vaitele street upgrade (vailoa vaitele) abbreviated land

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Report Vaitele Street Upgrade (Vailoa - Vaitele) - Abbreviated Land Acquisition and Resettlement Plan Prepared for Land Transport Authority (Samoa) By Beca International Consultants Ltd (Beca) 27 June 2014 © Beca 2014 (unless Beca has expressly agreed otherwise with the Client in writing). This report has been prepared by Beca on the specific instructions of our Client. It is solely for our Client’s use for the purpose for which it is intended in accordance with the agreed scope of work. Any use or reliance by any person contrary to the above, to which Beca has not given its prior written consent, is at that person's own risk. Public Disclosure Authorized Public Disclosure Authorized SFG2939 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

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Page 1: Vaitele Street Upgrade (Vailoa Vaitele) Abbreviated Land

Report

Vaitele Street Upgrade (Vailoa - Vaitele) - Abbreviated Land Acquisition and Resettlement Plan

Prepared for Land Transport Authority (Samoa)

By Beca International Consultants Ltd (Beca)

27 June 2014

© Beca 2014 (unless Beca has expressly agreed otherwise with the Client in writing).

This report has been prepared by Beca on the specific instructions of our Client. It is solely for our Client’s use for the purpose for which it is

intended in accordance with the agreed scope of work. Any use or reliance by any person contrary to the above, to which Beca has not given its

prior written consent, is at that person's own risk.

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Revision History

Revision Nº Prepared By Description Date

A John Hallett Draft Report for comment 27/06/2014

B John Hallett Final Draft 21/07/2014

Document Acceptance

Action Name Signed Date

Prepared by John Hallett

Reviewed by Keith Frentz

Approved by John Hallett

on behalf of Beca International Consultants Ltd

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Table of Contents

1 Introduction ............................................................................................................. 2

1.1 Project Outline .................................................................................................. 2

1.2 Financing and Co-financing Agreements .................................................................. 2

1.3 Choice of Plan .................................................................................................. 2

2 Project Description and Components ........................................................................... 5

3 Legal, Policy and Regulatory Context ........................................................................... 8

3.1 CIM Plans and the Planning and Urban Management Act ............................................ 8

4 Census Survey and Asset Inventory ............................................................................. 9

4.2 Final Design Alignment ....................................................................................... 9

5 Institutional and Implementation Arrangements............................................................ 10

5.2 Crops ........................................................................................................... 11

5.4 Capacity Building Measures ............................................................................... 13

6 Monitoring and Implementation ................................................................................. 14

6.1 Monitoring ...................................................................................................... 14

6.2 Implementation ............................................................................................... 14

7 Grievance Redress Mechanisms ................................................................................ 15

7.1 Grievance Procedures ...................................................................................... 15

8 Public Consultation and Disclosure ............................................................................ 17

8.2 Summary of Public Consultation .......................................................................... 19

8.3 Preliminary Environmental Assessment Report ....................................................... 19

8.4 Social Impact Assessment ................................................................................. 19

9 Implementation Timetable and Budget ........................................................................ 21

Appendices

Appendix A – Project and Land Take Plans

Appendix B – Social Impact Assessment

Appendix C – CIM Plan Signature Pages

Appendix D – Summary of Assets Affected By Road Upgrade

Appendix E – German Flur Plan 11B From Pre-1914

Appendix F – Land Valuation Report

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1 Introduction

1.1 Project Outline

Under a future urban road hierarchy, Vaitele Street has been designated as the primary east-west

arterial road for the island of Upolu, providing a southern bypass of the Apia central business district

then extending westwards to the developing light industrial area in Vaitele.

The current road upgrading project covers a section of Vaitele Street approximate 2.3 km long, from

the end of the recently constructed section at Vailoa to the western end of the Vaitele Industrial

Estate.

The location of the project is shown in Figure 1.1 and the proposed alignment for the road and the

area affected by the project are shown in Appendix A.

1.2 Financing and Co-financing Agreements

Vaitele Street upgrade and widening is funded from two different projects. The Design and

Documentation Services is being funded from a Grant received by the Government of Samoa from

the Pacific Regional Infrastructure Fund (PRIF) through the International Development Association

(IDA), as a sub-component of the Samoa Infrastructure Asset Management Project-phase 2 (SIAM-

II).

The construction and construction supervision is to be funded from a Grant received by the

Government of Samoa from the International Development Association (IDA), towards the cost of

the “Enhanced Road Access Project” and intends to apply a portion of these proceeds to eligible

payments under Contract No.1.1.1 Construction of the Vaitele Street section from Vailoa to

Vaitele”.

1.3 Choice of Plan

World Bank OP 4.12, Involuntary Resettlement, distinguishes between projects with more

significant adverse impacts associated with land acquisition and projects with less significant

impacts. The policy (Para. 19) states that the scope and level of resettlement planning should be

commensurate to the scale and complexity of those impacts. The policy establishes that an

“abbreviated resettlement plan” (ARP) may be prepared when fewer than 200 people are affected,

or when impacts are considered to be minor. The policy indicates that impacts are considered minor

if those affected are not to be physically displaced, and less than 10 percent of an affected person’s

productive assets are lost.

An ARP has been chosen for the Vaitele Street Upgrade project because the criteria stated above

are satisfied. In particular no houses (or households) will be physically displaced and the land

acquisition requirements are restricted to two very small areas at curves in the road alignment.

Less than 10% of the productive assets of the people affected will be lost through the construction

of the road.

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Figure 1.1 – Locality Plan

1.4 Structure of Plan

This Abbreviated Resettlement Plan provides a detailed mitigation plan for any impacts on land,

crops and other assets as a result of the project. The consultation carried out with the local land

owners/occupiers is described in the Social Impact Assessment (SIA) attached as Appendix B. The

SIA describes who will be impacted by the construction of a wider road documents how their

views and concerns have been addressed in the final design. The landowners’ permission has been

obtained by direct negotiation and compensation for the small amounts of land required for road

construction. Permission to define drainage easements has also been obtained by direct

negotiation with the landowners on the basis that the ownership of the land remains with them.

A plan of action is outlined in regard to the use of the land for the drainage easements and for

compensation for the potential loss of any fruit trees that are growing on the road reserve which

the adjoining land owner has been harvesting.

The key components of this ARP are:

Section 1 – Introduction

Section 2 – Project Description and Components, including Objectives and Key Principles of the

Abbreviated Resettlement Plan (ARP)

Section 3 – Legal, Policy and Regulatory Context

Site

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Section 4 – Census Survey and Asset Inventory

Section 5 – Institutional and Implementation Arrangements

Section 6 – Monitoring and Implementation

Section 7 – Grievance Redress Mechanism

Section 8 – Public Consultation and Disclosure

Section 9 – Implementation Timetable and Budget

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2 Project Description and Components

2.1 Project Development

The Apia to Faleolo Road (the West Coast Road) was recognised in 1969 as an arterial road

connecting the capital Apia with the newly upgraded international airport at Faleolo and the wharf

for the ferry to Savai’I at Mulifanua. The Faleolo Road Act of parliament was passed to legislate for

the purchase of land to create a 30m road reserve for the upgrade and realignment of the existing

very narrow and winding road. A 30m road reserve was created in 1969 to future-proof the

corridor for any further upgrades of the road that could be required at a later time. The author

understands that compensation was paid to the communities that owned the land at rates

pertaining to that period of time.

