normal template - documents & reports - all documents...

96
THE UNITED REPUBLIC OF TANZANIA Regional Communications Infrastructure Program (RCIP) Phase 3 DRAFT Environmental and Social Management Framework E2131 V2

Upload: doandang

Post on 18-Apr-2018

216 views

Category:

Documents


2 download

TRANSCRIPT

THE UNITED REPUBLIC OF TANZANIA

Regional Communications Infrastructure Program (RCIP)

Phase 3

DRAFT

Environmental and Social Management Framework

March 2009

E2131V2

ENVIRONMENTAL RESOURCES MANAGEMENT RCIP ESMFII

CONTENTS

ABBREVIATIONS 3

1 PROJECT DESCRIPTION 5

1.1 DESCRIPTION OF RCIP TANZANIA (RCIPTZ) 51.2 APPLICABLE WORLD BANK SAFEGUARD POLICIES 61.3 OBJECTIVE OF THE ESMF 8

2 RCIP IMPLEMENTATION ARRANGEMENTS 9

2.1 REGIONAL COORDINATION 92.2 INSTITUTIONAL AND IMPLEMENTATION ARRANGEMENTS FOR TANZANIA 10

3 APPLICABLE INTERNATIONAL BEST PRACTICE FOR ENVIRONMENTAL MANAGEMENT IN THE TELECOMMUNICATIONS SECTOR 11

3.1 TELECOMMUNICATIONS INFRASTRUCTURE 113.2 ENVIRONMENTAL IMPACTS 153.3 SOCIAL IMPACTS 173.4 ENVIRONMENTAL AND SOCIAL MONITORING 183.5 PUBLIC CONSULTATION AND COMMUNICATION 18

4 LEGISLATIVE, REGULATORY AND INSTITUTIONAL FRAMEWORK19

4.1 LEGISLATIVE REQUIREMENTS FOR ENVIRONMENTAL MANAGEMENT 194.2 LEGISLATIVE REQUIREMENTS FOR TELECOMMUNICATIONS SECTOR 204.3 INSTITUTIONAL ARRANGEMENTS FOR THE TELECOMMUNICATIONS AND

ENVIRONMENTAL SECTOR IN TANZANIA 214.4 GAP ASSESSMENT OF LEGISLATIVE STRUCTURE AND RECOMMENDATIONS244.5 POSITIVE ENVIRONMENTAL IMPACTS AND SOCIOECONOMIC BENEFITS 264.6 POTENTIAL NEGATIVE ENVIRONMENTAL AND SOCIAL IMPACTS 274.7 POTENTIAL OCCUPATIONAL, HEALTH AND SAFETY RISKS 284.8 ENVIRONMENTAL AND SOCIAL MONITORING 28

5 SUB-PROJECT SCREENING, REVIEW AND APPROVAL 37

5.1 IMPLEMENTING AGENCY 375.2 SCREENING AND REVIEW PROCESS 375.3 APPRAISAL AND MONITORING PROCESS 40

6 ACTION PLAN FOR IMPLEMENTATION OF EMPS 43

6.1 IMPLEMENTATION GUIDELINES FOR AN EMP 43

DRAFT 1 RCIP TANZANIA

7 PUBLIC CONSULTATION AND DISCLOSURE PROCESS 46

7.1 PROCESS FOR PUBLIC CONSULTATION IN THE ESMF 467.2 PROPOSED DISCLOSURE PLAN 46

8 CAPACITY BUILDING RECOMMENDATIONS 48

8.1 STRENGTHENING OF PROJECT CAPACITY FOR IMPLEMENTING THE ESMF48

9 PROPOSED BUDGET 50

10 ANNEX 1: IFC’S EHS GUIDELINES FOR TELECOMMUNICATIONS51

11 ANNEX 2: IFC’S GENERAL OCCUPATIONAL, HEALTH, AND SAFETY GUIDELINES 101

12 ANNEX 3: SCREENING FORM 116

13 ANNEX 4: WORLD BANK SAFEGUARD POLICY OP 4.01 120

14 ANNEX 5: TERMS OF REFERENCE FOR ESIA 130

15 ANNEX 6: EXAMPLE OF ENVIRONMENTAL CONTRACT CLAUSES132

16 ANNEX 7: FORMAT OF AN ANNUAL ENVIRONMENTAL REPORT136

17 Annex 8: terms of reference for an emp 137

DRAFT 2 RCIP TANZANIA

ABBREVIATIONS

AFOM French Association of Mobile Phone OperatorsAPL Adaptable Program LoanCAGR Compound Annual Growth RateCFCs chlorofluorocarbonsCIP Communications Infrastructure ProjectDEC District Environmental CommitteesDRC Democratic Republic of the CongoEA Environmental assessmentEABs East Africa Backbone Operators AssociationEASSy Eastern Africa Submarine SystemEBRD European Bank for Reconstruction and DevelopmentEIA Environment Impact Assessment EIS Environmental impact statementEMF Electric and Magnetic FieldsEMP Environmental Management Plan ENRM Environment and Natural Resources ManagementEPA Environmental Protection ActEPPC Environmental Pollution and Protection CouncilESIA Environmental and Social Impact AssessmentESMF Environmental and Social Management FrameworkFAA Federal Aviation AdministrationHSGIC Heads of State and Government Implementation CommitteeIBRD International Bank for Reconstruction and DevelopmentICNIRP International Commission on Non-Ionizing Radiation Protection ICT Information and Communication TechnologyIDA International Development AgencyIFC International Finance CorporationIXPs Internet Exchange PointsLNG Liquefied natural gasMbit megabitMET Ministry of Environment and TourismMICOA The Environmental Action Coordination MinistryMPSCS Michigan Public Safety Communications SystemMTENR Ministry of Tourism, Environment, and Natural ResourcesNEMA National Environmental Management AuthorityNEMC National Environment Management CouncilNEPAD New Partnership for Africa’s DevelopmentNGO Non-governmental OrganizationNICI National Information and Communication InfrastructureNTP National Telecommunications PolicyOHS Occupational health and safetyPIU Project Implementation UnitPPP Public-Private Partnership PTC Postal and Telecommunications CorporationRAP Resettlement Action PlanRCIP Regional Communications Infrastructure ProgramROW Right-of-WayRPF Resettlement Policy FrameworkSATA Southern Africa Telecommunications AssociationSEA Swaziland Environment AuthoritySPTC Swaziland Postal and Telecommunications CorporationTCC Tanzania Communications CommissionToR Terms of ReferenceUSFWS U.S. Fish and Wildlife Service

DRAFT 3 RCIP TANZANIA

1 PROJECT DESCRIPTION

The World Bank is embarking on a 10-year, multi-country Regional Communications Infrastructure Program (RCIP) to assist Eastern and Southern African countries in implementing a strategy of effective connectivity by offering technical assistance to promote further sector liberalization and resolve market efficiency gaps; financing coordinated backbone deployment to avoid redundant infrastructure initiatives and focus on missing links; designing public-private partnership (PPP) arrangements to leverage private sector investment; and supporting the development of e-government applications and content to complement the deployment of the regional infrastructure.

The first Phase, approved by the World Bank Board of Directors in March 2007 and initiated in mid-2007, includes country-specific projects in Kenya, Burundi, and Madagascar, for a total of US $164.5M. The second Phase of the program includes a country-specific project in Rwanda. Phase 3 covered by this framework includes Tanzania, Malawi, and Mozambique. Subsequent phases are expected to include Eritrea, Democratic Republic of the Congo (DRC), Lesotho, and Uganda, depending on their readiness. Other countries may also request to join. Overall, the program is open to Angola, Botswana, Burundi, Comoros, DRC, Djibouti, Eritrea, Ethiopia, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Seychelles, Somalia, South Africa, Sudan, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe, provided these countries are eligible for IDA or IBRD financing.

1.1 Description of RCIP Tanzania (RCIPTZ)

The proposed third phase of RCIP covers Tanzania, Malawi, and Mozambique. This document relates to the RCIP program activities in Tanzania (RCIPTZ).

The long term development objectives of RCIPTZ are (i) to contribute to lower prices for international capacity and extend the access to ICT services within Tanzania (the connectivity development objective); and (ii) to contribute to improved government efficiency and transparency through eGovernment (the transparency development objective).1. Component 1 – Enabling Environment (US$17 million). This component will provide support in the form of technical assistance (TA) and capacity building in order to strengthen the policy and regulatory environment and promote further sector reform so as to maximize benefits from access to international capacity.

2. In the area of connectivity the following activities will be supported: (i) Strengthening of the ICT policy making capacity at the Ministry of Communications, Science, and Technology (MCST); (ii) Capacity building for the Tanzania ICT Body; (iii) TA for development and implementation of the Universal Access strategy; (iv) TA for design of contracts for pre-

DRAFT 4 RCIP TANZANIA

purchase of capacity on the submarine cable(s); (v) Capacity building and certification of trainers (“training the trainers”) to enhance ICT use within the Government of Tanzania (GoT) through an ICT HR development program; (vi) Capacity building to deal with changing environment and fast technology evolution in areas such as cost-modeling, interconnection, regulatory tools to guarantee open access to national and international infrastructure, essential facility regulation, competition policy and regulation, spectrum and other scarce resource management; and (vii) Capacity building and technical support for the development and implementation of the National ICT Infrastructure Development Program.

3. The following activities will be supported in the area of eGovernment: (i) TA for drafting e-legislation and its corresponding regulatory framework; (ii) TA on the feasibility of Public Private Partnerships (PPP) model for the implementation of eGovernment applications; (iii) TA for pre-feasibility and feasibility studies, development of bidding documents, and support during procurement, contracting and implementation of eGovernment applications; (iv) Preparation of bidding documents for the Government Communications Network; (v) eGovernment capacity building and communications support at Government institutions; and (vi) TA for assessment of capacity building requirements for the IT/ITES industry.

4. In addition, the following activities will be supported: (i) Capacity building in the area of Monitoring and Evaluation (M&E); (ii) Environmental and social studies consistent with the technical specification and timeframe provided by ESMF and RPF; and (iii) Additional technical assistance and capacity-building not identified ex-ante.

5. Component 2 – Connectivity (US$60 million). This component will provide additional funding for the National ICT Infrastructure Development Program in Tanzania through the following subcomponents: (i) Support for pre-purchase of international bandwidth for priority targeted user groups (US$10 million); (ii) Financing for equipment for a virtual Government Communications Network (US$20 million); and (iii) Support for the extension of coverage and access to ICT services in rural areas using PPP arrangements (US$30 million). This component will also cover implementation of recommendations stemming from the relevant environmental studies.

6. Component 3 – eGovernment Applications (US$19 million). This component will include support for implementation of targeted eGovernment applications such as: (i) National Business Portal; (ii) Telemedicine System for the National Muhimbili Hospital; (iii) Scaling up the National Vital Registration System; (iv)  Enhancing Accessibility of Land Records; (v) e-Procurement Pilot for the Medical Stores Department; and (vi) additional applications to be implemented.

7. Component 4 – Project Management Support (US$4 million). This component will consist of support to finance project management related issues including project coordination, procurement, financial management, monitoring & evaluation, project communication, and environmental and social safeguards. Other expenses under this component will include office equipment, incremental operating costs, and audits.

DRAFT 5 RCIP TANZANIA

1.2 Applicable World Bank Safeguard Policies

The physical components of the RCIPTZ will mostly be limited to the rollout of access networks in rural areas and of construction of a government network. The risks associated with this kind of infrastructure are generally low, and the RCIPTZ therefore rates as environmental category B under OP 4.01. Land acquisition for terrestrial facilities (if any) might be needed for facilities. However, these are likely to be existing telecom-related buildings and therefore not likely to require involuntary resettlements. They are also the type of facilities that are continually being developed in Tanzania by the existing operators and therefore fall within the existing environmental protection framework for network development. Based on the foreseen set of activities under RCIPTZ, the triggering of OP 4.04 - Natural Habitats and OP 4.11 - Physical Cultural Resources is not expected. The potential application of these safeguards will be reviewed again during the implementation of the project prior to rolling-out of the activities and if likely to be triggered appropriate measures will be carried out in line with those defined in Chapter 5.4 (Table 5.1) of this Environment and Social Management Framework (ESMF).

The two main World Bank safeguard policies triggered are the OP 4.01 for Environmental Assessment and OP 4.12 for Involuntary Resettlement, as explained below. Other safeguards might be triggered if the project design does not take into consideration the recommendations outlined in this Environmental and Social Management Framework (ESMF) and in the associated Resettlement Policy Framework (RPF).

