Environmental Assessment and Review Framework (Draft)

April 2012

TIMOR LESTE

Road Climate Resilience Project

Additional Finance

Table of ContentsI. INTRODUCTION...........................................................................................................1

A. Overview...................................................................................................................1B. Purpose of the EARF................................................................................................1C. Environmental Categorization..................................................................................1

II. ASSESSMENT OF LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY........1A. Institutional Framework............................................................................................1B. Institutional Capacity................................................................................................1

III. ANTICIPATED ENVIRONMENTAL IMPACTS............................................................1IV. ENVIRONMENTAL ASSESSMENTS FOR SUBPROJECT ROADS COMPONENTS1

1. Environmental Criteria for Subproject Road Selection.............................................12. Environmental Assessment......................................................................................1a. Screening.................................................................................................................1

The Environmental Assessment and Review Framework is a document of the borrower. The views expressed herein do not necessarily represent those of the World Bank or ADB’s Board of Directors, Management or staff, and may be preliminary in nature. Your attention is directed to the "Terms of Use" section of this website.

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b. Preparation of Environmental Assessment Report...................................................1V. CONSULTATION, INFORMATION DISCLOSURE AND GRIEVANCE REDRESS MECHANISM.......................................................................................................................1

A. Public Consultation...................................................................................................1B. Information Disclosure..............................................................................................1C. Grievance Redress Mechanism...............................................................................1

VI. INSTITUTIONAL ARRANGEMENTS AND RESPONSIBILITIES................................1A. Implementation Arrangements.................................................................................1B. Responsibilities.........................................................................................................1C. Environmental Costs................................................................................................1

VII. MONITORING AND REPORTING................................................................................1A. Environmental Reporting..........................................................................................1B. Environmental Monitoring Reports...........................................................................1

Table 2.1: Environmental Regulatory Compliance

Appendix 1: Government Environmental Policies, Laws, Regulations and StandardsAppendix 2: Rapid Environmental Assessment (REA) ChecklistAppendix 3: Outline of an Environmental Impact Assessment ReportAppendix 4: Development Proposal Application formAppendix 5: Checklist of Environmental Mitigation and Environmental Performance MonitoringAppendix 6: Guidelines for Site Specific Environmental Management Plan contentsAppendix 7: Outline of a environmental management plan monitoring reportAppendix 8: Grievance Redress Mechanism

The Environmental Assessment and Review Framework is a document of the borrower. The views expressed herein do not necessarily represent those of the World Bank or ADB’s Board of Directors, Management or staff, and may be preliminary in nature. Your attention is directed to the "Terms of Use" section of this website.

ABBREVIATIONSADB – Asian Development BankDDC – detailed design consultantsDEIA – Department of Environmental Impact AssessmentDLEL - DDL5/11ee Law 5/2011 Environmental Licensing DRBFC National Directorate of Roads Bridges and Flood ControlEA – executing agencyEIA – Environmental impact assessmentEMP – Environmental management planESO – environment and safety officer (in DRBFC)GRC – grievance redress committeeGOTL – Government of Democratic Republic of Timor-LesteIEE – initial environmental examinationIES – International environmental and safety specialistMAFF – Ministry of Agriculture Fisheries and ForestryMOF Ministry of Finance MOI – Ministry of InfrastructureMTRNDP medium-term road network development program NDCP – noise and dust control planNDE - National Directorate of EnvironmentNES – national environmental and safety specialistNGO – non – government organizationPMU – Project management unit in DRBFCREA – rapid environmental assessmentROW – Right-of-wayRP – Resettlement planRRP – Report and Recommendation of the PresidentSEMP – Site specific environmental management plansSPS – ADB’s Safeguard Policy Statement (2009)SR – sensitive receiverTA – technical assistanceTOR – terms of referenceTRP – tree-cutting and replanting planTTMP WB

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temporary transport management plan World Bank

I. INTRODUCTION

A. Overview1. The Government of Timor Leste (GOTL) has requested the Asian Development Bank (ADB) and the World Bank (WB) to provide financing to facilitate the upgrading of roads proposed in the Road Network Upgrading Sector Project (RNUSP), and Road Climate Resilience Project (RCRP). The objective is to provide a comprehensive program to upgrade, rehabilitate and maintain priority roads in the road network of Timor Leste that provides links between major cities and towns. The Project will use a sector approach to finance a portion of the medium-term road network development program (MTRNDP), which was initially prepared under ADB TA 7100 TIM: Preparing the Road Network Development Project. ADB is proposing to fund RNUSP, in parallel with World Bank (WB) and Japan International Cooperation Agency (JICA).

2. The candidate priority core subproject roads for improvement have been suggested by Ministry of Infrastructure (MOI) based on ADB TA 7100-TIM. The existing bitumen roads will be improved, widened and resurfaced to bring the selected roads up to standard. The road improvements have not yet been designed in detail but JICA completed a feasibility study1 in 2011 for core subproject road stretches on the National Highway A01 (proposed for support from Government of Japan). Detailed designs for other core road subprojects on the A03 and A04 roads (proposed for ADB support) and A02 (proposed for WB support) are being prepared.

3. The executing agency for the upgrading and improvements of RNUSP is the Ministry of Finance (MOF) and the implementing agency will be MOI. The line agency for the implementation will be Department of Roads Bridges and Flood Control (DRBFC) who will be assisted by a Project Management Unit (PMU) staffed by consultants.

4. A project management unit (PMU) exists in MOI to lead implementation of some other projects. However, the government is restructuring major project approval and implementation arrangements. A Major Projects Secretariat (MPS) has been established in the Ministry of Finance (MOF) that may share the responsibility of Project implementation. The Project processing team will conduct consultations with the government during Project preparation to agree on the implementation arrangements. The final choice of roads for improvement and the necessary environmental assessments will be prepared by MOF and MOI, with assistance from consultants (PMU) during the implementation of the improvement works for RNUSP.

5. The upgrading and construction of the subproject roads is likely to require the relocation and reprovisioning of some sections of utilities (mainly power distribution lines and water pipes) at some locations. The reprovisioning of utilities will be carried out after discussions with the power and water providers in the early stages of the implementation by either the power and water providers or by the contractors as entrusted works.

B. Purpose of the EARF6. The environmental assessment and review framework (EARF) aims to provide guidance on safeguard screening, assessment, institutional arrangements, and processes to be followed for subproject roads and other non-sensitive components, where design takes place after Board approval. The priority subproject roads and designs which have yet to be defined in detail are the subject of this EARF. The borrower will agree with the World Bank and ADB on screening and categorization, environmental assessment, environmental management plan and preparation and implementation, monitoring, and preparation of safeguard plans for the subproject roads and utilities reprovisioning to facilitate compliance with the requirements

1 Nippon Koei Co Consultants, JICA Road Network Development Sector Project (RNDSP) Final Report February 2011.

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specified in the World Bank Safeguard Policies and ADB Safeguard Policy Statement (SPS) and GOTL rules and regulations. Accordingly this EARF has been prepared for this Project and to harmonize the World Bank and ADB Safeguard requirements.

7. This EARF (i) describes the Project and its subproject components; (ii) explains the general anticipated environmental impacts and mitigation measures which will be financed under the Project after the World Bank and ADB Board approvals; (iii) specifies the requirements that will be followed in relation to subproject roads screening and categorization, assessment, environmental management plan and planning, including arrangements for meaningful consultation with the affected people and other stakeholders and information disclosure requirements; (iv) assesses the adequacy and capacity of the Project proponents to implement national laws and the World Bank and ADB’s requirements and identifies needs for capacity building; (v) specifies implementation procedures, institutional arrangements, and capacity development requirements; and (vi) specifies monitoring and reporting requirements.

8. The locations of the subproject roads are broadly known but not confirmed and the detailed design must come later. Therefore conformance to sub-project selection criteria is not really an issue for this EARF as long as implementation takes place along the entire subproject road corridors.

C. Environmental Categorization9. As part of the Project Preparatory Technical Assistance TA-7698 TIM, the environmental assessment for two core subproject roads were conducted using rapid environmental assessment and produced IEE reports to meet the requirements of SPS. The Project has been classified into Environmental Category B. The environmental assessments prepared during Project preparation for the two subproject road stretches on A01 and the environmental management plan (EMP) will guide the environmental assessments of the other Subproject road upgrading that will be defined when detailed designs are known.

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II. ASSESSMENT OF LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY

10. The implementation of the Project will be governed by the World Bank Safeguard Policies, the Asian Development Bank Safeguard Policy Statement (SPS, 2009) and the environmental laws, policies and regulations of the Government of Timor Leste (GOTL).

A. Institutional Framework

11. The World Bank and Asian Development Bank. The World Bank Safeguard Policies and the ADB SPS stipulate addressing environmental concerns, if any, of a proposed activity in the initial stages of Project preparation. Safeguard frameworks will: (i) reflect fully the policy objectives and relevant policy principles and safeguard requirements governing preparation and implementation of and/or components; (ii) explain the general anticipated impacts of the and/or components to be financed under the proposed project; (iii) specify the requirements that will be followed for subproject screening and categorization, assessment, and planning, including arrangements for information disclosure, meaningful consultation with measures to involve vulnerable groups including women, grievance redress mechanism, and where applicable, safeguard criteria that are to be used in selecting components; (iv) describe implementation procedures, including budgets, institutional arrangements, and capacity development requirements; (v) specify monitoring and reporting requirements; and (vi) specify the responsibilities and authorities of the borrower/client, WB, ADB, and relevant government agencies in relation to the preparation, submission, review, and clearance of Subproject roads safeguard documents, and monitoring and supervision of safeguard plan implementation.

12. To determine whether the application of safeguard frameworks is appropriate, WB and ADB will assess the borrower’s/client’s capacity to manage environmental and social impacts and risks and to implement national laws and the Banks’ requirements. If gaps exist between the Banks’ requirements and countries’ laws, or where gaps in borrowers’ capacity are apparent, the safeguard frameworks should include the details of the specific gap-filling requirements to ensure that policy principles and safeguard requirements are achieved.

13. The Project has been classified into Category B. Accordingly an Environmental Impact Assessment (EIA) / IEE has been prepared to address the potential impacts in line with the Bank Policies. Stakeholder consultation was an integral part of the EIA / IEE for the environmental management plan (EMP) specifying mitigation measures to be adhered to during preparation and implementation of the Project. The Subproject road upgrading and improvements will take place under similar urban fringe and rural conditions as the existing main A01 road and therefore the EMP in the EIA / IEE is also likely to be more or less sufficient to cover all foreseeable impacts and the EMP can also be adhered to during implementation of the Subproject road improvements and utilities reprovisioning to provide the necessary mitigation measures. However environmental assessments must be prepared for the Subproject roads to be in line with the WB Safeguard Policies and the SPS.

14. Government of Timor Leste. The GOTL laws, regulations, and standards for environmental assessment are summarized in Appendix A. The main provisions for environmental protection and pollution control in Timor Leste are contained in the Decree Law No.5/2011, 9 February 2011 on Environmental Licensing (DL5/11) and the relevant guidelines. This legislation also provides the principal mechanism for assessing and mitigating the environmental impacts of both existing and proposed projects. Under DL5/11 projects are classified as A, B or C to determine the level of environmental assessment and requirements involved. According to DL5/11 the Project is Category B because it involves construction, reconstruction, and extension of roads and bridges0. 0 Consultation with the NDE/DEIA during the course of the environmental assessments of core projects indicated that the Project is Category B and requires IEE and EMP under the DL5/11, subject to confirmation under Article

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15. In addition to the EIA/IEE for the Banks an environmental assessment must be prepared for National Directorate of Environment (NDE). In due course an environmental assessment and environmental management plan must be prepared in the prescribed format and be submitted to the NDE for approval. This will be preceded by submission of an application to NDE for terms of reference (TOR). Article 18 of DL5/11 requires that the application for environmental license must be made to the Department of Environmental Impact Assessment (DEIA). The proponent of a project classified as Category B (in this case MOI) initiates the procedure for Initial Environmental Examination and application for granting an environmental license with the submission to the environmental authority (DEIA) of a Development Proposal Application Form (Appendix 4) and information including the following documents:

I. Name of the applicant, and their identifying information and contact details;II. Location and scale of the project;III. Plans and technical drawings of the project;IV. Technical study on the feasibility of the project;V. Opinions or other documents on the project issued by other entities.VI. Environmental Management Plan (EMP);VII. Application for grant of environmental license.

16. The information and documentation referred to in the preceding paragraph need to be presented in the proper form and manner prescribed in the guidelines (Appendix 1). Public consultation is not mandatory for Category B development projects under DL5/11. However, the proponent must, conduct public consultation, to discuss project issues with relevant stakeholders. The proponent must also implement the EMP in accordance with the provisions of relevant legislation.

17. The GOTL’s environmental classifications for environmental permitting requirements and environmental regulatory compliance required for Category B developments such as this Project are listed in Table 2.1.

Table 2.1: Environmental Regulatory ComplianceGovernment of Timor Leste WB, ADB

Component Description

Sector Category B in accordance with DL5/11* Scale

Environmental

Assessment

Category in

accordance with the WB

Safeguard Policies and SPS

Environmental

Assessment

Transportation.

V 1

Rehabilitation of an existing road, excluding community road (including toll roads, bridge crossing, each with two lanes

All IEE and EMP Category B EMP, IEE

Transportation

V 2

Construction of Bridges <300m IEE and EMP

Associated ActivitiesQuarriesMining Sector I 1 Exploitation of minerals (sand and

gravel)<30,000 m3/year & >5,000 m3

IEE and EMP

Mining Sector I 2 Processing and refinement of minerals / quarrying (non toxic)

<30,000 m3/year & >5,000 m3

IEE and EMP

Hot Mix Plant

18 of DL5/11.

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IV 1

p) Other: Plant releasing environmental pollutant, noise, vibration, dust and/or smells, or plant handling flammable and/or hazardous materials (small scale, determined by the environmental authority).

Site <1ha and installation area >3000m2

IEE and EMP

WB = World Bank, ADB = Asian Development Bank, *DL5/11 = Decree Law 5/2011 Environmental Licensing, EMP = Environmental Management Plan, EMP = Environmental Management Plan, EIA = Environmental Impact Assessment, IEE = Initial Environmental Examination, SPS = Safeguard Policy Statement.

18. Under the DL5/11 the Environmental Authority has 30 days to respond to receipt of the application for an environmental license for Category B project. NDE/DEIA may suspend the review process if additional information is required and has 10 days to review the additional information or reject the application. The NDE/DEIA will also establish the conditions and restrictions deemed necessary to protect the environment as part of the environmental license.

B. Institutional Capacity

19. A capacity assessment of the DRBFC for implementation of environmental safeguards in donor assisted projects was carried out. Environmental management for earlier donor assisted projects has been through support of consultants. DRBFC has no direct experience in preparation of environmental assessment documents and the experience of the DRBFC conformance to the NDE requirements has been very limited. MOI/DRBFC’s current approach to tackling environmental issues is on a project level basis and varies with the requirements of the funding agency.

20. In Timor Leste, the environmental assessment process is established but environmental awareness and capability for implementation of EMP in infrastructure projects of both the executing agency (MOF) and the implementation agency (MOI/DRBFC) are not yet developed.

21. However there is a policy initiative. The Rural Roads Policy (2009) is awaiting endorsement (July 2011) and has as it’s main environmental objective to “develop rural road infrastructure in an environmentally sustainable way”. The need to institutionalize the tasks of environmental assessments in the design and implementation of rural roads has been identified and close cooperation with the National Directorate of Environment is anticipated. This policy is focused on rural roads but makes several significant commitments as follows:

I. MOI / DRBFC are committed to mitigate negative environmental impacts at all stages of provision and production of the rural road infrastructure.

II. MOI / DRBFC will develop comprehensive guidelines that will be followed by all involved in the planning and development of rural road infrastructure.

III. MOI / DRBFC will mainstream environmental safeguards into the planning and development of rural road infrastructure, followed up during the implementation

22. If this policy is supported effectively and applied to other infrastructure including all roads there is a basis for environmental management infrastructure projects in the medium term. However based on consultations with the various agencies, a permanent structure or division to handle environmental concerns or issues in project planning and implementation will not be available during this Project.

23. Therefore the most significant challenge for environmental management on this Project is the lack of human and financial resources and necessary

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infrastructure in DRBFC as the line agency for implementation. The institutional capacity in terms of environment, currently existing is largely that of the Project Management Unit created for the implementation of the ongoing World Bank and ADB funded projects in the transport sector. Training and orientation programs on environmental aspects have been largely through the capacity building initiatives taken up as part of the donor funded projects, and these have been mostly one at a time and have been limited to a awareness or sensitization workshops.

24. National minimum environmental standards have not yet been declared but guidelines already exist and need to be applied. However the current capacities of MOI/DRBFC headquarter and regional offices to address the environmental issues are insufficient and need to be augmented. At present there are no staffs with direct responsibility to bring environmental issues to the notice of senior management. The status quo in DRBFC is that engineering officers may occasionally be delegated to check environmental matters on an ad hoc basis but day to day environmental management is undertaken by the PMU. There is no capacity in the DRBFC to check the adequacy of the subproject EMPs or SEMPs. The IEEs and EMPs are referred to the environmental impact assessment department (DEIA) in NDE for approval. The DEIA is not directly involved with project implementation. In the long term it is recommended that a new environmental management unit should be set up to improve this capacity in the DRBFC that could work with the various environmental and forestry agencies to develop strategy and oversee the implementation of the policy as required.

25. Therefore it is proposed that DRBFC nominate one officer to act in a liaison capacity as Environmental and Safety Officer (ESO) for this Project, to be supported by an Environmental and Social Safeguards Unit (ESSU) in the PMU. The ESO will represent DRBFC to submit all necessary documents to WB/ADB. The ESSU would work with various PMU consultants with the preparation of environmental assessment documents and the conformance to the NDE requirements and respond to any environmental concerns during the implementation of the Project. The PMU/ESSU are to ensure that the ESO is fully conversant with progress on a weekly basis.

