Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized RP156 Volume 2 Resettlement Action Plan of Environment Improvement Projects of Dongqianhu Lake in Ningbo City (The 5th Edition) Ningbo Urban Infrastructure Developing Office May,2003
Abbreviations APs VC NUCEPPO NUIPLG NUIPO NUIDRO NLAB NDCAB NDNLPB DPO DHDAO BCMDI TLAO NRCR M&E PRC Affected persons Villager's committee Ningbo Urban Construction and Environment Protection Project Office Ningbo Urban Infrastructure Project Leading Group Ningbo Urban Infrastructure Project Office Ningbo Urban Infrastructure Demolition and Resettlement Office Ningbo Municipal Land Administration Bureau Ningbo Dongqianhu Construction Administration Bureau Ningbo Dongqianhu National Land Planring Bureau Dongqianhu Project Office Dongqianhu House Demnolition Administration Office Beijing Colored Metallurgy Design Institution Town Land Administration Office National Research Center for Resettlement Monitoring and Evaluation People's Republic of China
Objectives of the RAP and the Definition of Resettlement Terminology Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, and Zhejiang Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OP 4.12). The purpose of this document is to set out an Action plan for the Project Affected Persons (PAPs) in Resettlement and Rehabilitation to assure them of benefit and better living conditions or the restored living conditions at least after the projection. Requisition of land and other assets in the project will adversely affect the livelihood of persons who live, work or earn their living on the land. PAPs are defined as those whose production or livelihood are adversely affected by land requisition, which includes: a) Those whose lands (premise, lands for public facilities, agriculture, forestry, fishery and side occupation), buildings (private houses and attachments, enterprises or public buildings), rights or other assets acquired or possessed fully or partly, permanently or temporarily; b) Those who use the land buildings or assets described above; or those whose business, occupation, living place or habits are adversely affected; c) Those whose living stantards are adversely affected as a consequence of land requisition. A definition of PAPs is given below: Definition of the PAPs: "Affected Persons" means persons who on account of the execution of the project had or would have their: a) living standard adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation, work or living place or habits adversely affected, PAPs may be individuals or legal persons such as a company, a public institution. 3
Definition of PAPs is not limited lto their legal registration or permission to live or conduct business in the affected location, or their title to property. Thus, it includes: a) All those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) Persons without residential permit to live in a certain area. Therefore all such persons who are affected will be considered and recorded as PAPs, regardless of their legal connection to assets land or location. If there are more than one person, family or household using or holding a title to the same land or property that is acquired they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impact on their living standards. The definition of PAPs is linked directly to the adverse effect of the project, regardless of legal rights title or interest. All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permissions to the assets. The term RESETTLEMENT includes: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are affected; c) restoration (or compensation) of affected productive resources such as land, workplaces, trees and infrastructure; d) restoration of other adverse effect on PAPs' living standards (quality of life) through land requisition (such as the adverse effects of pollution); e) restoration of or compensation for affected private and public enterprises; and f) restoration of adversely affected on cultural or common property. Rehabilitation means: the restoration of the PAPs' resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. 4
The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels. To achieve these objectives the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public property, infrastructure and cultural property will also be improved or at least restored to their pre-project levels. 5
Contents 1 Introduction... 1 1.1 BRIEF DESCRIPTION OF PROJECT. 1 1.2 AREAS AFFECTED AND BENEFIT BY THE POJECT. 3 1.3 THE SOCIAL ECONOMIC STATUS OF PROJECT AREA. 4 1.4 DESIGN STAGE. 5 1.5 FINANCIAL SOURCES. 6 1.6 MEASURES FOR REDUCING PROJECT IMPACTS. 6 2 Project Impacts.. 8 2.1 PERMANENT LAND ACQISITION AND TEMPORARY LAND OCCUPATION. 8 2.2 HOUSE DEMOLITION. 9 2.3 ENTERPRISE AND INSTITUTION DEMOLITION.10 2.4 AFFECTED PERSONS.3 2.5 AFFECTED VULNERABLE GROUPS.13 2.6 AFFECTED GROUND ATTACHMENTS.13 3 Socioeconomic Sample Survey on Affected Person and Enterprise... 15 3.1 AFFECTED RESIDENTS... 15 3.2 AFFECTED ENTERPRISES AND INSTITUTIONS...... 18 4 Legal Framework... 20 4.1 LEGAL BACKGROUND... 20 4.2 RELATIVE CLAUSE.......... 21 6
