Revolutionary government of zanzibar



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D.POLICY, LEGAL AND INSTITUTIONAL REQUIREMENTS

All sub-projects implemented under ZUSP-AF shall comply with relevant national environmental and social management requirements as well as the World Bank Safeguards Policies applicable to ZUSP-AF, namely OP 4.01 on environmental assessment; OP 4.04 on natural habitats; OP4.09 on pest management; and OP 4.36 on forests; OP 4.11 on physical cultural resources; OP 4.12 on involuntary resettlement. The legislations and institutions relevant to environmental, social and resettlement management and infrastructure development are presented in order for the users of the ESMF to know the minimal legislative requirements and key actors involved in approving, enforcing, implementing or coordinating the requirements.



4.1 ZANZIBAR ENVIRONMENTAL AND SOCIAL MANAGEMENT REQUIREMENTS


In recognition of the importance of natural resources to Zanzibar economy and way of life, the country has a comprehensive body of environmental law. The detail of the law is contained in a number of important Acts and Regulations, many of which have been recently promulgated as older laws in the country are being revised to reflect the relatively new privatization policy and following the general global trend for greater focus on environmental protection, particularly in relation to natural resources utilization and loss of biodiversity; and to energy production and global warming.
Infrastructure investments under the ZUSP programme may be established in all sectors of economy. As such several sectoral legislations will have bearing on the development and operations of the individual project. The majority of the sectoral legislations require the project proponent8 to respect the environmental integrity and recommend that environmental impacts should be carried out in order to achieve that. The Zanzibar Environmental Management Act No. 3 of 2015 is the principle Act that establishes and sets out environmental and social management instruments, permitting requirement and bestow enforcement powers and coordinating roles and responsibilities for institutions and bodies at all levels. Authorities relevant to sector specific environmental and social management, aspects are prescribed in the various laws. The Zanzibar Environmental Management No. 3 of 2015 supersedes other Acts in this regard with the exception of the National Constitution. Below is outline of key policies and laws applicable to ZUSP- AF.
Policies Relevant to ZUSP

Zanzibar Environmental Policy (2013)

The Zanzibar Environmental Policy (ZEP) was officially launched in 2013 (replaced the old ZEP of 1992). All economic and development sectors including Water, Forestry and non-renewable natural resources, Tourism, Energy, Fisheries and Marine Resources, Health, Agriculture and Livestock, Lands, Industries, Infrastructure, Disaster Management, and Local Government are implemented in accordance with the top priorities laid down in the ZEP of 2013. Other cross cutting sub-sectors considered in the policy include climate change, gender mainstreaming, education, NGOs, private sector, and collaboration with international development partners.


Other key policies include:

  • Zanzibar Vision 2020

  • Zanzibar Poverty Reduction and Growth Strategy (MKUZA-II)

  • Zanzibar Environment Policy (2013)

  • Zanzibar Land Tenure Related Policies

  • Zanzibar Forest Policy

  • Zanzibar Water Policy

  • Zanzibar Disaster Management Policy.

  • Zanzibar Tourism Policy

  • Zanzibar Transport Policy (2008)

  • Zanzibar HIV/AIDS Policy.

  • Zanzibar Information Policy.

  • Zanzibar Local Government Policy.

  • Occupational Safety and Health Policy.

Laws Relevant to ZUSP

Environmental Management Act (2015)

The Zanzibar Environmental Management Act (ZEMA) No. 3 of 2015 was recently assented to on 27th March 2015 (replaced the former Environmental Management for Sustainable Development Act (EMCDA of 1996). The Act was established to address the environmental management priorities set in the ZEP, 2013. The Act, among other key legal powers, focuses on the implementation of the key environmental management tools namely: Environmental and Social Impact Assessment process, Environmental Audit, Strategic Environmental Assessment, Pollution Prevention and Waste Management, Biodiversity Conservation, Environmental Education and Research, Integrated Coastal Zone Management, Climate Change Adaptation, Non-Renewable Natural Resources, and other matters of environmental emergency. These above management instruments are supposed to be mainstreamed in all pertinent sectors and cross cutting sub-sectors targeted by the ZEP (2013)


