Papua New Guinea: Town Electrification Investment Project-1: Ramazon Hydro Power And Transmission Line Sub-Project

Transcription

1 Resettlement Action Plan Final Report February 2015 Papua New Guinea: Town Electrification Investment Project-1: Ramazon Hydro Power And Transmission Line Sub-Project Prepared by PNG Power Ltd, Port Moresby, for the Government of Papua New Guinea and the Asian evelopment ank.

2 This Resettlement Action Plan is a document of the borrower. The views expressed herein do not necessarily represent those of A's oard of irectors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian evelopment ank does not intend to make any judgments as to the legal or other status of any territory or area.

3 TOWN ELECTRIFICATION INVESTMENT PROGRAM (TEIP) TRANCHE 1 Land Acquisition & Resettlement Plan (LARP) Ramazon Hydro Power and Transmission Line Sub -project PROJECT NUMER: LOAN 2713/2714 OCUMENT STAGE: FINAL FERUARY 2015 Report prepared by PNG Power Ltd, for the Asian evelopment ank (A), Manila, Philippines. The Land Acquisition/Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of A s oard of irectors, Management, or Staff.

4 AREVIATIONS A - Asian evelopment ank AH - Affected Household AIS` - Acquired Immunodeficiency Syndrome APs - Affected Persons AR - Autonomous Region of ougainville LO - istrict Lands Officer MS - etailed Measurement Survey OLPP - epartment of Lands and Physical Planning OW - epartment of Works EA - Executing Agency EIA - Environmental Impact Assessment EMP - Environmental Management Plan GA - Gender Aware evelopment GAP - Gender Action Plan GoPNG - Government of Papua New Guinea ha - hectare HH - households HIV - Human Immunodeficiency Virus IA - Implementing Agency IOL - Inventory of Loss kva - Kilovolt Amps kv - Kilovolt LARP - Land Acquisition/Resettlement Plan LLG - Local Level Government MOA - Memorandum of Agreement MW - Mega Watt OPA - Office of Provincial Administration PLO - Provincial Lands Officer PMU - Project Management Unit PPL - PNG Power Limited PPTA - Project Preparatory Technical Assistance RC - Replacement Cost ROW - Right of Way SES - Socio-Economic Survey SPS - Safeguard Policy Statement (A 2009) sqm - square meters TL - Transmission Line PGK - PNG Kina US - US ollars as of 16/1/2014, 1 US is equivalent to PGK

5 Meaningful Consultation GLOSSARY A process that (i) begins early in the PPTA and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision-making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation measures. Affected Persons Indigenous Peoples Physical isplacement Economic isplacement Gender Mainstreaming Country Safeguard Systems Significant Impact In the context of land acquisition, affected persons are those who are physically affected and/or displaced (relocation, loss of residential land, or loss of shelter) and/or economically affected (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Is a generic term used to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by other groups; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. Relocation, loss of residential land, or loss of shelter as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Loss of land, assets, access to assets, income sources, or means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. The process of ensuring that gender concerns and women s needs and perspectives are explicitly considered in projects and programs, and that women participate in the decision-making processes associated with development-based activities. This is the legal and institutional framework of Papua New Guinea and it consists of its national, sub national, or sectorial implementing institutions and relevant laws, regulations, rules, and procedures that pertain to the policy areas of social safeguards. The loss of 10% or more of productive assets (income generation) or physical displacement and/or both. 3

6 TALE OF CONTENTS A A. EXECUTIVE SUMMARY PROJECT ESCRIPTION C. SCOPE OF LAN ACQUISITION & RESETTLEMENT i. Project s Impacts ii. Effects of Assets Lost iii. Common Property Resources SOCIO ECONOMIC INFORMATION AN ASSESSMENT OF IMPACTS i. emographic Features of project Area and APs ii. Socio-economic ata on APs iii. Project s impact on APs and Vulnerability of APs iv. Gender and Resettlement Impacts E. INFORMATION ISCLOSURE, CONSULTATIONS AN PARTICIPATION i. Project Stakeholders ii. Consultation and Participation Mechanisms iii. Activities Undertaken to isseminate Project and Resettlement Information iv. Results of Consultations with Affected Peoples F. ISCLOSURE OF THE LAN ACQUISITION/RESETTLEMENT PLAN i. Planned Information isclosure Measures during Project Implementation G. GRIEVANCE RERESS MECHANISM H. LEGAL AN POLICY FRAMEWORK i. National and Local Laws and A Policy Requirements ii. Resettlement Policy Principles for the Project iii. Principles and Methodologies for etermining Valuations and Compensation Rates 31 iv. Replacement Cost Compensation Survey agreed by APs v. escription of Land Acquisition Process I. ENTITLEMENTS, ASSISTANCE AN ENEFITS i. Affected Person s Entitlements and Eligibility ii. Assistance to Vulnerable Groups iii. Opportunities for Affected Persons to erive Appropriate evelopment enefits

7 J. RELOCATION OF PHYSICAL STRUCTURES A K. INCOME RESTORATION & REHAILITATION i. Possible Livelihood Risks ii. Income Restoration and enefit Sharing Program iii. Special Measures to Support Vulnerable Groups iv. Specific Gender Considerations v. Training Programs L. RESETTLEMENT UGET & FINANCING PLAN i. Itemized udget for Resettlement Activities ii. Flow of Funds iii. Justification for Calculating Compensation Rates and Other Cost Estimates iv. Sources of Financing M. INSTITUTIONAL AGREEMENTS i. Responsibilities and Mechanisms for Carrying out LARP ii. Institutional Capacity uilding Program iii. Role of Civil Society Groups iv. Involvement of Women s Groups in Resettlement Planning and Management N. IMPLEMENTATION SCHEULE O. MONITORING & REPORTING P. ANNEXES Annex I: Replacement Cost Item Annex II: Project Information ulletin Annex III: Consultation Notices Annex IV: Meeting Minutes Annex V: Grievances Mechanism Flow Chart Annex VI: Master List Annex VII: MOA between IGL and AG Annex VIII: MOA between PPL, AG and LO Annex IX: Clarification letter on MOA regarding IGL

8 Tables and Figures A Table 1: Eligibility and Entitlements for APs... 8 Table 2: Final Summary udget for LARP... 9 Table 3: Ramazon Sub project Technical ata Table 4: Scope of Land Acquisition and Total No of APs Table 5: Vegetation Clearance Requirements Table 6: Listing of APs with tree and crop losses along Transmission Lines Table 7: Land requirement, trees and vegetation removal at the Power station and other sites Table 8: Key issemination and Land Acquisition Information Activities Table 9: Comparison of GoPNG Law and A SPS and Gap-Filling Measures Table 10: Entitlement Matrix Table 11: Estimated Land Acquisition udget Table 12: Calculation for Infrastructure, Copra and Cocoa Table 13: Calculations for Low Value Trees and with Commercial Values Table 14: Calculation for all Food Crops Table 15: Implementation Schedule Table 16: Monitoring and Evaluation Indicators Figure 1: Map of PNG with the Autonomous Region of ougainville Figure 2: Autonomous Region of ougainville Figure 3: Google Earth view of Ramazon HPP

9 A. EXECUTIVE SUMMARY 1. This is the Land Acquisition and Resettlement Plan (LARP) for the Ramazon Hydro Power Sub project (RHPP) at the Autonomous Region of ougainville. It describes principles, entitlements, procedures, and implementation arrangements on land acquisition and resettlement for Ramazon sub-project. It follows relevant laws and regulations of the Government of Papua New Guinea (GoPNG) and the Safeguard Policy Statement (2009) of the Asian evelopment ank (A). 2. The RHPP is one of three sub - projects selected for the First Tranche of the A financed Town Electrification Investment Program (TEIP). The TEIP is designed to enhance the social and economic development in urban areas and via a related project to extend the power distribution grid to rural communities in the footprint of these three sub - projects. The RHPP is located within the Ramazon Creek catchment in the Autonomous Region of ougainville. The hydropower scheme will supply electricity to the provincial town of uka. 3. This sub- project will involve the removal of some assets such as a house, several trade stores, assets belonging to schools such as fences and signboards and others. The single house that needs to be removed will be moved several meters from its original site. Land acquisition for the sub project s weir site, part penstock and access road is within the hectares of land that was agreed to be transferred by the ougainville Island Group limited (IGL) to the Autonomous ougainville Government (AG) for the RHPP. This arrangement of the transfer of the hectares is specified in the MOU (Annex VII) signed between AG and IGL. For the power station site and part of penstock land acquired is hectares which is customary owned and an MOU between the landowners (LO), PNG Power Limited (PPL) and AG is in Annex VIII. For the transmission line corridor, hectares of land that will be acquired are the road easement which is the 15 metres width from both sides of the road. The land along transmission line areas are state land so there is no need of land acquisition because it s already state land but compensation for damages will cover for the loss of improvements within the easements. 4. The RHPP investment cost (excluding land acquisition costs) is estimated at US22, 473, 670 (PGK ) and involves the building of a low weir across the Ramazon river, which will then create a small head pond in the river channel. An intake will be provided in the weir which will divert the low flow that is exceeded for 90% of the time to a buried supply pipeline. The supply pipeline will terminate at a fore bay where the flow is then directed to the powerhouse via a penstock. After turbine the flow is returned to the river. The RHPP will also include the construction of a 33 kv transmission line from the hydropower plant northwards for 45km to uka via Kokopau and 8km south to Tinputz station. 5. ased on the Census, inventory of losses (IOL) and detailed measurement survey (MS) the number of affected persons (AP) is 2197 (1068 female). It needs to be noted that the hydropower house will be constructed on customary land that is owned by the Anakes clan. There are no APs that will lose more than 10% of their food producing or other productive customary lands. Those APs that will lose only small portions of their customary lands and have other land available to them in close proximity. They consider connection to a reliable supply of electricity outweighs any inconvenience caused by having to clear other portions of their customary land for food production purposes. 6. All AP households rely to some extent on subsistence agriculture, primarily the cultivation of sweet potato, taro, and banana and the sale of betel nut. 7. Commercial agro-industrial cropping such as copra and cocoa is very important in the Autonomous Region of ougainville as a source of income for the overwhelming majority of 7