26. A capacity building program in environmental assessment and management will be prepared, and shall be carried out by the national environmental specialist (NES) or international environmental specialist (IES) of the PMU. Staff in the PMU, the ESO and the contractors will receive training and capacity support from the international environmental specialist (IES) and national environmental specialist (NES) to ensure learning and development, as well as smooth and effective implementation of the EMP.

27. The proposed capacity building will include (a) awareness training of the PMU and Contractors and staff of other stakeholders on environmental management, including on the WB/ADB and GOTL requirements on environment and safeguard policies; (b) capacity building programs to improve the capability of environmental staff’ at all levels in carrying out / monitoring and implementing environmental management measures and (iii) capacity building programs on environmental issues including pollution, guidance on obtaining environmental licenses for Project location etc. The training programs will be conducted in Dili and will be carried out in accordance with the training and capacity building program worked out for the main project, during implementation.

28. Considering the number of Government agencies that need to be involved in implementing the EMP, training workshops should be conducted by the PMU/ESSU two weeks as soon as possible before works commence and refresher courses should be set up as appropriate for the first six months as the Project construction gears up. Training workshops should be conducted periodically by the ESSU as every new contractor is

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engaged and every six months or twice each year, for the second and third year, to share experience in the implementation of the works and the monitoring report on the implementation of the EMP, and to decide on remedial actions, if unexpected environmental impacts occur. In the medium to long term as the environmental responsibilities of DRBFC develop the ESO post can be developed with the aim to take over this role as capability is developed in DRBFC. If an environmental/safeguards cell can be developed in DRBFC in the medium to long term the ESO could lead that cell and the overall approach to environmental management can be consolidated in line with the policy objectives mentioned above.

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III. ANTICIPATED ENVIRONMENTAL IMPACTS

29. The potential environmental impacts are likely to be within the scope of the impacts described in the core subproject IEEs for road A01 that identify mitigation measures to minimize the impacts in the design, construction and operational phases. Environmental analysis covered potential direct, indirect, cumulative, and induced impacts but primarily focusing on the physical impacts within the Subproject roads corridors.

30. Based on current information it is anticipated that the Subproject roads will be environment category B. Environmental impacts will mostly arise during the construction phase and will be reversible but will require mitigation through design and construction phase mitigation measures. Depending on the designs and construction methods, there will be typical construction impacts from the leveling and resurfacing of the roads. The site specific environmental management planning (SEMPs) will aim to control impacts such as earthworks, stockpiling of materials, construction of new power poles and re-stringing of the various electrical power lines and reprovisioning of water mains; all of which will also have typical construction impacts. Dust and noise, waste disposal and water quality impacts arising during the construction and operation phases will have manageable environmental impacts that will require mitigation. The necessary mitigation measures are already included in the EMP for the IEEs. The residual impacts should be minor as the impacts will be mostly reversible. Health and safety hazards to workers and the public, elevated dust and noise nuisance, reuse of materials cut for earthworks, stockpiling of materials, and disruption of community services due to reprovisioning of drainage and other utilities can all be controlled through the implementation of SEMPs based on the EMP (Appendix 5) to address predicted negative environmental impacts.

31. Physical Impacts. The main physical issues relate to impacts such as earthworks for upgrading and improvement works, reuse of cut materials from earthworks, supply and installation of bitumen surfacing, erection of poles for power, earthworks for relaying water mains, temporary traffic arrangements, noise, dust and hazardous and general waste disposal. The construction will create some additional unavoidable dust, noise and vibration in addition to the main civil works and all the above require to be addressed. The EMP provided in the IEE will be sufficient to cover all foreseeable negative environmental impacts. However environmental assessment for environmental review for Subproject roads should take place at the detailed design stage in case any unforeseen impacts arise in the future.

32. Management Issues. The main management issues relate to planning to control impacts such earthworks, reuse of materials cut from earthworks, stockpiling of materials, re-provisioning electric power lines and water mains, temporary traffic management measures, management of waste disposal, materials supply, drainage, controlling noise and dust and managing workers and public safety.

33. Biological Impacts. The main biological issues relate to possible removal of roadside trees in the works areas and compensatory planting. There is no issue of interference with sites protected for their biodiversity. There will be no interference with protected forests as the works will be situated within the existing road corridor/right of way (ROW). The Subproject road alignments will need to be checked at the detailed design stage to ensure they do not overlap on or infringe on any parcels of land to be included in Protected Areas that may be declared during the course of the Project. If Subprojects do overlap on to Protected Areas subsequently declared after project preparation but during the course of the Project WB/ADB and NDE will be informed and these matters will be included in the environmental assessment and monitoring reports for Subprojects in order that the environmental categorization can be reviewed, if necessary, under SPS and DL5/11.

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34. Social Impacts. The social and human impacts to subproject road corridor activities and impacts to social infrastructure will be mitigated through implementation of the Resettlement Plan.

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IV. ENVIRONMENTAL ASSESSMENTS FOR SUBPROJECT ROADS COMPONENTS

1. Environmental Criteria for Subproject Road Selection35. The Subproject roads have not yet been designed in detail but it is unlikely that any of the Subproject roads would need to be excluded on environmental grounds.

36. Moreover the Subproject roads will need to be defined more precisely in an environmental assessment to reconfirm that impacts are as expected at the project preparation stage and that impacts can be mitigated by the EMP (Appendix 5). The environmental assessment reports shall be prepared by PMU/ESSU and approved by the WB/ADB during the implementation of the Project and prior to commencement of any site works for Subproject roads.

37. Subproject roads will conform to the alignment of the existing roads in which case there are few environmental concerns as the Subproject road corridors are already disturbed. If in unexpected circumstances new locations or alignments are required for Subproject roads, the following environmental criteria for selecting alignments will be used:

(i) Avoid direct or indirect significant, negative impacts on areas protected for their biodiversity such as “Wildlife Protected Areas”, “National Parks” or “conservation areas”.

(ii) Avoid Subproject roads and work sites that cross areas of primary undisturbed forest. Only sites that have previously been cleared are to be accepted.

(iii) Avoid direct or indirect significant, negative impacts on important items of cultural heritage or places of worship.

(iv) Wherever possible avoid widening in areas that are currently under human habitation that would occupy land such as gardens or other village facilities, schools and health facilities.

(v) Avoid Subproject roads that will cause other environmental impacts that would trigger categorization as a ‘Category A’ project in accordance with the World Bank’s Safeguard Policies and the ADB’s Safeguard Policy Statement (2009) and Decree Law 5/2011. Category A projects will not be approved without clearance from the WB/ADB.

2. Environmental Assessmenta. Screening

38. Environmental categorization for the feeder roads and the utilities reprovisioning shall be determined by the World Bank’s Safeguard Policy on Environmental Assessment OP 4.01 (Revised May 2011) / ADB. ADB's rapid environmental assessment (REA) checklist (Appendix 2) shall be used for determining environmental categorization. Given that none of the Subproject roads will be Category A, the Subproject roads to be identified and prepared after the loan approval may be assigned to one of the following categories:

o Category B. According to the World Bank OP4.01, a proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats--are less adverse than those of Category A projects.  According to ADB, a proposed project is classified as category B and an IEE is required if its potential adverse environmental impacts are less adverse than those of category A projects. In both cases, these impacts are site-specific,

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few if any of them are irreversible, and in most cases mitigation measures can be designed more readily than for Category A projects.

o Category C. A proposed project is classified as category C if it is likely to have minimal or no adverse environmental impacts. No environmental assessment is required although environmental implications need to be reviewed.

b. Preparation of Environmental Assessment Report39. PMU/ESSU shall liaise with the World Bank TTL / ADB's Regional Department to determine the specific requirements for environmental assessment of Subproject roads. In case of the World Bank, for many Category B projects, the Environmental Assessment may result in a management plan only. In case of ADB, the conduct of the environmental assessment shall be consistent with Appendix 1 (Safeguard Requirements 1: Environment) and Annex to Appendix 1 (Outline of an EIA Report) of ADB's SPS 2009. OP 4.01 Annex C of the World Bank Safeguard Policy on Environmental Assessment and Appendix 1 of SPS outlines the requirements that borrowers/clients should meet when delivering environmental safeguards for projects supported by the WB and the ADB. Both Annexes discuss the objectives and scope of application, and underscores the requirements for undertaking the environmental assessment process. The document also includes particular environmental safeguard requirements pertaining to pollution prevention and abatement, occupational and community health and safety, and conservation of physical cultural resources. It also outlines specific environmental criteria to be used for Subproject roads selection, for example, exclusion from negative lists for procurement or environmentally sensitive areas unless specific requirements in the SPS 2009 are met. The environmental assessment will follow the outline provided in Appendix 3 of this EARF, which is specified in the WB and ADB Policies.

40. The environmental assessment report shall include an EMP detailing the following: (i) mitigation measures for all identified adverse impacts during pre-construction, construction stages of the or Subproject roads, (ii) monitoring measures to assess environmental performance and impacts to ambient environment, (iii) implementation arrangements including responsibilities and schedule. An example is presented in matrix format in Appendix 5.

41. During the construction works and commissioning of Subproject roads, if unexpected impacts arise, the environmental assessments will be reviewed and the EMP will be updated in response to any new assumptions on construction and operational issues or any unpredicted impacts.

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V. CONSULTATION, INFORMATION DISCLOSURE AND GRIEVANCE REDRESS MECHANISM

A. Public Consultation42. World Bank’s OP 4.01 (revised February 2011) and ADB's SPS 2009 requires public consultation to be a mandatory part of environmental assessment of Category B projects. Although public consultation is not mandatory Category B projects under Timor Leste legislation (Decree Law 5/2011) the DRBFC assisted by PMU/ESSU shall undertake at least one public consultation for the Subproject roads during preparation of the environmental assessments under this EARF and cover sample areas that are representative of the Subproject roads. DRBFC assisted by PMU/ESSU will also disclose in a timely manner, adequate information in a readily accessible form to the affected people near Subproject roads. All the relevant views of affected people and other stakeholders arising from the consultation will be taken into account in Subproject road design, mitigation measures and the sharing of development benefits and opportunities. The environmental assessments for Subproject roads will document the results of public consultation by providing details of the environmental issues and concerns raised by stakeholders and by indicating how these will be addressed in the project design and mitigation measures. Proofs of consultations such as attendance sheets and minutes of meetings shall be included in the environmental assessment. ADB shall determine if adequate public consultation has been made and may require additional consultations, as necessary.

B. Information Disclosure43. Based on the World Bank and ADB requirements, the following safeguard documents to be prepared and submitted by DRBFC assisted by PMU/ESSU shall be posted on the World Bank InfoShop and ADB website:

(i) final environmental assessment upon receipt from DRBFC; (ii) new or updated environmental assessment reports if prepared to reflect

significant changes in the project during design or implementation;(iii) corrective action plan prepared during project implementation to address

unanticipated environmental impacts and to rectify non-compliance to EMP provisions; and

(iv) Quarterly environmental monitoring reports submitted by DRBFC during project implementation upon receipt. (ADB only)

44. DRBFC assisted by PMU/ESSU shall be responsible for ensuring that all environmental assessment documents and environmental monitoring reports are properly and systematically kept as part of the project records. DRBFC assisted by PMU/ESSU shall prepare these documents in English for submission to the WB/ADB and make these documents available in a form, language and at a location in which they can be readily accessed by stakeholders.

C. Grievance Redress Mechanism

45. DRBFC assisted by PMU/ESSU will establish a grievance redress mechanism (GRM) to facilitate resolution of complaints by affected people and grievances about the project’s environmental performance, in line with the requirement of World Bank and ADB's SPS 2009. The GRM will be coordinated by the designated NES/ESSU officer with portfolio for environmental matters in liaison with the Suco leaders and committees at the district level. The public will be made aware of the relevant contact numbers and contact person in DRBFC/PMU/ESSU through media publicity and notice boards at the construction sites for the Subproject roads and local authority offices. The public will be made aware that the DRBFC and PMU have an open door policy and that the complainant can remain anonymous if requested. The GRM will address affected people's concerns and complaints promptly, using an understandable and transparent process. The GRM shall provide a framework for resolving complaints at the project level as well as beyond the project (that is, involving relevant government offices such as

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District and Suco committees, NDE, etc.), using the existing judicial or administrative remedies. The GRM (Appendix 8) shall be agreed with DRBFC and described in detail in the environmental assessments for Subproject roads.

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VI. INSTITUTIONAL ARRANGEMENTS AND RESPONSIBILITIESA. Implementation Arrangements

46. Ministry of Infrastructure (MOI) has been the Executing Agency (EA) for all World Bank and ADB-funded road projects since 2000. A project management unit (PMU) exists in MOI to lead project implementation. However, the government is restructuring major project approval and implementation arrangements. A Major Projects Secretariat (MPS) has been established in the Ministry of Finance (MOF) that may share the responsibility of project implementation. A consulting firm will be hired under the Project to provide consulting services for detailed engineering design, construction supervision, and other assignments, as needed. For purposes of this EARF it is assumed that the executing agency (EA) will be the Ministry of Finance (MOF). The implementing agency (IA) will be the Ministry of Infrastructure (MOI). National Directorate for Roads, Bridges and Flood Control (DRBFC) will be the line agency for implementation.

47. Project Management Unit: The DRBFC will establish a project management unit (PMU) as a consultancy that will assist DRBFC to manage detailed design and supervision of construction. For purposes of this report it is assumed that the PMU will incorporate project detailed design consultant engineers (DDC). It is assumed that the PMU will undertake the project construction supervision (possibly assisted by construction supervision consultants). Reconstruction and upgrading will be completed by end 2015. For purposes of this IEE it is assumed that there will be a conventional ICB bidding to secure contractors for upgrading and/or reconstruction of the Subproject roads. Detailed design, bidding, securing contractors and upgrading works are proposed to take place over a three year period between 2012 and 2015.

48. The PMU established by DRBFC will be headed by a full-time Project Director (PD) and supported by consulting staff responsible for the management and coordination of the Project. The PMU will be responsible for the following in relation to the Subproject works: (i) assisting the IA in implementing the Project; (ii) carrying out procurement and engaging detailed design consultants (DDC) and contractors; (iii) liaising and coordinating with the DRBFC and DDC and (iv) managing the contractors, and liaising with other stakeholders, on the day to day implementation of Project activities. The PMU will contain experienced consultants to serve as the International Environmental and Safety Officer (IES) and a National Environmental and Safety Officer (NES) to oversee contractors implementation of the EMP for their respective works. (There will also be a Social Safeguards Officer (SSO) to oversee implementation of the Resettlement Plan).

49. Consultant Support for Environment. The Environmental and Social Safeguard Unit (ESSU) to be established in the PMU will consist of at least an International Environmental and Safety Officer (IES, intermittent) and a National Environmental and Safety Officer (NES) to oversee environmental safeguards implementation on a day to day basis. The IES and NES will update the draft IEE during detailed design and supervise implementation of the EMP during construction. These specialists will also conduct safeguards capacity building activities within the DRBFC/PMU and assist DRBFC with the environmental clearance. The IES assisted by the NES will submit an updated IEE for review and approval (prior to construction contract award) and quarterly monitoring reports on behalf of DRBFC to ADB for review. The IES/NES (working within PMU) will also be responsible to assist DRBFC to submit environmental assessments (including preparation of IEEs and EMPs for all subsequent the Subproject roads) to facilitate compliance with the requirements to NDE and obtain environmental clearance for the Project under the DL5/2011. The application form for environmental license is attached in Appendix 4.

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50. To facilitate EMP implementation, during construction the contractors must be prepared during the tendering and pre-construction phase to cooperate with DRBFC/PMU/ESSU and the local population in the mitigation of impacts. However, experience suggests that contractors may have little impetus or interest in dealing with environmental problems in the absence of performance-related criteria. Therefore the contractor will be required to work with the ESSU to update the draft site specific EMPs (SEMP Appendix 6) prepared by the PMU/ESSU during detailed design phase. Clearances for payments will include certification from the PMU/ESSU as to the effective implementation of the SEMPs and all other mitigation measures specified in the EMP. The completion of implementation of mitigation measures will therefore be linked to payment milestones.

B. Responsibilities

51. The responsibilities for the preparation, submission, review and clearance of IEE for Subproject roads are presented below.

52. All staff in the PMU will receive training and capacity support from the ESSU safeguard specialists to ensure learning and development, as well as smooth and effective implementation of the EMP.

TABLE 6.1: RESPONSIBILITIES FOR EMP IMPLEMENTATION Agency ResponsibilitiesDepartment of Roads bridges and Flood Control (DRBFC)

Line agency with overall responsibility for project construction and operation.

Ensure that sufficient funds are available to properly implement the EMP. Ensure that the Project, regardless of financing source, complies with the

provisions of the EMP and the World Bank Safeguard Policies and ADB Safeguard Policy Statement 2009 (SPS).

Ensure that Project implementation complies with GOTL decree laws, environmental policies and regulations.

Ensure that tender and contract documents for civil works include the EMP and SEMPs.

Submit semi-annual monitoring reports on EMP implementation to ADB.District Department of Roads bridges and Flood Control (DDRBFC)

Responsible for operation and maintenance of Project road. Implement EMP monitoring during operation.

Project Management Unit (PMU)

Ensure that EMP provisions are strictly implemented during various project phases (design/pre-construction, construction and operation) to mitigate environmental impacts to acceptable levels.

Undertake monitoring of the implementation of the EMP (mitigation and monitoring measures).

Ensure that Project implementation complies with the World Bank Safeguard Policies and ADB's environmental policy and safeguards policy statement (SPS 2009) principles and requirements

During detailed design and thereafter for project duration, commit and retain at least one full time staff within PMU as national environment and safety officer (NES) and one international environment and safety specialist intermittently to oversee EMP implementation.