Yes If applicable, how might it apply?[x ] Environmental Assessment (OP/BP/GP 4.01)

The project aims to finance structures such as the construction of ducts for laying the fiber optic networks or from the construction of ancillary infrastructure, notably access roads, associated with towers for microwave links and rural wireless systems. Financing of submarine cables is not foreseen.The risks associated with this kind of infrastructure are generally low, so the project is assigned to environmental category B under OP 4.01. An ESMF (this document) was prepared. Specific costed Environmental Management Plans (EMP) will be prepared as necessary for the terrestrial facilities, in line with this document, once the exact locations of those facilities have been identified. This document was reviewed by the World Bank and will be publicly disclosed in Tanzania and InfoShop prior to appraisal.

[ ] Natural Habitats (OP/BP 4.04)It is not anticipated that natural habitats and/or protected areas could be affected by the proposed activities. Sub-projects proposed under the RCIP will be screened for impacts prior to financing to avoid and minimize any potential impacts on natural habitats or areas of ecological importance. If impacts may occur, however, an EMP will be prepared that would outline the necessary measures needed to mitigate and address them (in line with the mitigating measures defined in Chapter 5.4 – Table 5.1).

[ ] Pest Management (OP 4.09)[ ] Cultural Property (OP 4.11)

DRAFT 6 RCIP TANZANIA

RCIP is not anticipated to result in impacts to cultural property in Tanzania and therefore does not trigger the policy.. Mitigation clauses for avoiding potential impacts will be inserted into the civil works contracts to ensure that the necessary measures are in place during the construction and operational phase of the projects (in line with the mitigating measures defined in Chapter 5.4 – Table 5.1).

[x] Involuntary Resettlement (OP/BP 4.12)Land acquisition for terrestrial facilities will likely trigger OP 4.12 Involuntary Resettlement considerations. However, in the case of Tanzania, land acquisition for terrestrial facilities (if any) are likely to be existing telecom-related buildings and therefore not likely to require involuntary settlements. A Resettlement Policy Framework (RPF) was prepared. Specific costed RAPs will be prepared as necessary for the terrestrial facilities, in line with the RPF, once the exact locations of those facilities have been identified. The RPF was submitted for World Bank review and will be publicly disclosed in Tanzania and InfoShop prior to appraisal.

[ ] Indigenous Peoples (OP 4.10)As RCIP will cover a range of countries, some of which contain a number of ethnic and minority groups, it is important that the ESMF and RPF provide the institutional and applicable guidelines needed to safeguard the rights and livelihoods of these groups. The ESMF and RPF will outline the tools and mechanisms for undertaking EIAs and RAPs and the proposed measures needed to involve these groups in the consultative process. It is suggested that sub-projects not be financed where such groups are located. It should be noted that this policy is not triggered in the case of Tanzania.

[ ] Forests (OP/BP 4.36)[ ] Safety of Dams (OP/BP 4.37)[ ] Projects in Disputed Areas (OP/BP/GP 7.60)[ ] Projects on International Waterways (OP/BP/GP 7.50)

1.3 Objective of the ESMF

The objective of this ESMF is to ensure that the implementation of RCIPTZ is carried in an environmentally and socially sustainable manner. ESMF aims to provide clear guidelines and mitigation measures, so, as to avoid, manage or minimize potentially negative environmental and social impacts associated with RCIPTZ activities, specifically to:

Identify and assess the potential social and environmental impact of the proposed Project on different livelihood sources;

Specify appropriate roles and responsibilities and outline the necessary reporting procedures for managing and monitoring environmental and social concerns, and

Establish clear directives and methodologies for the environmental and social screening of project activities that will be supported under RCIPTZ.

The frameworks will include criteria for the selection of sites for the construction activities of the projects under the Program and for the design of environmental and social impact mitigation measures. EMPs and RAPs will be required for any subproject that triggers the OP 4.01 and OP 4.12, in accordance with the relevant local legislation, for Tanzania.

DRAFT 7 RCIP TANZANIA

DRAFT 8 RCIP TANZANIA

2 RCIP IMPLEMENTATION ARRANGEMENTS

2.1 Regional coordination

The overall connectivity initiatives in Eastern and Southern Africa need to be managed and coordinated both at national and regional levels. They also need to be coordinated with regard to activities financed by the World Bank Group as well as with activities privately funded, directly funded by governments, or funded by other development partners. The regional coordination is particularly relevant to ensure seamless connectivity, harmonize policy frameworks, and increase scale economies. The ultimate objective of the World Bank Group and its development partners is to support several projects aimed at linking Eastern and Southern African countries to one another and to the rest of the world by 2010.

In this context, it is important to manage and keep track of ongoing national and cross-border infrastructure roll-outs and the harmonization of policy frameworks so that national policy frameworks converge towards a harmonized policy framework. Considerable work has already been done in getting different governments to coordinate national programs, with some activities financed by the World Bank Group and other donors. It is also likely that existing convening frameworks will continue to be used. These include:

Government policy forums under the African Union sponsorship: policy forums are regularly convened for the ICT sectors at the Ministerial level for policy decisions or at the technical level for policy development. This also includes activities carried out by the New Partnership for Africa’s Development (NEPAD) eAfrica Commission (based in South Africa).

Operators’ forums under the EASSy, East Africa Backbone operators’ association (EABs), and Southern Africa Telecommunications Association (SATA). The EASSy and EABs initiatives have led to regular discussion and coordination between operators driven by the desire to accelerate infrastructure roll-out.

All-stakeholders meetings and the joint Government/Operators/Development Financial Institutions Task Force.

With the exception of the NEPAD eAfrica Commission meetings, most of the above convening/coordinating activities have not needed donor financing: we expect this to continue. NEPAD eAfrica Commission activities have been supported with various grants, including a grant from PPIAF. Other donors are currently contributing to its financing. Any additional World Bank Group-related trust funds may be subject to increased efforts by the Commission to broaden the consensus (including with telecom operators) around its regional ICT infrastructure-related activities.

DRAFT 9 RCIP TANZANIA

It is expected that these convening frameworks will continue to be used for overall coordination, monitoring of progress in policy harmonization, and monitoring of progress in the roll-out of cross-border infrastructure.

2.2 Institutional and implementation arrangements for Tanzania

The primary implementing agencies for RCIPTZ will be the Ministry of Communications, Science, and Technology (MCST) and PO-PSM. MCST is considering the establishment of an agency, tentatively named ICT Body, charged with the mandate to implement publicly funded ICT projects. If and when established, the National ICT Body might take over responsibility for the implementation of certain activities under RCIP Tanzania. PO-PSM and the eGovernment Executive Agency (currently being established) will be responsible for the implementation of the eGovernment component. PO-PSM will be responsible for the preparation and implementation of eGovernment related activities financed under RCIPTZ till the eGovernment Executive Agency is established. In connection with the implementation of the National ICT Backbone Network, MCST formed a Steering Committee (SC) and a Technical Team for project implementation. This structure will be responsible for ensuring that all publicly funded ICT projects in Tanzania including RCIPTZ meet their overall objectives. SC will meet monthly to discuss progress of project implementation and make necessary decisions and approvals.

DRAFT 10 RCIP TANZANIA

3 APPLICABLE INTERNATIONAL BEST PRACTICE FOR ENVIRONMENTAL MANAGEMENT IN THE TELECOMMUNICATIONS SECTOR

This inventory of international best practice for managing potential environmental and social impacts in the telecommunications sector is designed to serve as a guideline for sustainable solutions that telecommunications operators can implement to avoid, minimize, and mitigate potential environmental and social impacts caused by the telecommunications facility construction, operation, and maintenance.

The inventory covers the following areas: Management measures for preventing, minimizing, and mitigating

potential environmental, health, and safety impacts associated with the telecommunications sector (i.e., impacts to natural habitat, migratory birds, and landscape aesthetics);

Management of the telecommunications facilities and their potential effects on the environment (i.e., air emissions, hazardous materials management, and waste); and

An overview of the potential risks of electromagnetic waves to human health.

3.1 Telecommunications Infrastructure

3.1.1 Site Selection for Towers

The site selection process provides the greatest opportunity to prevent or minimize potential environmental impacts from telecommunications towers. Locating towers on steep slopes or ridges that require access roads up very steep slopes should also be avoided because of potential erosion risks associated with the roads. Consideration should also be given to the visual impact of towers on the landscape and efforts should be made to site towers to reduce visual impacts or use existing infrastructure to install transmission and reception devices (e.g., antennae).

The site selection process should endeavor to avoid sites that are important and/or protected natural areas or habitats (e.g., wetlands, nature reserves, national parks). Tower siting is typically permitted in Protected Areas; however, such sitings are generally subject to special approval by the relevant Ministries and must comply with stricter conditions. Two case studies, from Australia and France, illustrating how telecommunications facilities are managed in protected areas are provided in Box 3.1.

Geography and topography greatly influence the locations of bird migration routes and the movements and habitats of other species. Bird migration paths typically follow major landscape features such as coastlines, mountain ridges, and river corridors. The USFWS Guidelines recommend that towers should not be sited in or near wetlands, other

DRAFT 11 RCIP TANZANIA

known bird concentration areas, known migratory or daily movement flyways, or the habitat of threatened or endangered species. Also, towers should not be located in areas with a high incidence of fog, mist, and low cloud cover. Migratory birds typically travel at night and are far more likely to crash into towers under foggy or low cloud ceiling conditions (see Lighting below).

Box 3.1 Managing Telecommunications Facilities in Protected Areas

DRAFT 12 RCIP TANZANIA

3.1.2 Tower Co-location/Sharing and Siting

The first principle to be applied by operators when considering the siting of new telecommunications tower facilities is to locate the new equipment on existing structures. Co-location of antennae on existing towers or other structures is standard practice in the United States and

DRAFT 13 RCIP TANZANIA

France, National Charter on Environmental Recommendations between State and Mobile Phone Operators A National Charter on Environmental Recommendations was signed by the Government and the three national operators (July 12, 1999). It divides the country into four distinct categories: ‘Regular areas’ with no special attributes, regulated by common law; ‘Areas under surveillance’ (e.g., with protected historical sites, vulnerable species) ‘Landscape areas,’ some parts of which are of high environmental value and may be protected by the State; and ‘Protected areas.’The Charter assigns different levels of obligation for each of the above-mentioned categories to operators that want to site towers. Towers in protected areas can only be installed on an exceptional basis and are highly regulated. Their environmental footprint must be minimal and they must be integrated into the scenery. Reference: National Charter on Environmental Recommendations between the State and Mobile Phone Operators (July 12, 1999), France.

Australia, National Parks and Wildlife ActThe National Parks and Wildlife Act of 1974 states that the Minister for the Environment, Heritage and Local Government may authorize installation of telecommunications facilities in National Parks, provided that the following conditions are met: “There is no feasible alternative site for the proposed telecommunications facility concerned on land that is not reserved under this Act, and The site of any proposed above ground telecommunications facility covers the minimum area possible, and The proposed telecommunications facility is to be designed and constructed in such a manner as to minimize risk of damage to the facility from bushfires, and The site and construction of the proposed telecommunications facility have been selected, as far as is practicable, to minimize the visual impact of the facility, and If feasible, an existing means of access to the proposed site of the lease, license, easement or right of way is to be used, and The proposed telecommunications facility is essential for the provision of telecommunications services for land reserved under this Act or for surrounding areas to be served by the facility, and The telecommunications facility is to be removed and the site of the facility is to be restored as soon as possible after the facility becomes redundant (for example, due to advances in technology), and The site of the proposed telecommunications facility has been selected after taking into account the objectives set out in any plan of management relating to the land concerned, and The proposed telecommunications facility is, if feasible, to be co-located with an existing structure or located at a site that is already disturbed by an existing lease, license, easement or right of way on the land concerned.”Reference: National Parks and Wildlife Act, Australia, 1974.

Europe to reduce the need for new towers and minimize environmental and visual impacts. In France, 80% of the new antennae in 2004 were situated on existing structures; only 20% of antennae necessitated construction of new infrastructure. Co-location is in the business interests of operators, as it reduces costs and maintenance burden.

The most common existing support structures for antennae and related equipment are billboards, water towers, utility poles, and buildings. In certain U.S. and Canadian cities, operators must prove that a new tower is needed and that there are no suitable co-location options. For example, the Policy for Telecommunications Towers for the City of Surrey, Canada, requires all applicants for freestanding telecommunications structures to “identify any other structure within a radius of 1,640 feet of the proposed location and to provide reasons why other existing structures within that radius are not acceptable for use.” Due to this factor, carriers build new towers only when there are no other suitable options.

