BIOMASS-BASED DISTRICT HEATING PROJECT

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Biomass-Based District Heating Project BIOMASS-BASED DISTRICT HEATING PROJECT Construction of a Biomass-fuelled Mini-CHP in the Territory of the Boiler House at Surkov Str. 10, Town of Kalinkovichi Communal Unitary Enterprise Kommunalnik Kalinovichski RP1526 ABBREVIATED RESETTLEMENT ACTION PLAN (draft)

2 2 ABBREVIATED RESETTLEMENT ACTION PLAN (Draft) CONTENT 1. Principles and objectives of the Resettlement Action Plan 2. Project territory, land category and property title 3. Adversely affected parties and eligibility for compensation 4. Census of project affected persons 5. Land acquisition (withdrawal) mechanism 6. Awareness of project affected persons 7. Grievance redressal procedures 8. Expenditures and budget 9. Monitoring and evaluation 10. Legal framework Annex 1 Application form Annex 2 Resettlement stages 2

3 3 1. PRINCIPLES AND OBJECTIVES OF THEH RESETTLEMENT ACTION PLAN The aim of the present Resettlement Action Plan (RAP) is to elaborate the procedures to be followed and the events to be held in order to ensure that the persons adversely affected by project are able to maintain or improve their pre-project living standards and conditions. The RAP will determine the persons adversely affected by the project and justify the necessary type and amount of compensation or assistance with the resettlement when reviewing alternative options, in order to avoid or minimize the resettlement impacts. Possible land needs for the above mentioned RAP will be limited to the construction of a biomass-fuelled mini-chp in the territory of the boiler house at Surkov Str. 10, Town of Kalinkovichi, which will require an additional land plot for maintenance purposes. Compensation will be provided based on the following general principles: Through careful selection of the necessary land plots, best efforts will be applied to minimize acquisition of industrial land and privately owned land, as well as land where people reside and conduct business; With regard to the above, the project will largely use state-owned lands; In the acquisition of land, where people conduct business, property rights of the persons, who are expected to be negatively affected by this acquisition, will be taken into consideration, and the provisions of the present RAP will be followed. Legislative Provisions on Resettlement Edict No. 58 of the President of the Republic of Belarus dated February 2, 2009 On Some Measures for Protection of Proprietary Rights in Withdrawal of Land Plots for State Needs (hereinafter referred to as the Edict ) establishes that the local executive committee or, in accordance with its decision, the person/entity who receives the withdrawn land plot is obliged, prior to adoption of a decision on withdrawal of the land plot for public needs, to offer or provide to the adversely affected persons landfor-land replacement or compensation at full replacement cost, without any deductions related to the land price decrease or deductions for any other purposes by the beginning of the construction works. The amount of loss caused to land users by the withdrawal of land plots and demolition of dwelling houses and household outbuildings that are attached to the land is compensated at market value in current usage without depreciation in accordance with the legislation of the Republic of Belarus; In the framework of the project, the issues related to compensation, 3

4 4 registration and land transfer will be resolved with the owners without court interference. In this case, the issues related to allocating a replacement land plot to the owner of the withdrawn land plot are addressed in accordance with the established procedure. The RAP is applicable to all affected, regardless of their total number, level of impact and legal title to land or assets. Among the affected persons, special attention should be given to the needs of the vulnerable population categories. 2. PROJECT TERRITORY, LAND CATEGORY AND PROPERTY TITLE The Communal Unitary Enterprise Kommunalnik Kalinkovichski develops a design for the project Construction of a Biomass-fuelled Mini-CHP in the Territory of the Boiler House at Surkov Str. 10, Town of Kalinkovichi, which provides for withdrawing an adjacent land plot for the purpose of the facility maintenance. The land plot at Surkov Str. 12, rented by Mrs. Ye. V. Leschinskaya from the Kalinkovichi Rayon Executive Committee is used as a storage site. 3. ADVERSELY AFFECTED PARTIES AND ELIGIBILITY FOR COMPENSATION All the users of privately owned lands within the construction footprint, regardless of their title to the land, are identified as affected persons and are eligible for compensation (or alternative forms of assistance). The list of these persons includes the following categories: Persons, who do not own the land or assets required for the project needs, but conduct business that will be negatively affected by the project). Owners of the used land. Category of affected persons Public land owner Enterprises/Entrepreneurs using the land Compensatory measures Will transfer the land for the project implementation without any compensation Will be provided appropriate replacement land of equivalent use value or compensation envisaged by the legislation In accordance with the Regulation on the Procedure of Estimation of the Amount of Losses Caused to Land Owners by Acquisition of Their Land Plots and Demolition of Non-movable Assets Attached Thereto, approved by Resolution of the Council of 4

