project: tanzania north west grid (400 kv ......400kv transmission line from kigoma to sumbawanga...

RPF Summary of 15 NWG 400kV Transmission Line and Substations

Language: English

Original: English

PROJECT: TANZANIA – NORTH WEST GRID (400 kV

NYAKANAZI – KIGOMA TRANSMISSION LINE)

COUNTRY: UNITED REPUBLIC OF TANZANIA

RESETTLEMENT POLICY FRAMEWORK (RPF) SUMMARY

SEPTEMBER 2017

RESETTLEMENT POLICY FRAMEWORK (RPF) SUMMARY

1. PROJECT BACKGROUND AND RAIONALE In Tanzania, outside the major cities and towns, only regional headquarters, some district township and

a limited number of villages are supplied with electricity currently. The lack of basic modern energy

services in most rural areas has been perceived as a bottleneck in social and economic development. In

an effort to rectify this situation, the Ministry of Energy and Minerals through Tanzania Electric Supply

Company Limited (TANESCO) has decided to connect several regions in Western and North Western

Tanzania to the national grid by installation of 400 kV transmission line (TL) from Nyakanazi to Mbeya

(1080 km) and associated substations at Nyakanazi, Kigoma, Mpanda, Sumbawanga, Tunduma and

Mbeya. The compensation costs of the project is funded by the Government of United Republic of

Tanzania while construction costs will be funded by donors and or financiers.

The project has been divided into three phases due to distance to be covered (1080 km) and the financial

implication to such distance. Phase I is the construction of Mbeya, Tunduma and Sumbawanga

400/200/132/33 kV substations and Transmission Line (320 km) while Phase II involves the

construction of Nyakanazi and Kigoma 400/220/132/33 kV substations and Transmission Line (280

km). Phase III will include a construction of 400/132/33 kV Mpanda Substation and construction of

400kV Transmission line from Kigoma to Sumbawanga via Mpanda (479 km) respectively.

The project aims to connect several regions in Western and North Western Tanzania to the national

grid. Through the implementation of the project, which is to help enlarge productivity in agriculture

and industry enterprises, it is expected to achieve a sustainable and high quality economic development.

It is expected that the project will provide a ring feeder to the grid and possibly connect the grid to

Project Title: 400 kV NORTH WEST GRID NYAKANAZI – KIGOMA

TRANSMISSION LINE

Project Number: P-TZ-FAO-013 Country: Tanzania

Sector: ENERGY Project Category: 1


neighbouring countries for both export and import of electricity. Stable grid power supply will reduce

power generation by using thermal power plants and thus reducing the pollution from diesel oil burning

and consequently making an improvement of environment.

2. PROJECT LOCATION The North-West Grid Power project of Tanzania is to enhance the power network in western and north

- western Tanzania. The proposed project Phase II involves construction of about 280 km of 400 kV

transmission line (TL) with a doublecircuit and associated substations at Nyakanazi and Kigoma.

Generally, the proposed project is following the main regional road from Nyakanazi to Kigoma and is

located about 200 m to 5 km away from the main regional road.

The route from Nyakanazi to Kigoma is about 280 km in length with double circuit. Nyakanazi

Substation is located outside Biharamulo in Nyakanazi town at Kabale village, 5 km east from the cross

between T3 and T9 road and north of T3 road. The Transmission Line stretches from Nyakanazi

Substation to east then to south over pass T3 road, and goes along T9 road. The road is generally in

plain region and goes higher at the gentle slope near Kibondo and passes at Kanembwa National Service

Camp, which was formerly a refugee camp.

Along the route, there are some hills covered with grass and valley filled with forest, with exotic plant

breeds near residence. The route passes the Moyowosi Game Reserve (23.3 km) and Malagarasi River

as moved from Kibondo to Kasulu. The route also passes through North Makere forest reserve (11 km)

where Nypha species is the main plant. Permit to pass through protection areas should be sought to the

respective authority before construction of the Line. When approaching the proposed substation at

Kidahwe village about 24 km from Kigoma, the line encounters irregular undulations which prevail for

about 1 km.


3. PROJECT COMPONENTS Like any other transmission line, the project will have the following components that trigger involuntary

resettlement.

The way leave corridor width has been proposed to be set to a maximum of 50 m instead of 80

m in order to reduce compensation costs of the project and thus saved money can be allocated

by the Government to other development projects.

The proposed conductor for the project is an aluminium steel reinforced conductor (ACSR)

Class AA according to US standard ASTM B232, code name Blue jay with a total cross section

of 604.39 mm², consisting of 39.03 mm² steel and 563.93 mm² aluminium. Another option to

the Blue jay conductor is the AAAC 659-AL3 (Sorbus). All aluminium conductors steel

reinforced (ACSR) is the most commonly used conductor type in the world and also in Africa.

Its utilization is justified because of its strength, necessary for very long spans and very heavy

loadings. Three phase conductors will be used in the project to transport electric current.