4.3 RESETTLEMENT POLICIES OF THE PROJECT...... 35 5 Compensation Rate..... 42 5.1 HOUSE DEMOLITION.42 5.2 ENTERPRISES AND INSTITUTIONS DEMOLITION.43 5.3 COLLECTIVE-OWNED LAND REQUISITION.43 5.4 TEMPORARY LAND OCCUPATION.44 5.5 GROUND ATTACHMENTS.45 6 Resettlement Measures... 46 6.1 PRINCIPLES.46 6.2 RESETTLEMENT FOR HOUSE DEMOLITION.46 6.3 RESETTLEMENT FOR COLLECTIVE HOUSE DEMOLITION.49 6.4 RESETTLEMENT FOR LAND REQUISITION.52 6.5 RESETTLEMENT FOR TEMPORY LAND OCCUPATION.55 6.6 REHABILITATION FOR AFFECTED VULNERABLE GROUP.56 6.7 RESTORATION FOR AFFECTED INFRASTRUCTURE AND GROUP ATTACHMENTS. 56 6.8 INTEGRATION WITH HOST RESIDENTS.57 7 Public Participation... 58 7.1 PARTICIPATION STRATEGY... 58 7.2 PUBLIC OPINION SURVEY... 61 8 Procedures of Appealing... 64 9 Organizations... 66 9.1 IMPLEMENTATION ORGANIZATIONS... 66 9.2 ORGANIZATIONAL CHART... 69-7
9.3 ORGANIZATIONAL CAPACITY... 70 9.4 RESPONSIBILITIES OF INSTITUTIONS... 72 9.5 MEASURES FOR STRENGTHING INSTITUTION CAPACITY... 80 10 Schedule of Implementation...... 82 10.1 RESETTLEMENT AND IMPLEMENTATION OF THE PROJECT...... 82 10.2 IMPLEMENTATION SCHEDULE OF RESETTLEMENT...... 82 11 Cost and Budget... 85 11.1 COST... 85 11.2 ANNUAL INVESTMENT PLAN... 86 11.3 FINACIAL RESOURCE... _ 87 11.4 CASH FLOW... 87 12 Monitoring and Evaluation... 89 12.1 INTERNAL MONITORING AND SUPERVISION... 90 12.2 EXTERNAL INDEPENDENT MONITORING INSTITUTION...... 92 12.3 MONITORING INDICATORS... 95 12.4 Ex-POST EVALUATION...... 95 13 Entitlement Matrix... 97 14 Appendix I Outline of Independent Monitoring andi Evaluation on Resettlement... 99 8
1 Introduction 1.1 Brief Description of Project Environmental improvement works of Dongqianhu is one of the comprehensive environment improvement works of Ningbo. Successful implementation of this project will be sure to improve the water quality and increase water supply volume for industry and agriculture so as to change the present situation greatly and improve the living conditions of residents in the service area, and the improvement of the environment quality can enhance the tourist value of this area, and in turn can attract more investment from outside.the project will promote the development of the second and tertiary industries (especially the tertiary industry ) and it not only play an important role in economic booming of the city and the province but also in the ecological environment protection of the area. 1.1.1 Project Components Dongqianhu works include 2 sub-projects: A. Road works around the lake,and B. Sewage intercept construction works. 1.1.2 Basic Conditions A Roads works around the lake Dongqianhu Lake is about 15km from Ningbo City, it is the only place with mountains and rivers for tourism and relaxation. There is a national highway from Ningbo to Fenghuashiyan passing by Dongqianhu Lake, but for
the lake area, there are only some rough country roads available. In order to support the implementation of the dredging and sewage intercept works, it is planned to build a new highway around the lake. The highway is designed to be part A, B, C and part A and C are new road with length 15.3km; part B is reconstructed road and the total length is 18.1km. Along the highway 47 culverts will be constructed or reconstructed. B Sewage intercept and improvement works around the lake Project includs the lay of trunk sewer vbith length 40.8KM (diameter 150mm-700mm and the build of 9 pump stations. According to the characteristics of sewage discharging in different places along the bank of Dongqianhu lake, the sewage intercept conduit in this project consists of four branches, i.e. branch from Mashancun to Hutangcun along the south and west banks of the lake to be equipped with two sewage pump stations (Xiangkan pump station and Guojiachi pump station); branch from Shangshuicun along the dike to Hutangcun along the east bank of the lake to be equipped with one sewage pump station (XiaoputLuo sewage pump station); branch from Miaonongcun to Zhengaicun along the north bank of the lake to be equipped with one sewage pump station (Dongqiaihu Hotel sewage pump station), and branch from Xiashuicun along the sew/age collecting dam to Gaoqiancun to be equipped with two sewage pump stations (Shanghongqiao sewage pump station and Gaoqiancun sewage pump station). Additionally, two sewage pump stations at Hutang and Zhengai separately will be built along the sewage intercept conduit, and Honglincun pressure sewage pump station will be built at the terminal of sewage intercept conduit. 2