Ensure that environmental protection and mitigation measures in the EMP are incorporated in the detailed design, the bid documents and contracts.

Ensure that DRBFC has obtained necessary environmental license(s) from NDE/DEIA prior to award of civil works contracts.

Ensure that contractors obtain necessary environmental license(s) from NDE/DEIA prior to commencement of civil works contracts.

Assist DRBFC to establish an environmental grievance redress mechanism, as described in the IEE, to receive and facilitate resolution of affected peoples' concerns, complaints, and grievances about the Project's environmental performance.

Assist DRBFC to prepare quarterly or semi-annual environmental

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Agency Responsibilitiesmonitoring reports for submission to WB/ADB and other cofinanciers as necessary.

Based on the results of EMP monitoring, identify environmental corrective actions and prepare a corrective action plan, as necessary, for submission to WB/ADB and other cofinanciers as necessary

Ensure that the DDC incorporate into the project design the environmental protection and mitigation measures identified in the EMP for the design stage.

Assist DRBFC to ensure that all environmental requirements and mitigation measures from the IEE and EMP are incorporated in the bidding documents and contracts

During detailed design phase carry out baseline data collection on air quality and noise (as specified in the EMP)

During detailed design phase, prepare method statement/SEMPs (Erosion Control Plan, Waste Management and Spoils Disposal Plan, Noise and Dust Control Plan, etc.) described in the IEE/EMP.

Implement all mitigation and monitoring measures for various project phases specified as PMU’s tasks in the EMP.

Work with DRBFC to execute any additional environmental assessment for sub-projects prior to project construction as required in the EMP (e.g., preparation of new or supplementary environmental assessment in case of change in alignment that will result to adverse environmental impacts that are not within the scope of the IEE prepared during loan processing, etc.)

Undertake environmental management capacity building activities for DRBFC and orientation and awareness training for contractors as described in the IEE and EMP.

Engage international and national environment and safety specialists to ensure proper implementation of EMP provisions. Through these specialists, the PMU shall: (i) ensure proper and timely implementation of PMU’s environmental and safety tasks specified in the EMP, (ii) conduct environmental training as specified in the IEE/EMP for DRBFC, (iii) conduct contractors and workers’ orientation on EMP provisions, (iv) undertake regular monitoring of the contractor’s environmental performance, as scheduled in the EMP (v) conduct field measurements for dust and noise as required in the EMP, (vi) update and improve mitigation and monitoring measures for any unidentified or unexpected impacts, inform ADB and update the EMP and SEMPs accordingly and (vii) prepare environmental baseline report and environmental semi-annual environmental monitoring reports , as specified in the EMP, for submission to ADB.

Detailed Design Consultant (DDC may be included in PMU)

Incorporate into the project design the environmental protection and mitigation measures identified in the EMP for the design stage;

During detailed design phase provide all necessary information to the PMU to facilitate preparation of SEMPs (Erosion Control Plan, Waste Management and Spoils Disposal Plan, Noise and Dust Control Plan, etc.) described in the IEE/EMP.

During detailed design phase notify PMU of any change in alignment or project design/components and provide all necessary information to the PMU to facilitate preparation of any additional environmental assessment prior to project construction as required in the EMP (e.g., preparation of new or supplementary environmental assessment in case of change in alignment that will result to adverse environmental impacts that are not within the scope of the IEE prepared during loan processing, etc.)

During detailed design phase provide all necessary information to the DRBFC to facilitate obtaining environmental licenses from NDE prior to award of civil works contracts.

Contractors Ensure compliance with environmental statutory and contractual obligations and proper implementation of WB/ADB requirements including EMP.

Obtain necessary environmental license(s) from NDE/DEIA for associated facilities for subproject works, quarries, hot-mix plant etc. prior to commencement of civil works contracts.

Train site agents and conduct awareness training of staff and workers to ensure compliance with environmental and safety statutory and contractual

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Agency Responsibilitiesobligations and proper implementation of WB/ADB requirements including the EMP.

Based on the results of EMP monitoring, cooperate with the PMU to implement environmental corrective actions and corrective action plans, as necessary.

Based on the results of EMP monitoring, cooperate with the PMU to implement environmental corrective actions and corrective action plans, as necessary.

Respond promptly and efficiently to requests and instructions from PMU for environmental corrective actions and corrective actions and implement additional environmental mitigation measures, as necessary.

Provide sufficient funding and human resources for proper and timely implementation of required mitigation measures in the EMP.

National Directorate of Environment (NDE)

Review and approve environmental assessment reports required by the GOTL.

Issue, and renew environmental licenses as required by the GOTL during the life of the project.

Undertake monitoring of the project’s environmental performance based on their mandate.

C. Environmental Costs.

53. As part of good engineering practices in the Project, the costs associated with mitigation measures such as spoil management, safety, signage, dust prevention, noise mitigation, etc. will be included in the design costs of the subprojects. The IEE costs include monitoring costs during construction and capacity building costs on environmental management, all of which are absorbed into PMU or contractors works packages. The costs for training proposed include the costs incurred towards site visits, travel to the training program by the participants, printing of training materials and other logistic arrangements, etc. The costs involved towards preparation of training material and imparting of training are covered in the PMU fees. The estimated sample budget for the environmental management costs for the subproject is presented in Table 6.2 below. The government counterpart funding required, covering the costs for environmental licensing, will be born by Government under DL5/11. Tree planting estimates and costs are included as a separate line item under the total project costs but will require clarification at the detailed design stage.

Table 6.2: Summary of Estimated Costs for EMP Implementation (3 years)*Item Estimated Total

Cost (USD)Costs covered by

Environmental specialists in PMU

International (1 person for 12 man months USD25,000/month intermittent over 3 years)*

~300,000 PMU

National (1 person for 36 months @ USD3,000/month)* ~118,000 PMU

Environmental management capacity building program/training to be undertaken by PMU (using International and local Consultants)

~20,000 PMU

Environmental impact monitoring (allow USD25,000 for portable monitoring equipment and USD5,000 / year for chemicals / calibration)

~40,000 PMU

Mitigation measures (included in project costs) Part of project design and construction costs

Contractor

Environmental Permitting** To be confirmed

MOI/DRBFC

Tree Planting (1000 trees) (subject to discussion with National Directorate of Forests at detailed design stage

To be confirmed ~50 000

Contractor or Communities

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*includes design and construction phases.** N.B. Expenditure on environmental licensing procedure are the responsibility of the state according to Article 43 of DL5/2011 therefore cost of permits for environmental license as clearance certificate under DL5/2011 required from DEIA should be nil.

54. Climate Change Adaptation Measures Costs. In line with the requirements and recommendations from previous assessments and particularly from WB and ADB TA 7100, climate change adaptation strategies have been recognised. The applicability of these strategies for DDC to include in the detailed designs will depend on certain assumptions about project implementation that are reviewed below.

55. In order to address sea level changes and increased storm surge wave height DDC will include the following strategies in the detailed design on a Project wide basis:

I. Realignment: It is assumed that the subproject will follow the existing horizontal alignment and the inclusion of this strategy will be confined to adjustments of the road vertical alignment where the elevation of the road is 2masl or less that 2masl, increase the vertical alignment to raise all areas of the road above 2masl.

II. Erosion protection: The road is subject to risk of erosion from wave action particularly where vertical alignment is 2masl or less that 2masl and the preferred strategy is to construct an earth levee bank with rip rap protection against erosion by wave action and culverts every 150m.

III. Increased maintenance: The road currently not maintained very frequently and therefore the quantity and frequency of maintenance will be increased in response to the faster rate of physical deterioration.

56. In most core subprojects identified so far the alignments are mainly away from the coast or through hilly and mountainous sections. However in some of the subproject roads there will be stretches that are near the sea and that could be affected by the predicted risks of erosion from wave action particularly where vertical alignment is 2masl or less. In this case the preferred strategy is to construct an earth levee bank with rip rap protection against erosion by wave action and culverts every 150m. The cost of climate change adaptation measures versus sea level change or storm surge wave is will need to be calculated based on the realignment and erosion control strategies as described above at the detailed design stage.

57. Horizontal realignment away from the coast is not an option as it is assumed that the original alignment will be used for all subprojects. Increasing the height of the road by realignment to the nearest foothills would require major realignment and prima facie potentially greater environmental impacts. However vertical realignment by 1m to 2m would bring the low lying subproject road stretches height to well above the trigger level for climate change adaptation measures of 2masl. The estimated volume of additional fill material to raise low lying section of road by 1m across a 15m formation of embankment can be calculate at the detailed design stage. Fill material may have no cost as it can be obtained by crushing and grading surplus cut materials on the curves and slopes. Transportation of material is included as it would otherwise need to be transported off site as spoil. Preparation of the materials is already included in subproject costs. Other surfacing materials and preparation are included. Therefore subject to reconfirmation at the detailed design stage the cost of fill for raising road height is close to nil. This opens up a potential A “win – win” situation as using additional surplus cut materials will also reuse of many tens of thousands of tons of otherwise waste rock based material that would need to be disposed of as spoil. These matters will require reconfirmation at the detailed design stage.

58. In addition the subproject road stretches may be subject to more intense short duration precipitation and DDC will include the following strategies in the detailed design:

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I. Increase capacity of transverse drainage system: Where the intensity of short duration precipitation events increases, the capacity of transverse drainage system will be increased by providing additional large diameter relief culverts at the rate of two every kilometre.

II. Improved longitudinal drainage: The ability of the longitudinal drainage systems to accommodate the higher quantity of runoff due to the higher precipitation rates will be improved by lining drains and providing larger drains.

III. Erosion protection: Areas in the vicinity of the road, at risk of erosion, will be protected using bio-engineering techniques. In addition, steeply graded streams in the vicinity of the road will be provided with check dams to reduce sediment loads on the road drainage system.

IV. Increased maintenance: The quantity of maintenance is increased in response to the faster rate of physical deterioration.

59. Measures for improved longitudinal drainage, erosion protection and increased maintenance are likely to be included in the preliminary designs based on engineering requirements, in the feasibility study. Therefore for purposes of this EARF and estimating the approximate cost of additional climate change adaptation measures, improving the transverse drainage system is the main consideration by providing additional relief culverts at the rate of two per kilometer. The total length of core subproject roads so far identified is 264km and therefore a maximum of 528 additional culverts may be required. The feasibility study estimated the cost of average sized culverts at about 5,000US$ therefore based on those estimates, the additional costs for these climate change adaptation measures are in the order of US$ 2,640,000. The scale of bioengineering and off site tree planting for catchment stabilization cannot be calculated at this stage. If deemed appropriate for this loan such measures may be progressed at a later stage of loan negotiation or at the detailed design stage and at such a time as National Directorate of Forests can confirm the appropriate policy and strategy for such interventions.

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VII. MONITORING AND REPORTINGA. Environmental Reporting

60. The EMP will be part of the overall project monitoring and supervision, and will be mainly implemented by the contractor with oversight from PMU/ESSU. The ESSU shall provide support to PMU in implementation the EMP such as monitoring of the contractor's environmental performance and other provisions. PMU/ESSU will submit reports on EMP implementation to WB/ADB and other cofinanciers on a quarterly basis.

61. In response to the impacts identified during environmental assessment, an environmental monitoring plan (EMP) will be developed for the project. The contract documents will contain the EMP that includes all required mitigation measures and a time frame for monitoring of these activities. The monitoring will comprise surveillance to check whether the contractor is meeting the provisions of the contract during construction. ESSU in cooperation PMU, during project implementation will be required to:

Develop an environmental auditing protocol for the construction period, and formulate a detailed monitoring and management plan; and Supervise the environmental monitoring regularly, and submit monthly reports to DRBFC and quarterly to WB/ADB) based on the monitoring data and mobile laboratory analytical results. The main parameters to be monitored by the ESSU are outlined in the EMP.

B. Environmental Monitoring Reports

62. In addition, the PMU/ESSU shall submit the following environmental reporting documentation to WB/ADB:

Environmental Monitoring Reports: The environmental monitoring reports will include environmental mitigation measures undertaken, environmental monitoring activities undertaken, details of monitoring data collected, and analysis of monitoring results, recommended mitigation measures, environmental training conducted, and environmental regulatory violations. The environmental monitoring reports will be submitted to GOTL twice annually during the construction period.

Project Completion Environmental Monitoring Report: After completion of construction, the PMU shall submit a Project Completion Environmental Monitoring Report to GOTL/WB/ADB which will summarize the overall environmental impacts from the Project.

63. Quarterly Environmental Monitoring Reports: Quarterly environmental monitoring reports (Appendix 7) shall cover the status of EMP implementation in terms of required mitigation measures for different project phases, results of environmental effects monitoring (air quality, noise and surface water quality), necessary remedial actions to effectively address negative environmental impacts due to project implementation, status of environmental capacity building activities as well as documentation of complaints received and corresponding action/resolution. The environmental monitoring reports will be submitted to WB/ADB quarterly during the construction period.

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Appendix 1 GOVERNMENT ENVIRONMENTAL POLICIES, LAWS, REGULATIONS, AND STANDARDS

Environmental Policy/ Act/ Legislation Agency with Primary Responsibility Responsible Ministry Status of Legislation

Planning and ZoningZoning and Land use planning Directorate of Land and Property (DTP) Ministry of Justice No exclusive law exists at the moment; nevertheless it is governed through the “Parliament Act

No. 1 of 2003”

Development control National Directorate of Local Development and Territorial Management

None Ministry of State

Administration and Territorial Planning

No specific legislation; although the development may be subject to new legislation which is in draft stage. Department of Environment also has a stake through ‘Guideline #1 on Environmental Requirements for Development Proposals’.

Building Control Directorate for Roads, Bridges and Flood Control Ministry of Infrastructure None; however there is a Draft Regulation on Building Control – waiting for approval.

Environmental Impact Assessment

SDL5/11etary of State for EnvironmentNational Directorate Environment (NDE), Department of Environmental Impact Assessment

Minister for Economy and Development

DDL5/11ee Law No. 5 / 2011 of 9 February ENVIRONMENTAL LICENSING covers requirements for environmental assessment. [This supersedes the former legislation Environmental Management Act (Indonesian Law) which is no longer in force].

NDE NDE Guidelines 1 a. Overview Screening, Assessment & Approval Processes for Development Proposals

NDE NDE Guidelines 2 1. Development Proposal ApplicationNDE NDE Guidelines 3 2. Screening of Development ProposalsNDE NDE Guidelines 4 Scoping and the Preparation of Terms of ReferenceNDE NDE Guidelines 5 3. Public Engagement RequirementsNDE NDE Guidelines 7 Preparation of an Environmental Management PlanNDE NDE Guidelines 8 Classification of Scheduled Premises and The Issuance of Pollution Licenses

Environmental management

NDE also refers to guidelines written earlier based on UNTAET guidance, where these are not superseded by the above legislation.

NDE UNTAET 1 Environmental Requirements for Development Proposals (2003)NDE UNTAET 2. Mechanised Sand and Gravel Extraction from Rivers and Borrow Pits NDE UNTAET 3. Small Landfill Siting Guidelines (Environmental)NDE UNTAET 4. Interim Tibar Landfill Operation GuidelinesNDE UNTAET 5. Prescribed Activities for PollutionNDE UNTAET 6 Environmental ScreeningNDE UNTAET 7 Storage of Fuel and Oil

UNTAET 8 Noise

Pollution Control SDL5/11etary of State for Environment Minister for Economy and Development

DDL5/11ee Law No. 5 / 2011 of 9 February ENVIRONMENTAL LICENSING in force; andUNTAET / NDE #5 on Prescribed Activities for Pollution Control; UNTAET / NDE Guideline #7 on Storage of Fuel and Oil; and UNTAET / NDE Guideline #8 on Ambient Noise.The proposal for preparation of Regulations on Pollution Control has been forwarded to the Council of Ministers.

Forestry and land-clearingTrees and Forest National Directorate of Forests Minister for Agriculture

and Fisheries National Forestry Programme and Policy Statement (Dec 2000) approved by the Minister for Agriculture in 2001; and UNTAET Reg. 2000/17, but `comprehensive legislation is required.

Biodiversity and protected naturals areas

Environmental Policy/ Act/ Legislation Agency with Primary Responsibility Responsible Ministry Status of Legislation

Endangered species National Directorate of Forests Minister for Agriculture and Fisheries UNTAET Reg. 2000/19, (interim only) permanent legislation required

Protected Wildlife Areas National Directorate of Forests Minister for Agriculture and Fisheries UNTAET Reg. 2000/19, (interim only) permanent legislation required

Coral reefs and mangroves National Directorate of Forests Minister for Agriculture and Fisheries UNTAET Reg. 2000/19, (interim only) permanent legislation required

Wetlands National Directorate of Forests Minister for Agriculture and Fisheries UNTAET Reg. 2000/19, (interim only) permanent legislation required

Waste ManagementSolid waste (collection and transport)

SDL5/11etary of State of Electricity, Water and Urbanization and Local Government Bodies

Minister of InfrastructureNot in existence at the moment; however funding proposal for a solid waste collection system has been drafted by Government of Democratic Republic of Timor Leste and adopt by UNDP which include funding for legislative drafting.

Solid Waste Disposal (site selection) Directorate of Environment Minister for Economy

and DevelopmentNo specific legislation; but the UNTAET Guideline #3 on Small Landfill Site Selection (Environmental); and UNTAET / NDE Guideline #4 on Interim Tibar Landfill Operations do exist

Sanitation SDL5/11etary of State of Electricity, Water and Urbanization Minister of Infrastructure No specific legislation; but the Policy Document has been approved by the Cabinet and there is a

Draft Regulations on Sanitation Control, which is awaiting approval of Parliament.