The road network in Apia and the surrounding district was originally developed to meet the

transportation and traffic needs in the 1970s. By the year 2000 economic growth in Samoa had

brought with it a large increase in traffic, particularly in Apia and the surrounding district. Large

trucks were also required to transport goods to and from the port in Apia to the industrial estate

that had been created at Vaitele. Traffic within Apia was becoming congested, especially at peak

times. Traffic safety was becoming an issue with a significant number of accidents occurring each

year.

In 2003 Beca carried out the “Apia Road Network and Traffic Management Study” as part of the

World Bank funded second Samoa Infrastructure Asset Management (SIAM-II) project. This study

examined the transportation network in the greater Apia area and recommended road widening

and upgrades for sections of the Apia road network. A major component of the upgrade

recommended was the reconstruction and widening of Vaitele Street to four lanes for its full

length from Falealili Street at Maluafou to Atone Street at Vaitele. As a component of the SIAM-II

project, the widening and upgrade of Vaitele Street proceeded under several contracts from

Falealili Street to Vailoa Road. The Land Transport Authority (LTA) now wish to complete the final

2.3 km length to Vaitele as a component of ERAP and in doing so realise the full benefits of the

work done to date.

The key aspect of this Plan is that the land for the road reserve was acquired in 1969 and the

design of the widening has with two minor exceptions kept the road and footpaths within the road

reserve. The land required for the road widening, the drainage easements and the treatment of

existing road frontages is dealt with in this plan.

2.2 Project Components

2.2.1 Widening and reconstruction of Vaitele Street Component

The objectives of this component of the project is to upgrade the existing section of Vaitele Street

between Maleafou and Vaitele to provide four traffic lanes and suitable pedestrian facilities to

create an improved, safer and more efficient transport link for all users of the road, while also

enhancing the resilience of the road in regard to extreme climatic events by improving the

drainage systems for the road and the surrounding area.

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The road upgrade and widening is to specifically provide the following:

Four lane asphaltic concrete surfaced pavement with kerb and channel and footpaths on one or

both sides as required.

Bus stops and any other required traffic and pedestrian facilities.

Drainage upgrade with replacement of any existing cross-drains / culverts and construction of

associated longitudinal drainage.

Traffic control signage and facilities including traffic lights at intersections that show significant

improvement in safety and efficiency with signals.

Provide a cyclone and tsunami damage resilient road.

2.3 Project Timeline

As different activities that have taken place are described in the ARP it is advantageous to

understand when they took place during the course of the project to date. The following timeline

is provided to help with this understanding.

2003 – The “Apia Road Network and Traffic Management Study” was carried out.

2005/06 – Vaitele Street Upgrade and widening from Falealili Street to Vailoa designed

2006 - CIM plan developed following consultation with the villagers in Apia and surrounding district, including the upgrade and widening of Vaitele Street.

2006/07 - Contract B4.0602A, B & C – Vaitele Street widening and upgrade constructed from Falealili Street to Lepea Bridge.

2011/12 – Design Review and Update for Vaitele Street widening and upgrade from Lepea Bridge to Vailoa.

2012/13 – Contract B4.0603 – Vaitele Street widening and upgrade constructed from Lepea Bridge to Vailoa.

June 2013 – LTA hold a meeting to consult with the relevant Pulenu’u from all villages likely to be impacted by the Enhanced Road Access Project (ERAP). A component of ERAP is the Vaitele Street Widening from Vailoa to Vaitele and this component attracted significant interest with requests being made for improvements to the drainage, pedestrian crossings and bus stops. Requests were also received for footpaths to be constructed on both sides of the road and for the road alignment to be moved over to the south side of the road reserve where there was the nature reserve at Vaigaga and Vaitele and therefore provide better parking facilities for the commercial properties on the north side of the road. The need for a four lane road was also questioned.

January 2014 – LTA Liaison Officer advises the Pulenu’u for the villages along the route that the road is to be surveyed and engineering investigations undertaken.

March 2014 – The preliminary design drawings are completed and two options presented to the LTA in regard to the road alignment through Vaigaga and Vaitele. As requested from the June 2013 consultation one option had the road alignment over to the south side of the road reserve where there was the nature reserve at Vaigaga and Vaitele. However, this option required the old grave that is partly on road reserve near the Vaitele Industrial Road intersection to be re-located off the road reserve. The other option had the road

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alignment more to the centre of the road reserve with the grave being able to stay in its present location but with less parking on the north side of the road. The LTA suggested the grave issue would take far too long to resolve and that a compromise alignment be considered whereby the road alignment remained to the south but with a localised movement in the alignment to avoid the grave.

28 April 2014 – Meetings held with the Pulenu’u from Vailoa, Vaiusu, Vaigaga, Vaitele and Saina to explain the objectives of the project and to show the proposed road upgrade designs and to seek feedback. In general feedback was very positive regarding the road design and improvements to drainage. The need to provide sufficient bus stops and pedestrian crossings was reiterated and it was also considered that the issue of relocation of the grave would be difficult and take a considerable length of time.

28 April – 20 May - Preliminary design developed further based on feedback from Pulenu’u. The changes made were as follows:

o Bus stops included on both sides of the road at Vaiusu, Vaigaga (2x) and Vaitele (5x).

o Pedestrian crossings included at Vaiusu Road intersection, Vaigaga School, Vaitele Industrial Road intersection and Faleata Road intersection.

o Footpath included full length of south side and also on north side from the Vaiusu Road intersection to Saina to accommodate the pedestrian traffic for the shops and school and churches.

o A localised shift in the alignment from the south side to the centre of the road reserve was design in the vicinity of the Vaitele Industrial Road intersection to avoid the old grave. Parallel parking on the north side near the shops was supplemented with parallel parking on the south side. Access from the south side to the shops on the north side was improved with the inclusion of a pedestrian crossing at the Vaitele Industrial Road controlled by traffic lights.

23 – 30 May 2014 – Village Consultation meetings and meetings with business owners held to explain the objectives and impact of the project component and to demonstrate where the road reserve boundaries are located.

June 2014 – Final design drawings (Appendix A).

June 2014 – ARP prepared.

Objectives and Key Principles of the ARP

The project’s development objective is to assist the Government of Samoa in its efforts to support

the ongoing enhancement of road access within Samoa. This project assists communities through

the provision of enhanced transport infrastructure to provide safe access to facilities within Apia

and the surrounding district and assistance to address the resilience of the road network to future

natural disasters.

Key Principles

1. That the government owned land for the road reserve largely caters for the road widening and improvements without the need for significant land acquisition.

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2. That no houses or households are required to be relocated. 3. That the road alignment, where possible, caters for the many instances of buildings and

fences constructed on the road reserve. 4. That the alignment is chosen in direct consultation with the residents alongside the road

to provide suitable vehicle access, pedestrian facilities and parking. 5. That any loss of productive trees on the road reserve has been minimized and in the very

few situations where this will occur the residents will be compensated for in accordance with the Government of Samoa’s recommended standards.

6. That the small amounts of land required for the road and drainage upgrade will be voluntarily acquired and the land owners will be compensated for the value of the land as determined by a registered Valuer.

