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

Transcription

1 Resettlement Action Plan Final Report December 2015 Papua New Guinea: Town Electrification Investment Project-1: Ramazon Hydro Power And Transmission Lines Project Prepared by PNG Power Ltd, Port Moresby, for the Government of Papua New Guinea and the Asian Development Bank.

2 This Resettlement Action Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, 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 Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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10 TOWN ELECTRIFICATION INVESTMENT PROGRAM (TEIP) TRANCHE 1 Land Acquisition & Resettlement Plan (LA/RP) Ramazon Hydro Power & Transmission Lines Project PROJECT NUMBER: LOAN 2713/2714 DOCUMENT STAGE: FINAL UPDATED DECMBER 2015 Report prepared by PNG Power Ltd, for the Asian Development Bank (ADB), Manila, Philippines. The Land Acquisition/Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or Staff.

11 ABBREVIATIONS A D ARB B - Autonomous Region of Bougainville ADB - Asian Development Bank AIDS - Acquired Immunodeficiency Syndrome APs - Affected Persons DLO - District Lands Officer DLPP - Department of Lands and Physical Planning DOW - Department of Works DMS - Detailed Measurement Survey EA - Executing Agency EIA - Environmental Impact Assessment EMP - Environmental Management Plan FFB - Fresh Fruit Bunch GAD - Gender Aware Development 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 IP - Involuntary Policy kva - Kilovolt Amps kv - Kilovolt LA/RP - Land Acquisition/Resettlement Plan LLG - Local Level Government MOA - Memorandum of Agreement MW - Mega Watt OPA - Office of Provincial Administration PMU - Project Management Unit PLO - Provincial Lands Officer PPL - PNG Power Limited PPTA - Project Preparatory Technical Assistance RC - Replacement Cost ROW - Right of Way SES - Socio-Economic Survey SPS - Safeguard Policy Statement (ADB 2009) sqm - square meters TL - Transmission Line PGK - PNG Kina USD - US Dollars as of 16/1/2014, 1 USD is equivalent to PGK Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 2

12 AGLOSSARY D B Meaningful Consultation 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 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. Indigenous Peoples 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. Physical Displacement Economic Displacement 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. Gender Mainstreaming Country Safeguard Systems 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 sectoral implementing institutions and relevant laws, regulations, rules, and procedures that pertain to the policy areas of social safeguards. Significant Impact The loss of 10% or more of productive assets (income generation) or physical displacement and/or both. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 3

13 Contents A ABBREVIATIONS...2 D BGLOSSARY...3 A. EXECUTIVE SUMMARY...8 B: PROJECT DESCRIPTION C: SCOPE OF LAND ACQUISITION & RESETTLEMENT i. Project s Impacts...16 ii. Scope of Land Acquisition...17 iii. Effects of Assets Lost...17 iv. Common Property Resources...18 D: SOCIOECONOMIC INFORMATION AND ASSESSMENT OF IMPACTS i. Demographic Features of project Area...19 ii. Impacts of Land and Asset Acquisition on APs...19 iii. Project s impact on Poor, Different Ethnic Groups, and other Vulnerable groups...20 iv. Gender and Resettlement Impacts...21 E: INFORMATION DISCLOSURE, CONSULTATIONS AND PARTICIPATION i. Project Stakeholders...21 ii. Consultation and Participation Mechanisms...21 iii. Activities Undertaken to Disseminate Project and Resettlement Information...22 iv. Results of Consultations with Affected Peoples...22 F: DISCLOSURE OF THE DRAFT LAND ACQUISITION/RESETTLEMENT PLAN i. Planned Information Disclosure Measures during Project Implementation...23 G: GRIEVANCE REDRESS MECHANISM H: LEGAL AND POLICY FRAMEWORK i. National and Local Laws and ADB Policy Requirements...26 ii. Resettlement Policy Principles for the Project...29 iii. Principles and Methodologies for Determining Valuations and Compensation Rates.29 iv. Replacement Cost Compensation Survey agreed by APs v. Description of Land Acquisition Process...30 Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 4

14 vi. Lease Agreement Process and MOAs...31 I: AENTITLEMENTS, ASSISTANCE AND BENEFITS D Bi. Affected Person s Entitlements and Eligibility...31 ii. Assistance to Vulnerable Groups...32 iii. Opportunities for Affected Persons to Derive Appropriate Development Benefits...32 J: RELOCATION OF PHYSICAL STRUCTURES K: INCOME RESTORATION & REHABILITATION i. Possible Livelihood Risks...33 ii. Income Restoration Program...33 iii. Special Measures to Support Vulnerable Groups...33 iv. Specific Gender Considerations...34 v. Suggested Training Programs...34 L: RESETTLEMENT BUDGET & FINANCING PLAN i. Itemized Budget for Resettlement Activities ii. Flow of Funds...35 iii. Justification for Calculating Compensation Rates and Other Cost Estimates...36 iv. Sources of Financing...36 M: INSTITUTIONAL AGREEMENTS i. Responsibilities and Mechanisms for Carrying out LA/RP...37 ii. Institutional Capacity Building Program...37 iii. Role of Civil Society Groups...38 iv. Involvement of Women s Groups in Resettlement Planning and Management...38 N: IMPLEMENTATION SCHEDULE O: MONITORING & REPORTING P: ANNEXES Annex I: Replacement Cost Survey...42 Annex II: Project Information Bulletin...42 Annex III: Consultation Notices...42 Annex IV: Meeting Minutes...42 Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 5

15 Annex V: Master List...42 AAnnex VI: Lease Agreement between PPL and AMIGL...42 D BAnnex VII: MOA between BIGL and ABG...42 Annex VIII: BIGL Clarification on MOA...42 Annex IX: Ramazon Third Party Verification Report...42 Annex X: Crop Compensation Payment Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 6

16 List of Figures AFigure 1 PNG Map and the Autonomous Region of Bougainville D BFigure 2: Autonomous Region of Bougainville (AROB)& Ramazon HPP Location Figure 3: Ramazon HPP Sites Figure 4: Grievance Redress Mechanism List of Tables Table 1: Eligibility and Entitlements for APS... 9 Table 2: Final budget for LARP Table 3: Ramazon Subproject Technical Data Table 4: Vegetation Clearance Requirements Table 5:Land Requirements and crops and improvements to be removed Table 6: Key Dissemination and Land Acquisition Information Activities Table 7: LARP Measures and Compliance with ADB SPS Table 8: Comparison of GoPNG Law, ADB Policy and Gap-Filling Measures Table 9: Entitlement Matrix Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 7

