E4516 i V1 THE UNITED REPUBLIC OF TANZANIA PRIME MINISTER’S OFFICE REGIONAL ADMINISTRATION AND LOCAL GOVERNMENT (PMO-RALG) Tanzania Strategic Cities Project (TSCP) Environmental and Social Management Framework (ESMF) for the Proposed TSCP Additional Financing Project March 2014 ii EXECUTIVE SUMMARY The Government of Tanzania (GOT) through the Prime Minister’s Office, Regional Administration and Local Government (PMO-RALG) has been implementing the Tanzania Strategic Cities Project (TSCP) in selected urban Local Government Authorities for 5 years financed by a World Bank (IDA) credit and a grant from the Government of the Kingdom of Denmark. The TSCP is an investment operation that provides finance for critical infrastructure in 4 cities of Mwanza, Tanga, Mbeya and Arusha; 4 Municipalities of Ilemela, Dodoma, Kigoma-Ujiji, Mtwara-Mikindani and the Capital Development Authority (CDA). Works have involved upgrading /rehabilitation of a number of artery urban roads and drainage and associated structures such as drainage ditches, culverts/bridges, footpaths and street lighting and local infrastructure such as bus and lorry stands aimed to improve movement of people, goods and services in the urban areas. TSCP also fund development of infrastructure to improve solid waste management including solid waste collection centers, equipment for transportation and disposal, and the development or improvement of disposal sites. To date, most of the prioritized infrastructure are complete and in use or in final stages of completion. Brief Description of the Proposed Additional Financing Some areas of the completed infrastructure have been identified where improvements need to be made. In addition, a number of infrastructures were not financed under the first phase of TSCP due to limitation of available funds under the credit. Also Participating LGAs have identified new sub-projects important for functionality of existing sub-projects. Based on these identified gaps, GOT is preparing a credit – Tanzania Strategic Cities Project - Additional Financing with a view of financing these additional infrastructure investments and coupled improvements of management capability of the 7 urban LGAs and CDA in Dodoma currently receiving funds from TSCP. Following the recent split of Mwanza City Authority, Ilemela Municipality is included as part of the project sites under TSCP. TSCP - Additional Financing will fund civil works construction costs mainly involving extension and rehabilitation of existing infrastructure with few completely new structures. The Development Objective of the proposed AF remains the same as the current project, to improve the quality of and access to the basic urban to basic urban services in seven elected Participating Local Government Authorities (LGAs). The Project will be implemented through three components: (i) Core Urban Infrastructure and Services (ii) iii Institutional strengthening and (iii) Implementation Support and Preparation of Future Urban Projects. Eligible investment projects must fall in at least one of the below categories:  Road and drainage infrastructure  Urban transport infrastructure  Solid and liquid waste management Objectives of the ESMF To ensure that these future infrastructure development interventions are implemented in an environmentally and socially sustainable manner, TSCP has prepared an environmental and social screening process – an Environmental and Social Management Framework (ESMF) that will allow implementers – Participating Urban LGAs to identify, avoid or minimize and mitigate potential negative environmental and social impacts during the planning stage for the construction of the sub-projects. This ESMF presents definitive, conclusive and clear procedures consistent with the laws in Tanzania and the World Bank’s safeguard policies. The ESMF outlines an environmental and social screening process which will enable the LGA Project Teams with support of consulting service providers to identify potential environmental and social impacts of construction and operation of the infrastructure and support structures and to address them by incorporating the relevant mitigation measures into the designs of the subprojects before they are implemented. Environmental and Social Impact Assessments (ESIAs) and Resettlement Action Plans (RAPs) for the first phase of the Core Urban Infrastructure and Services component of TSCP (constituting rehabilitation/upgrading of urban roads and drainage and solid waste collection and disposal infrastructure) were conducted and approved by the National Environment Management Council (NEMC) in 2010 and each Participating LGA was issued an EIA Certificate enveloping all sub-projects that were tabled for funding. The environmental and social assessment and management process specific for TSCP additional works promulgated in this ESMF responds the World Bank Safeguard Policies and to requirements specified in the Tanzania EIA and Audit Regulations, 2005 (Part IX, Regulation 42, Sub-regulation (1); (2)(b); and (4)) dealing with approval of changes to a project with a valid EIA Certificate. The World Bank Safeguard Policies require that, before a project is appraised, relevant safeguards instruments, such as an Environmental and Social Impact Assessment (ESIA) containing an Environmental Management Plan (ESMP), or just an ESMP, and if the project requires