In the United States and Canada, certain zoning laws require future co-location options for new antenna. It is, therefore, best practice for local authorities to require every new freestanding tower to be designed and constructed to optimize future co-location functionality. It should be noted, however, that there may be complexities in applying such a requirement given the potential range of technical requirements that must also be met (e.g., distance requirement between each antenna on the same tower).

3.1.3 Tower Design and Landscaping Criteria

New technologies and materials can minimize the visual impacts of towers, antennae, and supporting structures. For new freestanding towers, the following best practice is recommended:

The visual impact of the lower portions of towers can be mitigated by either building shelters in the local architectural style or establishing plant screens. In cases where plant screens are to be installed, attractive native species should be utilized.

In rural areas, towers and antennae can be camouflaged or disguised by constructing masts or towers that look like trees, as well as “hidden” in architecture (e.g., church steeples and bell towers).

For new antennae, the following best practice used by the French Association of Mobile Phone Operators (AFOM) is relevant:

Using colors and materials that resemble that of the existing structure on which the antennae is being built helps harmonize the antennae with its surrounding environment;

Preserving the local architecture style; Taking into account the existing shapes and buildings in the area

where the antennae will be built (e.g., respecting vertical lines in a city);

DRAFT 14 RCIP TANZANIA

Operators should avoid using mechanical “tilts” to direct radio waves towards the zones to be covered (that are visible), instead using electrical “tilts” to direct the radiation, minimizing visual impacts; and

When constructing new antennae on water towers, the three main operators in France have agreed to either place the new antennae on the side wall so that the new antennae merges with the side of the water tower; or install the new antennae on a mast placed on the top center of the water tower. This unique approach minimizes the visual impact to the maximum extent possible.

In France, the AFOM and French Association of Mayors, representing village and city mayors, have agreed since 2003 to follow a guide of best practices when constructing new towers for antennae. This guide provides framework, process, and techniques and approaches for operators and mayors or local authorities to work together to minimize visual impacts of towers and antennae.

3.1.4 Tower Height

Several studies in the U.S. positively correlate the greater height of freestanding towers to higher bird mortality. The results from Gehring (2004)2 in particular document this relationship. The USFWS Guidelines recommend that: “If co-location (e.g., the installation of antennae on existing structures) is not feasible and a new tower or towers are to be constructed, communications service providers should be strongly encouraged to construct towers no more than 199 feet (or 60.70 meters) above ground level (AGL).”3

In some cases, however, various technical and service factors may call for towers in excess of 60 meters, such as population density in the service area; the propagation characteristics of radio signals at different frequencies on the radio spectrum; and the size of the target service area. Different types of wireless services also have different technical and construction requirements. The United Kingdom Policy Guidance on Telecommunications states that “Authorities will need to ensure that they have before them all the relevant planning information, including details of any related mast proposals and of how the proposal is linked to the network, to enable applications to be properly considered.”4

In a number of countries, local legislation regulates the maximum height authorized for new freestanding towers in cities. Telecommunications policies, protocols, or general development policies in Canada set maximum tower height (e.g., 12 meters in the case of the City of Surrey, Canada, and 30 meters in the City of Guelph, Canada). New freestanding telecommunications tower proposals that exceed the maximum height are required to apply for a variance, which may or may not be granted5.

2An avian collision study plan for the Michigan Public Safety Communications System (MPSCS), Central Michigan University, Gehring, 2004.

3 Service Interim Guidelines for Recommendations on Communications Tower Siting, Operations, and Decommissioning, United States Fish and Wildlife Service, 2000.

4 Planning Policy Guidance on Telecommunications, United Kingdom Department for Communities and Local Department, 2001.

DRAFT 15 RCIP TANZANIA

3.1.5 Guy Wires

Guyed towers cause higher mortality among birds than guyless towers due to increased surface area for potential collisions. The Gehring study reports that guyed towers kill close to ten time more birds than non-guyed towers6. The USFWS Guidelines encourage “using construction techniques which do not require guy wires (e.g., a lattice structure, monopole).”

The USFWS recommends that “Tower designs using guy wires for support which are proposed to be located in known raptor or water bird concentration areas or daily movement routes, or in major diurnal migratory bird movement routes or stopover sites, should have daytime visual markers on the wires to prevent collisions by these diurnally moving species.” Daytime wire marking devices include marker balls, swinging plates, bird flight diverters, spiral vibration dampers, or other visible devices placed in various configurations depending on the line design and location.

3.2 Environmental Impacts

3.2.1 Protected Areas

Telecommunications infrastructure installation must be avoided in natural protected areas. In cases where construction of infrastructure in protected areas is necessary, it is recommended that a payment for environmental services be required. This payment should be used to strengthen the management and protection of natural protected areas or protect an area with similar environmental characteristics in another location. The revenues for this type of project must be administered by the entity in charge of protected areas and involve academic and research entities.

3.2.2 Lighting

Lights on towers and supporting infrastructure are likely the most important factor in bird mortality. Most migratory birds fly at night to avoid predators and are attracted to and/or disoriented by the lights, resulting in greater mortalities. This phenomenon is exacerbated on foggy or very low cloud ceiling nights, as the fog/mist further diffuses the light.

The USFWS recommends that “If taller (>60 meters of 199 feet AGL) towers requiring lights for aviation safety must be constructed, the minimum amount of pilot warning and obstruction avoidance lighting required by the Federal Aviation Administration (FAA) should be used. Unless otherwise required by the FAA, only white (preferable) or red strobe lights should be used at night, and these should be the minimum

5 City of Surrey, Canada, Policy for Telecommunication Towers, 2002, http://www.fcm.ca/english/documents/surrey.pdf

6 Scientific Basis to Establish Policy Regulation Communications Towers to Protect Migratory Birds, Land Protection Partners, 2005.

DRAFT 16 RCIP TANZANIA

number, minimum intensity, and minimum number of flashes per minute (longest duration between flashes) allowable by the FAA. The use of solid red or pulsating red warning lights at night should be avoided. Current research indicates that solid or pulsating (beacon) red lights attract night-migrating birds at a much higher rate than white strobe lights. Red strobe lights have not yet been studied.”

Lighting towers is necessary when the towers are close to airports. Another impact avoidance strategy is to avoid or minimize the construction of new towers near airports or other areas where aviation activities would require lighting for public safety (i.e., the strategy in such locations should be to install necessary antennae on existing towers or other existing infrastructure - see below).

3.2.3 Air Emissions

In this sector, air emissions are caused mainly by the use of diesel-fueled emergency backup power generators, service vehicles, and cooling and fire suppression systems.

Generally, the backup generators used are small and air emissions low; however, the use of a generator as a permanent source should be avoided. In the United States, the use of cleaner-burning liquid natural gas (LNG) (e.g., bottled gas or propane) is recommended instead of diesel when size allows.

Regarding the cooling and fire suppression systems, best international practice recommends against the use of chlorofluorocarbons (CFCs) and halons. If the substitution is not possible, CFCs and halons should be managed by trained and certified personnel.

3.2.4 Hazardous Materials Management

The construction and operation of telecommunications infrastructure typically requires minimal use of hazardous materials; however, backup power systems such as batteries and emergency generators may require the handling and storage of certain hazardous materials (e.g., optical fibers, batteries, fuels, lubricating oils, and grease) that require special management measures.

Batteries often contain sulfuric acid. Best practice recommends managing the disposal of spent sulfuric acid batteries (from storage to final disposal) as a hazardous material and waste. Another option is to use batteries that do not contain sulfuric acid. This solution is more expensive but presents fewer risks.

Spill prevention control and countermeasure plans and procedures are required to ensure the safe management of fuel and other hydrocarbon and chemical storage associated with the operation of backup generators. Best practice recommends secondary containment and overfill prevention.

DRAFT 17 RCIP TANZANIA

3.3 Social Impacts

3.3.1 Indigenous Peoples

The development of infrastructure in indigenous peoples’ territories may constitute a risk for the customs and cultural traditions of these populations. The construction projects and the presence of workers in their territories can affect their customs and lifestyle, with a subsequent loss of identity.

3.3.2 Noise

Backup power generators are the main source of noise of telecommunications towers. Noise pollution can be minimized by locating the equipment in non-residential areas and using noise suppression shields and mufflers.

3.3.3 Occupational Health and Safety

Occupational health and safety hazards may occur during construction, maintenance, and operation of telecommunications facilities, and must be carefully managed. The occupational health and safety hazards include the following: Electrical safety Electromagnetic fields (EMFs) Optical fiber safety Elevated and overhead work Fall protection Confined space entry Motor vehicle safety

In particular, prevention and control measures must ensure that only trained and certified workers access the facilities or any area that could present occupational health and safety hazards, with the necessary safety devices and respect for minimum setback distances. Injuries related to electric shock should also be prevented, minimized, and controlled.

Furthermore, workers in proximity to electric power lines are more likely to be affected by EMFs than the general population. Best practice recommends that an appropriate EMF safety program be developed and implemented. This should include:

Identification of EMF exposure levels at various work sites; Provision of training to workers; Establishment of safety zones where potential levels of exposure

would be higher than those acceptable for the general population and that only trained workers should be allowed to enter; and

Development of plans to limit exposure levels within admissible levels developed by organizations such as the International Commission on Non-Ionizing Radiation Protection (ICNIRP).

DRAFT 18 RCIP TANZANIA

3.4 Environmental and Social Monitoring

Environmental and social monitoring should address all possible effects that the telecommunications sector could have on the environment. Environmental and social monitoring should encompass vegetation loss, effects on natural terrestrial and aquatic habitats, erosion, air and water quality, EMFs, and bird mortality as well as social surveys, impacts on indigenous peoples, traffic safety and health, and other occupational safety issues.

To monitor the impact of towers and masts on migratory birds, the USFWS in the United States requests that operators allow USFWS personnel or researchers to access the site to evaluate bird presence and search for dead birds. Researchers are authorized to set up radar and other necessary equipment to assess and verify bird movements to gather information on the effects of the towers on birds.

It would be advisable for all countries included in the RCIP Phase 3 to promote these practices.

3.5 Public Consultation and Communication

It is recommended that operators and local authorities hold discussions before rolling out plans and specific development proposals. The Planning Policy Guidance for Telecommunications developed by the United Kingdom Department for Communities and Local Government in 2006 recommends that discussions also take place with other organizations that have an interest in the project, such as environmental organizations, residential groups, and community groups. In particular, local authorities should consult with potentially affected schools and colleges before installing a mast or tower in their vicinity.

In residential areas, it is also best practice for operators to openly communicate about projected plans and impacts by means of public meetings or publication of impacts (particularly visual ones). Open communication through local city council meetings and local community zoning laws pertaining to cell tower construction are routinely carried out in the telecommunications sector in the United States.

When the sub-projects are located in indigenous reserves, the indigenous peoples must be consulted in a culturally appropriate way and their concerns and suggestions included in the project. Measures must be designed to minimize, mitigate, and, when necessary, compensate these populations with social benefits, sustainable economics, and culturally appropriate. A system for communicating and presenting concerns and issues must be established and maintained during the operation of the project, and indigenous peoples assisted.

DRAFT 19 RCIP TANZANIA

4 LEGISLATIVE, REGULATORY AND INSTITUTIONAL FRAMEWORK

4.1 Legislative Requirements for Environmental Management

This section provides a general overview of the applicable legal frameworks in Tanzania, including the laws and regulations for environmental management and related sector laws and requirements for environmental impact assessment studies.

Environmental protection is enshrined in Article 27 of The Constitution: (1) Every person is obliged to safeguard and protect the natural

resources of the United Republic, State property and all property jointly owned by the people….

(2) All persons shall by law be required to safeguard State and communal property, to combat all forms of misappropriation and wastage and to run the economy of the nation assiduously, with the attitude of people who are masters of the fate of their nation.

The Government issued its National Environment Policy (NEP) in 1997 which set out its strategic priorities for environmental protection and management.

The key law that lies at the centre of the government’s environmental protection strategy is the Environmental Management Act, 2004. This law begins by stating Government’s policy towards people’s right to a clean and safe environment:

“4.-(1) Every person living in Tanzania shall have a right to clean, safe clean, safe and healthy environment.” It further states the objective of the law in Article 7 (1):

“7.-(1) The objective of this Act is to provide for and promote the enhancement, protection, conservation and management of the environment.”

The Act assigns responsibility for Environmental Protection to the designated Minister, establishes the National Environment Management Council (NEMC) and defines its responsibilities and powers.

