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Resettlement Action Plan Final Report March 2014 Papua New Guinea: Town Electrification Investment Project-1: Bialla-Kimbe Transmission Line Interconnection Project Prepared by PNG Power Ltd, Port Moresby, for the Government of Papua New Guinea and the Asian Development Bank.

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Page 1: Papua New Guinea: Town Electrification Investment Project ... · Final Report March 2014 Papua New Guinea: Town Electrification Investment Project-1: Bialla-Kimbe Transmission Line

Resettlement Action Plan

Final Report March 2014

Papua New Guinea: Town Electrification Investment

Project-1: Bialla-Kimbe Transmission Line

Interconnection Project

Prepared by PNG Power Ltd, Port Moresby, for the Government of Papua New Guinea and the

Asian Development Bank.

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This Resettlement Action Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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TOWN ELECTRIFICATION INVESTMENT PROGRAM (TEIP) TRANCHE 1 PAPUA NEW GUINEA

Land Acquisition/Resettlement Plan

(Bialla-Kimbe 66kV Transmission Line Interconnection Project)

Document Stage: Final

Project Number: Loan 2713/2714

March 2014

Prepared by PNG Power Ltd., Port Moresby, for the Asian Development Bank, Manila, Philippines

The Land Acquisition/Resettlement Plan is a document of the borrower. The views expressed herein

do not necessarily represent those of ADB’s Board of Directors, Management, or Staff

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ABBREVIATIONS

ADB - Asian Development Bank AIDS` - Acquired Immunodeficiency Syndrome APs - Affected Persons BKTLP - Bialla Kimbe Transmission 66kV Transmission Line Project DLO - District Lands Officer DOLPP - Department of Lands and Physical Planning DOW - Department of Works DMS - Detailed Measurement Survey EA - Executing Agency EIA - Environmental Impact Assessment EMP - Environmental Management Plan FFB - Fresh Fruit Bunch GAD - Gender Aware Development GAP - Gender Action Plan GoPNG - Government of Papua New Guinea Ha - hectare HH - households HIV - Human Immunodeficiency Virus IA - Implementing Agency IOL - Inventory of Loss kVA - Kilovolt Amps kV - Kilovolt LA/RP - Land Acquisition/Resettlement Plan LLG - Local Level Government MOA - Memorandum of Agreement MW - Mega Watt NBPOL - New Britain Palm Oil Limited OPA - Office of Provincial Administration OPIC - Oil Palm Industry Corporation PMU - Project Management Unit PLO - Provincial Lands Officer PPL - PNG Power Limited PPTA - Project Preparatory Technical Assistance RC - Replacement Cost ROW - Right of Way SES - Socio-Economic Survey SPS - Safeguard Policy Statement (ADB 2009) sqm - square meters TL - Transmission Line PGK - PNG Kina USD - US Dollars as of 22/11/2013, 1 USD is equivalent to PGK2.586.

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GLOSSARY OF TERMS

Meaningful Consultation A process that (i) begins early in the PPTA and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision-making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation measures.

Affected Persons In the context of land acquisition, affected persons are those who are physically affected and/or displaced (relocation, loss of residential land, or loss of shelter) and/or economically affected (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Indigenous Peoples Is a generic term used to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by other groups; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region.

Physical Displacement Relocation, loss of residential land, or loss of shelter as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Economic Displacement Loss of land, assets, access to assets, income sources, or means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Gender Mainstreaming The process of ensuring that gender concerns and women’s needs and perspectives are explicitly considered in projects and programs, and that women participate in the decision-making processes associated with development-based activities.

Country Safeguard Systems

This is the legal and institutional framework of Papua New Guinea and it consists of its national, sub national, or sectoral implementing institutions and relevant laws, regulations, rules, and procedures that pertain to the policy areas of social safeguards.

Significant Impact The loss of 10% or more of productive assets (income generation) or physical displacement and/or both.

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CONTENTS

A. Executive Summary ..................................................................................................................7

B. Project Description ................................................................................................................. 10

C. Scope of Land Acquisition and Resettlement ........................................................................ 12

i. Project’s Impacts ............................................................................................................... 12

ii. Scope of Land Acquisition.................................................................................................. 13

iv. Common Property Resources ............................................................................................ 14

D. Socioeconomic Information and Profile ................................................................................. 15

i. Demographic Features of Affected Persons ....................................................................... 15

ii. Impacts of Land and Asset Acquisition on Affected Peoples ............................................... 15

iii. Project’s Impacts on Poor, Different Ethnic Groups, and other Vulnerable groups .............. 17

iv. Gender and Resettlement Impacts ..................................................................................... 17

E. Information Disclosure, Consultation and Participation ....................................................... 18

i. Project Stakeholders .......................................................................................................... 18

ii. Consultation and Participation Mechanisms ....................................................................... 18

iii. Activities Undertaken to Disseminate Project and Resettlement Information ....................... 19

iv. Results of Consultations with Affected Peoples .................................................................. 20

v. Disclosure of the Draft Land Acquisition/Resettlement Plan ................................................ 20

vi. Planned Information Disclosure Measures during Project Implementation .......................... 21

F. Grievance Redress Mechanism .............................................................................................. 22

G. Legal Framework ..................................................................................................................... 24

i. National and Local Laws and ADB Policy Requirements .................................................... 24

ii. Resettlement Policy Principles for the Project .................................................................... 31

iii. Principles and Methodologies for Determining Valuations and Compensation Rates .......... 32

iv. Description of Land Acquisition Process............................................................................. 32

H. Entitlements, Assistance and Benefits .................................................................................. 34

i. Affected Person’s Entitlements and Eligibility ..................................................................... 34

ii. Assistance to Vulnerable Groups ....................................................................................... 35

iii. Opportunities for Affected Persons to Derive Appropriate Development Benefits ................ 35

I. Relocation of Physical Structures .......................................................................................... 37

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J. Income Restoration and Rehabilitation .................................................................................. 38

i. Possible Livelihood Risks................................................................................................... 38

ii. Income Restoration Program ............................................................................................. 38

iii. Special Measures to Support Vulnerable Groups ............................................................... 38

iv. Specific Gender Considerations ......................................................................................... 38

v. Suggested Training Programs ............................................................................................ 39

K. Resettlement Budget and Financing Plan .............................................................................. 40

i. Itemized Budget for Resettlement Activities........................................................................ 40

ii. Flow of Funds .................................................................................................................... 41

iii. Justification for Calculating Compensation Rates and Other Cost Estimates ...................... 41

iv. Sources of Financing ......................................................................................................... 41

L. Institutional Arrangements ..................................................................................................... 42

i. Responsibilities and Mechanisms for Carrying out LA/RP .................................................. 42

ii. Institutional Capacity Building Program .............................................................................. 43

iii. Role of Civil Society Groups .............................................................................................. 43

iv. Involvement of Women’s Groups in Resettlement Planning and Management .................... 43

M. Implementation Schedule ....................................................................................................... 45

N. Monitoring and Reporting ....................................................................................................... 46

O. Annexes ................................................................................................................................... 48

Annex I: Table showing IOL and DMS the number of Affected Persons (AP) based on the 2013

Census conducted by PPL. ........................................................................................................... 48

Annex II: Replacement Cost Survey .............................................................................................. 49

Annex III: Project Information Bulletin ............................................................................................ 54

Annex IV: Consultation Notices ..................................................................................................... 57

Annex V: Meeting Minutes ............................................................................................................. 60

Annex VI: MOA with Lake Hargy Landowners ............................................................................... 68

Annex VIII. Master list Showing Signatures of Affected People along TL ........................................ 77

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Tables and Figures Tables

Table No. Title of Table Page Number

1 The following matrix summarizes eligibility and entitlements for APs:

8-9

2 Summary of Land Acquisition and No of APs

9

3 Scope of Land Acquisition 15-16

4 Key Dissemination and Land Acquisition Information Activities 21

5 LA/RP Measures Prepared by PPL to Ensure Compliance with ADB

SPS 2009

25-26

6 Comparison of GoPNG Law and ADB Policy and Gap-Filling

Measures

27-31

7 Entitlement Matrix

35

8 Estimated Land Acquisition Budget

38-39

9 Implementation Schedule 43

10 Draft Monitoring and Evaluation Indicators 44

Figures Figure 1: Map showing Kimbe Bialla TL ……………………………………………………….page 11

Figure 2: Transmission Line Easement…………………………………………………………page 13

Figure 3: Typical safe clearance of power lines from crops and vegetation......................page 14

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A. Executive Summary

1. The Bialla-Kimbe Transmission Line Project is one of three projects selected for the First

Tranche of the ADB financed Town Electrification Investment Program (TEIP) that is designed to

enhance the social and economic development in urban areas and via a related project to extend the

power distribution grid to rural communities in the footprint of these three projects. It represents a

specific challenge for PPL because of the number of high-value palm oil trees that have to be cleared

and the complex undertaking to transparently and fairly estimate the market value of these trees. This

specific Project investment cost (excluding land acquisition costs) is estimated at US$12.325 million

(PGK26.745 million) and involves the stringing of approximately 150 kilometers of 66kV TL that will

initially transmit 33kV of generated electricity from the substation of the Lake Hargy HPP to Kimbe

Town. The single circuit line will be constructed using pre-fabricated steel poles. Several river

crossings with spans of up to 200 meters requiring double pole (tower) structures with a minimum

height of 22 meters will be required. The new connections to rural settlements along the TL will be

supplied by single-phase and three-phase distribution transformers with 30-100 kVA capacity.

2. Based on the Census, IOL and DMS the number of affected persons (AP) is 1,527.

For more detailed information, see Annex I. It needs to be noted that only a very small number of

customary landowners will lose very small portions of land for actual transmission towers, which

will be subject to a Deed of Release with PPL, and will not be able to replant high-value palm oil

trees or similar in the easement due to safety reasons. Other AP will be compensated for trees,

vegetation of commercial value and crops in the existing easement but not for restricted land use

because they are not the legal occupants of the existing road easement that belongs in the public

domain.

3. All AP households rely to some extent on subsistence agriculture, primarily the cultivation of

sago, taro, banana, and papaya and approximately 25% of them rely on the intermittent sale of betel

nut (Areca catechu) that they also grow. This is highly sought out in PNG by upwards to 95% of the

adult population. These provide cash income to meet household food needs. Commercial agro-

industrial cropping such as palm oil is very important in the West New Britain province as a source of

income for the overwhelming majority of APs all of whom have been allocated 6 hectare smallholder

blocks on a 99 year lease to cultivate palm oil (APs in village settlements typically have 2 hectares

planted in palm oil but have more diversified livelihoods than AP leaseholders). The high value palm

oil trees that have to be cleared are not actually on these leased blocks but the existing road

easement. The exception to this is the New Britain Palm Oil Company but it has agreed to a one-off

compensation payment and will forego claims for impacts of restricted land use as it wants to maintain

its reputation as a good corporate citizen in PNG.

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4. Customary land that will need to be acquired is unlikely to impact significantly on the

livelihoods and incomes of APs. The restricted land use resultant from the land acquisition

(approximately 6 hectares) will be mitigated by PPL agreeing to meet all expenses associated with

clearing additional land to replant palm oil trees and cover the costs associated with all necessary

inputs (including seedling costs, holing and planting, fertilizers and herbicides, and lining and pruning)

to ensure these APs are not economically worse off as a result of the Project. In addition to

compensation for affected land and assets, both women and men APs are expected to benefit from

Project related wage employment and access to electricity supplied to individual households for the

first time by PPL.

5. APs have been consulted during pre-feasibility studies and the preparation of the LA/RP. PPL

has and will continue to further consult with affected communities and this LA/RP is based on detailed

land investigations. Clan leaders and other clan members, including women, have expressed their

strong support for this Project.

Table 1: The following matrix summarizes eligibility and entitlements for APs:

Type of Impact Entitled Person (s) Entitlements

Permanent acquisition

of land

Customary Landowners

Landowners will be monetarily compensated

for loss of productive land and PPL finances

development of land outside the easement

for new palm oil cultivation.

Temporary use of land. Legal occupiers of land

(primarily leaseholders) and

customary landowners

Landowners will be paid rent on terms

negotiated between them and the contractor.

Loss of crops and trees All APs irrespective of their

legal status

APs will be given notice to harvest crops and

trees before site clearance or removal from

required land. If APs are not able to harvest,

they will be paid cash compensation at

replacement cost. In case of perennial crops

and trees, the compensation will also include

loss of income for a period until new crops or

trees produce an equivalent income

Loss of Livelihoods Any vulnerable households

identified by additional social

assessment.

Vulnerable households if so identified will

receive priority employment for project

construction and maintenance work.