10 Ps. The high value cocoa and copra trees that have to be cleared are on the existing road Aeasement. The onus plantation is one company that will be losing the highest numbers of cocoa trees (63) and 20 coconut palms (copra). 8. Customary land that will need to be acquired is unlikely to impact significantly on the livelihoods and incomes of APs. espite the high numbers of APs who will lose cash crops and other trees, these trees constitute less than ten percent of their income generating assets. Also due to clan lineage membership and extended families, people can depend on each other for assistance in providing food, finances or labor if it is needed. 9. The reduced land use resultant from the land acquisition will be mitigated by PPL compensating loss of property and high value and other trees to ensure these APs are not economically worse off as a result of the Project. In addition to compensation for affected land and assets, both women and men APs are expected to benefit from Project related wage employment and access to electricity supplied to individual households for the first time by PPL. 10. APs have been consulted during pre-feasibility studies and the preparation of the LARP. PPL has and will continue to further consult with affected communities and this LARP is based on detailed land investigations. Clan leaders and other clan members, including women, have expressed their strong support for this sub project. Table 1 displays a matrix summarizing the eligibility and entitlements for APs while Table 2 presents the final Summary udget for the LARP. This is based on the PPL undertaking detailed land investigations and valuation of assets in consultation with affected landowners. The crops and trees are assessed by PPL following the Replacement Cost Survey. The full calculation is in Table 12. Table 1: Eligibility and Entitlements for APs Type Impact Permanent acquisition land of of Entitled Person (s) Customary Landowners Informal settlers (e.g. on land acquired as part of ROW) with no legalized rights. Entitlements Landowners will be provided equivalent size and quality of land, or cash compensation at replacement costs APs will be provided compensation only for their damaged crops, trees, and structures on project-affected land. Temporary use of land. Legal occupiers of land (primarily leaseholders) and customary landowners Landowners will be paid rent on terms negotiated between them and the contractor. Loss structures of Loss of crops and trees All APs irrespective of their legal status All APs irrespective of their legal status Compensation at replacement cost and relocation assistance. APs will be given notice to harvest crops and trees before site clearance or removal from required land. If APs are not able to harvest, they will be paid cash compensation at replacement cost. In case of perennial crops and trees, the compensation will also include loss of income for a period until new crops or trees produce an equivalent income 8

11 Loss ALivelihoods of Vulnerable households identified by social assessment. Vulnerable households that have been identified will receive priority employment for project construction and maintenance work. Unforeseen or unintended impacts Concerned affected persons These will be determined as per the principles of this LARP and A s Safeguard Policy. Table 2: Final Summary udget for LARP Total land required ha, including: ha Customary Land ha Alienated Land/Freehold (IGL) ha- Transmission Line Kokopau to Tearoki No of APs (Females)/HHs 2197 (Female:1068)/ 515 Estimated Value of Land to be Acquired Assessment by Valuer General (epartment of Lands & National Planning- PNG) Infrastructure (Houses, Trade Stores, Fences, etc.) Copra and Cocoa Low Value Trees Trees of Commercial Value (Hardwood, etelnut, etc.) Food Crops Total Compensation and Other Allowances Payable K596, 000 the value for both the customary land of ha and also included Alienated land. This includes the Power Station, other project sites and access roads on ha in Portion 334 provided by IGL to AG. PGK93, PGK136, PGK57, PGK51, PGK68, PGK406, (US145,296.73) 11. PPL will allocate adequate resources to implement and monitor the LARP. It will ensure that adequate funds are allocated and disbursed to pay compensation for affected land and assets. The civil works will not commence before the LARP has been approved and land compensation paid in full. Compensation will be paid according to each component within the subject project area which includes the Transmission Lines Corridor sites, Weir sites, the Penstock area, Power Station and all the Access Roads to the sub-project areas. 12. PPL will submit semi-annual safeguard monitoring reports to A on the implementation of the LARP. It will also submit a sub-project land acquisition and compensation completion report to A once land and asset compensation has been completed. 9

12 . PROJECT ESCRIPTION A 13. A is providing a multi-tranche financing facility (MFF) to GoPNG to develop hydropower resources to reduce reliance on diesel generation in three small townships throughout the country as part of the Town Electrification Investment Program (TEIP). The implementing Agency is PNG Power Limited (PPL), a government owned corporation that is responsible for the generation and distribution of electricity throughout PNG. 14. Less than 10% of the PNG population has access to electricity and the grid connected power supply is largely restricted to the main urban centers. PPL is the sole energy supply entity in PNG and is required to improve energy connectivity in PNG. The objective of this TEIP is to connect that very high percentage of urban residents, specifically in Popondetta, Oro Province, Kimbe, West New ritain, and uka, Autonomous Region of ougainville (AG), who are not currently connected to the grid. 15. The impact of TEIP will be enhanced social and economic development in urban areas and an ancillary project (A s Improved Energy Access to Rural Communities) will extend the power distribution grid to rural communities in the areas of three sub - projects. The outcome will be improved power supply in the energy-deficient provincial centers through the replacement of high cost diesel power generation with sustainable renewable energy power generation and the provision of power to new consumers in outlying areas. 16. The TEIP involves the construction of around 3 MW (per plant) run-of-the river hydropower scheme with associated transmission lines in Oro (ivune HPP) and ougainville (Ramazon HPP) and approximately 150 kilometers of 66kV transmission lines from the Lake Hargy Hydropower Plant in ialla to the Kimbe the provincial capital of West New ritain. This land acquisition/resettlement plan (LARP) is the resettlement planning document for the Ramazon hydropower Sub project (RHPP). Figure 1: Map of PNG with the Autonomous Region of ougainville 10

13 17. Figure 1 shows a map of Papua New Guinea with the Autonomous Region of ougainville to the east bordering with the Solomon Islands. Figure 2 below is a map of the Autonomous Region of ougainville showing the location of the RHPP. Figure 2: Autonomous Region of ougainville RAMAZON HPP LOCATION 18. Figure 3 is a Google Earth view of the RHPP sites. The sites include the Transmission Lines Corridor, Weir sites, Penstock, Sites, Power Station and all the other project operational sites.

14 Figure 3: Google Earth view of Ramazon HPP 19. Figure 3 shows the road access to all RHPP sites and they are in the Selau-Suir istrict. The Transmission Line (TL) Corridor is along the North ougainville highway from Kokopau to Tearoki Mission Station. 20. Through the ancillary project, electricity transmitted through the core transmission network will enable PPL to distribute power to rural PNG communities using low voltage connections. Without the core transmission network being supported by the main Project, it would be not financially feasible for PPL or other investors to provide such connections. 21. The RHPP investment cost (excluding land acquisition costs) is estimated at US$22,473,670 million (PGK56, 721,112.50) and involves the building of a low weir across the Ramazon river, which will then create a small head pond in the river channel. An intake will be provided in the weir which will divert the low flow that is exceeded for 90% of the time to a buried supply pipeline. 22. The supply pipeline will terminate at a fore bay where the flow is then directed to the powerhouse via a penstock. After the water goes through the turbines, the flow is returned to the river. The RHHP will also include the construction of a 33 kv transmission line from the hydropower plant northwards for 45km to uka via Kokopau and 8km south to Tinputz station. Technical details for the project are in Table 3. 12

15 Table 3: Ramazon Sub project Technical ata Unit River Terrain/river basin Type of project Weir Height Penstock Length Net head Installed capacity Firm annual energy Voltage Source: PPL Study etails m wide, 1970 km The population of the surrounding area is about 800 persons who live in scattered family based settlements. Run-of-river 5m 1600m 85m 2.8MW 23.8GWh 33kV 23. The sub project follows appropriate engineering design to minimize land acquisition and resettlement impacts. The sub project will use roads used by the villages and the new access road for the intake site will be built along the pipeline. The villagers have noted that they have difficulty in transporting their cash crops to the main road for transportation to uka town to be sold therefore, the newly constructed access roads will beneficial to the villagers. The transmission lines will follow the existing national highway corridor. C. SCOPE OF LAN ACQUISITION & RESETTLEMENT i. Project s Impacts 24. The Ramazon Hydropower sub project will require the removal of several structures that include a church, one home, six trade stores, one cemetery, several fences, school sign boards and several religious symbols. APs have been identified and advised that they will be compensated for these losses. The sub project will need about hectares of customary land and hectares of the alienated land for sitting infrastructures totaling hectares. 25. The sub project would also need approximately 860 square meters or of land for transmission poles on a permanent basis (based on an estimated 382 transmission poles requiring 2.25 square meters for each transmission pole), PPL has decided to acquire all land within the easement, the permanent clearance of 12,112 high value cocoa and coconut trees, and approximately 8318 fruit, nut and wood trees with varying levels of economic value. 26. The land within the sub-project site is both customary-owned and alienated land. The ha customary land at Power station site and part of the penstock is owned by Anakes clan of oes village. Weir site, access road, and penstock areas are on alienated land to which IGL has a title. IGL has transferred ha land to AG through a prior transfer agreement for the RHPP. The current use of land is mostly for subsistence agriculture and growing cash crops such as cocoa and coconut. Some of the land is forests that have been either logged or cleared. The transmission line corridor will require hectares, and thus total land required for the project is hectares. 27. ased on the updated etailed Measurement Survey there are 515 affected households with a total of 2,197 affected persons that will be marginally affected by this subproject. However, none of these affected households/persons will be severely affected defined as either being physically displaced or required to relocate from their existing normal place of residence or 13

16 economically displaced resulting in the loss of more than 10% of their income-generation productive assets. 28. The land acquisition impacts, notably access to the hydropower generation facility and rightof-way for the transmission lines are typical of projects of this nature but unlike projects that require the impoundment of water upstream from the hydropower generation facility. This runof-the-river project does not necessitate the loss of land and displacement of people upstream. 29. The subproject has been assessed as Category in terms of land acquisition/resettlement impacts Table 4 provides the breakdown of land requirement and number of APs for each of the sub project components. It includes all the clan names of the landowning members of each of the affected project areas. Table 4: Scope of Land Acquisition and Total No of APs Sub - project Sites Estimated Land Area (ha) Current Land Use Landowners (Clans/subclans) Weir 0.5 ush Portion 334 ougainville Island Group Limited (IGL) Care Taker - Anaka (3 families) and Anasi ( 4 families) Fore bay 1 ush Portion IGL Number of APs 30APs 40APs Pipeline/Road Access Additional Access Road ush, gardens, cocoa blocks ush, gardens, cocoa blocks Care Taker - Antavet (4 families) and Anasi (5 families) Portion IGL Care Taker - Amra (14 families) Anekeh (47 families) Anakarip (20 families) Anasi (21 families) Antavat (18 families) Portion IGL Care Takers controlled areas 350 APs Power House ush Anakes (10 families) 50APs Camp and quarry sites Transmission Lines 0 No permanent acquisition; land to be acquired temporarily through negotiations with Landowners ush, Nambuin (110 families) 1,727 APs gardens, Nakaripa (132 families) cocoa Nakas (16 families) blocks Karipa (26 families) Nabeon (30 families) Antavet (2 families) Anakas (10 families) okaripa ( 7 families) Msqui ( 5 families) Total 17,484 2,197 APs 14