The ZEMA requires an Environmental and Social Impact Assessment (EIA) to be carried out for the development of any proposed project which is likely to have a significant impact on the environment. The ESIA provides the institution responsible for environment sufficient information to justify, on environmental, social and community development grounds, the acceptance, modification or rejection of the project and its implementation. More importantly, the ESIA is targeted to provide the basis for guiding subsequent actions of the project life cycle which -through management and monitoring plan - will ensure that the proposed project is carried out taking into account the environmental, socio-economic issues, and resettlement initiatives identified along with requirements for compliance throughout the project’s life cycle.
The Act makes it mandatory for any person to comply with the environmental and social impact assessment requirement of the Project which includes environmental screening, scoping, preparation of the Environmental Impact Statement and its review before the decision on environmental clearance is made. As per the Act, there is EIA screening, scoping and the review process, while the preparation of the EIS is carried out by the consultant forwarded by the project proponent and only after having been approved by the Zanzibar Environmental Management Authority. The project has to conform to all requirements of environmental clearance and safeguards and they include EIA, Auditing, Monitoring, and implementation of the environmental and social management plans for the project.
Zanzibar Land Tenure Act, 1992

All natural land within the islands of Zanzibar occupied or unoccupied is declared to be public land is vested in, and at the disposition of the President, to be held by him, for the use and common benefit, direct or indirect, of the people of Zanzibar. Riparian occupiers along non-navigable waterways are required to accord the right of passage over a strip ten (10) meters in width on each bank. Compensation is to be paid to the persons or communities concerned, the compensation shall be equal to the fair market value of the land. All affected people whose houses, properties or farm plots are to be demolished or converted should be compensated accordingly.


Regional Administration Act.

The Act specifies powers and function of the Regional, District, and Shehia Government administrators. It covers all matters related to the social, economic, and environmental governance in the lower administrative units such as in the Shehias. Section 22 (1) (d) of the Act states that Regional development committees established under this Act have been given a responsibility to mobilize people to participate, contribute, and if possible assist in the use and management of natural resources, protection of environment for sustainable development and in all activities of national development. The project proponent should ensure full cooperation towards the Act, collaborate with the regional, district and Shehia governments in the implementation of social and environmental safeguards of the proposed project, and coordinate with the community in the implementation of the corporate social responsibility.


Local Government Authority Act.

The Act specifies on establishment of the Local Government Authority structures with their jurisdictional areas, powers and functions. It covers all matters related to the social, economic, and environmental governance within the defined boundaries of the local government authorities. In the context of environment, the Act has emphasized on the local powers prevent and control public nuisance and ensure sustainable management of land and natural resources. Section 26 (1) of the Act specifies general functions of the council which include maintenance of environmental sanitation, promotion of tourism and other investment opportunities available in their areas, keeping record of land and marine transport vehicles and vessels within their jurisdictional areas, control environmental pollution and prevent private nuisance.


Others include supervising and ensuring measures to combat epidemic diseases; control extraction of stone, sand, wood, and other forms of natural resources, undertake afforestation and urban forestry initiatives, implement the land use plan, and deal with cross cutting issues of climate change, disaster management, and population issues. Section 63 provides powers to enter any premise and check if the development has been approved with a permit. Sections 83 and 84 of the Act specify offence under Nuisance and unauthorized land use, respectively. The project proponent should comply with all the requirements within the jurisdiction of the local government council in terms of land acquisition, necessary public works and permits, environmental clearance, prevention of public and private nuisance, and other activities that require certification and permits, etc.
Other key laws include:

  • Zanzibar Forest Resources and Conservation Act

  • Zanzibar Water Act

  • Zanzibar Land Tenure Act, 1992

  • Zanzibar Fisheries Act.

  • Zanzibar Maritime Act. , 2009,

  • Regional Administration Act.

  • Local Government Authority Act.