Ground wires will be arranged, on both sides of the tower for protecting the conductor from

strike of lightning. One side is common convention steel wire (GSW) -ACSR 95/55 and the other

side is optical ground wire (OPGW) for the sake of communication. The number of cores of the

OPGW is 48.

Transmission Towers: The following types of towers are planned for construction of the

transmission line of this project:

o Suspension tower (0° to 2° angle)

o Light angle suspension tower (2° to 15° angle)

o Medium angle suspension tower (15° to 30° angle)

o Heavy angle tension tower (30° to 70° angle)

Foundations: The influence of ground water level will be taken into consideration for

foundations design in order to ensure uplift force stability while the effect of flood submergence

in 50 years will also be taken into consideration.

The pad and chimney foundation has the same slope as the leg of the tower.

Pile foundation piles are formed by the mechanical drill and generally their diameter is more

than 600 mm. Single pile and single pile with bearing platform may be adopted based on

foundation acting force and hydrographic and geological conditions. The piles are usually used

for soft foundation and swamp districts with river crossing and lower bearing capacity.

Raft foundations: According to foundation acting force and hydrographical and geological

conditions, the raft foundations are mainly used for soft foundation and swamp districts. Raft

foundations have the advantage of reducing differential settlements as the concrete slab resists

differential movements between loading positions. They are often needed on soft or loose soils

with low bearing capacity as they can spread the loads over a larger area.

Substations: For the construction of 400 kV line, three new ones will be constructed at

Nyakanazi in Biharamulo, and Kamara in Kigoma. The substation will require proper fencing

to avoid electrocution of people and animals. Nyakanazi substation is located at 300719

Eastings and 9669448 Nothings of zone 36 in Kabale village, Biharamulo district, Kagera

region. The adjacent land is mainly used for agriculture activities involving food crops such as

maize, banana and potatoes. The substation will have 1 circuit of 400 kV outgoing line and two

main transformers each with 120 MVA. Also the substation will consist of one 400 kV double

bus bar with bus coupler. The size of the substation is about 16000 meter square and is about 5

km west of Nyakanazi village. Land acquisition processes for this substation is at advanced

stage; as compensation to the previous owner has already been completed. The substation at

Kigoma is located at 810092 Eastings and 9458276 Nothings of zone 35 in Kidahwe village,

Kigoma Rural district in Kigoma region. The adjacent land is mainly used for agriculture

activities involving food crops such as maize, palm oil, cassava, banana and potatoes. The

substation will have two circuits of 400 kV outgoing line, 1 outgoing line to 400 kV Mpanda

substation and 1 outgoing line to 400 kV Nyakanazi substation. The substation will also have

one main transformer of 120 MVA and one 400 kV single busbar for four feeders and

buscoupler. The size of the substation is about 28000 meter square and is about 24 km to the

north east of Kigoma Town at Kidahwe village. Land acquisition processes are at early stage,

where the village and district council authorities have been notified on the need of acquiring


the area. The proponent will officially notify the respective authority for further land acquisition

processes.

Access Roads will be requires during construction and maintenance of transmission line and

may be paved or gravelled. In some cases only short diversions from existing roads will be

sufficient in other cases a road will be made in the transmission line itself. Re-contouring of the

land and vegetation clearing may be required for access road construction.

Construction Materials need for the tower foundations and substations include concrete, steel

bars, wielding rods, steel and bricks

Equipment and Machines

4. PROJECT ACTIVITIES The project activities will include a range of operations that are aimed at ensuring that the 400 kV power

transmission line from Nyakanazi to Kigoma is completed in time and is operational as required. More

than 100 workers from local communities in the project area will be involved during mobilization,

construction and demobilization phases. The implementation of the proposed project will involve the

following activities based on the project phases. The implementation of the proposed project will

involve the following activities based on the project phases.

The mobilization phase is the initial phase of project implementation. In general, this phase

commence when all necessary permits and processes have been accomplished. For instance

mobilization shall commence after the way leave demarcated, project affected persons (PAPs)

and institutions have been compensated according to the national laws. During mobilization;

(pre-construction) phase the contractor will be recruiting necessary administrative and

engineering staff for the project and procure and transport construction equipment to the site.

Most of the required equipment will be imported from abroad. Local procurement is also

considered for a portion of small-scale tools and materials available in Tanzania market.

Mobilization also entails establishing offices and storage yard on site, assembling equipment,

geo technical investigation works, construction workforce and materials for securing the way

leave. Moreover, the contractor will build a campsite to accommodate its construction workers

when there will be a need to do so. Generally, the campsite contains accommodations, sewage

systems and or temporary toilets and fence.

The construction phase includes creation of way leave, preparation of tower foundations, tower

erection, conductor stringing as well as securing the site and the construction facilities for the

substations and transformers. Both machines and manual labor will be involved during

construction phase. Some areas will require preparation of the access roads to bring equipment,

workforce and materials to the designated sites. Given the terrain in some of those areas, this

phase could be time consuming and challenging. The construction phase will take about 3 years

to construct a transmission line of about 280 km from Nyakanazi to Kigoma. Some labour

forces will be recruited from local communities especially for simple and manual operations

that could easily be accomplished using local skills. However, the main contractor will be

responsible for the recruitment of the work force since he will be aware of the work schedule,

quality of the work that is needed, the budget for the work force and safety issues. Contactor is

expected to give priority of the casual labours to the communities located in the areas where

the construction is taking place.