it, a Resettlement Action Plan (RAP), will be locally disclosed and will also be forwarded to the Bank for at the Bank’s InfoShop. The environmental and social assessment and management in this ESMF requires the Municipal sector specialists (Civil Engineers, Environmental Engineers) assisted by the iv Project Team at each participating urban authority who after training (and with assistance from Municipal Environmental Management Officers and PMO-RALG Project Team) will screen the infrastructure projects at the preparation stage using the environmental and social screening form in Annex 3 and the environmental and social checklist in Annex 4 to identify and mitigate potential adverse effects/impacts. The subsequent environmental and social assessment work will be carried out based on the screening results and related recommendations. Environmental and Social Impacts Proposed sub project investments under AF may have significant negative impacts on the environment from a project specific perspective. These impacts include:  Direct pollution and degradation of natural habitats and ecosystems  Decreased water quality and pollution to water sources  Land degradation and soil erosion  Solid and effluent waste hazards generation and pollution  Decreased air quality due to dust and air particulates  Noise and vibration impacts  Health and safety hazards to construction workers and general public  Physical damage to the built environment and restricted access  Incessant traffic; traffic-related accidents It is envisaged that the anticipated impacts from development of the infrastructure sub- projects to be funded by the TSCP Additional Financing will be short-term, site specific, confined, reversible and can be managed through the application of the mitigation and monitoring measures. Thus, a process of environmental and social screening and assessment using simple methods (checklists) and procedures (existing structures at local authorities) are recommended for this ESMF. The ESMF includes a summary of the Environmental Management Plan (ESMP) under Annex 6 in order to facilitate the implementation of the additional TSCP infrastructure development programme. This summary ESMP, is based on information pertaining to the environmental and social management of infrastructure projects provided in this ESMF, particularly capacity building for environmental management of the relevant staff within the Participating LGAs. It clearly indicates the institutional responsibilities with regard to implementing mitigation measures, monitoring of the implementation of these mitigation measures and related cost estimates and time horizons. The ESMF assesses the capacity of the implementation participants at different levels to implement the proposed screening process and mitigation measures. These entities have previous experience with management of environmental and social issues related to construction/ civil works. The PMO-RALG has the capacity and experience to do backstopping to the LGAs. However the Participating LGAs’ capacity is still in nascent stage both to support and supervise construction work of the proposed infrastructure and to implement the required environmental and social screening process described above. Prevalent weaknesses are in the integration into the design before project commences and v monitoring of the mitigation measures. The ESMF makes recommendations as appropriate, including training needs and cost estimates. It recommends building capacity at all levels through the provision of training to staff and decision makers who will be designated the role of planning, reviewing and implementing, and monitoring the construction of the different infrastructure and their auxiliary structures. The role of the NEMC in the context of TSCP has been clarified to be one of providing technical assistance, approval of project as relevant and as facilitator for the training program. Costs related to ESMF implementation include: institutional development activities, training program, technical assistance, allowances for the review and approval of subproject management plans and annual reviews. The estimated budget for ESMF implementation over 5 years is $ 1710. In parallel to this ESMF, a Resettlement Policy Framework (RPF) has been prepared. This document outlines the principles and procedures to be followed in the event that the construction of completely new infrastructure or the expansions and extensions leads to land acquisition and/or the loss of livelihoods, and therefore will be used in conjunction with the ESMF as required. Both documents will be available in Kiswahili and will be disclosed to the public prior to the appraisal of the TSCP-Additional financing. vi TABLE OF CONTENTS Executive Summary ............................................................................................................ ii Brief Description of the Proposed Additional Financing .................................................. ii Objectives of the ESMF ................................................................................................... iii Environmental and Social Impacts ................................................................................... iv TABLE OF CONTENTS ................................................................................................... vi ACKNOWLEGMENT ...................................................................................................... ix Acronymsand abbreviations................................................................................................ x 1 INTRODUCTION .................................................................................................... 