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3 Legal, Policy and Regulatory Context

Land ownership and village governance in rural Samoa are unique with land collectively owned by

each village in a situation know as customary ownership. Land in customary ownership cannot be

bought or sold and is protected by the Constitution for the "customs and usages" of the people of

Samoa. Land can be acquired by use of the “Taking of Lands Act 1964” for a public purpose but

this can be fraught with difficulty unless the vast majority of villagers are in agreement with the

proposed land usage.

This project component is fortunate in that the original road reserve and occupation of the land by

individual families was surveyed and recorded during the German Administration per-10914. The

land alongside the road therefore has freehold title based on the western style of surveyed lots

defined on plans deposited with the Ministry of Natural Resources and Environment (MNRE). In

this situation the land title is held by a person or persons (family) who have inherited or purchased

the land. Land values can be determined by a qualified Valuer from historical and recent sales.

Where land is freehold, village governance is a modified style compared with the traditional and

although residents on freehold land may still be part of the village society and governance

structure they are completely independent in regard to matters pertaining to their land. They may

also sell their land to someone who has no relationship with the village as is the case for the

industrial and commercial lots in Vaitele.

3.1 CIM Plans and the Planning and Urban Management Act

CIM Plans were initially prepared before the adoption of the Planning and Urban Management

(PUM) Act. They were prepared as a partnership between The Government of Samoa and the

Villages specifically to improve the resilience of village and government infrastructure to natural

hazards. The recommendations made in the CIM Plan are to be implemented over time as

infrastructure renewal and relocation becomes appropriate or necessary. Copies of the signature

pages from the CIM Plans that incorporate these villages are attached as Appendix C.

The PUM Act placed an environmental assessment process around any development including the

construction of new roads such as this project. One of the key assessment criteria is whether the

proposed development is in accordance with the relevant CIM Plan. A Preliminary Environmental

Assessment Report (PEAR) has been prepared for Vaitele Street widening in accordance with the

requirements of the PUM Act.

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4 Census Survey and Asset Inventory

4.1 Persons and Assets Affected

During the preparation of the proposed road upgrade, details of buildings, fences and hedges on

the road reserve were determined and are reported in Appendix D. The road upgrade design has

resulted in no buildings needing to be relocated, even though many of these are partially on the

road reserve. Many of the fences and hedges on the road reserve will need to be relocated back to

the boundary of behind the footpath if LTA give permission for them to remain on road reserve.

In the commercial and retail areas, where off street parking has been provided by the property

owners the design allows for entry and exit to these. Where the drainage for the off street parking

currently flows to the road, this will be collected in a sump and piped to the proposed enclosed

drainage system under the footpath. Where off street parking has not been provided by the

property owners, parking has been able to be incorporated into the design on the road reserve in

all but one case located near to Atone Road intersection where the buildings occupy too much of

the road reserve to provide parking.

In some locations mature trees located on the road reserve will need to be removed. Where a

family has been harvesting fruit from the tree, compensation for the tree will be paid at standard

MNRE rates.

All vehicle driveways will be re-graded as required to suit the design vertical alignment and a new

metal base provided. Where this results in a steepening of the driveway to any significant extent

the driveway surface will be constructed of concrete.

A summary of the number of properties with hedges and fences to be re-located and trees that

will be removed because of the road construction is given in Table 4.1

Table 4.1 - Hedges, Fences and Trees Impacted by Road Upgrade

Description Number

Hedges to be relocated 14 properties

Fences to be relocated 12 properties

Trees to be removed Approx. 24 on frontages of private property Approx. 16 on frontage of nature reserve

4.2 Final Design Alignment

The final design alignment took into account the feedback from the people living along and nearby

the road corridor and documented in the PEAR. The LTA requested that the design be for an

arterial road with a design speed of 60kph and where possible the alignment should be designed

to utilise the existing road pavement, avoid buildings and areas of cultural significance (e.g. graves)

(even if they are on the road reserve), provide satisfactory access to all properties. The layout

plans showing the design road alignment are in Appendix A.

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The final design alignment achieved the project objectives of low impact on owners/occupiers

with no buildings to be relocated, minimal earthworks, only three drainage easements and only

four small areas of land to be acquired.

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5 Institutional and Implementation Arrangements

5.1 Land

The 30m wide road reserve for the West Coast Road (including Vaitele Street) was acquired in

1969 as part of the Faleolo Road Act. Further small amounts of land are required at two locations

at Vaiusu and two locations at Vaitele for the road upgrade. In three of the four locations the land

is required to formalise existing use of private land for the road and to gain some extra to

accommodate the provision of the footpath or for intersection improvements. The land

requirements are shown in Table 5.1.

None of the land required for road widening is currently being used for buildings or graves,

however, several trees will be impacted. The families who own the land have indicated they are

willing sellers providing compensation is based on current land values and would also require

compensation for any fruit trees that have to be removed. Compensation for crops is described in

5.3.3.

Drainage easements are required in three locations as shown in Table 5.2. In all cases the drainage

easements are for piped drains connecting the road drainage to the lagoon or river. The basis of

compensation is described in 5.3.2.

The location at 120 is an existing watercourse that was piped and filled when the previous section of Vaitele Street was reconstructed. The water course appears to be in private ownership and there is no formal drainage easement. An easement will need to be surveyed and formalised.

The location at 470 is currently a drainage outlet and the drain is the boundary between the land owned by two families. This outlet will be piped which would prevent any overflow during periods of heavy rainfall and a drainage easement surveyed and formalised.

The easement required at 1730 is a new location and will require a piped outlet to be constructed alongside the property boundary and an easement surveyed and formalised.

Table 5.1 - Land Requirements

Village Location (m)

Side Area (m2)

Assets on land Owner

Vaiusu 280 - 300 South 59 None Tuaena Family *

Vaiusu 300 - 370 South 628 2 Coconut & 4 Mango trees

Paulo Family *

Vaiusu 370 - 380 South 16 None Ulberg Family * Pvt Road

Vaiusu 380 - 400 South 44 3 Breadfruit trees Toleafoa Family *

Vaiusu 540 - 590 South 163 Mango tree Seiuli Family

Vaiusu 1400 South 23 None MNRE Reserve

Vaiusu 1880 South 244 None Salafai Metal Industries

NOTE: The owners shown as * jointly own one area of the land required for the road.

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The land requirements for drainage easements are as follows in Table 5.2.

Table 5.2 - Easement Requirements

Village Location (m)

Side Area (m2)

Assets on land

Owner

Vailoa 120 North 278 None Simanono Family

Vaiusu 470 North 124 None Boundary between Lava Ipuniu Family and Tapunuu & Luisa Isaia Family

Vaitele 1730 North 180 Small sheds

Emelina Mapuvao Mataia Family

5.2 Crops

There are no significant crops impacted because of the road upgrade, although some front yard

gardens may be minimally impacted by the construction work. After the contractors have pegged

the extent of the clearing required any garden plants or fruit trees impacted can be accurately

counted and compensation will be paid by MNRE at standard rates. As indicated in Table 4.1 there

are approximately 24 mature trees and it is assumed the majority of these are fruit trees. Although

these trees are growing on road reserve LTA appreciates that if the families involved have been

harvesting the fruit, it will be a loss to them and compensation should be paid.

The exact number of plants for each crop will not be able to be measured until the

contractor(s) have pegged the extent of the land to be cleared for earthworks. The current

estimate of fruit trees is considered conservative.