Demobilization phase will involve activities related to completion of the construction phase of

the TL project. Activities to be conducted during this phase include demolition of temporary

structures that will be installed to support the construction phase, removal of installations and

equipments from the workshop and campsite.

During operation, the power line will need periodical inspection and maintenance activities (as

vegetation trimming and pruning) as well as occasional maintenance activities due to technical

problems, vandalism, wild fires and natural disasters (especially in flood and erosion prone

areas).

Decommissioning Phase


5. PROJECT AREA OF INFLUENCE The area of influence of the proposed power project to be constructed may be considered under the

following categories.

The whole neighborhood of the project area including the districts of Biharamulo, Kakonko,

Kibondo, Kasulu and Kigoma Rural.

The access road network which will be linked to the project area in the course of transporting

workers to site of works, transferring equipment and construction materials and debris during

different phases of the project. Also the roads from the harbour will be equally influenced as most

of the installations including mechanical and electrical will be imported and delivered through

the harbour and transferred to site through the access roads under consideration.

Sources of construction materials such as aggregates sand and cement. All these locations may

be considered to be within project boundaries as it may influence its impacts to these locations.

6. PRELIMINARY PROJECT IMPACTS Based on the project area of influence and planned infrastructure activities, there are expected impacts

that will lead to both physical and economic displacement of people. These include land take, impact

on households’ livelihood and community infrastructure as highlighted as follows:

Summary of Impacts: Rapid Assessments by TANESCO show the following expected project

impacts. A detailed census and property valuation is yet to be undertaken.

Preliminary Impacts Count

Number of Villages 36

Public Buildings 5

Residential Buildings 179

Land Requirements 3518.1

Number of Farms 519

Total land requirements: Total land area affected by the project is expected to total to 3518.1

acres. A breakdown of land requirements are as follows:

o A 280 km 400 kV section from Nyakanazi to Kigoma with wayleave corridor still to

be surveyed and affected properties valued as part of the full RAP preparation process.

However, preliminary inventory of affected individuals and properties already done as

part of the RPF.

o A 53 km section running from the Malagarasi Power station site to the Kigoma

substation and which includes a section along a 28 km road reserve covering a 20

meter-wide wayleave corridor which has already been acquired and will not require

further compensation. The rest of the remaining 25 km section will be subject of the

full RAP to be prepared for the 280 km T-line section.


Progress in acquiring the project site is as follows:

Section A: 400 kV Wayleave corridor survey and property valuation to be done

as part of full RAP process guided by this resettlement policy framework

Section B: 31 km 132 kV T-line follows same wayleave as 400 kV Section A

guided by this resettlement policy framework

Section C: 22 Km, 20 meter wide Wayleave corridor already acquired and a

full RAP for the 132 kV line have been finalized. The land for Kigoma/Kidahwe and Nyakanazi Substations is already acquired

Impacts on households: Physical displacement is expected for households on whose land

towers foundations will be constructed, the affected portions of land will remain unutilized for

the entire period of existence of the transmission line. Other households will suffer loss of

secondary assets such as water tanks, gates, animal sheds, lavatories, fences, etc. while others

will lose their dwellings, businesses or loss of income. Extreme cases of impact will be where

entire parcels will be affected and thereby forcing PAPs to relocate completely. This scenario

will affect mainly very small residential plots.

Social effect of resettlement of PAPs will include disruption of education for school-going

children or relocation of employment opportunities for employed persons. It may not be easy

to quantify these and other similar impacts but affected households shall be compensated for

disruption of their living conditions.

Impact on Livelihoods: Most of the affected households derive their livelihood from farming,

which includes growing of annual and perennial crops; livestock and some of them operate

businesses for a living which include shops and workshops. The impact of the project to these

households will be displacement. This means that the affected households will have to move

and restart elsewhere. The livelihood activities for resettled families will need time to re-

establish to their current position.

Impact on Community Infrastructure: During consultations, the village leaders gave

recommendation on the type of compensation they expected to receive. Since most of the

structures are located on small urban plots, all of them will have to be relocated. The

dispensaries, churches, schools etc. Which are on the row will have to be relocated. The type

of compensation they requested for the community/public properties is compensation in kind

and not in cash.


7. RATIONALE AND OBJECTIVESOF THE RESETTLEMENT POLICY

FRAMEWORK In line with the land acquisition requirements of the United Republic of Tanzania and the African

Development Bank’s Integrated Safeguards System and the requirements, this project will cause the

involuntary resettlement of people. Both underscore the need to have project affected persons

compensated fairly, equitably, and in a socially and culturally sensitive manner; that they receive

compensation and resettlement assistance so that their standards of living, income-earning capacity,

production levels and overall means of livelihood are improved; and that they share in the benefits of

the project that involves their resettlement.