Unforeseen or

unintended impacts

Concerned affected persons These will be determined as per the

principles of this RP and ADB’s Safeguard

Policy.

6. The final budget for the LA/RP is as follows and is based on the PPL undertaking detailed land

investigations and valuation of assets in consultation with affected landowners:

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Table 2: Summary of Land Acquisition and No of APs

Total land to be acquired 6.0 (ha)

No of APs/HHs 1,537 (Female:788)

(272)

No of Persons

Requiring Income

Restoration

102 (Female:56)

PGK90,000

Estimated Value

of Land to be Acquired

PGK63,750

Palm Oil Trees PGK2,139,800

Other Trees of Commercial

Value

PGK1,064,238

Food Crops PGK266,059

Total Compensation and

Other Allowances Payable

PGK3,623,847 (USD1,401,116.22)

7. PPL will allocate adequate resources to update, implement and monitor the LA/RP. It will

ensure that adequate funds are allocated and disbursed to pay compensation for affected land and

assets civil works will not commence before the LA/RP has been approved and land compensation

paid in full.

8. PPL will submit semi-annual reports to ADB on the implementation of the LA/RP. It will also

submit a Project land acquisition and productive asset completion report to ADB once land and

productive asset compensation has been completed.

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B. Project Description

1. The Asian Development Bank (ADB) is providing a multi-tranche financing facility (MFF) to

GoPNG to develop hydropower resources to reduce reliance on diesel generation in three small

townships throughout the country as part of the Town Electrification Investment Project (TEIP). The

implementing Agency is PNG Power Limited (PPL), a government owned corporation that is

responsible for the generation and distribution of electricity throughout PNG.

2. Less than 10% of the PNG population has access to electricity and the grid connected power

supply is largely restricted to the main urban centers. PNG Power Ltd (PPL) is the sole energy supply

entity in PNG and is required to improve energy connectivity in PNG. The objective of this Project to

connect that very high percentage of urban residents, specifically in Popondetta, Oro Province, Kimbe,

West New Britain, and Buka, Autonomous Region of Bougainville, who are not currently connected to

the grid. The Program involves the construction of a 3 MW run-of-the river hydropower project with

associated transmission lines in Oro (Divune HPP) and Bougainville (Ramazon HPP) and

approximately 150 kilometers of 66kV transmission lines from the Lake Hargy Hydropower Plant in

Bialla to the Kimbe the provincial capital of West New Britain. This land acquisition/resettlement plan

(LA/RP) is the resettlement planning document for the Bialla-Kimbe 66kV Transmission Line Project

(BKTLP).

Figure 1: Map showing Kimbe Bialla TL

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3. The impact of TEIP is to enhance social and economic development in urban areas and an

ancillary project (ADB’s Improved Energy Access to Rural Communities) will extend the power

distribution grid to rural communities in the footprint of these three projects. The outcome will be

improved power supply in the energy-deficient provincial centers through the replacement of high cost

diesel power generation with sustainable renewable energy power generation and the provision of

power to new consumers in outlying areas. Through the ancillary project, electricity transmitted

through the core transmission network will enable PPL to distribute power to rural PNG communities

using low voltage connections. Without the core transmission network being supported by the main

Project, it would be not financially feasible for PNG Power Ltd or other investors to provide such

connections.

4. The TEIP supports the GoPNG Development Strategic Plan (DSP, 2010-2030) that

emphasizes the lack of energy supply as a constraint for PNG’s economic and social development.

The development target established by the DSP requires that 70% of all households in PNG have

access to an affordable and reliable supply of electricity by 2030 and it is estimated that if this target

were to be achieved by 2030 an extra 100,000 jobs would be created and the net worth to the

economy would be in excess of PGK 2.9 billion. It is also influenced by the Medium Term

Development Plan (2011-2015) and the significantly longer-term Strategic Vision 2050 for PNG.

5. The BKTLP investment cost (excluding land acquisition costs) is estimated at US$12.325

million (PGK26.745 million) and involves the stringing of approximately 150 kilometers of 66kV TL that

will initially transmit 33kV of generated electricity from the substation of Lake Hargy HPP to Kimbe

Town. The single circuit line will be constructed using pre-fabricated steel poles. Several river

crossings with spans of up to 200 meters requiring double pole (tower) structures with a minimum

height of 22 meters will be required. The new connections to rural settlements along the TL will be

supplied by single-phase and three-phase distribution transformers with 30-100 kVA capacity.

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C. Scope of Land Acquisition and Resettlement

i. Project’s Impacts

6. The BKTLP does not require the physical displacement of people. It would however need to

acquire approximately 3,600 square meters of land for transmission poles on a permanent basis

(based on an estimated 1,600 transmission poles requiring 2.25 square meters for each transmission

pole), PPL has decided to acquire all land within the easement, the permanent clearance of 8,023 high

value palm oil trees, and approximately 2,015 fruit, nut and wood trees with varying levels of economic

value and a small number of staple crops (notably sago). Most of the land to be acquired is already

within the existing road easement and belongs in the public domain but 60,000 square meters (six

hectares) of customary land will be acquired to ensure PPL have guaranteed access to the

transmission line easement. See figure 3.

Figure 2: Transmission Line Easement

7. Most of the trees and crops are to be cleared from land within the existing road easement or

right-of-way (ROW) that has been established by the GoPNG. There is some customary land impacted

upon (an estimated 60,000 square meters or six hectares) however, this is largely on a temporary

basis during TL stringing and restricted use on completing of stringing (i.e. APs will not be able to

replant palm oil trees of other trees of high economic value that grow to within 2.7 meters of the

overhead TL). The New Britain Palm Oil Limited (NBPOL) will also be impacted as it will be required to

clear all its palm oil trees in the easement to comply with the regulations as portrayed below in figure 4

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TYPICAL SAFE CLEARANCES OF POWER LINES FROM CROPS AND VEGETATION

Figure 3: Typical safe clearance of power lines from crops and vegetation

ii. Scope of Land Acquisition

8. The following table provides a breakdown of the land requirement and trees and vegetation to

be cleared and numbers of APs for each of the three sections:

Table 3: Scope of Land Acquisition

Name of

Village

Number of Affected

Persons

APs Losing Land

Permanently

APs With Restricted Land Use

APs Losing High-Value

Trees

APs Losing Lower Value

Trees and Crops

Mai Junction Village to Uby Village, Mose LLG

Mai Junction 37 - - 26 11

Buvussi 366 - - 194 172

Kavvi 15 - - 15 -

Galai 190 - - 133 57

Lilipo 43 - - 43 -

Lavage 112 - - 112 -

Uby 89 - - 89 - Sub-Totals 452 - - 612 240

Kai Village to Saleileibu Village, Cenaka LLG

Kai 85 - - 73 12

Silanga 82 - - 82 -

Saleileibu 29 - - 29 -

Sub-Totals 196 - - 184 12

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Vainamasile Village to Matauro Village, Central Nakanai LLG

Vainamasile 132 - - - 132

Usilau 35 - - 28 7

Milikan 23 - - 23 -

Sege 129 20 20 128 6

Gibolo 52 - - 35 17

Vaipora 20 - - 20 -

Mgmota 3 - - 3 -

Kiava 80 - - 59 11

Mataruru 17 - - 11 5

Sub-Totals 467 20 20 317 150 TOTAL 1,527 20 20 1,113 402

Source: IOL and DMS, PPL, 2013

iii. Effects of Assets Lost 9. The land for approximately 147 kilometers of the TL is within the easement or ROW acquired

by the GoPNG (see figure 1 above) prior to independence in 1975 and is not subject to any customary

claim. Another 3 kilometers in three different sections is customary-owned and claimed by the Waigigi

Business Group, a claim that is recognized by other clans in the area. This land is used for a variety of

purposes, the cultivation of crops for food being the primary purpose but other trees of commercial

value, most notably palm oil, are grown. The requirement to clear the ROW for the TL of the high-

value palm oil trees during the stringing of the TL will be the major effect not the very small amount of

land to be acquired. There are no overlapping claims and hence no basis for subsequent land

disputes. This was confirmed during consultations with the Waigigi Business Group that claims

customary ownership and also neighboring clans of Giloiloli, Voregarega, Kabuli Halala, Vau Vatu and

Lahu

10. Land belonging to customary landowners will have to be cleared during TL stringing because

PPL or other private sector contractors in PNG lack the tension stringing equipment to string the cable

off the ground. The APs will be compensated for loss of use of land on a temporary basis but also for

restricted use once the Project is completed. Other APs who are encroaching on public land will not be

compensated for temporary loss of land or restricted use because of course the land on which they

cultivate the palm oil trees and other tree and food crops belongs in the public domain.

iv. Common Property Resources

11. It is not expected that common property resources (e.g. access to water or forest resources,

including aquatic resources such as freshwater fish or non-timber forest products) would be impacted

upon by this Project. However, to mitigate any unforeseen impacts the Environmental Management

Plan (EMP) will be implemented to mitigate such impacts.

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D. Socioeconomic Information and Profile

i. Demographic Features of Affected Persons

12. There are 272 households consisting of 1,527 persons with an average household size of 6

members: the largest household size being 28 persons (4 families living in the one household) and the

smallest 2 persons. According to the socio-economic survey there are migrants from 16 different tribal

groups from other provinces throughout PNG. While none of these tribal groups occupy customary

land they are found in significant numbers in the Project area deriving a living from palm oil production

and are among APs. The indigenous clans are the Nakanai and Tulakanai socio-linguistic groups.

Among APs with trees in the road easement are some 20% from other regions of PNG. The clans use

their own languages during animistic rituals but communicate in Tok Pisin1 with non-indigenous APs

and when required also in English. This is because of the high literacy rate along the route of the

project. For resettlement planning purposes Tok Pisin is being used to ensure social inclusion of all

APs.

13. Over 61.3% of AP household members are children aged up to 18 years of age, 35.0% are

adults under 60 years of age, and 4.6% over 60 years of age. Eight of the female headed households

report having being married and their husband’s abandoning them for other women: their husbands

originally been migrants from elsewhere in PNG who simply left the village when palm oil prices were

low and never returned. Although with an increase in palm oil prices several of these men returned

temporarily but with the recent decline have once more left their martial households.

14. Sixty-three percent of APs over the age of five have completed primary education (up to

Grade 8) and 9.1% have completed lower secondary education. Primary completion rates between

boys and girls differ little but boys are more likely to have attended secondary school. A very quick

functional literacy and numeracy test administered by PPL suggests that some 70.9% of APs are

functionally and numerically literate, which is significantly higher than the adult literacy rate of 57.3%

Other people living in this village have completed high school and a smaller number, including young

women, have also completed technical college.

ii. Impacts of Land and Asset Acquisition on Affected Peoples

15. To better understand the impacts of land and asset acquisition on affected peoples the

following socio-economic indicators were developed from the socio-economic survey:

16. Income: Average annual individual household income for AP households is PGK 33,846 or

average per capita income of PGK 5,641. Therefore, using the World Bank’s measure of poverty that

identified people living in moderate poverty as those who live on less than USD2 per day, day, this

1

Papua New Guinea has over 700 languages however, Tok pisin or Pidgin English is a language that the bulk of

Papua New Guineans speak.

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report identifies that there are no APs living in poverty as the income per day is PGK14 or USD . The

income comes from a variety of livelihood activities with the production of palm oil being the major

source of livelihood. Even by West New Britain standards where poverty is lower than in most regions

of PNG these APs are not poor. The highest household income of the least poor AP household is PGK

264,000 and the poorest household it is PGK 7,400 but in this latter AH there are only two APs.

17. Land Ownership: All land that is not in the easement is collectively owned by individual clans,

there being no individual household ownership of land among the APs. However, individual

households have user rights to use collectively owned land to undertake livelihood based activities.

18. Livestock: None of these AP owns any livestock, the ownership especially of pigs being

materially and symbolically important in some regions of PNG but not West Britain although NBPOL

maintains a large herd of beef cattle just outside Kimbe called Numundo Beef industry.

19. Common Property Resources: the APs who have high-value palm oil trees in the easement

but do not own land, therefore they do not have any access to common property resources as the

common property resources in the area belong to the customary landowners.

20. Estimated Total Expenditure: PPL will undertake an income baseline SES during Project

implementation however, just for information; this report will also use the SES undertaken for an

earlier ADB Project (Rural Bridges Project). The ADB Rural bridges report revealed that on

expenditure in the area, 65.2% of household expenditure is spent on foodstuffs, 16.8 % on education

and healthcare (more on healthcare than education), 2.3% on clothing and footwear, 12.2 % on

cultural and ritual obligations, and 3.5% on donations to the Catholic Church.