  • Zanzibar Investment Promotion and Protection Act, 2004,

Environmental Management Tools Applicable in Zanzibar

Besides the ZEP and ZEMA several environmental management tools prescribed in the ZEMA and/or other environment-related Acts of Zanzibar which are in use include:



Strategic Environmental Assessment (SEA)

Established under Part X of the ZEMA No.3 of 2015 and in accordance to Section 48 of the ZEMA, SEA is primarily designed to engage the implementation of the strategy, program, and planning for oil and gas exploration and production industry. There are no Regulations as yet or officially recognized procedures or guidelines to implement the SEA.


Environmental and social impact assessment (ESIA)

Established under Part IX of the ZEMA No. 3 of 2015. Initially ESIA was part of the now defunct EMSDA of 1996. The ESIA Regulations of 2002 were established under the old EMSD Act and later supported by the ESIA guidelines, checklists and other tools all developed under the auspices of the Sustainable Management of Lands and Environment -II (SMOLE-II) Project. These tools have not been amended with the advent of ZEMA of 2015. Identification of the sectors and programs subject to ESIA were developed under the Schedules of the now defunct Environmental Management for Sustainable Development Act. These were later strengthened under the implementation of the SMOLE-II project. According to Annex of the EIA Guidelines and Procedures, these included Agriculture and Aquaculture; Extractive Industry; Energy Industry; Production and Processing Factories and Industries; Chemical Industry; Food Industry; Textile, leather, paper & wood industry; Infrastructure projects; tourism development projects; etc.


Social Impact Assessment (SIA)

This is part of the overall ESIA process as already explained in the previous sections of this table. There is no legal tool so far dedicated to SIA in the context of EIA. Most of the time the SIA is done in accordance with methodologies and best practices under the International Finance Corporation methods. The SIA focuses on the social aspects of the programs sectors mentioned in the previous section. There are no detailed guidelines dedicated to SIA but most of the time issues concerning land acquisition, involuntary resettlement, direct and indirect benefits, direct and indirect recruitment, community health and safety, information disclosure, occupational safety and health; and communicable diseases.


Health impact Assessment (HIA)

Still under drafting process from the Ministry of Health Zanzibar as of 2015. The Environmental Health Unit, Department of Preventive Services and Health Education of the Ministry of Health – Zanzibar is formulating HIA procedures under the Zanzibar Public and Environmental Health Act No. 11 of 2012


Environmental and Social Management Plan (ESMP)

It is part of the procedures under ESIA guidelines, checklists, and other tools developed under the Sustainable Management of Lands and Environment -II (SMOLE-II) Project in 2009. According to SMOLE-II Annex of the EIA Guidelines and Procedures, ESMP must be presented in all ESIA Report for all the programs and projects related to Agriculture and Aquaculture; Extractive Industry; Energy Industry; Production and Processing Factories and Industries; Chemical Industry; Food Industry; Textile, leather, paper & wood industry; Infrastructure projects; tourism development projects; etc.


Environmental and Social Management System (ESMS)

ESMS for Zanzibar in the Drafting process under the Zanzibar Bureau of Standards. The system is fully adopted from the ISO series in mainstreaming and applying environmental safeguards development activities and services. Various sectors, programs and activities with significant impact on environment in accordance with Part IX of the Zanzibar Environmental Management Act No 3 of 2015 pertaining to Environmental Impact Assessment; and Section 50 of the Zanzibar Environmental Management Act No 3 of 2015 pertaining to powers of the Director of Environment to propose environmental standards to the Zanzibar Bureau of Standards related to noise, water, air, wastewater and in augmenting the quality of environment in general.


Environmental Audit (EA)

Established under Part IX of the Zanzibar Environmental Management Act No. 3 of 2015. (Section 46). Could be used interchangeably as the ESIA in accordance with Section 46 (1) (a) of the Act or for programs and projects operating for more than five years after securing ESIA clearance in accordancewith Section 46(1)(b) of the Act. Both these Sections function under the workings of the ESIA part of the Act.