NEMC may also be involved in initiating legislative processes, as its other function is to formulate proposals for legislation in the area of environmental issues and recommend their implementation by the Government. It is on the basis of these statutory functions that NEMC has reviewed various development projects in the country to ensure that they conform to requisite environmental standards.

It is also on this basis that NEMC prepared Environmental Impact Assessment Guidelines and Procedures in 1997 to guide developers in

DRAFT 20 RCIP TANZANIA

carrying out development projects in an environmentally responsible way.

Other key legislative acts applicable to the project include:

Occupational Health and Safety Act, 2003 (Act No. 5 of 2003): comprehensive legislation on occupational health and safety.

Occupational Safety and Health Act, 2005 (Act No. 8 of 2005): update to the 2003 OHS Act.

Industrial and Consumer Chemicals (Management and Control) Act, 2003 (No. 3): comprehensive legislation on management and control of industrial and consumer chemicals.

Radioactive Waste Management for the Protection of Human Health and Environment Regulations, 1999 (G.N. No. 276): determines the responsibilities, duties, and administrative measures of the National Radiation Commission and provides for waste management operations, reporting procedures, verification and enforcement, offences and penalties, and several related matters.

Protection from Radiation (Amendment of the First Schedule) Order 1986, Government Notice No. 36.: amends the composition of the commission provided for by the Protection from Radiation Act of 1983 (No. 5).

Government Notice No. 465: Disabled Persons (Care and Maintenance) Regulations 1983: sets up registration procedures for disabled persons under the Disabled Persons (Care and Maintenance Act 1982, No. 3) and defines minimum standards in regard to the maintenance of settlements for them.

4.2 Legislative Requirements for Telecommunications Sector

This section provides a general overview of the applicable legal frameworks for regulation of the telecommunications industry.

The Communications Act was enacted in 1992 and the National Telecommunications Policy (NTP) was launched in 2007. Other acts and policies directly relevant to the World Bank include the Broadcasting Services Act of 1993 and the Broadcasting Services Policy under review; the National Science and Technology Policy of 1996; and the Tanzania Development Vision 2025.

The following two acts specifically provide the basis for the telecommunications industry in Tanzania.

Tanzania Communications Regulatory Authority Act, 2003

This act establishes the Tanzania Communications Regulatory Authority for the purpose of regulating telecommunications, broadcasting, and postal services; providing for allocation and management of the radio spectrum; covering electronic technologies and other ICT applications; and providing for its operation.

DRAFT 21 RCIP TANZANIA

Tanzania Communications Act, 1993

This act establishes Tanzania Communications Commission responsibility for regulating postal and telecommunications services and providing for the designation of public postal and telecommunications licensees and all matters pertaining thereof.

4.3 Institutional Arrangements for the Telecommunications and Environmental Sector in Tanzania

This section describes the key institutions in Tanzania responsible for environmental protection.

4.3.1 Office of the Vice President

Responsibility for the protection of the environment in Tanzania lies with the Office of the Vice President, supported by a cross-sectoral technical committee of the major ministries with portfolios that have environmental implications. The National Environment Management Council (NEMC) is the secretariat to this committee.

The office of the Vice President is responsible for overall policy guidance and advance on the development of strategic environmental vision, including formulation, analysis and appraisal of broad environmental goals.

4.3.2 National Environment Management Council (NEMC)

NEMC is under the Division of Environment in the Office of the Vice President. NEMC plays an advisory role for the Ministry and is responsible for enforcing pollution control and is involved in the scrutiny of environmental impact assessments.

The comprehensive regulations for the preparation and implementation of EIAs are contained in “The Environmental Impact Assessment and Audit Regulations, 2005”. NEMC follows these guidelines in the review of EIAs.

4.3.3 Overview of the EIA process in Tanzania

Article 4 of The Environmental Impact Assessment and Audit Regulations, 2005 imposes a comprehensive environmental review requirement on projects in Tanzania.

(1) No developer or proponent shall implement a project-(a) likely to have a negative environmental impact; or(b) for which an environmental impact assessment is required under

the Act, these Regulations or any other written by law unless an environmental impact assessment has been concluded and approved in accordance with these Regulations.

(2) No licensing authority under any law in force in Mainland Tanzania shall issue a certificate for any project for which an environmental impact

DRAFT 22 RCIP TANZANIA

assessment is required under the Act unless the applicant produces to the licensing authority a certificate of environmental impact assessment issued by the Minister under the Regulations.(3) No licensing authority under any law in force in Mainland Tanzania shall issue a trading, commercial or development permit or license for any micro project activity set out in the First Schedule to these Regulations that is likely to have cumulative significant negative environmental impact before it ensures that an impact assessment approved by the Minister in place.

Project developers are required to submit project briefs to NEMC. NEMC determines whether an EIA is required and a decision is communicated to the developer within 45 days of submission. If no EIA is required, NEMC recommends that the Minister approve the project. If NEMC finds that there is likely to be a significant environmental impact, project developers may be required to carry out an EIA and submit it to NEMC. In carrying out EIAs, project developers are required to carry out public consultation . Following the completion of the EIA, developers are required to submit to NEMC an Environmental Impact Statement (EIS). NEMC reviews the EIS and may carry out a public hearing into it. It then makes recommendations to the Minister who makes a decision on approval of the project.

4.3.4 The extent of public participation

Public participation is required in the EIA process by Article 17(1) which states that:

During the process of conducting an environmental impact assessment study, the developer or proponent shall in consultation with the council, seek the views of any person who is or is likely to be affected by the project

Public participation is further involved in the process during NEMC’s review of the project’s Environmental Impact Statement, as per Article 26(2) which states: The Council shall hold a public hearing on the environmental statement if: -

(a) as a result of the comments received it is of the opinion that a public hearing shall enable it to take a fair and just decision;

(b) it consider it necessary for the protection of the environment.

4.3.5 Policy framework for the Management of the Environment

Tanzania published its National Environmental Policy (NEP) in December 1997 and the National Conservation Strategy for Sustainable Development, the National Environmental Action Plan (NEAP) and specific sectoral policies such as those on land, mining, energy, water, agriculture, population and fisheries. Environmental guidelines and regulations for the ICT sector have been drafted by NEMC and submitted

DRAFT 23 RCIP TANZANIA

to the Minister. However, these draft guidelines are not yet publicly available.

DRAFT 24 RCIP TANZANIA

Table 4.9 Role and responsibilities of institutions and regulatory agencies in Tanzania for RCIP

Institution / regulatory agency RoleOffice of the Vice President The Ministerial responsibility for the Environment is based in the Office of the Vice President. Tanzania Communications Regulatory Authority (TCRA)

The TCRA was established in 2003 as the telecom regulatory agency. It was created from the merger of the former Tanzania Communications Commission (TCC) and the Tanzania Broadcasting Commission.

Ministry of Natural Resources and Tourism

The operating mission of the Ministry is to formulate policies and strategies that lead to sustainable conservation management of natural and cultural resources; promote and diversify tourist attractions; and increase sector contribution to national income and foreign exchange earnings.

Ministry of Communication, Science, and Technology (MCST)

The MCST is the ministry responsible for ICT development in Tanzania.

National Environment Management Council

Responsibility for environmental protection, including the process of reviewing projects and implementing the EIA rules and regulations.

DRAFT 25 RCIP TANZANIA

4.4 Gap Assessment of Legislative Structure and Recommendations

To ensure that the ESMF will be effectively implemented in Tanzania, it is important to determine whether the legislative structures are adequate for effective environmental management and whether these legislative structures support the World Bank’s safeguard policies.

Based on the comparison table below, it is evident that the legislation in Tanzania provides sufficient basis for EIAs and EMPs to be completed for proposed activities under RCIP. It is also apparent that the relevant institutions are in place to ensure effective implementation and monitoring of the required environmental measures, in compliance with national law and World Bank safeguard policies.

The World Bank requires that all projects comply with national law, but where there is conflict and gaps exist, World Bank policies take precedence, except in cases where national standards are more stringent (e.g., air emissions or effluents).

DRAFT 26 RCIP TANZANIA

Table 4.12 Gap assessment and comparison of legislation in Tanzania

Issue Tanzania WB / IFC safeguard requirements Comparison of Framework in Tanzania with WB/IFC safeguards

An EIA is required for proposed infrastructure activities.

The Environmental Management Act, 2004 and the EIA Regulations of 2005 provide the overarching framework for the requirement of impact assessments.

Under the OP 4.12, a full EIA is required for all projects screened as Category A. For Category B projects, some form of environmental assessment is required, usually less rigorous than a full EIA and often taking the form of an Environmental Management Plan (EMP).

The framework in Tanzania is consistent with OP4.12.

Environmental authority must provide an environmental permit for projects prior to appraisal.

All projects with environmental implications are required to obtain approval from the Minister. NEMC is responsible for reviewing projects, assessing whether an EIA is needed and then reviewing the EIAs prepared by the project. NEMC then advises the Minister who makes the final decision. The final decision must include an explanation and must be made available to the general public.

OP 4.01 requires the approval and disclosure of EIAs by the relevant government authority.

The law requires approval of EIAs by the Minister. Public consultation is included throughout the process. The final decision and explanation is published by the Minister. However, the EIA itself is not required to be published.

DRAFT 27 RCIP TANZANIA

4.5 Positive Environmental Impacts and Socioeconomic Benefits

Telecommunications plays a major role in economic, social, and cultural growth and development. The main socioeconomic benefits of improved telecommunications services include:

Shared towers allowing price and service advantages to consumers through competition, unlike many other public utilities;

Greatly extended geographic and socioeconomic range of users/consumers;

Greatly extended geographic and socioeconomic range of non-voice or data services; and

Provision of employment to small-scale entrepreneurs who can afford their own service and provide 'per call' service to those who can't.

Moreover, integration of environmental enhancements in the design of the Project can also result in environmental benefits. Potential enhancements may include:

Recycling of waste materials; Investment in new technology that does not contain hazardous

materials; and Environmental awareness regarding the use of local material

supply in a sustainable manner.

DRAFT 28 RCIP TANZANIA

4.6 Potential Negative Environmental and Social Impacts

4.6.1 Impact categories

The potential negative impacts associated with telecommunications can be divided into three broad categories: Impacts associated with the manufacture of telecommunications

equipment; Impacts associated with the installation of telecommunications

systems (e.g., antenna/mast erection, cable laying, telephone pole erection, construction of exchange buildings);

Impacts associated with operation and maintenance of the telecommunications systems (e.g., energy consumption, maintenance of telephone exchange systems and cables, generation of hazardous wastes)

4.6.2 Types of potential issues related to the Project

Environmental issues in telecommunications projects primarily include the following: Terrestrial habitat alteration; Aquatic habitat alteration; Migratory birds; Visual impacts; Electric and magnetic fields; Hazardous materials and waste; Spills and accidental release of fuel; Emissions to air; and Noise.

The project is not expected to have any significant negative social impacts. The only potential impact is associated with land acquisition for the construction of telecommunications and ancillary infrastructure, such as access roads, which could prompt the need for involuntary resettlement of the affected populations. This potential impact is considered very unlikely, however, given that most of the proposed telecommunications facilities are expected to be constructed alongside existing infrastructure and ROWs, such as roads and power transmission lines.

The environmental impacts expected from this project are moderate to minimal. The rural ICT and Government Network components are the only aspects likely to have some environmental impact, either due to temporary disruption during the construction of ducts for laying the fiber optic networks (if applicable) or the construction of ancillary infrastructure (e.g., access roads associated with towers for microwave links and rural wireless systems).

Table 5.1 outlines the potential environmental and social impacts associated with the telecommunications industry. These are based

DRAFT 29 RCIP TANZANIA

on IFC’s EHS Guidelines for Telecommunications and the European Bank for Reconstruction and Development (EBRD)’s Sub-sectoral Environmental Guidelines for Telecommunications.

Copies of IFC’s EHS guidelines for Telecommunications (draft version, November 2006) and IFC’s General Environmental, Occupational, Health and Safety Guidelines are attached as Annex 1 and 2, respectively, and should be used as guidance notes when preparing the impact assessment and mitigation plans for the sub-project-specific EMPs.

4.7 Potential Occupational, Health And Safety Risks

Occupational health and safety risks or hazards in telecommunications projects generally include the following:

Electrical safety; Electromagnetic fields (occupational); Optical fiber safety; Elevated and overhead work; Falls; Confined space entry; and Motor vehicle safety.

Occupational health and safety hazards common to other types of construction sites may also arise during construction. Measures to address these issues at a sub-project level are discussed in Chapter 6 and 7.

