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Energy – Bosnia and Herzegovina WB5-BIH-ENE-05

Wind Farm Poklečani

Feasibility Study

Environmental and Social

Impact Assessment

Resettlement Action Plan (RAP)

September 2013

i Wind Farm Poklečani Feasibility Study Resettlement Action Plan

WB5-BIH-ENE-05 WYG International Ltd September 2013

Control Sheet

Client: European Commission

Contracting Party:

Javno poduzeće „Elektroprivreda Hrvatske zajednice Herceg-Bosne“ d.d. Mostar Mile Budaka 106 A 88 000 Mostar, BiH Tel.:+387 36 335 700 Fax.: +387 36 335 777 E-mail: [email protected] Web: http://www.ephzhb.ba

Project Title: Wind Farm Poklečani Feasibility Study

Document Title: Resettlement Action Plan

Project manager: Internal control: Director:

Name and surname, title

Dr Irem Silajdžić, B.Sc.Envtl.Eng.

M.Sc Dragana Selmanagić, B.Sc.C.E.

Prof. dr. Tarik Kupusović, B.Sc.C.E.

DATE SIGNATURE SIGNATURE SIGNATURE

02.09.2013

ii Wind Farm Poklečani Feasibility Study Resettlement Action Plan


General Data Consultant: Hydro-Engineering Institute Sarajevo

Stjepana Tomića 1 71000 Sarajevo Bosnia and Herzegovina tel: + 387 33 212 466/7 fax: + 387 33 207 949 E-mail: [email protected] Web: http://www.heis.com.ba

Project team:

Dr Irem Silajdžić, B.Sc.Envtl.Eng. Anel Hrnjić, BA in Economics, BA in English Language and Literature

iii Wind Farm Poklečani Feasibility Study Resettlement Action Plan


Table of Contents

1. Introduction ............................................................................................................ 1

1.1. Project Summary .............................................................................................. 1

1.2. Scope and Objectives of the RAP ..................................................................... 2

2. Legal Framework ................................................................................................... 3

2.1. Expropriation Law of FBiH ................................................................................ 3

2.2. EIB’s Applicable Policy ..................................................................................... 4

2.3. Gap Analysis..................................................................................................... 4

3. Project Affected Persons (PAPs) .......................................................................... 6

4. Key Principles and Expropriation Issues ........................................................... 18

4.1. Key Principles ................................................................................................. 18

4.2. Entitlement matrix ........................................................................................... 18

4.3. Methods of Evaluation of Assets ..................................................................... 21

4.3.1. Land .......................................................................................................... 21

4.3.2. Crops ......................................................................................................... 21

4.3.3. Other assets .............................................................................................. 22

5. Public Disclosure and Consultation Process .................................................... 23

6. Grievance Management Mechanism ................................................................... 24

7. Roles and Responsibilities .................................................................................. 26

8. Monitoring and Evaluation .................................................................................. 27

Annex 1 ........................................................................................................ 28 Public Grievance Form ................................................................................. 28

iv Wind Farm Poklečani Feasibility Study Resettlement Action Plan


Abbreviations

B&H Bosnia and Herzegovina

C.M. Cadastre municipality

C.U. Cadastre unit

EIB European Investment Bank

EP HZHB Javno poduzeće “Elektroprivreda Hrvatske zajednice Herceg-Bosne” d.d. Mostar

FB&H Federation of Bosnia and Herzegovina

MZ Mjesna Zajednica (eng. Local Community)

NGO Non-governmental Organization

RAP Resettlement Action Plan

WF Wind farm

Wind Farm Poklečani Feasibility Study Resettlement Action Plan


1

1. INTRODUCTION

1.1. Project Summary

The proposed WF will be located in the north part of the Posušje Municipality stretching in the basic direction of northwest – southeast covering cca 14,206,932.00 m2 of the Štitar Mountain, northeast from the Rakitno settlement. On the 24th of January 2013, during its 45th Session, the Government of the West Herzegovina Canton has issued the Decision on Concession Permit for the public enterprise EPHZHB from Mostar for the use of wind energy for the purpose of construction and operation of the wind power plant on the location of Poklečani in the Posušje Municipality. Meteotest was mandated by WYG International to carry out the wind assessment for the wind farm project Poklečani. EPZHB provided Meteotest with a wind farm layout consisting of 36 wind turbines and an average distance between the turbines of 300 to 400 m. Some of the wind turbines were located in the forest. In order to avoid forest disturbance and to optimise the distance between the wind turbines, an alternative layout was established by the consultants of WYG International and finalised during the site visits on April 24th and 25th, 2013. This new layout consists of 36 wind turbines of type I, class Enercon E82 3 MW (Figure 1).

Figure 1 WF Poklečani layout

The proposed wind power plant will consists of the following components:

• 36 wind turbines with towers of installed capacity of up to 108 MW; • turbine foundations; • crane pads adjacent to each wind turbine; • internal access roads; • electrical power station; • power cables linking the turbines to the proposed substation; • site access tracks; • borrow pits for the extraction of stone for the use in construction; and • temporary construction compounds.

2 Wind Farm Poklečani Feasibility Study Resettlement Action Plan


All 36 wind turbines are placed in the area of the Posušje Municipality (cadastral municipality of Poklečani, cadastral municipality of Konjsko-Bare). In the area of the cadastral municipality of Poklečani, there are 24 wind turbines (1-24), and the other 12 are located in the cadastral municipality of Konjsko-Bare (25-36). The land in this planned area of WF Poklečani is mainly public good and the planned locations for wind turbines, power station and access roads are mostly placed on the public land. The routes of the planned access roads as well as the wind turbine locations in some smaller parts cross the private land.

1.2. Scope and Objectives of the RAP

Resettlement Action Plan (RAP) has been prepared with an objective to set out the principles for addressing potential impacts of land acquisition within the project, in accordance with the Expropriation Law of FBiH and the EIB Environmental and Social Policy. The RAP will be subject to the revision based on the implementation experience, as needed. The principles outlined in this document are obligatory for both Elektroprivreda HZHB Mostar and the constructor to be selected for the wind farm construction.