Environmental Standards (ESt)

Environmental Standards for Zanzibar are in the Drafting process under the Zanzibar Bureau of Standards in accordance with the arrangement defined in the Zanzibar Environmental Management Act. Various sectors, programs and activities with significant impact on environment in accordance with Part IX of the Zanzibar Environmental Management Act No 3 of 2015 pertaining to Environmental Impact Assessment; and Section 50 of the Zanzibar Environmental Management Act No 3 of 2015 pertaining to powers of the Director of Environment to propose environmental standards to the Zanzibar Bureau of Standards related to noise, water, air, wastewater and in augmenting the quality of environment in general.


Economic Instruments (EI)

No specific economic instruments related to environment have been legislated under the Zanzibar Environmental Management Act No.3 of 2015. However, the Concessions Project Act of 2015 on means an exclusive right granted by a Public Authority to a Private Partner for the purpose of building, setting up, owning, operating, renting, leasing, financing, modernising, managing, maintaining, developing, or transferring an Infrastructure Facility for a specified period of time in accordance with a concession agreement; has been formulated. This is a legal empowerment of a public-private partnership on collaboratively implementing the means, activities or any combination, such as the design, construction and development of new infrastructure facilities, rehabilitation, modernization, and expansion of existing infrastructure facilities; or administration, expansion or other services pertaining to new or existing infrastructure facilities.


Environmental and Social Management Frameworks (ESMF)

There is no specific ESMF established under the Environmental Law even though most of the ESMF mechanisms from larger internationally financed projects apply the IFC HSE Guidelines. For example, the RGoZ has developed Environmental and Social Management Framework (ESMF) (and Resettlement Policy Framework as stand-alone document) as a tool to be used by the ZUSP and ZMC Project Management Teams (PMTs) and others responsible for project design and implementation. These tools are yet to be integrated into the Environmental Authority’s enforcement requirements. Various sectors, programs and activities with significant impact on environment in accordance with Part IX of the Zanzibar Environmental Management Act No 3 of 2015 pertaining to Environmental Impact Assessment; and according to SMOLE-II Annex of the EIA Guidelines and Procedures, on Agriculture and Aquaculture; Extractive Industry; Energy Industry; Production and Processing Factories and Industries; Chemical Industry; Food Industry; Textile, leather, paper & wood industry; Infrastructure projects; tourism development projects; etc.


Resettlement Policy Framework (RPF)

There is no specific RPF established under laws of Zanzibar even though most of the RPF requirements from larger internationally financed projects apply the IFC RAP Framework. There are procedures under the Land Tenure Act of 1992 (Amended various times)that guides how compensation is to be paid to the persons or communities concerned, compensation being equal to the fair market value of the land under the established rules. The framework should in principle be applied to programs and projects mentioned in the SMOLE-II Annex of the EIA Guidelines and Procedures, e.g. Agriculture and Aquaculture; Extractive Industry; Energy Industry; Production and Processing Factories and Industries; Chemical Industry; Food Industry; Textile, leather, paper & wood industry; Infrastructure projects; tourism development projects; etc. However, the compensation and relocation procedures practiced by the sectors do not necessarily have to follow the principles of the ESIA process.


Resettlement Action Plan (RAP)

There is no specific RAP legislation established under laws of Zanzibar. There are procedures under the Land Tenure Act of 1992 (Amended various times) that guides how compensation is to be paid to the persons or communities concerned, compensation being equal to the fair market value of the land under the established rules. These procedures are sometimes deemed not compatible with the World Bank and IFC’s standards and practices for the affected parties. The framework should in principle be applied to programs and projects mentioned in the SMOLE-II Annex of the EIA Guidelines and Procedures, e.g. Agriculture and Aquaculture; Extractive Industry; Energy Industry; Production and Processing Factories and Industries; Chemical Industry; Food Industry; Textile, leather, paper & wood industry; Infrastructure projects; tourism development projects; etc. However, the compensation and relocation procedures practiced by the sectors do not necessarily have to follow the principles of the ESIA process and this creates more challenges in adequately implementing the principles of World Bank RAP standards given the policy gaps.