Although TANESCO has made a rapid assessment of possible resettlement impacts, a full resettlement

action plan is required to fully inform the land acquisition process. In line with the Bank’s requirements,

TANESCO proposes this resettlement policy framework that defines the resettlement and compensation

principles, organizational arrangements and design criteria to be applied to meet the needs of the people

who may be affected by the project. It is the approach and road map that will be the basis for preparation

of detailed Resettlement Action Plan (RAP) that should ultimately define the strategies and schedules

to mitigate adverse effects.

The Resettlement Policy Framework The RPF defines the parameters and criteria for entitlements for

project-affected persons (PAPs) for the losses they will incur based on the national eligibility criteria as

well as the AfDB resettlement policy principles, the institutional framework and procedures required

for RAP preparation and implementation, mechanisms for consultation and grievance resolution, the

time schedule, budget and proposed monitoring and evaluation system. The agreed entitlement package

includes both compensation and measures to restore the economic and social base livelihoods and

wellbeing of those affected, respectively.

PLANNED RAP FINALIZATION ACTIVITIES: In order to be able to prepare a final RAP,

and upon finalization of the wayleave survey, an inventory of all project affected people and assets,

TANESCO has committed itself to finalize the RAP preparation process will be completed by February

2018. It is expected that this timeline and financial commitment should enable TANESCO determine,

among others; the census of project affected people that should give concrete information on the number

of PAPs affected and their socio-economic status.

8. LEGAL, POLICY AND ADMINISTRATIVE FRAMEWORK Land administration in mainland Tanzania is governed by the Land Act (No. 4 of 1999), the Village

Land Act (No. 5 of 1999), the Land Acquisition Act (No. 47 of 1967), their associated Regulations as

well as other relevant legislation.

Both the Land Acquisition and Land Acts provide for privately occupied land to be compulsorily

acquired for public purposes, such as for the installation of electricity transmission and distribution

infrastructure.

The Land Act (Section 151) also empowers the Minister of Lands and Human Settlements Development

to create a public right of way, referred to as a wayleave, to enable a public authority or body (e.g.

TANESCO) to carry out its functions. However, such a wayleave is “attached to and runs with” the

affected land and there is no implicit requirement for the affected land to be acquired compulsorily by

the President. However, the applicant for the creation of a wayleave is required to pay compensation

to lawful landowners for the use of the land and for any damage to trees, crops and buildings

(Section 152).

The Land Act (Section 3(1)(g)) lists the categories of people who are eligible for compensation (i.e.

resettlement measures1, by implication) when their land rights are revoked or otherwise interfered

with to their detriment. These include landowners lawfully occupying and using land on the basis of a

1 The term “resettlement measures” in this resettlement action plan refers to compensation, physical relocation

and/or other resettlement or rehabilitation assistance.


right to occupancy, their recognized long standing occupation of land and their customary use of land.

All three categories of land occupiers are found along the routes of the proposed transmission lines in

the project areas

According to the provisions of the Land (Compensation Claims) Regulations, 2001 (Section 10)

compensation should be in the form of monetary (e.g. cash) compensation but may, at the option of the

Government, take the form of all or a combination of any of the following:

a plot of land of comparable quality, extent and productive potential to the land lost;

a building or buildings of comparable quality, extent and use comparable to the

building or buildings lost;

plants and seedlings; and

regular supplies of grain and other basic foodstuffs for a specified time.

9. NATIONAL POLICY FRAMEWORK

The following policies have been reviewed and used in developing this resettlement policy framework

National Land Policy, 1997

Energy Policy, 2003

National Forest Policy, 1998

Wildlife policy, 2009

Water Policy, 2002

Agriculture and Livestock Policy, 1997

Antiquities Policy, 2008

Cultural Policy, 1997

National Human Settlements Development Policy, 2000

Rural Development Strategy, 2001

National Strategy for Growth and Poverty Reduction, 2005

Tanzania Development Vision, 2000 - 2025

10. AFRICAN DEVELOPMENT BANK INVOLUNTARY RESETTLEMENT POLICY,

2003

The objectives of the policy are to ensure that the disruption of the livelihood of people in the project’s

area is minimized, ensure that the displaced persons receive resettlement assistance so as to improve

their living standards, provide explicit guidance to Bank staff and to borrowers, and set up a mechanism

for monitoring the performance of the resettlement programs. Most importantly, the resettlement plan

(RP) should be prepared and based on a development approach that addresses issues of the livelihood

and living standards of the displaced person as well as compensation for loss of assets, using a

participatory approach at all stages of project design and implementation. This RAP reflects the basic

tenets of the ADB Involuntary Resettlement Policy. Compensation at the full replacement cost for loss

of lands and other assets should be paid prior to projects implementation with the view to improve the

former living standards, income earning capacity and production levels of the affected population.