2. LEGAL FRAMEWORK

2.1. Expropriation Law of FBiH

In FBiH, land acquisition has been regulated by the Expropriation Law of FBiH (Official Gazette of FBiH, 70/07, 36/10 and 25/12). Major provisions of the Expropriation Law are the following: • Real property can only be expropriated if public interest has been identified

for projects producing a greater public benefit. Typical public interest activities include the construction roads, construction of commercial, municipal or health structures, educational, cultural, administration, defence or other structures of public interest (Articles 3 and 5).

• Expropriation can be conducted for the needs of the Federation of BiH, cantons, cities, municipalities, public enterprises and public institutions, unless specified differently by the Law (Article 6).

• Expropriation Law explicitly supports an amicable sale-purchase agreement regarding the acquisition of ownership rights of a real property (Article 23). If the parties are unable to reach an amicable agreement, the court competent over the interested territory decides on the compensation level (Articles 60 – 64).

• A general principle of the Expropriation Law is that compensation should be at market value (Article 12). Marked value isto be established based on the real property price in the expropriation area which can be determined at a market. This price depends on the buying and selling price in the moment of price agreement.

• The law defines in details how to establish a compensation for structures, orchards, forest land and trees, and agricultural, construction and urban land.

• According to the Law, compensation for expropriated real property can be determined by providing another equivalent real property (Article 45). However, if the owner of expropriated real property does not accept equivalent real property as compensation or if the expropriation beneficiary cannot provide such real property, cash compensation is applied.

• There is no compensation for illegally erected structures (Article 45). • Personal and family circumstances of the previous owner of expropriated real

property have been taken into consideration, as well as circumstances resulting in a negative economic effect, as a corrective measure for increasing established compensation level (Article 47).

• According to the Law, requirement for submitting expropriation proposal also includes a confirmation of ensured funds and confirmation of funds paid into bank corresponding to the level approximately required for the compensation of real property proposed for expropriation and for expropriations costs, or the confirmation of provided other equivalent real property (Article 24). The concluded agreement has to contain information on the compensation form and level and deadline for an expropriation beneficiary to fulfil their obligation in relation to compensation (Article 24).

• In the expropriation procedure, real property owners are entitled to compensation due to the loss of any benefit that might have been generated by the real property (Article 54).

• The law specifies the right of project affected people to submit complaints during various phases of the expropriation process, regarding administrative and legal complaints (Article 16), expropriation decisions (Article 30), compensation issues (Article 60).

• The affected owners are to be informed throughout entire expropriation process, i.e. whether expropriation proposal has been submitted (Article 25); before issuing expropriation decision, the responsible municipal management



is obliged to conduct legal hearing of the project affected persons on all the facts regarding expropriation (Article 27).

2.2. EIB’s Applicable Policy

The European Investment Bank applies the European Principles for the Environment. It requires that all its projects comply with EU environmental principles, standards and practices, if practical and feasible in some regions. In addition, it also requires all its projects to comply with the EU environmental Acquis, international conventions and agreements ratified by the EU, the EU social Acquis, as well as apply “best available techniques”, as appropriate, and good environmental management practices. As a result, key resettlement objectives have been summarized as follows: • Avoid or, at least minimise, project-induced displacement whenever feasible

by exploring alternative project designs; • Mitigate negative social impacts from asset loss and/or restrictions of land

use, (a) through the provision of appropriate compensation and/or livelihood opportunities regardless of the legality of existing land tenure arrangements, and (b) ensuring that resettlement measures are implemented with meaningful consultation and the informed participation of the affected people;

• Assist displaced persons to improve their living standards and improve, or at least to restore, their former livelihoods.

Furthermore, the EIB Environmental and Social Practices Handbook states that rates for the compensation of lost assets have to be at least equal to the full replacement cost of lost assets. Full replacement cost includes market value and all additional taxes and registration fees of project affected persons related to the entire expropriation process. The above mentioned Handbook also mentions procedures for establishing a system for resolution of conflicts and appeals. Known as grievance mechanism, this system has to be established in the very early phase of the expropriation process. As a result, it will be possible to register and resolve complaints regarding compensation and expropriation process raised by projects affected persons. In addition to the above mentioned principles, the EIB guidance notes on involuntary settlement also emphasize the importance to establish procedures for monitoring and evaluation of the RAP implementation and procedures for taking corrective measures as necessary. It is important during the early phases of implementation to review progress and make early corrections if necessary.

2.3. Gap Analysis

Key differences between the national legislation and the EIB principles in direct relation to this project are the following: • Compensation is to be established in accordance with the full replacement

cost, • Restoration of previous living standard and livelihood for illegal owners and

users, • Grievance management mechanism, • Monitoring.

Federal Law states that compensation is determined according to the current market value of expropriated real property. However, the EIB principles treat compensation in relation to the full replacement cost. Full replacement cost



comprises both current market value and additional costs including all expropriation process related taxes and registration fees. Since the federal Expropriation Law does not include the category of illegal owners and users, the EIB principles are to be applied. Therefore, Entitlement Matrix has a purpose to fill in these gaps in cases of illegal ownership of land and structures. According to the national Law, only formal (legal) owners are entitled to have their previous living standard and income from business activity restored. Along with the inclusion of illegal ownership, the EIB principles enable the same rights for this category of the project affected people as well. According to the federal Expropriation Law, there is no specific requirement for establishing an independent project specific grievance mechanism. The Law does foresee rights of affected citizens (those with formal legal rights) to appeal at many stages of the expropriation procedure, beginning with administrative and judicial appeals (i.e. against the Decision on Expropriation, regarding compensation). According to the EIB policy, the expropriation beneficiary is responsible for adequate monitoring and evaluation of the activities set forth in this RAP. However, there are no specific monitoring procedures prescribed by the national legislation. All authorities in charge of expropriation are implicitly responsible for the monitoring and implementation of the expropriation procedure and reporting to the supervising government body. Therefore, the expropriation beneficiary will develop a monitoring mechanism and ensure compliance with the EIB monitoring requirements.