Environmental Monitoring and Reporting

Established under Part IX of the Zanzibar Environmental Management Act No. 3 of 2015. (Section 43). Monitoring is required for all the major projects and programs such as e.g. Agriculture and Aquaculture; Extractive Industry; Energy Industry; Production and Processing Factories and Industries; Chemical Industry; Food Industry; Textile, leather, paper & wood industry; Infrastructure projects; tourism development projects; etc.


State of Environment Report

Established under Section 13 (f) of the Zanzibar Environmental Management Act No. 3 of 2015. (Section 43). The Director of Environment is required to develop the State of Environment for Zanzibar every 5 years and to be submitted to the Minister responsible for Environment. The last State of Environment of Zanzibar Report was made in 2004.


Public Awareness and Participation

This is ingrained in Part VIII of Zanzibar Environmental Management Act No. 3 of 2015. (Sections 37 and 38). For ESIA review process, Section 42 of the Zanzibar Environmental Management Act No. 3 of 2015 empowers the Zanzibar Environmental Management Authority to conduct a public hearing in accordance with the procedures that are to be formulated by that Authority. Access to environmental information and environmental research in various key areas prioritized in the Zanzibar Environmental Policy of 2013 have been made mandatory under the Act.


Information Communication and Education (ICE)

This is covered under the theme of “Access to environmental information and environmental research” in which all prioritized areas in Zanzibar’s Environmental Policy of 2013, ICE has been made mandatory by the Zanzibar Environmental Management Act No. 3 of 2015. (Sections 37 and 38).


Permitting Requirements for Project Development

To establish and operate a sustainable project that is environmentally suitable, socially/culturally acceptable and economically feasible the ZUSP-AF project implementers need to adhere throughout project cycle to the requirements stipulated by the principal policies and legislations. The below are ESIA approvals for project establishment and operations:


Environmental approval for new development projects is a requirement under Environmental Management Act No. 3 of 2015. This is backed up by the established ESIA Guidelines and Procedures of 2009. EIA Certificate is issued by ZEMA
Environmental clearance for existing projects is a requirement under Section 46 of the Environmental Management Act No. 3 of 2015. Environmental Audit Certificate is issued by ZEMA
Conduct of ESIA & Audit by ESIA Experts or Firms of experts is a requirement under Section 41 of Environmental Management Act No. 3 of 2015. The Certified individual and firms are registered and issued an EIA Expert Certificate by ZEMA
Changes in existing EIA Certificate, Transfer of EIA Certificate, Change of name of EIA Certificate, Surrender of EIA Certificate and Cancellation of EIA Certificate are all not defined under ESIA Guidelines and Procedures of 2009 or under Environmental Management Act No. 3 of 2015 2009. May be done administratively.
Establishment of public facilities such as waste disposal site, market, bus stand, slaughterhouse etc. require a number of permits as stipulated by relevant acts and issued by various departments at the Ministry of Lands and / or Zanzibar Municipal Council:

  • Town Planning (TP) Drawing: required under Land Tenure Act No. 12 of 1992 and issued by Department of Urban and Rural Planning.

  • Survey Plan: required under Land Tenure Act No. 12 of 1992. and issued by Department of Survey and Mapping .

  • Rights of Occupancy: required under Land Tenure Act No. 12 of 1992 and Title Deed issued by Department of Land Administration ..

  • Right of Way (for roads, water supply, sewage, storm water, electricity transmission lines, pipelines etc.) should be done in coordination with relevant utilities

  • Building Permit: required under Municipal Act No. of 1995and issued by the ZMC


Valuation of land, property and assets require a number of approved documents / reports as stipulated by relevant acts and issued by various departments at the Ministry of Lands and / or Zanzibar Municipal Council

  • Valuation Report: survey / measurements of property (land, buildings, structures) undertaken by Certified Surveyors; valuation and report prepared by a Certified Valuer and approved by the Chief Valuer at the Ministry of Lands

  • Compensation Schedule: Prepared by Valuer, approved by Chief Valuer and payments issued by Ministry of Finance