21. Occupational Structure: Most APs can be classified as smallholder palm oil producers but all

try to maintain “kitchen” small patch (10 – 20 sqm gardens to provide vegetables. There are limited

local wage employment opportunities with longer-term opportunities only available in Kimbe or even in

the New Guinea Islands. Only a few of the AP household members would be very competitive in a

rather tight labor market.

22. Access to Public Services: The populations living along the TL have access to health care

amenities. There is one health centre located in Bialla and another aid post located along the TL in

Vainamese. These health centre and aid post provide the national immunization program for infants

and children, HIV/AIDS antenatal program, and a small food nutritional program, although any other

form of healthcare requires a PGK20 (USD7.73) PMV trip and perhaps a prolonged stay in Kimbe.

Some of the AP households have wantoks2 in Kimbe they can rely on for accommodation and food.

Water within the project areas is taken from the rivers and generally not boiled which leads to a range

of water-borne diseases, especially during the wet season. All AP households reported that during the

2

A wantok is a person who comes from the same ethnic or province area and could support his clansmen or

person from the province when in need. It is an example of a social safety net in PNG.

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wet season had at least one member with diarrhea Educational facilities only exist to Year Eight and

are considered less than satisfactory. Three AP households own public motor vehicles (PMVs).. The

villages are able to access micro-microfinance services, however, this is mainly in Kimbe. The

villagers also do not have any access to specialists such as agricultural officers as they are mostly

based in Kimbe and do not visit the villages. The only agricultural officer that visit the area are those

who are engaged with OPIC and they usually visit only the oil palm smallholders.

iii. Project’s Impacts on Poor, Different Ethnic Groups, and other

Vulnerable groups

23. The SES undertaken by PPL has not identified any poor or vulnerable APs. Often, female-

headed households are among those that are classified as poor and vulnerable groups. The finding of

the Socio-economic survey in the area has shown that even the female-headed households cannot be

classified as such. This is because West New Britain province has a matriarchy kinship system, and

even when men have abandoned their wives, close and even distant related family members are

obliged to provide necessary support. This support can be in form of cash, labour or kind, therefore,

most families have a higher standard of living, therefore cannot be identified as poor or vulnerable.

iv. Gender and Resettlement Impacts

24. Males in the Project area tend to dominate membership of village-level organizations although

most of the church groups support women’s groups and they also have the capacity to transcend

village-level organizations and function at the supra-village level. Nevertheless, most women APs

during consultations stated that men are considered to be household heads, clan leaders, and

representatives at the supra-village level; although among clans indigenous to West New Britain clan

lineages are matriarchal but this does not confer the type of gender leverage that a matriarchy might

be considered to confer upon women). Women APs do not want to overturn existing structures of

participation and decision making and have welcomed the opportunity afforded by PPL. These provide

the enabling environment to have their voices not only more openly heard but also to make inputs into

how the Project will be implemented.

Discussions held with women APs, especially via the Focus Group Discussions (FGDs) facilitated at

each of the three TL sections indicate that women want this Project to proceed as planned by PPL.

They would like to be able to connect to electricity because: (i) it would reduce their workloads; women

spend considerable time collecting biomass; (ii) it would increase opportunities for income-generation

activities; (iii) there will be improvements to health through better indoor air quality due to a reduction

in the burning of biomass and expanded services at medical clinics; and, (iv) it would enhance

educational opportunities not just for boys but girls as well. The major concern is of the possible social

risks and the majority of the villages mentioned the risk of HIV and AIDS. The PPL officers present

during the consultations assured the villages, especially women, that this risk would be managed by

providing information and/or awareness for the villagers so that they can protect themselves from the

risks of infection. Feedback from the community showed that they seemed satisfied with this answer.

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E. Information Disclosure, Consultation and Participation

i. Project Stakeholders

25. The primary stakeholders of this Project are the customary landowners and users of land in

the easement of the TL whose land will be acquired for the transmission poles and other land in the

easement that will be subject to restricted land use. Other APs are those who will be required to clear

trees and other crops from the easement they are currently utilizing. The non APs are very interested

in whether the Project will enable them to have access to affordable and reliable supply of electricity

as they see a wide range of benefits (e.g. lighting for children to do homework, being able to watch

television, charge mobile phones and health centers able to refrigerate anti-malarial vaccines). The

major private sector AP – New Britain Palm Oil Limited views the Project as providing affordable

additional electricity that it can also use and also an opportunity for the company to supply surplus

electricity to Bialla and Kimbe town and other rural communities.

26. Other stakeholders are the local, district, provincial and national governments, PPL which is

the primary investor, NBPOL, Oil Palm Industry Corporation (OPIC) and civil society groups. The

interest of the GoPNG and elected representatives is the timely implementation of this Project without

land acquisition issues. The non-transparent calculation of replacement cost for the payment of

compensation to all APs has been a major issue. PPL as a private business entity expects to receive

an adequate return on its investment and palm oil producers do not want to incur substantial losses.

Whereas the interests of the civil society groups while broadly developmental in nature are also to

ensure that safeguard policy and procedures are carried out as transparently as possible and APs are

not disadvantaged as a result of the land acquisition processes.

ii. Consultation and Participation Mechanisms

27. A variety of consultation and participation mechanisms have been utilized to prepare this

LA/RP. Village based consultation meetings involving both women and men from all clans living in the

village, whether customary landowners or migrants from other regions of PNG, were facilitated by

TIEP. A total of three consultation meetings were held in three different sites, These sites were the

Local Level government Chambers and villages in each LLG were invited to these sites to be part of

the meetings. The Project was introduced to meeting participants, the probable positive and possible

negative impacts explained, and land acquisition and other resettlement-based issues introduced.

Participants at the meeting used the opportunity to discuss among themselves and with the PPL Land

Officers. The TA Consultant used this opportunity to facilitate capacity building of PPL staff. A census

of the people living in the villages and a listing of property owned on the project site were carried out

during the period of April 24th to the 1

st of August 2013. These activities provided ample time for the

PPL team to interact with the villagers and to answer questions about the project that the villagers

raised.

28. .

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29. An important participation mechanism was to ensure consultations were undertaken at venues

and times that would not disadvantage women. Separate FDGs were facilitated with women to ensure

they understood the nature of the land acquisition processes, especially why it was necessary to clear

high value palm oil trees from the easement. Elected LLG representatives, most of whom are male,

played a key role in ensuring the participation of these groups and were aided by teaching staff at the

Buvussi Primary School and officers of OPIC.

iii. Activities Undertaken to Disseminate Project and Resettlement

Information

30. PPL has consulted APs and other stakeholders during project preparation utilizing the

following activities:

Community-based consultations

Facilitation of meetings with APs

Facilitation of FGD with women APs

Socio-economic Survey of women, men and youths APs

Inventory of Loss

Detailed Measurement Survey

Public Disclosure of the LA/RP.

31. Details of these key activities are included in the following table:

Table 4: Key Dissemination and Land Acquisition Information Activities

Total Number of Participants

Period of Activities

Nature of Activities

Outcomes of Activities

1,898 (including 1,025 females)

120 Females

1,537 (including 808 females)

21/04/13 to 01/05/13 On average, two days were spent per village collecting data for the census and property

listing. FGD were also conducted during this

time

Information Disseminated About

Project

Focus Group Discussions

Census of Affected Peoples

Stakeholders in Project Area made Aware of

Project

Discussion of Project Impacts on Women

Updated Database on

Affected Persons

544 (including 301 females)

120 (including 63

females)

110 (including 58 females)

02/05/13 to 01/07/13 On average, two days were spent per village collecting data for the census and property

listing. FGD were also conducted during this

time

IOL and DMS from Kimbe to Bialla

Securing MOU from Landowning Clans

Socio-Economic Survey of 20% of Affected Persons

(Households)

Losses quantified and included in LA/RP

Agreement reached to

alienate customary land

Able to conclude no

severely Affected Persons.

544 (including 301 females)

544 (including 301

females)

29/07/13 to 02/08/13 On average, two days were spent per village collecting data for the census and property

listing. FGD were also conducted during this

time

Disclosure of LA/RP to Affected Peoples

Agreement Reached

on Compensation Payments

Affected Persons Aware of Entitlements

Acceptance by

Affected Persons of Compensation

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iv. Results of Consultations with Affected Peoples

32. Most people consulted and surveyed at the village level are strongly supportive of the Project

because they are very interested in seeing improved energy connectivity. However, there are

important concerns that APs raised:

AP females expressed concern that only men would be offered employment and training to

work on the Project because government agencies were mostly run by men and government

officials think only men are capable of undertaking such work. PPL has made it quite clear that

women APs along with men APs will be accorded priority in employment where possible and

the contractor will also be encouraged to provide relevant training. It was explained by PPL

that there are some highly specialized tasks associated with the stringing of conductor cables

and only qualified technical personnel are capable of undertaking this. There are other tasks

such as for clearing trees and this will involve APs

Concern was expressed by women and men APs during consultations that the contractors

would not observe correct occupational and health safety standards during construction or

pay, local people the correct wages. It was explained to both women and men that the PPL is

bound by GoPNG labor laws to pay at least the legal minimum wage. Both women and men

hope that a civil society group will confirm that contractors do not breech these labor laws.

PPL explained that an EMP has been prepared and the important concerns raised by APs

have already been flagged and will be implemented during the Project.

Women especially expressed concern about the possible social risks that they would now

have to contend with as a result of the Project and the possible increase in HIV/AIDS. Women

also sought to have outside workers tested for HIV/AIDS and if tested positive to be rejected

for Project-based employment. It was explained that the Project would monitor the incidence

of sexual abuse and work with local councilors, law enforcement agencies, and groups of

concerned women to minimize this problem. In relation to HIV/AIDS it was explained that there

will be greater reliance on labor but that also the contractor will be required to implement an

HIV/AIDS awareness and prevention plan based on best practices targeted at all construction

workers. It was further explained to women that the Project could not discriminate against

workers living with HIV/AIDS.

v. Disclosure of the Draft Land Acquisition/Resettlement Plan

33. An edited version of this Draft Land Acquisition/Resettlement Plan has been disclosed to APs

at each of the three section sites in consultations lasting one day at each site from Sunday 21st April

until Friday 2nd

August and suggestions made as a result of these consultations have been included in

this draft document. To assist all APs a document referred to as Disclosure of Information to Affected

People on Land Acquisition (a copy of which is included as an attachment to the LA/RP) was made

available to all APs in Tok Pisin prior to the consultation meetings. The full LA/RP that will include the

names of all APs and the compensation they are entitled to will be made available in English, the

official language in PNG, in accessible public locations. Also each AP will be provided with a summary

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brochure in Tok Pisin once the ADB approves the LA/RP. This draft has been uploaded to the PPL

website (www.pngpower.com.pg) and will also be uploaded to the ADB website (www.adb.org). On

final approval by the ADB the LA/RP will be uploaded to both sites.

vi. Planned Information Disclosure Measures during Project

Implementation

34. It is not anticipated that any delay in the Project implementation will require a major updating

of the LA/RP. However, it is anticipated that the delay in the implementation of the project would mean

that the costs of the land acquired and the assets would increase, therefore the section in the LA/RP

that relates to the compensation of land and property owners will be updated by PPL to ensure that

APs are paid fair compensation. PPL will ensure that APs are informed of such changes in

compensation payment levels.

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F. Grievance Redress Mechanism

PPL has established a grievance redress mechanism to receive and address Project related concerns

and to resolve land related disputes that may arise during Project implementation. PPL has informed

APs about the process involved in the grievance redress mechanism. See Appendix for more details.

With regard to land disputes, the Land Disputes Settlement Act 2000 allows this dispute to be legally

contested in a court of law. PPL also anticipates that most grievances related to compensation will be

resolved through traditional mediation processes, PPL, however, understands that this traditional

mediation network however, may not be available to APs who are not originally from West New Britain.

In regard to disputes over land,

35. The Project in collaboration with the West New Britain Provincial Lands Officer, who may be

assisted by District Land Officers and elected LLG representatives, has instituted a process to resolve

disputes and grievances based on the accepted procedures of mediation. As required traditional clan

leaders and other appointed leaders will facilitate processes to ensure a satisfactory resolution of

issues at the local level. The latter are more important for non-indigenous APs.

36. In general it is anticipated that customary mediation will yield satisfactory results although

every attempt will be made to ensure that women APs and non-indigenous APs, irrespective of

traditional constraints, will be included and not excluded from the mediation processes outlined here.

However, it also needs to be noted that this process varies from clan to clan and PPL will ensure that

irrespective of these differences women APs concerns will be fully addressed.