Hazardous Waste Directorate of Environment Minister for Economy and Development

No specific legislation, but Directorate of Environment has draft proposal for approval pertaining to the Regulation of Pollution Control and Hazardous Waste. This proposal is currently with the Council of Ministers.A funding proposal for a solid waste collection system has been drafted by Directorate of Environment, which has been adopted by UNDP. This draft includes funding for legislative support system for handling and management of hazardous waste.

WaterWater supply SDL5/11etary of State of Electricity, Water

and Urbanization Minister of Infrastructure DDL5/11ee Law No. 5/2009 of January 15: Licensing Regulations, Sale and Quality of Drinking Water

Irrigation Not clearly Defined Minister of Agriculture and Fisheries No Specific legislation exists as of now

Pollution Control Directorate of Environment Minister of Economy and Development

UNTAET / NDE Guideline #5: Prescribed Activities for Pollution Control; also there is a proposal to approve the Regulation on Pollution Control, which is currently under discussion with Council of Ministers.

Storm-water Drainage and Urban/Municipal Drainage

Directorate for Roads, Bridges and Flood Control

Ministry of Infrastructure No specific legislation is in existence; however there is a draft regulation on sanitation and drainage prepared by the consultants hired by ADB for the water and sanitation unit in June 2001; which has not yet been passed by the Cabinet. This draft regulation may require further review.

Chemicals Crop Production Unit Ministry of Agriculture and Fisheries

No specific legislation has been enacted till date; nevertheless a policy document has been approved by the Cabinet. There is a draft regulation on the ‘Importation and Use of Agriculture Chemicals in Timor Leste’; which has yet to be approved by the Cabinet.

Fisheries

Fish and Aquatic-life SDL5/11etary of State for Fisheries Ministry of Agriculture and Fisheries

UNTAET Reg. 2000/19 provides interim protection. On 30 May 2001, the minister approved the strategy document “Fish for the Future”, containing to a proposal to develop Fisheries Management Projects which includes preparation respective legislation.

Environmental Policy/ Act/ Legislation Agency with Primary Responsibility Responsible Ministry Status of Legislation

Mineral ResourcesSand and Gravel Extraction for Construction and Commercial Uses

SDL5/11etary of State for Natural Resources; and Directorate of Environment

Minister for Economy and Development

No specific legislation has been enacted; however Directorate of Environment’s ‘Guideline #2 on Mechanised Sand and Gravel Extraction from River and Borrow Pits’ is the guiding document. UNTAET order on ‘Temporary Suspension of the Mechanised Extraction of Gravel, Sand and other Materials from the Comoro River Basin date 2 Sept 2000’ is still valid for this river.

Mining SDL5/11etary of State for Natural Resources

Minister for Economy and Development No specific legislation exists; but the draft is under preparation

Oil and Gas SDL5/11etary of State for Natural Resources

Minister for Economy and Development No specific legislation exists; but the draft is under preparation

Heritage and Cultural AffairsHeritage SDL5/11etary of State for Culture Ministry of Education UNTAET Reg. 2000/19, provide interim protection. Permanent legislation required.

Enforcement

FinesSector specific agency recommend imposition of fine through Transitional Administrator

Transitional Administrator of UNTAET determines fine up to a maximum of US 5,000 for individual, or US$ 500,000 for businesses, corporations and institutions

UNTAER Reg. 2000/17 (on logging)UNTAET Reg. 2000/19 on Protected Areas

Confiscation of prohibited animal or article (animal or coral), tools, equipment or vehicle used in offence.

UN Police and authorized personnel from Local Police are entitled to take action

Deputy Transitional Administrator of UNTAET/Government of Democratic Republic of Timor Leste

UNTAER Reg. 2000/17 (on logging)UNTAET Reg. 2000/19 on Protected Areas

Environmental Awareness

Public Awareness and Consultation

Undecided as of now; requires clarification. Nevertheless it involves overlapping responsibilities among Directorate of Environment; Ministry of Education and Some other ministries

Ministry of Economy and Development; and Minister for Education

No relevant legislation or guidance exists as of now

Integrate Natural Resource Management

Catchment Area Management Directorate of Environment Minister for Economy

and Development

No relevant legislation or guidance exists as of now; however the Directorate of Environment facilities ‘Natural Resource Management Working Group’ on issues pertaining to catchment area management.

Appendix 2: RAPID ENVIRONMENTAL ASSESSMENT (REA) CHECKLIST (For use by ADB Projects and as Guidance by the World Bank Projects)

Instructions:

(i) The project team completes this checklist to support the environmental classification of a project. It is to be attached to the environmental categorization form and submitted to the Environment and Safeguards Division (RSES), for endorsement by Director, RSES and for approval by the Chief Compliance Officer.

(ii) This checklist focuses on environmental issues and concerns. To ensure that social dimensions are adequately considered, refer also to ADB's (a) checklists on involuntary resettlement and Indigenous Peoples; (b) poverty reduction handbook; (c) staff guide to consultation and participation; and (d) gender checklists.

(iii) Answer the questions assuming the “without mitigation” case. The purpose is to identify potential impacts. Use the “remarks” section to discuss any anticipated mitigation measures.

Country/Project Title:

Sector Division:

Screening Questions Yes No RemarksA. PROJECT SITINGIS THE PROJECT AREA ADJACENT TO OR WITHIN ANY OF THE FOLLOWING ENVIRONMENTALLY SENSITIVE AREAS? CULTURAL HERITAGE SITE

PROTECTED AREA

WETLAND

MANGROVE

ESTUARINE

BUFFER ZONE OF PROTECTED AREA

SPECIAL AREA FOR PROTECTING BIODIVERSITY

B. POTENTIAL ENVIRONMENTAL IMPACTSWILL THE PROJECT CAUSE…

encroachment on historical/cultural areas; disfiguration of landscape by road embankments, cuts, fills, and quarries?

encroachment on precious ecology (e.g. sensitive or protected areas)?

alteration of surface water hydrology of waterways crossed by roads, resulting in increased sediment in streams affected by increased soil erosion at construction site?

Screening Questions Yes No Remarks deterioration of surface water quality due to silt runoff and

sanitary wastes from worker-based camps and chemicals used in construction?

increased local air pollution due to rock crushing, cutting and filling works, and chemicals from asphalt processing?

risks and vulnerabilities related to occupational health and safety due to physical, chemical, biological, and radiological hazards during project construction and operation during project construction and operation?

noise and vibration due to blasting and other civil works?

dislocation or involuntary resettlement of people?

dislocation and compulsory resettlement of people living in right-of-way?

disproportionate impacts on the poor, women and children, Indigenous Peoples or other vulnerable groups?

other social concerns relating to inconveniences in living conditions in the project areas that may trigger cases of upper respiratory problems and stress?

hazardous driving conditions where construction interferes with pre-existing roads?

poor sanitation and solid waste disposal in construction camps and work sites, and possible transmission of communicable diseases (such as STI's and HIV/AIDS) from workers to local populations?

creation of temporary breeding habitats for diseases such as those transmitted by mosquitoes and rodents?

accident risks associated with increased vehicular traffic, leading to accidental spills of toxic materials?

increased noise and air pollution resulting from traffic volume?

increased risk of water pollution from oil, grease and fuel spills, and other materials from vehicles using the road?

social conflicts if workers from other regions or countries are hired?

large population influx during project construction and operation that causes increased burden on social infrastructure and services (such as water supply and sanitation systems)?

Screening Questions Yes No Remarks risks to community health and safety due to the transport,

storage, and use and/or disposal of materials such as explosives, fuel and other chemicals during construction and operation?

community safety risks due to both accidental and natural causes, especially where the structural elements or components of the project are accessible to members of the affected community or where their failure could result in injury to the community throughout project construction, operation and decommissioning.

Climate Change and Disaster Risk Questions The following questions are not for environmental categorization. They are included in this checklist to help identify potential climate and disaster risks.

Yes No REMARKS

Is the Project area subject to hazards such as earthquakes, floods, landslides, tropical cyclone winds, storm surges, tsunami or volcanic eruptions and climate changes (see Appendix I)

Could changes in temperature, precipitation, or extreme events patterns over the Project lifespan affect technical or financial sustainability (eg., increased erosion or landslides could increase maintenance costs, permafrost melting or increased soil moisture content could affect sub0-grade).

Are there any demographic or socio-economic aspects of the Project area that are already vulnerable (eg., high incidence of marginalized populations, rural-urban migrants, illegal settlements, ethnic minorities, women or children)?

Could the Project potentially increase the climate or disaster vulnerability of the surrounding area (e.g., by encouraging settlement in areas that will be more affected by floods in the future, or encouraging settlement in earthquake zones)?

Note: Hazards are potentially damaging physical events.

Appendix 2 REA Continued: Environments, Hazards and Climate ChangesEnvironment Natural Hazards and Climate Change Example Impact on Roads and Highways

Arid/Semi-arid and desert environment

Low erratic rainfall of up to 500 mm rainfall per annum with periodic droughts and high rainfall variability. Low vegetative cover. Resilient ecosystems & complex pastoral and systems, but medium certainty that 10–20% of drylands degraded; 10-30% projected decrease in water availability in next 40 years; projected increase in drought duration and severity under climate change. Increased mobilization of sand dunes and other soils as vegetation cover declines; likely overall decrease in agricultural productivity, with rain-fed agriculture yield reduced by 30% or more by 2020. Earthquakes and other geophysical hazards may also occur in these environments.

Reduced availability of water for compaction during construction, increased sand on carriageways reduce road safety, road alignment may need to be reviewed where, for example, agriculturally productive zones are shifting.

Humid and sub-humid plains, foothills and hill country

More than 500 mm precipitation/yr. Resilient ecosystems & complex human pastoral and cropping systems. 10-30% projected decrease in water availability in next 40 years; projected increase in droughts, heatwaves and floods; increased erosion of loess-mantled landscapes by wind and water; increased gully erosion; landslides likely on steeper slopes. Likely overall decrease in agricultural productivity & compromised food production from variability, with rain-fed agriculture yield reduced by 30% or more by 2020. Increased incidence of forest and agriculture-based insect infestations. Earthquakes and other geophysical hazards may also occur in these environments.

Increased landslides and mudflows disrupt road networks, Increased moisture content in the subsurface can result in increased penetration of water into the fill, which may also collapse, Reduced effectiveness of drainage which results in a reduction in the bearing capacity of the soils which become saturated

River valleys/ deltas and estuaries and other low-lying coastal areas

River basins, deltas and estuaries in low-lying areas are vulnerable to riverine floods, storm surges associated with tropical cyclones/typhoons and sea level rise; natural (and human-induced) subsidence resulting from sediment compaction and ground water extraction; liquefaction of soft sediments as result of earthquake ground shaking. Tsunami possible/likely on some coasts. Lowland agri-business and subsistence farming in these regions at significant risk.

Same as above

Small islands Small islands generally have land areas of less than 10,000km2 in area, though Papua New Guinea and Timor with much larger land areas are commonly included in lists of small island developing states. Low-lying islands are especially vulnerable to storm surge, tsunami and sea-level rise and, frequently, coastal erosion, with coral reefs threatened by ocean warming in some areas. Sea level rise is likely to threaten the limited ground water resources. High islands often experience high rainfall intensities, frequent landslides and tectonic environments in which landslides and earthquakes are not uncommon with (occasional) volcanic eruptions. Small islands may have low adaptive capacity and high adaptation costs relative to GDP.

Increased salinity increases corrosion of materials which can break-down, Road is eroded by increased wave action, Increased flooding from overtopping of sea-water over road or salt-water intrusion in to groundwater,

Mountain ecosystems

Accelerated glacial melting, rockfalls/landslides and glacial lake outburst floods, leading to increased debris flows, river bank erosion and floods and more extensive outwash plains and, possibly, more frequent wind erosion in intermontane valleys. Enhanced snow melt and fluctuating stream flows may produce seasonal floods and droughts. Melting of permafrost in some environments. Faunal and floral species migration. Earthquakes, landslides and other

Damage to infrastructure from landslides and mudflows, permafrost melting causes damage to roads, glacial lake outbursts wash out river-crossings.

Environment Natural Hazards and Climate Change Example Impact on Roads and Highways

geophysical hazards may also occur in these environments.

Volcanic environments

Recently active volcanoes (erupted in last 10,000 years – see www.volcano.si.edu). Often fertile soils with intensive agriculture and landslides on steep slopes. Subject to earthquakes and volcanic eruptions including pyroclastic flows and mudflows/lahars and/or gas emissions and occasionally widespread ashfall.

Damage and loss of roads, insecuirity for roadworks crew and maintenance

Appendix 3: OUTLINE OF AN ENVIRONMENTAL IMPACT ASSESSMENT REPORT This outline is part of the World Bank Safeguards Requirements OP4.01 (revised February 2011) and Safeguard Requirements 1 of ADB's SPS 2009. An environmental assessment report is required for all environment category A and B projects. Its level of detail and comprehensiveness is commensurate with the significance of potential environmental impacts and risks. A typical EIA report contains the following major elements, and an IEE may have a narrower scope depending on the nature of the project. The substantive aspects of this outline will guide the preparation of environmental impact assessment reports, although not necessarily in the order shown. The World Bank requirements for preparing an Environmental Management Plan is given in OP 4.01 Annex C “Environmental Management Plan” (1999).

.

A. Executive SummaryThis section describes concisely the critical facts, significant findings, and recommended actions.

B. Policy, Legal, and Administrative FrameworkThis section discusses the national and local legal and institutional framework within which t h e e n v i r o n m e n t a l a s s e s s m e n t i s c a r r i e d o u t . It also identifies project-relevant international environmental agreements to which the country is a party.

C. Description of the ProjectThis section describes the proposed project; its major components; and its geographic, ecological, social, and temporal context, including any associated facility required by and for the project (for example, access roads, power plants, water supply, quarries and borrow pits, and spoil disposal). It normally includes drawings and maps showing the project’s layout and components, the project site, and the project's area of influence.

D. Description of the Environment (Baseline Data)This section describes relevant physical, biological, and socioeconomic conditions within the study area. It also looks at current and proposed development activities within the project's area of influence, including those not directly connected to the project. It indicates the accuracy, reliability, and sources of the data.

E Anticipated Environmental Impacts and Mitigation MeasuresThis section predicts and assesses the project's likely positive and negative direct and indirect impacts to physical, biological, socioeconomic (including occupational health and safety, community health and safety, vulnerable groups and gender issues, and impacts on livelihoods through environmental media [Appendix 2, para. 6]), and physical cultural resources in the project's area of influence, in quantitative terms to the extent possible; identifies mitigation measures and any residual negative impacts that cannot be mitigated; explores opportunities for 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; and examines global, transboundary, and cumulative impacts as appropriate.

F. Analysis of Alternatives (to be included for Category A Projects only)This section examines alternatives to the proposed project site, technology, design, and operation—including the no project alternative—in terms of their potential environmental impacts; the feasibility of mitigating these impacts; their capital and recurrent costs; their suitability under local conditions; and their institutional, training, and monitoring requirements. It also states the basis for selecting the particular project design proposed and, justifies recommended emission levels and approaches to pollution prevention and abatement.

G. Information Disclosure, Consultation, and ParticipationThis section:

(i)describes the process undertaken during project design and preparation for engaging stakeholders, including information disclosure and consultation with affected people and other stakeholders;

(ii) summarizes comments and concerns received from affected people and other stakeholders and how these comments have been addressed in project design and mitigation measures, with special attention paid to the needs and concerns of vulnerable groups, including women, the poor, and Indigenous Peoples; and

(iii) describes the planned information disclosure measures (including the type of information to be disseminated and the method of dissemination) and the process for carrying out consultation with affected people and facilitating their participation during project implementation.

H. Grievance Redress MechanismThis section describes the grievance redress framework (both informal and formal

channels), setting out the time frame and mechanisms for resolving complaints about environmental performance.

I. Environmental Management PlanThis section deals with the set of mitigation and management measures to be taken during

project implementation to avoid, reduce, mitigate, or compensate for adverse environmental impacts (in that order of priority). It may include multiple management plans and actions. It includes the following key components (with the level of detail commensurate with the project’s impacts and risks):

(i) Mitigation:

(a) identifies and summarizes anticipated significant adverse environmental impacts and risks;

(b) describes each mitigation measure with technical details, including the type of impact to which it relates and the conditions under which it is required (for instance, continuously or in the event of contingencies), together with designs, equipment descriptions, and operating procedures, as appropriate; and

(c) provides links to any other mitigation plans (for example, for involuntary resettlement, Indigenous Peoples, or emergency response) required for the project.

(ii) Monitoring:

(a) describes monitoring measures with technical details, including parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits and definition of thresholds that will signal the need for corrective actions; and

(b) describes monitoring and reporting procedures to ensure early detection of conditions that necessitate particular mitigation measures and document the progress and results of mitigation.

(iii) Implementation arrangements:

(a) specifies the implementation schedule showing phasing and coordination with overall project implementation;

(b) describes institutional or organizational arrangements, namely, who is responsible for carrying out the mitigation and monitoring measures, which may include one or more of the following additional topics to strengthen environmental management capability: technical assistance programs, training programs, procurement of equipment and supplies

related to environmental management and monitoring, and organizational changes; and

(c) estimates capital and recurrent costs and describes sources of funds for implementing the environmental management plan.

(iv) Performance indicators: describes the desired outcomes as measurable events to the extent possible, such as performance indicators, targets, or acceptance criteria that can be tracked over defined time periods.

J. Conclusion and RecommendationThis section provides the conclusions drawn from the assessment and provides

recommendations.

Appendix 4: DEVELOPMENT PROPOSAL APPLICATION

Appendix 5 CHECKLIST OF ENVIRONMENTAL MITIGATION AND ENVIRONMENTAL PERFORMANCE MONITORING Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

DESIGN & PRE-CONSTRUCTION

1. Climate change adaptation strategies

Incorporate design measures in the project design to minimize impacts due to climate change

1. DDC will include the following strategies have been identified to combat sea level changes and increased storm surge wave height.I. Realignment: Where the elevation of the

road is so low that the sea will intrude on both sides of the road the preferred strategy is to relocate the road away from the coast.