The IFC guidelines attached in Annex 1 and 2 provide detailed guidance on the OHS measures that should be put in place during construction and operation of the Program.

4.8 Environmental And Social Monitoring

Environmental monitoring programs for this sector should be implemented to address all activities that have potentially significant impacts on the environment during normal operations and upset conditions. Environmental monitoring activities should be based on direct or indirect indicators of emissions, effluents, and resource use applicable to the particular project.

Monitoring frequency should be sufficient to provide representative data for the parameter being monitored. Monitoring should be conducted by trained individuals following monitoring and record-keeping procedures and using properly calibrated and maintained equipment. Monitoring data should be analyzed and reviewed at regular intervals and compared with the operating standards so that any necessary corrective actions can be taken (IFC, 2006).

DRAFT 30 RCIP TANZANIA

Table 5.1 Potential environmental and social impacts and proposed mitigation measures

Issue Potential Impacts Mitigation Measures

Terrestrial habitat alteration

Terrestrial and aquatic habitats may be altered during the construction of communications infrastructure depending on the type of infrastructure component and proposed location. Potential impacts to habitat may be more significant during construction and installation of linear infrastructure, such as long-distance fixed-line cables, as well as access roads to other types of infrastructure along previously undeveloped land.

Recommended measures to prevent and control impacts toterrestrial habitats during construction of the right-of-wayinclude: Site fixed line infrastructure (e.g., fiber optic cable) and

other types of linear infrastructure rights-of-way, access roads, lines, and towers to avoid critical habitat through use of existing utility and transport corridors whenever possible;

Avoid construction activities during the breeding season and other sensitive seasons or times of day;

Revegetate disturbed areas with native plant species; and

Manage construction site activities as described in relevant sections of IFC’s General EHS Guidelines.

DRAFT 31 RCIP TANZANIA

Issue Potential Impacts Mitigation Measures

Migratory birds

The height of some television and radio transmission towers can pose potentially fatal risk to birds, mainly through collisions. The likelihood of avian collisions is thought to increase with the height and design of the communications tower (e.g., guyed towers represent a higher potential for collisions); the presence of tower lighting (attracts some species of birds at night or during low light conditions); and, most importantly, the tower location with regard to flyways or migration corridors.

Recommended prevention and control measures to minimizeavian collisions include: Siting towers to avoid critical habitats such as nesting

grounds, heronries, rookeries, foraging corridors, and migration corridors;

Avoiding the cumulative impact of towers by co-locating antennae on existing towers or other fixed structures (especially cellular telephone communication antennae), designing new towers structurally and electrically to accommodate future users, and removing towers no longer in use;

To the extent feasible, limiting tower height and giving preference to non-guyed tower construction designs (e.g., using lattice structures or monopoles);

If guy wired towers are located near critical bird habitats or migratory routes, installing visibility enhancement objects such as marker balls, bird deterrents, or diverters on the guy wires; and

Limiting the placement and intensity of tower lighting systems to those required to address aviation safety.

Aquatic habitats

Depending on their location, the installation of fixed line components, including shore approaches for long-distance fiber optic cables, and access roads to transmission towers and other fixed infrastructure may require construction of corridors crossing aquatic habitats with the potential to disrupt watercourses, wetlands, coral reefs, and riparian vegetation.

Recommended measures to prevent and control impacts toaquatic habitats include: Site power transmission towers and substations to avoid

critical aquatic habitat such as watercourses, wetlands, and riparian areas, as well as fish spawning habitat and critical fish over-wintering habitat whenever possible;

Maintaining fish access when road crossings of watercourses are unavoidable by utilizing clearspan bridges, open-bottom culverts, or other approved methods;

Minimizing clearing and disruption to riparian vegetation; and

Management of construction site activities as described in the relevant sections of IFC’s General EHS Guidelines.

DRAFT 32 RCIP TANZANIA

Issue Potential Impacts Mitigation Measures

Visual impacts

The visual impacts of tower and antennae equipment may depend on the perception of the local community as well as the aesthetic value assigned to the scenery (e.g., scenic and tourism areas).

Recommendations to prevent, minimize, and control visualimpacts include: Minimizing construction of additional towers through co-

location of proposed antennae in existing towers or existing structures such as buildings or power transmission towers;

Use of tower and antennae camouflaging or disguising alternatives such as masts or towers designed to look like trees; and

Taking into account public perception about aesthetic issues by consulting with the local community during the siting process of antenna towers.

Hazardous materials and waste

Telecommunications processes do not normally require the use of significant amounts of hazardous materials. However, the operation of certain types of switching and transmitting equipment may require the use of backup power systems consisting of a combination of batteries (typically lead-acid batteries) and diesel-fueled electricity backup generators. Operations and maintenance activities may also result in the generation of electronic wastes such as nickel cadmium batteries and printed circuit boards from computer and other electronic equipment as well as backup power batteries.

Recommended hazardous materials management actionsinclude: Implementing fuel delivery procedures and spill

prevention and control plans applicable to the delivery and storage of fuel for backup electric power systems, preferably providing secondary containment and overfill prevention for fuel storage tanks;

Implementing procedures for the management and disposal of lead acid batteries, including temporary storage, transport, and final disposal. Lead-acid batteries should be managed as a hazardous waste as described in IFC’s General EHS Guidelines; and

Purchasing electronic equipment that meets international phase-out requirements for hazardous materials content and implementing procedures for the management of waste from existing equipment according to the hazardous waste guidance in IFC’s General EHS Guidelines.

DRAFT 33 RCIP TANZANIA

Issue Potential Impacts Mitigation Measures

Emissions to air

Emissions from telecommunications projects may be primarily associated with the operation of vehicle fleets, use of backup power generators, and use of cooling and fire suppression systems.

Recommended management actions to minimize emissions include: Implementation of vehicle fleet and power generator

emissions management strategies as described in IFC’s EHS Guidelines and avoiding the use of backup power generators as a permanent power source, if feasible; and

Ensuring that fire suppression systems use ozone-friendly technology.

Noise The principal source of noise in telecommunications facilities is associated with the operation of backup power generators.

Recommended noise management action includes the use of noise suppression shields and mufflers as well as the location of noise generating sources away from residential or other noise sensitive receptors to meet the noise emissions levels provided in IFC’s General EHS Guidelines.

DRAFT 34 RCIP TANZANIA

Issue Potential Impacts Mitigation Measures

Electric and magnetic fields

Electric and magnetic fields (EMF) are invisible lines of force emitted by and surrounding any electrical device, such as power lines and electrical equipment. Electric fields are produced by voltage and increase in strength as the voltage increases. Magnetic fields result from the flow of electric current and increase in strength as the current increases.

Radio waves and microwaves emitted by transmitting antennas are one form of electromagnetic energy. Radio wave strength is generally much greater from radio and television broadcast stations than from cellular phone communication base transceiver stations. Microwave and satellite system antennas transmit and receive highly concentrated directional beams at even higher power levels. Although there is public and scientific concern over the potential health effects associated with exposure to EMF (not only high-voltage power lines and substations or radio frequency transmissions systems, but also from everyday household uses of electricity), there is no empirical data demonstrating adverse health effects from exposure to typical EMF levels from power transmissions lines and equipment. However, while the evidence of adverse health risks is weak, it is still sufficient to warrant limited concern.

Recommendations applicable to the management of EMFexposures include: Evaluating potential exposure to the public against the

reference levels developed by the International Commission on Non-Ionizing Radiation Protection (ICNIRP);

Average and peak exposure levels should remain below the ICNIRP recommendation for General Public Exposure;

Limiting public access to antennae tower locations; Following good engineering practice in the siting and

installation of directional links (e.g., microwave links) to avoid building structures; and

Taking into account public perception about EMF issues by consulting with the local community during the siting process of antenna towers.

DRAFT 35 RCIP TANZANIA

Issue Potential Impacts Mitigation Measures

Indigenous Communities

The development of infrastructure in indigenous territories could pose a risk to the traditional culture and practices of indigenous populations. Construction works and the presence of foreign workers in their territories could affect their lifestyles and customs and cause subsequent identity loss.

Recommendations applicable to the management of projects in Indigenous Territories include: Avoid the construction of telecommunications

towers/masts in indigenous reserves and/or other locations that may affect indigenous peoples;

If a tower/mast is installed in an indigenous reserve or territory, the sub-project must comply with the World Bank Safeguard Policy OP 4.10;

Prepare an Indigenous Peoples Plan and implement specific measures to mitigate impacts and increase socioeconomic benefits of projects in a culturally appropriate way; and

Implement a prior, free, and informed consultation process and include concerns and suggestions of the affected population in the project.

Land acquisition and modification of land use

Road construction to access sites in remote rural areas may require land acquisition, which usually implies compensation to the landlord based on mutual agreement. Land from indigenous reserves cannot be leased, transferred, or sold to non-natives; therefore, access roads will be constructed in these areas only after public consultations and agreements with the community. This may cause changes in their usual lifestyle. Constructing access roads in rural, undeveloped, or remote lands converts land use (i.e., from agricultural to transport) and facilitates access to previously non-colonized areas (i.e., clearing of forests for colonization).

Recommended measures to mitigate impacts on land use and acquisition: Prevent access and forest clearing of undeveloped areas

for colonization; Avoid road construction by the use of existing accesses; When construction of access roads is imminent,

minimize road length to a pathway for colonization of new areas;

Camouflage the road entrance with local vegetation or similar landscape features; and

Provide local people with information on the secondary impacts associated with road access construction.

DRAFT 36 RCIP TANZANIA

Issue Potential Impacts Mitigation Measures

Cultural and archaeological findings

During construction works, archaeological findings may be encountered and potentially damaged or broken. Culturally sensitive areas (i.e., where cultural practices occur) may become affected both by construction and operation works, by modifying the religious or cultural value of a certain area.

Recommended mitigation measures: Towers should not be constructed on sites with high

probability of existing critical archaeological findings; Assess the potential for existence of physical cultural

resources during site selection; If physical cultural resources may be lost, implement full

site protection; Make provisions for managing chance finds, salvage,

and documentation; In other sensitive sites, have experts supervise

construction works and stop work for removal in case findings are encountered;

Train personnel to recognize findings and notify supervisor;

Protect finding prior to removal and immediately report to supervisor for coordination with expert from local cultural heritage authority; and

Control access to site where finding occurred.

Public safety Communities may be exposed to structural safety risks in the event of structural failure of masts or towers, especially in vulnerable areas such as those prone to earthquakes, flooding, or landslides.

Recommended mitigation measures to minimize risks to the surrounding communities: Assess risk of erosion during site selection (i.e., soil

characteristics, topography, climate, etc.); Do not site towers in areas with high risk of natural

disasters: (landslides, earthquakes, flooding, or slopes >30º);

If location in residential area is necessary, respect the required distance between mast and closest residential building; and

Design and install tower structures and components according to good international industry practice.

DRAFT 37 RCIP TANZANIA

Issue Potential Impacts Mitigation Measures

Aircraft security

Antenna towers located near airports or known flight paths can pose a risk to aircraft navigation security through collision with masts or towers or through radar interference.

Recommended measures to minimize risks posed by aircraft collisions: Avoid sites that fall within the area ruled by Aviation

Agency regulations; If siting within the aviation agency area is required,

comply with the agency’s design and construction requirements;

Consultation with aviation agency prior to installation and adherence to national air traffic safety regulations;

Use strobe lights and other safety devices as required by the Aviation agency guidelines; and

Mainten of security devices.

DRAFT 38 RCIP TANZANIA

5 SUB-PROJECT SCREENING, REVIEW AND APPROVAL

This section outlines the screening, review, and approval process for activities to be financed under RCIPTZ. This is consistent with the approach proposed under the ESMF prepared for Phase 1 and Phase 2 countries. As the locations for the sub-projects are not clearly identified at this stage, it is important to have the appropriate tools in place to assist RCIPTZ implementing agencies in screening these activities for potential impacts and to provide guidelines for implementing measures to effectively address them.

In addition, the following section provides a “harmonized” approach to the screening and appraisal process for sub-projects so that it can be applied to RCIPTZ in the context of the overall RCIP. Once the sub-projects have been identified and locations selected, RCIPTZ should use this section as the guideline to screening sub-projects and implementing the appropriate measures while ensuring adherence to all respective legislative requirements for screening and EIAs.

5.1 Implementing Agency

The primary implementing agencies for RCIPTZ will be MCST and PO-PSM. As proposed under ESMF developed for Phase 1 and 2, it is advised that an Environmental Specialist be assigned to the executing agency. This is furthered defined in Section 9.