17 A A. EXECUTIVE SUMMARY D B 1. Development-caused forced displacement and resettlement is frequently characterized by the resulting impoverishment of those displaced. The lack of appropriate Land Acquisition and proper Resettlement Plans is one major underlying factor for any development. This paper addresses the Land Acquisition and Resettlement Plan for the Ramazon Hydro Power Project at the Autonomous Region of Bougainville and offers recommendations related to the Asian Development Bank s (ADB) relevant guidelines and methods and to the Papua New Guinea s specific policy and legal regimes. 2. The Ramazon Hydro Power Project is one of three projects selected for the First Tranche of the ADB financed Town Electrification Investment Program (TEIP) that 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 projects. The Ramazon Hydropower Scheme is located within the Ramazon Creek catchment in the Autonomous Region of Bougainville. The hydropower scheme will supply electricity to the provincial town of Buka. 3. This project will not physically displace people. It however will involve the relocation or removal of some assets such as a house, several trade stores, assets belong to schools such as fences, signboards and others. The single house will be relocated several metres from its original site. This project will lease hectares of land (Table 2). This covers for the hydropower site (1.376 ha), access road (4 ha), and transmission lines (0.086 ha). The access road will involve the clearing of forests (0.8ha slightly disturbed forest and 3.2ha of logged over forests). 4. This specific Project investment cost (excluding land lease costs) is estimated at USD$21 million (PGK58, ) 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 hydropower project will also include the construction of a 33 kv transmission line from the hydropower plant northwards for 45km to Buka via Kokopau and 8km south to Tinputz station. 5. Based on the Census, IOL and DMS the number of affected persons (AP) is 2197 (1068 female). However, none of these APs will lose more than 10% of their food producing or other productive customary lands. Those APs have other land available to them in close proximity. It needs to be noted that the hydropower house will be constructed on customary land that is owned by three clans the Gunun-Karipa, Andeh and Anasi clan. 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 Bougainville as a source of income for the overwhelming majority of APs. The high value cocoa and copra trees that have to be cleared are on the existing road easement. The Bonus plantation is one company that will be losing the highest numbers of cocoa trees (63) and 20 Coconut Palms (Copra). Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 8

18 8. Customary land that will be leased is unlikely to impact significantly on the Alivelihoods and incomes of APs. Families within APs are linked to clans and extended Dfamilies and they depend on each other for assistance in providing food, finances or labor if Bit is needed. 9. The restricted land use resultant from the land to be leased (approximately hectares) will be mitigated by PPL agreeing to meet all expenses associated with clearing additional land to 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. A summary of their entitlements and budget for the LARP is in Table 1 and 2 respectively. 10. APs have been consulted during pre-feasibility studies and the preparation of the LA/RP. PPL has and will continue to further consult with affected communities and this LA/RP is based on detailed land investigations. Clan leaders and other clan members, including women, have expressed their strong support for this Project. Table 1: Eligibility and Entitlements for APS Type of Impact Entitled Person (s) Entitlements 25 year Land Lease Customary Landowners The Anakes Muiipoa ILG (AMILG) will receive a payment of K10, 000 per month as per the Lease Agreement between PPL and them signed on the 5 November (Annex VI) Temporary use of land. Loss of crops and trees Legal occupiers of land (primarily leaseholders) and customary landowners All APs irrespective of their legal status Landowners will be paid rent on terms negotiated between them and the contractor. 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 Loss of Livelihoods Any vulnerable households identified by additional social assessment. Unforeseen or unintended impacts Concerned persons affected Vulnerable households that have been identified will receive priority employment for project construction and maintenance work. These will be determined as per the principles of this RP and ADB s Safeguard Policy. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 9

19 Table 2: Final budget for LARP A DTotal land to be leased BTotal land Gifted by BIGL to ABG Total land belonging to ABG No of APs/HHs 5.376ha Customary Land ha Alienated Land/Freehold (BIGL) ha- Transmission Line Kokopau to Tearoki 2197 (Female:1068)(515 HH) Value of Land to be Leased (5.376) PGK10,000 per month (PGK3 mil for 25 years) Infrastructure (Houses, Trade Stores, Fences, etc) Crops on the 5.376ha Total Compensation and Other Allowances Payable Total land to be leased PGK93, PGK27,000 PGK3, 120, 000 (USD$884,520) 5.376ha Customary Land 11. PPL will allocate adequate resources to update, implement and monitor the LA/RP. It will ensure that adequate funds are allocated and disbursed to pay compensation for affected land and assets civil works will not commence before the LA/RP has been approved and land compensation paid in full. Compensation will be paid according to each project displacements 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 project areas. 12. PPL will submit semi-annual reports to ADB on the implementation of the LA/RP. It will also submit a Project land acquisition and productive asset completion report to ADB once land and productive asset compensation has been completed. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 10

20 B: PROJECT DESCRIPTION A D B 13. The Land Acquisition and the Resettlement Plan (LA/RP) describes principles, entitlements, procedures, and implementation arrangements on land acquisition and resettlement for Ramazon subproject. It follows relevant laws and regulations of the Government of Papua New Guinea (GoPNG) and the Safeguard Policy Statement (2009) of the Asian Development Bank (ADB). Where PNG laws are silent and/or have differences with ADB policy. 14. The Asian Development Bank (ADB) 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 Project (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. 15. 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. PNG Power Ltd (PPL) is the sole energy supply entity in PNG and is required to improve energy connectivity in PNG. The objective of this Project to connect that very high percentage of urban residents, specifically in Popondetta, Oro Province, Kimbe, West New Britain, and Buka, Autonomous Region of Bougainville, who are not currently connected to the grid. 16. The TEIP involves the construction of a 3 MW run-of-the river hydropower project with associated transmission lines in Oro (Divune HPP) and Bougainville (Ramazon HPP) and approximately 150 kilometers of 66kV transmission lines from the Lake Hargy Hydropower Plant in Bialla to the Kimbe the provincial capital of West New Britain. This land acquisition/resettlement plan (LA/RP) is the resettlement planning document for the Ramazon 33kV Hydropower Project. 17. Figure 1 shows the map of Papua New Guinea and to on the bottom right is the Autonomous Region of Bougainville - Buka. It is to the East of East and West New Britain Provinces. Autonomous Region of Bougainville is in the New Guinea Islands Region of Papua New Guinea. 18. Figure 2 is an Autonomous Region of Bougainville map with the location of the Ramazon Hydro Power Project Sites whilst Figure 3 of key sites in the sub project area. The sites include the Transmission Lines Corridor, Weir sites, Penstock, Sites, Power Station and all the other project operational sites. 19. In Figure 3, the road at the top of the picture is the main North Bougainville Highway. Access road and transmission line will run from the Ramazon staff Gauge down to the road before it heads west to go to Kokopau to connect to the power grid. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 11