II. Erosion protection: Where the road will be subject to risk of erosion from wave action the preferred strategy is to construct a earth levee bank with rip rap protection against erosion by wave action.

III. Increased maintenance: The quantity and frequency of maintenance increases in response to the faster rate of physical deterioration.

2. DDC will include the following strategies have been identified to combat more intense short duration precipitation.IV. Increase capacity of transverse drainage

system: Where the intensity of short duration precipitation events increases, the capacity of transverse drainage system will be increased by providing additional relief culverts.

V. Improved longitudinal drainage: The ability of the longitudinal drainage systems to accommodate the higher quantity of runoff due to the higher precipitation rates will be improved by lining drains and providing larger drains.

VI. Erosion protection: Areas in the vicinity of the road, at risk of erosion, will be protected using bio-engineering techniques. In addition, steeply graded streams in the vicinity of the road will be provided with check dams to reduce sediment loads on the road drainage system.

VII. Increased maintenance: The quantity of maintenance increases in response to the faster rate of physical deterioration.

DDC DDS All subproject road

In DDC fees Designs include engineering adaptation measures

Completion detailed design/prior to start of site works. Once.

DRBFC/PMUADB to checkNDE statutory

requirement

Cost met by DRBFC/ADB

project staffing

2. Design measures and project disclosure

Incorporate design measures in the project design to minimize environmental impacts.Compliance with VIE statutory

1. Secure the services of the Project Management Consultant (PMU) to address EMP requirements at the detailed design phase. 2. Notify Project to NDE and identify and obtain environmental permits / licenses under statutory environmental assessment process in relation to project works and facilities.

1 2&3:: DRBFC4:PMU 5 (i to ix): PMU, DRBFC and Detailed Design Consultant (DDC)/

1 to 2:Start of detailed design.3: Before start of civil works4 & 5 (i to ix): During detailed

Throughout project site

Cost included in

DRBFC, DDC and

PMU staffing.

Environmental approval for the Project obtained from NDE Response from NDE on

Completion detailed design/prior to start of site works. Once.

DRBFC/PMUADB to check

Cost met by DRBFC/ADB

project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

environmental assessment process.Establishment of Grievance Redress Mechanism (GRM)

3. Implement plan for Grievance Redress Mechanism as described in the IEE 4. Based on the requirements of the IEE (Chapter V. A and B, and Project EMP Table VIII.2)), prepare the following method statements/specific EMPs (SEMPs) for implementation by contractors. Such SEMPs shall not be in conflict with any provisions of the Project EMP: Waste Management and Spoil Disposal Plan, Materials Management Plan, Drainage Management Plan, Erosion Control Plan, Tree-cutting and Replanting Plan, Temporary Transport Management Plan, Utilities and Irrigation Reprovisioning Plan, Noise and Dust Control Plan, and Workers and Public Safety Plan: 5. Coordinate with the Detailed Design Consultant (DDC) to incorporate the following measures in the project design:i) Minimize acquisition of agricultural land for temporary facilities by selecting preferred locations in detailed designs for construction yards and asphalt plant on barren or marginal land and agree terms with local community.ii) Identify potential solution spaces to ensure sufficient disposal areas for cut surface spoil materials and to avoid fly-tipping. Obtain approval from local authorities and local community for use of land before bidding.iii) Make arrangements to facilitate the timely production and supply of rock and bitumen based materials for construction and to avoid impacts due to unnecessary stockpiling near the Project road.iv) Design extensions and improvements of drainage culverts for the Project road to account for increased rain due to a once in 100 year return storm event.v) Minimize hydrological and drainage impacts during construction by including in the detailed design early phasing of replacement of culverts and other infrastructure. vi) Disruption to current facilities for water supply will be avoided and facilities will be retained or re-provisioned before construction works commence; provisions will be made to preserve the operation of current facilities for water supply in sufficient quantity in agreement with the local community.vii) Plan and implement reprovisioning of power

design phase permits. Require in PMU contract. check at detailed design. Complete check of items 1 to 5.

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

and water supply lines before construction works commence to avoid disruption of services. Ensure that provisions will be made to preserve the operation of current facilities in sufficient quantity in agreement with the local utility company.viii) Prepare plans to minimize disturbance of vehicular traffic and pedestrians during construction. Ensure that phasing for construction will retain a passing lane along part of the road during construction in detailed designs programming and avoid community severance.ix) Aim to provide enhancements in the design based on ADB policy on environmentally responsible procurement and avoid negative impacts due to unnecessary removal of trees.

3. Project boundaries/ location change

Ensure EMP can control impacts and compliance required for environmental laws.

1. Coordinate with DDC to incorporate the following in the project design:i) Design upgrading works within ROW, to avoid graves, cemeteries and other sensitive receptors (SR).ii). Detailed design alignment to minimize loss of trees and other vegetation.iii). Detailed design to provide for enhancement (e.g., landscaping, tree replanting) where practicable.2. Make plans for tree replacement in coordination with local authorities and district forestry office.3. Update the EMP should there be additional environmental impacts identified during detailed design and for which appropriate mitigation measures have not been included in the EMP. Submit updated EMP to ADB for review before start of civil works.4. Prepare a new or supplementary environmental assessment report in compliance with the environmental assessment and review framework and ADB’s Safeguard Policy Statement 2009 if there are any additional components or modifications in the Project such as change in specific location/alignment, among others, that will result to adverse environmental impacts and are not within the scope of the environmental assessment report prepared during loan processing. Submit the report to ADB for review before start of related civil works.

1 (i to iii): PMU, DDC, DRBFC 2 to 4: PMU

Detailed design Throughout project site

Included in PMU cost.

Require in PMU contract. check at DD Complete check of items 1 to 4 on detailed design.

Once, during detailed design.

DRBFC Cost met by DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

4. Environmentally responsible procurement

EMP provisions are properly implemented by selected contractors.

1. EMP is included in tender documents to ensure that mitigation measures are budgeted and to prepare the contractors for environmental responsibilities.2. Specify in bid document that Contractors shall engage capable staff or site agent(s) to be trained to take responsibility for the environmental management and safety issues at the working level and to monitor the effectiveness and review mitigation measures as the project proceeds. 3. Contractors recruit qualified / experienced staff to be trained by PMU to oversee implementation of environmental and safety measures specified in the EMP.

1 & 2:: PMU3 Contractor

1 & 2: Bid preparation3: Before start of civil works.

Throughout project site

Included in bid cost

1 & 2: Inclusion in bid docs

3 Check compliance

Bid preparation stage.

Before start of site works

DRBFC Cost met by DRBFC project staffing

5. Environmental capacity development

Develop environmental management capacity of DRBFC to ensure proper EMP implementation and promote environmental awareness among workers.

1. PMU to train DRBFC to build their capacity on EMP implementation, monitoring and reporting using workshops and on-the-job training techniques and case studies.2. Conduct workers’ orientation on EMP provisions. Such orientation shall be periodically conducted by the PMU as every new contractor is engaged.3. PMU to train DRBFC and dedicated environment staff to ensure project activities do not compromise programmes currently running to protect the rare or endangered species in the Protected areas or capacity enhancement management & awareness programme.

1: 2 & 3: PMU Initiate during detailed design phase and continue throughout project construction

Throughout project site

Cost included in PMU cost

Require in PMU contract. Check at DD.Complete training and check before and during construction.

Prior to start of site works and throughout construction phase

DRBFC, Cost met by DRBFC project staffing

6. Plan Spoil and Waste Disposal

Minimize waste; avoid fly-tipping and pollution.

1. Re-use of waste materials & spoil disposal locations included in bid and contract documents.2. Prepare a WASTE MANAGEMENT PLAN and SPOIL DISPOSAL PLAN. The plan shall cover handling, storage, treatment, transport and disposal of solid and liquid wastes, hazardous materials, hazardous wastes and excavation spoils.3. The General Waste section of the WASTE MANAGEMENT PLAN and SPOIL DISPOSAL PLAN will include consideration of all matters related to solid and liquid waste disposal including the following: i)Expected types of waste and quantities of waste arising.ii)Waste reduction, reuse and recycling methods to be employediii) Agreed reuse and recycling options and locations for disposal / endorsement from NDE

PMU Detailed design phase (before bidding)

Throughout project site

Cost included in PMU cost.

Require in PMU contract. Check at DDComplete check of items 1 to 5

Once, detailed design phase

DRBFC Cost met by DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

and local groups.iv)Methods for treatment and disposal of all solid ad liquid wastes.v)Methods of transportation to minimize interference with normal traffic. vi)Establishment of regular disposal schedule and constraints for hazardous waste.vii)Programme for disposal of general waste / chain of custody for hazardous waste.viii)Discussion of the PMU, DRBFC/PMU inspection/monitoring role. ix)Establishment of complaints management system for duration of the works x)Agreement on publicity/public consultation requirements (advance signing etc.).4. The Waste Management Plan and Spoil Disposal Plan shall include a section on Hazardous Materials and Waste section. This will detail the mitigation measures, organizational arrangements, resources, facilities, etc. to avoid environmental as well as health and safety impacts due to use and disposal of hazardous materials/substances.5. The Spoil Disposal section of the Waste Management Plan and Spoil Disposal Plan will include consideration of the following: i)Locations and quantities of spoil arising from the construction works.ii)Agreed locations for disposal / endorsement from NDE and local groups.iii)Methods of transportation to minimize interference with normal traffic. iv)Establishment of acceptable working hours and constraints.v)Agreement on time scale and programme for disposal and chain of custody.vi)Details of a trip ticket system to ensure that contractors dispose excavation spoils in approved areas. Such system will be designed so that the PMU and PMU could readily monitor the volume and disposal site of excavation spoils, and to ensure that the total volume of spoils disposed will not exceed the maximum capacity of disposal sites approved by local authorities.vii)Programming issues including the time of year and available resources. viii)Discussion of the PMU, DRBFC/PMU

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

inspection/monitoring role. ix))Establishment of complaints management system for duration of the works ix)Agreement on publicity/public consultation requirements (advance signing etc.).

7. Plan construction materials management

Avoid stockpiling of rock based materials and erosion runoff.

1. Designs to balance cut and fill where possible.2. Prepare a MATERIALS MANAGEMENT PLAN. The plan shall detail the arrangements to be made to facilitate the timely production and supply of construction materials to avoid impacts due to unnecessary stockpiling outside the Project site. As a minimum, the plan shall consider the following: (i) Required materials, potential sources and estimated quantities available, (ii) Impacts to identified sources and availability, (iii) Excavated slope material for reuse and recycling methods to be employed, (iv) Required endorsements from NDE and local groups for use of sources.(v) Methods of transportation to minimize interference with normal traffic. (vi) Constraints of regular delivery schedule to reduce stockpiling on site.vii) Measures to be employed to mitigate nuisances to local residents.(viii) Program for reuse of slope excavated material for reuse (ix) Program for delivery of quarry and borrow materials.(x) Discussion of the PMU, DRBFC/PMU inspection/monitoring role. (xi) Agreement on publicity/public consultation requirements.

PMU Detailed design phase (before bidding)

Throughout project site

Cost included in PMU fees.

Require in PMU contract. Check at DDComplete check of items 1 to 2

Once, detailed design phase

DRBFC Cost met by DRBFC project staffing

8. Drainage and Hydrological Impacts

To minimize hydrological impacts flooding and erosion of river banks.

1. Coordinate with DDC to ensure that designs for bridges and culverts are sufficient to control flooding with appropriate drainage structures to cater for worst case flow and rainfall from 100 year return storm and to dissipate energy of flow to reduce erosion.2. Prepare DRAINAGE MANAGEMENT PLAN. The plan shall detail measures and other provisions to ensure that construction works will not cause ponding/flooding within the Project site, construction camps, borrow/quarry areas, other areas used for project-related

PMU, DDC Detailed design phase (before bidding)

Throughout project site

Cost included in PMU and DDC fees.

Require in PMU contract. Check at DDComplete check of items 1 to 2

Once, detailed design phase

DRBFC Cost met by DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

activities and adjacent areas.

9. Erosion Control and Flooding

To minimize hydrological impacts, flooding damage to the works and erosion of river banks.

1. Coordinate with the DDC to incorporate the following measures in the project design: i) Incorporate erosion control and slope stabilization measures in the engineering design such as side ditches and berms, rock lining and slope walls, and provision of vegetation cover on slopes, where appropriate.ii) Cut slopes designed not to undercut or destabilize adjacent tree lined slopes.iii) Temporary drainage works are to be designed based on the historical flood data and flood forecasting.iv) Ensure design includes prevention of flooding in adjacent areas during rehabilitation or construction of bridges.v) Incorporate in the design side drainage structures to divert the stream water at construction sites.vi) Design incorporates sufficient sizes of drains to take design flows.2. Prepare an EROSION CONTROL PLAN. The plan shall detail the arrangements/provisions to ensure that construction works will not cause excessive runoff and siltation of adjacent waterways within the Project site, have sufficient provisions to ensure stabilization of cut slopes and other erosion-prone areas, minimize hydrological impacts, flooding and erosion of river banks and adjacent areas and to protect the works under construction. The plan will consider the following:i) Climate and rainfall for the area and checking weather forecasts.ii) Terrain and typical locations susceptible to erosion and runoff.iii) Protection of the works and potential impacts to the environment.iv) Erosion control methods to be employed, locations and installation timing.v) Limits to stockpiling on sites near waterways and irrigation channels.vi) Discussion of the PMU/DRBFC inspection/monitoring role.vii) Agreement on publicity/public consultation requirements.

1: PMU, DDC

2: PMU

Detailed design phase (before bidding)

Throughout project site

Cost included in PMU and DDC fees.

Require in PMU contract. Check at DDComplete check of implementation of items 1 to 2

Once, detailed design phase

DRBFC Cost met by DRBFC project staffing

10.Traffic Condition

Minimize traffic disruption and congestion.

1. Contact all relevant local authorities and local village groups to plan traffic management.2 Prepare a TEMPORARY TRAFFIC

PMU Detailed design phase (before bidding)

Throughout project site

Cost included in PMU fees.

Require in PMU contract. Check at DD

Once, detailed design phase

DRBFC Cost met by DRBFC project

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

MANAGEMENT PLAN to minimize disturbance of vehicular traffic and pedestrians during construction. Access arrangements for vehicles accessing the Project area will be formulated such that this will avoid community disturbance and severance and will at least retain a passing lane along all roads used during construction. The plan will include consideration of the following i)Lane availability and minimizing interference with traffic flows past the works site. ii)Establishment of acceptable working hours and constraints.iii)Agreement on time scale and establishment of traffic flow/delay requirements.iv)Programming issues including the time of year and available resources. v)Discussion of the PMU/DRBFC inspection/monitoring role. vi)Establishment of complaints management system for duration of the works vii)Agreement on publicity/public consultation requirements (advance signing etc.).

Complete check of items 1 to 2

staffing

11. Protect and reprovision irrigation and utilities

Minimize interruption to power, water supply telecoms and irrigation system

1. Identify all power, water supply, telecommunications and irrigation systems likely to be interrupted by the works.2. Contact all relevant local authorities for utilities and local village groups to plan reprovisoning of power, water supply, telecommunications and irrigation systems. 3. Prepare a UTILITIES and IRRIGATION REPROVISIONING PLAN to minimize interruption to power, water supply, telecoms and irrigation systems.

PMU Detailed design phase (before bidding)

Throughout project site

Cost included in PMU fees.

Require in PMU contract. Check at DDComplete check of items 1 to 3

Once, detailed design phase

DRBFC Cost met by DRBFC project staffing

12. Tree cutting Minimize tree cutting 1. Contact all relevant local authorities, forestry authority and local village groups to plan tree cutting and replanting.2. Prepare a TREE CUTTING AND REPLANTING PLAN to avoid indiscriminate tree-cutting. The plan shall clearly define areas where vegetation removal is necessary based on Project requirements and shall have provisions for replanting to compensate for lost trees. The plan shall prohibit introduction of invasive species and shall specify that new alien plant species (i.e., species not currently established in the region of the project) shall not be used unless carried out within the existing regulatory framework for such introduction.

PMU Detailed design phase (before bidding)

Throughout project site

Cost included in PMU fees.

Require in PMU contract. Check at DDComplete check of items 1 to 2

Once, detailed design phase

DRBFC Cost met by DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

13. Noise and dust management

Minimize noise and dust

1. Reconfirm all noise and dust sensitive receivers likely to be affected by construction works.2. Contact local village groups to plan mitigation in advance.3. Prepare a NOISE and DUST CONTROL PLAN to minimize impacts to sensitive receptors (residential areas, schools, temples, hospitals, etc.) due to construction works, sourcing and transport of construction materials, and other project-related activities.

PMU Detailed design phase (before bidding)

Throughout project site

Cost included in PMU fees.

Require in PMU contract. Check at DDComplete check of contractor’s implementation of items 1 to 3

Once, detailed design phase

DRBFC Cost met by DRBFC project staffing

14. Workers and public safety

Avoid accidents due to construction works

Prepare a WORKERS and PUBLIC SAFETY PLAN to identify interfaces between the works and the public, formulate measures to ensure safety of workers and the public, and prevent accidents due to the construction works.

PMU Detailed design phase (before bidding)

Throughout project site

Cost included in PMU fees.

Require in PMU contract. Complete check at DD

Once, detailed design phase

DRBFC Cost met by DRBFC project staffing

CONSTRUCTION STAGE

1. Activate management plans and obtain permits / licenses.

Avoid impacts from unplanned activities.

1. Implement provisions of Project EMP and SEMPs for waste and spoil disposal, materials management, drainage, erosion control, tree-cutting and replanting, traffic, utilities and irrigation reprovisioning, noise and dust control and workers and public safety.2. Contractors and their suppliers comply with all statutory requirements for permits from NDE with regard to use of mechanical equipment, establishment and operation of construction plants such as concrete batching plant, rock crusher, spoils disposal, etc.