37. APs can also lodge a complaint with the PMU in Port Moresby. Despite the distance from Port

Moresby the Project Safeguards Staff and Project Supervision Consultants will assist APs in

registering their complaints with the PMU. This will include assisting aggrieved APs to prepare their

specific grievance and the PMU Project Manager will consider the complaint and within 15 working

days convey a decision to the APs. The Safeguards Staff as well as local government officials will

assist the Project Manager in reviewing and addressing the complaint. The Safeguards Team will also

facilitate communication between the APs and PMU in this process. If the APs are not satisfied with

the PMU’s decision, they may then take the grievance to the PNG judicial system.

38. If the grievance is to be taken to the PNG judicial system as per the Land Disputes Settlement

Act 2000 the following three steps will be adhered to:

(i) Local Land Court: the case is heard before the Local Court Magistrate for

determination. If the litigants are not successful, they may appeal to a higher court.

(ii) District Land Court: the case is heard before a District land Court Magistrate. If the

litigants are not successful, they may appear to a higher court.

(iii) Provincial Land Court: the case is heard before the Provincial Land Court whose

decision is final.

39. It needs to be noted that if recourse to the PNG judicial system is necessary because of the

failure of all other means of grievance redress and the courts at any stage find in favor of the litigants

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all costs associated with this form of dispute resolution will need to be paid by the Project. Therefore

this process should only be used as a very last resort.

40. In the event of grievances that cannot be resolved through legal redress, PPL and DLO will

hold the compensation amounts in escrow. Compensation will be paid in full upon final resolution of

the case via other forums in accordance with the entitlements of the affected persons.

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G. Legal Framework

i. National and Local Laws and ADB Policy Requirements

41. The policy framework and resettlement entitlements are based on the laws and regulations of the

GoPNG and the ADB’s safeguard policy. The principal PNG laws include: (i) the 1996 Land Act;

and, (ii) the 2000 Land Disputes Settlement Act. Relevant ADB policies include the 2009

Safeguard Policy Statement and the 2003 Gender and Development Policy and Public

Communication Policy 2011.

42. GoPNG does not have any specific policies at the national, provincial or local level for

relocating and resettling people. This however, is not relevant in the project area because no person

will be relocated or resettled. GoPNG has policies related to the acquisition of land and assets by the

State for public purposes (eminent domain). This together with customary lands and related legal

procedures, compensation payable, and the legally defined procedures for receiving and facilitating

the resolution of affected persons’ concerns and grievances are all incorporated in the Land Act of

1996.

43. The Act covers customary land rights, which includes land owned, used or occupied by a

person or community in accordance with current customary usage. Access to land and resources is

embedded in social relationships and expressed as customary land rights to utilize resources. Small

clan-based groups live in the villages, managing their own resources, and exercising the right to utilize

them. These groups (clans which are composed of sub-clans, lineage groups, and at the lowest level

extended households) are typically made up of “primary right holders”, these persons are using known

as the leaders of the group who collectively have the authority to allocate use rights through their

spokesperson. The other members of these groups or clans typically possesses “secondary rights”

because their rights to the land may have been inherited from a primary rights holder through

marriage, that is they are either married to a primary right holder or as a child or an adopted child of

the primary rights holder.

44. ADB 2009 SPS includes the following policy principles of relevance to a project of this nature

that does not involve the physical displacement of affected persons but rather the payment of

compensation to APs who lose productive assets and to a very minor extent land:

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Table 5: LA/RP Measures Prepared by PPL to Ensure Compliance with ADB SPS 2009

Screen the Project early on to identify past, present, and future involuntary resettlement impacts and risks.

Carry out meaningful consultations with

affected persons, host communities, and concerned non-governmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Improve or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land-based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (ii) prompt replacement of assets with access to assets of equal or higher value; (iii) prompt compensation at full replacement cost for assets that cannot be restored; and, (iv) additional revenues and services through benefit sharing schemes where possible.

Provide physically and displaced persons with needed assistance, including the following: (i) secure land use tenure on land identified for new garden sites and (ii) if necessary transitional support and development assistance such as land development, credit facilities, training, or employment opportunities.

Improve the standards of living of the

displaced poor and other vulnerable groups, including women, to at least national minimum standards and provide access to land and other resources that is both legal and affordable.

PPL has devoted considerable resources, including the mobilization of one of its Port Moresby Land Officers to the Project site since December 2012. He has been assisted for upwards of two months during April and May by other PPL staff.

This LA/RP addresses this policy principle. As per the LA/RP several rounds of consultations have been facilitated with APs. Their ideas on Project design, especially to minimize the loss of productive assets have been taken into serious consideration by PPL. Via the SES and a series of participatory based consultations PPL has determined there are no vulnerable groups affected by this Project. A grievance redress mechanism has been prepared by PPL and incorporated in this LA/RP to ensure APs can seek effective redress.

The main issue here related to the prompt

payment of compensation at full replacement (loss) cost and PPL has worked very closely with APs and other experts to ensure the process has been transparent and fair to all APs. The other issues have been assessed by PPL and accepted by all APs as not been relevant to this Project.

There are no physically displaced persons in

this Project or severely affected persons but PPL via the associated Project (Improved Energy Access for Rural Communities) will ensure all APs will be connected to the grid and some waged employment opportunities as per the EMP will be provided. This is not a issue for this Project even taking into account the ADB definition of APs (includes those physically or economically displaced or involuntary restrictions on land use) because economic displacement (loss of land is minimal and asset loss is adequately compensated) and the involuntary restrictions on land use necessitated by safety considerations will not result according to PPL analysis in

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Develop procedures in a transparent,

consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation of loss of non-land assets.

Prepare a draft resettlement plan and

disclose a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. This has been complied with as per this Draft LA/RP. Pay compensation and provide other resettlement entitlements before physical or economic displacement and implement the resettlement plan under close supervision throughout project implementation.

Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring and disclose these monitoring results.

diminished living standards.

There are no negotiated settlements except with New Britain Palm Oil Limitedand PPL has conducted these negotiations in accordance with both PPL and ADB policy.

APs in the existing road easement do not

have recognizable legal rights to this land but PPL will compensate them for the loss of trees, vegetation and crops of economic value.

This has been complied with by PPL as per

this LA/RP.

This will be complied with by PPL as per this

LA/RP Relevant outcomes as per the LA/RP will be

monitored by PPL and APs have the right to mobilize independent monitors to be paid by PPL if there are major disputes vis-à-vis land acquisition process outcomes.

45. The ADB’s 2009 SPS also states that where there are indigenous peoples their identity,

dignity, human rights, livelihood systems, and cultural uniqueness must be safeguarded so they can

receive culturally appropriate social and economic benefits. In the project area, all APS whether they

are customary land owners or settlers are indigenous citizens of PNG even though the settlers have

originated from other regions of PNG. Hence, they will be accorded equal compensation and also to

be able to access electricity as a benefit of the Project.

46. The other policy of relevance to this Project is the ADB’s 2003 Policy on Gender and

Development, which requires that all ADB financed projects ensure where possible and practicable

special design features and strategies will be built into projects to facilitate and encourage women’s

involvement and ensure tangible benefits for women.

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47. There are some gaps between GoPNG policies and procedures and those of the ADB. The

main gaps relate to (i) carrying out meaningful consultations that also ensure people living below the

poverty line, the landless, elderly, women and children are consulted; (ii) requirement to improve or at

least restore livelihoods of all displaced persons by ensuring the full replacement costs for assets lost

is paid; (iii) provision of economically displaced persons with necessary assistance to improve upon or

restore their existing livelihoods at least to national minimum standards of living; (iv) ensuring that

displaced persons without recognizable rights to land are eligible for compensation for loss of non-land

assets; and, (v) monitoring and assessment of resettlement outcomes.

Table 6: Comparison of GoPNG Law and ADB Policy and Gap-Filling Measures

ADB SPS Requirements on Involuntary Resettlement

PNG Laws on LA/RP

Equivalence or Gaps

between ADB SPS and PNG

Laws

Gap-filling Measures

Avoid involuntary resettlement wherever

possible. Minimize involuntary resettlement by

exploring project and design alternatives.

The National Constitution (NC) National Goal 5(4)

calls for ‘traditional villages and communities to

remain as viable units of Papua New Guinean society’. Section 53

protects citizens from ‘unjust deprivation of

property’ by limiting the justification for compulsory

acquisition by the State.

No explicit reference to the

need for avoidance or minimizing

resettlement impacts.

The LA/RP includes measures on

avoiding/minimizing land acquisition.

Enhance, or at least restore, the livelihoods of all

displaced persons in real terms relative to pre-project

levels. Improve the standards of living of the displaced poor and other

vulnerable groups.

General principles of compensation for damage or destruction of physical and economic assets are set out in NC s.53, Land

Act (LA) s.23.

PNG Laws do not prescribe measures of replacement

cost or restore/improve

standard of living.

The LA/RP includes measures on compensation

at replacement cost for affected assets and to restore/improve living

standard of APs.

Screen the project early on to identify past, present, and future involuntary

resettlement impacts and risks. Determine the scope

of resettlement planning through a survey and/or

census of displaced persons, including a gender analysis, specifically related to resettlement impacts and

risks.

LA/RP sets out the process for Land

Investigation Report which includes identification of affected clans/tribes and

their assets.

No specific requirements

for census, cut-off date, impact

assessment and

resettlement planning.

The LA/RP includes measures on survey/census, cut-off-date, assessment of impacts and resettlement

planning.

Carry out meaningful consultations with APs, host communities, and

concerned NGOs. Inform all displaced persons of their

entitlements and resettlement options.

NC National Goal 2(9) calls for every citizen to be able to participate, either

directly or through a representative, in the consideration of any matter affecting his

No specific provisions

for preparing and

implementing RP based on meaningful

The LA/RP includes measures on consultations

with APs, including vulnerable groups, during

preparation and implementation of LA/RP.

Document includes specific

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ADB SPS Requirements on Involuntary Resettlement

PNG Laws on LA/RP

Equivalence or Gaps

between ADB SPS and PNG

Laws

Gap-filling Measures

Ensure their participation in planning, implementation,

and monitoring and evaluation of resettlement

programmes. Pay particular attention to the needs of

vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous

Peoples, and those without legal title to land, and

ensure their participation in consultations.

interests or the interests of his community.

consultations with APs,

including the poor, the landless,

elderly, women, and other vulnerable

groups

consultation, information and participation measures.

Establish a grievance redress mechanism to receive and facilitate

resolution of the affected persons’ concerns. Support

the social and cultural institutions of displaced persons and their host

population. Where involuntary resettlement

impacts and risks are highly complex and sensitive,

compensation and resettlement decisions

should be preceded by a social preparation phase.

Land Disputes Settlement Act provides for measures on resolution of disputes and grievances through both local mediation as well as court process.

No requirements for a project-

specific grievance redress

mechanism.

No specific requirement for

a social preparation phase for

highly complex and sensitive

projects.

The LA/RP includes measures on project-specific

grievance redress mechanism.

The Program is not expected to involve highly complex and sensitive projects, so it is not needed to have a separate

phase.

Improve, or at least restore, the livelihoods of all

displaced persons through (i) land-based resettlement strategies when affected

livelihoods are land based where possible or cash

compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of

assets with access to assets of equal or higher

value, (iii) prompt compensation at full

replacement cost for assets that cannot be restored,

and (iv) additional revenues and services through

benefit sharing schemes where possible.

Principles of compensation set out in NC s.53, LA

s.23.

No specific requirement for

land-based resettlement,

replacement of assets,

compensation at replacement

cost, and benefit sharing.

The LA/RP includes measures of on-site

relocation/replacement of affected structures,

compensation at replacement cost for affected assets on

additional land and priority of project employment to APs.

Provide physically and economically displaced persons with needed

PNG allow people eligible for compensation to

receive their entitlements

PNG laws have no specific

provisions on

The LA/RP includes measures on-site relocation of affected structures to the

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ADB SPS Requirements on Involuntary Resettlement

PNG Laws on LA/RP

Equivalence or Gaps

between ADB SPS and PNG

Laws

Gap-filling Measures

assistance, including the following: (i) if there is

relocation, secured tenure to relocation land, better housing at resettlement sites with comparable

access to employment and production opportunities, integration of resettled

persons economically and socially into their host

communities, and extension of project benefits to host

communities; (ii) transitional support and development assistance, such as land

development, credit facilities, training, or

employment opportunities; and (iii) civic infrastructure

and community services, as required.

in cash. relocation, transitional support and

civil infrastructure and services.

adjoining land

Improve the standards of living of the displaced poor

and other vulnerable groups, including women,

to at least national minimum standards. In rural

areas provide them with legal and affordable access to land and resources, and

in urban areas provide them with appropriate

income sources and legal and affordable access to

adequate housing.

NC and LA include general principles of compensation

for damages or losses.

PNG Laws do not prescribe measures on

improvement of living standard and restoration of livelihoods.