5 5 Ministers of the Republic of Belarus No. 462 of March 26, 2008 On Certain Measures for Implementation of the Edict of the President of the Republic of Belarus No. 667 of December 27, 2007, the tentative amount of loss is determined at the stage of preparing the land registry documentation required for the work of the site selection committee, while the actual amount is determined at the stage of developing a land acquisition plan. Private individuals (or private and state-owned enterprises) entitled to receive compensation for the lost land or incurred loses, will receive full compensation before the Customer starts construction in the respective land plots. (With regard to the start of financing, the works are likely to commence in 2014). 4. CENSUS OF PROJECT AFFECTED PERSONS The Communal Unitary Enterprise Kommunalnik Kalinkovichski is the Customer in the contract for development of design documentation for the project implementation and is responsible for collection of data on the land, land owners and all the project affected persons, as well as for the census to be conducted under this RAP. The complete data shall be available in the land use plan (area development plan) the State Land Cadastre. A census was conducted on site on October 10, 2013 and confirmed that there are no improvements made by the lessee on the part of the land to be acquired for the project purposes and there are no informal users of the land. The consultation with the project affected person was held on October 10, 2013 at the premises of the Kalinkovichi Rayon Executive Committee at Lenin Square 1, Kalinkovichi, in the presence of Mr. D. S. Gaikevich, Chair of the Kalinkovichi Rayon Executive Committee, Mr. D. A. Shabetnik, Deputy Director General for Heating Facilities of the CUE Kommunalnik Kalinkovichski, in order to identify the compensation options selected by Mrs. Ye. V. Leschinskaya affected by this land acquisition process. It will be necessary to withdraw part of the land plot on 12, Surkov Str. rented by Mrs. Ye. V. Leschinskaya, who is an individual entrepreneur letting out her own nonmovable assets and rents a land plot adjacent to 10, Surkov Str. Under the lease contract between Mrs. Ye. V. Leschinskaya and the Kalinkovichi Rayon Executive Committee, in case of withdrawal of the land lot or voluntary abandonment of the lease right, or premature termination of this contract, the lessee is entitled to full compensation for the improvements made to the land plot at her own expense as provided for by the legislation. In this case the value of the land plot improvements shall be determined as of the withdrawal date. In case of withdrawal of the land plot for state or public needs, the lesser is obliged, at the lessee s option, to allocate to the lessee a land plot of equal value. 5