17 31. The land of the sub - project at the powerhouse site is customary-owned while the land at the other sites is owned by IGL. The latter sites are used by several caretaker families mostly for subsistence agriculture and growing cash crops such as cocoa and coconut. Some of the land is secondary forests that have been either logged or cleared. The sub - project is sited within disturbed vegetation consisting of young re-growth bush/shrubs and plantations. 32. Table 5 lists the vegetation that will be cleared as meeting the requirements for the sub project and its sites. A total area of 47.9 hectares will be cleared: 5.5 ha within the 30.7 hectares that will be acquired and 42.4 ha state land along transmission line. 33. Table 6 shows the number of APs identified along the 33kv transmission line that will be losing mostly low value crops,.i.e. bush and soft wood plants. No significant number of cash crop trees will be lost. However, they will be compensated for the loss of valuable fruit trees or hardwood. No land will be permanently lost or restricted for the land is within the road easement. Similarly, Table 7 shows a breakdown of the land requirement and trees and vegetation for the APs at the Power station, Weir, Penstock and Access Road. Table 5: Vegetation Clearance Requirements Project Clearance Component Length (m) Width (m) Area (ha) Weir + Intake Pipeline + Intake access Powerhouse Access road Total HPP facilities 5.5 Transmission Line 1 45, Transmission Line 2 8, Total Transmission Line 42.4 Total HPP and TL 47.9 Source: PPL IEE Report Table 6: Listing of APs with tree and crop losses along Transmission Lines 15 Name of Village ONUS VILLAGE 51 Number Affected Persons MANO 122 Nil RAMUNRATA 119 Nil SOROM 131 Nil GOHI 92 Nil NGALASUEI 113 Nil TORTE 110 Nil SANAKOVA 88 Nil HANTOA/TAUT 110 Nil TSUNAWAN/SIARA 133 Nil SIARA 112 Nil of APs Losing land permanently SELAU /SUIR ISTRICT Nil Nil APs With Restricted Land Use APs Losing High-Value Trees (Cocoa and Coconut) Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil APs losing Lower- Value Trees and Crops

18 TON 102 Nil Nil UMUM/ANIO 99 Nil Nil ANIO/TSUNPETZ 55 Nil Nil 0 55 SU TOTAL TINPUTZ ISTRICT TSUNPETZ 42 Nil Nil 0 63 RAWA 19 Nil Nil 5 34 EOS 100 Nil Nil VOGOG 52 Nil Nil 0 52 TINPUTZ P/SCH 7 Nil Nil 0 7 TINPUTZ-VUSUN 20 Nil Nil 0 30 SAA PLANTATION 20 Nil Nil 5 15 TEAROUKI 30 Nil Nil SU TOTAL TOTAL 1, Table 7: Land requirement, trees and vegetation removal at the Power station and other sites Name Village of Number of Affected Persons APs Losing land permanently APs Restricted Use With Land APs Losing High- Value Trees (Cocoa and Coconut) Numkereo 390 Nil Nil Nil 390 eos Nil Nil 50 TOTAL Source: IOL and MS, PPL, 2013 APs losing Lower-Value Trees and Crops 34. Table 7 shows the 50 APs from the eos village that are the customary land owners of the Powerhouse site losing ha permanently and will be compensated accordingly for the land and assets lost. The 440 APs identified at the weir site as care takers of the IGL freehold land and will be compensated as well for loss of their food crops and tree crops. No significant high value trees and crops will be lost. ii. Effects of Assets Lost 35. None of the APs have food gardens which will be significantly affected by the sub-project. The only food crops that the APs have growing on the project land are banana trees. Most of the food gardens are away from the sub-project site. 36. These growing bananas can be described as secondary food gardens and therefore they are not likely to have adverse negative impacts upon the APs should they be lost. APs stated during socio-economic survey that they will have sufficient land available for them in nearby locations to continue their food gardens even after loss of their part of gardens due to land acquisition. 16

19 37. The sub project is sited within disturbed vegetation consisting of young re-growth bush/shrubs and plantations. The tree clearance on non-state land for all of the site facilities and access road may involve about 5.7 ha out of total acquisition of ha. The transmission lines will be built along right of way of existing roads that had been acquired prior to independence in 1975 and is not subject to any customary claim. iii. Common Property Resources 38. It is not expected that common property resources (e.g. access to water or forest resources, including aquatic resources such as freshwater fish or non-timber forest products) would be impacted upon by this sub-project. However, to mitigate any unforeseen impacts the Environmental Management Plan (EMP) will be implemented to mitigate such impacts.. SOCIO ECONOMIC INFORMATION AN ASSESSMENT OF IMPACTS i. emographic Features of project Area and APs 39. The sub project area is located in the Autonomous Region of ougainville (AR), which covers the mainland ougainville and uka Island where the provincial headquarters is located. AR has a population of 175,160 and 48.6 percentage of the total population is female. The province has three districts and 12 LLGs. 40. The sub project is located in the North ougainville istrict in two LLGs, Tinputz and Selau Suir. According to census information from the PNG National Research Institute, the North ougainville istrict has a population of 73,091 (35668 female). The North ougainville istrict occupies about 3007 square kilometers, of which 1645km squared is occupied. The density of the population is 24.3 populations per km and 44.4 populations per km square of occupied land. The district has 137 elementary schools, 3 community schools, 65 primary schools, one provincial high school and three vocational schools. It has five health centers and 31 first aid posts. 41. There are 515 affected households consisting of 2197 (female: 1068) affected persons with an average household size of 3.4 members. The largest household being 20 persons and the smallest 1 person. According to the socio-economic survey, all the APs are people from the area and they come from 19 different clans. The people mostly communicate in their local language but are also able to communicate in Tok Pisin if they are required to. For resettlement planning purposes, Tok Pisin and the local language are used simultaneously to ensure social inclusion of all APs. 42. Over 44 percent of AP household members are under the age of 18, two percent over 65 year of age and 56 percent between 18 and 65 years of age. 10 out of the 52 female heads of households reported that their husbands were from outside of the AR and so abandoned them and moved back to their home provinces. The majority of the female heads of households reported that they husbands had been killed during the 10-year civil war in ougainville. ii. Socio-economic ata on APs 43. To better understand the impacts of land and asset acquisition on APs, the following socioeconomic indicators were developed from the socio-economic survey: Income: Majority of the APs are subsistence farmers. Several APs own cocoa and coconut trees and earn a substantial income from the sales of these crops. Several APs own small businesses such as trade stores and fuel stations. Others earn an income through selling

20 their vegetables and betelnut either in uka town or along the roadside markets. The highest income per annum recorded was PGK50, 000 and the lowest income was PGK2000. The loss of trees for the hydropower and TL project only constitutes to less than ten per cent of their total income generating assets. 45. Land Ownership: All customary land that is not freehold is collectively owned by individual clans however, individual households have user rights to use collectively owned land to undertake livelihood based activities. 46. Most of the land that the Penstock will be built is collectively owned by the Anakes clan which is from the Power House to the cross over to Portion 334 Lease Holder IGL. The other clans which include the Antavet, Anasi and Anakarip are care takers on the subject land within Portion 334. The land for the Weir site is situated in Portion 334 which the land is under IGL. The two care taker clans are Gunun-Karipa and Anasi clans. The land on which the access road will be constructed is also within Portion 334 but the land on which the pipeline will be constructed upon is used collectively by the following clans: Anakeh, Amra, Anakarip, Antavet and Anasi. The transmission lines are mainly on the main road from Kokopau in Selau istrict and all the way to Tearoki Mission Station Tinputz - Suir istrict. Most of the Transmission Lines will be on the road easements which is the 15 metres from both sides of the road so for clearance purpose compensation will be involved excluding the land because the road easement is state owned. 47. Livestock: Common livestock rearing is similar as in other parts of PNG, such as rearing of pigs and poultry mainly for consumption. 48. Occupational Structure: Most APs can be classified as subsistence farmers. 49. Access to Public Services: The population living along the TL and the Hydropower sites has access to health care amenities. Transportation in the area is quite efficient as the main roads are in good conditions and they have several Public Motor Vehicles (PMVs) that transport people from the Tinputz area to Kokopau, where they are able to travel by boat to uka town. 50. The population living along the access road and in the actual hydropower site however, have poor road conditions and therefore are supportive of the hydropower project as it would improve their roads and therefore their access to uka town, health facilities, markets and schools for their children. The only village close to the RHPP site is Numkereo. There are five primary schools in the area and each village has an elementary school. The only high school located in the area is Asitavi High School. For secondary schools, students would have to travel to the provincial centre, uka. 51. There are three vocational schools in the North ougainville istrict and APs have access to these schools. There is only one aid post located in the area and it is in Selau Village. There however are 5 health centers located in the North ougainville area and of which the villagers have access to as they are located along the main highway. The area also has several road side markets where women often sell vegetables to the travelling public. Apart from APs from Numkerio, all have access to travel to Kokopau and then onto uka town to sell their produces. 52. Energy Use: All households at RHPP site use wood for cooking and kerosene lanterns for lighting. All firewood is collected from the forest near the village. All the households reported spending about K20 per week on kerosene for lighting. For APs along TL they also use firewood for fuel and about 5% use diesel powered generators for electricity. They however reported that the use of diesel generators were very costly as they spent about K20 per day for diesel. 18

21 iii. Project s impact on APs and Vulnerability of APs 53. There is no significant risk of landlessness, loss of home, and/or loss of major employment or income source. However, 40% of affected families are likely to lose portion of food gardens, another 20% APs losing portion of cocoa and coconut plantations. These lost portions however, will be less than 10% of their total income generating assets. 54. Most APs view the loss of land as manageable due to availability of other pieces of lands that would allow for starting new gardens or plantations for food or income. uring the socioeconomic survey 100% of the interviewed landowners/aps said that they will have enough land even after the sale and they agree to sell the land to the government for the hydro project. They do not expect that their food source will be adversely affected. In terms of adverse impact on family income due to loss of small size of the food gardens, it is expected to be very insignificant. APs want cash compensation for the affected land and assets as well as power connection. It is seen as useful for family needs such as school fees and capital investment for current or future economic initiatives. 55. There is no expected negative impact on the social structure of the AP and the beneficiary communities since land acquisition will not require displacement. There is no expected adverse impact on cultural identities or heritage of the affected people resulting from land acquisition. iv. Gender and Resettlement Impacts 56. The AR is one of the regions in PNG that have a matriarchal system therefore land is inherited through females. That is, a man has ownership of land through his wife or mother. However, men are still considered head of households and are more likely to dominate membership of village based organizations. There however are female chiefs in villagers and they can be relied upon to bring the female perspectives in meetings or consultations held in villages. ue to the close linkages between clans, all women are able to receive support from members of their clans and therefore, would not be disadvantaged by the loss of their high value trees or land to the hydropower and TL project. 57. Women at the project area, mostly through the female chiefs, voiced support for the hydropower projects. PPL officers also encouraged other women to participate in the discussions by calling for voices of women to be heard during the consultations. The PPL Lands officers also used the household census as an opportunity to further inform women about the project and to answer any questions that they may have had. 19