No specific measures are required for this Project as

the impacts on APs livelihoods are very minimal.

Develop procedures in a transparent, consistent, and

equitable manner if land acquisition is through

negotiated settlement to ensure that those people who enter into negotiated settlements will maintain

the same or better income and livelihood status.

NC National Goal 2(9) calls for ‘every citizen to be able to participate,

either directly or through a representative, in the consideration of any matter affecting his

interests or the interests of his community’.

LA sets out procedures for outright purchase or lease.

The Land Group

Incorporation Act and Voluntary Customary Land

Registration Act enable incorporation of land

groups and to register

PNG Laws do not specifically require third-

party verification of

negotiated agreement.

The LA/RP describes procedures for the

negotiation on use of additional land with

landowner groups through memoranda of agreements (MOAs) to be verified by a third-party. The MOA’s will be signed with respective

landowner groups.

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ADB SPS Requirements on Involuntary Resettlement

PNG Laws on LA/RP

Equivalence or Gaps

between ADB SPS and PNG

Laws

Gap-filling Measures

titles to customary land. These laws allow

negotiated lease or transfer of such land.

The Fairness of

Transaction Act sets out rules on fairness of

transactions. Ensure that displaced

persons without titles to land or any recognizable legal rights to land are eligible for resettlement

assistance and compensation for loss of no

land assets

LA s.13-15 provides some entitlement to

compensation to any people with ‘an interest’ in land over which the State

exercises its power of compulsory acquisition.

PNG Laws do not provide

entitlement to non-titleholders

who do not have legal interest on

land.

The entitlement matrix for the project provides for

resettlement assistance and compensation for non-land

assets to non-titled APs without legal interest.

Prepare a resettlement plan elaborating on displaced persons’ entitlements, the

income and livelihood restoration strategy,

institutional arrangements, monitoring and reporting framework, budget, and

time-bound implementation schedule.

NC National Goal 2(3) calls for ‘every effort to be

made to achieve an equitable distribution of

incomes and other benefits of development among individuals and throughout the various parts of the country’.

PNG Laws have no

provision of preparing RP.

The LA/RP has been prepared in accordance with ADB SPS requirements but

there is no physical displacement nor severely impacted APs and hence physical resettlement and

income and livelihood restoration are not relevant

Disclose a draft resettlement plan, including

documentation of the consultation process in a

timely manner, before project appraisal, in an

accessible place and a form and language(s)

understandable to affected persons and other

stakeholders. Disclose the final resettlement plan and

its updates to affected persons and other

stakeholders.

NC National Goal 2(9) calls for ‘every citizen to be able to participate,

either directly or through a representative, in the consideration of any matter affecting his

interests or the interests of his community’.

No specific requirements

on disclosures.

The LA/RP includes disclosure measures,

including posting on PPL and ADB websites and clan leaders/APs have been

provided with the summary LA/RP and information

brochures also in their local language. .

Conceive and execute involuntary resettlement as

part of a development project or programme. Include the full costs of

resettlement in the presentation of project’s costs and benefits. For a

project with significant involuntary resettlement

impacts, consider implementing the

involuntary resettlement component of the project as

No equivalent provision Gap. Land acquisition costs will be included and financed out of

the project cost.

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ADB SPS Requirements on Involuntary Resettlement

PNG Laws on LA/RP

Equivalence or Gaps

between ADB SPS and PNG

Laws

Gap-filling Measures

a stand-alone operation. Pay compensation and

provide other resettlement entitlements before physical or economic displacement. Implement the resettlement

plan under close supervision throughout project implementation.

No equivalent provision Gap. The LA/RP includes measures on payment of compensation for affected assets before start of civil

works on affected land. It also includes an implementation

schedule.

Monitor and assess resettlement outcomes,

their impacts on the standards of living of

displaced persons, and whether the objectives of

the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

No equivalent provision Gap. The LA/RP includes monitoring measures,

including requirements of semi-annual safeguard

monitoring report by EA and if necessary third party

monitoring.

ii. Resettlement Policy Principles for the Project

48. PPL as the EA that has prepared this LA/RP unequivocally states that it will abide by national

and local laws applicable to resettlement and the policy requirements of the ADB. Specifically PPL

states that it will ensure affected landowners will be paid fair compensation for land and other

productive assets acquired at agreed upon replacement cost, be responsive to grievance processes

and act in an accountable and transparent manner, and will ensure that women will also be entitled to

benefit during the resettlement processes. The principles on land acquisition, compensation and

resettlement that PPL will commit itself to in the West New Britain include:

Land acquisition and resettlement will be minimized through careful engineering design during

detailed design although in accordance with PPL and Department of Works policy on roads

and transmission lines for electricity. A 20 meter ROW will be acquired. As this transmission

line is situated next to the Kimbe-Bialla Highway, the main loss that will be experienced is the

loss of resources such oil palm trees and other fruit and vegetation will be experienced by the

communities who live along this project area. Property such as houses, schools, churches and

other infrastructure will not be affected. APs will also be consulted during the project cycle.

This LA/RP will be updated with full participation of the APs. Effective mechanisms will be

established for hearing and resolving grievances.

APs will receive compensation at replacement cost for their loss of productive assets and this

should ensure they will be well off if not better off than if the Project did not proceed.

All compensation will be fully paid to APs prior to the commencement of site clearance.

Absence of formal title is not a barrier to compensation and assistance and particular attention

will be paid to women and other vulnerable people.

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Land acquisition via a PPL prepared Deed of Release is part of the Project. Costs related to

this form of involuntary resettlement will be included in and financed out of the Project cost as

part of the overall investment made by PPL.

The impacts of the TL, including unforeseen losses and damages that may occur during TL

stringing will be carefully monitored and remedial steps taken as required.

iii. Principles and Methodologies for Determining Valuations and

Compensation Rates

49. PPL recognizes that affected landowners and land-users are entitled to provide an estimate of

the value of their land that will be acquired and other productive assets that will be lost because of the

Project requirements. This is because market conditions for the replacement of land are largely

absent. PPL requested the Valuer-General to provide a valuation of land costs and other productive

assets based on accepted replacement costs, which would need to include (i) adequate information

about any recent land transactions; (ii) land value by types; (iii) cropping patterns and crop production;

and, (iv) availability of land in the Project areas. Compensation payable would have been based on

either 2012 or 2013 market values not the prevailing 2008 replacement cost schedule of the Valuer-

General. However, the Valuer-General declined to provide this service arguing it only provides such

services to public sector entities. Thus PPL decided to apply best practice principles and

methodologies for determining valuations and compensation rates. Appendix ii provides details of the

PPL approach. PPL however, may need to update this section as the Valuer-General has announced

that it would release a new schedule in December 2013.

iv. Description of Land Acquisition Process

50. Based on the 1996 Land Act PPL in the West New Britain Province applied the following

procedures when acquiring portions of land for transmission poles from customary landholders:

The first step would be to survey the land. PPL hired surveyors to determine boundaries,

location, size and area of the land to be acquired in accordance with the detailed design of the

TL.

The state is then notified of why the land had been surveyed. PPL notified the Office of

Provincial Administration (OPA) in the West New Britain Province of its intention to proceed

with investigations for land acquisition.

The first step in acquiring the land begins and community consultations is carried out and

information gathered is compiled into a Land Investigation Report. PPL has prepared a Land

Investigation Report (LIR) including ownership genealogy, rights and interests held in the land,

and, estimated value of improvements to land in consultation with the landowners, other

relevant government offices (notably OPIC) and the private sector (NBPOL).

As part of formalities, the state, in this case, the provincial government is informed about the

outcome of the community consultations and meetings. The LIR has been submitted to the

OPA in West New Britain Province for its recommendation for the surveyed land to be

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alienated. The OPA will prepare a certificate of alienability confirming that there is no

impediment to land acquisition.

This same report is also given to the Valuer-General in order for valuation of assets to be

made. Unlike other LIRs this LIR was not sent to the Valuer-General because the latter would

not make a commitment to approve valuation of assets to be acquired and as pointed out

elsewhere in this LA/RP it was decided by PPL to undertake its own valuation and secure the

assent of APs.

Once feedback is received from the Provincial government and the Valuer General, paper

work needed to acquire the land begins. PPL will receive the valuation report and certificate of

alienability, raises cheques and prepare purchase documents. The signed documents are sent

to OPA in West New Britain for its concurrence although PPL is responsible for payment.

The final step towards acquiring the land is negotiating with the communities on the price of

the land that will be acquired. GoPNG may assist with this process should landowners reject

the offer from the developers. PPL makes the offer to the landowners. The forms are executed

and money is handed over in accordance with the requirements of the landowners. If rejected,

it then goes to the Minister of Lands for a negotiated settlement.

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H. Entitlements, Assistance and Benefits

i. Affected Person’s Entitlements and Eligibility

51. PPL has consulted with the affected clans and undertaken a detailed land survey and investigation

of actual land ownership in coordination with the District Land Officers

52.

53. (DLOs) to collect relevant information. The land investigation report prepared in conjunction with

the PPL Lands Officer that were submitted to PPL on the 1st of July 2013 is the “cut-off” dates for

eligibility for compensation and any rehabilitation assistance.

Persons that are not covered in the census, which is included in the LIR are not eligible for

compensation and other entitlements, unless they can show proof that (i) they have been inadvertently

missed out during the census and the IOL; or (ii) they have lawfully acquired the affected assets

following completion of the census and the IOL and prior to the conduct of the detailed measurement

survey (DMS). Any person or group that occupies or uses the land identified for the Project after the

cut-off date will not be eligible for any compensation and/or assistance. They will be required to move

from the land as per the provisions of the Land Act. ID cards for adult APs based on full census

undertaken by PPL have been issued to all adult APs and will be used to identify APs when payment

of compensation monies is made by PPL.

Landowners and land users should be able to show either documented claims to the affected

land or are able to demonstrate that this land belongs to them. Unless, this is deemed

satisfactory by DLO, this claim will be rejected.

Landowners and land users who have satisfied the DLO that they either have documented

claims to the affected land and/or other productive assets or through the DLO investigation

can demonstrate that they are the rightful owners or users will receive compensation for land

acquired by the Project. Those APs who cannot satisfy the DLO that they are the rightful users

but are using the land anyway will receive compensation for productive assets attached to the

land and other assistance as required.

54. Eligibility and entitlement for compensation and other assistance is summarized in the

following Entitlement Matrix:

Table7: Entitlement Matrix

Type of Impact Entitled Person (s) Entitlements

Permanent acquisition

of land.

Legal owner(s), including

customary landowners

Informal settlers (e.g. on

land acquired as part of

ROW) with no legalizable

rights

Landowners will be provided equivalent size

and quality of land, or cash compensation at

replacement cost.

APs will be provided compensation only for

their damaged crops, trees, and structures

on project-affected land

Temporary use of land. Legal owner(s) of land, Landowners will be paid rent on terms

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including customary

landowners

negotiated between them and the contractor.

Permanent Clearance

of Necessary Trees

and other Vegetation

Customary land owners and

leaseholders if lease not

expired prior to

commencement of land

clearance.

APs will be given notice to harvest crops and

trees before site clearance or removal from

required land. If APs are not able to harvest,

they will be paid cash compensation at

replacement cost. In case of perennial crops

and trees, the compensation will also include

loss of income for a period until new crops or

trees produce an equivalent income.

Unforeseen or

unintended impacts

Concerned displaced

persons

These will be determined as per the

principles of this RP and ADB’s Safeguard

Policy.

55. It should be noted that the Entitlement Matrix attached as an Appendix to this LA/RP also

includes health and employment impacts. These impacts are inter-connected with the EMP and were

included as part of the disclosure of information to APs on Land Acquisition.

ii. Assistance to Vulnerable Groups

56. The SES undertaken for this LA/RP indicates there are no APs that can definitively be

classified as vulnerable. However, if it emerges that there are vulnerable APs then the LA/RP will

requires that the successful contractor must undertake to employ at least one member from each AP

household on construction-related activities on a full-time basis.. This will be a requirement in the

bidding documents that will be prepared for this Contract Package

iii. Opportunities for Affected Persons to Derive Appropriate Development

Benefits

57. There are a number of quantifiable and non-quantifiable development benefits for APs.

Benefits include:

Employment opportunities: APs engaged by the contractors could receive a stable waged

income over 18 months.

This could be an opportunity for APs to acquire some non-agricultural skills without having to

leave the local community.

Equal opportunities for Women: Women will be offered the same types of employment-based

opportunities as men. They will also be able to actively participate alongside men in other land

acquisition-based activities. Such involvement of women could indirectly impact upon the

structures of male domination in traditional PNG society.

Social risks associated with HIV and AIDS and other STIs will be mitigated to a large extent by

employing as many local people on TL construction activities. People will also benefit from the

training and awareness on protecting themselves from HIV and AIDS that PPL will carry out in

the area.