5.2 Screening and Review Process

The following Figure 6.1 illustrates the process for screening and review of sub-projects.

(a) Screening of sub-project activities

Once the sub-project activity is defined and the location selected, a screening form will need to be filled out by the Proponent. The form will allow for identification of the potential environmental and social impacts associated with the proposed activity. As the ESMF and RPF should be utilized in tandem, the screening form will also allow for the identification and assessment of impacts related to potential land acquisition and involuntary resettlement. A template for screening is provided in Annex 3.

DRAFT 39 RCIP TANZANIA

Figure 6.1 Proposed Screening, Review and Appraisal Process

(b) Scoping and field appraisal

Based on the information provided in the screening form, the reviewer (i.e., NEMC) will make a decision as to whether the sub-project will

DRAFT 40 RCIP TANZANIA

Identification of subproject Screening determination (low or high risk)

Subproject Appraisal Carry out a

subproject specific EA study

Develop subproject specific EMPs (and RAPs if applicable)

Apply environmental conditions in contract agreements

Subproject Appraisal Process

Application for subproject by Proponent

Subproject Approval

Subproject Implementation

Corresponding Safeguard Requirements

Step 1: Subproject Screening

Low risk High risk Step 2: Impact assessment Develop generic

mitigation and monitoring measures for subproject sectors

Apply environmental conditions in contract agreements

Step 3: Environmental and social review

Step 4: Subproject implementation

Implement mitigation measures under the EMP (and RAP) for subprojects

Training of project staff, local govt officers, and communities in EMP (and RAP) implementation

Step 5: Environmental and social monitoring

Monitor environmental and social compliance, pollution abatement, and EMP (and RAP) implementation

Carry out annual environmental and social audits for subprojects

Subproject Monitoring

EMPs (and RAPs) reviewed by local Environmental and Social Specialists (or technical service providers e.g. NGOs)

Subproject approved on the basis of environmental and social review findings

Medium risk

Develop and implement an EMP for each subproject

Apply environmental conditions in contract agreements

require a more detailed investigation of the impacts through a field appraisal. Data gathering will be achieved through observation and use of professional expertise; in some cases, interviews with local people could provide information regarding human use values and/or environmental significance.

As part of the field appraisal, the Proponent shall identify the major stakeholders/community groups within the affected area that are likely to be affected. A list of potentially affected groups will be compiled and appended to the appraisal report.

(c) Assessment and classification of impacts

Based on the screening form and field appraisal (when required), the impacts are classified based on their risk category and a decision is made as to whether the sub-project will:a) Require an EIA study and/or RAP, since the impacts qualify as being

high-risk and significant and may result in land acquisition and/or involuntary resettlement;

b) Require only an EMP, since the impacts are not significant and can be easily addressed through the implementation of a mitigation and management plan during construction and operation of the sub-project; or

c) Not require any safeguard measures, as the impacts are considered minimal.

The following Table 6.1 outlines the risk categories, based on the OP 4.01 environmental categories (A, B, C), attached as Annex 4, and IFC’s EHS Guidelines.

Table 6.1: Environmental risk categories associated with telecom activities

Types of activity High (A) Medium( B)

Low (C)

Installation of masts and towers Installation of fixed line cables and

connectors Construction of landing stations Equipment housing (e.g., shelters,

cabinets, auxiliary power units) Construction of access roads and

ROWs on greenfield sites Maintenance of access roads or other

existing linear infrastructure that does not require ROW expansion

Land acquisition and modification of land use

DRAFT 41 RCIP TANZANIA

(d) Identifying alternatives to sub-project design

For sub-projects deemed high risk, as they may result in significant impacts, the Proponent will reassess the location and design of the sub-project to ensure that there are no alternatives that might minimize or avoid these potential environmental and social impacts. If an alternative is not feasible, then the Proponent must prepare an EIA and/or RAP.

5.3 Appraisal and Monitoring Process

(e) Appraisal and Approval

Environmental permitting requirements

For Category A sub-projects requiring an EIA:

The Proponent will submit a copy of the EIA to the relevant authority for review. It should include all relevant information (as outlined in the country’s legislative requirements – refer to Chapter 4): an EMP, a set of environmental contract clauses, and a summary of public consultations carried out.

Annex 5 provides the Terms of Reference for preparation of an EIA.

For sub-projects that may result in involuntary resettlement or displacement, the Proponent is also required to submit a RAP to the relevant Resettlement Office/authority for approval. This is explained in more detail in the Project’s Resettlement Policy Framework.

For Category B sub-projects that require an EMP: The Proponent will submit a copy of the EMP to the relevant environmental authorities and to the executing agencies (MCST and PO-PSM).

The objective of the EMP is to cater to the environmental and social needs of the project in a simple, responsive, and cost-effective manner that will not unnecessarily overload or impede the project cycle. The EMP should outline the measures needed to address the issues identified during the EA study. Moreover, a good EMP should demonstrate that proposed monitoring activities will encompass all major impacts and identify how they will be integrated into project supervision.

The EMP should be a simple 2-4 page document that outlines the following:

o Main environmental and social mitigation measures; o Environmental training and capacity program; ando Environmental and social monitoring program.

DRAFT 42 RCIP TANZANIA

This EMP should include the following:

Box 6.1 Contents of an EMP

The following Section 7 provides detailed guidance on the implementation of EMPs under RCIPTZ.

The Proponent is required to include environmental contract clauses in the technical specifications and account for these measures in the sub-project implementation budget. Annex 6 provides a set of recommended contract clauses to include in contractor agreements.

(b) Criteria for Approval

For those EIAs that meet the country’s EIA requirements and World Bank OP 4.01, an environmental permit can be granted.

For those EIAs that do not meet the country’s EIA requirements and World Bank OP 4.01, an environmental permit is rejected and the relevant environmental authority may choose to carry out an audit. The Proponent will be asked to re-submit the EIA based on recommendations of the audit.

As emphasized in the World Bank’s guidelines, a sub-project should not be approved and funded until such reports are received, approved, and disclosed.

(f) Disclosure of Sub-project Information

In compliance with World Bank guidelines and EIA law in Tanzania, before a sub-project is approved, the applicable documents (EIA, EMP, and/or RAP) must be made available for public review at a place accessible to local people (e.g., at a district council office, relevant environmental authority) in a form, manner, and language they can understand.

DRAFT 43 RCIP TANZANIA

Potential environmental and social impacts related to siting, construction, and operation of the sub-project;

Mitigation and monitoring measures to address potential impacts; Responsibilities for monitoring EMP requirements; Training and capacity-building requirements for project officers and

communities; and Estimated budget for implementation and training.

(g) Annual Monitoring Reports

Compliance monitoring comprises of a site-inspection of construction activities to verify that measures identified in the EMP and/or RAP are included in the clauses for contractors. This type of monitoring is similar to the normal tasks of a supervising engineer whose task is to ensure that the contractor achieves the required standards and quality of work.

Once implementation of the sub-project has started, regular supervisory missions should be carried out (by the Environmental Specialist or contracted out to a Consultant) and an annual monitoring report submitted to MCST, PO-PSM, and to the World Bank for review.

The purpose of these reports is to provide:

A record of Project and sub-project transactions; A record of experience and issues running from year to year

throughout the Project that can be used to identify difficulties and improve performance; and

Practical information for undertaking an annual review.

Annex 7 provides a recommended format for the Annual Report.

DRAFT 44 RCIP TANZANIA

6 ACTION PLAN FOR IMPLEMENTATION OF EMPS

As it is more likely that RCIPTZ investments will result in the need for EMPs and not EIAs, since impacts are expected to be in Category B, the following section provides more detailed guidelines for preparation and implementation of EMPs. A similar section for RAPs is discussed in the RCIPTZ Resettlement Policy Framework.

6.1 Implementation Guidelines for an EMP

As discussed, any projects classified as Category B will require an EMP to be approved and disclosed prior to sub-project implementation. A Terms of Reference for preparation of the EMP is provided in Annex 8.

It is important to keep in mind that the content of the EMP will depend strongly on the nature of risk associated with the sub-project being proposed. The impacts associated with digging a trench along an existing road to install cable lines can be easily addressed through mitigation and monitoring measures applied in the civil works and supervision contracts without much if any site-specific environmental analysis. Whereas, building a tower in an area where it is necessary to construct an access road and clear vegetation require more rigor and a site reconnaissance and EMP that is specific to that subproject location is required. The guidelines for an ESIA and EMP attached as annexes provide a good reference for this.

6.1.1 Institutional/third party roles and responsibilities

The EMP should be prepared by the Proponent, either through a consultant or Environmental Specialist with sufficient knowledge of the environmental and social issues related to the telecommunications sector. Ideally, the consultant should have a strong understanding of the legislative structure of Tanzania.

6.1.2 Implementation and monitoring schedule

The executing agency should agree with the Proponent (i.e., the relevant government authority in Tanzania) on supervision of the EMP within the overall plan for the project. Accordingly, the supervision arrangements for the EMP should summarize key areas on which supervision will focus: critical risks to implementation of the EMP, how such risks will be monitored during implementation, and agreements reached with the Proponent.

Supervision of the EMP, along with other aspects of the project, covers monitoring, evaluative review, and reporting and is designed to:

DRAFT 45 RCIP TANZANIA

Determine whether the Proponent is carrying out the project in conformity with environmental safeguards and legal agreements;

Identify problems as they arise during implementation and recommend to the Proponent means to resolve them;

Recommend changes in project concept/design, as appropriate, as the project evolves or circumstances change; and

Identify the key risks to project sustainability and recommend appropriate risk management strategies to the Proponent.

It is vital that an appropriate environmental supervision plan be developed with clear objectives to ensure the successful implementation of an EMP.

6.1.3 Budget

The EMP for each sub-project will outline the appropriate budget required to implement measures for mitigation and monitoring. It will also indicate the costs of required training and capacity building (see Section 7.1.4 below).

Costs should be calculated based on estimates provided by contractors for any mitigative measures required during the civil works. For example:

Costs of ensuring the appropriate dust suppression mechanisms are in place during excavation works must be calculated and included in the tender documents;

Costs of installing erosion control measures should be estimated as part of the engineering costs;

Training of staff on environmental and OHS issues should be outlined in detail (see Table 7.1); and

Costs of monitoring noise during construction should be calculated based on the frequency of monitoring and cost of equipment.

The EMP table provided in Annex 8 provides guidance on how to outline these costs.

6.1.4 Capacity building and technical assistance requirements

As part of best practice, and to comply with international standards for OHS, contractors and supervision consultants should be provided with awareness-raising, environmental, and OHS training on site. These should focus on both the construction and operational phases of the Project.

A proposed format for a two-day training workshop is provided in the following Table 7.1.

DRAFT 46 RCIP TANZANIA

Table 6.1 Awareness raising and training for civil work contractors and supervision consultants

Topic Input

Awareness raising 1 dayEnvironmental awareness and the importance of effective mitigationMitigation measures and environmentally sound construction techniquesCompliance with international standards (based on Chapter 6) on OHS for the telecommunications sectorCompliance with local legislation on OHS, EIA, and EMP requirements

Technical training 1 dayImplementation of the EMP (contract clauses)Monitoring of EMPs (and RAPs)Preparation of budgets

Total 2 days

DRAFT 47 RCIP TANZANIA

7 PUBLIC CONSULTATION AND DISCLOSURE PROCESS

7.1 Process for Public Consultation in the ESMF

During the course of the Project, consultations should be carried out with all significant stakeholder groups (see table below).

Table 7.2 Key stakeholder groups in the RCIPTZ

Government and regulatory agencies Agencies outlined in Tables 4.1 , as well as other relevant government and public sector agencies.

Public and private sector operators Lead private sector companies, such as major telecommunications operators in each country.

Non-government organizations International and local stakeholder groups, including environmental NGOs.

Local stakeholders Community-based organizations (CBOs), Municipal and district-level committees, unions, and other local groups.

Academic and research institutions Environmental research groups, universities, and technical institutes.

Indigenous communities If projects are planned to be performed in an indigenous people’s territory.

For sub-projects that can be developed in indigenous territories, a translator must be used so that the entire audience can be informed about the project. Concerns and suggestions must be included in the consultation process for the environmental and social evaluation so that they can be considered in the final evaluation.

7.2 Proposed Disclosure Plan

For projects such as RCIP Tanzania, the World Bank procedures require that an ESMF and RPF be prepared and publicly disclosed prior to project appraisal. This allows the public and other stakeholders to comment on the possible environmental and social impacts of the project, and the appraisal team to strengthen the frameworks as necessary, particularly measures and plans to prevent or mitigate any adverse environmental and social impacts.