Legal Requirements by Project Phase

Mobilization phase
Extraction of construction materials from existing borrow pits is carried out under Part VII of the Environmental Management Act No.3 of 2015. Section 33 prohibits any excavation and exploitation of the non-renewable natural resources unless a permit in the form of Mining License, Surface Right (including fees / charges) are given by the institution responsible for non-renewable natural resources, the Department of Forestry and Non Renewable Natural Resources. Extraction is also done under the Zanzibar Regional Administration Act No.8. of 2014 under Section 22 (1) (d) and Local Government Authority Act No.7 of 2014 empowers local authorities (Regional, District and Shehia administrator) to issue permits on excavations under Section 26 (1). Roads authority do not own quarries and rarely are they located on private land.
Extraction of water from natural rivers, lakes, underground aquifers: Water Right issued by ZAWA required under the Zanzibar Water Act No.4 of 2006 under Part IV on Water Resources.
Connecting to Municipal water supply system: permit issued by ZAWA required under the Zanzibar Water Act No.4 of 2006
Connecting to nearby electricity supply system: drawings submitted to ZECO required under Zanzibar Electricity Corporation Act of 2006
Construction / Operation
Emissions into the air: in accordance to Air Quality Standards issued by ZBS, a requirement under Section 17 of the Zanzibar Standards Act of 2011 ; also a Discharge Permit issued by the Department of Preventive Services and Health Education of the Ministry of Health as a requirement under Zanzibar Public and Environmental Health Act No. 11 of 2012.
Effluent (waste water) discharge: in accordance to Water Quality Standards issued by ZBS a requirement under Section 17 of the Zanzibar Standards Act of 2011.
Waste Water Discharge: Permit issued by Department of Preventive Services and Health Education of the Ministry of Health, a requirement under Zanzibar Public and Environmental Health Act No. 11 of 2012
Solid waste disposal at Municipal landfill: Tipping Fees paid to facility operator, a requirement under Municipal by-law
Disposal of hazardous substances: Hazardous Waste Disposal Permit issued by ZEMA / DoE, a requirement under Section 56 of the Environmental Management Act No.3 of 2015.
Disposal of Biomedical Wastes: Disposal Permit issued by Department of Preventive Services and Health Education of the Ministry of Health Zanzibar a requirement under Public and Environmental Health Act No. 11 of 2012

Noise emissions in accordance with Environmental Standards on Noise Emission issued by ZBS a requirement under Section 17 of the Zanzibar Standards Act of 2011.
Waste oil collection, transportation and disposal Waste Oil Collection Permit issued by ZEMA/DoE; a requirement under Section 56 of the Environmental Management Act No.3 of 2015
Sludge collection, transportation and disposal: Sludge Collection Permit issued by Department of Preventive Services and Health Education of the Ministry of Health a requirement under the Zanzibar Public and Environmental Health Act No. 11 of 2012
Collection of scrap metal and related transactions: Scrap Metals Permit issued by Department of Trade; a requirement under the Zanzibar Trading Act No.14 of 2013.
Moving extra weight, large loads / vehicles on main highway roads: Permit a requirement under the Roads (Amendment) Act 2013
Oil Spill: Oil Spill Contingency Plan approved by Zanzibar Maritime Authority, a requirement under Zanzibar Maritime Authority Act No.3 of 2009; or ZEMA, DoE under Environmental Management Act No.3 of 2015.
Occupational Health and Safety: OSHA Certificate issued by Directorate of Occupational Safety and Health, a requirement under Occupational Safety and Health Act No.8 of 2005

Fire: Fire Safety Certificate issued by Fire Brigade, a requirement under Fire Brigade and Rescue Act of 1999

4.2 INSTITUTIONAL FRAMEWOK


Administrative Arrangements of the LGA

Given the above legal framework, currently there are three levels of Local Government in Zanzibar, namely,



  • the urban local governments made up of the Zanzibar Municipal Council (ZMC) located in the Urban District of Unguja, and

  • three Town Councils located at Chake Chake, Mkoani, and Wete in Pemba.