1.2 Areas Affected and Benefit by the Project 1.2.1 Benefit Area Dongqianhu Lake is located at southeast of Yinxian County, which is 15km from Ningbo since 19th Apri 2002, it has been named Yinzhou District and been merged into urban area. Benefirt area in this project is Ningbo City and Yinxian County. Not only is Dongqianhu Lake the main water source of irrigation and water supply for Yinxian County and Ningbo, the main fresh water fish producer and famous scenery and tourist attraction in eastern Zhejiang Province, it is also a key water way for the towns and villages in the southeast of Yinxian County and Ningbo City, which accounts in socioeconomic development and living environment promotion. 1.2.2 Affected Area Land requisition and demolition induced by the project involves 12 villages in Dongqianhu Lake Town and 3 villages in Yunlong Town of Yinxian County. Totalled 1573 persons will be affected. 90.54mu collective-owned land is permanent acquisited (paddy field is 58.73mu). Temporary land occupation is 35mu.30 peasant households, 95 people are affected and 55 of them are labors. 114 houses are demolished, affected population is 325 and total acreage is 10578m 2. 26 enterprises and institutions are demolished and total acreage is 19654m 2, affected employees are 1153. Affected ground attachments are 9 types. 3
1.3 The Social Economic Status of Project Area The Dongqianhu Lake is located in Dongqianhu Town, about 15km from Ningbo. This town, with a total acreage of 134km 2, has a jurisdiction over 40 administrative villages and residents committees with a population of near 40,000. Now the cultivated land acreage is 27892mu. It abounds in rice, tea, various kinds of fruits and high-quality fresh water fishes, so it is always called "A land of fish and rice". In 2000, the gross industrial output value of the whole town was 1.8 billion yuan, growing by 20%; the gross agricultural output value was 115 million yuan, growing by 5%/c. and the income from the tertiary industry was 120 million yuan, growing by 20%; the per capita GDP hit 30,000 yuan. The Dongqianhu Lake is a famous scenic spot for tourist. Around the lake there are more than 70 scenic sports and historic sites as well as 100-odd ancient stone inscriptions, such as Butuodorigtian Grotto of Southern Song Dynasty, Zongying Temple for commemorating Wang Anshi, Yueewang Temple for commemorating Yue Fei and "Sha Menghai Calligraphy Academy" where treasured scrolls of calligraphy of Sha Menghai, a calligraphy giant of China today, are collected. There are still a lot of scenic spots and tourist places under development. The Dongqianhu Lake is also called "A Village or Town of Overseas Chinese", inhabited by near 500 households of relatives of 1200-odd overseas compatriots distributed in more than 20 countries and regions, such as America, Japan, Canada, Hong kong, Macao, Taiwan and Southeast Asia. The town has convenient water and land transportation facilities. From the east to west, the Yinxian Avenue completed recertly passes by the north of the town proper; from the north to south, No.71 National Highway passes through the town center. The Yinxian Avenue and No. 71 National Highway are the primary and the secondary development axes respectively in Yinxian 4
County planning. The Dongqianhu Town is developed in inner river transport, completed in telecommunication facilities and advantageous in geographic location. The basic social and economic status is shown in Table 1-1. Table1.1 Basic Social and Economic Status in 2001 Project Title Unit Yinxian Dongqianhu County Town 1 Population (1) Total Households Ten thousand 27.49 1.7973 households (2) Total Population Ten thousand 72.16 4.4991 population (3) Average person of household person 2.625 2.5 (4) Average living space of househoid M 52.6 91.3 Including: Ten thousand 60.99 3.0594 Agricultural Population population Fishery Population person 1431 Population Accrual Rate %. 0.7-1.11 2 Land Acreage Kmr 1527 134 Including: Cultivated land kha 35.043 1.7636 Woodland kha 6.08667 3 GDP hundred million 153.8821 6.3237 yuan (1) First Industry hundred million 11.5645 0.7473 yuan (2) Second Industry hundred million 107.2818 4.1938 yuan (3) Tertiary Industry hundred million 35.0358 1.3826 yuan 4 Industry and Agriculture Gross Production hundred million 263.8234 26.3336 yuan Including Agriculture hundred million 16.859 1.2409 yuan Industry hundred million 246.9644 25.0927 yuan 5 GDP per capita yuan 21300 14055 6 Peasant Net Income per capita yuan 5528 1 1.4 Design Stage Beijing Central Engineering and Eesearch Institute for Non-ferrous Metallurgical Industries (ENFI) Conducted Pre-Feasibility Study Report in 1998 and in Mar 2000 Pre-Feasibility Study Report of Environment Improvement Works of Dongqianhu Lake of Ningbo City has been finished. Feasibility Study Report have been drafted in Jan 2002. Consigned by NBIDO, Ningbo Environmental Science Research & Design Institute finished the environment protection design and Evaluation 5