3. PROJECT AFFECTED PERSONS (PAPS) In order to determine the area occupied by planned wind turbines and access roads to WP Poklečani, cadastre plans and copies of ownership sheets are overtaken from responsible Department for Geodesy and Property-Legal Affairs of Municipality Posušje. In order to simplify and speed up the procedure, database with necessary data on cadastre units is formed including the list of the bearers of the land use rights for wind turbines, as well as cultures, bonity class of the land, and the surface area of the cadastral units of land Cadastre plans are taken from the Federal Administration for Geodesy and Property-Legal and database of cadastre plans for the WF Poklečani area is created in order to determine the current land use. Land is mainly determined to be a public good and wind turbine locations are located on the public land, while access roads in smaller proportion cut the private land requiring to collect preliminary approval from the land owners for their construction. All 36 wind turbines are placed in the area of Posušje Municipality (cadastral offices of local communities Poklečani and Konjsko-Bare). In the area of the cadastral municipality Poklečani, there are 24 wind turbines (WT1 – WT24), and the other 12 wind turbines are located in the cadastral municipality of Konjsko-Bare (WT25 – WT36). The land is mainly uncultivated agricultural land of meadow type, class 3 to 5. It is important to emphasize that it was not possible to determine precisely the data on surface areas of cadastral units for the C.M. Konjsko-Bare. This cadastral municipality is officially still using old cadastral plans from Austria-Hungarian period. EPHZHB try to obtain plans from the responsible municipal department in order to identify cadastral units of new geodetic survey (still not officially in use) and compare them to the old survey. However, it was not possible to obtain exact data for all cadastral units from the responsible municipal department. The reason is that cadastral books of larger part of Municipality Posušje are mainly destroyed and for certain parcels it was not possible to determine correlation between the old and new survey. On the other hand, for some parcels, the still valid old Austria-Hungarian plans do not exist. This problem will have to be solved during the expropriation process. Therefore, for certain parcels in C.M Konjsko-Bare that do not exist in Austria-Hungarian plans, the new cadastral survey data are used although still not adopted as official. For practical reasons and better overview, locations of WTs with turbines are treated separately from WTs with foundations and platforms for cranes. The WTs with foundations and platforms for cranes will be subject to expropriation. List of bearers of land ownership rights for WT with foundation is given in Table 1. List of bearers of land ownership rights for WTs with foundation and platforms for cranes is given in Table 2 List of bearers of land ownership rights for PS 220/20 (35) kV is given in Table 3. List of bearers of land ownership rights for supply and access roads is given in table 4 for row and row 2. From Table 1 it can be seen that of 36 WTs, 6 WTs with foundations (WT 12; 13; 15; 25; 26; 27) is found on the private land while other 30 WTs is on the land owned by Šumska uprava Posušje (k.č. 100, k.o. Poklečani i k.č. 3565=3896/1 K.O. Konjsko-Bare). 21 WTs is found on C.U. 100 of C.M. Poklečani while



remaining 9 WTS (WT 28- WT 36) i located on C.U. 3565=3896/1of C.M. Konjsko-Bare. It is worth to mention again that this table is given for practical reasons and that expropriation will be carried out for the land occupied by WTs with foundation and platforms for cranes, as given in Table 2. From Table 2 it can be also seen that of 36 WTs with foundations and platforms for cranes that will be subject to expropriation, 11 WTs (WT 10; 12; 13; 15; 16; 17; 18; 25; 26; 27) are found on the fully or partially owned private land while other 25 WTs are on the land owned by Šumska uprava Posušje (C.U. 100, C.M. Poklečani and C.U. 3565=3896/1 K.O. Konjsko-Bare). 21 WTs is found on C.U. 100 of C.M. Poklečani while remaining 9 WTS (WT 28- WT 36) is located on C.U. 3565=3896/1of C.M. Konjsko-Bare. Land is mainly uncultivated agricultural land, classified as meadow of class 3-5. The planned location of the power station is placed in the Posušje Municipality and cadastral municipality of Poklečani, also on the agricultural land, classified as meadow of class 5. Detailed data of the cadastral unit is given in Table 3. The supply roads and the access roads are positioned mostly in cadastral municipalities of Poklečani and Konjsko-Bare, while only small part of the supply road enters the cadastral of the Municipality of Vrpolje. The list of bearers of land use right for roads for both rows is i given in Table 4, It can be seen that supply and access roads for row 1 cuts 19 cadastral units in private ownership and 2 cadastral units owned by D.S. Šumska uprava Posušje. The supply and access roads for row 2 cuts 7 cadastral units in private ownership and 2 cadastral units owned by D.S. Šumska uprava Posušje. Land is mainly uncultivated agricultural land, classified as meadow of class 3-5. .

Farm Poklečani Feasibility Study Resettlement Action Plan

WB5-BIH-ENE-05 WYG International Ltd September

Table 1: List of the bearers of the land use rights for wind turbines with foundations

Code Owner. sheet no.

C.U. C.M. Bearer / Land Portion Place Name of the Plot

Culture Class

VT1 100 100 POKLEČANI D.S. Šumska uprava Posušje (1/1) Posušje Bijeli Brijeg Meadow 5











VT12 343 1382 POKLEČANI Stojan Rajić (Šimuna) (1/1) Poklečani Voznik Meadow 3

VT13 376 1378 POKLEČANI Romić Iva, r. Rezo, ud. Stipe (1/1) Poklečani 586

Predenjak Meadow 3


VT15 144 705 POKLEČANI Ivanković (Stjepana) Zdravko (1/1) Poklečani Birđuše Meadow 3










VT25* 3120* KONJSKO- Private land Meadow





Culture Class

BARE

VT26* 16 3118*

KONJSKO-BARE

Bonić (Joze) Stojan (1/2) i Bonić (Ivana) Anđa (1/2) Posušje Bijeli Brijeg

Meadow

VT27* 105 3114* KONJSKO-

BARE Crnjac Anđa (1/1) Meadow

VT28 777 3565=3896/1

KONJSKO-BARE

D.S. Šumska uprava Posušje (1/1) Posušje Bijeli Brijeg Meadow 5

VT29 777 3565=3896/1

KONJSKO-BARE


VT30 777 3565=3896/1

KONJSKO-BARE


VT31 777 3565=3896/1

KONJSKO-BARE


VT32 777 3565=3896/1

KONJSKO-BARE


VT33 777 3565=3896/1

KONJSKO-BARE


VT34 777 3565=3896/1

KONJSKO-BARE


VT35 777 3565=3896/1

KONJSKO-BARE


VT36 777 3565=3896/1

KONJSKO-BARE


*The officially used cadastre date from the Austria-Hungarian period however contains no official information for C.M. Konjsko Bare. Thus, the data used are taken from the new cadastre survey which is still not officially in use.