5.3 Valuation of Assets

5.3.1 Land Compensation

As explained previously the land for the road is primarily contained within the existing road

reserve. Where land is required for curve and intersection improvements, plans have been

prepared by a registered Surveyor (Soloi Survey Services) and valuations made by a registered

Valuer (Elon Betham and Associates Ltd). The valuations are shown in Table 5.3.

Table 5.3 - Land Valuations

Village Location (m)

Side Area (m2)

Assets on land

Owner Land Value (SAT)

Trees Value (SAT)

Vaiusu 280 - 300 South 59 None Tuaena A 19,700 0.00

Vaiusu 300 - 370 South 628 Trees Paulo Family 209,800 528.00

Vaiusu 370 - 380 South 16 None Ulberg Family 5,300 0.00

Vaiusu 380 - 400 South 44 Trees Toleafoa Family 14,700 252.00

Vaiusu 540 - 590 South 163 None Seiuli Family 54,000 84.00

Vaitele 1400 South 23 None MNRE Reserve 8,000 0.00

Vaitele 1880 South 244 None Samoa Metal Industries

83,500 0.00

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5.3.2 Easement Compensation

All easements are to be piped underground connections from the road drainage to the lagoon or

river. The only restrictions on the use of the land over which the easement applies will be that the

planting of trees or construction of permanent buildings will not be permitted.

Where land is required for drainage easements, plans have been prepared by a registered Surveyor

(Soloi Survey Services) and valuations made by a registered Valuer (Elon Betham and Associates

Ltd). Because the legislation regarding easements is recent in Samoa there were no precedent

values available. The Valuer advised that values in the order of 10 – 15% of the land values are

typically paid in NZ for a piped drainage easement dependent upon the restriction imposed by the

easement in regard to the potential construction of permanent buildings on the lot.

In the case of the Vailoa and Vaiusu easements, there is already an outlet drain based on natural

water courses. The piping of theses outlets brings improved amenity for the yard and reduced

potential for flooding. It could be argued that the piping of the water courses brings betterment to

these properties and compensation is not required, however, for the purpose of consistency and

harmony, LTA have agreed compensation should be paid at the lower recommended. The Vaitele

easement is over land that has no present drainage function and does restrict the ability to build

within 4m of the side boundary. In this case there is some loss of amenity and hence the higher rate

is recommended for this property. The loss of the sheds must also be compensated.

The valuations are shown in Table 5.4.

Table 5.4 - Easement Requirements

Village Loc. (m)

Side Area (m2)

Assets on land

Owner Land Value (SAT)

% Land Value

Land Comp. (SAT)

Assets Comp. (SAT)

Vailoa 120 North 278 None Simanono Family

93,000 10 9,300

Vaiusu 470 North 62 None Lava Ipuniu Family

20,500 10 2,050

Vaiusu 470 North 62 None Tapunuu & Luisa Isaia Family

20,500 10 2,050

Vaitele 1730 North 180 Sheds Emelina Mapuvao Mataia Family

60.000 15 9,020 11,400

5.3.3 Crop Compensation

The rates for crop compensation are set by MNRE for use throughout Samoa. The current standard

rates are currently being reviewed and updated by MNRE and the rates that are current are

contained in the Appendix D. These rates allow for the productivity of the crop, i.e. younger

productive trees are worth more than older less productive trees. The rates also allow for the time

required for the tree to become productive after planting, i.e. the more substantial slower growing

trees (e.g. coconuts) are valued more highly than those that grow quickly (e.g. papaya). The rates

for crops that are under review have been estimated for this ARP.

A site inspection carried out during April by Beca and OSM staff did not record any crops that

would be impacted by the road upgrade. However, during the consultation with the villagers it was

considered by some residents that some gardens planted on the road reserve land may be

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impacted. This may have been because they were not easily able to visualise the extent of the

earthworks from the plans. Should any of the gardens or fruit trees be affected, the exact number

of plants to be destroyed can only be established once the area to be cleared for earthworks is

established on the site. Once the numbers are agreed between the MNRE and the property

owners, compensation can be calculated at the standard rates. All properties have sufficient land

to relocate any gardens off the road reserve

Assuming that there are 24 mature fruit trees to be compensated, and using the maximum value

for a tree of SAT 100, then compensation for trees is approximately SAT 2,400. If there are any

gardens that are impacted, a contingency sum of SAT 5,000 would be adequate for compensation.

A total budget of SAT 10,000 is recommended for fruit trees and crops compensation.

5.4 Capacity Building Measures

The provision of safe and efficient road access to the schools and commercial facilities in central

Apia provides a significant advantage to villagers in the area. Improved transport systems reduce

non-productive time spent travelling to and from work and allow for an increase in time to spend

with family and in recreation.

The road alignment also provides a utility corridor along which telecommunications, electricity and

water infrastructure in particular can deliver services to the area. The road upgrade provides for the

services with the placing of underground ducting as part of the road upgrade. In this way the

capacity of villagers to increase productive time and educational opportunities can be enhanced as

well as increasing resilience to natural hazards along this road.

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6 Monitoring and Implementation

6.1 Monitoring

The LTA will monitor that any crops and fruit trees impacted are correctly identified and counted via

their contract supervision consultant, after the Contractor’s surveyor has set out the area to be

cleared for earthworks. A record of the crop numbers for each family affected will be signed off by

the Matai, the Pulenu’u and an MNRE representative before earthworks commence.

It will be the task of the MNRE staff to apply the standard rates to calculate the compensation to be

paid to each family affected by the road construction and to pay the compensation amount. Copies

of the compensation certificates will be supplied to LTA to certify that the correct compensation

rates have been applied and total compensation calculated and paid.

6.2 Implementation

It is noted that resettlement as a consequence of the construction of Vaitele Street Upgrade is not

required. The following section describes the implementation of the ARP with regards to the

compensation for any land requirements or crops impacted by the road upgrade:

1. MNRE will provide compensate the owners of any land to be acquired as per the valuations

obtained and shown in Tables 5.3 and 5.4 or as may be updated from time to time. Should

the extended family be unable to agree as to who has pule over the land, the compensation

will paid to an escrow account until the matter is settled in the court.

2. MNRE will give a written confirmation to the World Bank that they will compensate for any

fruit trees and crops impacted by the road upgrade and have sufficient budget to do so.

3. After the construction tender has been let, the contractor will set out the batter pegs at the

clearance limits for the earthworks. Before work commences any productive crops on the

road reserve found to be affected will be counted in the presence of the Pulenu’u and an

LTA, NMRE and occupying family representative. A record of the exact crop numbers to be

destroyed will be made by the Supervising Engineer and signed by all parties. Example

photos will be taken.

4. The crop owners will be given 2 weeks to harvest any fruit or plants that are ready for

harvest before ground clearing begins.

5. MNRE will pay compensation for the crops based on the standard rates. Should the

extended family be unable to agree as to who has pule over the land, the compensation will

paid to an escrow account until the matter is settled in the court.