21 Figure 1 PNG Map and the Autonomous Region of Bougainville

22 Figure 2: Autonomous Region of Bougainville (AROB) & Ramazon HPP Location RAMAZON HPP LOCATION

23 Figure 3: Ramazon HPP Sites A D B 20. The impact of TEIP is to enhance social and economic development in urban areas and an ancillary project (ADB s Improved Energy Access to Rural Communities) will extend the power distribution grid to rural communities in the footprint of these three 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. 21. 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 PNG Power Ltd or other investors to provide such connections. 22. The TEIP supports the GoPNG Development Strategic Plan (DSP, ) that emphasizes the lack of energy supply as a constraint for PNG s economic and social development. The development target established by the DSP requires that 70% of all households in PNG have access to an affordable and reliable supply of electricity by 2030 and it is estimated that if this target were to be achieved by 2030 an extra 100,000 jobs would be created and the net worth to the economy would be in excess of PGK 2.9 billion. It is also influenced by the Medium Term Development Plan ( ) and the significantly longer-term Strategic Vision 2050 for PNG. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 14

24 23. The Ramazon Hydropower Project investment cost (excluding land leasing costs) is estimated at USD$21 million (PGK58, ) 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. A24. The supply pipeline will terminate at a fore bay where the flow is then directed to the Dpowerhouse via a penstock. After the water goes through the turbines, the flow is returned to the Briver. The hydropower project will also include the construction of a 33 kv transmission line from the hydropower plant northwards for 45km to Buka via Kokopau and 8km south to Tinputz station. Technical details are in Table 3. Table 3: Ramazon Subproject Technical Data Unit River Terrain/river basin Type of project Weir Height Penstock Length Net head Installed capacity Firm annual energy Voltage Source: PPL Study Details 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 25. The subproject follows appropriate engineering design to minimize land acquisition and resettlement impacts. The subproject 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 Buka 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. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 15

25 C: SCOPE OF LAND ACQUISITION & RESETTLEMENT i. Project s Impacts 26. The Ramazon Hydropower Project will not physically displace people. It however will Arequire the removal of several structures that include a church, one home, six trade stores, one Dcemetery, several fences, School sign boards and several religious symbols. APs have been Bidentified and advised that they will be compensated for these losses. The subproject will lease about 4 ha of customary land for sitting infrastructures. 27. RHPP will also lease approximately 860 square meters (0.086 ha) 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), There will be the permanent clearance of 12,112 cocoa and coconut trees, and approximately 8318 fruit, nut and wood trees with varying levels of economic value. And these will be compensated (Table 5) 28. An updated Detailed Measurement Survey noted 515 affected households with a total of 2,197 affected persons that will be marginally affected by this project. None of the households/persons will be severely affected defined as either being physically displaced or required to relocate from their existing normal place of residence or economically displaced resulting in the loss of more than 10% of their income-generation productive assets. 29. The major impacts will be on the construction of the hydropower generation facility and right-of-way for the transmission lines. They are typical of projects of this nature but unlike projects that require the impoundment of water upstream from the hydropower generation facility this run-of-the-river project does not necessitate the loss of land and displacement of people upstream. 30. As such PPL considers this to be a Category C Project under ADB s Involuntary Policy (IP) and external monitoring of the LA/RP and its implementation is unnecessary although PPL understands if the ADB is dissatisfied with significant aspects of LA/RP implementation or a significant number of grievances are made by affected peoples that PPL cannot resolve the ADB at its discretion can request the mobilization of an external monitoring agency. Any temporary impacts will be addressed during the implementation of the Environmental Management Plan. 33. For this RHPP, BIGL will transfer has to ABG who will then make that available for the project. This is covered by a MOA between ABG and BIGL (Annex VII VIII)). For this gifted land, a verification exercise was also undertaken and a report on this is in Annex IX) The area covering the powerhouse site, weir, access road and transmission line consisting of ha will be leased from the Anakes Muiipoa Land Group Incorporated. In total, ha of land will be within the RHPP (Table 4). The subproject is sited within disturbed vegetation consisting of young re-growth bush/ shrubs and plantations. Table 4: Vegetation Clearance Requirements Project Clearance Area (ha) Weir + Intake 0.15 Pipeline + Intake access Powerhouse Access road 2.68 Total HPP facilities Total Transmission Line Total HPP and TL Source: PPL IEE Report Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 16

26 ii. Scope of Land Acquisition Table 5: Land Requirements and crops and improvements to be removed A D B Name of Village Number of Affected Persons APs Losing land permanently APs With Restrict ed Land Use APs Losing High-Value Trees (Cocoa and Coconut) SELAU DISTRICT BONUS PLANTATION BONUS VILLAGE 46 MANOB RAMUNRATA ,185 SOROM - - GOHI NGALASUEI TORTE SANAKOVA HANTOA/TABUT TSUNDAWAN/SIARA SIARA TON UMUM/BANIO BANIO/TSUNPETZ TINPUTZ DISTRICT TSUNPETZ RAWA DEOS VOGOG TINPUTZ P/SCH TINPUTZ-VUSUN SABA PLANTATION TEAROUKI Source: IOL and DMS, PPL, 2013 iii. Effects of Assets Lost APs Lower- Value Trees and Crops 1. None of the APs have food gardens which will be partly affected by the proposed 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. 2. These growing of these 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 lease. 3. The subproject is sited within disturbed vegetation consisting of young re-growth bush/shrubs and plantations. The tree clearance for all of the site facilities and access road may Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 17

