income country to a competitive upper middle income country”. The main points of this vision are: . Review the architecture of government service delivery system to act as a unit, harness synergies and deliver public services efficiently and effectively. Government will invest directly in strategic areas to stimulate the economy and facilitate private sector growth. Pursue an urbanization policy that will bring about better urban systems that enhance productivity, livability and sustainability. Government will pursue policies aimed at leapfrogging in the areas of innovation, technology and science, engineering, human resource development, public sector management, and private sector development. Develop and implement a National Innovation System that will help in initiating, importing, modifying and diffusing new technologies. Study on Establishment of Roadside Stations (RSSs) along the Northern Corridor Final Report 3 . Government will front-load investments in infrastructure targeting areas of maximal opportunities with focus on oil, energy, transport and ICT. Accelerate industrialization through upgrading and diversification to effectively harness the local resources, offshoring industries and developing industrial clusters along the value chain. To develop and nurture a national value system by actualizing a national service programme to change mind sets and promote patriotism and national identity. The vision will be implemented in accordance with existing and future agreements, standards and protocols within the framework of regional integration. The National Environmental Act (1995) The National Environmental Act is the framework law on environment. It provides an instrument for sustainable management of the environment and establishes the National Environment Management Authority (NEMA) as the principal government agency for the management of environment. NEMA is mandated to coordinate, monitor and supervise all activities in the field of the environment. The framework law had the impact of triggering amendment, enactment and harmonization of sectoral laws on environment. The affected laws include the National Forestry and Tree Planting Act 10 with a provision on EIA; the Land Act 11 under which all owners and occupiers of land are to manage it in accordance with the National Forestry and Tree Planting Act, the Mining Act, the National Environment Act, the Water Act, the Uganda Wildlife Act, the Town and Country Planning Act 12 and any other law; the Investment Code Act 13 section 19 (1) (d) that establishes the obligation to every holder of an investment license to take necessary steps to ensure that the operation of their business enterprise does not cause any injury to the ecology or the environment; the Uganda Wildlife Act 14 sections 15 and 16 of which provide for EIA, audits and monitoring of projects that may have an impact on wildlife; the Mining Act, 15 sections 108 to 112 of which require EIA, environmental audit, environmental protection standards, environmental restoration plans and environmental performance bonds in accordance with the National Environment Act; and the Local Government Act, 16 the second schedule of which outlines environmental management areas for which district councils are responsible. The Land Act, 1998. This law regulates the ownership of land and controls land use. Section 44 obliges any person who owns or occupies land to manage and utilize it in accordance with the Water Statute, the National Environment Statute, the Forest Act and any other law. Section 46 of the Act requires that any use of land should conform with Town and Country Planning Act and other laws. An EIA is therefore a useful tool to guarantee that the proposed land use does not contravene any law. The Environment Impact Assessment Regulation, nº 13 of 1998 This regulation apply to: . All projects included in the Third Schedule to the statute. Any major repairs, extensions or routine maintenance of any existing project which is included in the Third shedule to the statute. This Third Schedule includes projects to be considered for environmental impact assessment. Thus, it includes: 1. General: Study on Establishment of Roadside Stations (RSSs) along the Northern Corridor Final Report 4 . An activity out of character with its surrounding; . Any structure of a scale not in keeping with its surroundings; . Major changes in land use. 2. Urban development including: . Shopping centres and complexes; . Establishment or expansion of recreational areas. 3. Management of hydrocarbons including the storage of natural gas and combustible or explosive fuels. However, this legislation includes an Annex 1 containing projects requiring EIA, which is similar to the Third Schedule. Implementation of the Road Side Stations requires EIA. The Water Statute, nº 9 of 1995 This Statute does not expressly deal with EIA but has some provisions that are related to EIA. These are contained in Division 4 of the statute and are laid out as follows: Section 22 provides for the suspension or variation of a water permit by the Executive Director where the water available in an area is or is likely to become insufficient in quality or quantity for the needs of the people using or seeking to use it. This may be done by notice in writing to the holder of the water permit for that area. The Wildlife Statute nº 14, 1996 Section 16 of this statute requires a developer desiring to undertake a project which may have significant impact on any wildlife species or community to carry out an EIA in accordance with the National Environment Statute. Section 17 of the same statute obliges the Uganda Wildlife Authority in consultation with NEMA to carry out audits and monitor such projects that may have an impact on wildlife. The Investment Code, nº 18, 1987 This Code empowers the Uganda Investment Authority (UIA) to, among other things, attract and coordinate all local and foreign investments in the country to enhance economic development. Section 19 of the code requires every investment licence to take necessary steps to ensure that the operation of its business enterprise does not cause any injury to the ecology or the environment. The Wetlands Policy, 1995 This policy provides that all proposed modifications and restorations on wetlands be subjected to EIA and that damaged wetlands be rehabilitated in accordance with the findings of the EIA. According to Uganda’s environmental legislation, the following Government agencies and