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7 Grievance Redress Mechanisms

7.1 Grievance Procedures

Extensive consultation has been carried out to inform the residents who own/occupy land adjoining

the road. Many residents were surprised when shown the road reserve boundary monuments as

they have believed they owned the road frontage out to the road carriageway. However, there was

acceptance of the situation because the road boundaries could be demonstrated to have been

established many years ago and because the LTA stated that the relocation of fences and hedges

where required would be done as part of the project at no cost to the residents and no buildings

(even those located partly on the road reserve) would require removal. There was some concern

about fruit trees that may be impacted, however, LTA are agreeable to compensate the owners of

any fruit trees removed, even if they are on the road reserve.

Commercial property owners appeared to have a much better understanding of the road reserve

boundaries and were generally very positive about the project providing parking and bus stops were

suitably catered for.

Given that the consultation has been very successful and the community now has a good

understanding of the land and crop issues, it is considered unlikely that grievances will be

experienced. Notwithstanding this, a Grievance Redress Mechanism (GRM) has been agreed

between the communities and LTA.

7.1.1 Land Disputes

Most of the land along the route has been surveyed since the times of the German administration

as can be evidenced from the Flur Plan 11b (pr-1914) shown in Appendix E, which was obtained

from MNRE. The titles are predominantly freehold and the families holding the title are registered

with the MNRE. Therefore, in most cases ownership of the land can easily be established.

Where small parcels of land need to be acquired because of the construction of the road, or

drainage easements required to improve the drainage of the area, the mechanism for compensation

will be through provision of compensation based on present land values or restrictions on land

usage in the case of the easements. All families approached have been willing sellers.

Should a family, on reflection, consider they have been severely disadvantaged by the replacement

of fences and hedges or by the amount of compensation offered, they can approach the LTA Public

Relations Officer (Ms Anelisa Auelua [mailto:[email protected]]. Ms Aulelua will approach the

family to ascertain why they feel aggrieved and to try and resolve the situation by a consensus

decision. If consensus is not possible the assistance of the MNRE Lands Team will be sort. The

Pulenu’u or others may also be approached to mediate in the compensation process. The mediation

process will be implemented according to traditional methods of mediation/conflict resolution. The

resolution will then be documented on the relevant consent forms and verified.

Failing mediation, the aggrieved family can approach the Government directly through making

representations to their Member of Parliament or directly to the Minister of Lands. Where mediation

has failed, it is important for the affected family to know that their grievance is heard personally and

at the highest level of Government. The Minister of Lands will also have the opportunity to ensure

that all avenues have been exhausted in trying to resolve the grievance presented.

There may be instances in which the “pule” or authority over the land is disputed or the matai

cannot be determined or resides overseas. In some instances, the family owners or occupiers

concerned may not have a designated matai and it may be necessary for compensation to be held

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by the Minister of Lands for payment to the beneficial owners of the land, once they are identified

and known. Such disputes are referred to the Lands and Titles Court for a decision about who has

“pule” over the land or title in dispute.

7.1.2 Crop disputes

There are very few crops involved, however, there will be a number of fruit trees impacted. These

will be counted and recorded on a standard form once the area to be cleared has been marked out.

This will be done in conjunction with the owner of the crops and result in a signed agreement as to

the type, age and number of plants to be destroyed. The signature of the crop owner will be

witnessed by the Pulenu’u and MNRE staff member present. It will be the responsibility of the

MNRE staff to allocate the standard compensation rates for each plant type and to calculate the

total compensation to be paid. The calculation of the total compensation and the payment of this are

to be recorded by way of a compensation certificate, a copy of which will be supplied by MNRE to

the LTA staff to be recorded in the project file.

Although disputes are unlikely to arise in regard to crop compensation, it is possible that grievances

could arise and would be redressed as follows:

1. The crop owner disputes the allocation of the compensation rates or the calculation of the

compensation based on the standard rates and number of plants. Should this occur the

family affected can approach the LTA Public Relations Officer (Ms Anelisa Auelua

[mailto:[email protected]] who will obtain an independent calculation which she will

advise to the family and the MNRE.

2. The crop owner considers the Contractor has cleared more land than originally indicated.

Should this occur the family affected can approach the LTA Public Relations Officer as

above, who will arrange for an independent assessment to be made by the construction

supervision Consultant of the area cleared. The result of the assessment will be advised to

the family making the complaint and to MNRE for further compensation should it be

warranted.

3. Where the pule or authority over the land and crops is disputed, especially in regard to

older plants, e.g. coconut trees, mango trees, etc., it may be necessary for compensation to

be held by the MNRE for payment to the beneficial owners of the land, once they are

identified and known. Such disputes are settled in the Land and Titles court.

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8 Public Consultation and Disclosure

8.1 Village Governance and Decision-making

The manner in which village governance includes all villagers in the decision making is shown in the chart below (Figure 8.1).

Figure 8.1 – Consultation within Samoan Village Context

Fono

(Matai A, B, C)

Matai A for Extended Family A

Family A1 Family A2

Matai B for Extended Family B

Family B1 Family B2

Matai C for Extended Family C

Family C1 Family C2

Pulenu'u

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There are three levels in the hierarchy starting with the Fono (village council), the Matai (chief) for

the extended family and then the nuclear families, which are usually represented by both parents,

although the Father is normally the spokesperson.

Village decision making and communication primarily works upwards through the hierarchy shown

in Figure 8.1 with each nuclear family meeting every evening prayers and a meal at which time any

family issues are discussed by all family members. If there is an issue that is wider than can be

dealt with by the nuclear family it will be communicated upwards to the Matai for the extended

family. After discussion with the other nuclear family representatives in the extended family the

Matai will decide the outcome. The decision is almost always reached by consensus. Similarly if the

issue is wider than can be dealt with by the extended family the Matai will elevate the issue to the

Fono, where in consultation with the Matai from the other extended families in the village a

decision will be reached on the way forward.

When approaching villagers on almost any issue, but certainly when it involves community

property, consultation must start at the top of the tree shown in Figure 8.1. The formal channel of

communication from the government to the village is via the Pulenu’u (Mayor) who is elected by

the village as their spokesperson. The Pulenu’u does not have any authority other than that given

to him on any issue by the Fono (Village Council). His main responsibility is to formally

communicate information from the government to the Fono and then to communicate the

decisions made by the Fono or views they may have on any issue back to the Government. He may

also sign formal documents on behalf of the village but only with the agreement of the Fono for

him to do so.

Once the Pulenu’u has communicated to the village that he has received a request to consult and

the Fono have agreed that consultation should take place. The meetings are usually public

meetings held at the local church hall or in a large village fale. All families with an interest in the

meeting will have a representative there and anyone can speak and give their opinion. This is not

restricted to the Matai or the males and the women are free to state (and usually do so) how they

feel in regard to any proposed changes and how this may affect them. The content of the

consultation is then raised at the nuclear family meetings and the process of working through the

village decision making process as outlined above takes place. Grievances are usually addressed

and resolved before the Fono will arrive at a decision and give the Pulenu’u authority to sign a

formal agreement on behalf of the village.

Where the land is in customary ownership it is culturally impossible to obtain signed agreements

from individual occupiers. Each village is an autonomous authority and the elected Matais make

the decisions on behalf of all village members. This is not as bad as it may sound as each Matai is

elected by the families that they represent for the qualities they have and the titles are not

hereditary. As the title can be withdrawn by the family such decisions are not made without first

discussion and agreement of the family.