27 involve about 5 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. For the Hydropower site, a lease agreement has been signed between PPL and the Anakes Muiipoa Incorporated Land Group (AMIGL) in November 2015 (Annex V). A D B 4. iv. Common Property Resources 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 Project. Should there be unforeseen impacts then the Environmental Management Plan (EMP) will be implemented to mitigate such impacts. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 18

28 D: SOCIOECONOMIC INFORMATION AND ASSESSMENT OF IMPACTS i. Demographic Features of project Area A D 5. The subproject area is located in the Autonomous Region of Bougainville, which B covers the mainland Bougainville and Buka Island where the provincial headquarters is located. AROB has a population of 175,160 and 48.6 percentage of the total population is female. The province has three districts and 12 LLGs. 6. The subproject is located in the North Bougainville District in two LLGs, Tinputz and Selau Suir. According to census information from the PNG National Research Institute, the North Bougainville District has a population of 73,091 (35668 female). The North Bougainville District 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. 7. There are 515 households consisting of 2197 (female: 1068) 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. 8. 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 ARB 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 on Bougainville. ii. Impacts of Land and Asset Acquisition on APs 9. To better understand the impacts of land and asset acquisition on APs, the following socio-economic indicators were developed from the socio-economic survey: 10. Income: Majority of the APs were 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 their vegetables, vegetables and betelnut either in Buka 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 therefore, only constitutes to less than ten per cent of their total income generating assets. 11. Land Ownership: All land that is not in the easement is collectively owned by individual clans however, individual households have user rights to use collectively owned land to undertake livelihood based activities. 12. Most of the land that the Penstock will be built is collectively owned by Antavet, Anasi and Anakarip clans. The land for the Weir site also belongs to three clans, Gunun-Karipa, Anakeh and Anasi clans. The land on which the access road will be constructed and the land on which the TL will be constructed upon is owned collectively by the following clans, Anakeh, Amra, Anakarip, Antavet and Anasi. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 19

29 13. Livestock: Common livestock rearing is similar as in other parts of PNG, such as rearing of pigs and poultry mainly for consumption. 14. Occupational Structure: Most APs can be classified as subsistence farmers. 15. Access to Public Services: The population living along the TL and the AHydropower sites has access to health care amenities. Transportation in the area is quite Defficient as the main roads are in good conditions and they have several Public Motor Vehicles B(PMVs) that transport people from the Tinputz area to Kokopau, where they are able to travel by boat to Buka town. 16. 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 Buka town, health facilities, markets and schools for their children. The only village close to the HPP 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, Buka. 17. There are three vocational schools in the North Bougainville District 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 Bougainville 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 Buka town to sell their produces. 18. Energy Use: All households at HPP 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. iii. Project s impact on Poor, Different Ethnic Groups, and other Vulnerable groups 19. There is no expected 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. 20. Most Affected People 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. During the socio-economic survey 100% of the interviewed landowners 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. 21. 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. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 20

30 iv. Gender and Resettlement Impacts 22. The ARB 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 Athey can be relied upon to bring the female perspectives in meetings or consultations held in Dvillages. Due 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 B value trees or land to the hydropower and TL project. 23. 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. E: INFORMATION DISCLOSURE, CONSULTATIONS AND PARTICIPATION i. Project Stakeholders 24. The primary stakeholders of this Project are the customary landowners and users of land (the Catholic Church, schools and a plantation) whose land will be acquired for the hydropower plan and the transmission lines and other land in the easement that will be subject to restricted land use. 25. 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 Project 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 private business entity expects to receive an adequate return on its investment is also mindful of the fact that when acquiring land for energy investments it is very interested in 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 26. A variety of consultation and participation mechanisms have been utilized to prepare this LA/RP. 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 District Office. 27. The attachment of the master list of all APs from the project sites including all the project sites that agreed and signed agreement documents provided by PPL that their assets (planted trees and crops) would be removed during the Ramazon HPP operation. See appendix The 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 TA Consultant also used this opportunity to facilitate capacity building of PPL staff. The International Gender and Community Development Specialist also held community consultations with the aim of drawing out the women to voice their opinions. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 21

31 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. A 29. An important participation mechanism was to ensure consultations were Dundertaken at venues and times that would not disadvantage women. Separate FDGs were Bfacilitated with women to ensure they understood the nature of the land acquisition processes. iii. Activities Undertaken to Disseminate 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 FGD with women APs Socio-economic Survey of women, men and youths APs Inventory of Loss Detailed Measurement Survey Public Disclosure of the LA/RP. Details of these key activities are included in Table 6 and a full listing of the APs is in the Master List (Annex V). Table 6: Key Dissemination and Land Acquisition Information Activities Total Number of Participants Period of Activities 515 (127) 28 th April to 7 th May 2013 Household visits to carry out the census. 515 is the total number of households and therefore the numbers of individuals that were interviewed. 02/05/13 to 01/07/13 On average, two days were spent per village collecting data for the census and property listing. FGD were also conducted during this time 38 (5 females) 38 (16 females) 94 (33 females) 45 (5 females) 37 (15 females) 28 (14 females) 7 th to 12 th September 2013 PPL Team visited 6 locations Nature of Activities Census of Affected Peoples Securing MOU from Landowning Clans Disclosure of Land Acquisition/Re settlement Plan for Ramazon HHP to Aps Outcomes of Activities Stakeholders in Project Area made Aware of Project and Updated Database on Affected Persons Agreement reached to alienate customary land Able to conclude no severely Affected Persons. Stakeholders in Project Area made aware of Project iv. Results of Consultations with Affected Peoples 30. Most people consulted and surveyed at the village level are strongly supportive of the Project because they are very interested in seeing improved energy connectivity. Some Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 22

32 A D B 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 for However, there are important concerns that APs raised: 31. AP females 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. 32. 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 Development Officers. 33. Villagers were also concerned that they might have similar issues in the future as those raised by the landowners of the Sirinumu Dam, 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. 34. 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. 35. 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. F: DISCLOSURE OF THE DRAFT LAND ACQUISITION/RESETTLEMENT PLAN 36. An edited version of this Draft Land Acquisition/Resettlement Plan 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 updated document. 37. To assist all APs a document referred to as Disclosure of Information to Affected People on Land Acquisition (a copy of which is included as an attachment to the LA/RP) was made available to all APs in Tok Pisin prior to the consultation meetings. The full LA/RP 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 ADB approves the LA/RP. This updated LA/RP will be uploaded to the PPL ( and ADB websites ( i. Planned Information Disclosure Measures during Project Implementation 38. It is not anticipated that there will be any delay in the Project implementation as information has been updated in the LA/RP. This section in the LA/RP relates to the compensation of land and property owners and PPL has ensured that APs are paid fair compensation. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 23