Under the present policy, only PAPs having formal legal rights to land or assets and those who can

prove entitlement under the country’s customary laws are considered and will be fully compensated for

loss of land or other assets. However, a third category of displaced persons who have no recognizable

legal right or claim to the land they are occupying in the project area will be entitled to resettlement

assistance in lieu of compensation for land.

11. NATURE AND EXTENT OF DISPLACEMENT The identification of affected properties, the valuation of affected property and assets and the calculation

of compensation payable to displaced persons is usually undertaken by the relevant District or

Municipal authorities. However, it may be agreed with the respective District Land Officers to use

registered and licensed valuation surveyors.


PROPERTY AND LAND SURVEY: All buildings and structures within the wayleaves will be marked with red paint. The survey teams

will be accompanied by the two teams of valuation surveyors which, in the presence of sub-ward and

other local leaders will undertake the following:

identify properties that are fully or partially within the proposed wayleaves and other

sites proposed for new substations and the expansion of existing substations;

Identify the owners of the affected properties. Ownership will be confirmed by: (a)

examination of title deeds where these exist ; and (b) records kept by local leaders and

officials at the sub-ward level;

Provide each displaced person with an identity card which includes a property reference

number. Where a property owner will be absent the identity card will be left with other

household members or with the sub-ward leaders who will later hand the card to the

owner.

Explain to each displaced person the project, land acquisition, valuation and

compensation processes.

Hand each property owner Land Form 69 (Notice to Land Occupier to Apply for

Compensation) and Land Form 70 (Application for Compensation by Land Occupier).

The displaced persons will be asked to complete Land Form 70 and to submit them to

their respective sub-ward leaders within 60 days; and

Advise each property owner of the proposed date for a full inspection of the affected

property by the valuation surveyors.

At a later date the teams of valuation surveyors and local leaders will return to each affected property

and:

o confirm property boundaries;

o For each affected property, obtain detailed information (e.g. type, size and

condition) of all affected land, structures, trees, crops and other fixed assets

(i.e. inventory of assets) and record these on field inspection sheets. In cases

where the major portion of a displaced person’s property was within the

wayleave and it is clear that the residual portion (outside the wayleave) would

no longer be viable as a single unit, the full property will be assessed for

compensation purposes;

o take photographs of each property owner in front of affected buildings;

o identify potential losses of business income or profit and examined relevant

accounts and records, where available;

o ensure that the field inspection sheets were counter checked and signed by the

property owners and local leaders; and

o collect completed Land Forms 70 from local leaders

VALUATION OF AFFECTED PROPERTIES: Using the detailed information recorded on the field

inspection sheets the valuation surveyors will then assess the value of affected land and assets for each

displaced person. The valuation followed the requirements of the 1999 Land Act and the 2001 Land

Regulations. Assessed values were recorded on the field inspection sheets and copied to detailed

valuation reports.

To determine the value of land to be acquired the valuation surveyors will use the market value

of land, determined using the direct comparison method as evidenced by actual recent offerings

and sales of similar properties in the area, in terms of condition, quality, age, location, timing,

financing terms and the motivation of sellers and buyers. In cases where the residual portion

of a property (i.e. the part remaining outside the wayleave) was not considered to be viable as

a single unit the whole property was considered to be affected and to be acquired by the project.

The valuation surveyors will also use the market value, based on the direct comparison method,

to determine the value of affected houses, buildings and other fixed structures. Where

necessary, unit rates were adjusted to take into consideration discernible differences in the

quality and condition of structures by applying a reduced floor area factor. The rates will then

applied to the area of each affected structure to arrive at an assessed value of the affected

structures of each displaced person.


To determine the value of affected crops and trees the valuation surveyors will use the market

value, determined using the income approach. This is based on estimating the production

capacity of an average tended crop that is normally found in the area in question. The net

annual value of crop production is then determined and capitalised at the average lending rate

of banks in the country. Crop compensation rates for a variety of crops, trees and other plants

are calculated periodically by the Ministry of Lands and Human Settlements Development and

were supplied to the valuation surveyors by the municipalities. These rates will then applied to

the affected area under a particular crop (or to the number of affected trees) to determine the

value of affected crops and trees for each displaced person.

For graves, the valuation surveyors will use a standard value provided by the Chief Government

Valuer and the municipalities.

12. ELIGIBILITY FOR COMPENSATION AND OTHER RESETTLEMENT

MEASURES All people and entities who suffer losses and incur negative impacts due to the acquisition of land for

the proposed wayleaves and other project infrastructure will be considered to be eligible for resettlement

entitlements, provided that they own, occupy or use the affected land prior to a cut-off date. Displaced

persons will be considered to be eligible regardless of their tenure status with respect to the land that

they own, occupy or use and may include:

property owners – people and entities whose occupation or use of the acquired land is

recognized in Tanzanian law (e.g. through a granted right of occupancy, a deemed right of

occupancy based on customary laws and practices or proven and bona fide long standing

occupation);

Opportunistic land occupiers – people not considered to be property owners in Tanzanian law

(e.g. squatters, encroachers and roadside traders with permanent or semi-permanent structures)

who occupy and use public and other land without permission from the State or the respective

landowners. While they do not “own” the land that they are using they may incur other losses;

tenants and lodgers – people and entities renting acquired land or premises (for residential,

business or farming purposes) who do not own the rented property but may incur other losses;

and

People with graves in the proposed wayleaves.