1 1.1 Background of the Overall Tanzania Strategic Cities Project (TSCP) ................ 1 1.2 Environmental and Social Management Framework(ESMF) Purpose and Objectives .......................................................................................................................... 3 1.2.1 Purpose of ESMF .................................................................................................. 3 1.2.2 Objectives of ESMF .............................................................................................. 3 1.2.3 Scope of ESMF ..................................................................................................... 4 1.2.4 Application Arrangements (Institutional Set-Up) ................................................. 4 1.2.5 Users of the ESMF ................................................................................................ 4 1.3 ESMF Principles .................................................................................................. 5 1.4 Approach and Methodology for Development of the ESMF ............................... 6 1.4.1 Overall Approach .................................................................................................. 6 1.4.2 Methodology ......................................................................................................... 6 1.5 Layout of the ESMF ............................................................................................. 7 2 PROJECT DESCRIPTION ...................................................................................... 9 2.1 Anticipated Sub-project Types under TSCP Additional Financing ..................... 9 2.1.1 Type 1: Additional works to improve completed infrastructure ........................... 9 2.1.2 Type 2: Sub-projects prepared under TSCP but not implemented ........................ 9 2.1.3 Type 3: New sub-projects important for functionality of existing sub-projects ... 9 2.1.4 Anticipated Sub-project Types per Participating LGA ....................................... 10 2.1.5 Sub-Projects Exclusions ...................................................................................... 12 2.2 TSCP Coordination and Implementation Arrangement ..................................... 13 2.3 Target Areas for TSCP Additional Financing .................................................... 15 2.3.1 Environmental and Social Conditions and Trends of (each) Participating LGA. 15 3 LEGAL REQUIREMENTS AND INSTITUTIONAL FRAMEWORK ............... 21 vii 3.1 World Bank Safeguard Policies ......................................................................... 21 3.2 Relevant National Environmental and Social Management Requirements ....... 22 3.2.1 The Constitution .................................................................................................. 23 3.2.2 General Environmental Management .................................................................. 23 3.2.3 Management of Air emissions and Ambient Air Quality.................................... 24 3.2.4 Management of Solid Wastes .............................................................................. 24 3.2.5 Management of Wastewater and Ambient Water quality ................................... 25 3.2.6 Management of Soil Quality ............................................................................... 25 3.2.7 Management of Noise ......................................................................................... 26 3.2.8 Management of Land and Land use .................................................................... 26 3.2.9 Management of Public / Occupation Health and Safety ..................................... 26 3.2.10 Others Relevant to Infrastructure Development .................................................. 26 3.3 Institutional Framework for Environmental and Social Management ............... 27 3.3.1 Environmental and Social Management Authorities........................................... 27 3.3.2 Land Management Authorities ............................................................................ 29 3.3.3 Other Authorities relevant to Infrastructure Development.................................. 30 4 SUB-PROJECTS PREPARATION, APPROVAL AND IMPLEMENTATION .. 31 4.1 Preparation and Application ............................................................................... 31 4.2 Appraisal and Approval ..................................................................................... 34 4.3 Disclosure of Sub-Project Information .............................................................. 37 4.4 Implementation, Monitoring, Reporting and Review ........................................ 37 5 ENVIRONMENTAL MANAGEMENT ............................................................... 41 5.1 Determination of Potential Environmental and Social Impacts and Proposed Mitigations....................................................................................................................... 41 5.1.1 Subproject Activities Likely to Cause Environmental and Social Effects .......... 