33 G: GRIEVANCE REDRESS MECHANISM 39. 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 Aimplementation. PPL has informed APs about the process involved in the grievance redress Dmechanism (Figure 4). With regard to land disputes, the Land Disputes Settlement Act 2000 Ballows 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. 40. The Project in collaboration with the ARB Provincial Lands Officer, who may be assisted by District Land Officers and elected LLG representatives, has instituted a process 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. 41. 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. 42. APs can also lodge a complaint with the PMU in Port Moresby. Despite the distance from Port Moresby the Project Safeguards Staff and Project Supervision Consultants will assist APs in registering their complaints with the PMU. This will include assisting aggrieved APs to prepare their specific grievance and the PMU Project Manager will consider the complaint and within 15 working days convey a decision to the APs. The Safeguards Staff as well as local government officials will assist the Project Manager in reviewing and addressing the complaint. The Safeguards Team will also facilitate communication between the APs and PMU in this process. If the APs are not satisfied with the PMU s decision, they may then take the grievance to the PNG judicial system. 43. If the grievance is to be taken to the PNG judicial system as per the Land Disputes 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. District Land Court: the case is heard before a District 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. 44. 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. Therefore this process should only be used as a very last resort. 45. In the event of grievances that cannot be resolved through legal redress, PPL and DLO 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. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 24

34 Figure 4: Grievance Redress Mechanism A D B Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 25

35 H: LEGAL AND POLICY FRAMEWORK A i. National and Local Laws and ADB Policy Requirements D 46. The policy framework and resettlement entitlements are based on the laws and regulations B of the GoPNG and the ADB s safeguard policy. The principal PNG laws include: (i) the 1996 Land Act; and, (ii) the 2000 Land Disputes Settlement Act. Relevant ADB policies include the 2009 Safeguard Policy Statement and the 2003 Gender and Development Policy and Public Communication Policy GoPNG does not have any specific policies at the national, provincial or local level for relocating and resettling people. This however, is not relevant in the project area because no person will be relocated or resettled. GoPNG has policies related to the acquisition of land and assets by the State for public purposes (eminent domain). This together with customary lands and related legal procedures, compensation payable, and the legally defined procedures for receiving and facilitating the resolution of affected persons concerns and grievances are all incorporated in the Land Act of The 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 sub-clans, 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. 49. ADB 2009 SPS includes the following policy principles of relevance to a project of this nature that does not involve the physical displacement of affected persons but rather the payment of compensation to APs who lose productive assets and to a very minor extent land:. Screening procedures are listed in Table 6. Table 7: LARP Measures and Compliance with ADB SPS 2009 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 non-governmental 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. PPL has devoted considerable resources, including the mobilization of one of its Port Moresby Land Officers to the Project site since December He has been assisted for upwards of two months during April and May in 2013 and for an additional two months in August and September 2013 and one month in January-February 2014 by other PPL staff. This LA/RP addresses this policy principle. As per the LA/RP 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. Via the SES and a series of participatory based consultations PPL Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 26

36 A D B Improve or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land-based 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. 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. 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. Develop 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. 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 an updated 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 time-bound implementation schedule. This has been complied with as per this Draft LA/RP. Pay compensation and provide other resettlement entitlements before physical or economic displacement and implement the resettlement plan under close supervision throughout project implementation. has determined there are no vulnerable groups affected by this Project. A grievance redress mechanism has been prepared by PPL and incorporated in this LA/RP to ensure APs can seek effective redress. The main issue here related to the prompt payment of compensation at full replacement (loss) cost and PPL has worked very closely with APs and other experts to ensure the process has been transparent and fair to all APs. The other issues have been assessed by PPL and accepted by all APs as not been relevant to this Project. There are no physically displaced persons in this Project or severely affected persons but PPL via the associated Project (Improved Energy Access for Rural Communities) will ensure all APs will be connected to the grid and some waged employment opportunities as per the EMP will be provided. This is not an issue for this Project even taking into account the ADB definition of APs (includes those physically or economically displaced or involuntary restrictions on land use) because economic displacement (loss of land is minimal and asset loss is adequately compensated) and the involuntary restrictions on land use necessitated by safety considerations will not result according to PPL analysis in diminished living standards. This has been complied with by PPL as per this LA/RP. This will be complied with by PPL as per this LA/RP Relevant outcomes as per the LA/RP will be monitored by PPL and APs have the right to mobilize independent monitors to be paid by PPL if there are major disputes vis-à-vis land acquisition process outcomes. 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 Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 27

37 and the results of resettlement monitoring and disclose these monitoring results. A 50. The ADB s 2009 SPS also states that where there are indigenous peoples their identity, dignity, human rights, livelihood systems, and cultural uniqueness must be safeguarded D so they can receive culturally appropriate social and economic benefits. In the project area, all B APs are customary landowners and have not migrated into the area from other regions in PNG. Therefore indigenous peoples social safeguards are not required to be incorporated into the LA/RP. 51. The other policy of relevance to this Project is the ADB s 2003 Policy on Gender and Development, which requires that all ADB 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. 52. There are some gaps between GoPNG policies and procedures and those of the ADB. The main gaps relate to (i) carrying out meaningful consultations that also ensure 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) provision of economically displaced persons with necessary assistance to improve upon or restore their existing livelihoods at least to national minimum standards of living; (iv) ensuring that displaced persons without recognizable rights to land are eligible for compensation for loss of non-land assets; and, (v) monitoring and assessment of resettlement outcomes. Table 8: Comparison of GoPNG Law, ADB Policy and Gap-Filling Measures GoPNG Law ADB Policy Project Gap-Filling Measures There are no There is a requirement that not The LA/RP will be uploaded on to the provisions for only must consultations take PPL and ADB websites, edited and ensuring that place but evidence is provided translated versions will be available at meaningful that poorer and vulnerable the provincial, district and local level, consultations that people are informed of their and local clan leaders whose members include people living entitlements and resettlement are affected will also receive a copy of below the poverty options. line, the landless, the edited and translated version of the LA/RP. elderly, women, and children are facilitated. There are no provisions to improve or at least restore the livelihoods of all displaced peoples. There are very limited provisions to provide resettlement assistance and compensation to APs who loses access to non-land assets (e.g. Valuer Is ideally necessary to improve but at least restore livelihoods of all displaced people by a range of strategies targeted at displaced peoples. Requirement by ADB that APs are compensated for loss of non-land assets at full replacement cost. Measures will consist of building upon existing livelihoods to ideally provide for an improvement in in living standards or if impossible at least to restore them to pre-subproject levels. This Project relies on APs using their compensation payments to restore their own livelihoods because the impacts are relatively insignificant. Valuer-General was requested to provide an updated 2013 schedule for garden crops, food trees, and timber trees since late 2012 but has provided PPL with no schedule so PPL in consultation with other experts developed its own schedule. The Valuer-General has indicated that an Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 28

