vaitele street upgrade (vailoa vaitele) abbreviated land
TRANSCRIPT
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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.
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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.
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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.
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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
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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
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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.
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Appendix E
German Flur Plan 11B From Pre-1914
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Appendix F
Land Valuation Report