There will be opportunities to earn money from provide a range of goods and services to

outside TL construction workers.

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The long term benefit of the TL is that the people will have access to enhanced energy

connectivity, hence their ability to have improved market links and access to a wider range of

goods and services.

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I. Relocation of Physical Structures

58. There are no physical structures that need to be relocated.

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J. Income Restoration and Rehabilitation

i. Possible Livelihood Risks

59. The possible livelihood risks have been identified elsewhere in this RP relate to the reliance of

the West New Britain economy on plantation agriculture. Demand for palm oil has skyrocketed for

three years from 2010-12 but export destination markets, notably China, have either reduced their

imports of processed palm oil from PNG or have forced producers including NBPOL to lower prices/

This trend looks to continue for the foreseeable future. However, this possible livelihood risk is not

directly related to the Project and indeed with compensation money paid for cleared palm oil trees APs

will have the opportunity to diversify investment into other alternative livelihood-based activities.

ii. Income Restoration Program

60. The only APs that are entitled to assistance for income restoration are the 102 APs that lay

claim to customary land that will be acquired by the Project. They have been offered the opportunity

by PPL to plant an equivalent area in palm oil to recoup downstream lost income. PPL will support

APs to purchase high-yielding seeds, the cost of seeding, holing and planting. Costs are estimated to

cost approximately PGK 90,000. After 24 months, the APs will be responsible for all input costs

including the provision of their own labor. However, OPIC in conjunction with NBPOL will provide

extension outreach services to ensure production yields increase from a current average of 10-15 tons

per hectare to in excess of 25-30 tons per hectare. This quantifiable increase that will be closely

monitored will ensure incomes are at 2013 levels (FFB price for palm oil kernel purchased by NBPOL)

from smallholders will increase by upwards of 25% on a weighted annual basis for a period of at least

23 years (average life of typical high-yielding palm oil tree).

iii. Special Measures to Support Vulnerable Groups

61. Women APs want to ensure that their safety and security are not compromised any more than

they are at present, although all women APs who participated in consultations during field-based

resettlement planning argued an influx of outside labor posed more of a threat to their safety and

security than exist at present from clan and non-clan males. As stated elsewhere in this LA/RP the

EMP contains measures to mitigate such social risks.

iv. Specific Gender Considerations

62. PPL recognizes that specific gender considerations apply to all energy projects it executes

and manages. The measures proposed in this LA/RP to enhance the positive impact of the Project on

women APs and other women living in the Project area are as follows:

Iterative consultations with women at all stages of the Project cycle and importantly in the

preparation of the LA/RP.

Facilitating processes whereby women APs can lodge grievances with PPL and ultimately

ADB if they are dissatisfied with any aspects of the LA/RP.

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Ensuring that women APs are offered priority wage employment on the Project and are

afforded equal pay and on-the-job training opportunities.

Addressing concerns women APs might have with safety and security issues in contexts

where they have to relocate their gardening activities.

Ensuring that socio-economic data is gender disaggregated to analyze impacts at the intra-

household and inter-household level.

v. Suggested Training Programs

63. APs that will be offered priority employment on the Project will be provided with on-the-job

training by the contractor as part of her/his condition. Such training will include but not be restricted to

activities such as concreting, welding, and stringing TL cables taking into account occupational health

and safety issues and the lack of real experience by most APs, especially women APs. The contractor

will also be required to offer practical training in TL maintenance to APs as PPL is considering the

employment of local communities to undertake routine maintenance on PPL TL assets. Such

provisions will be incorporated into the bidding documents during detailed design.

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K. Resettlement Budget and Financing Plan

i. Itemized Budget for Resettlement Activities

64. The budget for land acquisition activities has been determined although replacement costs for

palm oil trees has yet to be disclosed to APs because PPL is in the process of forging a common

replacement cost index with the palm oil industry. The only outstanding issue is whether PPL and

Lake Hargy Customary Landowners can reach an amicable agreement as to how much annual rent

and the extent that PPL is prepared to support other activities. As per the Due Diligence Report

prepared by PPL this agreement has been reached and an MOA is included as an Appendix to this

LA/RP. It must be considered that this MOA is binding for the length of the MOA and PPL will entertain

no further claims from the affected customary landowners who claim traditional riparian rights to this

water body.

65. PPL after a review of the evidence presented in the RCS by the International Resettlement

Specialist and after extensive discussions with a range of other stakeholders including the Valuer-

General, Chamber of Mines and most importantly New Britain Palm Oil Company (the principal buyer

of palm oil kernel from smallholders and also an AP) has decided that fair compensation would be

PGK26 per palm oil per year of its productive life. As most palm oil has a productive life of up to 25

years an oil palm with 25 years of productive life remaining would be compensated at PGK 650

whereas one with only one year left would be compensated at the rate of PGK 26 only). Based on the

IOL and DMS it has been calculated by PPL that the average palm oil has 10 years of productive life

remaining. As there are an estimated 8,230 palm oil this means the total compensation payable will be

PGK 2,139,800.

Table 8: Estimated Land Acquisition Budget

Total land to be acquired 6.0 (ha)

No of Affected

Persons/HHs

1,537 (Female:788)

(272)

No of Persons

Requiring Income

Restoration

102 (Female:56)

PGK90,000

Estimated Value

of Land to be Acquired

PGK63,750

Palm Oil Trees PGK2,139,800

Other Trees of Commercial

Value

PGK1,064,238

Food Crops PGK266,059

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Total Amount of

Compensation and Other

Allowances Payable

PGK3,623,847 (USD1,401,116.22)3

Source: PPL Calculations (November 2013)

66. This budget exceeds PPL estimates by more than two-thirds because PPL based its preliminary

estimates on the PPTA that was accepted by the ADB but unfortunately the PPTA Consultants at

the time did not focus adequately on the cost implications of the high-value palm oil that would

needed to be cleared.

ii. Flow of Funds

67. Funds for land or other productive assets to be acquired are paid directly to APs by PPL. This

will ensure considerably greater accountability and transparency than being disbursed by other

means. Payment for temporary acquisition of land is made directly by the contractor to local APs

based on an agreement between the two parties as to the actual amount. This will not involve the PPL

or other parties unless APs are dissatisfied with the amounts offered by the contractor.

iii. Justification for Calculating Compensation Rates and Other Cost

Estimates

68. Compensation rates have been based on a methodology prepared by PPL with the assistance of

the Land Acquisition Consultant, especially in relation to valuation of high-value palm oil trees

because the Land Acquisition Consultant has more experience in this field from Mainland SE Asia

than local registered asset valuation specialists and DSC have a greater understanding of

international commodity markets. The full justification for calculating these compensation rates

and other cost estimates are detailed in Appendix II to this LA/RP. However, prior to full disclosure

to APs it is necessary for PPL to ensure that its estimates are accepted by the palm oil industry

because this may set precedence for similar costs in other provinces.

iv. Sources of Financing

69. PPL is financially responsible for all resettlement activities as the ADB has not agreed to

finance such activities. The contract signed between PPL and the Project Supervision

Consultant includes four person months for the TA Resettlement Specialist of which four field

visits totaling 20 person days has been spent in the actual Project area. PPL has devoted a

total of six (6) person months to this specific Project and it is estimated that during

implementation another three (3) person months will be provided by PPL specifically

earmarked for LA/RP implementation including monitoring.

3

Calculated on 22/ 11/ 2013 when US$1 was equal to 2.586PGK

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L. Institutional Arrangements

i. Responsibilities and Mechanisms for Carrying out LA/RP

PPL will be both the Executing and Implementing Agency for this Project and it will delegate to PPL in

West New Britain Province to oversee day-to-day activities related to land acquisition and loss of other

productive assets. These activities have included to date:

Collaboration with and assistance to the District Land Officer to undertake their work to comply

the Project’s policies and ADB requirements.

Provision of resources, including where necessary PPL expertise or contracted expertise, to

carry out the Inventory of Loss (IOL) and Detailed Measurement Survey (DMS).

Collaboration with and assistance to the Provincial Land Officer and/or District Land Officer for

negotiations and agreements with affected landowners or land-users.

Facilitation of consultations with affected communities and ensuring that all stakeholders are

informed about the Project, its policies and procedures; ensure that all requirements

concerning public disclosure of the provisions for land acquisition and compensation; and,

overseeing and monitoring the grievance redress process.

Reviewing and endorsing the draft LA/RP prior to submission to the ADB for approval,

ensuring that all matters related to land acquisition and other forms of compensation are

complete and correctly reported upon.

These activities will include:

Monitoring the process of allocation and disbursal of funds for compensation at both the

national and provincial levels and ensure that funds are available and compensation is paid in

a timely manner.

Undertake all other activities including the monitoring of land acquisition and other productive

assets’ activities.

70. OPA, including the PLO and DLO will collaborate with PPL to plan, implement, and monitor

land acquisition activities. The responsibilities include:

Undertake cadastral surveys of land required permanently for the Project and estimate the

area of land required for temporary acquisition by the Project.

Negotiate and sign a Memorandum of Agreement for the acquisition/use of customary land

with the clan leaders and affected landowners and/or land-users.

Negotiate and sign leases for temporary use of land required for the three bridges although

this might be varied by authorizing the successful contractor to undertake this activity.

Consult with and advise affected communities about the Project, the policies and procedures

when land is required and the rights and responsibilities of directly affected people and other

indirectly affected peoples.

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71. The Provincial Governor and/or Provincial Administrator are responsible to ensure that all PPL

funds are allocated and disbursed to pay compensation. The payment of these funds will be made by

PPL. Local Level Government Ward Councilors will facilitate all consultations with local communities,

affected people, and other stakeholders. They will be responsible for collaborating with PPL to

organize and carry out these consultations.

ii. Institutional Capacity Building Program

72. During the PPTA it was concluded by PPL in Port Moresby that its staff who would be involved

in implementing this LA/RP require more training in the ADB’s social safeguard policies and

procedures because this Project will be the first one to be implemented by PPL after the 2009

Safeguard Policy Statement became operational in January 2010. It is also considered necessary by

PPL to review GoPNG policies and procedures for the acquisition of land and other forms of

involuntary resettlement. Finally, while some PPL staff has limited training in survey tools and

techniques that are necessary to prepare a LA/RP it was assessed that there would still be

considerable room for improvement.

73. A Lands Officer from PPL has been assigned within the PMU based in Port Moresby to

implement the LA/RP. This Lands Officer will be supported on a day-to-day basis by the PPL Office in

Kimbe. It is the intention of PPL that the Lands Officer will be assigned to the Project area if and when

required taking into account that all PPL Lands Officers are responsible for more than one investment

program. The Project will also provide consultancy support via a Safeguards Specialist to build

capacity within PPL and local governments to prepare, implement, and monitor the LA/RP.

iii. Role of Civil Society Groups

74. While there are some civil society groups in the Project area most of them are religious-based

and are less than satisfactory for the purposes required as part of the LA/RP. However, there are at

least two Port Moresby based NGO groups - Center for Environment, Law and Community Rights

(CELCOR) and Environment Law Center (ELC) - that are non-sectarian in nature and have a good

understanding of both gender and indigenous people’s development issues and are better able to

work more effectively with local communities than other NGOs: they are also more cost effective.

Another NGO that PPL may approach in the near future is Mahona Nadari. This NGO however will

need to be checked out by PPL to ensure that they are an appropriate organization for us to work with.

PPL intends to undertake the monitoring itself but if APs feel PPL is less than diligent the latter will

invite one of these NGOs or if a similar NGO can be found in West New Britain to undertake

subsequent monitoring.

iv. Involvement of Women’s Groups in Resettlement Planning and

Management

75. PPL is very mindful of the important role women who are affected by involuntary resettlement.

Based on consultations during the preparation of this LA/RP and as per this LA/RP provides an

assurance that women will not be disadvantaged. The principal source of disadvantage would be if

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women APs (or indeed non-indigenous APs) were not be either paid equally to men APs or not paid at

all. PPL is relying on ADB Safeguard and Gender policies to ensure that local groups opposed to such

a provision (e.g. some clan leaders) will not be able to prevent women APs being paid equally to men

APs or to enjoy other benefits such as an opportunity to provide waged labor on the Project.

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M. Implementation Schedule

76. The implementation schedule for land acquisition activities to (i) update the LA/RP; (ii)

implement the LA/RP; and, (iii) monitoring activities is as follows:

Table 9: Implementation Schedule

Activities Schedule

Finalization of LA/RP 2013

1 Confirm land requirements based on detailed technical design for

Transmission Line

Completed

3 Prepare due diligence report on Lake Hargy HPP Associated

Facility

Completed by MOU

not yet finalized

3 Follow up consultations with affected communities and agreement

on land use/acquisition.