6 6 As of the census date, no improvements to the leased land plot were made by the lessee therefore the compensation for improvements will not be considered. Upon completion of the design documents for the project Construction of a Biomassfuelled Mini-CHP in the Territory of the Boiler House at Surkov Str. 10, Town of Kalinkovichi, the exact dimensions of the land plot to be additionally allocated for maintenance of the mini-chp will be known. Prior to identifying the dimensions of the land plot to be withdrawn, no restrictions of the land use under the lease contract shall be imposed. 5. LAND ACQUISITION (WITHDRAWAL) MECHANISM As determined by the Regulation on the Procedure of Enforcement of Proprietary Rights of Citizens in Forfeiture of Their Land Plots, approved by Edict of the President of the Republic of Belarus No. 58 dated February 2, 2009: 1. Where it is necessary to withdraw for public needs a land plot with attached nonmovable assets owned by citizens or organizations, the local executive committee makes a decision on the forthcoming withdrawal of the land plot and demolition of non-movable assets attached thereto (hereinafter referred to as decision on the forthcoming withdrawal of a land plot ). 2. The decision on the forthcoming withdrawal of a land plot is made by the local executive committee within five working days after the approval (endorsement) of the site selection act, if the land withdrawal and allocation process provides for preliminary approvals of the site location in accordance with the legislation. The period between making a decision on the forthcoming withdrawal of a land plot by the local executive committee and the decision on withdrawal and allocation of a land plot cannot be less than three months. The decision on the forthcoming withdrawal of a land plot shall contain: rationale for the withdrawal; list of non-movable assets subject to demolition, both registered and not registered in due order, including incomplete objects, except for those constructed without permission; owners of these assets and rent recipients (in case immovable property is rent burdened); options for exercising the rights of the non-movable assets owners provided for in paragraphs 4 and 5 of the Edict approving this Regulation; order to conduct an evaluation of non-movable assets; persons authorized by the local executive committee to enforce the rights of citizens and organizations provided for in paragraphs 4 and 5 of the Edict approving this Regulation, as well as to sign a protocol of disagreements if necessary; 6

7 7 rights and obligations of the person who receives the land plot (if necessary); other issues associated with the forthcoming withdrawal of a land plot and demolition of non-movable assets attached thereto. All the measures aimed at compensating losses to the project affected persons will be fully implemented prior to commencement of the project works. 6. AWARENESS OF PROJECT AFFECTED PERSONS Public consultations and participatory process of the RAP preparation and implementation are needed to provide to the project affected persons a possibility to contribute to both development and implementation of the project, to reduce the probability of conflicts and to increase benefits for these persons. The public consultations will be held by the Communal Unitary Enterprise Kommunalnik Kalinovichski prior to the commencement of physical works. The proceeds of the public consultations will be stored with the project implementation unit. The consultation process shall ensure holding consultations with all the persons identified as the concerned parties. The information about the project will be presented to the public before the resettlement starts via local media, articles in newspapers and the Internet in order to allow for receiving a significant feedback and strengthening the success of the project. The Communal Unitary Enterprise Kommunalnik Kalinovichski is responsible for publication of the information and collection of feedback and comments. Upon completion of the design documents for the project Construction of a Biomassfuelled Mini-CHP in the Territory of the Boiler House at Surkov Str. 10, Town of Kalinkovichi, the exact dimensions of the land plot to be additionally allocated for maintenance of the mini-chp will be known. Once the exact dimensions are identified, consultations with the lessee will be conducted again to reconfirm selected compensation option: - revision of the lease contract, to reflect reduction of the size of the plot and reduction of the pay for lease and providing a substitution land plot of the size equal to the acquired part of the land plot for lease; - cancellation of the current lease contract and provision of the adequate in quality and size alternative land plot for lease as a substitute. 7. GRIEVANCE REDRESS PROCEDURE It should be pointed out that the risk of complaints will be reduced to a minimum through participation of the citizens subject to resettlement in the work of the evaluation committee and giving them a possibility to reach an agreement during the public discussion. Failing to reach such an agreement, the citizens will be able to file a complaint to the local authorities regarding the fact that the decision of the evaluation 7

