Environmental Issues in Transmission Lines

ENVIRONMENTAL ISSUES IN TRANSMISSION LINE PROJECTS

Presented byJoseph Ogwal

Senior Environment Officer

ogwal, J.J SPO(EA) UETCL 2

The background

WHAT IS ENVIRONMENT?????


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.


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.


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.


How we determine impacts

• Strategic Environmental Assessments• • Environmental Impact Assessment

• Social Impact Assessments

• Health Impact Assessment


Outcomes

• SEA: PROGRAM IMPACT (Sustainability/ compatibility)

• EIA: REPORT, EMP• SIA: REPORT, RAP


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.


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.


The legal basis for ESIA under Environmental law

The precautionary principle 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.

• 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 it’s a precondition for development financing, issuance of approvals and certification.


Legal issues

International• Equator principles• World Bank OP/BP• JICA regulations• etc

Uganda• NEA Cap 153• EIA regulations• Land Act , etc


Why then, conduct ESIAEIA is applied to ensure that environmental requirements are applied in the project cycle-

Conception,

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


Categories of projects for ESIAProjects for which EIA are Mandatory in Uganda

In Annex 2 of the EIA guidelines, the following projects require EIA;

• Urban developments • Transportation• Dams, rivers, and water

resources• Aerial spraying• Mining• Electrical infrastructure

(generation, transmission lines, substations, etc)

World bank / JICACategory A, B, C depending

on level of impact.

Transmissions line projects fall in “Category A” projects, for which detailed ESIA and RAP must be applied


Basic ESIA procedure in Uganda1. Developer submits a project brief to NEMA (and Lead Agency)

2. 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

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


Why EIA / RAP for Transmission lines

1. To fulfill UETCL Corporate Policy

• 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

2. To comply with national and international Regulatory requirements • Lenders (JICA, World bank,

IFC)• NEMA• Local partners• Advocacy groups


Resettlement Action Plan (RAP) studies

What is a RAP? It’s 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


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,


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


RAP implementation • 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


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.


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

doc’s)• Monitor implementation of approval conditions• Regulate • Reporting (internal / bank)


Thank you

THE END


World Bank OPOP/BP 4.01Environmental Assesement • To ensure environmental assesement of projects proposed for Bank funding to help ensure they are environmentally sound and sustainableOP/BP 4.04Natural Habitats • To ensure environmnetally sound development by supporting protection, conservation,maintenance and rehabiitation of natural habitats and their functions OP/BP 4.09Pest Managment • To minimize and manage environmental damage and helath risk associted with; pesticide use and effective pest managementOP/BP 4.10Indigneuos 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 4.11Physcial 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 4.12Involuntary 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 4.36Forests • 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 7.60Projects 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.

Environmental Issues in Transmission Lines

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