These categories of displaced persons will be eligible for resettlement entitlements, the nature and extent

of which will differ according to their legitimate claims, the type and extent of negative impacts incurred

and other criteria applied to meet the objectives of the African Development Bank’s Integrated

Safeguards Policy.

COMPENSATION AND RESETTLEMENT MEASURES: Currently, it is preferred practice in

Tanzania to pay cash compensation (and allowances) to displaced persons rather than to provide

alternative land and buildings in lieu of cash. The cash compensation is intended to enable a recipient

to acquire a replacement property how, when and where he or she chooses or to utilise the compensation

payment for other purposes according to personal choice.

ELEMNENTS OF COMPENSATION: The Land (Assessment of the Value of Land for

Compensation) Regulations, 2001 list the elements that the assessment of compensation is to be based

on as well as the method of assessment to be used. The assessment of compensation is to be based on:

the market value of the real property;

a disturbance allowance;

a transport allowance;

loss of accommodation;

loss of business profit or accommodation;

the cost of acquiring or getting the affected land; and

Any other loss or capital expenditure incurred to the development of the subject land.


Compensation has to be paid promptly. If payment is delayed for any time after six months after the

affected property has been valued interest, at the market rate, is charged on the unpaid amount of

compensation until the date that it is paid.

RESETTLEMENT MEASURES - for people legally recognized as property holders in Tanzanian

law – conform with those required by the AFDB policy framework which states that displaced persons

with formal legal rights to land (including customary and traditional rights recognized under the laws

of the country) and those displaced persons who do not have formal legal rights to the land at the time

the census begins but have a claim to such land or assets (provided that such claims are recognized

under the law of the country or become recognized through a process identified in the resettlement plan)

are to be provided with:

compensation for the land they lose and other assistance in accordance with the Policy; such as

moving allowances, replacement land, where appropriate, and assistance to help them to restore

their livelihoods over a transitional period; and

Compensation for the loss of assets other than land.

13. CUT-OFF DATE The cut-off date for eligibility for benefits will be the date that official notices (i.e. Land Form 69) will

be served on displaced persons along particular sections of the proposed wayleaves. However, people

and entities who subsequently claim to be eligible but whose property was missed out or not assessed

during the asset inventory survey will be entitled to lodge a claim with TANESCO or the respective

District Executive Director.

14. COMPENSATION FOR LOSS OF REAL PROPERTY Eligible property owners (i.e. people and entities with legally recognized rights of occupation or proven

long standing occupation) will be paid cash compensation for partial or total losses of land and un-

exhausted improvements, such as buildings, other fixed structures, standing crops and trees).

In accordance with the provisions of the Land (Assessment of the Value of Land for Compensation)

Regulations, 2001, the compensation to be paid for real property is the assessed market value of the

affected land or assets, as determined by the valuation surveyors.

Cash compensation for affected land and infrastructure belonging to displaced property owners

normally covers those parts of the land (e.g. plot) and infrastructure actually affected by the creation of

the wayleaves. Many displaced property owners may lose only small strips of land and most of their

property will be unaffected. In other cases displaced persons are able and willing to re-arrange the

residual parts of their plots (i.e. the non-acquired part that lies outside the wayleave) and relocate to the

residual where they can build replacement houses and buildings and continue business, farming and

other activities. However, displaced persons who lose most of their land and/or other assets (e.g. more

than 50%), or where the residual part of a plot or building is no longer viable for continued use, have

been given an option to require the project to acquire the residual. In effect, this is equivalent to total

acquisition of the affected land and/or assets. The compensation package will include in addition to the

value of the property the following:

Disturbance allowance, in cash, is to be paid to eligible property owners as transitional

assistance. Following the Land (Assessment of the Value of Land for Compensation)

Regulations, 2001, the valuation surveyors calculated the disturbance allowance for each

displaced person by multiplying the assessed value of the affected land (not assets) by the

average percentage rate of interest offered by commercial banks on twelve month fixed deposits

(currently 8%).

Transport Allowance: Those eligible property owners who will need to relocate furniture,

equipment, business inventory and other movable assets to a new location, even if only over a


very short distance, are to be paid a transport allowance, paid in cash. The allowance is not

paid when a displaced person does not have to physically move goods and equipment.

Accommodation Allowance: Those displaced persons who lose houses and other structures are

to receive a cash allowance to cover the cost of renting similar houses or structures for a period

of three years, while re-establishing themselves elsewhere. The Land (Assessment of the Value

of Land for Compensation) Regulations, 2001, stipulate that the accommodation allowance is

to be calculated by multiplying the assessed monthly market rent for the affected house or part

of house by 36 months. For the monthly market rent the valuation surveyors applied value

bands based on a market survey of rental properties in the respective areas.