22 E. INFORMATION ISCLOSURE, CONSULTATIONS AN PARTICIPATION i. Project Stakeholders 58. The primary stakeholders of this sub-project are the landowners and users of land (the Catholic Church, schools and a plantation) whose land will be acquired for the hydropower plant and the transmission lines and other land in the easement that will be subject to restricted land use. 59. Other stakeholders are the local, district, provincial and national governments, PPL which is the primary investor, and civil society groups. The interest of the GoPNG and elected representatives is the timely implementation of this subproject without land acquisition issues. The non-transparent calculation of replacement cost for the payment of compensation to all APs has been a major issue on many investment projects in PNG. However, PPL while as a business entity expects to receive an adequate return on its investment is also mindful of the fact that when acquiring land for energy investments compensation at replacement costs must be provided to APs. PPL is very interested in following good practice and eschews some of the less than satisfactory practices evident elsewhere in PNG. Whereas the interests of the civil society groups while broadly developmental in nature are also to ensure that safeguard policy and procedures are carried out as transparently as possible and APs are not disadvantaged as a result of the land acquisition processes. ii. Consultation and Participation Mechanisms 60. A variety of consultation and participation mechanisms have been utilized to prepare this LARP. Village based consultation meetings involving both women and men from all clans living in the village were facilitated by TIEP. Transportation was also provided to the location of the meetings by PPL for vulnerable groups such as the aged, infirmed and physically challenged people so that they were able to attend these meetings. A total of six consultation meetings were held in six different sites. These sites were the Sorom Primary School, Hantoa Primary School, Siara Primary School, Tsunpets Primary School, Namkerio Village and the Tinputz istrict Office. 61. Appendix six provides the master list of all APs from all the subproject sites. APs have agreed and signed agreement documents provided by PPL that their assets (planted trees and crops) would be removed during the Ramazon HPP construction and operation. 62. The sub-project was introduced to meeting participants, the probable positive and possible negative impacts explained, and land acquisition and other resettlement-based issues introduced. Participants at the meeting used the opportunity to discuss among themselves and with the PPL Land Officers. The Resettlement Specialist also used this opportunity to facilitate capacity building of PPL staff. The International Gender and Community evelopment Specialist also held community consultations with the aim of drawing out the women to voice their opinions. Prior to these consultations, a census of the people living in the villages and a listing of property owned on the project site were carried out during the period of the 20 th of April to the 7 th of May These activities provided ample time for the PPL team to interact with the villagers and to answer questions about the project that the villagers raised during the different consultations. 63. An important participation mechanism was to ensure consultations were undertaken at venues and times that would not disadvantage women. Separate FGs were facilitated with women to ensure they understood the nature of the land acquisition processes. 20

23 iii. Activities Undertaken to isseminate Project and Resettlement Information PPL has consulted APs and other stakeholders during project preparation utilizing the following activities: Community-based consultations Facilitation of meetings with APs Facilitation of FG with women APs Socio-economic Survey of women, men and youths APs Inventory of Loss etailed Measurement Survey Public isclosure of the LARP. etails of these key activities are included in Table 8. Table 8: Key issemination and Land Acquisition Information Activities Total Number of Participants (females in the bracket) 515 (127 Females) 515 is the total number of affected households and therefore the number of individuals that were interviewed. Period of Activities 28 th April to 7 th May 2013 Household visits to carry out the census. Nature of Activities Census of APs Outcomes of Activities Stakeholders in subproject area made aware of Project and Updated atabase on APs 38 (5 females) 38 (16 females) 94 (33 females) 45 (5 females) 37 (15 females) 28 (14 females) 02/05/13 to 01/07/13 On average, two days were spent per village collecting data for the census and property listing. FG were also conducted during this time 7 th to 12 th September 2013 PPL Team visited 6 locations Securing MOU from Landowning Clans isclosure of LARP for Ramazon HHP to APs Agreement reached to alienate customary land PPL was able to conclude that there were no severely affected persons. Stakeholders in subproject area made aware of Project 21

24 iv. Results of Consultations with Affected Peoples 64. Most people consulted and surveyed at the village level are strongly supportive of the subproject because they are very interested in seeing improved energy connectivity. Some even asked their fellow villagers to assist PPL in bringing electricity to their area and not to demand for compensation or to restrict work related to the hydropower project if they were unhappy due to reasons related to compensation. Women who spoke during the consultations expressed gratitude to PPL. However, there are important concerns that APs raised: 65. Female APs expressed concern that women should be allowed to participate equally as men therefore, be employed by the project as well. PPL has made it quite clear that women APs along with men APs will be accorded priority in employment where possible and the contractor will also be encouraged to provide relevant training. It was explained by PPL that there are some highly specialized tasks associated with the stringing of conductor cables and only qualified technical personnel are capable of undertaking this. There are other tasks such as for clearing trees and this will involve APs. 66. Concern was raised by the people as to whether the upgrading of the access road would affect the water sources and whether a new water sources will be made available if their current water sources were destroyed. The PPL Environmental Officer answered that the access roads were not close to the water source. She also added that any discussions regarding water supply for the villagers will be held later with the villagers by Community evelopment Officers. 67. Villagers were also concerned that they might have similar issues in the future as those raised by the landowners of the Sirinumu am, outside Port Moresby. PPL Officers assured them that they would not have similar problems as the Sirinumu landowners unfortunately did not have similar consultations as the dam was built prior to the 1970s. 68. Some people were fearful of being electrocuted and the PPL officers assured them that PPL would carry out safety awareness for the villages prior to the completion of the hydropower project. 69. People were also fearful of contracting HIV from the workforce that were coming into the area, but were assured by the PPL team that mitigation measures will be carried out by PPL to ensure that people are aware of how to protect themselves. 22

25 F. ISCLOSURE OF THE LAN ACQUISITION/RESETTLEMENT PLAN 70. A draft LARP has been disclosed to APs at each of the three section sites in consultations lasting one day at each site from Saturday 7 th September to Thursday 12 th September 2013 and suggestions made as a result of these consultations have been included in this LARP. 71. To assist all APs a document referred to as isclosure of Information to Affected People on Land Acquisition (a copy of which is included as an attachment to the LARP) was made available to all APs in Tok Pisin prior to the consultation meetings. The full LARP that will include the names of all APs and the compensation they are entitled to will be made available in English, the official language in PNG, in accessible public locations. Also each AP will be provided with a summary brochure in Tok Pisin once the A approves the LARP. The draft LARP has been uploaded to the PPL website ( On approval by the A the LARP will be uploaded to A website ( as well as PPL website. i. Planned Information isclosure Measures during Project Implementation 72. It is not anticipated that any delay in the sub-project implementation will require a major updating of the LARP. However, it is anticipated that any delay in the implementation of the sub - project would mean that the costs of the land acquired and the assets would increase, therefore the section in the LARP that relates to the compensation of land and property owners will be updated by PPL to ensure that APs are paid fair compensation. PPL will ensure that APs are informed of any changes to the LARP as well as about detailed arrangements (dates, etc.) on compensation payment and other activities for LARP implementation. The contractor will be asked to develop and implement a communication plan to inform APs about potential employment opportunities in sub - project construction and other relevant issues. 23

26 G. GRIEVANCE RERESS MECHANISM 73. PPL has established a grievance redress mechanism to receive and address Project related concerns and to resolve land related disputes that may arise during Project implementation. PPL has informed APs about the process involved in the grievance redress mechanism (Annex V). With regard to land disputes, the Land isputes Settlement Act 2000 allows this dispute to be legally contested in a court of law. PPL also anticipates that most grievances related to compensation will be resolved through traditional mediation processes. 74. The Project in collaboration with the AR Provincial Lands Officer, who may be assisted by istrict Land Officers and elected LLG representatives, has a process in place to resolve disputes and grievances based on the accepted procedures of mediation. As required traditional clan leaders and other appointed leaders will facilitate processes to ensure a satisfactory resolution of issues at the local level. The latter are more important for nonindigenous APs. 75. In general it is anticipated that customary mediation will yield satisfactory results although every attempt will be made to ensure that women APs and non-indigenous APs, irrespective of traditional constraints, will be included and not excluded from the mediation processes outlined here. However, it also needs to be noted that this process varies from clan to clan and PPL will ensure that irrespective of these differences women APs concerns will be fully addressed. 76. Affected People can first lodge a project-related complaint with the ward councillor and resolve at the village level. If it cannot be resolved then it goes to PMU office at the sub - project site. The PMU project manager will consider the complaint and within one week will convey a decision to the APs. The safeguard staff as well as local government officials will assist the project manager in reviewing and addressing the complaint. The safeguard team will also facilitate communication between APs and the PMU in this process. If the APs are not satisfied with the PMU s decision, they may then take the grievance to the CEO of PPL. The CEO has two weeks to consider the complaint and following this (s) he will either instruct the PMU to rectify the situation or dismiss the complaint. 77. If APs are not satisfied with the decision of the CEO or at any other times, they may take the grievance to the PNG judicial system. 78. If the grievance is to be taken to the PNG judicial system as per the Land isputes Settlement Act 2000 the following three steps will be adhered to: Local Land Court: the case is heard before the Local Court Magistrate for determination. If the litigants are not successful, they may appeal to a higher court. istrict Land Court: the case is heard before a istrict land Court Magistrate. If the litigants are not successful, they may appear to a higher court. Provincial Land Court: the case is heard before the Provincial Land Court whose decision is final. 79. It needs to be noted that if recourse to the PNG judicial system is necessary because of the failure of all other means of grievance redress and the courts at any stage find in favor of the litigants all costs associated with this form of dispute resolution will need to be paid by the Project In the event of grievances that cannot be resolved through legal redress, PPL and LO will hold the compensation amounts in escrow. Compensation will be paid in full upon final resolution of the case via other forums in accordance with the entitlements of the affected persons.

