ENVIRONMENTAL ISSUES IN TRANSMISSION LINE PROJECTS

Presented by Joseph Ogwal Senior Environment Officer

The background

WHAT IS ENVIRONMENT?????

ogwal, J.J SPO(EA) UETCL

ENVIRONMENT
The Environment is defined differently by various scholars. For example, geographers, biologists, philosopher and physical scientists may offer contrasting definitions- however, humankind and its surrounding is cross cutting. Three components of nature are critical in shaping our understanding; the earth, atmosphere and life. The ability of mankind to evolve , develop and transform the earth has a bearing on definition of the environment in the context in our present day.
ogwal, J.J SPO(EA) UETCL 3

Transmission line projects

Large scale infrastructure projects. Consists of land acquisition, design & construction, commissioning and testing, operation. Environmental impacts occur at each stage of the life cycle and value chain. Each stage of the life cycle presents an environmental challenge.
ogwal, J.J SPO(EA) UETCL 4

Environmental aspects that trigger impacts

Ecological (Biodiversity and Ecosystems)degradation, alteration, loss, introduction, behavior change, safety Physical (Air, Water, Noise)-quality standards, point and non-point impacts, COD/BOD Social (human wellbeing and livelihood)involuntary/voluntary resettlement, safety, income, disease, social metamorphosis etc.
ogwal, J.J SPO(EA) UETCL 5

How we determine impacts

Strategic Environmental Assessments Environmental Impact Assessment Social Impact Assessments Health Impact Assessment
ogwal, J.J SPO(EA) UETCL 6

Outcomes
SEA: PROGRAM IMPACT (Sustainability/ compatibility) EIA: REPORT, EMP SIA: REPORT, RAP

ogwal, J.J SPO(EA) UETCL

Foundation for impact studies

Scientific research: Several studies concluded that development projects were impacting on the environment. Regulatory frameworks: Set of measures with legal backing set to regulate development- industrial revolution in Europe. The business case: Lenders became intrigued with environmental damage, giving rise to safeguards such as the EQUATOR PRINCIPLES, BANK PROCEDURES AND OPERATIONAL GUIDELINES. Global cause and need for Litigation : The need to prosecute violators led to nations ratifying and adopting strict legal, policy guideline on environment.

ogwal, J.J SPO(EA) UETCL

Background to Environmental and Social Impact Assessments

World over, sustainable development is being emphasized.
EIA emerged as a rigorous tool by 1969, when the US enacted its National Environment Policy. Today, its part of the regulatory framework for many nations, banks and lending institutions. The EIA framework for Uganda came into force with the enactment in 1995 of the NEA, Cap 153 and Constitution)

Broad categories of Environmental Assessments ESIA (project based, detailed) SEA (policy /program based, strategic) ESIA EIA is a systematic and inter-disciplinary process of evaluating the potential effects of a proposed action and its alternatives on the environment in a particular location.
ogwal, J.J SPO(EA) UETCL 9

The legal basis for ESIA under Environmental law

The precautionary principle
The Precautionary principle is based on the premise that prevention is better than cure It applies regulatory tools such as EIA, permits, agreements, audits to ensure compliance Its a major step taken by developers and its a precondition for development financing, issuance of approvals and certification.

The polluter pays principle

The polluter pays principle is based on the premise that a polluter of the environment must pay for damages caused by his actions in equal or greater proportion to cover lost services or values It applies tools such as; fines, sanctions, restoration cost-based on economic analysis of ecosystem value lost It s a law enforcement tool taken against violators of the environmental laws.

ogwal, J.J SPO(EA) UETCL

10

Legal issues
International Equator principles World Bank OP/BP JICA regulations etc Uganda NEA Cap 153 EIA regulations Land Act , etc

ogwal, J.J SPO(EA) UETCL

11

Why then, conduct ESIA

EIA is applied to ensure that environmental requirements are applied in the project cycleConception, Planning, Design, Implementation Monitoring and Decommissioning. To minimize; Ecological Physical & Social impacts To promote; Sustainable development by enhancing positive impacts and minimizing or eliminating negative ones; Hence; Eliminating cost (litigation, restoration, offsets) Maximizing benefits

ogwal, J.J SPO(EA) UETCL

12

Categories of projects for ESIA

Projects for which EIA are World bank / JICA Mandatory in Uganda In Annex 2 of the EIA guidelines, Category A, B, C depending the following projects require on level of impact. EIA; Urban developments Transportation Transmissions line projects Dams, rivers, and water fall in Category A resources projects, for which Aerial spraying detailed ESIA and RAP Mining must be applied Electrical infrastructure (generation, transmission lines, substations, etc)
ogwal, J.J SPO(EA) UETCL 13

Basic ESIA procedure in Uganda

1. 2. Developer submits a project brief to NEMA (and Lead Agency) Screening of the project brief leading to decision whether; Mandatory EIA is required (Transmission line projects) Its exempt from EIA Adequate mitigation has been provided

3. When a project requires mandatory EIA, then it progresses to Scooping level (stakeholder consultations, preparation of Terms of reference). 4. The Terms of Reference are prepared and submitted to NEMA-this is subjected to review by lead agencies before final approval by NEMA. 5. EIA study then proceeds (field data collection, public consultation and report preparation) 6. Submission of draft reports to clients (e.g. UETCL) for internal review and approval 7. Submission of final reports to NEMA by lead agencies 8. Review and decision making 9. Issuance of Certificate if approved ogwal, J.J SPO(EA) UETCL 14 10. Monitoring