Report of Environment Impact Ningbo Urban Industry Pollution Control Plan at the end of April 2002. 1.5 Financial Sources This project is urban infrastructure construction project. NPG is in charge of the investment and construction. Construction funds include domestic supporting funds and World Bank Loan. Total investment is about RMB699.0385 million, among which, the construction fee of dredging program (including Road works around the lake) is RMAB608.1136 million and construction fee of Sewage intercept constriuctioni works is RMB90.9249 million. US$40.4262 million, equal to RM1B335.1332 million, needs to be loaned from World Bank. 1.6 Measures for Reducing Project Impacts During the plan & design of the project, the De!sign Unit and the Project Owner have adopted some effective measures to reduce project impact on local social economy. The main measures are shown as below. A. In the project planning stage, they take project impact on the local social economy into consideration and put it the key factor in choosing the scheme; B. Lay sewers under the ground of the urban roads and tries to avoid house demolition; C. The sewage improvement works will be set up near the outlet of tail water far from residential area and the plant area will be adopted design of garden; 6
D. Optimize design and make reasonable layout to reduce housing demolition. E. To lay sewers and construct road together to reduce uncessary land requisition because of repeating construction. F. For Road works around the lake, Yinxuelin secssion, programs like tunnel, directlly passing from village and bypassing the mountain are compared and the third program is finally decided for its lowest construction cost and demolition. -7
2 Project Impacts From August to Sptember 2002, Project C)ffice organized special survey team to conduct overall survey on the affected material indicators. By house to house survey, all representatives participated in the work. Survey team also listened to VC and representatives' opinions on dernolition and rehabilitation and negotiated with them. Overall and participatory survey laid a foundation for the establishment of RAP. Dongqianhu Lake locates at southeast of Jinxian County, Ningbo city, is 10km far away from jingdong district of Ningbo city. Land requisition and demolition induced by the project involves 12 villages in Dongqianhu Lake Town and 3 villages in Yunlong Town of Yinxian County. Amount of 1573 persons will be affected. 90.54mu collective-owned land is permanent acquisited (paddy field is 58.73mu). Temporary lancl occupation is 35mu.30 peasant households, 95 people are affected and 55 of them are labors. 114 houses are demolished, affected population is 325 and total acreage is 10578m 2. 26 enterprises and institutions are, dennolished and total acreage is 19654m 2, affected employees are 1153. Affected ground attachments are 9 types. 2.1 Permanent Land Acqisition and Temporary Land Occupation Land requisition and demolition induced by the project involves 12 villages in Dongqianhu Lake Town and 3 villages in Yunlong Town of Yinxian County. 90.54mu collective-owned land is permanent acquisited (paddy field is 8
58.73mu). 30 households, 95 people are affected and 55 of them are labors Temporary land occupation is 35mu. Details can be seen in Table 2-1. Table2-1 Permanent Land Requisition Unit:mu Town and village involved Land Requisition Quantity(mu) Paddy Dry Orchard Tea plantation Nursery of young plants Total field field Shangshui in 2.50 3.15 5.65 Dongqianhu Town Mashan 9.36 2.10 0.78 12.24 Hanling 8.46 8.46 Xiangkan 3.45 3.45 Chating 0.90 1.62 2.52 Guojiazhi 0.15 2.78 2.93 Zhenzhengai 1.99 1.99 Qianyantou 9.07 9.07 Meihu 12.35. 12.35 Xiashui 1.80 6.78 8.58 Honglin 1.65 1.65 Gaoqian Viilage 0.90 0.90 Dun'ao in Yunlong 9.28 9.28 Town Yuanchan 9.51. Qianxu 1.97 total 58.73 4.80 9.93 0.78 16.31 90.54 2.2 House Demolition In this project 114 houses are demolished, affected population is 325 and total acreage is 10578m 2. Brick-Concrete is 8290m 2, Brick-Timber is 2034m 2, and Simple structure is 254m 2. 25 households in 114, total 73 persons only need to demolish some simply structure houses and enclosures and lawns, who don't need to moved and be resettled. Besides, demolition affects some house attachments. See 2-2 for details. Among the demolished households, 90% households' house area is more than 45m 2 and only 11 households' house area is less than 45m 2, the smallest resettlement house modle. See Table 2-3 Table2-2 Affected Houses and House Attachments Item Construction area of Brick-concrete Unit MP Quantity 8290 demolished houses Brick-timber M 2034 9