27 H. LEGAL AN POLICY FRAMEWORK i. National and Local Laws and A Policy Requirements 81. The project s policy framework and resettlement entitlements are based on the laws and regulations of the GoPNG and the A s safeguard policy. The principal PNG laws include: (i) National Constitution, (ii) the 1996 Land Act, and, (iii) the 2000 Land isputes Settlement Act. Relevant A policies include the 2009 Safeguard Policy Statement (SPS) and the Gender and evelopment Policy and Public Communication Policy GoPNG does not have any specific policies at the national, provincial or local level for relocating and resettling people. GoPNG has policies related to the acquisition of land and assets by the State for public purposes on an agreement basis or compulsory acquisition basis. 83. The PNG Constitution adopts the customary law as part of the underlying law of the country and recognizes the property rights attached to customary land. The Constitution guarantees the right of the citizens to protection from unjust deprivation of property. No land or interest in land may be acquired compulsorily by the government except as it is required for public purposes or other justifiable reasons. In the event of expropriation of land, just compensation must be made by the expropriating authority. 84. The Land Act (1996) sets out the procedures for the government to acquire land required for public purposes. The key provisions of the Act are (i) the government may acquire land, including improvements on land, through agreement or compulsory acquisition; (ii) in case of negotiated purchase, the government and customary owners mutually agree terms and conditions; (iii) in case of compulsory acquisition, several steps are followed including: initial investigation, notice of acquisition, negotiation of compensation with the landowner, payment of compensation, notice of acquisition, and registration of land for state ownership; and (iv) compensation for compulsory purchase includes value of land and any damage. 85. The Land Act covers customary land rights, which includes land owned, used or occupied by a person or community in accordance with current customary usage. Access to land and resources is embedded in social relationships and expressed as customary land rights to utilize resources. Small clan-based groups live in the villages, managing their own resources, and exercising the right to utilize them. These groups (clans which are composed of subclans, lineage groups, and at the lowest level extended households) are typically made up of primary right holders, these persons are using known as the leaders of the group who collectively have the authority to allocate use rights through their spokesperson. The other members of these groups or clans typically possesses secondary rights because their rights to the land may have been inherited from a primary rights holder through marriage, that is they are either married to a primary right holder or as a child or an adopted child of the primary rights holder. 86. The Land isputes Settlement Act (2000) sets out the procedures for resolution of disputes involving customary land. The Act provides for a land disputes committee at provincial level and land courts at local, district and provincial levels. The committee can appoint land mediators. The Act promotes resolution of disputes through mediation based on the principles of traditional dispute settlement. If mediation fails, it is followed by appeal to the courts. 25

28 87. A s SPS requires A-assisted projects to (i) avoid involuntary resettlement impacts wherever possible; (ii) minimize such impacts by exploring alternatives; (iii) enhance, or at least restore, the living standards of APs in real terms relative to pre-project levels; and (iv) improve the living standards of the poor and other vulnerable groups. It covers both physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of involuntary land acquisition or restriction on land use, or on access to parks and protected areas. 88. The A s SPS also states that where there are indigenous peoples their identity, dignity, human rights, livelihood systems, and cultural uniqueness must be safeguarded so they can receive culturally appropriate social and economic benefits. In the project area, all APs whether they are customary land owners or settlers are indigenous citizens of PNG even though the settlers have originated from other regions of PNG. Hence, they will be accorded equal compensation and also to be able to access electricity as a benefit of the project. 89. The other policy of relevance to this project is the A s Policy on Gender and evelopment, which requires that all A financed projects ensure where possible and practicable special design features and strategies will be built into projects to facilitate and encourage women s involvement and ensure tangible benefits for women. 90. A SPS principles and PNG laws on land acquisition and resettlement relevant to the project are summarized in Table 9. The table also includes gap filling measures. Table 9: Comparison of GoPNG Law and A SPS and Gap-Filling Measures A SPS Principles on Land Acquisition/ Resettlement PNG Laws on Land Acquisition Gaps Measures to Comply with A SPS Avoid involuntary resettlement wherever possible. Minimize involuntary resettlement by exploring project and design alternatives. Enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels. Improve the standards of living of the displaced poor and other vulnerable groups. The National Constitution (NC) Section 53 protects citizens from unjust deprivation of property by limiting the justification for compulsory acquisition by the State. General principles of compensation for damage or destruction of physical and economic assets are set out in NC s.53, Land Act (LA) s.23. No explicit reference to the need for avoidance or minimizing resettlement impacts. PNG Laws do not prescribe measures of replacement cost or restore/improve standard of living. The LARP has adopted measures on avoiding/minimizing land acquisition. The LARP includes measures on compensation at replacement cost and to restore/improve living standard of APs. The project relies on APs using their compensation payments to restore their own livelihoods because the impacts are relatively insignificant. 26

29 A SPS Principles on Land Acquisition/ Resettlement Screen the Project early on to identify past, present, and future involuntary resettlement impacts and risks. Carry out meaningful consultations with affected persons, host communities, and concerned nongovernmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. PNG Laws on Land Acquisition LA sets out the process for Land Investigation Report which includes identification of affected clans/tribes and their assets. NC National Goal 2(9) calls for every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community. Land isputes Settlement Act provides for measures on resolution of disputes and grievances through both local mediation as well as court process. Gaps No specific requirements for census, cut-off date, impact assessment and resettlement planning No specific provisions for preparing and implementing RP based on meaningful consultations with APs No requirements for a project-specific grievance redress mechanism. No specific requirement for a social preparation phase for highly complex and sensitive projects. Measures to Comply with A SPS The LARP is based on survey/census, cut-offdate, and assessment of impacts. This LARP addresses this policy principle. Several rounds of consultations have been facilitated with APs. Their ideas on project design, especially to minimize the loss of productive assets have been taken into serious consideration by PPL. A grievance redress mechanism has been prepared by PPL and incorporated in this LARP to ensure APs can seek effective redress. The project is not highly complex and sensitive. 27

30 A SPS Principles on Land Acquisition/ Resettlement Improve or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are landbased where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (ii) prompt replacement of assets with access to assets of equal or higher value; (iii) prompt compensation at full replacement cost for assets that cannot be restored; and, (iv) additional revenues and services through benefit sharing schemes where possible. PNG Laws on Land Acquisition Principles of compensation set out in NC s.53, LA s.23. Gaps No specific requirement for landbased resettlement, replacement of assets, compensation at replacement cost, and benefits sharing. Measures to Comply with A SPS The LARP includes the provision of prompt payment of compensation at full replacement cost. PPL has worked very closely with APs and other experts to ensure the process has been transparent and fair to all APs. PPL via the associated project (Improved Energy Access for Rural Communities) will ensure all APs will be connected to the grid and APs get some waged employment opportunities. Provide physically and displaced persons with needed assistance, including the following: (i) secure land use tenure on land identified for new garden sites and (ii) if necessary transitional support and development assistance such as land development, credit facilities, training, or employment opportunities. PNG allow people eligible for compensation to receive their entitlements in cash. PNG laws have no specific provisions on relocation, transitional support and civil infrastructure and services. The LARP includes measures on relocation assistance for physically displaced household. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards and provide access to land and other resources that is both legal and affordable. NC and LA include general principles of compensation for damages or losses. PNG Laws do not prescribe measures on improvement of living standard and restoration of livelihoods. The LARP will include measures on assistance to poor and vulnerable APs. 28

31 A SPS Principles on Land Acquisition/ Resettlement evelop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. PNG Laws on Land Acquisition NC National Goal 2(9) calls for every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community. Gaps PNG Laws do not specifically require third-party verification of negotiated agreement. Measures to Comply with A SPS The LARP has been prepared for permanent acquisition of land for project infrastructures. PPL has conducted negotiations with APs as part of this process. Contractors will negotiate with landowners for any temporary land use. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation of loss of non-land assets. Prepare a draft resettlement plan and disclose a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and timebound implementation schedule. LA sets out procedures for outright purchase or lease. LA s provides some entitlement to compensation to any people with an interest in land over which the State exercises its power of compulsory acquisition. NC National Goal 2(3) calls for every effort to be made to achieve an equitable distribution of incomes and other benefits of development among individuals and throughout the various parts of the country. PNG Laws do not provide entitlement to non-titleholders who do not have legal interest on land. PNG Laws have no provision of preparing RP. Some APs do not have legal rights to land but PPL will compensate them for the loss of trees, vegetation and crops of economic value. This has been complied with by PPL as per this LARP. isclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. isclose the final resettlement plan and NC National Goal 2(9) calls for every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community. No specific requirements on disclosures. The draft LARP has been disclosed. The final LARP will be also disclosed. 29

32 A SPS Principles on Land Acquisition/ Resettlement its updates to affected persons and other stakeholders. PNG Laws on Land Acquisition Gaps Measures to Comply with A SPS Conceive and execute involuntary resettlement as part of a development project or programme. Include the full costs of resettlement in the presentation of project s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a standalone operation. Pay compensation and provide other resettlement entitlements before physical or economic displacement and implement the resettlement plan under close supervision throughout project implementation. No equivalent provision No equivalent provision Gap. Gap. Land acquisition/ resettlement costs will be included and financed out of the project cost. This will be complied with by PPL as per this LARP Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring and disclose these monitoring results. No equivalent provision Gap. Relevant outcomes as per the LARP will be monitored by PPL. Independent monitors will be engated (to be paid by PPL) if there are major issues or significant land acquisition impacts. 30

33 91. There are some gaps between GoPNG laws and SPS of the A, and gap filling measures have been included in the LARP. The main gaps and gap-filling measures relate to (i) carrying out meaningful consultations that also ensure vulnerable groups such as people living below the poverty line, the landless, elderly, women and children are consulted; (ii) requirement to improve or at least restore livelihoods of all displaced persons by ensuring the full replacement costs for assets lost is paid;; (iii) ensuring that displaced persons without recognizable rights to land are eligible for compensation for loss of non-land assets; and, (iv) monitoring and assessment of resettlement outcomes. ii. Resettlement Policy Principles for the Project 92. PPL as the IA that has prepared this LARP unequivocally states that it will abide by national and local laws applicable to resettlement and the policy requirements of the A. Specifically PPL states that it will ensure affected landowners/aps will be paid fair compensation for land and other productive assets acquired at agreed upon replacement cost, be responsive to grievance processes and act in an accountable and transparent manner, and will ensure that women will also be entitled to benefit during the resettlement processes. The principles on land acquisition, compensation and resettlement that PPL has adopted for this subproject in the Autonomous Region of ougainville include: I. Land acquisition and resettlement will be minimized through careful engineering design. In particular, there will be very little or no displacement of people. II. III. IV. APs will be consulted during the project cycle. This LARP has been updated with full participation of the APs. Effective mechanisms have been established for hearing and resolving grievances. APs will receive compensation at replacement cost for their loss of assets and this should ensure they will be as well off if not better off than if the Project did not proceed. All compensation will be fully paid to APs prior to the commencement of site clearance. V. Absence of formal title is not a barrier to compensation and assistance and particular attention will be paid to women and other vulnerable people. VI. Land acquisition via a PPL prepared eed of Release is part of the Project. Costs related to this will be included in and financed out of the Project cost as part of the overall investment made by PPL. VII. The impacts of the hydro project and TL, including unforeseen losses and damages that may occur during construction and TL stringing will be carefully monitored and remedial steps taken as required. 31 iii. Principles and Methodologies for etermining Valuations and Compensation Rates 93. PPL recognizes that affected landowners and land-users are entitled to provide an estimate of the value of their land that will be acquired and other productive assets that will be lost because of the Project requirements. This is because market conditions for the replacement of land are largely absent. PPL requested the Valuer-General to provide a valuation of land costs and other productive assets based on accepted replacement costs, which would need to include (i) adequate information about any recent land transactions; (ii) land value by types; (iii) cropping patterns and crop production; and, (iv) availability of land in the Project