8 8 committee will be detrimental to them, at the following address: Surkov Str. 14, Kalinkovichi. The complaints will be reviewed within fifteen days, the complaints requiring additional investigation and review will be reviewed within one month. A complaint can be filed with the Kalinkovichi Rayon Executive Committee in written form or online at The deadline for filing complaints is not determined by the legislation, as a person considering that his (her) rights are violated can file a complaint at any time. Complaints related to any aspect of the project will be reviewed by means of negotiations aimed at reaching a mutually acceptable agreement. The adversely affected persons may act in accordance with the following procedures: An adversely affected person completes the complaint form and submits it to the Communal Unitary Enterprise Kommunalnik Kalinkovichski for review. The complaint form is provided at the end of the document (Annex 1). If no understanding or amicable agreement is reached, or if the affected person does not receive a response, this person can apply to local authorities. A specialist will be assigned in the project implementation unit, who will register the claims and complaints and try to resolve problems at the local level. During public meetings the affected persons will receive concrete information on how to reach this specialist. Further registration of complaints will be performed, and the relevant information will be periodically forwarded to the World Bank. If an affected person is not satisfied with the decision made, he/she can finally seek legal redress at the court of the relevant jurisdiction. The grievances redress procedure should be presented at the local level during public hearings of the Resettlement Action Plan. Besides, the grievances redress mechanism should be available to local residents in the local authorities. In accordance with the Law of the Republic of Belarus On Appeals of Citizens and Legal Entities No. 300-Z dated July 18, 2011, appeals should be reviewed within fifteen days, and appeals requiring additional investigation and reviews within one month. 8. EXPENDITURES AND BUDGET Local authorities will be responsible for financing the RAP activities and allocating a land plot for lease in substitution for the withdrawn land plot, in case such a compensation option is selected. The land plot of equal size located conveniently for the lessee exists and is available for lease shall the affected person decide to choose this option. 9. MONITORING AND EVALUATION The Kalinkovichi Town Executive Committee will assign a specialist to monitor the procedures of acquisition of residential premises or payment of compensations and submission of the resettlement and compensation progress reports in accordance with 8

9 9 the actions agreed in the RAP, as well as reports on any violations and shortcomings in the implementation of the Resettlement Action Plan, or on any unexpected negative impacts on the affected persons, to the Kalinkovichi Town Executive Committee. To monitor the resettlement process, the Kalinkovichi Town Executive Committee will prepare a RAP Completion Report and submit it to the World Bank. The World Bank will monitor the RAP implementation progress as part of its regular missions during the project implementation period. 10. LEGAL FRAMEWORK Land Code of the Republic of Belarus; Edict of the President of the Republic of Belarus No. 667 dated December 27, 2007 "On Land Withdrawal and Allocation"; Decree of the President of the Republic of Belarus No. 10 dated August 6, 2009 "On Creation of Additional Conditions for Investment Activities in the Republic of Belarus"; Resolution of the Council of Ministers of the Republic of Belarus No. 462 dated March 26, 2008 "On Certain Measures for Implementation of Edict of the President of the Republic of Belarus No. 667 dated December 27, 2007"; Law of the Republic of Belarus No. 300-Z dated July 18, 2011 On Appeals of Citizens and Legal Entities. Regulation on the Procedure of Estimation of the Amount of Losses Caused to Land Owners by Acquisition of Their Land Plots and Demolition of Non-movable Assets Attached Thereto, approved by Resolution of the Council of Ministers of the Republic of Belarus No. 462 dated March 26, 2008 On Certain Measures for Implementation of the Edict of the President of the Republic of Belarus No. 667 dated December 27,

10 10 Annex 1 Application Form CUE Kommunalnik Kalinkovichski Surkov Str. 14, Kalinkovichi, Gomel oblast Belarus Name Home Address Complaint 2013 Date/Month Signature Name. 10

11 11 Annex 2 Resettlement Stages ## Action Rationale Timeline 1. Public disclosure of the Resettlement Approval of the Draft RAP December Action Plan by the WB 4, Completion of detailed design 3. Discussion of the RAP and detailed design p. 1 of the Table 4. Decision on forthcoming withdrawal of land plot by the executive committee Approved site selection act 2 month 5. Receipt of written applications from the affected person on the selected compensation type p. 4 of the Table Decision by the executive committee on 6. allocation of a land plot to the citizen and p. 4 of the Table and written provision of monetary compensation (in applications of citizens accordance with earlier applications) 1 month 7. Decision by the executive committee on withdrawal of land plots for public needs (upon completion of the resettlement process) Land survey files and implementation of p. 5 of the Table TOTAL: 1 month 4 months 11