38 General has an outdated 2008 Schedule for a wide range of garden crops, food trees, and timber trees). There A is no requirement D for the monitoring B and assessment of resettlement outcomes. The ADB requires that these outcomes be monitored and assessed. updated schedule can be expected in December The M&E indicators prepared for this LA/RP will enable outcomes to be monitored including their impacts on living standards of APs and whether the objectives of the resettlement plan have been achieved by taking into account the baseline social and economic conditions based on the SES undertaken by PPL. The monitoring reports will also be disclosed to all APs. ii. Resettlement Policy Principles for the Project 53. PPL as the EA that has prepared this LA/RP unequivocally states that it will abide by national and local laws applicable to resettlement and the policy requirements of the ADB. Specifically PPL states that it will ensure affected landowners 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 will commit itself to in the Autonomous Region of Bougainville include: 54. Land acquisition and resettlement is not an issue in this sub project and land is being leased from the landowners together with the transfer of land from the Bougainville Islands Group Limited (BIGL) to the project. All these are catered for under a Lease Agreement (Annex VI). The main loss for the APs will be high value crops and other trees and vegetation. Several APs will lose infrastructure such as a house, schools, churches, trade stores and other infrastructure including fences and signboards and. Payment for this totaling K27, was paid on the 4 th December 2015 (Annex X). APs will also be consulted during the project cycle. This LA/RP has been updated with full participation of the APs. Effective mechanisms have been established for hearing and resolving grievances. 55. APs will receive compensation at replacement cost for their loss of productive assets and this should ensure they will be as well off if not better off than if the Project did not proceed. 56. All compensation has been paid to APs prior to the commencement of site clearance. Absence of formal title is not a barrier to compensation and assistance and particular attention will be paid to women and other vulnerable people. 57. Land lease via a PPL prepared Lease Agreement is part of the Project. Costs related to this form of involuntary resettlement will be included in and financed out of the Project cost as part of the overall investment made by PPL. 58. 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. iii. Principles and Methodologies for Determining Valuations and Compensation Rates 59. PPL recognizes that affected landowners and land-users are entitled to provide an estimate of the value of their land that will be leased and other productive assets that will be lost Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 29

39 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 areas. Compensation payable would have been based on the 2014 replacement cost schedule of the AValuer-General. D B 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 1i provides details of the PPL approach. iv. Replacement Cost Compensation Survey agreed by APs. 60. Due to the delay with the Valuer General s Tree Compensation Schedule, the PPL lands team has come up with a Replacement Cost Survey for compensation assessment which the ADB have required for compensation. ADB is more concern with the operations of the project to progress during the given period of time and therefore, if landowning communities around the project areas are not fully compensated for the damages that the project has caused on them would possibly affect the smooth running of the operation. 61. These are main issues that contributed to land compensation disputes and therefore PPL is working closely with the APs from each of the project areas of Ramazon HPP so that they are fully compensated based on fair and just terms and condition of both PPL and ADB. 62. The Replacement cost of the income-generating food trees and commercial crops will be assessed and valued using the replacement cost value with the productive life span of the particular plant. See Annex 1. v. Description of Land Acquisition Process 63. Based on the 1996 Land Act PPL in the Autonomous Region of Bougainville applied the following procedures when acquiring portions of land for transmission poles from customary landholders: 64. 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. 65. The state is then notified of why the land had been surveyed. PPL notified the Office of the President of the Autonomous Region of Bougainville of its intention to proceed with investigations for land acquisition. 66. The first step in acquiring the land begins and community consultations is carried out and information gathered is compiled into a Land Investigation Report. PPL has prepared a Land Investigation Report (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 Bonus Plantation). 67. 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 Bougainville 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. 68. This same report is also given to the Valuer-General in order for valuation of assets to be made. Unlike other LIRs this LIR was not sent to the Valuer-General because the Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 30

40 latter would not make a commitment to approve valuation of assets to be acquired and as pointed out elsewhere in this LA/RP it was decided by PPL to undertake its own valuation and secure the assent of APs. 69. Once feedback is received from the President s Office and the Valuer General, paper work needed to acquire the land begins. PPL will receive the valuation report and certificate A of alienability, raises checks and prepare purchase documents. The signed documents are D sent to the Office of the President in ARB for its concurrence although PPL is responsible for payment. B 70. The final step towards acquiring the land is negotiating with the communities on the price of the land that will be acquired. GoPNG may assist with this process should landowners reject the offer from the developers. PPL makes the offer to the landowners. The forms are executed and money is handed over in accordance with the requirements of the landowners. If rejected, it then goes to the Minister of Lands for a negotiated settlement. vi. Lease Agreement Process and MOAs 71. However this process to acquire land did not proceed. The landowners instead wanted to lease their land over a twenty five year period. Hence the process of negotiations began and several discussions were held until a lease agreement was signed with PPL and the landowners; Anake Muiipoa Incorporated Land Group (AMILG) in Annex VI. 72. A Memorandum of Agreement (MOA) between BIGL and ABG was also signed (Annex VII & VIII). A verification of the MOAs was undertaken and it noted that the agreements were signed in a mutual and beneficial atmosphere (Appendix IX).This process is now complete. I: ENTITLEMENTS, ASSISTANCE AND BENEFITS i. Affected Person s Entitlements and Eligibility 73. PPL has consulted with the affected clans and undertaken a detailed land survey and investigation of actual land ownership in coordination with the District Land Officers. (DLOs) 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. 74. 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 (DMS). 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. ID 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. 75. 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 DLO, this claim will be rejected. 76. Landowners and land users who have satisfied the DLO that they either have documented claims to the affected land and/or other productive assets or through the DLO 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 DLO 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. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 31