34 areas. Compensation payable would have been based on recent market values not the prevailing 2008 replacement cost schedule of the Valuer-General. 94. However, the Valuer-General declined to provide this service arguing it only provides such services to public sector entities. Thus PPL decided to apply best practice principles and methodologies for determining valuations and compensation rates. Annex I provides the report of the survey. iv. Replacement Cost Compensation Survey agreed by APs 95. The PPL lands team has undertaken a Replacement Cost Survey for compensation assessment as A SPS requires compensation at replacement cost. This will ensure that landowning communities or APs around the sub - project areas are fully compensated for the damages that the sub - project has caused on them and will ensure the smooth running of the sub - project construction and operation. 96. To avoid potential land compensation disputes, PPL is working closely with the APs from each of the sub - project areas of Ramazon HPP so that they are fully compensated based on fair and just terms and requirements of both PPL and A. 97. The Replacement cost of the income-generating trees and commercial crops has been assessed and valued using the replacement cost value with the productive life span of the particular plant. See Annex I for the Replacement Cost Schedule. v. escription of Land Acquisition Process 98. ased on the 1996 Land Act PPL in the Autonomous Region of ougainville has applied or will apply the following procedures when acquiring portions of land from customary landholders: 99. The first step would be to survey the land. PPL hired surveyors to determine boundaries, location, size and area of the land to be acquired in accordance with the detailed design of the Hydro project and the TL The state is then notified of why the land had been surveyed. PPL notified the Office of the President of the Autonomous Region of ougainville of its intention to proceed with investigations for land acquisition Community consultations are carried out and information gathered is compiled into a Land Investigation Report (LIR). PPL has prepared a LIR including ownership genealogy, rights and interests held in the land, and, estimated value of improvements to land in consultation with the landowners, other relevant government offices and the private sector (the Catholic Church, small business owners and the onus Plantation) As part of formalities, the state, in this case, the provincial government is informed about the outcome of the community consultations and meetings. The LIR has been submitted to the Office of the President in the Autonomous Region of ougainville for its recommendation for the surveyed land to be alienated. The OPA will prepare a certificate of alienability confirming that there is no impediment to land acquisition. 32

35 104. Unlike other LIRs this LIR was not sent to the Valuer-General because the latter would not make a commitment to approve valuation of assets to be acquired and as pointed out elsewhere in this LARP it was decided by PPL to undertake its own valuation and secure the assent of APs Once feedback is received from the President s Office, paper work needed to acquire the land begins. PPL will receive the valuation report and certificate of alienability, raises checks and prepare purchase documents. The signed documents are sent to the Office of the President in AR for its concurrence although PPL is responsible for payment The final step towards acquiring the land is negotiating with the communities on the price of the land that will be acquired. PPL makes the offer to the landowners. The forms are executed and money is handed over in accordance with the requirements of the landowners. GoPNG may assist with this process should landowners reject the PPL offer. 33

36 I. ENTITLEMENTS, ASSISTANCE AN ENEFITS i. Affected Person s Entitlements and Eligibility 107. PPL has consulted with the affected clans and undertaken a detailed land survey and investigation of actual land ownership in coordination with the istrict Land Officers (LOs). LOs were to collect relevant information. The land investigation report prepared in conjunction with the PPL Lands Officer that were submitted to PPL on the 23 rd September 2013 is the cut-off dates for eligibility for compensation and any rehabilitation assistance Persons that are not covered in the census, which is included in the LIR are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the IOL; or (ii) they have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (MS). Any person or group that occupies or uses the land identified for the Project after the cut-off date will not be eligible for any compensation and/or assistance. They will be required to move from the land as per the provisions of the Land Act. I cards for adult APs based on full census undertaken by PPL have been issued to all adult APs and will be used to identify APs when payment of compensation monies is made by PPL Landowners and land users should be able to show either documented claims to the affected land or are able to demonstrate that this land belongs to them. Unless this is deemed satisfactory by LO, this claim will be rejected Landowners and land users who have satisfied the LO that they either have documented claims to the affected land and/or other productive assets or through the LO investigation can demonstrate that they are the rightful owners or users will receive compensation for land acquired by the Project. Those APs who cannot satisfy the LO that they are the rightful users but are using the land anyway will receive compensation for productive assets attached to the land and other assistance as required Eligibility and entitlement for compensation and other assistance is summarized in Table 10: Entitlement Matrix. Table 10: Entitlement Matrix Type of Impact Permanent acquisition of land. Temporary use of land. Loss of structures Loss of crops and trees Entitled Person (s) Legal owner(s), including customary landowners Informal settlers (e.g. on land acquired as part of ROW) with no legalized rights Legal owner(s) of land, including customary landowners All APs irrespective of their legal status All APs irrespective of their legal status Entitlements Landowners will be provided equivalent size and quality of land, or cash compensation at replacement cost. APs will be provided compensation only for their damaged crops, trees, and structures on projectaffected land Landowners will be paid rent on terms negotiated between them and the contractor. Compensation at replacement cost and relocation assistance. APs will be given notice to harvest crops and trees before site clearance or removal from required land. If APs are not able to harvest, they will be paid cash compensation at replacement cost. In case of perennial crops and trees, the compensation will also include loss of income for 34

37 Type of Impact Loss of Livelihoods Entitled Person (s) Vulnerable households identified by social assessment. Entitlements a period until new crops or trees produce an equivalent income. Vulnerable households that have been identified will receive priority employment for project construction and maintenance work. Unforeseen or unintended impacts Concerned affected persons These will be determined as per the principles of this LARP and A s Safeguard Policy It should be noted that the Entitlement Matrix attached as an Appendix to this LARP also includes health and employment impacts. These impacts are inter-connected with the EMP and were included as part of the disclosure of information to APs on Land Acquisition. ii. iii. Assistance to Vulnerable Groups 113. This report identifies that there are a significant number of female headed households in the project area. As previous identified in this report, there are 3 female headed households in the hydropower project area, and there are 49 female headed households in the area required for the TL. One contributing factor may be due to deaths of male heads of families during the ten year ougainville conflict. The AR is said to have a matriarchal system of kinship, unlike some other areas of PNG, therefore there may be chances of such household are less likely to be vulnerable. However, to counter any problems that are likely to arise, the LARP requires that the successful contractor must undertake to employ at least one member from such AP household on construction-related activities on a full-time basis. Households that are considered to be vulnerable will be given first preferences over those that are not considered to be vulnerable. This will be a requirement in the bidding documents for this Contract Package. Opportunities for Affected Persons to erive Appropriate evelopment enefits 114. There are a number of quantifiable and non-quantifiable development benefits for APs. enefits include: 115. Employment opportunities: APs engaged by the contractors could receive a stable waged income over 18 months This could be an opportunity for APs to acquire some non-agricultural skills without having to leave the local community Equal opportunities for Women: Women will be offered the same types of employmentbased opportunities as men. They will also be able to actively participate alongside men in other land acquisition-based activities. Such involvement of women could indirectly impact upon the structures of male domination in traditional PNG society Social risks associated with HIV and AIS and other STIs will be mitigated to a large extent by employing as many local people on hydro project construction activities. People will also benefit from the training and awareness on protecting themselves from HIV and AIS that PPL will carry out in the area There will be opportunities to earn money from providing a range of goods and services to outside construction workers The long term benefit of the hydro project is that the people will have access to enhanced energy connectivity, hence their ability to have improved market links and access to a wider range of goods and services.

38 J. RELOCATION OF PHYSICAL STRUCTURES 121. One house would need to be relocated about 200 meters from its current site. The owners have agreed to relocate their house. An elementary school will also need to relocate one of its classrooms; a trade store would also need to be relocated. A small business that sells fuel to vehicles would also need to relocate the building where they house their fuel. Four schools would also have to relocate their signboards and their school fences. All APs have agreed that having access to electricity is essential and therefore are willing to relocate these structures. PPL will provide relocation assistance as well as compensation at replacement cost for all APs. K. INCOME RESTORATION & REHAILITATION i. Possible Livelihood Risks 122. The possible livelihood risks relate to the reliance of the AR on plantation agriculture. emand for copra and cocoa has reduced and this has forced producers to lower prices. This trend looks to continue for the foreseeable future. However, this possible livelihood risk is not directly related to the Project and indeed with compensation money paid for cleared cocoa trees, etc. APs will have the opportunity to diversify investment into other alternative livelihood-based activities. ii. Income Restoration and enefit Sharing Program 123. There are no APs requiring income restoration. At the sub - project site the APs will be compensated fairly for the acquirement of Land and loss of tree crops, etc.. Other than that, they have other land areas to sustain their livelihood. Along TL corridor, all who lose crops and infrastructure will be compensated accordingly The following benefits will be provided by PPL to APs: (i) provision of free initial power supply connection kit and cost of connection from residence to the service line; (ii) provision of village water supply; (iii) skills training particularly for women; and (iv) priority employment in project jobs. Female-headed households will get priority in these activities. iii. Special Measures to Support Vulnerable Groups 125. Women APs want to ensure that their safety and security are not compromised any more than they are at present, although all women APs who participated in consultations during field-based resettlement planning argued an influx of outside labor posed more of a threat to their safety and security than exist at present from clan and non-clan males. As stated elsewhere in this LARP the EMP contains measures to mitigate such social risks One member from each female headed and vulnerable AP household will be provided employment during construction. iv. Specific Gender Considerations 36

39 127. PPL recognizes that specific gender considerations apply to all energy projects it executes and manages. The measures proposed in this LARP to enhance the positive impact of the Project on women APs and other women living in the Project area are as follows: Iterative consultations with women at all stages of the Project cycle and importantly in the preparation of the LARP. Facilitating processes whereby women APs can lodge grievances with PPL and ultimately A if they are dissatisfied with any aspects of the LARP. Ensuring that women APs are offered priority wage employment on the Project and are afforded equal pay and on-the-job training opportunities. Addressing concerns women APs might have with safety and security issues in contexts where they have to relocate their gardening activities. Ensuring that socio-economic data is gender disaggregated to analyze impacts at the intra-household and inter-household level. v. Training Programs 128. APs that will be offered priority employment on the Project will be provided with on-the-job training by the contractor as part of her/his condition. Such training will include but not be restricted to activities such as concreting, welding, building and stringing TL cables taking into account occupational health and safety issues and the lack of real experience by most APs, especially women APs. The contractor will also be required to offer practical training in Hydro and TL maintenance to APs as PPL is considering the employment of local communities to undertake routine maintenance on PPL Hydro project assets. Such provisions will be incorporated into the bidding documents. 37