The land along this project site is in freehold title and not customary ownership, therefore the

individual property owner/occupiers can be approached for specific purposes, such as when land

is required or fences are to be altered. However, for work being carried out on the road reserve,

the consultation is still a village based activity, with village meetings held as described above.

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Although effects on individual properties are discussed and mitigation of these proposed during

the village meetings, the response regarding the overall acceptance of the project as being

beneficial to the community is still considered to be a village decision to be communicated by the

Pulenu’u to LTA.

As sometimes occurs, there may be dissenters to a decision but in this case the Pulenu’u from all

of the villages along the route have indicated that the project has the overall support of each

village.

8.2 Summary of Public Consultation

The consultation carried out and the results obtained are described in detail in the SIA attached to

the PEAR and is also attached to this report as Appendix B. A summary of the consultation steps is

as follows:

1. The LTA met with the Pulenu’u in from each village along the route in January 1014 to inform them that surveyors and engineers would be working along the length of the project and the work would be contained within the road reserve.

2. After the survey and preliminary design was carried out, meetings were held with individual village Pulenu’u by the Consultants and the LTA Liaison Officer to explain the project and the benefits that could be expected. Feedback was sought in regard to the preliminary design.

3. Following the meetings with the Pulenu’u the preliminary design alignment was updated to take into account the feedback from Pulenu’u in regard to the need for footpaths, pedestrian crossings, drainage, cultural issues, etc. The updated design alignment was designed to avoid buildings, avoid the old grave at Vaitele and to provide sufficient bus stops, pedestrian crossings and parking.

4. In May 2014 public consultation was held in each village where a presentation was given of the benefits of the project and the design drawings were presented and explained. The boundary monuments that define the road reserve were also shown to the property owners. Special meetings were held with the families who owned land where there is a requirement to acquire land for the project and to show them the new boundary which had been marked by the project surveyor. There was a willingness to sell the land required or obtain a land swap if possible, providing compensation is offered at current market rates.

8.3 Preliminary Environmental Assessment Report

A Preliminary Environmental Assessment Report (PEAR) has been prepared to support and

application to MNRE for Development Consent. MNRE has advised that because no houses,

buildings, graves or other large permanent structures are required to be relocated as a result of

these works and the proposed works are largely within the road reserve a Comprehensive

Environmental Assessment Report (CEAR) will not be required.

The PEAR concludes that adverse effects on the environment will mainly occur during the

construction phase of the project and will be minor or less than minor. During the operational phase

of the project after completion there will be significant positive benefits.

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8.4 Social Impact Assessment

The Social Impact Assessment (SIA) is attached as Appendix B. The SIA outlines the consultation

undertaken and the changes incorporated into the detailed design to accommodate the concerns

raised. These include amending the alignment of the roadway to avoid the grave at Vaitele, the

provision of pedestrian crossings, car parking and bus stops at specific locations.

8.5 Mitigation of Residual Road Construction Effects on Land Occupation

Road construction effects are mitigated through the implementation of the Environmental

Management Plan a draft of which is attached to the PEAR. Key mitigation measures are:

To ensure that a water truck is available on site to dampen dusty areas

To limit work periods to weekdays only and not work on weekends or public holidays

To provide for limited or vegetated stockpile areas

To provide for refuelling and servicing areas a minimum distance from water courses or the

coast.

To provide a clear avenue for complaints and a complaints register.

To identify a Site Manager.

To ensure there are provisions for management of stormwater runoff and sediment control.

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9 Implementation Timetable and Budget

9.1 Implementation Timetable

The following schedule is based on the expected construction schedule.

July – November 2014

MNRE complete land acquisition and pay compensation

September 2014

Contract out to tender

November 2014

Construction contract awarded

December - January 2014

Earthworks setting out

December 2014 to May 2015

Engagement with families on a progressive basis as set out for earthworks clearing progresses. Prior to clearing for earthworks the crops (if any) and fruit trees that will be removed are to be counted and the number agreed in writing with all parties involved.

Engagement with property owners in regard to fence and hedge relocation. Where fences and hedges are located well clear of the construction works, this will be done in advance of the construction being carried out.

May 2015 to December 2015

Earthworks, drainage, service relocation and pavement works completed progressively (probably in three sections) along the site. Fencing and hedge relocation where required will be completed. MNRE to pay compensation for fruit trees and crops (if any).

MNRE to pay compensation as per the above timetable where there is no dispute in regard to

“pule” over the land. If the “pule” is in dispute, MNRE will pay the compensation into an escrow

account until the dispute is resolved at the family level or by the Lands and Titles Court.

9.2 Implementation Budget

Based on the estimate of crop values in section 7, the budget required by MNRE for the crop

compensation is estimated to be approximately SAT 10,000. The estimate is conservative and the

actual amount required should be less.

Based on the registered valuations received, the budget for the land acquisition, easements and

crop compensation is recommended to be SAT 450,000.

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The Land Compensation Special Purpose Account with the ANZ Bank, which covered all

compensation costs up to Vailoa, has sufficient funds and is still available compensation purposes

for this project component.

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Appendix A

Project and Land Take Plans

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Appendix B

Social Impact Assessment

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Appendix C

CIM Plan Signature Pages

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Appendix D

Summary of Assets Affected By Road Upgrade

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Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

North Side of Vaitele Street

Vailoa 120 None Residential The existing storm water pipe outlet from the previous section of widening is located in a surveyed water course alongside this residential lot. The owner said on site he had no objection for another line to be put in alongside the existing providing sub-soil drains and an inlet are constructed to drain the spring water that has sprung up to the east of the house since the previous work was done.

Vailoa 140 Small shop Residential with shop

There is a small building on the road reserve. The batter goes very close to this. However, the batter slope is very flat to provide easily maintained frontages and can be nominally steepened to keep away from the building.

Vailoa 150 to

420

None Residential Generally no significant impact. Some trees and hedges may need relocating back towards the boundary but nothing significant.

Vaiusu 440 to 500

Hedge Residential Hedge outside limit of batter so should be no impact.

Vaiusu 465 None Residential A storm water outlet drain is currently located here and forms the boundary between two residential lots. A piped outlet will be constructed to to prevent scour and potential overflow. The pipe alignment will be surveyed and a formal drainage easement created and valued for compensation purposes.

Vaiusu 500

to

680

None Residential with shop

No impact. Batter goes close to shop at 540 but because it is very gently sloping it should not create any issues.

Vaiusu 680 Hedge Residential Hedge will have to be moved back to boundary to give room for small fill batter.

Vaiusu 700

to

720

None Residential No hedges or fences and small fill batter within road reserve. No impact on drainage as land falls towards the lagoon.

Vaiusu 740

to

760

None Retail On street parking for shops. Vertical alignment of road lowered to better align with shop entrances and drainage.

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Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

Vaiusu 800 Shop Retail The back of path will be close to the shop verandah but vertical alignment has been designed to align with shop entrances.

Vaiusu 820 Stone fence

Residential Stone fence will have to be removed and concrete retaining wall with a fence on top constructed back towards boundary. Will not impact the grave.

Vaiusu 840 Hedge Residential Hedge will need to be set back near boundary because path construction will cut roots.

Vaiusu 860 Shop Residential with shop

Small shop on road reserve. Back of path will be very close to shop and 430mm higher. Will need a nib wall and steps.

Vaiusu 880

to 900

Hedge Residential Hedge will have to be moved back to boundary to give room for small fill batter.