  • District Councils of which are nine (9). Five (5) District councils are in Unguja and four (4) are in Pemba.

Administratively, Zanzibar is divided into five (5) Regions, three (3) of which are in Unguja, and two (2) are in Pemba. The Regions are sub divided into 10 Districts - six (6) in Unguja and four (4) in Pemba. Also there are two (2) sub-districts - one in Unguja (Tumbatu) and one in Pemba (Kojani). Below the Districts level are the Wards and they are 141 in total.

Under the central government governance structure, the Shehia is at the lowest level headed by a Sheha who is appointed by the Regional Commissioner upon advice from the District Commissioner. To date there are 332 Shehias established under Act number 1 of 1998.

Regional Commissioner- appointee of the President - heads each region assisted by a Regional Administrative Officer who is responsible for the day to day running of government business in the region. Districts are headed by District Commissioners assisted by District Administrative Officers. District Commissioners and Administrative Officers are Presidential appointees.

Urban Local Government Authorities Specific Powers, Roles and Responsibilities

The Zanzibar Local Government Authority (LGA) refers to the government machinery that has an authority over a sub-national territory. A Local Government bodies operates within powers delegated to it by legislation from a higher legal authority, in this case, the House of Representatives. The Revolutionary Government of Zanzibar, through Article 120 of its 1984 Constitution has already committed itself to institute an efficient and effective Local Government system. It has further decided that for the Local Government system to be effective and involve the people at the grass root level, it should be based on the principle of Decentralization by Devolution meaning “the transfer of governance responsibilities for specific functions to sub-national level” (grass root level).

The implementation of the constitutional requirements led to the enactment of Act number 3 of 1986 on Regional and Local Government administration. The Act was repealed and replaced by Acts number 3 and 4 of 1995 together with Act number 1 of 1998. The 1995 Acts established the existing Local Government structure, while the 1998 Act established the Regional Administration structure.

4.3 WORLD BANK SAFEGUARD POLICIES


The World Bank Safeguard Policies are approved by the Board for addressing environmental and social issues within the Bank’s supported development projects. ZUSP has been assigned Environmental Category A and triggers the following World Bank Safeguard Polices: (i) Environmental Assessment (OP/BP 4.01); (ii) Involuntary Resettlement Policy (OP/BP 4.12); and (iii) Physical Cultural Resources (OP/BP 4.11). Subsequently, the same policies will apply to the sub-project activities under the proposed Additional Financing. In addition, the environmental sanitation project activities trigger three additional safeguard policies: (i) Forests (OP/BP 4.36), (ii) Natural Habitats (OP/BP 4.04), and (iii) Pest Management (OP/BP 4.09).
The below safeguard policies considered applicable to the ZUSP in general relate to eenvironmental management, resettlement planning, cultural heritage conservation etc. and related aspects including cconsultation and disclosure practices for Category A projects.

Environmental Assessment (OP/BP 4.01)

The World Bank’s safeguard policy OP 4.01 Environmental Assessment requires that all Bank-financed operations are screened for potential environmental and social impacts, a view shared by Zanzibar’s National EIA procedures and processes (see above). Both policies emphasize that the required environmental assessment be carried out on the basis of the screening results. The World Bank’s Environmental Heath and Safety Guidelines also apply to projects such as those included in the ZUSP-AF, and are especially relevant guidance for the solid waste and sludge management investments.

The ZUSP-AF intends to finance a variety of types of infrastructure (e.g. urban upgrading roadside drains, waste disposal infrastructure etc.) that are intended to provide environmental benefits but can have adverse environmental impacts. The ESMF is designed to summarize these potential impacts, and direct project teams (at ZUSP PMU, ZMC, PTCs) and local leaders and management committees to evolve practical ways of avoiding or mitigating them through the ESIAs and ESMPs. The ZMC and participating government authorities through the screening process will determine the safeguards policies triggered by a particular proposed investment/subproject and prepare appropriate safeguard instruments.