Outcomes of the ESIA process

The major output is the ESIA report and the EMP The ESIA forms the basis for preparation of detailed Resettlement Action Plan (RAP) RAP process undertaken independently and entails; sensitization of the affected persons, survey of land affected, valuation of affected property, socio-economic analysis of affected community, compensation and livelihood restoration programs
ogwal, J.J SPO(EA) UETCL 15

Why EIA / RAP for Transmission lines

1. To fulfill UETCL Corporate Policy
2.

Environmental Compliance is among the objective requirements under UETCL strategic policy To contribute to environmental protection To contribute to social development To minimize footprint hence contribute to global efforts to protect the environment

To comply with national and international Regulatory requirements

Lenders (JICA, World bank, IFC) NEMA Local partners Advocacy groups

ogwal, J.J SPO(EA) UETCL

16

Resettlement Action Plan (RAP) studies

What is a RAP? Its a document in which the project sponsor or other responsible entity specifies procedures it will follow and actions it will take to mitigate adverse effects, compensate losses and provide development benefits to persons or communities affected by the investment or project. What is involuntary resettlement? it occurs without the informed consent of the displaced persons or if they give their consent without having the power to refuse resettlement. What are vulnerable persons? People who by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage, or social status ma'y be more adversely affected by resettlement than others and who may be limited in their ability to claim or take advantage of resettlement assistance-and related development benefits

ogwal, J.J SPO(EA) UETCL

17

Aim of RAP studies

To fulfill lenders requirement on involuntary resettlement by undertaking all precautionary measures such as; To put in measures to ensure adequate and fair compensation to affected persons To ensure that culturally sensitive sites are avoided To ensure the rights of women and other minority groups including the vulnerable are protected To ensure community institutions such as schools, churches, mosques, shrines, wells, markets are not impacted upon To ensure minimal disruption of livelihoods of communities by avoiding centers of economic activities and putting in mechanisms for economic empowerment through livelihood restoration programs,

ogwal, J.J SPO(EA) UETCL

18

The RAP process

Mapping to determine the project area, impact zone Sensitization / stakeholder meetings- about the project, its likely impact to gain understanding of diverse views, sensitivities etc Survey of land to determine Wayleaves, right of way and form basis for expropriation and negotiation with land owners Valuation of affected property falling with the right of way and wayleaves-using existing district rates Socio-economic studies to get in-depth information on the affected persons hence guide compensation and resettlement planning Compensation / resettlement -in-kind, cash Livelihood restoration programs-to restore economic losses and improve livelihood Monitoring to check level of social integration, livelihoods and other issues

ogwal, J.J SPO(EA) UETCL

19

 Once the studies are complete, the report is subjected to approval of Chief Government Valuer Once approved by CGV, implementation commences; Implementation entails a series of process leading to acquisition of the corridor such as; database preparation, disclosures (group and individual), compensation (depending on category), mutation of RoW, gazettment of the corridor. A series of control mechanisms are applied to ensure transparency, fairness
ogwal, J.J SPO(EA) UETCL 20

RAP implementation

UETCL Experiences with EIA /RAP

All projects must be subjected to prerequisite STUDIES and APPROVALS before IMPLEMENTATION. UETCL undertakes internal review and approvals for RAP and ESIA. NEMA, CGV and the lenders make final approval prior to implementation. All EIA approval conditions are included in tender documents for contractors and eventually constitute part of the contract. Regularly, projects are subjected to appraisal missions by lenders as well as NEMA led monitoring group to review compliance. Acquisition of the transmission line corridor is critical. This requires that adequate and satisfactory compensation to all affected persons, including livelihood restoration Grievance resolution committees are formulated to address; all grievances by affected persons. UETCL ensure safeguard requirements are fulfilled by the contractor.

ogwal, J.J SPO(EA) UETCL

21

What we do at UTECL
Identify a project (planning dept-environment section) Prepare ToR (planning dept-environment section) Undertake studies (supervision / advisory roles) Seek approval (environment section) Integrate findings into development stage (PAD, Tender docs) Monitor implementation of approval conditions Regulate Reporting (internal / bank)
ogwal, J.J SPO(EA) UETCL 22

Thank you

THE END

ogwal, J.J SPO(EA) UETCL

23

World Bank OP
OP/BP 4.01 Environmental Assesement To ensure environmental assesement of projects proposed for Bank funding to help ensure they are environmentally sound and sustainable OP/BP 4.04 Natural Habitats To ensure environmnetally sound development by supporting protection, conservation,maintenance and rehabiitation of natural habitats and their functions OP/BP 4.09 Pest Managment To minimize and manage environmental damage and helath risk associted with; pesticide use and effective pest management OP/BP 4.10 Indigneuos people To ensure projects are designed and implemented in manners that respect indignous peoples human dignity, rights, culutral uniqueness to ensure that they recieve culturally compatibel social and ecconomic benefits and do not suffer adverse effects during implementation. OP/BP 4.11 Physcial Cultural resources To ensure physical cultural resources are preserved, not destoryed or damaged while implementing the project. These include; archaeological, paleontological, historical, religous (including burial sites), aesthetic sites. OP/BP 4.12 Involuntary resettlement To ensure projects avoid or minimize involuntary resettlement. To assists displaced persons to improve or atleast restore their livelihoods and standard of living to pre-project conditions. OP/BP 4.36 Forests To ensure that project proponents; Realize potentail of forests to reduce poverty in sustaianble manner Intergrate forests effecevelty into sustainable economic development Protect vital local and global environmental services and vlaues of forest OP/BP 7.60 Projects in Disputed Areas To ensure that projects in disputed areas are dealt with at earliest possible stage so as not to damage relationship between the bank and its members or between borrower and neighboring countries.

ogwal, J.J SPO(EA) UETCL

24