40 L. RESETTLEMENT UGET & FINANCING PLAN i. Itemized udget for Resettlement Activities 129. The budget for land acquisition activities has been determined through costs obtained from the replacement cost survey. The MOA between PPL and the Ramazon landowners has been finalized. It must be considered that this MOA is binding for the length of the MOA and PPL will entertain no further claims from the affected customary landowners who claim traditional riparian rights to this water body APs from all the project affected areas have signed agreements with PPL during the consultation disclosure of the LARP and have agreed that their planted valuable assets would be removed in response to the clearance operation of the Ramazon HPP (See Annex VI) As per Table the total estimate land acquisition budget is PGK 1,057, or US$ 419, (at mid-march 2014 exchange rates). Table 11: Estimated Land Acquisition udget Total land to be acquired ha consisting of: ha Customary Land ha Alienated Land/Freehold (IGL) ha- Transmission Line uka to Tearoki No of APs/HHs 2197 (Female:1068)/ 515 Estimated Value of Land to be Acquired Infrastructure (Houses, Trade Stores, Fences, etc) Copra and Cocoa Low Value Trees Trees of Commercial Value (Hardwood, etel nut, etc) Food Crops Total Compensation and Other Allowances Payable PGK596, 000 the value given is only for the customary land of ha for the Power Station site. Other project sites and access roads are in ha land in Portion 334 provided by IGL. PGK93,000 - See Table 12 for calculations PGK136, See Table 12 for calculations PGK57,600- See Table 13 for calculations PGK51,000- See Table 13 for calculations PGK68,770 - See Table 14 for calculations PGK406, (US145,296.73) Source: PPL Calculations (February 2014) Table 12: Calculation for Infrastructure, Copra and Cocoa 38

41 Infrastructure Copra & Cocoa Type Quantity Unit Unit Compensation Total cost Quantity (no.) Compensation Species cost (m 2 Estimated ) PGK PGK PGK PGK Trade Store , Copra , House , Cocoa , Fence , TOTAL COMPENSATION 93,000 TOTAL COMPENSATION 136, Table 13: Calculations for Low Value Trees and with Commercial Values Low Value trees (Other Trees) Trees of Commercial Value Species Unit Quantity Quantity Compensation Unit cost Compensation (m 2 cost Species (no.) ) PGK PGK Estimated PGK PGK Shade Wild Trees 192, ,600 ananas , Galip , Nipa Palm , Canoe Tree , etel Nut 1, , TOTAL COMPENSATION 57, TOTAL COMPENSATION 51, Table 14: Calculation for all Food Crops Food Crops Species Unit Quantity Compensation Quantity Unit cost Compensation (m 2 cost Species ) per (m 2 ) PGK PGK PGK PGK Sweet Potatoes 1, , Corn 1, , Pawpaw , Yam anana 1, , Greens 2, , Taro , Pumpkin (Vine) , COMPENSATION AMOUNT 53, TOTAL COMPENSATION 68, This budget exceeds PPL estimates by more than two-thirds because PPL based its preliminary estimates on the PPTA that was accepted by the A but unfortunately the PPTA Consultants at the time did not undertake a realistic valuation of higher value trees. 39

42 ii. Flow of Funds 133. Funds for land or other productive assets to be acquired are paid directly to APs by PPL. This will ensure considerably greater accountability and transparency than being disbursed by other means. Payment for temporary acquisition of land is made directly by the contractor to local APs based on an agreement between the two parties as to the actual amount. This will not involve the PPL or other parties unless APs are dissatisfied with the amounts offered by the contractor. iii. Justification for Calculating Compensation Rates and Other Cost Estimates 134. Compensation rates have been based on a replacement cost survey methodology prepared by PPL. PPL decided not to use the Valuer-General s methodology because it would have generated compensation rates unacceptable to APs. See Annex I. iv. Sources of Financing 135. PPL is financially responsible for all resettlement activities.. PPL has devoted so far a total of six (6) person months of its staff time to this specific subproject and it is estimated that during implementation another three (3) person months will be provided by PPL specifically earmarked for LARP implementation including monitoring. PPL will allocate sufficient budget for both direct compensation costs and staff resources for implementation and monitoring The contract signed between PPL and the Project Supervision Consultant includes four person months for the Resettlement Specialist of which four field visits totaling 20 person days has been spent in the actual Project area. 40

43 M. INSTITUTIONAL AGREEMENTS i. Responsibilities and Mechanisms for Carrying out LARP 137. PPL will be the Implementing Agency for this Project and it will delegate to PPL team in the AR to oversee day-to-day activities related to land acquisition and compensation. These activities include: Collaboration with and assistance to the istrict Land Officer to undertake their work to comply the Project s policies and A requirements. Provision of resources, including where necessary PPL expertise or contracted expertise, to carry out the Inventory of Loss (IOL) and etailed Measurement Survey (MS). Collaboration with and assistance to the Provincial Land Officer and/or istrict Land Officer for negotiations and agreements with affected landowners or land-users. Facilitation of consultations with affected communities and ensuring that all stakeholders are informed about the Project, its policies and procedures; ensure that all requirements concerning public disclosure of the provisions for land acquisition and compensation; and, overseeing and monitoring the grievance redress process. Reviewing and endorsing the draft LARP prior to submission to the A for approval, ensuring that all matters related to land acquisition and other forms of compensation are complete and correctly reported upon. Monitoring the process of allocation and disbursal of funds for compensation at both the national and provincial levels and ensure that funds are available and compensation is paid in a timely manner. Undertake all other activities including the monitoring of land acquisition and other productive assets activities The AR, including the PLO and LO will collaborate with PPL to plan, implement, and monitor land acquisition activities. The responsibilities include: Undertake cadastral surveys of land required permanently for the sub-project and estimate the area of land required for temporary acquisition by the sub-project. Negotiate and sign a Memorandum of Agreement for the acquisition/use of customary land with the clan leaders and affected landowners and/or land-users. Negotiate and sign leases for temporary use of land required for the three bridges although this might be varied by authorizing the successful contractor to undertake this activity. Consult with and advise affected communities about the Project, the policies and procedures when land is required and the rights and responsibilities of directly affected people and other indirectly affected peoples The AR is responsible to ensure that all PPL funds are allocated and disbursed to pay compensation. The payment of these funds will be made by PPL. Local Level Government and Ward Councilors will facilitate all consultations with local communities, affected people, and other stakeholders. They will be responsible for collaborating with PPL to organize and carry out these consultations. 41

44 ii. Institutional Capacity uilding Program 140. uring the PPTA it was concluded by PPL in Port Moresby that its staff who would be involved in implementing this LARP require more training in the A s social safeguard policies and procedures because this Project will be the first one to be implemented by PPL after the 2009 Safeguard Policy Statement became operational in January It is also considered necessary by PPL to review GoPNG policies and procedures for the acquisition of land and other forms of involuntary resettlement. Finally, while some PPL staff has limited training in survey tools and techniques that are necessary to prepare LARP it was assessed that there would still be considerable room for improvement A Lands Officer from PPL has been assigned within the PMU based in Port Moresby to implement the LARP. This Lands Officer will be supported on a day-to-day basis by the PPL Office in uka. It is the intention of PPL that the Lands Officer will be assigned to the Project area if and when required taking into account that all PPL Lands Officers are responsible for more than one investment program. The Project has also provided consultancy support via an International Resettlement Specialist to build capacity within PPL and local governments to prepare, implement, and monitor the LARP. iii. Role of Civil Society Groups 142. There are several civil society groups based in the AR. These organizations include the Oxfam, Care International and other local organizations. PPL intends to undertake the monitoring itself but if APs feel PPL is less than diligent the latter will invite one of these NGOs or if a similar NGO in the AR to participate in or undertake subsequent monitoring. iv. Involvement of Women s Groups in Resettlement Planning and Management 143. PPL is very mindful of the important role women who are affected by involuntary resettlement. ased on consultations during the preparation of this LARP, the LARP provides an assurance that women will not be disadvantaged. The principal source of disadvantage would be if women APs were not be either paid equally to men APs or not paid at all. PPL is relying on A Safeguard and Gender policies to ensure that local groups opposed to such a provision (e.g. some clan leaders) will not be able to prevent women APs being paid equally to men APs or to enjoy other benefits such as an opportunity to provide waged labor on the Project. 42

45 N. IMPLEMENTATION SCHEULE 144. The implementation schedule for to (i) update the LARP; (ii) implement the LARP; and, (iii) monitoring activities is as shown in Table 15. Table 15: Implementation Schedule Activities Schedule Finalization of LARP Confirm land requirements based on detailed technical design for Transmission Line Completed 3 Memorandum of Agreement (MOA) with landowners on use of land for Ramazon HPP Facility 3 Follow up consultations with affected communities and agreement on land use/acquisition. 5 Request Provincial Land Office to prepare LIR including valuation of land and improvement) 6 Submission to the Office of Provincial Affairs for Certificate of Alienability to be signed by the Secretary and Affected LLGs 8 PPL prepares the LARP in consultation with landowners, including agreement on compensation rates and discloses updated LARP Completed Completed through MOU & MOA Completed Completed Completed 9 PPL uploads the LARP to its website submits same for approval March 2015 and uploading on the A website 10 A issues no-objection to the RP March 2015 LARP Implementation 13 Payment of compensation and allowances by PPL to APs April PPL submits to A the Land Acquisition Completion Report May Award of civil works contract March Clearance of acquired land (both leased and owned) (contingent June 2015 on 100% of compensation and allowances being paid) 17 Commencement of civil works July Payment of adjusted compensation, as required, for unforeseen damages and losses August 2015 Monitoring Plan 19 PPL establishes AP socio-economic baseline Established in the LARP 20 PPL submits monitoring report to A on implementation of the Six-monthly LARP 21 PPL conducts post-land acquisition survey and final monitoring report ecember

46 O. MONITORING & REPORTING 145. PPL will monitor all activities associated with land acquisition and payment of compensation to APs. The scope of monitoring includes: (i) compliance with the agreed policies and procedures for land acquisition; (ii) prompt approval, allocation and disbursement of compensation payments to APs, including if necessary supplemental compensation for additional and/or unforeseen losses; and, (iii) remedial actions, as required The monitoring will also cover the social impacts of the subproject and whether APs are able to restore, and preferably improve, their pre-project living standards, incomes, and productive capacity. A monitoring and evaluation program utilizing the following indicators has been developed on the understanding it can be subject to change, including suggestions by APs of what they consider of more relevant to their livelihoods than are considered relevant by other stakeholders. These monitoring and evaluation indicators are listed in Table 16. Table 16: Monitoring and Evaluation Indicators Type of Indicator Indicator Examples of Variables Staffing Process Indicators Consultation, Participation, and Grievance Resolution Procedures in Operation No of PMU staff by job function Engagement of Safeguards Staff and training No of other agency officials available for tasks No of consultation and participation programs held with various stakeholders No of field visits by PMU Staff No of civil society groups participating in Project Effectiveness of compensation/assistance delivery system/grievance redress Coordination between PMU and GoPNG agencies, project supervision consultants, and civil society groups 44 Output Indicators Impact Indicators Households Structures Economic Trees and Crops Assistance to Ps Household Earning Capacity Special Assistance to Women No of households affected No of households receiving agreed compensation for trees and crops No of households that have participated in income restoration No of special assistance programs to vulnerable households Employment status of households having a formal job Employment status of households being self-employed No of households receiving income enhancement skills training Number of women engaged as waged workers by the Project Type of Project-related skills women received training in Average wage of women employed on Project compared to that of men Increase in market-based incomes of women traders