Contractor 1. Throughout construction phase2. Before start of site works.

Throughout project site

Cost included in contractors fees

1. Check that contractors have resources to implement Project EMP, SEMPs2. Complete check of all necessary environmental approvals/per-mits.

Before start of site works and throughout construction phaseBi-weekly

As part of day-today project construction supervision

PMU, DRBFC

Project Supervision Consultant (PMU)

Cost met by PMU, PMU

and DRBFC project staffing

2. Orientation for Contractors, Workers on environmental and social management.

Contractors & workers trained to implement mitigation measures and better implementation of EMP.

1. Contractors clearly separate resources applied to mitigation measures. Tenders identify named staff to supervise implementation of Project EMP, SEMPs.2. PMU shall conduct training/orientation involving construction workers and DRBFC with regard to implementation of mitigation measures in the SEMPs and Project EMP (i.e.., those specified in the IEE) and any additional measures identified during detailed design phase. 3. Implement malaria controls and HIV-AIDS education and prevention program in line with social plans

1: Contractors2: PMU3: Contractors

1: Before start of site works2: Within one month of start of site works and as new contractors are engaged3. Upon deployment of workers to project site

Throughout project site

Cost included in contracts for PMU and Contractors

Complete check of implementation of items 1 to 3

1: Before start of site works2: Within one month of start of construction and as new contractors are engaged3: Bi-weekly (every 2 weeks) during construction.

PMU (monitoring to

DRBFC/ PMU Cost met by PMU and

DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

be done as part of day-to-day project construction supervision)

3. Loss of vegetation and impacts to fauna

Minimize impacts to flora and fauna

1. Monitoring and marking of vegetation that will not be removed agreed with forest authority prior to commencement of construction.2. Forest authority to approve replacement of cut trees to be undertaken based on the tree cutting and replanting plan.3. Clearing of trees minimized based on Tree-cutting and Replanting Plan.4. Prohibit cutting of trees for firewood and for use in Project.5. During replanting/revegetation works, new alien plant species (i.e., species not currently established in the country or region of the project) shall not be used unless carried out with the existing regulatory framework for such introduction. Invasive species shall not be introduced into new environments.6. Prohibit workers from hunting wild animals.7. As much as possible, bridge works will be scheduled in dry season to minimize adverse impacts to fishery, river water quality and other aquatic resources.8. The contractors will not use or permit the use of wood as a fuel for the execution of any part of the Works, including but not limited to the heating of bitumen and bitumen mixtures, and to the extent practicable shall ensure that fuels other than wood are used for cooking, and water heating in all his camps and living accommodations9. Contractors shall not buy or use wood from the illegal sources (that come from the illegal logging)10. No construction camps, asphalt mixing plants, material storage sites are to be located in the forest areas. 11. Contractors will take all precautions necessary to ensure that damage to vegetation is avoided due to fires resulting from execution of the works. The Contractors will immediately suppress the fire, if it occurs, and shall undertake replanting to replace damaged vegetation.

1: Contractors, National Directorate of Forests(NDF) and District Forestry Office (DFO) 2: DFO/local forestry office3 to 11: Contractors

1 to 2: Before tree-cutting is implemented3 to 11: Throughout construction phase

Throughout project site

Cost included in contracts

Check implementation of items 1-12

1 to 3: Prior to and during construction (Bi-weekly)4 to 12: Bi-weekly

1 to 12 (as part of day-to-day project construction supervision)

PMU, DRBFC

PMU

Cost met by PMU, PMU

and DRBFC project staffing

4. Drainage and Hydrological Impacts

To minimize hydrological impacts flooding and erosion of river banks.

1. Implement provisions of DRAINAGE MANAGEMENT PLAN (DMP) prepared by PMU during detailed design phase.2. Provide adequate drainage facilities at

Contractors Throughout construction phase

Throughout project site, particularly at bridges,

Included in project and bid costs

Check implementation of items 1-8

Bi-weekly

As part of

PMU/DRBFC Cost met by PMU,

DRBFC project

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

construction sites and project-related facilities (construction camps, borrow areas, etc.) to avoid ponding and flooding.3. Implement agreed designs for bridges and culverts sufficient to control flooding as designed and to dissipate energy of flow to reduce erosion.4 Protect or reprovision irrigation channels that cross the works areas. Damaged irrigation canals shall be immediately repaired.5. Protect natural streams that may become silted by construction runoff, workshops and equipment washing-yards.6. Minimize alterations in the project corridor’s surface drainage patterns as much as possible:7. Drains to be constructed so that the outfalls of the surface run-off from the carriageway are diverted away from the SRs.8 Ensure that storm drains and drainage systems are periodically cleared to maintain storm water flow during construction.

causeways, irrigation canals and all areas considered prone to flooding.

day-to-day project construction supervision

staffing

5. Utilities and Irrigation Reprovisioning

Prevent interruption of services such as electricity and water during relocation of the utilities line /connections. Repair damaged access roads.

1. Implement provisions of the UTILITIES and IRRIGATION REPROVISIONING PLAN (UIRP) prepared by PMU during detailed design. 2. Reconfirm power, water supply, telecommunications and irrigation systems likely to be interrupted by the works.3. Contact all relevant local authorities for utilities and local village groups to plan reprovisoning of power, water supply, telecommunications and irrigation systems.4. Utilities shall be relocated and reconnected well ahead of commencement of construction works and contractors shall coordinate with utility company for relocation and reconnection well before works commence.5. Affected communities shall be properly informed in advance.6. Reconnection of utilities shall be done at the shortest practicable time before construction commences.7. Utilities damaged during construction shall be

reported to the PMU, DRBFC and utility authority and repairs arranged immediately.

8. Access roads, agricultural land and other properties damaged during transport of construction materials and other project-related activities shall be reinstated upon completion of construction works at each section

Contractors 2 to 6: Before start of construction7 & 8: During construction

Throughout project site

Cost included in contracts

Check implementation of items 1-8

2 to 6: Before construction7 & 8: Bi-weekly

1 to 8: as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and DRBFC project staffing

6. Materials Minimize impacts from 1. Implement MATERIALS MANAGEMENT Contractors 1 to 13: Project site, Cost Check Bi-weekly PMU/DRBFC Cost met by

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

exploitation and management of quarry and borrow areas

materials extraction, transportation and storage.

PLAN or MMP prepared by PMU during detailed design phase.2. Balance cut and fill requirements to minimization impacts from extraction of aggregates. 3. Prioritize use of existing quarry sites with suitable materials and update the list of quarries and borrow pits monthly in MMP and report to DRBFC and minimize impacts on other local resources.4. Procure materials only from NDE authorized quarries and borrow sites.5. If the contractors shall operate the quarry site, required environmental permits shall be secured prior to operation of quarry/borrow areas.6. Follow compensatory planting plan if trees have to be removed7. Stockpile topsoil for later use and fence and re-contour borrow pits after use. Topsoil, overburden, and low-quality materials shall be properly removed, stockpiled near the site, and preserved for rehabilitation.8. Use quarry with highest ratio between extractive capacity (both in terms of quality) and loss of natural state; 9. Use quarry sites lying close to the alignment, with a high level of accessibility and with a low hill gradient;10. Do not use quarries in areas of natural woodland or near rivers which provide food and shelters for birds and other animals. 11. Borrow/quarry sites shall not be located in productive land and forested areas.12. During quarry/borrow site operation, provide adequate drainage to avoid accumulation of stagnant water.13. It is preferable to avoid or reduce the sections of quarry sites located on river bed. If it is not possible to locate quarries out of river beds, quarry sites lying on small rivers and streams shall be avoided. Alluvial terraces or alluvial deposits which lie on the river beds but not covered by water in normal hydrological conditions, are preferred; 14. In quarries in the mountainous or hilly areas, or wherever slopes are important, cut terraces after extraction and implement a drainage system and vegetation cover for rehabilitation.15. Ensure borrow pits are left in a tidy state with stable side slopes and proper drainage in order to avoid creation of water bodies favorable for mosquito breeding

Throughout construction14 to 17: Upon completion of materials extraction

quarry and borrow sites

included in contract

implementation of items 1-17 as part of

day-to-day project construction supervision

PMU and DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

16. Upon completion of extraction activities, quarry and borrow pits shall be dewatered and fences shall be installed, as appropriate, to minimize health and safety risks.17. To avoid drowning when pits become water-filled, measures such as fencing, providing flotation devices such as a buoy tied to a rope, etc. shall be implemented.

7. Spoil Disposal Control spoil and construction waste disposal, oily and hazardous wastes.

1. Implement corresponding provisions of WASTE MANAGEMENT and SPOIL DISPOSAL PLAN (WMSDP) prepared by the PMU.

2. Areas for disposal to be agreed with land owner and NDE checked and recorded by the

PMU, PMU/DRBFC and monitored3. Spoil disposal areas to be rehabilitated monitored, catalogued, and marked. 4. Spoil will not be disposed of in rivers and streams or other natural drainage path.5. Spoil will not be disposed of on fragile slopes, flood ways, wetland, farmland, forest, religious or other culturally sensitive areas or areas where a livelihood is derived.6. Surplus spoil will be used where practicable for local repair works to fill eroded gullies and depression areas and degraded land in consultation with local community.7. Spoils shall only be disposed to areas approved by local authority.8. Spoil will be to disposed of to disused quarries and abandoned borrow pits where practicable.9. Disposed spoil will be spread in 15cm layers and compacted to optimum moisture content, covered with topsoil, landscaped and provided with drainage and vegetation to prevent erosion in line with best practice.10. Spoil disposal shall not cause sedimentation and obstruction of flow of watercourses, damage to agricultural land and densely vegetated areas. 11. Under no circumstances will spoils be dumped into watercourses (rivers, streams, drainage, irrigation canals, etc.)12. The spoils disposal site shall be located at least 50 m from surface water courses and shall be protected from erosion by avoiding formation of steep slopes and grassing.

Contractors Throughout construction phase

Project site and spoils disposal sites

Cost included in contracts

Check implementation of items 1-12

Spoils disposal will be monitored by PMU and recorded using a written chain of custody (trip-ticket) system to the designated disposal sites.

Bi-weekly

as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU, PMU and DRBFC project staffing

8. General Construction

Reduce, reuse and recycle waste and

1. Implement corresponding provisions of WASTE MANAGEMENT and SPOIL DISPOSAL

Contractors Throughout Project site and waste disposal

Cost included in

Check implementation

Bi-weekly PMU/DRBFC Cost met by PMU and

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

Waste Disposal contamination due to poor waste disposal practices.

PLAN prepared by the PMU.2. Areas for disposal to be agreed with land owner and NDE checked; and recorded and monitored by the PMU/DRBFC.3. Waste disposal areas approved by local authorities shall be rehabilitated, monitored, catalogued, and marked.4. Segregation of wastes shall be observed. Cleared foliage, shrubs and grasses can be given to local farmers for fodder and fuel. Organic (biodegradables) shall be collected and disposed of on site by composting (no burning on site).4. Recyclables shall be recovered and sold to recyclers.5. Residual and hazardous wastes shall be disposed of in disposal sites approved by local authorities.6. Construction/workers’ camps shall be provided with garbage bins. 7. Burning of construction and domestic wastes shall be prohibited.8. Disposal of solid wastes into canals, rivers, other watercourses, agricultural field and public areas shall be prohibited. 9. There will be no site-specific landfills established by the contractors. All solid waste will be collected and removed from the work camps and disposed in local waste disposal sites. 10. Solid waste generated during construction and at campsites to be treated and safely disposed only in demarcated off-site waste disposal sites identified and agreed with PMU/DRBFC, local community and local authorities.

construction phase areas contracts of items 1-10

as part of day-to-day project construction supervision

DRBFC project staffing

9. Use of hazardous substances and hazardous waste disposal

Minimize contamination due to use and storage of hazardous substances

1. Implement corresponding provisions of WASTE MANAGEMENT and SPOIL DISPOSAL PLAN prepared by the PMU.2. Ensure that safe storage of fuel, other hazardous substances and bulk materials are agreed by PMU/DRBFC and have necessary approval/permit from NDE and local authorities. 3. Hydrocarbon, toxic material and explosives will be stored in adequately protected sites consistent with national and local regulations to prevent soil and water contamination. 4. Equipment/vehicle maintenance and refueling

Contractors Throughout construction phase

Throughout Project site, storage areas, equipment and vehicle maintenance and refueling areas

Cost included in contracts

Check implementation of items 1-17

Bi-weekly

as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

areas will be confined to areas in construction sites designed to contain spilled lubricants and fuels. Such areas shall be provided with drainage leading to an oil-water separator that will be regularly skimmed of oil and maintained to ensure efficiency. 5. Fuel and other hazardous substances shall be stored in areas provided with roof, impervious flooring and bund/containment wall to protect these from the elements and to readily contain spilled fuel/lubricant.6. Segregate hazardous wastes (oily wastes, used batteries, fuel drums) and ensure that storage, transport and disposal shall not cause pollution and shall be undertaken consistent with national and local regulations.7. Ensure all storage containers are in good condition with proper labeling.8. Regularly check containers for leakage and undertake necessary repair or replacement.9. Store hazardous materials above flood level.10. Discharge of oil contaminated water shall be prohibited.11. Used oil and other toxic and hazardous materials shall be disposed of in an authorized facility off-site.12. Adequate precautions will be taken to prevent oil/lubricant/ hydrocarbon contamination of channel beds. 13. Ensure availability of spill clean up materials (e.g., absorbent pads, etc.) specifically designed for petroleum products and other hazardous substances where such materials are being stored.14. Spillage, if any, will be immediately cleared with utmost caution to leave no traces.15. Spillage waste will be disposed at disposal sites approved by local authorities and by PMU.16. All areas intended for storage of hazardous materials will be quarantined and provided with adequate facilities to combat emergency situations complying with all the applicable statutory stipulation.17. The Contractors shall identify named personnel in the management plan/SEMP in-charge of these sites and ensure they are properly trained to control access to these areas and entry will be allowed only under authorization.

10. Asphalt plant rock crushers, bitumen usage

Avoid air pollution, nuisances, traffic obstacles and

1. Locate asphalt plant, rock crushers and bitumen supply off road and (wherever practicable) at least 500 m from nearest

Contractors 1: During selection of locations for

Throughout project site

Cost included in contracts

Check implementation of items 1-9

1: Before establishment of facilities, 2

PMU/DRBFC Cost met by PMU and

DRBFC

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

and soil contamination

contamination sensitive receivers (residential areas, schools, hospital, etc.) and rivers and install and maintain dust suppression equipment.2. Bitumen should not be used as fuel. Fuel wood not for bitumen heating. Bitumen drums stored in dedicated area not scattered along Project roads and other project facilities.3. Bitumen will not be allowed to enter either running or dry streambeds and nor will be disposed of in ditches or small waste disposal sites prepared by the contractors. 4. Bitumen storage and mixing areas shall be protected against spills and all contaminated soil must be properly handled according to applicable national and local laws and regulation. As a minimum, these areas must be contained, such that any spills can be immediately contained and cleaned up. Any petroleum products used in the preparation of the bitumen mixture must also be carefully managed to avoid spills and contamination of the local water table.5. Fuel wood shall not be used for heating bitumen and bitumen shall be not used as fuel.6. Bitumen drums shall be stored in a dedicated area, not scattered along the works7. All accidental spills of bitumen or chemicals should be cleaned up immediately with the top 2cm of any contaminated soil underneath and disposed of as chemical waste to a site approved by the local authority.8. Prevent soil contamination requiring contractors to instruct and train their workforce on storage and handling of materials and chemicals that can potentially cause soil contamination.9. Recycle debris generated by dismantling of existing pavement subject to the suitability of the material.

asphalt plant, rock crusher, bitumen storage2 to 9: Throughout construction phase

to 9: Bi-weekly

1 to 9: as part of day-to-day project construction supervision

project staffing

11. Noise and dust nuisances

To minimize air impacts effectively and avoid complaints due to the airborne dust.

1. Implement the NOISE and DUST CONTROL PLAN (NDCP) prepared by the PMU. 2. Restrict works to daylight hours within 500m of residential settlements and hospitals.3. Powered mechanical equipment and vehicle emissions to meet national TCVN/QCVN standards. All construction equipment and vehicles shall have valid certifications indicating compliance to vehicle emission standards.4. Construction equipment and vehicles will be

Contractors Throughout construction phase

Throughout project site

Cost included in contracts

Check implementation of items 1-16

Bi-weekly and spot checksas part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

maintained to a good standard and shall be provided with muffler silencers. Machinery causing excessive pollution will be banned from construction sites.5. Monitor and investigate complaints; propose alternative mitigation measures.6. Keep stockpiles moist 7. Tightly cover trucks transporting construction materials (sand, soil, cement, gravel, etc.) to avoid or minimize spills and dust emission.8. On rainless day undertake watering, at least twice per day, on dusty and exposed areas at construction yards, materials stockpile, construction sites, access roads, quarry areas, borrow sites and other project areas where residential sites and other sensitive receptors such as schools, hospital, etc. are located nearby. If works are within 15m of any sensitive receivers, the contractors shall install dust barrier between the works at the road edge and the sensitive receivers (e.g. 2.5 m high temporary walls, etc.)9. Mixing and crushing plants operations will be equipped with dust suppression devices such as water sprays.10. Clean up road surfaces after work. 11. Temporary noise barriers shall be used, as necessary, in sites where sensitive receptors are present, such as residential areas, schools, hospitals, temples, etc.12. To protect buildings and structures from vibration, non-vibrating roller shall be used in construction sites near buildings and structures.