41 77. Eligibility and entitlement for compensation and other assistance is summarized in the following Entitlement Matrix: Table 9: Entitlement Matrix AType of Impact Entitled Person (s) Entitlements DPermanent Legal owner(s), including Bacquisition of land. customary landowners Temporary use of land. Permanent Clearance of Necessary Trees and other Vegetation Unforeseen or unintended impacts Informal settlers (e.g. on land acquired as part of ROW) with no legalize rights Legal owner(s) of land, including customary landowners Customary land owners and leaseholders if lease not expired prior to commencement of land clearance. Concerned persons displaced 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 project-affected land Landowners will be paid rent on terms negotiated between them and the contractor. 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. These will be determined as per the principles of this RP and ADB s Safeguard Policy. 78. It should be noted that the Entitlement Matrix attached as an Appendix to this LA/RP 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. Assistance to Vulnerable Groups 79. 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 Bougainville conflict. The ARB 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 LA/RP will requires that the successful contractor must undertake to employ at least one member from 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 that will be prepared for this Contract Package iii. Opportunities for Affected Persons to Derive Appropriate Development Benefits 80. There are a number of quantifiable and non-quantifiable development benefits for APs. Benefits include: Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 32

42 81. Employment opportunities: APs engaged by the contractors could receive a stable waged income over 18 months. 82. This could be an opportunity for APs to acquire some non-agricultural skills without having to leave the local community. A 83. Equal opportunities for Women: Women will be offered the same types of Demployment-based opportunities as men. They will also be able to actively participate alongside Bmen in other land acquisition-based activities. Such involvement of women could indirectly impact upon the structures of male domination in traditional PNG society. 84. Social risks associated with HIV and AIDS 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 AIDS that PPL will carry out in the area. 85. There will be opportunities to earn money from provide a range of goods and services to outside construction workers. 86. 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. J: RELOCATION OF PHYSICAL STRUCTURES 87. One house would need to be relocated about 200 meters from its current site. The owners have agreed to relocated their house and PPL will compensate the family for this relocation. An elementary school will also need to relocated 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. K: INCOME RESTORATION & REHABILITATION i. Possible Livelihood Risks 88. The possible livelihood risks have been identified elsewhere in this RP relate to the reliance of the ARB on plantation agriculture. Demand 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 palm oil trees APs will have the opportunity to diversify investment into other alternative livelihood-based activities. ii. Income Restoration Program 89. There are no APs requiring income restoration. At the DHPP site the APs will be compensated fairly for the acquirement of Land and loss of tree crops. 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. iii. Special Measures to Support Vulnerable Groups 90. 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 Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 33

43 to their safety and security than exist at present from clan and non-clan males. As stated elsewhere in this LA/RP the EMP contains measures to mitigate such social risks. iv. Specific Gender Considerations 91. PPL recognizes that specific gender considerations apply to all energy projects it A executes and manages. The measures proposed in this LA/RP to enhance the positive impact D of the Project on women APs and other women living in the Project area are as follows: B 92. Iterative consultations with women at all stages of the Project cycle and importantly in the preparation of the LA/RP. 93. Facilitating processes whereby women APs can lodge grievances with PPL and ultimately ADB if they are dissatisfied with any aspects of the LA/RP. 94. Ensuring that women APs are offered priority wage employment on the Project and are afforded equal pay and on-the-job training opportunities. 95. Addressing concerns women APs might have with safety and security issues in contexts where they have to relocate their gardening activities. 96. Ensuring that socio-economic data is gender disaggregated to analyze impacts at the intra-household and inter-household level. v. Suggested Training Programs 97. 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 during detailed design. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 34

44 L: RESETTLEMENT BUDGET & FINANCING PLAN i. Itemized Budget for Resettlement Activities A D 98. The budget for land acquisition activities has been determined through costs Bobtained from the Valuer General. The replacement costs for high value trees such as cocoa and coconut and the infrastructure has yet to be disclosed to APs because PPL is in the process of forging a common replacement cost index with an updated costing from the Valuer General. The only outstanding issue is whether PPL and the Ramazon landowners can reach an amicable agreement as to how much the land can be acquired for. As per the Due Diligence Report prepared by PPL, an agreement has to be reached and an MOA will be included as an Appendix to this LA/RP. 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. 99. APs from all the project affected areas have signed agreements with PPL during the consultation disclosure of the Land Acquisition & the resettlement Plan and have agreed that their planted valuable assets would be removed in response to the clearance operation of the Ramazon HPP. They were compensated on the 4 th December As per Table 11 the total estimate land acquisition budget is PGK3, 120, or US$884, (at November 2015 exchange rates). Table 11: Estimated Land Acquisition Budget Total land to be leased 5.376ha Customary Land Total land Gifted by BIGL to ABG ha Alienated Land/Freehold (BIGL) Total land belonging to ABG ha- Transmission Line Kokopau to Tearoki No of APs/HHs 2197 (Female:1068)(515 HH) Value of Land to be Leased (5.376) PGK10,000 per month (PGK3 mil for 25 years) Infrastructure (Houses, Trade PGK93, Stores, Fences, etc) Crops on the 5.376ha PGK27,000 Total Compensation and Other PGK3, 120, 000 (USD$884,520) Allowances Payable Total land to be leased 5.376ha Customary Land Source: PPL Calculations (November 2015) 101. This budget exceeds PPL estimates by more than two-thirds because PPL based its preliminary estimates on the PPTA that was accepted by the ADB but unfortunately the PPTA Consultants at the time did not undertake a realistic valuation of higher value trees. ii. Flow of Funds 102. 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. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 35