Table 2: List of the bearers of the land use rights for wind turbines with foundations and platform for cranes

Code Owner. sheet

no.


Culture Class Area (m

100 100 Poklečani D.S. Šumska uprava Posušje (1/1) Posušje Bijeli Brijeg Meadow 5 7.442.987









VT10 100 100 Poklečani D.S. Šumska uprava Posušje (1/1) Posušje Bijeli Brijeg Meadow 5 7.442.987

383 1395 Poklečani Romić (Ante) Šimun (1/1) Poklečani 589 Stara Ograda Meadow 3 24.761

383 1396 Poklečani Romić (Ante) Šimun (1/1) Poklečani 589 Stara Ograda Forest 3 3.462


VT12 343 1382 Poklečani Rajić (Šimuna) Stojan (1/1) Poklečani Voznik Meadow 3 17.836

VT13 376 1378 Poklečani Romić Iva r.Rezo ud.Stipe (1/1) Poklečani 586 Predenjak Meadow 3 20.121


VT15 144 705 Poklečani Ivanković (Stjepana) Zdravko (1/1) Poklečani Birđuše Meadow 3 25.238

VT16 100 100 Poklečani D.S. Šumska uprava Posušje (1/1) Posušje Bijeli Brijeg Meadow 5 7.442.98781 710 Poklečani Ćurdo (Tome) Mirko (1/2) Poklečani 603 Biržuća Meadow 3 6.620

Ivanković (Ivana) Stjepan (1/2) Poklečani


122 681 Poklečani Ivanković (Joze) Dana (1/2) Poklečani Seline Meadow 6 11.565

Ivanković (Joze) Iva (1/2) Poklečani



Code Owner. sheet

no.




76 674 Poklečani Ćurdo (Krešimira) Darko (13/24) Poklečani Seline Meadow 4 9.470

Rotim (Krešimira) Ljubica r. Ćurdo (11/24)

Poklečani

76 676/1 Poklečani Ćurdo (Krešimira) Darko (13/24) Poklečani Seline Meadow 5 13.858

Rotim (Krešimira) Ljubica r. Ćurdo (11/24)

Poklečani


80 4059 Poklečani Ćurdo Tome Mirko (1/1) Poklečani 603 Ciganski grob Meadow 3 730






VT25 3120* Konjsko-Bare

Private land Meadow 5

3091* Konjsko-Bare


16 3119* Konjsko-Bare

Bonić (Joze) Stojan (1/2) i Bonić (Ivana) Anđa (1/2)

Posušje Bijeli Brijeg Meadow 5

3092* Konjsko-Bare


VT26 16 3118* Konjsko-Bare

Bonić (Joze) Stojan (1/2) i Bonić (Ivana) Anđa (1/2)


11 3116* Konjsko-Bare

Bonić (Frane) Mato (1/2) i Bonić (Miška) Stoja (1/2)


3095* Konjsko-Bare


3096* Konjsko-Bare


VT27 105 3114* Konjsko-Bare

Crnjac Anđa (1/1) Posušje Bijeli Brijeg Meadow 5



Code Owner. sheet

no.



3105* Konjsko-Bare


VT28 777 3565=3896/1

Konjsko-Bare


VT29 777 3565=3896/1

Konjsko-Bare


30 777 3565=3896/1

Konjsko-Bare


VT31 777 3565=3896/1

Konjsko-Bare


VT32 777 3565=3896/1

Konjsko-Bare


VT33 777 3565=3896/1

Konjsko-Bare


VT34 777 3565=3896/1

Konjsko-Bare


VT35 777 3565=3896/1

Konjsko-Bare


VT36 777 3565=3896/1

Konjsko-Bare


* The officially used cadastre date from the Austria-Hungarian period however contains no official information for C.M. Konjsko Bare. Thus, the data used are taken from the new cadastre survey which is still not officially in use.

Table 3: List of the bearers of the land use rights for PS 220/20

Code C.U. C.M. Bearer/Land Portion Name of the Plot Culture Class Area (m2)

TS 220/20(35) 100 Poklečani D.S. Šumska uprava Posušje (1/1) Bijeli Brijeg Meadow 5 7,442,987



Table 4: List of the bearers of the land use rights for supply and access roads




Row 1 100 100 Poklečani D.S. Šumska uprava Posušje (1/1)

Posušje Bijeli Brijeg

Meadow 5 7.442.987

263 157 Poklečani Bagarić (Mirka) Iva r. Miličević (7/20)

Mesihovina Pod Oberom

Meadow 3 2.791

Poklečani Jakovljević (Ante) Ruža r. Miličević (1/8)

Vrpolje

Poklečani Miličević (Ante) Iva (1/8) Poklečani Poklečani Miličević Iva Ud. Mirka (2/5) Poklečani

263 158 Poklečani Bagarić (Mirka) Iva r. Miličević (7/20)

Mesihovina Pod Oberom

Meadow 3 4.151

Poklečani Jakovljević (Ante) Ruža r. Miličević (1/8)

Vrpolje

Poklečani Miličević (Ante) Iva (1/8) Poklečani Poklečani Miličević Iva Ud. Mirka (2/5) Poklečani

273 1904 Poklečani Miličević (Blage) Ante (6/16) Poklečani Prosina Meadow 4 5.383

Miličević (Blagoje) Ivan (1/16) Poklečani

Miličević (Blagoje) Tomo (1/16)

Nürnberg

Miličević (Vladimira) Šimun (1/2)

Poklečani

280 1319 Poklečani Antunov (Andrije) Veselka r. Sabljo (3/144)

Australia Pograni Dolac

Meadow 4 3.216

Drinovac (Andrije) Slava r. Sabljo (3/144)

Germany

Mihalj (Stojana) Branko (3/144)

Poklečani

Sabljo (Andrije) Branko "Barić" (3/144)