When a business operation is affected by land acquisition the displaced person is to be paid an

allowance to cover the loss of profits for three years while the displaced person is re-

establishing the business at a new location. Alternatively, the displaced person may be paid an

accommodation allowance to cover the cost of renting alternative business premises2 for a

period of three years, while re-establishing the business elsewhere. The loss of profit and

accommodation allowances are not to be paid concurrently in respect of the same property,

except where the property is used for both residential and business purposes. Loss of income

or food sources in respect of small plot farmers will be covered by cash compensation paid for

standing crops and trees.

Families who will need to exhume and relocate graves at another site will be paid the standard

municipal rate. If requested by the displaced persons, the municipalities will provide alternative

burial plots.

The project will provide tenants and lodgers with free mediation and legal assistance in cases

where disputes arise with landlords concerning the non-refund of advance rental deposits and

payments and other issues. This will be effected through the complaint and dispute mechanism

established by the project.

During the detailed design and construction phases of the project it is possible that additional

but small areas of land may need to be acquired and that unforeseen damage may also be caused

by construction teams to properties lying outside the proposed wayleaves. Such affected

property owners will have to lodge compensation claims with TANESCO through their local

leaders. Their claims will be assessed on a case by case basis but they will be eligible for the

same entitlements stipulated in the resettlement action plan for eligible property owners.

15. CONSULTATIONS DURING THE RPF PREPARATION TANESCO utilizes a participatory approach as an on-going strategy throughout the entire project cycle

and in particular during RAP preparation and implementation. . A stakeholder Engagement Plan (SEP)

will be prepared to streamline the stakeholder engagement process in the RAP implementation process.

The overarching purpose of the SEP is to ensure regular, timely, accessible and appropriate

dissemination of information; and to involve stakeholders in the design of mitigation measures, among

others.

A total of 37 village offices were visited with all the affected properties; the meetings were held within

the village offices around the respective villages. The objectives of the consultation meetings were as

follows:

To enlist the support and cooperation of Government officials, politicians and other

stakeholders

Create awareness of the proposed project especially to those who may be directly

affected and those living near the proposed RoW

To obtain stakeholders‟ responses, feedback and concerns on the project

To obtain socio- economic and environmental information on the community

Key issues raised in the consultation and that have been integrated in this resettlement policy framework

include the following:

2 Business premises include, among others, factories, workshops, shops, kiosks, sheds, farm buildings and

livestock pens.


The need for adequate sensitisation on the complete land acquisition include the survey,

valuation and socio-economic census

Grievance handling mechanism

Project scope and areas of influence

Occupational health and safety aspects

16. DISCLOSURE REQUIREMENTS In Tanzania resettlement plans are an integral part of the environmental studies required in terms of the

legislation. The environmental studies have to be reviewed and approved by the National Environment

Management Council that draws its mandate from the Environmental Management Act (No. 20 of

2004). The Council has to be satisfied that appropriate arrangements have been planned to adequately

and appropriately compensate the affected people for their losses including, where necessary,

arrangements for relocation.

On the basis of the recommendation of the Council, the Minister responsible for the environment may

issue an environmental permit to the project developer or proponent. Such a permit is required for many

projects, including the construction of high voltage transmission lines, before implementation of the

project may commence.

17. RAP IMPLEMENTATION ARRANGEMENTS Once the resettlement action plan has been prepared, disclosed and approved, implementation of the

resettlement action plan and delivery of entitlements will commence. Responsibility for implementing

the resettlement measures of the resettlement action plan and delivering entitlements to displaced

persons will be with TANESCO, particularly staff in the Projects Directorate and the Corporate

Planning and Research Directorate. TANESCO will also work closely with other institutions, many of

which have legal obligations to carry out functions related to resettlement and/or compensation. These

include the Ministry of Lands and Human Settlements Development and the relevant municipal and

ward authorities.

The overall coordination of the implementation of the RAP will be provided by TANESCO

which will oversee all resettlement planning and coordinate all issues relating to the

compensation. TANESCO will do this in close collaboration with local authorities falling

within the project area as the preparation and implementation of the resettlement plan will

require the participation of several institutions at different levels. Coordination of the

participating institutions is a critical requirement to a successful resettlement program. It is

always preferred to have this addressed early into the project cycle, so that all participating

parties are made aware of each other’s responsibilities, lines of reporting, communication

channels, expectations and authority limits.

The overall responsibility for the land acquisition process lies with the Ministry of Lands,

Housing, and Human Settlements, through the Commissioner of Lands. However, for this

particular project, TANESCO will be the lead government body applying for the creation of

way leaves or acquisition of land for a public purpose and will work in close coordination and

collaboration with the Ministry of Lands, Housing and Human Settlements during the land

acquisition process.