Regarding categorization of projects in terms of levels of environmental assessment, OP 4.01 requires:



  • In the event that a subproject is categorized for detailed assessment, a full ESIA and ESMP will be required;

  • A standalone ESMP will be prepared for subprojects with small impacts; and

  • For sub-projects with minor impacts, environmental enhancement measures will suffice.

Thus, the proposed screening process under Chapter 6 of this ESMF will be consistent with the Zanzibari legislation and the WB policy on environmental assessment.



Physical Cultural Resources (OP/BP4.11)

Culturally, Zanzibar is extremely rich and diverse and is home to ancient civilizations: 300-year-old Arab settlements; 100–year-old European buildings; graveyards; sacred areas; mosques; churches; etc. To mitigate against the potential for adverse impacts on cultural property, training of LGA project teams and local leaders and management committees and the subproject planning checklist as well as other tools, will ensure that cultural property resources are identified during subproject planning, and appropriate measures are taken to avoid damaging them. Chance find procedures will be incorporated into civil works contracts and buffer zones will be created to avoid damage to physical cultural resources, especially archaeological and subsurface ones



Involuntary Resettlement (OP/BP 4.12)

Involuntary Resettlement Policy OP 4.12 requires that all projects screened for potential environmental and social impacts be supported/guided by a Resettlement Policy Framework (RPF) that identifies involuntary resettlements under the planned project, identifies impacts i.e. severe economic, social and environmental risks and based on this defines the scope of the resettlement assistant programme (i.e. Resettlement Action Plan, RAP) for affected persons. However, in Zanzibar, there are no explicit requirement for a RPF or RAP. As regards compensation the Zanzibari laws requires that only the rightful land or property owner (statutory or customary rights of occupancy) should be compensated for land, though tenants and encroachers are eligible for some assistance (e.g. tenants based on the rights they have for the land/assets and encroachers for disturbance and transport allowances, loss of profits etc). OP 4.12 on the other hand requires that any person (whether is rightful owner or not ) who loses or is denied or restricted access to economic resources – including tenants, encroachers, squatters - should be compensated. Although there are no significant discrepancies between WB requirements and Zanzibar government’s requirements regarding compensation and resettlement of Project Affected People (PAP), as far as this ESMF (and RPF) for ZUSP infrastructure projects are concerned, the World Bank’s safeguard policy will prevail.

The Project will support investments in various types of subprojects that may require small amounts of land for the construction or rehabilitation of infrastructure. To ensure that current landowners or users are properly compensated, a Resettlement Policy Framework (RPF) has been prepared to be used by LGA project teams and local leaders and management committees concurrently with this ESMF. The RPF provides the framework for determining the need for and content of a Resettlement Action Plan (RAP) for subprojects.

Forests (OP/BP 4.36) and Natural Habitats (OP/BP 4.04)

The Forests and Natural Habitats policies are triggered under the AF due to the environmental sanitation activities. The main site at Kibele is located in the buffer zone of a protected forest area, the Jozani Forest, which as mentioned earlier features two sensitive species in particular, the Black and Rufus Elephant Shrew and the red colobus monkey. The buffer zone, which is sparse coral rag forests, was already degraded due to an industrial quarrying operation by the Roads Department. The Zanzibar Environmental Management Agency and Forests Department have signed a Memorandum of Understanding with the ZMC to use the site for waste management and it will later be reclaimed back to forest cover per requiprements of the Forests Department. The ESIA for the environmental sanitation activities will assess potential impacts on the forest reserve and biodiversity in the project’s area of influence.



Pest Management (OP/BP 4.09)
Given support for waste management activities, the use of pesticides and rodenticides may be possible for control of pests and vermin at the landfill site. The ESIA for the environmental sanitation activities will include an assessment of pest management issues including if any pesticides would be procured with project funds. If so, the ESMP will include (i) recommendations for environmental methods of pest control, (ii) a negative list of products that are ineligible for purchase, (iii) measures for safe handling, use, and disposal of pesticides and rodenticides, and (iv) relevant training.
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