Australia

Sabljo (Andrije) Iva (16/144) Čepin Sabljo (Andrije) Jure (16/144) Čepin

Sabljo (Andrije) Lucija (16/144)

Čepin

Sabljo (Andrije) Stipe Čepin






(16/144)

Sabljo Kata ud. Slavka (16/144)

Poklečani

Sabljo (Marka) Ivica - kći (1/84)

Poklečani

Sabljo (Marka) Stjepan (1/28) Poklečani

Sabljo (Marka) Zvonko (1/28) Poklečani

Sabljo (Marka) Zvonko (24/144)

Poklečani

Starčević Andrije Biserak r. Sabljo (16/144)

Čepin

280 1321 Poklečani Antunov (Andrije) Veselka r. Sabljo (3/144)

Australia Pograni Dolac

Forest 4 5.120

Drinovac (Andrije) Slava r. Sabljo (3/144)

Germany

Mihalj (Stojana) Branko (3/144)

Poklečani

Sabljo (Andrije) Branko "Barić" (3/144)

Australia

Sabljo (Andrije) Iva (16/144) Čepin

Sabljo (Andrije) Jure (16/144) Čepin

Sabljo (Andrije) Lucija (16/144)

Čepin

Sabljo (Andrije) Stipe (16/144)

Čepin

Sabljo Kata ud. Slavka (16/144)

Poklečani

Sabljo (Marka) Ivica - kći (1/84)

Poklečani



Sabljo (Marka) Zvonko (24/144)

Poklečani

Starčević Andrije Biserak r. Sabljo (16/144)

Čepin






468 1397 Poklečani Sabljo (Miše) Miroslav (5/42) Unteres Ziel 11-9050, Appenzell

Switzerland

Rupa Forest 4 3.162

Sabljo (Miše) Vinko (16/42) Poklečani Rupa Meadow 4 180

Sabljo Vinka ud. Mate (1/2) Poklečani

402 1405 Poklečani Sabljo (Marka) Ivica - kći (1/7)

Poklečani Vrta u Rupi

Arable land

5 310



383 1406 Poklečani Romić (Ante) Šimun (1/1) Poklečani 589 Kravar Meadow 4 2.336

343 1380 Poklečani Rajić (Šimuna) Stojan (1/1) Poklečani Voznik Forest 3 10.211

343 1382 Poklečani Rajić (Šimuna) Stojan (1/1) Poklečani Voznik Meadow 3 17.836

1378 Poklečani Romić Iva rođ. Rezo ud. Stipe (1/1)

Poklečani Predenjak

Meadow 3 20.121

55 1576 Poklečani Bušić Anica ud. Stipe (5/60) Poklečani Kljunaša Meadow 4 2.081

Bušić Blage Andrija (4/60) Poklečani

Bušić Blage Ivan (4/60) Poklečani

Bušić Lucija ud. Blage (2/60) Poklečani

Bušić Šimuna Dragica (20/60)

Poklečani

Romić Nikole Stanko (20/60) Poklečani 586

Vukoja Stipe Željka rođ. Bušić (5/60)

Poklečani

1581 Poklečani Bušić Anica ud. Stipe (5/60) Poklečani Kljunaša Meadow 6 17.462 Bušić Blage Andrija (4/60) Poklečani

Bušić Blage Ivan (4/60) Poklečani Bušić Lucija ud. Blage (2/60) Poklečani Bušić Šimuna Dragica

(20/60) Poklečani

Romić Nikole Stanko (20/60) Poklečani 586

Vukoja Stipe Željka rođ. Bušić (5/60)

Poklečani

1582 Poklečani Bušić Anica ud. Stipe (5/60) Poklečani Kljunaša Forest 3 35.025






Bušić Blage Andrija (4/60) Poklečani Bušić Blage Ivan (4/60) Poklečani

Bušić Lucija ud. Blage (2/60) Poklečani Bušić Šimuna Dragica

(20/60) Poklečani

Romić Nikole Stanko (20/60) Poklečani 586 Vukoja Stipe Željka rođ.

Bušić (5/60) Poklečani

80 4059 Poklečani Ćurdo Tome Mirko (1/1) Poklečani 603 Ciganski grob

Meadow 3 730

777 3565=3896/1 Konjsko-Bare D.S. Šumska uprava Posušje (1/1)


Meadow 5

70 1 Vrpolje D.S. Šumska uprava Posušje (1/1)

Posušje Čabljak Meadow 5 10.073,892

3260 Konjsko-Bare Private land Meadow 5 3301 Konjsko-Bare Private land Meadow 5 3309 Konjsko-Bare Private land Meadow 5 3312 Konjsko-Bare Private land Meadow 5

2-1 777 3565=3896/1 Konjsko-Bare D.S. Šumska uprava Posušje (1/1)


Meadow 5

3110* Konjsko-Bare Private land Posušje Bijeli Brijeg

Meadow 5

217 3113* Konjsko-Bare Ivanković (Bariše) Slavko (1/1)


Meadow 5

105 3114* Konjsko-Bare Crnjac Anđa (1/1) Posušje Bijeli Brijeg

Meadow 5

11 3116* Konjsko-Bare Bonić (Frane) Mato (1/2) i Bonić (Miška) Stoja (1/2)


Meadow 5

16 3118* Konjsko-Bare Bonić (Joze) Stojan (1/2) i Bonić (Ivana) Anđa (1/2)


Meadow 5

16 3119* Konjsko-Bare Bonić (Joze) Stojan (1/2) i Bonić (Ivana) Anđa (1/2)


Meadow 5

223 3120* Konjsko-Bare Ivanković (Ivana) Stipe (1/1) 2-2 777 3565=3896/16 Konjsko-Bare D.S. Šumska uprava Posušje

(1/1) Posušje Bijeli

Brijeg Meadow 5

777 3565=3896/1 Konjsko-Bare D.S. Šumska uprava Posušje (1/1)


Meadow 5



It will be necessary for the land in public ownership to submit a request to the Municipal Council of the Posušje Municipality for change of land use and expropriation for the purpose of constructing the WF Poklečani with the associated power station, while for the private land the agreement with the land owners should be obtained. In relation to the expropriation process, it can be summarized that expropriation is going to be conducted for three purposes: construction of wind turbines, construction of supply and access roads and construction of power station. Previous tables present total land area to be expropriated and also provide information on the bearers of the land use rights. For the purpose of constructing wind turbines, 6 wind turbines are located on a private land, and, thus, this land requires expropriation. It includes 6 cadastral units registered as a private land (Table 1 and Table 2). On the other hand, there are 7 cadastral units registered as a private property regarding the construction of supply and access roads (Table 3). As a result, this land also requires expropriation process. No other types of expropriation are expected.