13. Structures which are damaged due to vibration caused by the Project shall be repaired

immediately as directed by PMU/DRBFC.14. Machinery shall be turned off when not in use.15. Pile driving during to be schedule for day time if construction site is near sensitive receptors or approved by NDE, local authority and PMU.16. Impose speed limits on construction vehicles to minimize dust emission along areas where sensitive receptors are located (houses, schools, hospitals, etc.).

12. Blasting (if required)

Perform safe blasting and prevent damage and nuisances from blasting

1. Before sites works, blasting plan to be prepared by contractors and approved by

PMU/DRBFC in writing. Contractors to implement blasting plan provisions.

2. All the statutory laws, regulation, rules etc., pertaining to acquisition, transport, storage,

Contractors 1: Before site works2 to 11: Throughout construction

Sections of project alignment where blasting will be undertaken

Cost included in contracts

Check implementation of items 1-11

1: Before construction2 to 11: Bi-weekly and spot checks

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

handling and use of explosives will be strictly followed. Blasting will be carried out as per Timor Leste statutory requirements with notification to NDE and local police.

3. No blasting will take place without condition survey of the buildings within 500 m and

permission and monitoring by the PMU/DRBFC.4. People living near blasting sites will be informed of blasting times prior to the blasting.5. Warning sirens will be sounded before blasting.6. Pre-splitting shall be undertaken. 7. Blast blankets will be laid over the blast area to reduce flying rock8. Where the vibration from blasting is exceeding the maximum permissible level, or damage occurs to local property information from the blasting shall be used to modify blasting patterns and calculate a reduced charge for future blasts9. Blasting will not be undertaken at night.10. Blasting shall be under careful and strict management of properly trained and licensed personnel. Workers at blasting sites will be trained prior to blast operations and provided with safety equipment and earplugs. 11. Observe proper warning and precautionary measures to ensure safety of residents, pedestrians, motorists and structures during blasting.

phase.1 to 11: as part of day-to-day project construction supervision

13. Erosion control / run-off

Protect established works.

1. Implement the Erosion Control Plan (ECP) produced by the PMU and implement slope stabilization measures specified in the detailed designs and maintained during construction to protect the works.2. Establish vegetation and erosion protection immediately after completion of works in each stretch / sector.3. Check weather forecasts and minimize work in wet weather.4. Stockpile topsoil for immediate replanting after cutting.5. Minimize damage and cutting of surrounding vegetation during slope formation.6. Protect the cut slope with planted vegetation, bioengineering or conventional civil engineering structures as soon as practicable after cutting.7. Include and implement appropriate measures for slope protection, i.e. vegetation cover and stone pitching, as required in the detailed construction drawings.

Contractors Throughout construction phase

Throughout project site and

all vulnerable slopes agreed

with PMU/DRBFC.

Cost included in contracts

Check implementation of items 1-12

Bi-weekly

as part of day-to-day project construction supervision

PMU, DRBFC

PMU

Cost met by PMU, PMU

and DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

8. Prevent erosion and protect the cut slope with temporary or permanent drainage as soon as practicable after cutting.9. If new erosion occurs accidentally, back fill immediately to restore original contours.10 Low embankments will be protected from erosion by seeding and planting indigenous grasses that can flourish under local conditions.11. High embankments, i.e. 2m high and above, will be considered for protection by constructing stone pitching or a riprap across the embankment immediately after the works are completed. This practice will also be applied along cross-drainage structures where embankments are more susceptible to erosion by water runoff. 12. Payments will be linked to the completion of

the works as indicated by the installation of erosion control measures to protect the works to

the satisfaction of PMU/DRBFC.14. River protection and bridge repair

Protect rivers and maintain river flow

In sections along and near rivers and streams:1. Rocks and stones will be disposed not to block rivers and streams.2. In bridge repair and demolition sites, the bridge structure will not be dropped into the river but alternative means will be used to avoid "dropping the bridge" into rivers/streams. This will be done by "sawing" appropriate sections of the bridge and using cranes to lift these sections away or alternatively by construction of a platform onto which the bridge could be lowered.3. Cofferdams, silt fences, sediment barriers or other devices will be used as appropriate based on the design to prevent migration of silt during excavation and boring operations within streams. If cofferdams are used, these will be dewatered and cleaned to prevent siltation by pumping from cofferdams to a settling basin or a containment unit. 4. Other erosion control measures above and covering open surfaces with grasses and creepers to reduce runoff will be implemented as early as possible in construction.

Contractors At all times All rivers and streams with repair and reconstruction works.

Cost included in contracts

Check implementation of items 1 to 4

Bi-weekly

as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

15. Water quality Prevent water quality impacts due to negligence and ensure unavoidable impacts managed effectively.

1. Store lubricants, fuels in dedicated enclosures at least 50 m from water bodies.2. Solid waste from construction activities and workers camps will not be thrown in rivers and other water courses (drainage, irrigation, etc.)3. Construction storage/stockpiles shall be provided with bunds to prevent silted run-off.4. Stockpiled materials will be covered to reduce silted run-off.

Contractors Throughout construction phase

All Project road stretches and project-related facilities

Cost included in contracts

Check implementation of items 1 to10

Bi-weekly

as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

5. No stockpiling or borrow sites at least 100m of water body.6. Work in rivers will be scheduled during dry season and work duration shall be as short as possible.7. Immediate stabilization of bare slopes shall be undertaken.8. Construction storage/stockpiles shall be provided with bunds to prevent silted run-off.9. Stockpile areas and storage areas for hazardous substances shall be located away from water bodies.10. Washing of machinery and vehicles in surface waters shall be prohibited.

16. Water resources

Mitigate the impact of using local community water resources.

1. Assess availability of water and evaluate impact on use of local water resources to ensure that water utilization for Project shall not deplete local village supplies. 2. Bring in project water by tanker as necessary.3. Worker camps will be located at least 500m from the nearest settlement to prevent the contamination of community-owned water resources.4. Maintain close liaison with local communities to ensure that any potential conflicts related to common resource utilization for project purposes are resolved quickly.5. Establish and implement guidelines to minimize the wastage of water during construction and at campsites.6. Avoid or minimize use of river bed for construction materials.7. Confine winning river materials to 20% of river width in any location and keep away from river banks.8. Reinstate river banks if necessary.9. Re-provision irrigation channels affected by works two weeks before commencement of works to the satisfaction of local community . 10. All irrigation canals along the alignment shall be clearly marked on the ground to prevent accidental dumping of fill materials into these canals.11. In case of accidental obstruction or damage, irrigation ditches and ponds shall be cleaned or repaired immediately.

Contractors Throughout construction phase

Throughout project site, construction camps

Cost included in contracts

Check implementation of items 1to11

Bi-weekly

as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

17. Operation of workers camps

Worker facilities not to cause nuisance or exploit forest of wildlife resources.

1. Worker camp location and facilities located at least 500m from settlements and agreed with local communities and facilities approved by PMU and managed to minimize impacts. 2. Construction camps will be established in areas with adequate natural drainage channels

Contractors 1 & 2: During selection of locations for workers camps.3 to 16:

Project site, construction camps

Cost included in contracts.

Check implementation of items 1 to16

1 & 2: Once for each location, prior to establishment

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

in order to facilitate flow of the treated effluents.3. Hire and train as many local workers as possible.4. Provide adequate housing for all workers at the construction camps and establish clean canteen/eating and cooking areas.5. Portable lavatories (or at least pit latrines in remote areas) shall be installed and open defecation shall be prohibited and prevented by cleaning lavatories daily and by keeping lavatory facilities clean at all times. 6. Provide separate hygienic sanitation facilities/toilets and bathing areas with sufficient water supply for male and female workers.7. Wastewater effluents from contractors’ workshops and equipment washing-yards will be passed through gravel/sand beds and all oil/grease contaminants will be removed discharging it into natural streams. Oil and grease residues shall be stored in drums awaiting disposal in line with the agreed Waste Management Plan and consistent with national and local regulations.8. Predictable wastewater effluent discharges from construction works shall have the necessary permits from NDE and local authorities before the works commence.9. Borrow pits and natural depressions with pre-laid impervious liners will be used to dispose of scarified/scraped asphalt, and then covered with soil. This will check potential groundwater contamination. 10. Options for completely or partially recycling scraped scarified materials will also be taken into account. 11. As much as possible, food shall be provided from farms nearby and bush meat supplies will be banned to discourage poaching. 12 Ban use of guns and hunting equipment by workers and dismiss workers taking or using green timber or hunting or in possession of wildlife.13. Camp site will be cleaned up to the satisfaction of and local community after use.14. Solid and liquid waste will be managed in line with Waste Management Plan.15. All waste materials shall be removed and disposed to disposal sites approved by local authorities16. Land used for campsites shall be restored to the original condition as far as practicable and the area shall be planted with appropriate trees / shrubs as soon as practicable after it is vacated

Throughout construction phase

of facilities3 to 16: Bi-weekly

1 to 16: as part of day-to-day project construction supervision

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

and cleaned.18. Sanitation and Diseases

Control of infectious diseases.

1. Standing water will not be allowed to accumulate in the temporary drainage facilities or along the roadside to prevent proliferation of mosquitoes. 2. Temporary and permanent drainage facilities will be designed to facilitate the rapid removal of surface water from all areas and prevent the accumulation of surface water ponds. 3. Malaria controls ((e.g., provision of insecticide treated mosquito nets to workers, installation of proper drainage to avoid formation of stagnant water, etc.) and HIV/AIDS education will be implemented in line with social plans for the project.4. HIV/AIDS awareness and prevention program shall be implemented in line with social plans under the Project

Contractors Throughout construction.

Throughout project site, workers camps

Cost included in contracts.

Check implementation of items 1 to 4

Bi-weekly

as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

19. Safety Precautions for the Workers

Ensure worker safety. 1. Implement the Worker and Public Safety Plan (WPSP) prepared by PMU and instructs workers in health and safety matters. 2. Establish safety measures as required by law and by good engineering practice and provide first aid facilities that are readily accessible by workers .3. Scheduling of regular (e.g., weekly tool box talks) to orient the workers on health and safety issues related to their activities as well as on proper use of PPE.4. Fencing on all excavation, borrow pits and sides of temporary bridges5. Workers shall be provided with appropriate personal protective equipment (PPE) such as safety shoes, hard hats, safety glasses, ear plugs, gloves, etc. at no cost to the employee. 6. Where worker exposure to traffic cannot be completely eliminated, protective barriers shall be provided to shield workers from traffic vehicles. Another measure is to install channeling devices (e.g., traffic cones and barrels) to delineate the work zone.7. Workers shall be provided with reliable supply of potable water.8. Construction camps shall be provided with adequate drainage to avoid accumulation of stagnant water.9. Construction camps shall be provided with toilets/sanitation facilities in accordance with local regulations to prevent any hazard to public health or contamination of land, surface or groundwater. These facilities shall be well maintained to allow effective operation.10. Ensure reversing signals are installed on all

Contractors Throughout construction phase

Throughout project site

Cost included in contracts

Check implementation of items 1 to 10 Check compliance to Labour Code of Timor Leste, DDL5/11ee 06/CP 1995, DDL5/11ee / 202 ND-CP OP 2002 and Circular 13/ BYT 24 Oct 1996.

Bi-weekly

as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

construction vehicles.20. Public safety Prevent accident with

public in local community

1. Install barriers (e.g., temporary fence) at construction areas to deter pedestrian access to the roadway except at designated crossing points.2. The general public/local residents shall not be allowed in high-risk areas, e.g., excavation sites and areas where heavy equipment is in operation and such sites have a watchman to keep public out.3. Speed restrictions shall be imposed on Project vehicles and equipment when traveling within 50 m of sensitive receptors (e.g. residential, schools, temples, etc.).4. Upon completion of construction works, borrow areas will be backfilled (if suitable materials are available, e.g., excavation spoils) or fenced.

Contractors At all times throughout construction phase

Throughout project road, borrow areas and other areas utilized for the Project

Cost included in contracts

Check implementation of items 1 to 4

Bi-weekly

as part of day-to-day project construction supervision

PMU, DRBFC

PMU

Cost met by PMU, PMU

and DRBFC project staffing

21. Traffic Conditions

Minimize disturbance of traffic and traffic congestion

1. Implement the Temporary Traffic Management Plan (TTMP) prepared by PMU during detailed design phase and awareness program for road traffic.2. Communicate to the public through local officials regarding the scope and schedule of construction, as well as certain construction activities causing disruptions or access restrictions.3. In coordination with local traffic authorities, implement appropriate traffic diversion schemes to avoid inconvenience due to project operations to road users, ensure smooth traffic flow and avoid or minimize accidents, traffic hold ups and congestion4. In coordination with local traffic officials, schedule transport of materials to avoid congestion, set up clear traffic signal boards and traffic advisory signs at the roads going in and out the road and bridge construction sites to minimize traffic build-up.5. Provide safe vehicle and pedestrian access around construction areas.6. Install bold diversion signs that would be clearly visible even at night and provide flag persons to warn of dangerous conditions (24 hours, as necessary)7. Provide sufficient lighting at night within and in the vicinity of construction sites..8. Designate traffic officers in construction sites.

Contractors Throughout construction phase

Throughout project site

Cost included in contracts

Check implementation of items 1 to 8

Bi-weekly

as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

22. Archaeological and cultural artifacts.

Preservation of chance finds of cultural and archaeological relics. identified during construction

1. Site agents instructed to keep a watching brief for relics

2. Should any potential items be located, the PMU and DRBFC will immediately be contacted

and work will be temporarily stopped in that

Contractors Throughout construction. Check and report on same day.

Throughout project site

Cost included in contracts.

Check implementation of items 1 to 4

Before construction and Bi-weekly checks.

PMU, DRBFC Cost met by PMU, PMU

and DRBFC project

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

area.3. If the site supervisor determines that the item is of potential significance, an officer from the Department of Culture and Information (DCI) will be invited to inspect the site and work will be stopped.

4. Until DCI has responded to this invitation work will not re-commence in this location until

agreement has been reached between DCI, PMU and DRBFC/DRBFC as to any required

mitigation measures, which may include excavation.

as part of day-to-day project construction supervision

PMUstaffing

23. Enhancements Provide environmental enhancement of the project

Contractors to reconfirm and implement enhancements (e.g., landscaping, tree replanting) identified at the detailed design stage.

Contractors Throughout construction.

Throughout project site

Cost included in contracts.

Confirmed implementation of required enhancements

Before construction and Bi-weekly checks.

as part of day-to-day project construction supervision

PMU/DRBFC Cost met by PMU and

DRBFC project staffing

OPERATIONAL STAGE

1. Soil erosion To minimize excessive erosion.

1. Ensure that storm drains and highway drainage systems are periodically cleared to maintain clear drainage to allow rapid dispersal of storm water flow. 2. Ensure rapid response in case of landslips and implement thorough maintenance programme along erosion-prone areas .3. Undertake surveillance and re-vegetation for areas prone to erosion and landslips.

District Department of Transport (DDRBFC)

Throughout operation

Slopes with protection measures and new wash out.

Included in operation and maintenance cost

Check implementation of items 1 to 3

Semi-annual DRBFC Cost met by for DRBFC

staffing

2. Road Safety Minimize road accidents.

1. Undertake road safety awareness campaigns for local residents and other road users of the Project road. 2. Install and maintain road warning signs and markings. 3. Monitor road accidents and implement necessary preventive measures (awareness campaigns, provision of appropriate road furniture to enhance road safety and control traffic).

District Department of Transport (DDRBFC)

Throughout operation

Entire project road

Included in operation and maintenance cost

Check implementation of items 1 to 3

Semi-annual DRBFC Cost met by for DRBFC

staffing

3. Tree survival Ensure survival of planted trees.

Monitor survival of trees / shrubs and grass in bioengineered slopes (e.g. at landslides, also transplanted / compensatory planting trees) and

DDRBFC and District Forestry Office (DFO)

During operation. Throughout project site

Included in operation and

Survival rate of planted vegetation

Semi-annual for 1st 3 years of operation

DDRBFC and DFO

Cost met by DDRBFC and DFO

Impact mitigation Performance and Impact monitoring

EnvironmentalConcern

Objective Proposed Mitigation Measures(MM)

Responsible to Implement MM

Timing to Implement MM

Locations Implement MM

MitigationCost

Parameter to monitor

Frequency & Verification

Responsible to Monitor

Monitoring Cost

replant, as necessary. maintenance cost

staffing

Appendix 6: Guidelines - Preparation of Site Specific Environmental Management Plan (SEMP)

I. CONTRACTOR OBLIGATIONS 1. The Contractor will commit to implement the SEMP with DRBFC and PMU before contracts are signed. The Contractor will cooperate with the PMU and ESSU to agree to the contents of the SEMP with DRBFC and PMU before construction works commence. The SEMP is prepared after the award of the Contract and is to meet the conditions of the relevant contractor bidding documents. The Contractor can only move to the site and commence work after the SEMP has been approved by the PMU and WB/ADB are informed.

2. The SEMP is a contractually binding document and applies equally to the main contractor and to sub-contractors under his control.

3. The SEMP must be compliant with (i) the IEE and EMP conditions and (ii) any legislation established by GOTL. All licenses and permits issued by any outside organisation that are required to meet the SEMP conditions are to be attached to the SEMP. The Contractor will notify the PMU within 24 hours of any inspections or visits from any outside organisation.

4. The PMU may require the contractor to reassess the SEMP activities and mitigation measures if unexpected circumstances occur or of the mitigation measures are not effective. Where any inspection by the contractor, PMU or outside organisation is undertaken and the work is found to be unsatisfactory a notice of non-conformance will be issued to the contractor. The contractor shall implement corrective action to address the issues raised in the notice. Where the work is shown to be non-conforming with the SEMP the contractor will be responsible for meeting costs of all investigations and associated corrective actions.

5. After a period the Contractor can request that the SEMP be changed but any requests and alterations to the SEMP can only be approved by the PMU after notifying WB/ADB.