Vaigaga 920 Fence Residential Fence will have to be moved back to boundary to give room for small fill batter.

Vaigaga 940 Hedge Residential Hedge will have to be moved back to boundary to give room for small fill batter.

Vaigaga 980

to 1140

Stone Fence

Church and School

Stone fence for church and school well out on road reserve and needs to be set back on boundary to give room for small fill batter.

Vaigaga 1180

To 1200

None Commercial New Building with off street parking. No problems with levels. Needs small nib wall behind path.

Vaigaga 1220

to 1240

Fence Residential Fence set back clear of new road. No level problems.

Vaitele 1260 None Retail The back of path will be close to the shop verandah but vertical alignment has been designed to align with shop entrances and parallel parking provided.

Vaitele 1280 None Retail The back of path will be close to the shop verandah but vertical alignment has been designed to align with shop entrances and parallel parking provided.

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Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

Vaitele 1300 None Retail The back of path will be close to the shop verandah but vertical alignment has been designed to align with shop entrances and parallel parking provided.

Vaitele 1320

to

1380

Shrubs Residential No fences or buildings impacted. Some shrubs to be moved back. Small fill batter required but land drains away to the lagoon. No impact.

Vaitele 1400 None Commercial (large shop)

Cannot have parking outside this supermarket because of the entrances on both sides but parallel parking to be provided immediately to the east. 360mm level difference at back of path will require nib wall with a ramped entrance down to shop concrete apron which has drainage. Parallel parking also on south side of road with pedestrian crossing at the intersection.

Vaitele 1420 None Commercial (large shop)

Parallel parking provided outside supermarket. 300mm level difference at back of path will require nib wall with a ramped entrance down to shop concrete apron which has drainage. Parallel parking also on south side of road with pedestrian crossing at the intersection.

Vaitele 1440

to

1460

None Sea Lagoon comes within the road boundary. Need to fill and construct outlet for storm water. Room for parallel parking on street for the shops. A family claim to have ownership of area outside the road boundary even though it is part of the lagoon at high tide. If they have reclamation planned it may be possible to place some extra fill in this location providing they have consent from PUMA.

Vaitele 1480 Hedge and fence

Residential The hedge and fence will have to be moved back. If the concrete behind the hedge is graves these can be missed but fence would be on the road reserve. Land slopes to the lagoon, so can gently batter down 500 mm from back of path all within road reserve.

Vaitele 1500

to 1520

Fence Church Substantial church fence on road reserve and needs to be moved back 5-6m to go back on to boundary. If the fence was able to be moved back but still remain on the road reserve the impact would be lessened. Land slopes to the lagoon, so can gently batter down 500 mm from back of path all within road reserve.

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Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

Vaitele 1540

to

1560

Fence Residential Fence and graves set well back. Land slopes to the lagoon, so can gently batter down 500 mm from back of path all within road reserve

Vaitele 1580

to

1640

None Retail A shop on boundary and vertical alignment has been designed to align with shop entrance and parallel parking provided.

Vaitele 1660 to 1680

None Residential Hedges and fences well back on boundary. Land slopes to the lagoon, so can gently batter down 500 mm from back of path all within road reserve.

Vaitele 1700 None Retail Shop well back on boundary. Shop has room for off street parking so will need entry and exit vehicle crossings. Will need a nib wall at back of path to separate pedestrians from the car park.

Vaitele 1730 None Residential Drainage easement required down the boundary so as not to interfere with future possible building plans. Small sheds at the back will need to be relocated.

Vaitele 1720 to 1780

None Residential with shop

No fence and Kenisha Tools shop well back on boundary. Shop has room for off street parking so will need entry and exit vehicle crossings. Land slopes to the lagoon, so can gently batter down 500 mm from back of path all within road reserve. Some shrubs to set back.

Vaitele 1780 to 1810

None Commercial (Large Shop)

Frankies supermarket – off street concrete car park will need 600mm nib wall and drainage to SW system. Will need entry and exit crossings.

Vaitele 1810 to 1860

None Church SDA Church set well back and no fence. Back of path generally 500 mm above existing ground but can be battered gently and Scruffy dome storm water intake placed at 1820.

Vaitele 1860 to 1950

None Commercial (BOC Gas)

Fence on road boundary not impacted.

Vaitele 1950 to 2090

None Commercial (Apia Concrete Products)

Concrete block and hedge panel fence back near road boundary not impacted. Drainage swale between fence and back of path will need to be retained and drained into SW system.

Vaitele 2090 to 2140

None Commercial (Hotel & ANZ Bank)

Hotel and ANZ Bank set well back for off street parking. Back of path 300 mm above existing concrete parking and will need nib wall and

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Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

sumps. Will need entry and exit crossings.

Vaitele 2160 None Commercial (Large Shop)

Shop set well back for off street parking. Back of path 360mm above existing parking and will need nib wall and sumps. Will need entry and exit crossings.

Vaitele 2180 to 2210

None Commercial (Large Shop)

The back of path will be close to the shop verandah but vertical alignment has been designed to align with shop entrances and parallel parking provided.

Vaitele 2220 to 2280

None Commercial (Hardware)

Bluebird Timber and Hardware will lose about 2 m off their concrete car park but this should not be detrimental. The level of the car park will be about 300 – 400mm below the path and therefore will require a nib wall at the back of the path and drainage from the car park into the enclosed SW system. Will need entry and exit crossings.

Vaitele 2295 to 2320

Hedge Residential Hedge on road reserve will need to be set back.

Vaitele 2400 to 2420

Fence Residential Fence on road reserve will need to be set back.

Vaitele 2425 Shop Residential with shop

Small shop on the road reserve and the storm water line gets close but should not need to be moved.

South Side of Vaitele Street

Vailoa 60 to 170

None Residential Shrubs and trees near boundary and not impacted by road construction.

Vailoa 170 to 200

Petrol Station

Commercial The outer vehicle bay of the forecourt of the petrol station is slightly on the road reserve but will not be adversely affected in any way. The entrances on both sides of the forecourt will be constructed in concrete up to the concrete nib wall on the boundary.

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Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

Vailoa 200 to 250

Trees and Shrubs

Residential At least 5 significant trees, 4 of which are coconut trees and will require compensation. Shrubs can be relocated back on to boundary

Vailoa 250 to 280

Shrubs Residential Shrubs will need to be relocated back on to the boundary.

Vailoa 280 to 400

None Residential Land required = 744sq m (comprising of 4 parcels – east family has 58sq m, central family has 627sq m, old road has 16sq m, and west family by church has 43sq m). Compensation will be paid for the land value as determined by a registered Valuer.

There are 6 mature trees that will require compensation as per MNRE values if they are fruit trees.

Vailoa 300 None Residential Design shows retaining wall starting at 300 but this will have to be changed to 310 to allow for the driveway to be retained to the house at 320. The new grade of the drive will require a concrete surface for 10m of driveway.

Vailoa 410 None Residential The retaining wall will need to be stopped at about 395 for the driveway. The new grade of the drive will require a concrete surface for 10 – 20 m to cater for the grade.

Vaiusu 400 to 430

Hedges and fences

Residential Fences and hedges will need to be located back on the boundary.

Vaiusu 430 to 450

None Residential The new grade of the drive will require a concrete surface for 10 – 20 m to cater for the grade.