4. KEY PRINCIPLES AND EXPROPRIATION ISSUES

4.1. Key Principles

Elektroprivreda HZHB Mostar is obliged to apply the following principles regarding the expropriation process and compensation during the project implementation:

1. Expropriation will be conducted pursuant to the Expropriation Law of FBiH and the EIB Environmental and Social Policy.

2. Eligible affected real property will be compensated through the provision of similar replacement real property or through cash compensation at full replacement cost.

3. The expropriation beneficiary will cover all expropriation costs. 4. Every land owner and a bearer of land use rights, including both legal and illegal

ownership and structures, is entitled to a particular type of compensation and/or help after the established cut-off date.

5. Cut-off date is a date after which persons found to settle in the project area are no longer eligible for project compensation or other benefits, while similarly immoveable assets or crops established after the cut-off date are no longer subject to compensation. The cut-off date for eligibility for compensation and assistance will be defined as a date of publishing information on the project commencement on the web site of EPHZHB (31 July 2013).

6. Every land owner and a bearer of land use rights will be explained the expropriation process, as well as specific conditions regarding their plots of land for the purpose enabling mini corrections in order to reduce potential adverse impacts and inconveniences.

7. Land acquisition covers parts of concession area planned for erection of wind turbines and construction of supply and access roads and the power station.

8. Compensation level will be determined in accordance with the full replacement value which includes market value and all additional costs related to the expropriation process. Full replacement value indicates market value of the property plus legal costs of acquiring other property without depreciation accounted for.

9. Compensation includes both compensation in kind (a plot of land of equal value) and cash compensation.

10. This is a case of permanent expropriation – for permanently affected real property, compensation will be provided at full replacement value via cash compensation or equivalent real property.

11. Short-term impacts related to temporary occupation of land for construction purposes may also entail compensations or other assistance to affected persons.

12. All project affected persons will be informed and consulted regarding the expropriation process during both project preparation and implementation.

13. Specific grievance mechanism will be established for the purpose of the project implementation and will be managed by the project implementation unit (PIU) of the HZHB.

14. Resettlement activity will be monitored and evaluated by the expropriation beneficiary in line with the provisions of this RAP.

4.2. Entitlement matrix

Compensation entitlements for eligible persons and assets covered either by the current applicable legislation of FBiH and EIB or by this RAP to bridge gaps and meet the specific EIB requirements, are summarized in following table.

arm Poklečani Feasibility Study Resettlement Action Plan

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Entitlement Matrix CATEGORY OF

PAP AFFECTED ASSET OR

RIGHT

TYPE OF LOSS

ENTITLEMENT IMPLEMENTATION MODALITIES

1 Registered

construction, agricultural or forest land

Permanent loss

Replacement plot of land of similar size and characteristics2 or Cash compensation at full replacement cost3

Implemented in line with the requirements of the Law on Expropriation and the EIB policy. If replacement plot is smaller in size or potential, the price difference will be compensated in cash. The full replacement cost will be calculated based on the market value determined by the Tax Administration Office including taxes and fees related to the purchase of another property, registratiland registry etc. If the affected fraction accounts for 10% or less of the total surface area of the agricultural parcel, cash compensation will be provided. If the remainder after expropriation of the affected part is unusable, the owner will be entitled to the expropriation of the whole parcel and compensation.

Registered construction, agricultural or forest land

Temporary loss

Cash compensation for lease + Additional compensation for any damage

Implemented in line with the requirements of the Law on Expropriation (Article 56) and the EIB policy. The lease cost will be determined based on the highest market price recorded in the last three month.

This category also pertains to successors of owners. In case inheritance procedure has not been finalized, courts must determine successors and their share in ownership before compensation is

situations where a parcel of equivalent size or potential cannot be identified and offered, and parcels smaller in size or potential can be offered, the owner will be allowed the option to receive compensation partly in kind (replacement property – parcel) and partly in cash.

acement cost indicates market value of the property plus legal costs of acquiring other property, such as taxes and fees related to purchase of other property, registration in land registry etc., without depreciation accounted for.

arm Poklečani Feasibility Study Resettlement Action Plan

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CATEGORY OF PAP

AFFECTED ASSET OR

RIGHT

TYPE OF LOSS

ENTITLEMENT IMPLEMENTATION MODALITIES

occurred / timber lost

Land should be returned to the owner in the same condition. If the remainder after expropriation of the affected part is unusable, the owner will be entitled to the expropriation of the whole parcel and compensation according to the national legislation and the EIB principles.

CROPS

Annual and perennial crops

Permanent or temporary loss

The right to harvest crops or Cash compensation at market value to the crop owner (who may be other than the land owner) and Cash compensation for any developments on the land such as irrigation or drainage structures, glasshouses, etc. in case of their permanent loss or damage

Implemented in line with requirements of the Law on Expropriation (Article 50 and 55) and the EIB policy.Cash compensation for the crop possible only if the annual crop cannot be harvested or picked within the notice period. Cash compensation will be determined based on the average market values of the produce of one tree for one year times average periods of time required to establish the tree in years + cost of planting and cost of labour required to maintain the crop during the period of time needed to re-establish it to its previous production level.

UNIDENTIFIED IMPACTS

Owner/informal Unidentified impacts

Permanent or temporary

Any unidentified impact will be mitigated in accordance with the principles and objectives of the RAP.

In accordance with the principles and objectives of the RAP.