45 iii. Justification for Calculating Compensation Rates and Other Cost Estimates 103. Compensation rates have been based on a methodology prepared by PPL who decided not to use the Valuer-General s methodology because it would have generated compensation rates unacceptable to APs. iv. Sources of Financing A D 104. PPL is financially responsible for all resettlement activities as the ADB has not Bagreed to finance such activities. The contract signed between PPL and the Project Supervision Consultant includes four person months for the TA Resettlement Specialist of which four field visits totaling 20 person days has been spent in the actual Project area. PPL has devoted a total of six (6) person months to this specific Project and it is estimated that during implementation another three (3) person months will be provided by PPL specifically earmarked for LA/RP implementation including monitoring. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 36

46 M: INSTITUTIONAL AGREEMENTS i. Responsibilities and Mechanisms for Carrying out LA/RP 105. PPL will be both the Executing and Implementing Agency for this Project and it will Adelegate to PPL in the ARB to oversee day-to-day activities related to land acquisition and loss Dof other productive assets. These activities have included to date: B 106. Collaboration with and assistance to the District Land Officer to undertake their work to comply the Project s policies and ADB requirements Provision of resources, including where necessary PPL expertise or contracted expertise, to carry out the Inventory of Loss (IOL) and Detailed Measurement Survey (DMS) Collaboration with and assistance to the Provincial Land Officer and/or District 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 updated LA/RP prior to submission to the ADB for approval, ensuring that all matters related to land acquisition and other forms of compensation are complete and correctly reported upon. These activities will include: 111. 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 OPA, including the PLO and DLO will collaborate with PPL to plan, implement, and monitor land acquisition activities. The responsibilities include: 114. Undertake cadastral surveys of land required permanently for the Project and estimate the area of land required for temporary acquisition by the 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 Provincial Governor and/or Provincial Administrator are 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 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. ii. Institutional Capacity Building Program 119. During the PPTA it was concluded by PPL in Port Moresby that its staff who would be involved in implementing this LA/RP require more training in the ADB s social safeguard policies and procedures because this Project will be the first one to be implemented by PPL after Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 37

47 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 a LA/RP it was assessed that there would still be considerable room for improvement. A 120. A Lands Officer from PPL has been assigned within the PMU based in Port Moresby D to implement the LA/RP. This Lands Officer will be supported on a day-to-day basis by the B PPL Office in Buka. 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 will also provide consultancy support via a Safeguards Specialist to build capacity within PPL and local governments to prepare, implement, and monitor the LA/RP. iii. Role of Civil Society Groups 121. There are several civil society groups based in the ARB. These organizations include the United Nations, Oxfam, Care International and other local organizations. PPL however has yet to make contact with these NGOs to ensure that they are an appropriate organization to work with. 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 can be found in the ARB to undertake subsequent monitoring. iv. Involvement of Women s Groups in Resettlement Planning and Management 122. PPL is very mindful of the important role women who are affected by involuntary resettlement. Based on consultations during the preparation of this LA/RP and as per this LA/RP 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 ADB 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. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 38

48 N: IMPLEMENTATION SCHEDULE 123. The implementation schedule for land acquisition activities to (i) update the LA/RP; (ii) implement the LA/RP; and, (iii) monitoring activities is as follows: A D Table 12: Implementation Schedule B Activities Schedule Finalization of LA/RP Confirm land requirements based on detailed technical Completed design for Transmission Line 3 Prepare due diligence report on Ramazon HPP Facility Completed 3 Follow up consultations with affected communities and Completed agreement on lease agreement 5 Request Provincial Land Office to prepare LIR including Completed valuation of land and improvement) 6 Submission to the Office of Provincial Affairs for Certificate of Completed Alienability to be signed by the Secretary and Affected LLGs 8 PPL prepares the LA/RP in consultation with landowners, Completed including agreement on compensation rates and discloses updated RP 9 PPL uploads the LA/RP to its website submits same for Month 7 approval and uploading on the ADB website 10 ADB issues no-objection to the RP Month 8 Land Acquisition/Resettlement Plan Implementation 13 Payment of compensation and allowances by PPL to APs Month 9 & PPL submits to ADB the Land Acquisition Completion Report Month Award of civil works contract Month Clearance of acquired land (both leased and owned) Month 13 & Commencement of civil works (contingent on 100% of Month 15 compensation and allowances being paid) 18 Payment of adjusted compensation, as required, for unforeseen damages and losses Monitoring Plan 19 PPL establishes AP socio-economic baseline Month PPL submits progress report to ADB on implementation of Six Monthly the LA/RP 21 PPL conducts post-land acquisition survey and final Month 33 monitoring report Actual Month of Damage Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 39

49 O: MONITORING & REPORTING 124. 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 Aand procedures for land acquisition; (ii) prompt approval, allocation and disbursement of Dcompensation payments to APs, including if necessary supplemental compensation for Badditional and/or unforeseen losses; and, (iii) remedial actions, as required The monitoring will also cover the social impacts of the transmission line 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 drafted 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 draft monitoring and evaluation indicators are as follows: Table 13: Draft Monitoring and Evaluation Indicators Type of Indicator Indicator Examples of Variables Staffing Process Indicators Output Indicators Impact Indicators Consultation, Participation, and Grievance Resolution Procedures in Operation Households Structures Economic Trees and Crops Assistance to DPs Household Capacity Earning Special Assistance to Women 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 Coordination between PMU and GoPNG agencies, project supervision consultants, and civil society groups 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 (if required) 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 Increase in ownership of household Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 40

50 Other Indicators Livelihood assets Increased access to schooling and health services Increase in visits by GoPNG service providers A 126. PPL will prepare and submit semi-annual progress reports to ADB as part Dof project performance monitoring. PPL will also submit a subproject land acquisition completion Breport to ADB when compensation has been paid PPL is committed to ensuring best practices in accountability and transparency during the implementation of this Project but as argued elsewhere in this LA/RP 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. Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 41

51 P: ANNEXES Annex I: Replacement Cost Survey A DAnnex II: Project Information Bulletin B Annex III: Consultation Notices Annex IV: Meeting Minutes Annex V: Master List Annex VI: Lease Agreement between PPL and AMIGL Annex VII: MOA between BIGL and ABG Annex VIII: BIGL Clarification on MOA Annex IX: Ramazon Third Party Verification Report Annex X: Crop Compensation Payment Land Acquisition & Resettlement Plan (LA&RP) for Ramazon HPP ARB PNG December 2015 Final - Updated by PPL 42

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