Vaiusu 450 to 490

Substantial Fence

Church The fence will need to be moved back about 7m but no land is required because it is all on road reserve. Hopefully the concrete up-stands in the fence can be re-used and just the base, posts and capping rail re-built.

LTA policy is that if the fence is replaced by LTA it should be replaced on the boundary. In this case the boundary is about 12 – 15m back from where the fence is now and this would have a very significant impact on the front yard of the church.

Page 37: Vaitele Street Upgrade (Vailoa Vaitele) Abbreviated Land

Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

Vaiusu 490 to 540

None Residential Nothing to be relocated.

Vaiusu 540 to 590

None Residential Land required = 162sq m. Compensation will be paid for the land value as determined by a registered Valuer. There are 3 mature trees that will require compensation as per MNRE values if they are fruit trees.

Vaiusu 600 to 630

Hedge and trees

Residential Shrubs will have to be relocated back on boundary. The large tree at 615 may be able to be saved but if the construction of the storm water line cuts the roots it will have to be removed. If it can be saved it will still need a very significant prune back so that the higher trucks don’t catch the branches. If it cannot be saved and is a fruit tree compensation will be paid at MNRE rates.

Vaiusu 630 to 650

Fence and shrubs

Residential Galvanised post and netting fence will have to be set back. There would be less impact on the property frontage if the LTA requirement for it to be put back on the boundary could be waived.

Vaiusu 660 None Road Vaiusu Road has a miss-match between surveyed boundaries and physical road construction, however, this issue is outside the scope of this project.

Vaiusu 670 to 700

Hedge and trees

Residential Hedge will need to be relocated back away from the road but 3 mature trees may be able to be saved if the construction of the storm water line does not cut the roots. If they cannot be saved and are fruit trees, compensation will be paid at MNRE rates.

Vaiusu 700 to 730

Tree Residential 1 mature tree on road reserve may be able to be saved if the construction of the storm water line does not cut the roots. If it cannot be saved and is a fruit tree, compensation will be paid at MNRE rates.

Vaiusu 740 to 780

Fence Commercial (Car Sales)

Galvanised post and netting fence outside Sai Motors will need to be set back. In this case it should not be a problem for it to go back on to the boundary.

Vaiusu 780 to

Fence Residential Post and netting fence at the top of the bank will have to be moved back on to the boundary.

Page 38: Vaitele Street Upgrade (Vailoa Vaitele) Abbreviated Land

Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

800

Vaiusu 800 to 820

Hedge Residential Hedge at the top of the bank will have to be moved back.

Vaiusu 840 Substantial Fence

Residential Very substantial fence has been constructed 1 – 2m on the road reserve but is not impacted by the road construction.

Vaiusu 880 Hedge Residential Hedge at this property may survive if the roots are not cut, otherwise it will have to be moved back on to boundary.

Vaigaga 900 to 920

Hedge Residential with shops

Parallel parking provided here for the takeaway food shop and store. Hedge will have to be relocated on boundary.

Vaigaga 960 Hedge and fence

Residential Fence and hedge is on road reserve but is not impacted by road construction.

Vaigaga 970 to 1050

None Commercial Fence already on boundary.

Vaigaga 1060 to 1080

Substantial Fence

Residential Very substantial fence constructed on road reserve but not impacted by road construction.

Vaigaga 1100 to 1130

Hedge Residential with shop

Parallel parking provided and hedge will need to be relocated on boundary.

Vaigaga 1140 Workshop Commercial (tyre shop)

Fale Pa’u tyre shop built on road reserve. Shop is not impacted but trees will have to be removed. Shop has its own parking but will need a formal entrance.

Vaigaga 1170 Shop Residential with shop

Old shop on road reserve but not impacted. Has own parking and will need entrance and exit crossings.

Vaigaga 1190 to 1210

Trees and shrubs

Vacant Some trees will have to be removed and shrubs relocated on boundary.

Vaitele 1240 to 1320

None Nature Reserve

No impact on nature reserve alongside road reserve.

Vaitele 1320 to 1380

Trees Nature Reserve

Mature trees on road reserve will have to be removed. Seedling trees to be planted in nature reserve to replace mature trees lost on road

Page 39: Vaitele Street Upgrade (Vailoa Vaitele) Abbreviated Land

Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

reserve.

Vaitele 1400 None Road Reserve

Intersection improvements to Vaitele Industrial Road requires very small land take from nature reserve to get satisfactory turning radius.

Land required = 23 sq m which should simply be a transfer of land from nature reserve to road reserve.

Vaitele 1460 Large Grave (very old)

Nature Reserve

Very old grave of a Vaitele village leader. Design has back of path up against grave. Small concrete wall and fence to be built like grave at Lepea at the request of family members.

Vaitele 1470 to 1700

None Nature Reserve

No impact.

Vaitele 1720 to 1860

Trees Nature Reserve

Many trees on road reserve will have to be removed. Seedling trees to be planted in nature reserve to replace mature trees lost fron road reserve.

Vaitele 1870 None Road Reserve and

Commercial

(Samoa Metal Industries)

Faleata Road intersection is currently partly on the nature reserve. The intersection requires traffic lights and to achieve the design turning radius requirements, the intersection will need to remain at 90 degrees with Vaitele Street and land from the nature reserve will be required on the west side of the intersection.

Land required = 244 sq m. Compensation will be paid for the land value as determined by a registered Valuer.

Vaitele 1880 to 2040

None Commercial (Samoa Metal Industries)

No impact.

Vaitele 2050 to 2090

None Commercial (New store and offices)

New store and offices hard against road reserve boundary but parallel parking provided 2060 to 2110.

Vaitele 2100 to 2200

None Light industrial

Fence on boundary and no impact.

Vaitele 2220 None Commercial (Samoa Commercial Bank)

New building set back from boundary so no impact on building. A concrete parking area currently goes out to the edge of the seal and this will be reduced by 3 – 4m but will still leave

Page 40: Vaitele Street Upgrade (Vailoa Vaitele) Abbreviated Land

Village Dist. Structures On Road Reserve

Land Use Road frontage impact by the project and mitigation proposed.

adequate room for parking. Will need entrance and exit crossings.

Vaitele 2240 None Road Reserve

Atone Road intersection is built to the eastern side of the road reserve but cannot be moved to the west to accommodate the footpath because the new shop (SAM STORE) on built well out on the road reserve. Footpath will not be constructed into Atone Road for this project.

Vaitele 2260 Shop (SAM Store)

Retail There is a substantial shop (SAM STORE) built out on the road reserve which leaves no room to provide parking.

Vaitele 2270 Taxi Stand Commercial Immediately to the west of the shop is a driveway and then a taxi stand (Vaitele Taxi Stand) built out on the road reserve which leaves no room to provide parking.

Vaitele 2290 Shop and hedge

Residential with shop

This property has a hedge and a shop built on the road reserve. The hedge can be set back and the shop does not have to be moved but no room to provide parking.

Vaitele 2320 to 2440

None Residential and Church

Hedges and fences set back near boundary and no impact.

Page 41: Vaitele Street Upgrade (Vailoa Vaitele) Abbreviated Land

Appendix E

German Flur Plan 11B From Pre-1914

Page 42: Vaitele Street Upgrade (Vailoa Vaitele) Abbreviated Land

Appendix F

Land Valuation Report