4.3. Methods of Evaluation of Assets

4.3.1. Land

As provided under the Expropriation Law of FBiH, compensation for land will, wherever feasible, be in the form of a replacement property allowing the owner approximately the same conditions of use. Same conditions of use are to be understood as meeting the following criteria: • being acceptable to the affected owner, • being approximately the same size, • having a similar or better agricultural potential, i.e. fertility, slope, parcel shape,

exposition to sunshine, and • being located at reasonable distance.

Where replacement property cannot be offered to the affected landowner because suitable land is not available at reasonable distance or is not acceptable to the landowner, the expropriating authority will establish written evidence of its unsuccessful efforts to identify such similar land and offer cash compensation at full replacement cost. The full replacement cost will include market value of the property plus legal costs of acquiring another property, such as taxes and fees related to the purchase of another property, registration in land registry, etc. The market value of the expropriated asset will be determined by the Committee formed by the cantonal Tax Administration Office. The Committee is composed of relevant property assessment experts on a case-by-case basis that assess the real property in line with the Law on Real Property Transfer Tax of the West Herzegovina Canton (Official Gazette of the West Herzegovina Canton, 17/99). There is no prescribed methodology for determining market value of the expropriated real property. In practice, the market value is often taken as a land purchase price officially defined by the municipal department responsible for physical planning for every land category. In situations of partial expropriation of agricultural land where the land owner would basis by the expropriating authority through the Tax Administration Office Committee, and the following criteria will be used to assess the suitability for further agricultural use: • size of the remaining part of the parcel, • agricultural potential of the remaining part of the parcel compared to that of the

expropriated part, and • possibility to operate mechanized agricultural equipment on the remaining part

(accessibility).

The compensation package for construction land will usually include a compensation for residential houses on the given parcel. If residential land is affected but the house itself is not, compensation will be in the form of cash. Cash compensation will be provided at full replacement cost.

4.3.2. Crops

To the greatest extent possible, land acquisition and land entry will be scheduled so that any standing annual crop, regardless of its development stage, can be harvested before the land is taken from the land owner or land user. Annual crops that are harvested before land entry by the beneficiary agency will not be compensated for. Annual crops that cannot be harvested prior to land entry or that are damaged by construction works will be compensated for at full replacement cost. Recent agricultural harvest prices at municipal level will be applied.



Determining full replacement cost requires consideration not only of the yield of the crop over one year, but also of the cost of re-establishing the plantation (seedlings, soil preparation, fertilizers, etc.), as well as of the lost income during the period needed to re-establish the crop. Compensation rates will be calculated in compliance with the full replacement cost principle, whereby the compensation rate C for one tree is determined by application of the following formula:

C = V x D + CP + CL

V – average market value of the harvest of one tree for one year D – average period of time required to re-establish the tree to an adult production level, in years CP– cost of planting (seedling, soil preparation, initial fertilization) CL – cost of the labour required to maintain the crop during the period of time needed to re-establish it to its previous production level

The calculated unit rate C is then applied to the whole parcel assuming either an average density or based on the precise count of all standing trees. Market values of the harvest for each of the common fruit trees in the area are to be investigated and reflected in each Resettlement Action Plan, if any. Compensation rates will be generated for the following stages of plant (tree) development: • seedling, • young plant, not productive, • young plant , productive, and • mature plant.

Unlike perennial fruit plantations, which can be harvested over a long period of time, most commercial timber tree species are yielded only once, as is the case with annual crops. The replacement cost will therefore be the market value of the logged timber. If an affected commercial forest cannot be logged before the entry of the expropriation beneficiary into the parcel, the compensation principle is similar to that described for annual crops, taking consideration the market value of the lost timber.

4.3.3. Other assets

Other assets that might be found on the civil construction site such as graves, poultry houses, fences, and other tangible assets should be replaced in kind (or with functional equivalents), relocated, or be compensated at replacement cost.



5. PUBLIC DISCLOSURE AND CONSULTATION PROCESS

Public enterprise EP HZHB Mostar has developed a communication system for all stakeholders in accordance with the Stakeholder Engagement Plan. EP HZHB has appointed an officer to be in charge of consultations with sensitive stakeholders, i.e. local population and land owners, as well as consultations with NGOs. Prior to the project commencement, information on the planned project implementation will be posted on the official website of EP HZHB Mostar. All sensitive stakeholders will be informed on the project scope and contact information which they can address for further information. They will be informed on the availability of publicly available information on the EP HZHB website (www.ephzhb.ba). This type of information dissemination will be carried out by using the Project Implementation Sheet posted on the notice boards of MZ Poklečani, MZ Sutina and the Posušje Municipality, and sent by e-mail to the identified NGOs. Consultation meeting in the form of open discussions with stakeholders will be organized at the location closest to the project area, if necessary, should there be some questions raised by the local community.



6. GRIEVANCE MANAGEMENT MECHANISM The following overall grievance management organization principles will be adhered to: • any grievance will be registered, acknowledged receipt of within 7 working days, and

tracked until it is sorted out, • grievance management arrangements will comprise three processing stages:

� first tier grievance management: first step of extra-judicial stage of amicable review and settlement with involvement of the Project Implementation Unit (PIU) in charge of expropriation;

� second tier grievance management: second step of extra-judicial stage of amicable review and settlement with involvement of the Grievance Commission;

� third tier grievance management: the judicial system with involvement of municipal courts in charge;

• grievances will be processed and responded to within a reasonable period of time, unless under particularly aggravating circumstances, within one month.

It is essential that sufficient resources required for grievance management are available, and that the grievance management system is in place as early as during the development of the Resettlement Action Plan. EP HZHB Mostar will establish a central registry of grievances. The responsible PIU officer will maintain the grievance registry, ensure that grievances are acknowledged in the form of a receipt within the agreed timeframe (usually 7 working days), make sure that grievances are allocated to the right person for review and proposal of resolution, and make sure that closure letters proposing a resolution to the complainant are timely sent to the complainant and registered. A grievance record will be opened for each grievance in the registry, including the following information: • description of grievance, • date acknowledgement receipt returned to the complainant, • description of actions taken (investigation, hearing of relevant stakeholders,

corrective measures), and • date of resolution and closure, with the complainant’s signature proving his/her

agreement to the resolution modalities.