Ongoing

5 Request Provincial Land Office to prepare LIR including valuation

of land and improvement)

Completed

6 Submission to the Office of Provincial Affairs for Certificate of

Alienability to be signed by the Secretary and Affected LLGs

Completed

8 PPL prepares the LA/RP in consultation with landowners, including

agreement on compensation rates and discloses updated RP

Completed

9 PPL uploads the LA/RP to its website submits same for approval

and uploading on the ADB website

Month 7

10 ADB issues no-objection to the RP Month 8

Land Acquisition/Resettlement Plan Implementation

13 Payment of compensation and allowances by PPL to APs Month 9 & 10

14 PPL submits to ADB the Land Acquisition Completion Report Month 11

15 Award of civil works contract Month 12

16 Clearance of acquired land (both leased and owned) Month 13 & 14

17 Commencement of civil works (contingent on 100% of

compensation and allowances being paid)

Month 15

18 Payment of adjusted compensation, as required, for unforeseen

damages and losses

Actual Month of

Damage

Monitoring Plan

19 PPL establishes AP socio-economic baseline Month 16

20 PPL submits progress report to ADB on implementation of the

LA/RP

Six Monthly

21 PPL conducts post-land acquisition survey and final monitoring

report

Month 33

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N. Monitoring and Reporting

77. PPL will monitor all activities associated with land acquisition and payment of compensation to

APs. The scope of monitoring includes: (i) compliance with the agreed policies and procedures for

land acquisition; (ii) prompt approval, allocation and disbursement of compensation payments to APs,

including if necessary supplemental compensation for additional and/or unforeseen losses; and, (iv)

remedial actions, as required. The monitoring will also cover the social impacts of the transmission line

and whether APs are able to restore, and preferably improve, their pre-project living standards,

incomes, and productive capacity. A monitoring and evaluation program utilizing the following

indicators has been drafted on the understanding it can be subject to change, including suggestions

by APs of what they consider of more relevant to their livelihoods than are considered relevant by

other stakeholders. These draft monitoring and evaluation indicators are as follows:

Table 10: Draft Monitoring and Evaluation Indicators

Type of Indicator Indicator Examples of Variables

Process

Indicators

Staffing

Consultation, Participation,

and Grievance Resolution

Procedures in Operation

No of PMU staff by job function

Engagement of Safeguards Staff and

training

No of other agency officials available for

tasks

No of consultation and participation

programs held with various stakeholders

No of field visits by PMU Staff

No of civil society groups participating in

Project

Effectiveness of compensation/assistance

delivery system

Coordination between PMU and GoPNG

agencies, project supervision consultants,

and civil society groups

Output

Indicators

Households

Structures

Economic Trees and

Crops

Assistance to DPs

No of households affected

No of households receiving agreed

compensation for trees and crops

No of households that have participated in

income restoration

No of special assistance programs to

vulnerable households (if required)

Impact

Indicators

Household Earning

Capacity

Special Assistance to

Women

Employment status of households having a

formal job

Employment status of households being

self-employed

No of households receiving income

enhancement skills training

Number of women engaged as waged

workers by the Project

Type of Project-related skills women

received training in

Average wage of women employed on

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Other Livelihood Indicators

Project compared to that of men

Increase in market-based incomes of

women traders

Increase in ownership of household assets

Increased access to schooling and health

services

Increase in visits by GoPNG service

providers

78. The SES undertaken of APs for this LA/RP together with the Social Assessment undertaken

for the Corridor of Influence along the West New Britain Highway undertaken for another ADB Project

in 2011 (Rural Bridges Project) will be utilized as the baseline to monitor and evaluate the above

indicators. They will also be used in conjunction with monitoring and evaluation indicators prepared for

the EMP.

79. PPL will prepare and submit semi-annual progress reports to ADB as part of project

performance monitoring. PPL will also submit a subproject land acquisition completion report to ADB

when compensation has been paid.

80. PPL is committed to ensuring best practices in accountability and transparency during the

implementation of this Project but as argued elsewhere in this LA/RP if aggrieved APs are very

dissatisfied with the monitoring processes and outcomes undertaken by PPL it will appoint an external

monitoring agency to assuage APs concerns.

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O. Annexes

Annex I: Table showing IOL and DMS the number of Affected Persons (AP)

based on the 2013 Census conducted by PPL.

Name of

Village

Number of Affected

Persons

APs Signing Deed of

Release with PPL

APs With Restricted Land Use

APs Losing High-Value

Trees

APs Losing Lower Value

Trees and Crops

Mai Junction Village to Uby Village, Mose LLG

Mai Junction 37 - - 26 11

Buvussi 366 - - 194 172

Kavvi 15 - - 15 -

Galai 190 - - 133 57

Lilipo 43 - - 43 -

Lavage 112 - - 112 -

Uby 89 - - 89 -

Sub-Totals 452 - - 612 240 Kai Village to Saleileibu Village, Cenaka LLG

Kai 85 - - 73 12

Silanga 82 - - 82 -

Saleileibu 29 - - 29 -

Sub-Totals 196 - - 184 12 Vainamasile Village to Matauro Village, Central Nakanai LLG

Vainamasile 132 - - - 132

Usilau 35 - - 28 7

Milikan 23 - - 23 -

Sege 129 20 20 128 6

Gibolo 52 - - 35 17

Vaipora 20 - - 20 -

Mgmota 3 - - 3 -

Kiava 80 - - 59 11

Mataruru 17 - - 11 5

Sub-Totals 467 20 20 317 150 TOTAL 1,527 20 20 1,113 402

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Annex II: Replacement Cost Survey

Background

During the PPTA the Consultants and also to a lesser extent PPL and ADB did not pay enough

attention to the project impacts vis-à-vis high value palm oil trees that would need to be cleared for

safety reasons as part of stringing transmission lines associated with the hydropower projects

(exception of Bialla-Kimbe TL where TIEP is exclusively financing the transmission lines only). PPL

realized this late last year and requested the Valuer-General to undertake an assessment or at least

provide PPL with a credible replacement cost estimate for the palm oil trees. The former declined

without providing any cogent reason which left PPL to decide how best to treat APs transparently and

fairly. A Registered Valuer was going to be mobilized but in PNG such technical specialists are not

competent to provide a credible estimate. Therefore PPL requested the International Resettlement

Consultant to examine what options were available and this Appendix addresses the approach chosen

by the Consultant to assist PPL.

ADB SPS 2009 Approaches

The ADB states inter alia that the rate of compensation for acquired land and other assets will be

calculated at full replacement cost. The calculation of full replacement cost will be based on the

following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued; (iv) transitional and

restoration costs; and, (v) other applicable payments, if any. In the context of this Project market

conditions for the high-value palm oil trees exist and it is possible to undertake a credible replacement

cost survey (more difficult but not impossible with other trees and vegetation of value and food crops).

TIEP had requested New Britain Palm Oil Limited (NBPOL) assist the Project and belatedly it is

providing assistance and what the Replacement Cost Survey (RCS) has benefited from inputs made

by NBPOL. It should also be noted that during consultations with APs the methodological approach

adopted and the results of the RCS have been disseminated and agreed upon by APs.

High-Value Palm Oil Trees

The Palm Oil industry in PNG is largely dominated by the monopolistic New Britain Palm Oil Company

that has a total of 72,229 hectares of plantation land in palm oil in West New Britain (over 50% of the

total plantation holdings), Ramu, Higataru, Milne Bay and Poliamba in PNG. There are some smaller

plantation companies such as the Lake Hargy Palm Oil Company (none of the APs supply this

company) but it is NBPOL that this RCS has been benchmarked against. Smallholders in WNB have

approximately 32,450 hectares in the form of leased blocks and customary land-holdings currently in

palm oil with an average age of 15 years.

The biological process commences with the initial preparation of land and planting of seedlings and

ceases with the delivery of crop in the form of fresh fruit bunches (FFB) to the manufacturing process

in which crude palm oil and palm kernel oil are extracted from the FFB. To estimate the replacement

cost to APs the farm-gate price is calculated based on the average FFB production per hectare per

year multiplied by the determined price. The difference between revenue and costs is net revenue or

profit to the grower. However, for NBPOL the methodology because it includes reference to the FFB

expected to be harvested over the full remaining life of the trees up to 22 years, applying an estimated

produce value for transfer to the manufacturing process and allowing for upkeep, harvesting costs and

an appropriate allocation of overheads. The estimated produce value is derived from a long term

forecast of crude palm oil process to determine the present value of expected cash flows over the next

22 years. NBPOL bases its fair value measurement of palm oil trees based on an estimated FFB crop

harvest in 2013 of 1,657,891 tonnes. However, NBPOL adds value to these FFB harvested because it

has refinery and fractionation plants in both PNG and UK and is able to market palm oil products as

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finished products into the supply change. The APs do not value add whereas NBPOL does and that is

the essential difference between the two producers.

It also needs to be noted that NBPOL also supplies all seed varieties to the AP smallholders, other

inputs including fertilizers and herbicides although it is gradually phasing out the use of high-cost and

environmentally non-friendly herbicides such as Paraquat (it has also instructed smallholders they

must follow suit because non-use of such herbicides enables NBPOL to claim some comparative

advantage over palm oil producers in major producing countries, most notably neighboring Indonesia).

NBPOL in conjunction with OPIC also provides extensive outreach support to smallholders in the form

of extension services. Stated briefly APs would not be able to market their FFB without support from

NBPOL and this reference to NBPOL as the monopolistic buyer of FFB from the APs.

Palm oil trees unless of the Malaysian quick maturing varieties generally start flowering and producing

after 3-5 years and growers can generally recoup their investments within 6-8 years and peak

production is reached from 10-18 years with yields decreasing from thereon until trees have to be

replaced within 25-30 years (after the 15th year the density per hectare often has to be reduced from

130-145 trees per hectare to approximately 100 trees per hectare). Therefore palm oil producers get

their highest production yields for eight years only. High yielding trees can produce the equivalent of

approximately 38 kilograms per tree, per annum after 3-5 years but from year nineteen yields may

decrease by 15-20% and smallholder yields are generally 20-30% lower than larger plantation yields

(i.e., NBPOL has higher yielding trees than smallholders in the Project area).

The challenge is to estimate over the productive life of the palm oil tree is what is its productive value

(minuses the cost if labor and inputs made by the producer) of the palm oil tree (also variations

between dura variety that has kernels with thick shells, pisifera that has kernels with no shells and

tenera that has kernels with thin shells: only the dura variety is grown by APs). The formula to be

adopted assumes that palm oil trees are productive for up to 23 years and while peak yields are

approximately 38 kilograms per tree averaged out allowing for pre-peak yields and post-peak yields as

well the average yield is estimated to be 32 kilograms per tree x 23 years = 736 kilograms.

The other alternative is to use the monthly FFB Farm Gate price from 1999 to 2013 and average the

mean average for the 17.7 years that all APs would be aware of. The highest mean average was PGK

319.36 per tonne in 2009 and the lowest PGK 67.10 per tonne in 1999. The July 2013 FFB Farm Gate

price was PGK 184.89 per tonne and the August 2013 price will only be available at beginning of

December. Using this approach the mean average is PGK 161.57 per tonne. Using the pricing

methodology from the preceding paragraph a palm oil tree over 23 years would be valued at PGK

2,735.05 (or PGK 2.75) but this is based on the full productive life of the palm oil tree. Average palm

oil trees cultivated by APs are 15 years old with an estimated productive life left of 08 eight years and

hence using this methodology the nominal value would be PGK 950.03. Translated into USD value at

the July 2013 exchange rate (USD 1 = PGK 2.14) this would be USD 443.93 per palm oil tree.

However, this methodology is not considered satisfactory by the palm oil industry because it does not

take into account this historical value of the PGK against the USD (the major benchmarking currency

or other relevant currencies especially the AUD, EURO or GBP). Hence another methodology utilizing

more recent movements on the market and the fluctuating exchange rates has been adopted. It is this

approach that this RCS is based on and produces a lower replacement cost value than this

methodology.

As with other industrial tree crops, notably rubber, palm oil as a commodity fluctuates quite markedly

on the world market. Market prices in 2008 peaked at US$1,185.85 per ton, 2009 the highest price

was US$ 888.31 per ton, 2010 it was US$1,163.70 per ton; 2011 it was US$1,120.00 per ton; 2012 it

was US$1,097.54 per ton; and, the latest price on both the Chicago and Kuala Lumpur markets (major

markets for international pricing of palm oil) is US$681.54 per ton (apparently there is less demand in

China – major world market for palm oil – and this is likely to continue as Chinese consumers turn to

healthier cooling oils).