Toward this end, this document will be publicly released through the World Bank’s InfoShop and in public locations in Tanzania. The documents should be made available in English in compliance with the World Bank’s Public Consultation and Disclosure Policy.

DRAFT 48 RCIP TANZANIA

7.2.1 Disclosure of sub-project EMPs

EMPs prepared for sub-projects under RCIPTZ will also need to be disclosed to the public. Copies of the EMPs should be made available to communities and interested parties in accessible locations through local government authorities, (e.g., local councils, district offices). Copies of the EMPs should also be provided to the implementing agencies and submitted to the World Bank. This will ensure record keeping of all activities implemented under the ESMF and ensure that third-party audits have adequate information when undertaking annual environmental audits.

DRAFT 49 RCIP TANZANIA

8 CAPACITY BUILDING RECOMMENDATIONS

8.1 Strengthening of Project Capacity for Implementing the ESMF

8.1.1 Appointing an Environmental Specialist to MCST

In order to ensure that there is adequate capacity to implement and monitor the performance of the ESMF, it is advised that an environmental specialist be appointed to the Ministry of Communications, Science, and Technology (MCST) as part of RCIP Tanzania.

The Specialist will contribute to the objectives of the Project, which include:

Preparing, together with the implementing entities, of annual work programs and budgets;

Monitoring project progress as it relates to compliance with the ESMF guidelines, resolving implementation bottlenecks, and ensuring that overall project implementation proceeds smoothly;

Collecting and managing information relevant to the project and accounts (i.e., environmental monitoring and audit reports); and

Ensuring that the implementing bodies are supported adequately and that they adhere to the principles of the project, specific to compliance with ESMF guidelines.

The Specialist should report to the main bodies responsible for execution of the Project.

8.1.2 Training of the Environmental Specialists

It is also highly recommended that the Environmental Specialist be provided with a two-day training workshop on implementation of the ESMF. This training will ensure that the specialist is able to manage and monitor the environmental and social aspects of the RCIPTZ activities. The workshop should take place as part of the project early implementation and can be held in Tanzania. The workshop should be conducted by an external consultant with knowledge on the environmental management requirements for Tanzania, including substantial knowledge on World Bank and IFC safeguard policies and requirements (e.g., OHS standards). Other relevant staff members of the RCIPTZ project unit can be included in the training in order to widen familiarization of the ESMF.

An outline for the training is provided in Table 9.1.

DRAFT 50 RCIP TANZANIA

Table 9.1 Proposed training format for ESMF implementation

Module Duration

Day 1Introduction 1

Objective of the ESMF Key stakeholders with a role in the ESMF Relevant legislative and regulatory acts and World

Bank safeguard policies Structure and role of relevant environmental

authorities as relates to the RCIP TanzaniaDay 2Summary of guidelines for the sub-projects 0.5

Screening Appraisal and approval Disclosure Annual review Annual reporting

Capacity-building requirements 0.25Budgeting for the RCIP country annual work plans 0.25

Total 2 days

DRAFT 51 RCIP TANZANIA

9 PROPOSED BUDGET

The proposed budget for implementation of the measures and recommendations outlined in the ESMF for RCIP Tanzania is US$490,000.

As the sub-projects and their locations have not yet been identified, a lump sum amount has been designated to address the potential number of EIAs and EMPs which will have to be prepared as well as monitoring requirements for the ESMF. This is an estimate and will need to be updated once the project design has been finalized.

Table 10.3 Proposed budget for implementation of the ESMF

Item Unit Cost

Budget for implementation of EIAs and EMPs in Tanzania

Lump sum $250,000

Two 2-day trainings for contractors and consultants in Tanzania

Three workshops in Tanzania (one every year for three years)

$3000 per training

$3000 per workshop

$3,000 x 2 = $6,000

$3,000 x 3 =9,000

One 2-day training for the Environmental Specialist (to be held in Tanzania)

$10,000 per workshop (includes training materials)

$10,000

Developing local environmental, health and safety guidelines for the telecom sector in Tanzania

Lump sum $15,000

Budget for annual monitoring and reporting on EMP implementation

Lump sum $ 200,000

Total $ 490,000

DRAFT 52 RCIP TANZANIA

10 ANNEX 1: IFC’S EHS GUIDELINES FOR TELECOMMUNICATIONS

DRAFT 53 RCIP TANZANIA

11 ANNEX 2: IFC’S GENERAL OCCUPATIONAL, HEALTH, AND SAFETY GUIDELINES

DRAFT 101 RCIP TANZANIA

12 ANNEX 3: SCREENING FORM

The following form should be included in the Project’s Operational Manual.

Sub-project name:Sub-project location (include map/sketch):

(e.g., province, district).

Type of activity : (e.g., new construction, rehabilitation, periodic maintenance)

Estimated Cost:

Proposed date of commencement of work:

Technical drawing/specifications reviewed :

(circle answer): Yes No

This report is to be kept short and concise.

1. Site Selection:

When considering the location of a sub-project, rate the sensitivity of the proposed site in the following table according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They do indicate a real risk of causing undesirable adverse environmental and social effects, and that more substantial environmental and/or social planning may be required to adequately avoid, mitigate, or manage potential effects.

IssuesSite Sensitivity Ratin

gLow Medium HighNatural habitats

No natural habitats present of any kind

No critical natural habitats; other natural habitats occur

Critical natural habitats present

Water quality and water resource availability and use

Water flows exceed any existing demand; low intensity of water use; potential water use conflicts expected to be low; no potential water quality issues

Medium intensity of water use; multiple water users; water quality issues are important

Intensive water use; multiple water users; potential for conflicts is high; water quality issues are important

DRAFT 116 RCIP TANZANIA

IssuesSite Sensitivity Ratin

gLow Medium HighNatural hazards vulnerability, floods, soil stability/ erosion

Flat terrain; no potential stability/erosion problems; no known volcanic/seismic/ flood risks

Medium slopes; some erosion potential; medium risks from volcanic/seismic/ flood/ hurricanes

Mountainous terrain; steep slopes; unstable soils; high erosion potential; volcanic, seismic, or flood risks

Cultural property

No known or suspected cultural heritage sites

Suspected cultural heritage sites; known heritage sites in broader area of influence

Known heritage sites in project area

Involuntary resettlement

Low population density; dispersed population; legal tenure is well-defined; well-defined water rights

Medium population density; mixed ownership and land tenure; well-defined water rights

High population density; major towns and villages; low-income families and/or illegal ownership of land; communal properties; unclear water rights

Indigenous peoples

No indigenous population

Dispersed and mixed indigenous populations; highly acculturated indigenous populations

Indigenous territories, reserves and/or lands; vulnerable indigenous populations

2. Checklist questions:

Physical data: Yes/No answers and bullet lists preferred except where descriptive detail is essential.

Site area in ha Extension of or changes to existing alignmentAny existing property to transfer to sub-projectAny plans for new construction

Refer to project application for this information.

Preliminary Environmental Information: Yes/No answers and bullet lists preferred except where descriptive detail is essential.

State the source of information available at this stage (i.e., proponent’s report, EIA, or other environmental study).

DRAFT 117 RCIP TANZANIA

Has there been litigation or complaints of any environmental nature directed against the proponent or sub-project?

Refer to application and/or relevant environmental authority for this information.

Identify type of activities and likely environmental impacts:

Yes/No answers and bullet lists preferred except where descriptive detail is essential.

What are the likely environmental impacts, opportunities, risks, and liabilities associated with the sub-project?

Refer to ESMF Chapter 3 – Impact, Mitigation, and Monitoring Guidelines

Determine environmental screening category: Yes/No answers and bullet lists preferred except where descriptive detail is essential.

After compiling the above, determine which category the sub-project falls under based on the environmental categories A, B, and C.

Refer to ESMF Chapter 6 – Screening and Review Process

Mitigation of Potential Pollution: Yes/No answers and bullet lists preferred except where descriptive detail is essential.

Does the sub-project have the potential to pollute the environment or contravene any environmental laws and regulations? Will the sub-project require pesticide use?If so, then the proposal must detail the methodology and equipment incorporated in the design to constrain pollution within the laws and regulations and address pesticide use, storage, and handling.Does the design adequately detail mitigating measures?

Refer to ESMF Chapter 7 – Impact, Mitigation and Monitoring Guidelines

Environmental Assessment Report or environmental studies required:

Yes/No answers and bullet lists preferred except where descriptive detail is essential.

If screening identifies environmental issues that require an EIA or a study, does the proposal include the EIA or study? Indicate the scope and time frame of any outstanding environmental study.

DRAFT 118 RCIP TANZANIA

Required Environmental Monitoring Plan:If the screening identifies environmental issues that require long-term or intermittent monitoring (e.g., effluent, gaseous discharges, water quality, soil quality, air quality, noise), does the proposal detail adequate monitoring requirements?

Refer to ESMF Chapter 7 – Impact, Mitigation, and Monitoring Guidelines

Public participation/information requirements: Yes/No answers and bullet lists preferred except where descriptive detail is essential.

Does the proposal require, under national or local laws, the public to be informed, consulted, or involved? Has consultation been completed? Indicate the time frame of any outstanding consultation process.

Refer to Chapter 3 – Relevant legislative acts in the RCIP country

Land and resettlement: Yes/No answers and bullet lists preferred except where descriptive detail is essential.

What is the likelihood of land purchase for the sub-project? How will the proponent go about land purchase? What level or type of compensation is planned? Who will monitor actual payments?

Refer to the Resettlement Policy Framework.

Actions:List outstanding actions to be cleared before sub-project appraisal.

Approval/rejection Yes/No answers and bullet lists preferred except where descriptive detail is essential.

If proposal is rejected for environmental reasons, should the sub-project be reconsidered? What additional data would be required for re-consideration?

Recommendations:

Requires an EIA and/or RAP to be submitted on date:.

Requires EMP, to be submitted on date:.

Does not require further environmental studies

DRAFT 119 RCIP TANZANIA

Reviewer :Name:Signature:Date:

DRAFT 120 RCIP TANZANIA

13 ANNEX 4: WORLD BANK SAFEGUARD POLICY OP 4.01

DRAFT 121 RCIP TANZANIA

DRAFT 129 RCIP TANZANIA

14 ANNEX 5: TERMS OF REFERENCE FOR ESIA

An ESIA report for a telecommunications project should focus on the significant environmental, social, health, and safety issues of the proposed project, whether it is, or includes, new construction, rehabilitation, or expansion. The report’s scope and level of detail should be commensurate with the project’s potential impacts.

The ESIA report should include the following items:

(a) Executive summary. Concisely discusses significant findings and recommended actions.

(b) Policy, legal, and administrative framework. Discusses the policy, legal, and administrative framework within which the ESIA is carried out. Explains the EHS requirements of any co-financiers. Identifies relevant international environmental agreements to which the country is a party.

(c) Project description. Concisely describes the proposed project and its geographic, ecological, social, and temporal context, including any off-site investments that may be required (e.g., dedicated pipelines, access roads, power plants, water supply, housing, and raw material and product storage facilities). Indicates the need for any resettlement plan. Normally includes a map showing the project site and the project’s area of influence.

(d) Baseline data. Assesses the dimensions of the study area and describes relevant physical, biological, and socioeconomic conditions, including any changes anticipated before the project commences. Also takes into account current and proposed development activities within the project area but not directly connected to the project. Data should be relevant to decisions about project location, design, operation, or mitigatory measures. The section indicates the accuracy, reliability, and source of the data.

(e) Environmental and social impacts. Predicts and assesses the project’s likely positive and negative impacts, in quantitative terms to the greatest extent possible. Identifies mitigation measures and any residual negative impacts that cannot be mitigated. Explores opportunities for environmental enhancement. Identifies and estimates the extent and quality of available data, key data gaps, and uncertainties associated with predictions, and specifies topics that do not require further attention.

(f) Analysis of alternatives. Systematically compares feasible alternatives to the proposed project site, technology, design, and operation—including the “without project” situation—in terms of their potential environmental impacts; the feasibility of mitigating these impacts; their capital and recurrent costs; their suitability under local conditions; and

DRAFT 130 RCIP TANZANIA

their institutional, training, and monitoring requirements. For each of the alternatives, quantifies the environmental impacts to the greatest extent possible and attaches economic values where feasible. States the basis for selecting the particular project design and justifies recommended emissions levels and approaches to pollution prevention and abatement.