Grievance review will typically include the following steps: • Allocation of the grievance to a designated officer for review and resolution proposal; • Review of their expropriation/compensation files; • Review of disputed properties, disputed boundaries, or property characteristics in the

field, as applicable, and the hearing of interested parties (the complainant and the third parties if necessary);

• Drafting a response letter to the complainant; • Informing the complainant about the proposed corrective action within 25 days upon

the acknowledgment of grievance. The close out at the level of the first tier will be sanctioned by a document, whereby the complainant acknowledges the receipt of the proposed resolution and mentions whether he/she is satisfied or not. If EP HZHB not able to address the particular issue raised through the grievance mechanism or if the action is not required, it will provide a detailed explanation/justification on why the issue was not addressed. The response will also contain an explanation on how the person/organisation which raised the complaint can proceed with the grievances in case the outcome is not satisfactory.



If the complainant is not satisfied with the implemented corrective action and/or a justification on why the corrective action is not required, EP HZHB will constitute the Grievance Commission that will deal with the complaint as the second tier of grievance management. The Grievance Commission will be established for the project and comprised of: • one representative of EP HZHB Mostar (other than the person directly involved in

resolving the grievance described in the previous steps), • one representative of the municipality affected by the project and selected by the

municipality officials (other than the person directly involved in resolving the grievance described in the previous steps),

• Additionally, the Commission will include a representative of PAP, if found necessary.

Following adoption of the internal act and establishment of Grievance Commission, the Commission members will be notified about the complaint. The Commission will meet and re-evaluate previously carried corrective action and/or the justification on why an action is not required, and reconsider alternatives to address the complaint on the satisfactory manner. The complainant will be informed about the proposed alternative corrective action and follow-up of alternative corrective action within 25 days upon the acknowledgement of grievance. In case that no amicable agreement can be reached at the first two tiers, the grievance can at any time be handed over to the basic municipal court in charge. Typical Public Grievance Form is given in Annex 1 to this RAP. The complaints can be submitted to the following address:

Javno poduzeće “Elektroprivreda Hrvatske zajednice Herceg-Bosne” d.d. Mostar Production of Electric Energy

Contact person: Mrs. Nilda Penavić Address: Mile Budaka 106A, 88000 Mostar, BiH

Phone: +387 36 335 216 Fax: +387 36 335 280

E-mail: [email protected] Web: www.ephzhb.ba



7. ROLES AND RESPONSIBILITIES Resettlement Action Plan (RAP) has been adopted by EP HZHB and, thus, all parties involved in the project, including EP HZHB and the Constructor, are expected to implement requirements of this document. Responsibilities will be divided between PE EP HZHB Mostar, the Constructor, and other parties involved in the project implementation. This is presented in the following table. Table 6 Organizational roles and responsibilities

Task Responsible party

Visit to the all land owners and bearers of the land use rights and explanation of the expropriation process and specific impacts on their land in order to enable micro corrections in order to reduce potential impacts and inconveniences

PE EP HZHB

Negotiations and expropriation prior to the construction works commencement

PE EP HZHB as an expropriation beneficiary and the Municipality of Posušje

Payment / compensation establishment PE EP HZHB as an expropriation beneficiary and the Municipality of Posušje

Grievance management PE EP HZHB, the Grievance Committee

Monitoring and reporting on the expropriation carried out prior to the construction works commencement

PE EP HZHB, the Grievance Committee

Monitoring and reporting on the land acquisition and/or temporary land acquisition after the construction works commencement

The constructor



8. MONITORING AND EVALUATION

Input (progress) and output (performance) monitoring will be carried out by EP HZHB. EP HZHB will maintain an expropriation database regarding the project affected persons (including informal owners). Information will be periodically updated in order to monitor progress.

The following table presents a list of indicators to be used for the purpose of performance monitoring during first five years of the project implementation (including pre-construction period, construction period and the first year of operation).

Table 7 Monitoring indicators

Indicator Source Frequency Inputs Total expenditure for expropriation and compensation

Financial records Quarterly

Number of the project affected persons (PAPs) per category

Analysis of cadastre books and direct contacts with PAPs

Quarterly

Outputs Number of people who received cash compensation in a particular period with a distribution per compensation types and amount classes

Reports on the expropriation activities monitoring

Monthly

Number of individual compensation contracts signed in a particular period


Monthly

Number and type of complaint on the expropriation process (submitted and resolved and how long it took to resolve complaints)


Monthly

The collected information will be processed and reported in the Monitoring Reports to be prepared by EP HZHB. These reports will be publicly published quarterly on the company’s website, without publishing any personal and confidential information on individuals. The first report will be prepared for the first three months of the project implementation. It will cover questions/activities related to expropriation during the current year. Outcome or impact evaluation defines the extent to which the project inputs and outputs have achieved or are likely to achieve the objectives of a program. Coupled with output monitoring results, impact evaluation will indicate whether the program is genuinely working and should it continue to be implemented as is, or whether fundamental changes have to be made. Impact evaluation will be carried on an annual basis for the first two years, and then, if necessary, once more at the end of the project implementation period, in order to order to evaluate if the implementation of the expropriation process and compensation provision process has been pursuant to the EIB policy. Independent auditor will be appointed by the EIB. The auditor will report on his/her activities to the EIB and EP HZHB.

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Annex 1

Public Grievance Form



Reference Number:

Full name

Contact information Please mark how you wish to be contacted (mail, telephone, e-mail).

� By Post: Please provide mailing address: ___________________________________________________________________________________________________________________________________________________________________________

� By Telephone: _______________________________________________

� By E-mail Preferred language for communication

� Croatian/Bosnian / Serbian

� English (if possible)

Description of Incident for Grievance What happened? Where did it happen? Who did it happen to? What is the result of the problem?

Date of Incident / Grievance

� One-time incident/grievance (date ________________)

� Happened more than once (how many times? _____)

� On-going (currently experiencing problem)

What would you like to see happen?

Signature: ____________________________ Date: ____________________________

Please return this form to:

Javno poduzeće “Elektroprivreda Hrvatske zajednice Herceg-Bosne” d.d. Mostar Mrs. Nilda Penavić Mile Budaka 106A

88000 Mostar, BiH Phone: +387 36 335 216 Fax: +387 36 335 280

E-mail: [email protected]

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