For the practical execution of the land acquisition activities, TANESCO will work closely with

the District Valuers, Village councils, Village assemblies of the affected villages, and the

affected households or institutions during the compilation of the compensation schedule and

the preparation of the Resettlement Action Plan (RAP).

The Valuation report will be submitted to the Chief Government Valuer for approval. The

compensation schedule will be submitted to the Regional and District Commissions for

verification and approval prior to compensation payments, while the RAP will be reviewed and

approved by TANESCO.

However, given that the project area heavily relies on agriculture (crop and livestock farming),

it is prudent that the agricultural departments are involved especially in the implementation of


the livelihood restoration programs. The process should also be tailored to the resettlement

policy framework for the Participatory Agricultural Development and Empowerment Project,

which has been implemented in Kigoma Region. This would create harmonization of

approaches among sectors, which is a key ingredient to sustainable development.

The municipalities will be responsible for the actual payment of compensation, by cheque, to

each beneficiary upon production of suitable identification. However, the process will be

overseen by the relevant District Commissioners. District and ward authorities have attained

considerable experience in dealing with similar compensation issues associated with recent

projects. Each beneficiary will be required to sign for the receipt of the compensation due on

the compensation schedule. Payment will be made in the presence of the relevant sub-ward

leader. In cases where compensation remains unclaimed it will be retained in the Land

Compensation Fund until the rightful beneficiary does come forward to claim it. The

TANESCO Project Resettlement Unit will handle complaints and disputes in the field before

referring any unresolved issues to the municipal authorities, the Compensation Steering

Committee and the Dispute Resolution Team.

18. GRIEVANCE MANAGEMENT The AfDB’s OS # 2 highlights the need to work with informally constituted local committees made up

of representatives from key stakeholder groups and, in particular, vulnerable communities to establish

a culturally appropriate and accessible grievance and redress mechanism to resolve, in an impartial and

timely manner, any disputes arising from the resettlement process and compensation procedures. During

the implementation of the project activities it is possible that disputes/disagreements between the project

developer and the affected persons will occur. It is therefore necessary to establish channels through

which aggrieved people can file their complaints so as to ensure successful project development and

implementation.

A simple Grievance Redress Mechanism (GRM) has been proposed to enable timely settlement of

grievances to the PAPs. This grievance procedure will not replace existing legal processes in Tanzania

but rather it will seek to resolve issues quickly so as to accelerate receipt of entitlements and smooth

resettlement without resorting to expensive and time consuming legal processes. The grievance

procedures will be secured and administered at the local level to facilitate access, flexibility and

openness to all PAPs. The grievance redress procedure ensures consultations and involvement of the

respective District, Ward and Village officials and other key stakeholders and provides for record

keeping determining the validity of claims, and to ensure that solutions are taken in the most transparent

and cost effective ways for all PAPs. At the time of the detailed socioeconomic survey, the PAPs were

informed of the different grievance mechanisms put in place to enable them to direct their complaints

and dissatisfactions. The project will use a local mechanisms, which include resettlement committees

formed at every village and local leaders of the affected people. These will ensure equity across cases,

eliminate nuisance/un-genuine claims and satisfy legitimate claimants. They will also ensure that there

is transparency, access and flexibility of the procedure for the PAPs.

19. COSTS AND BUDGET An estimated indicative budget based on the results of the consultations, observations, interviews and

literature review is presented below. TANESCO has tried to include all the possible cost items covering

both RAP preparation and implementation. The cost for the compensation is estimated to be USD 18.54

Million. The resettlement and compensation activities will be wholly funded by TANESCO.

20. MONITORING AND EVALUATION FRAMEWORK Monitoring and evaluation is required to check on implementation progress, to ensure that targets are

being met, to assess the processes used to plan and implement the resettlement exercise and to measure

the socio-economic impact of resettlement on the affected population against baseline conditions. The

objective is to ensure that affected persons are adequately catered for and are left in a position no worse

off than they were prior project commencement. Monitoring and evaluation will be part of, or be closely

aligned to, the environmental monitoring and evaluation process to be undertaken for the project in

accordance with the resettlement action plan. The different aspects of monitoring will include progress


monitoring and reporting, validation survey, monitoring and evaluation of socio-economic impacts and

an external valuation to ensure that the outcomes of the RAP process are achieved.

21. REFERENCES AND CONTACTS

Resettlement Policy Framework for 400 kV Transmission Line from Nyakanazi to Kigoma

(280 km) and Substations in Nyakanazi and Kigoma/Kidahwe)

Resettlement Action Plan for the Construction of 132 kV Transmission Line from Malagarasi

to Kidahwe Substation (53 km), Kidahwe 400/132/33 kV Substation and Hydropower Plant

Area in Igamba

For more information, please contact:

FOR AfDB

Andrew Muguwa: Principal Power Engineer: [email protected]

o Justine Ecaat: Principal Environment Specialist: [email protected]

o Edith Birungi Kahubire, Senior Social Development Specialist: [email protected]

mailto:[email protected]



project: tanzania north west grid (400 kv ......400kv transmission line from kigoma to sumbawanga...

Documents