41 5.1.2 Potential Direct Environmental and Social Impacts and Mitigation ................... 42 5.2 Physical Cultural Resources ............................................................................... 49 5.3 Preparation of Subproject ESMP ....................................................................... 49 5.4 Public Consultation and Disclosure ................................................................... 51 6 CAPACITY BUILDING, TRAINING AND TECHNICAL ASSISTANCE ........ 53 6.1 Institutional Capacity Assessment ..................................................................... 53 6.1.1 Institutional Structure for Environmental and Social Management .................... 53 6.1.2 Existing Policies, Laws and Regulations for Environmental and Social Management ........................................................................................................... 54 6.1.3 Human Resource Capacity .................................................................................. 54 viii 6.1.4 Budgetary Resources to Support the Staff in Their Work ................................... 55 6.1.5 Recommendation: Institutional Development Plan ............................................. 55 6.2 TRAINING......................................................................................................... 55 6.2.1 Training Objectives ............................................................................................. 55 6.2.2 Training Needs Assessment (TNA) .................................................................... 56 6.2.3 Training Plan ....................................................................................................... 56 6.3 Retooling and Technical Assistance .................................................................. 59 7 ESMF IMPLEMENTATION PLAN AND BUDGET .......................................... 60 7.1 Institutional Development .................................................................................. 60 7.2 TRAINING......................................................................................................... 60 7.2.1 Training Needs Assessment (TNA) .................................................................... 60 7.2.2 Technical Training of Designated Staff in Environmental Management/EIA .... 60 7.2.3 Workshop for Decision Makers .......................................................................... 60 7.3 PREPARATION OF ESIAs / ESMPs / RAP ..................................................... 61 8 BIBLIOGRAPHY .................................................................................................. 64 ANNEXES ........................................................................................................................ 65 Annex 1: Summary of Issues and Concerns Raised by Stakeholders ............................. 65 Annex 2: Summary of World Bank Safeguard Policies .................................................. 77 Annex 3: Sample Checklist for Environmental and Social Screening ............................ 80 Annex 4: Sample Checklist for Identifications of Environmental and Social Impacts and Mitigation ........................................................................................................................ 86 Annex 5: Sample Application Form for Variation of EIA Certificate .......................... 104 Annex 6:Summary Environmental Mitigation Plan (EMP) for the TSCP Additional Financing ....................................................................................................................... 107 ix ACKNOWLEGMENT This Environmental and Social Management Framework (ESMF) report was produced for PMO-RALG. A team of consultants participated in the preparation of this framework document under the auspices of COWI Consultants Ltd: Ms. Saada K. Juma (Team Leader) 1 and Ms. Beatrice Mchome (Senior Sociologist)2 and Mr Ignatius Ngamesha of COWI Tanzania3. Acknowledged are the contributions from government officials at PMO-RALG especially from Eng. JovinBujulu and Dr. mukuki Hante. This document is a product of a broad range of stakeholders that were consulted. Special thanks go to the Arusha City Council Project Teams: Eng. Afwilile Lamsey and Eng. Ezrom Kilamuhama; Tanga City Council Project Team: Eng. Gaston P. Gasana and Arafat Kaniki. Further, invaluable cooperation and assistance are acknowledged for the LGA officials of the 4 cities of Mwanza, Tanga, Mbeya and Arusha; 4 Municipalities of Ilemela, Dodoma, Kigoma-Ujiji and Mtwara-Mikindani and the Capital Development Authority (CDA) for availing secondary information for this ESMF.. Furthermore, special thanks go to government officials (Vice President’s Office- Division of Environment (DoE), Ministry of Lands, Housing and Human Settlement Development, NEMC, Regional Secretariats and the Participating LGAs) who were met during field visits. Their inputs have been extensively used in the preparation of this ESMF. Acknowledgement is also given to officials at the World Bank Tanzania office who provided valuable contribution to drafts and this final version of the document. 