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Averaging prices since 2008 (methodology adopted the Food and Agriculture Organization, United

States Department of Agriculture, World Bank, Bursa Malaysia Derivatives Exchange, Dalian

Commodity Exchange, India’s National Commodity and Derivatives Exchange and the London

Commodity Market) the replacement cost per year, per tree is estimated to be US$838.19 per ton or

US$0.84 per kilogram. A palm oil tree over its productive life and yielding an average estimated total

of 800 kilograms is valued at US$672 (US$26.80 per annum; one with five years of productive life left

US$143.40, with 10 years US$286.80, 15 years US$430.20, and 20 years US$573.50. It is estimated

that costs of production (seedlings, fertilizer, herbicides, ground preparation, and labor) are equivalent

to 60% of the value thus the replacement cost value is the average price per kilogram = 60% cost of

inputs as such:

US$0.84 per kilogram – 60% input costs of US$0.51 = Net Return US$0.33 per kilogram

Thus the compensation PPL will pay APs per tree that is required to be cleared is as follows based on

the age of the tree:

Age of the Palm Oil Tree according to DMS

Gross Price Tree Cleared for Project (US$/PGK)

Net Compensation Payable Per Cleared Tree (US$/PGK)

1 672.00 (1,438.00)

268.80 (575.23)

2 645.12 (1,380.55)

258.04 (552.20)

3 618.24 (1,323.03)

247.29 (529.20)

4 591.36 (1,265.51)

236.54 (506.19)

5 564.48 (1,207.98)

225.79 (483.19)

6 537.60 (1,150.46)

215.04 (460.18)

7 510.72 (1,092.94)

204.28 (437.15)

8 483.84 (1,035.41)

193.53 (414.15)

9 456.96 (977.89)

182.73 (391.04)

10 430.08 (920.37)

172.03 (368.14)

11 403.20 (862.84)

161.28 (345.13)

12 376.32 (805.32)

150.52 (322.11)

13 349.44 (747.80)

139.77 (299.10)

14 322.56 (690.27)

129.02 (276.10)

15 295.68 (632.75)

118.27 (253.09)

16 268.80 (575.23)

107.52 (230.09)

17 241.92 (517.70)

96.76 (207.06)

18 215.04 (460.18)

86.01 (184.06)

19 188.16 (402.66)

75.26 (161.05)

20 161.28 (345.13)

64.51 (138.05)

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21 134.40 (287.61)

53.76 (115.04)

22 107.52 (230.09)

43.00 (92.02)

23 80.64 (172.56)

32.25 (69.05)

24 53.76 (115.04)

21.50 (46.01)

25 25.10 (53.71)

10.04 (21.48)

Where there are instances of APs being required to clear trees of different ages (most unlikely based

on the IOL and DMS) they will be compensated according to the numbers of trees per remaining

productive life (e.g. AP has 20 trees with only 5 years of productive life left will be paid a total of PGK

2,300.08 but also has 20 trees with a productive life of 25 years will be paid a total of PGK 11,504.60

for a grand total payment of PGK 13,804.68).

Other Productive Assets

As per the palm oil trees the Valuer-General could not update replacement costs for other trees and

food crops so PPL decided in consultation with APs to triple the rates that the Valuer-General

prepared in 2008. It has been concluded that the Valuer-General in 2008 was not very robust with the

valuation of productive assets but PPL has adopted the principle and practice for this Project that if

APs agree in consultations facilitated by PPL and demonstrate their assent by signing the agreements

prepared by PPL than this will suffice. PPL has been very careful in explaining this principle to APs

because it takes the principle of fair and transparent valuation of affected productive assets very

seriously.

The unit replacement cost for other productive assets is listed as per the following table:

Type of Productive Asset Affected by Project, Per Unit

Valuer-General’s Assessment (2008), PGK

PPL Replacement Cost Unit, PGK

Paw Paw 2.5 7.5 Banana 18 54 Laulau 15 45 Rambutan 7 21 Soursop 15 45 Talis 18 54 Orange 15 45 Mango 18 54 Noni 18 54 Guava 15 54 Breadfruit 20 60 Pomolo 20 60 Five Star Fruit 12 36 Pau 3 9 Okari 10 30 Lime 8 24 Coconut 24 72 Cocoa 18 54 Betel Nut 18 54 Mustard 3 9 Vanilla 18 54 Limbun Tree 20 60

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Galip Tree 10 30 Biabal Tree 10 30 Irima Tree 20 60 Shade Tree 20 60 Black Bean 10 30 Kumurere Tree 20 60 Pikus Tree 20 60 Bamboo 20 60 Tulip 10 30 Pandanus 20 60 Sago 30 90 Pepper Tree 10 30 Tom 18 54 Deed of Release

PPL will not acquire land necessary for the Transmission Line Tower (Pole) sites from the 20 affected

households but as per the format in Appendix xx will sign a Deed of Release whereby the AH will

agree (a) to accept a total payment; (b) not to interfere with or cause damage to the TL towers or

conductor cables; and, (b) not to restrict access to the sites by any person employed by PPL or its

agent. Incorporated into this Deed of Release is the agreement signed between the AH and PPL that

the latter may erect and maintain suitable safety gates at the designated access points. Because the

Project will result in restricted land use that will result in nearly 6 hectares of AH customary land not

being able to be replanted in high-value palm oil trees PPL will undertake to assist these AH to clear

land outside the easement. This assistance will be subject to the stated wishes of the AH, which may

or may not include the planting of palm oil trees but as per the LA/RP every attempt will be made to

ensure these 20 AH are no worse off and ideally better off as a result of the Project.

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Annex III: Project Information Bulletin

TOWN ELECTRIFICATION INVESTMENT PROGRAM

Bialla to Kimbe Transmission Line Project

Tok Save lo olPipolUsatGraunBloUplaBai Project IgoTru

Has blo display Town Electrification Investment Program em blo helpim lo saplim power igo lo ol

provincial town hap lo senisim ol disel generator wer bikpla money sa waste lo em na usim

satainabel pawa where ei gat use blo em ken stap long pla time lo benefitim umi nau na ol

tumbuna behain taim. Disla pawa supply bai helpim upla ei stap arere lo em lo benefitim na helpim

sidaun lo peles lo sait blo usim pawa blo cook, light na wokim bisnis.

Disla Bialla Kimbe transmission line project em part blo TEIP wer 66kv line bai PPL ei putim over

lo 150km long lake Hargy hydro ei go olgeta lo Kimbe town. Long start displa single circuit line em

sapos lo operate lo 33kv but ol senisim go lo 66kv lo supplim bikpla power. Disla ol bai wokim lo

concrete, palang or steel poles.

LAND ACQUISITION/RESETTLEMENT PLaN

Disla plan blo kisim ground em important becos olgeta one, one haus we ei gat olmeri, ol samting

blo helpim sidaun, bai affekted na ol mas compensatim ol. Disla em ei kamandanit lo policy blo

Asian Development Bank (ADB) na PNG Government we rol yet ei putim moni lo wokim disla

project. Algeta wok em mipla ei putim out bai upla ei ken skelim. Disla day em blo upla lo autim

tingting blo upla lo disla Land acquisition plan (wer liklik hap graun blo upla bai mipla usim lo

project so ADB na Gavmanei ken luk save na helpim upla sas upla gat bel hevi.

SIZE BLO NOGUT NA GUTPLA BLO WOK

Ino inap lo mipla ei kisim customary or lease graun blo upla lo wokim project tasol osem ol liklik

hap graun size lo 2.25 square metre blo wan wan transmission pole. Tasol ol oil palm diva ei mas

rausim lo 20 meter mak lo namel blo rot ei go lo arere blo rot. Disla ei same lo ol coconut na

banana too.

Ol narapla divai na cash crop lo 20 metr emak easement mas clearim long time blo putim

transmission line tasol yupla ken still usim graun behain lo ol putim transmission line go antap lo ol

pole.

Disla ei wankain igo lo ol lain wer ol oil palm na coconas divai blou pla bai ol clearim. upla ken

planim ol divai tasol noken planim bek coconas or oil palm divai wer mak blo grow inap lo 2.7

meters, nogut ei grow painim transmisen lain na disturbim or bagarapim ron blo pawa long

transmisen lain.

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Ausuablo size bloNogutnaGutplablo wok

Long time blo survey PPL carim out lo 9th April go lo 14

th May 213, ol painim out osem 274 pla

House wer mipla coutim 1,918 man /meri na NBPOL yet bai lusim all palm oil divai insait lo

easement. Displa ei total olsem 8,023 pla palm oil bai mipla ei rausim. Ol narapla divai osem

coconas bai liklik numba tasol PPL bai rausim na ol narapla divai olsem Buai, mango, muli,

banana, pawpaw divai, PPL bai rausim bikpla numba. Olgeta divai PPL bai compensatim lo cos

depen lo market prais na yia we rei start lo karim kaikai. Tok piksa, five pla yia blo one pla oil palm

ba icompensatim lo bikpla rate more lo fifteen pla yia blo oil palm becos mark blo oil palm lo

karimem 20 yias.

Rot blo Compensation

Lo tok clea lo umi ken lukim o leasi way lo compensatim upla lo upla lusim ol gutpla blo uplana too

lo lukauti mupla long hevi painim upla. Mipla redim rot lo assitim you upla: per capita

Size blo wok Man/Meri Pay

Clearance lo

olgetadivaina bush.

Customary Land owners and

leaseholders lo customary or

landowners or narapla

Cash Compensation lo givim lo

senism bas lo market price

Garden Bagarap Ol man usateilusim 10% lo

garden

bloolnaaffectimsidaunblool

Ol man usatei affected baikisim K 600

blo wan wan man inap lo sixplamun

Health na

Employment

Olgeta man usatei affected PNG Power Ltd undanit lo EMP

bloolbaiwokim HIV/AIDS awareness

na prevention program nawereminap

lo providim employment

opportunities werinap

Heviwerumi no lukim Concerned man / meriusatbai

affected

PNG Power Ltd policies na ADB

Safeguard Policy

PNG Power Ltd yet bai go pas lo project na nogat narapela private company or narapla but PPL

tasol.

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Special Gender Actions

ADB Gender and Development Policy 2008 ei requirim ol meri mas gat equal compensation

wantaim ol man nae i mas kamap clea lo paper. Time compensation payment olei wokim, em

imas equal share go lo man nameri too usat project bai affetim.

Gutpla development pasinbai mas ol meri mas kisim wok too na PPL bai makim nap lo givim wok

to lo ol meri..

The HIV/AIDS awareness and prevention program wer PNG Power Ltd bai wokim ei mas lukautim

meri lo practisim safe sex.

Man, meri na pikinin mas benefit lo project na PPL bai helpim thru lo NZAID lo providim electricity

wer ol paimpinis.

Pay blo compensation

PNG Power Ltd. Bai tok save lo Mosa, Ceneka and Bialla LLGs lo date, time nahap,naputim lo

paper payment blo compensation. Ol man/ meri usat ei affected lo project mas save mas gat

receipt lo kisim payment osem proof.

Tok clear ei mas go osem PP bai no nap lo clearim and sanapim transmission line inapemei mas

paim gut ol man/ meri ei affected na ol imas wanbel.

Askim

All man/meri usat ei affected lo project igat right lo outim wari lo rot blo outim wari. Olgeta. Tasol

sapo igat hevi we rino nap lo solvim lo PNG,den ADB ei tok strong lo wari mas go lo contry

resident mission lo Port Moresby na no gat ei mas go olgeta lo headquarters Manila. Man/ meri

usat ei affected lo project can go thru lo ol NGOs or narapla ol civil society groups lo autim wari

blo ol.

Contact Persons:

PNG Power Ltd.

Mr. Frances Mamia, Office of the Project Manager, PNG Power National Office, Corner of Wards

Road and Cordia Street, Hohola, Boroko, NCD, Port Moresby, Tel: +675 324 3533; Fax: +675 323

4974: Email: [email protected]

Asian Development Bank

Mr. Marcelo Minc, Country Director, Asian Development Bank, Papua New Guinea Resident

Mission, Deloitte Tower, Level 13, Port Moresby, NCD, Tel: +675 3210400/0408; Fax: +675

3210407

Ms. Messim J. Ahmad, Director, Environment and Social Safeguards, Regional and Sustainable

Development Division, Asian Development Bank, 6 ADB Avenue, Mandaluyong City 1550, Metro

Manila, Philippines, Tel: 632 632 4444; Fax: +632 636 2444; Email: [email protected]

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Annex IV: Consultation Notices

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Annex V: Meeting Minutes

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Annex VI: MOA with Lake Hargy Landowners

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Annex VII: Grievances Mechanism Flow chat

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Annex VIII. Master list Showing Signatures of Affected People along TL

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