6. The Contractor is to keep a Log Book with daily record of all work done and mitigation measures installed/implemented to meet the SEMP requirements. The Log Book is to be made available to the PMU upon request. The Contractor is to provide monthly reports to the PMU regarding compliance with the SEMP, mitigation measures installed/implemented and current status of compliance records and licenses.

II. Contents of the SEMP7. The SEMP will be a concise and well focused document that clearly sets out how the contractor will meet the requirements of the Project EMP. The SEMP consists of the following sections.

A. Introduction and Purpose

8. Identify the Project and state the purpose of the SEMP. Identify who prepared the SEMP together with the contacts of the person who prepared the document.

B. Management Responsibilities

9. This section must clearly identify those persons within the Contractor’s team who will be directly responsible for supervising the SEMP activities. Each person and their position is to be identified and contact details provided for their work, after hours phone numbers for emergency situations, and their email address. Details are to be provided as to whether these persons are available on a full-time or part-time basis on the construction site. As a minimum, details are required for the following positions:

- The Contractor’s Environmental Manager (EM).

- The back-up person for the EM whenever the EM is away from site.

- The Contractor’s Site Engineer who is responsible for supervising the contract on behalf of the Contractor.

- Any other persons on the Contractor’s team who will have management responsibilities as required to meet the activities outlined in the SEMP conditions.

Legal Requirements10. This section will outline the various environmental laws, regulations and standards that the Contractor must comply with during construction.

Licenses and Permits11. Provide details of licenses and permits that the Contractor will require to undertake the SEMP.

C. Special Environmental or Cultural Issues

12. Show whether there are any special issues associated with the location of the work areas. That is whether it is located inside or close to environmentally or culturally sensitive areas. Advise what approvals will be required and how work will be undertaken in these areas. Locate the boundaries to the areas in the Plan of Works.

D. Scope of Works

13. Define the construction requirements so that these are clearly identify all of the work to be undertaken by the contractor.

E. Plan of Works

14. The Contractor is to provide an overall Plan of Works that shows the location of all of the construction sites and contractor’s support facilities. The Plan of Works would be based on the detailed engineering site plans and would show the following:

I. Boundaries of the construction sites showing the extent of the disturbed area. II. Boundaries to any culturally or environmentally sensitive areasIII. Access roads (temporary and permanent), IV. Contractor’s facilities (show the location of offices, workshops, vehicle and machinery

parking areas, material storage areas, fuel stores etc)V. Worker campsVI. Areas to be excavatedVII. Areas where excavated fill will be dumped both as temporary and permanent dumps.VIII. Locations of material sources, sand and stone. IX. Waste disposal sites (non hazardous and hazardous). X. The Plan of Works must show; north, the map scale, contours and existing drainage lines.

F. Machinery and Support Equipment brought to Site

15. The Contractor is to provide;

I. A list of all the machinery, vehicles and support equipment that will be brought to the Project.

II. The age of the machinery and III. An assessment of the condition of the machinery0 as; good, average or poor. Where

average or poor machinery is listed show the defect0.IV. Where vibratory rollers are to be used, indicate the weight of the roller and the safe

operating distances where the machine can be operated without causing harm to surrounding buildings or other susceptible infrastructure, (the zone of vibration).

V. Any machinery that will create noise above 45dBA is to be listed.

Table 1: Example of Table for Machinery that will be brought to site:Make and Type Age years Condition Registration OwnerABC utility 2 GoodDEF tractor 3 AverageGHI excavator 4 AverageJKL 7t truck 1 Good

G. Details of Sites used to source Raw Materials

16. This includes borrow pits and quarries. The SEMP is to provide the following details;

I. Show location of material supply areas II. Show type of activity and material extracted e.g. borrow pit for sub-base or quarry for

aggregateIII. Identify requirement for any permits or approvals to open the borrow pit of quarry.IV. Estimate mounts to be extracted – total volume required and daily amounts as numbers of

truckloads for how many days/monthV. List Names of villages and distances along road (km) that the haul road may need to

traverse before reaching the site.VI. Identify machinery that will be operated at the siteVII. Identify health and safety issues that will be required to be addressed at the site

H. Contractor’s Facilities and Worker Camps

17. Provide details of the facilities that the Contractor will erect on-site for (i) his own use and (ii) for worker camps. The Contractor is to show the location of these facilities on the Plan of Works and provide the following details.

I. For Contractor facilities; show the areas required (m2) for all facilities such as administration offices, stores and workshops, vehicles and machinery parking areas. Sources of electricity and water supply.

II. For Worker Camps; provide details of: (i) number of people occupying the camps, (ii) areas (m2) and facilities installed for; (iii) washing and sanitation areas, (iv) cooking, (v) sleeping areas and (vi) recreation areas

18. For both the Contractor and Worker facilities show the following:

0 Condition of machinery relates to the age and the maintenance of the machinery or vehicles. Any vehicles or machinery that are leaking oil or fuel and are operated without satisfactory silencing or are deficient in safety equipment must be classified as average or poor.0 Under the Contract the PMU is able to reject any machinery or vehicles that are unsatisfactory.

I. Type of construction of facilities (floor, walls and roof). II. Stormwater drainage; collection systems, flow paths and disposal areas.III. Source of water and type of treatment required for cooking, washing and drinking. IV. Effluent systems to handle the disposal of washing, sanitation and kitchen waste water. V. Source of energy to be used for heating and cooking.VI. Confirm as “yes” or “no” If the facilities or camps are to be located within or closer than 2 km

of a protected area or forested areas. VII. Show how long the camps will be required to be used.VIII. Procedure for closing and dismantling the camps.

19. Enter details in a table.

Table 2: Example of Contractor’s Facilities to be used during Construction Facility Area (m2) Construction Stormwater

drains to…Effluentdrains to…Floor Walls Roof

1 Administration Offices

300 m2 (30m x 10m)

New transportable building Fresh water tanks

Closed septic system

2 Workshop and machinery wash down areas

200 m2 (20m x 10 m)

concrete c.g.i. c.g.i.

Oil & water separator > sediment basin> natural drainage system

Closed septic system

3 Vehicle and machinery parking area

800 m2 (40m x 20m)

Compacted coral aggregate sediment basin> natural drainage system

n.a.

4 Storage area – materials

400 m2 (40m x 10m)

Coral aggregate

c.g.i. c.g.i.

Sediment basin> natural drainage system

n.a.

5 Storage area – fuel (5,000 l) skid tank

15 m2 (5m x 3 m)

Concrete bunded base Oil & water separator > sediment basin> natural drainage system

n.a

c.g.i. corrugated iron; n.a. not applicable

III. Environmental Protection Work Procedures20. The SEMP is to provide a series of procedures that are designed to protect the environment. These are called Environmental Work Procedures (EWP) and outline how work will be arranged to address the various issues that have been outlined in the SEMP.

21. The SEMP will review and build on the Project EMP requirements to develop more detailed procedures for implementation in the construction activity. While the Project EMP provides a list of mitigation requirements that will require procedures to be developed for each of them, the Contractor is required to review the adequacy of the requirements and if necessary include additional procedures. Should the Contractor consider that a procedure that is shown in the Project EMP is not required, the Contractor will need to justify that decision.

22. The following is a list of procedures that may be required to be included in the SEMP. The Project EMP will confirm which of these procedures or others will be required.

I. Site preparationII. Excavation of construction sitesIII. Removal and disposal of excavated wasteIV. Erosion and sedimentationV. Storage and handling of construction materials, fuel and lubricantsVI. Noise and vibrationVII. Dust generation VIII. Public access to siteIX. Risk to public and worker health and safetyX. Use of hazardous materialsXI. Worker issues (e.g. use of fuel wood, hunting, clearing areas for gardening)XII. Disposal of waste material (solid and liquid)XIII. Archaeological discoveriesXIV. Rehabilitation of construction sites and contractor facilities.

IV. Monitoring of Work23. The SEMP is to provide details of how each activity will be monitored: How frequently the monitoring will be carried out, what criteria will be monitored and who will undertake the monitoring. A monthly report on monitoring activities is to be included in the Monthly SEMP Report.

V. Staff and Worker Training 24. The SEMP is to provide details of staff and worker training and awareness programs that will be required to ensure compliance with the SEMP. Awareness of staff and workers to safety and environmental regulations, the SEMP requirements and in special circumstances where work will need to be carried out within or adjacent to protected areas or areas of cultural heritage will be particularly important. The program will need to show who will be responsible for implementing the program and where the program will be introduced so as to ensure that all workers are aware of the SEMP procedure requirements before commencing work.

VI. Reporting25. The Contractor is to provide details in a Monthly SEMP Report. The report will be prepared by the person who has been identified within the Contractor’s team who is responsible for overseeing the SEMP procedures. The report will outline progress with regard to the Project’s physical monitoring targets and implementation of the SEMP for these works. The report should note which tasks have been completed and have been approved for payment by the PMU. The report is to specify if any notices have been issued by the PMU to correct work and what has been done by the Contractor to address these issues. Any complaints or issues that have been received from the public are to be listed in the report. Three copies of the report are to be sent to the PMU. The report will address the following topics:

I. Status of work programme; work completed, construction underway and work planned.

II. Environmental unit and staff situation for month. III. Staff and worker awareness training carried outIV. Waste volumes, types and disposal (inorganic and organic)V. Areas revegetated and rehabilitatedVI. Dust control reportVII. Discovery of artefacts

VIII. Safety and monthly accident reportIX. Status of SEMP environmental mitigation measuresX. PMU notices issued and status of all non-conforming workXI. Environmental IncidentsXII. Complaints received and action takenXIII. Other relevant environmental issues

Appendix 7: OUTLINE OF A EMP PROGRESS REPORT

The borrower is required to prepare and submit to WB/ADB semiannual monitoring reports that describe progress with implementation of the Project EMP and compliance issues and corrective actions. A sample outline which can be adapted as necessary is provided below.

1. IntroductionReport PurposeProject Implementation Progress

2. Verification of environmental assessment preparation and approval before commencement of constructionVerify that each Project IA (i) produced environmental assessment document, and (ii) received WB/ADB no-objection before commencement of construction. Include copy of document which provides approval in appendices.

3. Incorporation of Environmental Requirements into Project Contractual ArrangementsConfirm that EMP requirements were incorporated into contractual arrangements, such as with contractors or other parties. Provide example clauses of contractor bidding documents in the appendices.

4. Summary of Environmental Mitigations and Compensation Measures Implemented During the Reporting PeriodSummarise key mitigations listed in the sub-program’s EMP. This may include measures related to air quality, water quality, noise quality, pollution prevention, biodiversity and natural resources, health and safety, physical cultural resources, capacity building, and others.

5. Adequacy of Public Consultation / Disclosure Activities Provide information on the number and type of public consultation and disclosure events and key issues raised for all Project environmental assessments. It may be useful to provide this information table (See Table 1 example).

6. Summary of Environmental Monitoring Compliance Inspections. Describe the inspection schedule and methods by the PSU and/or government. Include inspection reports as appendices. Provide information on mitigation compliance and effectiveness.

Emission / Discharge (Source) Monitoring Program (if relevant). Include summary of monitoring, results, and assessment of results. Note that discharge levels should be compared to the relevant discharge standards and/or performance indicators noted in the EMP. Non-compliance should be highlighted for attention and follow-up.

Ambient Monitoring Program (if relevant). Include summary of monitoring, results, and assessment of results. Note that ambient environmental conditions should be compared to the relevant ambient standards and/or performance indicators noted in the EMP. Any exceedances should be highlighted for attention and follow-up.

7. Key Environmental IssuesKey Issues identified during this reporting periodAction taken during this reporting periodAdditional action required during the next reporting period

8. ConclusionOverall progress of implementation of environmental management measures Problems identified and actions recommended

Appendices1. Site Inspection / Monitoring Reports2. Environmental Parameters Ambient Monitoring Results (Dust/ Noise) 3. Public Consultation Results and actions taken 4. Photographs5. Others

Note: compliance in each section could be described in qualitative terms or be evaluated based on a ranking system, such as the following:

1. Very Good (all requirements implemented)2. Good (most requirements implemented)3. Fair (some requirements implemented)4. Poor (few requirements implemented)5. Very Poor (very few or no requirements implemented)

Additional explanatory comments should be provided as necessary.

Table 1: Summary of Key Information Required for Consultation

CONSULTATION METHOD

DETAILS OF ACTIVITIES CONSULTATION OUTCOMES

Public NoticeDate(s) of notice n/a

Location of notice

Newspaper Notification

Date(s) of notice n/aName of newspaper

Public announcement/

radio

Date(s) of announcement

n/a

Time(s) of announcement

Newsletter / questionnaire

Date(s) sent Number received

Number sent Main issues raised

Area of distributionFeedback sought (Yes / No)

Public meeting

Date(s) held Meeting minutes attached (Yes / No)

Location(s) held AttendeesInviteesMethods of invitationAgenda attached (Yes / No)

Appendix 8: GRIEVANCE REDRESS MECHANISM

64. Existing arrangements for redress of grievances for affected persons are through complaints to the village and suco committees up to the district level and then through the DRBFC and back to the agency (e.g. DRBFC) that implements a project. This indirect route will remain in place to preserve the usual administrative remedies. There will be a need to deal with complaints and grievances during construction for this project, Therefore another mechanism will be available to affected persons whereby complaints can also be made direct to the DRBFC (with the usual authorities DRBFC being kept informed).

65. A Project wide grievance redress mechanism (GRM) will be established to receive, evaluate and facilitate the resolution of affected people’s concerns, complaints and grievances about the social and environmental performance at the level of the Project. The PMU and DRBFC will maintain an open door policy to accept complaints at all levels concerning the environmental performance of the project. The GRM will aim to provide a time-bound and transparent mechanism to voice and resolve social and environmental concerns linked to the project. It is assumed that the overall sector Project will have a project management unit (PMU).

66. The PMU shall make the public aware of the GRM through public awareness campaigns. The contact phone number of the PMU will serve as a hotline for complaints and shall be publicized through the media and placed on notice boards outside their offices and at construction sites. The project information brochure will include information on the GRM and shall be widely disseminated throughout the corridor by the safeguards officers in the PMU. Grievances can be filed in writing or by phone with any member of the PMU or DRBFC, construction sites and other key public offices all of which will maintain an open door policy to accept complaints.

67. First tier of GRM. The PMU is the first tier of GRM which offers the fastest and most accessible mechanism for resolution of grievances. The Environmental Officer (NES) and Social Safeguards Officer (SSO) in the PMU shall be designated as the key officers for grievance redress. Resolution of complaints will be done within fifteen working (15) days. The NES and SSO as the core of the PMU Environmental and Social Safeguards Unit (ESSU) will provide the support and guidance in grievance redress matters. Investigation of grievances will involve site visits and consultations with relevant parties (e.g., affected persons, contractors, traffic police, etc.). Grievances will be documented and personal details (name, address, date of complaint, etc.) will be included unless anonymity is requested. A tracking number shall be assigned for each grievance, including the following elements:

I. Initial grievance sheet (including the description of the grievance), with an acknowledgement of receipt handed back to the complainant when the complaint is registered;

II. Grievance monitoring sheet, mentioning actions taken (investigation, corrective measures); III. Closure sheet, one copy of which will be handed to the complainant after he/she has agreed

to the resolution and signed-off.

68. The updated register of grievances and complaints will be available to the public at the PMU office, construction sites and other key public offices along the project corridor (offices of the sucos and districts). Should the grievance remain unresolved it will be escalated to the second tier.

69. Second Tier of GRM. The NES and SSO will activate the second tier of GRM by referring the unresolved issue (with written documentation) to the PMU who will pass unresolved complaints upward to the Grievance Redress Committee (GRC). The GRC shall be established by PMU/DRBFC before commencement of site works. The GRC will consist of the

following persons: (i) Project Director; (ii) representative District and Suco; (iii) representative of the affected person(s); (iv) representative of the local land office; and (v) representative of the National Directorate Environment (NDE) (for environmental related grievances). A hearing will be called with the GRC, if necessary, where the affected person can present his/her concern/issues. The process will facilitate resolution through mediation. The local GRC will meet as necessary when there are grievances to be addressed. The local GRC will suggest corrective measures at the field level and assign clear responsibilities for implementing its decision within thirty (30) working days. The contractor will have observer status on the committee. If unsatisfied with the decision, the existence of the GRC shall not impede the complainant’s access to the GOTL’s judicial or administrative remedies.

70. The functions of the local GRC are as follows: (i) resolve problems and provide support to affected persons arising from various environmental issues and including dust, noise, utilities, power and water supply, waste disposal, traffic interference and public safety as well as social issues land acquisition (temporary or permanent); asset acquisition; and eligibility for entitlements, compensation and assistance; (ii) reconfirm grievances of displaced persons, categorize and prioritize them and aim to provide solutions within a month; and (iii) report to the aggrieved parties about developments regarding their grievances and decisions of the GRC.

71. The PMU/ESSU officers will be responsible for processing and placing all papers before the GRC, maintaining database of complaints, recording decisions, issuing minutes of the meetings and monitoring to see that formal orders are issued and the decisions carried out.

72. Third tier of GRM. In the event that a grievance cannot be resolved directly by the PMU/ESSU officers (first tier) or GRC (second tier), the affected person can seek alternative redress through the Suco or District committees under the existing arrangements for redress of grievances for affected persons. The PMUs or GRC will be kept informed by the district, municipal or national authority. The grievance redress mechanism and procedure is depicted in Figure VII.1 below. The monitoring reports of the EMP and RP implementation shall include the following aspects pertaining to progress on grievances: (i) Number of cases registered with the GRC, level of jurisdiction (first, second and third tiers), number of hearings held, decisions made, and the status of pending cases; and (ii) lists of cases in process and already decided upon may be prepared with details such as Name, ID with unique serial number, date of notice, date of application, date of hearing, decisions, remarks, actions taken to resolve issues, and status of grievance (i.e., open, closed, pending).

Figure VII.1: Grievance Redress Mechanism