1 JSB Envidep Ltd, Ubungo Plaza 5th Floor, Box 34446 Dar es Salaam, Mobile +255 754 291 997; e-mail skatangi@hotmail.com 2 East Africa Resource Group, Dares salaam, Mobile +255 784 464816,e-mail Beatrice@earg.co.tz 3 COWI Tanzania Ltd 398 Mwai Kibaki Road P.O.Box1007 Dar es Salaam, Mobile +255 767 222479; email ipon@cowi.co.tz x ACRONYMSAND ABBREVIATIONS AIDS Acquired Immune Deficiency Syndrome BOD Biochemical Oxygen Demand BOQ Bill of Quantities CDA Capital Development Authority CDO Community Development Officer CGV Chief Government Valuer CMT Council Management Team CO2 Carbon dioxide COD Chemical Oxygen Demand COI Corridor of Impact DC District Commissioner DMT District Management Team DOE Division of Environment EIA Environmental Impact Assessment EIC Education Information and Communication EIS Environmental Impact Assessment EMA Environmental Management Act EMO Environmental Management Officer EMoP Environmental Monitoring Plan EMP Environmental Management Plan EMT Environmental Management Tools Eng. Engineer ER Emergency Response ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMoP Environmental and Social Monitoring Plan ESMPs Environmental and Social Management Plans ESSF Environmental and Social Screening Form EWURA Energy and Water Utilities Regulatory Authority GHGs Green House Gases GoT Government of Tanzania HIV Human Immunodeficiency Virus HWMP Hazardous Waste Management Plan IDA International Development Association IEC Information Education and Communication IPM Integrated Pest Management LGAs Local Government Authorities LGRP Local Governments Reform Program LGSP Local Governments Support Program LGSP – CBG Local Governments Support Program – Capacity Building Grant MC Municipal Council MEO Mtaa Executive Officer MLHHSD Ministry of Lands, Housing and Human Settlement Development MPs Members of Parliament xi MWMP Medical Waste Management Plan NEMC National Environment Management Council NGO Non-Government Organisation NOx Nitrogen Oxides O3 Ozone OSHA Occupational Health and Safety Authority PAP Project Affected People PEA Preliminary Environmental (and Social) Assessment PHA Public Health Act PMO-RALG Prime Minister’s Office, Regional Administration and Local Government PPE Personal Protective Equipment RAPs Resettlement Action Plans RAS Regional Administrative Secretary RC Regional Commissioner RPF Resettlement Policy Framework SO2 Sulphur Dioxide STDs Sexually Transmitted Diseases SWMP Solid Waste Management Plan SWOT Strength Weaknesses Opportunities Threats TAA Tanzania Airports Authority TACAIDS Tanzania Commission for Aids Tanga-UWASA Tanga Urban Water Supply and Sanitation TANESCO Tanzania Electric Supply Company TANROADS Tanzania National Roads Agency TMSP Traffic Management and Safety Procedure TNA Training Needs Assessment ToR Terms of Reference TOT Training of Trainers TSCP Tanzania Strategic Cities Project TSCP – AFP TSCP Additional Financing Project ULGSP Urban Local Government Strengthening Programme URT United Republic of Tanzania VPO Vice President’s Office WB World Bank WB/OP World Bank/Operational Policy WBWG World Bank Working Group WDC Ward Development Committee WEO Ward Executive Officer WWMP Waste Water Management Plan 1 1 INTRODUCTION 1.1 Background of the Overall Tanzania Strategic Cities Project (TSCP) The Government of Tanzania (GOT) through the Prime Minister’s Office, Regional Administration and Local Government (PMO-RALG) has received funds from the World Bank (IDA Credit) and a grant from the Government of the Kingdom of Denmark to implement the Tanzania Strategic Cities Project (TSCP). PMO-RALG has been implementing the TSCP for 5 years (since 2010) with 7 participating urban Local Government Authorities (LGAs): 4 cities of Mwanza, Tanga, Mbeya and Arusha; and 3 Municipalities of Dodoma, Kigoma-Ujiji and Mtwara-Mikindani. In Dodoma, the project is supporting both the Dodoma Municipal Council and the Capital Development Authority (CDA). Rationale for TSCP The TSCP was prepared in a response to a request from the GOT to assist with the financing of an investment operation that would provide finance for critical infrastructure in key urban LGAs and support for improved fiscal and management capacity for urban development and management. TSCP recognize the strategic importance of Tanzania urban centers as the engines for the country’s structural transformation, economic growth and nationwide improvements in welfare. The Participating seven urban LGAs have strategic importance to mainland Tanzania in terms of their physical locations, importance for regional trade, demographic weight and contribution to the national economy. TSCP Objectives and Outcomes The Development Objective: is to improve the quality of and access to basic urban services in seven elected Participating Local Government Authorities (LGAs). The Purpose: rehabilitation and expansion of urban infrastructure and institutional strengthening activities aimed at improving the fiscal and management capacities of the Participating LGAs. Project Outcomes: the TSCP will improve the welfare and capacities of the LGAs to identify their key problems, determine the appropriate solutions in the form of sub- projects, plan their implementation and assume full responsibility for their maintenance and management. TSCP Components Component 1- Core Urban Infrastructure and Services: supports investments in urban roads and drainage, including associated structures such as drainage ditches, culverts/bridges, footpaths and street lighting; solid waste management including solid waste collection centres, equipment for