(g) Environmental management plan (EMP). Covers mitigation measures, monitoring, budget requirements, and funding sources for implementation as well as institutional strengthening and capacity building requirements.

(h) Appendixes

(i) List of EA report preparers—individuals and organizations.(ii) References—written materials, both published and

unpublished, used in study preparation.(iii) Record of interagency and consultation meetings, including

consultations for obtaining the informed views of the affected people and local nongovernmental organizations (NGOs). The record specifies any means other than consultations (e.g., surveys) that were used to obtain the views of affected groups and local NGOs.

(iv) Tables presenting the relevant data referred to or summarized in the main text.

(v) List of associated reports (e.g., socioeconomic baseline survey, resettlement plan)

DRAFT 131 RCIP TANZANIA

15 ANNEX 6: EXAMPLE OF ENVIRONMENTAL CONTRACT CLAUSES

Proper environmental management of construction projects can be achieved only with adequate site selection and project design. As such, the EA for projects involving any new construction, or any rehabilitation or reconstruction for existing projects, should provide information on screening criteria for site selection and design, including the following:

Site selection Sites should be chosen based on community needs for additional projects, with specific lots chosen based on geographic and topographic characteristics. The site selection process involves site visits and studies to analyze:

The site’s urban, suburban, or rural characteristics; National, state, or municipal regulations affecting the proposed

lot; Accessibility and distance from inhabited areas; Land ownership, including verification of absence of squatters

and/or other potential legal problems with land acquisition; Determination of site vulnerability to natural hazards (i.e.,

intensity and frequency of floods, earthquakes, landslides, hurricanes, volcanic eruptions);

Suitability of soils and subsoils for construction; Site contamination by lead or other pollutants; Flora and fauna characteristics; Presence or absence of natural habitats (as defined by OP 4.04)

and/or ecologically important habitats on site or in vicinity (e.g., forests, wetlands, coral reefs, rare or endangered species); and

Historic and community characteristics.

Construction activities and environmental rules for contractorsThe following information is intended solely as broad guidance to be used in conjunction with local and national regulations. Based on this information, environmental rules for contractors should be developed for each project, taking into account the project size, site characteristics, and location (i.e., rural or urban).

After choosing an appropriate site and design, construction activities can proceed. As these construction activities could cause significant impacts on and nuisances to surrounding areas, careful planning of construction activities is critical. The following rules (including specific prohibitions and construction management measures) should be incorporated into all relevant bidding documents, contracts, and work orders.

Prohibitions The following activities are prohibited on or near the project site:

DRAFT 132 RCIP TANZANIA

o Cutting of trees for any reason outside the approved construction area;

o Hunting, fishing, wildlife capture, or plant collection; o Use of unapproved toxic materials, including lead-based paints and

asbestos;o Disturbance to anything with architectural or historical value;o Building of fires; o Use of firearms (except authorized security guards); ando Use of alcohol by workers.

Construction Management Measures

Waste Management and Erosion: Solid, sanitation, and hazardous wastes must be properly controlled through the implementation of the following measures:

Waste Management:o Minimize the production of waste that must be treated or eliminated.o Identify and classify the type of waste generated. If hazardous

wastes (including healthcare wastes) are generated, proper procedures must be taken regarding their storage, collection, transportation, and disposal.

o Identify and demarcate disposal areas, clearly indicating the specific materials that can be deposited in each.

o Control placement of all construction waste (including earth cuts) to approved disposal sites (>300 m from rivers, streams, lakes, or wetlands). Dispose of all garbage, metals, used oils, and excess material generated during construction in authorized areas, incorporating recycling systems and material separation.

Maintenance:o Identify and demarcate equipment maintenance areas (>15m from

rivers, streams, lakes, or wetlands). o Ensure that all equipment maintenance activities, including oil

changes, are conducted within demarcated maintenance areas. Never dispose of spent oils on the ground, in watercourses, drainage canals, or sewer systems.

o Identify, demarcate, and enforce the use of within-site access routes to limit impacts to site vegetation.

o Install and maintain an adequate drainage system to prevent erosion on the site during and after construction.

Erosion Controlo Erect erosion control barriers around the perimeter of cuts, disposal

pits, and roadways.o Spray water on dirt roads, cuts, fill material, and stockpiled soil to

reduce wind-induced erosion, as needed.o Maintain vehicle speeds at or below 10 mph within work areas at all

times.

DRAFT 133 RCIP TANZANIA

Stockpiles and Borrow Pitso Identify and demarcate locations for stockpiles and borrow pits,

ensuring that they are 15 meters away from critical areas such as steep slopes, erosion-prone soils, and areas that drain directly into sensitive water bodies.

o Limit extraction of material to approved and demarcated borrow pits.

Site Cleanupo Establish and enforce daily site clean-up procedures, including

maintenance of adequate disposal facilities for construction debris.

Safety during Construction The contractor’s responsibilities include the protection of every person and nearby property from construction accidents. The contractor shall be responsible for complying with all national and local safety requirements and any other measures necessary to avoid accidents, including the following:

o Carefully and clearly mark pedestrian-safe access routes.o If schoolchildren are in the vicinity, include traffic safety personnel to

direct traffic during school hours.o Maintain supply of supplies for traffic signs (e.g., paint, easel, sign

material), road marking, and guard rails to maintain pedestrian safety during construction.

o Conduct safety training for construction workers prior to beginning work.

o Provide personal protective equipment and clothing (e.g., goggles, gloves, respirators, dust masks, hard hats, steel-toed and –shanked boots) for construction workers and enforce their use.

o Post Material Safety Data Sheets for each chemical present on the work site.

o Require that all workers read, or are read, all Material Safety Data Sheets. Clearly explain the risks to them and their partners, especially when pregnant or planning to start a family. Encourage workers to share the information with their physicians, when relevant.

o Ensure that the removal of asbestos-containing materials or other toxic substances be performed and disposed of by specially trained workers.

o During heavy rains or emergencies of any kind, suspend all work.o Brace electrical and mechanical equipment to withstand seismic

events during construction.

Nuisance and dust controlTo control nuisance and dust the contractor should:oMaintain all construction-related traffic at or below 15 mph on streets

within 200 m of the site.oMaintain all on-site vehicle speeds at or below 10 mph.oTo the extent possible, maintain noise levels associated with all

machinery and equipment at or below 90 db.

DRAFT 134 RCIP TANZANIA

o In sensitive areas (e.g., residential neighborhoods, hospitals, rest homes) stricter measures may need to be implemented to prevent undesirable noise levels.

oMinimize production of dust and particulate materials at all times to avoid impacts on surrounding families and businesses, especially to vulnerable people (i.e., children, elders).

oPhase removal of vegetation to prevent large areas from becoming exposed to wind.

oPlace dust screens around construction areas, paying particular attention to areas close to housing, commercial areas, and recreational areas.

oSpray water as needed on dirt roads, cut areas and soil stockpiles or fill material.

oApply proper measures to minimize disruptions from vibration or noise from construction activities.

Community RelationsTo enhance adequate community relations, the Contractor should:

o Following the country and EA requirements, inform the population about construction and work schedules, interruption of services, traffic detour routes, and provisional bus routes, as appropriate.

o Limit construction activities at night. When necessary, ensure that night work is carefully scheduled and the community is properly informed so they can take necessary measures.

o At least five days in advance of any service interruption (e.g., water, electricity, telephone, bus routes) the community must be advised through postings at the project site, at bus stops, and in affected homes/businesses.

Chance Find Procedures for Culturally Significant ArtifactsThe contractor is responsible for familiarizing themselves with the following “Chance Finds Procedures” in case culturally valuable materials are uncovered during excavation:

o Stop work immediately following the discovery of any materials with possible archeological, historical, paleontological, or other cultural value; announce findings to project manager; and notify relevant authorities;

o Protect artifacts as well as possible using plastic covers; implement measures to stabilize the area, if necessary, to properly protect artifacts;

o Prevent and penalize any unauthorized access to the artifacts; ando Restart construction works only upon the authorization of the

relevant authorities.

Environmental Supervision during ConstructionThe bidding documents should indicate how compliance with environmental rules and design specifications would be supervised, along with penalties for non-compliance by contractors or workers. Construction supervision requires oversight of compliance with the

DRAFT 135 RCIP TANZANIA

manual and environmental specifications by the contractor or his designated environmental supervisor. Contractors are also required to comply with national and municipal regulations governing the environment, public health, and safety.

DRAFT 136 RCIP TANZANIA

16 ANNEX 7: FORMAT OF AN ANNUAL ENVIRONMENTAL REPORT

Relevant environmental authority:Reporting dates:District:Sub-projects approved:

Sub-project title

Activities Project phase

(1)

Env. category

EIA / EMP completed?

Env. Permit

granted?

Effectiveness of EMP

Issues (2)

(name, location, title, or reference)

(new construction, rehabilitation, maintenance)

See note below

(A, B or C) Yes, No, or N/A Yes, No, or N/A

Good, poor, or needs

improvement

See note below

123etc

Sub-projects rejected:

Sub-project title Activities Reasons for rejection Remarks (3)

123etc

Notes:(1) Sub-project phase will be one of the following: (a) under project preparation or appraisal, (b) appraised, or (c)

implementation.(2) Issues: accidents, litigation, complaints, or fines are to be listed.(3) For example, if an environmental permit was not granted, explain why.

DRAFT 137 RCIP TANZANIA

DRAFT 138 RCIP TANZANIA

17 ANNEX 8: TERMS OF REFERENCE FOR AN EMP

The EMP should be easy to use. References within the plan should be clearly and readily identifiable. Also, the main text of the EMP needs to be kept as clear and concise as possible, with detailed information relegated to annexes. The EMP should identify linkages to other relevant plans relating to the project, such as plans dealing with resettlement or indigenous peoples issues. The following aspects should typically be addressed within EMPs.

Summary of impacts: The predicted adverse environmental and social impacts for which mitigation is required should be identified and briefly summarized.Cross-referencing to the ESIA report or other documentation is recommended so that additional details can be readily referenced.

Description of mitigation measures: The EMP identifies feasible and cost-effective measures to reduce potentially significant adverse environmental and social impacts to acceptable levels. Each mitigation measure should be briefly described with reference to the impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies). These should be accompanied by, or referenced to, designs, equipment descriptions, and operating procedures that elaborate on the technical aspects of implementing the various measures. Where mitigation measures may result in secondary impacts, their significance should be evaluated.

Description of monitoring program: Environmental performance monitoring should be designed to ensure that mitigation measures are implemented and have the intended result, and that remedial measures are undertaken if mitigation measures are inadequate or the impacts were underestimated within the ESIA report. It should also assess compliance with national standards and World Bank Group requirements or guidelines.

The monitoring program should clearly indicate the linkages between impacts identified in the ESIA report, indicators to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions. Although it is not essential to have complete details of monitoring in the EMP, it should describe the means by which final monitoring arrangements will be agreed.

Institutional arrangements: Responsibilities for mitigation and monitoring should be clearly defined. The EMP should identify arrangements for coordination between the various actors responsible for mitigation.

DRAFT 139 RCIP TANZANIA

Environmental Management PlanA. Mitigation

ProjectActivity

PotentialEnvironmental and SocialImpacts

Proposed Mitigation Measure(s)(including legislation and regulations)

Institutional Responsibilities(including enforcement and coordination)

CostEstimates

Comments (e.g., secondary impacts)

Pre-Construction Phase

Construction Phase

Operation and Maintenance Phase

Environmental Management PlanB. Monitoring

ProposedMitigationMeasure

ParametersTo be Monitored

Location Measurements(including methods and equipment)

Frequency of Measurement

Responsibilities(including review and reporting)

Cost(equipment and individuals)

Pre-Construction PhaseConstruction Phase

Operationand MaintenancePhase

Total Costfor all Phases

DRAFT 140 RCIP TANZANIA

Environmental Management PlanC. Institutional Strengthening and Training for Implementation

I. Institutional Strengthening Activity

Position(s)(Institutions, PIUs, contractors, construction supervision consultants)

Scheduling Responsibilities Cost Estimates

Mitigation Measures

Monitoring Requirements (including compliance)II. Training Activity Participants Types of

TrainingContent (modules, etc.)

Scheduling Cost Estimates

EMP Implementation, Re-design, Conflict ResolutionEnvironmental Processes, Methods, and Equipment Environmental Policies and Programs

Environmental Management PlanD. Scheduling and Reporting

Year 1 Year 2 Etc.Activity Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4Mitigation Measures--------------------------

Monitoring------------------------

Institutional Strengthening------------------------

Training------------------------

DRAFT 141 RCIP TANZANIA