47 Type of Indicator Indicator Examples of Variables Other Livelihood Indicators Increase in ownership of household assets Increased access to schooling and health services Increase in visits by GoPNG service providers 147. PPL will prepare and submit semi-annual safeguards monitoring reports to A as part of project performance monitoring. PPL will also submit a sub project land acquisition completion report to A when compensation has been paid PPL is committed to ensuring best practices in accountability and transparency during the implementation of this Project but as stated elsewhere in this LARP if aggrieved APs are very dissatisfied with the monitoring processes and outcomes undertaken by PPL it will appoint an external monitoring agency to assuage APs concerns. 45

48 P. ANNEXES Annex I: Replacement Cost Item Annex II: Project Information ulletin Annex III: Consultation Notices Annex IV: Meeting Minutes Annex V: Grievances Mechanism Flow Chart Annex VI: Master List Annex VII: MOA between IGL and AG Annex VIII: MOA between PPL, AG and LO Annex IX: Clarification letter on MOA regarding IGL 46

49 Annex I: Replacement Cost Survey The Valuer-General tree compensation schedule dated 2008 could not update replacement costs for other trees and food crops so PPL decided in consultation with APs to triple the rates that the Valuer-General values. It has been concluded that the Valuer-General in 2008 was not very robust with the valuation of productive assets but PPL has adopted the principle and practice for this Project that if APs agree in consultations facilitated by PPL and demonstrate their assent by signing the agreements prepared by PPL than this will suffice. PPL has been very careful in explaining this principle to APs because it takes the principle of fair and transparent valuation of affected productive assets very seriously. The unit replacement cost for other productive assets is listed as per the following table: Type of Productive Asset Affected by Project, Per Unit Valuer-General s Assessment (2008), PGK PPL Replacement Cost Unit, PGK Paw Paw anana Laulau Rambutan 7 21 Soursop Talis Orange Mango Noni Guava readfruit Pomolo Five Star Fruit Pau 3 9 Okari Lime 8 24 Coconut Cocoa etel Nut

50 Type of Productive Asset Affected by Project, Per Unit Valuer-General s Assessment (2008), PGK PPL Replacement Cost Unit, PGK Mustard 3 9 Vanilla Limbun Tree Galip Tree iabal Tree Irima Tree Shade Tree lack ean Kumurere Tree Pikus Tree amboo Tulip Pandanus Sago Pepper Tree Tom eed of Release PPL will not acquire land necessary for the Power station site from those affected households but as per the access and clearance agreement will sign a eed of Release whereby the AH will agree (a) to accept a total payment, (b) not to restrict access to the sites by any person employed by PPL or its agent. 48

51 Annex II: Project Information ulletin TAUN ELECTRIFIKESEN INVESMEN PROGREM Ramazon Hydro Pawa/ Transmisen Lain Projek long Ramazon Tinputz LLG go lo Kokopau Toktok Save lo ol Pipol Husait Graun lo Yupla ai Project Igo Tru Has blo displa Taun Electrifikesen Invesmen Progrem em blo helpim lo pulim o saplaim power igo lo ol provinsel taun hap lo senisim ol disel genereta we bikpla moni save waste lo em na yusim pawa we iken stap longpla taim lo benefitim yumi nau na ol tumbuna behain. isla pawa supply bai helpim upla ei stap arere long em long halivim sidaun lo peles lo sait blong yusim power long kuk, lait na wokim bisnis. ispla Ramazon Hydro Pawa projek em pat blo TEIP we 33kv pawa lain we PNG Pawa bai pulim long mak olsem lo Ramazon lo Tinputz LLG igo long uka town. ispla pawa line sapos bai nap lo karim liklik pawa mak olsem long 33kv. Ramazon Hydro em bai ol ei wokim lo concrete weir na ol pipe bai pulim lo weir go lo pawahaus tamblo lo bris. Penstock bai ol ei connectim forebay na pawahaus antap lo graun. Pawahaus bai ol ei wokim wei bai gat ol turbine, generate na liklik substasion. LAN ACQUISITION/RESETTLEMENT PLAN isla plen blo kisim graun em bikpla samting tru bikos olgeta wan, wan haus we i gat ol meri, ol samting blo helpim sidaun, bai affected na ol mas compensatim ol. isla em i kam andanit lo policy blo Asian evelopment ank (A) na PNG Government we ol yet i putim moni lo wokim disla project. Olgeta wok em mipla i putim aut bai yupla i ken skelim. isla day em blo upla lo autim tingting blo upla lo disla Land acquisition plan (we liklik hap graun blo yupla bai mipla yusim lo projek so A na Gavman i ken luksave na helpim yupla sapos upla gat bel hevi. MAK LO NOGUT NA GUTPLA LO WOK Ino inap lo mipla i kisim customary or lease graun blo upla lo wokim projek tasol olsem ol liklik hap graun mak olsem 2.25 square mita blong wan wan pawa pole. Tasol ol kakau divai i mas raus long mak olsem 20 meter lo namel blo rot i go lo arere blong rot. ispla bai wankain lo ol kokonas na banana too. Ol narapla divai na cash crop lo 20 metre mak ismen imas kliarim long time blo pulim transmission line tasol yupla ken still usim graun behain lo ol putim transmission line go antap lo ol pole. Lo weir site, pawa haus, penstock hap bai ol ei clearim lo mak ol markim lo bildim ol tasol. isla i wankain igo lo ol lain we ol kakau na kokonas diwai blo yupla bai ol kliarim. Yupla ken planim ol diwai tasol noken planim back coconut or kakau or narapla ol bikpla divai wer mak blo grow inap lo 2.7 meters, nogut i grou painim pawa lain na distebim or bagarapim ron blong pawa long pawa line 49

52 Piksa 1: disla piksa i soim hau bai ol i wokim Ramazon haidro pawa 50 Piksa 2: disla piksa I soim hau bai ol i pulim pawa lain Ausua blo size blo Nogut na Gutpla blo wok Long time blo sevei PNG Pawa I bin karim out lo namba 9 day blong April go lo namba 14 day blong May, ol painim aut olsem 7 pla clan bai ol losim ol diwai na bus blo lo pawa haus, penstock na weir site. Lo

53 transmission line 400 pla pamali lain bai losim diwai insait lo ismen. Ol narapla diwai olsem kokonas na kakau bai liklik namba tasol PNG Pawa bai rausim na ol narapla diwai olsem uai, mango, muli, banana, popo. Olgeta diwai PNG Pawa bai baim olsem compensesen bai bihainim price blong Valuer General but PPL ei incrisim by 300 per cent na we diwai i start lo karim kaikai. Rot blo Compensation Long tok klia lo yumi ken lukim ol isi wei lo compensetim yupla lo yupla lusim ol gutpla samting blo yupla na tu lo lukautim yupla long taim hevi painim yupla, mipla kamap wantaim wanpela rot long halivim yupla: Size blo wok Klinim na katim ol diwai na bush. Man/Meri Papagraun na ol lain papagraun I givim hap graun lo ol O ol arapla lain lo display hap Wonem bai ol kisim Ol bai kisim Kes moni lo moni mak blo wan wan diwai na bush PNG Pawa I klinim na katim. Gaden agarap Yusim blo graun sapos igat nid Hevi wer umi no lukim Ol man husait i lusim 10% lo gaden blo ol na affektim sindaun blo ol Papagraun na husait i stap lo company graun sapos lis agrimen ino expire taim wok i stat. Ol man / meri husait bai afekted Ol man usat ei affected bai kisim K 600 blo wan wan man inap lo sixpla mun PNG Power Ltd andanit lo EMP blo ol bai wokim HIV/AIS awenes na prevensen program na we em inap lo provaidim liklik wok moni samting olsem. PNG Power Ltd polisi na A Safeguard Polisi PNG Power Ltd yet bai go pas lo project na nogat narapela private company o narapla company ken. Special Gender Actions A Gender and evelopment Policy 2008 i tok olsem ol meri mas igat wankain compensesen wantaim ol man na i mas kamap klia lo paper. Time compensesen peimen igo het, imas igat wankain igo long man na meri waintaim husait project bai afektim. Gutpla developmen pasin bai olsem ol meri mas kisim wok too na PNG Pawa bai mekim inap lo givim wok tu lo ol meri.. HIV/AIS awareness and prevention program wer PNG Power Ltd bai wokim ei mas lukautim meri lo practisim safe sex. Man, meri na pikinin mas benefit lo project na PPL bai helpim thru lo NZAI lo providim electricity wer ol baim pinis. Pay blo compensation 51

54 PNG Power Ltd. ai tok save lo, Tinputz na Saleu, LLGs lo date, time na hap, na putim lo paper payment blo compensation. Ol man/ meri husat i affected lo project mas save na gat resit lo kisim payment osem proof. Tok clear i mas go olsem PNG Power Ltd bai no nap lo clearim and sanapim transmission line inap em ei mas paim gut ol man/ meri ei affected na o limas wanbel. Askim All man/meri usat ei affected lo project igat right lo outim wari lo rot blo outim wari. Olgeta. Tasol sapos igat hevi wer ino nap lo solvim lo PNG,den A i tok strong lo wari mas go lo contry resident mission lo Port Moresby na nogat ei mas go olgeta lo headquarters Manila. Man/ meri husat i affected lo project can go thru lo ol NGOs or narapla ol civil society groups lo autim wari blo ol. Contact Persons: PNG Power Ltd. Mr. Frances Mamia, Office of the Project Manager, PNG Power National Office, Corner of Wards Road and Cordia Street, Hohola, oroko, NC, Port Moresby, Tel: ; Fax: : fmamia@pngpower.com.pg Asian evelopment ank Mr. Marcelo Minc, Country irector, Asian evelopment ank, Papua New Guinea Resident Mission, eloitte Tower, Level 13, Port Moresby, NC, Tel: /0408; Fax: Ms. Messim J. Ahmad, irector, Environment and Social Safeguards, Regional and Sustainable evelopment ivision, Asian evelopment ank, 6 A Avenue, Mandaluyong City 1550, Metro Manila, Philippines, Tel: ; Fax: ; nahmad@adb.org 52

55 Annex III: Consultation Notices 53

56 Annex IV. : Meeting Minutes Meeting minutes for all the consultation carried out. 54

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68 Annex V: Grievances Mechanism Flow Chart Person making complaint iscusses problem with Ward Councilor Complaint approved No Complaint disallowed. Matter stops here Yes. Complaint goes to On-site Project Manager (PM) Complaint approved Yes PM arranges to rectify complaint No PPL CEO Complaint approved Yes No A Country irector Yes Complain t No Judicial system Complain t Yes irects PPL and A to instruct PM to rectify complaint No 66

69 nnex VI: Master List

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75 nnex VII MOA between IGL and AG

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81 Annex VIII MOA between PPL,AG and LO 79

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89 Annex IX Clarification letter on MOA regarding IGL 87