transportation and disposal, and the development 2 or improvement of disposal sites; and local infrastructure such as bus and lorry stands. The component also finance construction supervision of the works for the investment sub-projects and technical assistance specifically for the implementation and monitoring of ESMPs and RAPs linked to sub-projects, including the payment of compensation costs. Component 2- Institutional strengthening: to ensure the sustainability of the investments and lay the foundation for continued improvement of services, this component supports institutional strengthening and capacity building activities with the objective of increasing the financial resources at the disposal of Participating LGAs and their technical capacity to plan and implement their own infrastructure projects. This includes provision of support for management of environmental and social safeguards. Grant from Government of the Kingdom of Denmark is financing activities under this component. Component 3- Implementation Support and Preparation of Future Urban Projects: supports project implementation and preparation of future urban projects. Current Status: completed works Activities under Core Urban Infrastructure and Services component have involved improvement or development of selected infrastructure sub-projects at various locations within the Participating urban LGAs. Works has involved upgrading /rehabilitation of a number of artery roads and drainage and associated structures aimed to improve movement of people, goods and services in the urban areas. Priority is given to roads to enhance connectivity (linking principal residential areas, commercial centers and service centers i.e. markets, airports, bus terminal) to the main road networks, enhancement of traffic flow /alleviation of traffic congestion. Completed subprojects also include a range of local infrastructure such as bus and lorry stands, and rehabilitation of solid waste collection centres, provision of equipment for transportation and disposal, and the development or improvement of disposal sites i.e. additional cells to existing landfills. Most of the infrastructure on the list of the first batch of prioritized subprojects are complete and in use or in final stages (90% complete). TSCP contains a set of other interventions designed to meet the management and institutional needs of the participating urban local governments and communities within as well. Rationale for TSCP Additional Financing Some areas of the completed infrastructure have been identified where further improvements need to be made. In addition, a number of infrastructures were prioritized during the TSCP design and preparation but not financed under the first round of implementation due to cost estimates being far above the available funds under the credit. Participating LGAs have also identified new sub-projects important for functionality of existing sub-projects. Thus, the GOT through PMO-RALG has decided to apply for a credit that will specifically finance these additional infrastructure investments and coupled improvements of management capability of the Participating urban LGAs. 3 1.2 Environmental and Social Management Framework(ESMF) Purpose and Objectives 1.2.1 Purpose of ESMF World Bank Environmental and Social Safeguards Policies classified TSCP as environmental and social category B project i.e. likely to generate some detrimental and site specific environmental and social impacts that can be minimized by the application of mitigation measures. At the commencement of the TSCP in 2010 there was no Environmental and Social Management Framework (ESMF) and Resettlement Policy Framework (RPF) prepared for the original project. In order to manage impacts emanating from project activities, the on-going implementation of the TSCP had in place for each participating LGAs and the CDA, Environmental and Social Impact Assessment (ESIA) reports and Resettlement Action Plans (RAPs) specific for each Project area. Project Teams at LGAs and CDA (coordinated by Council Engineer) have used these reports in supervising construction works and implementation of ESMPs and RAPs linked to sub-projects, including the payment of compensation costs where applicable. TSCP included implementation of interventions designed to build environmental and social management and institutional needs of the urban LGAs. LGA Staff (Municipal Engineers) work alongside Construction Supervision Consultants which has enabled transfer of skills and mentoring. The proposed TSCP Additional Financing Project (TSCP – AFP)will support subprojects likely to generate some detrimental and site specific environmental and social impacts. The extent, magnitude and duration of these impacts have not yet been determined. Some of the proposed additions to the existing sub-projects do not have complete technical designs ready nor do they have EIA reports or RAPs. Additionally, there will be new developments whereby the exact nature of the works (or their location) is not currently known. The laws of Tanzania and World Bank’s Environmental and Social Safeguard Policies require the PMO-RALG to prepare an Environmental and Social Management Framework (ESMF) to guide target urban Local Government Authorities in assessing, managing, and monitoring environmental and social impacts of these additional subprojects. The framework is envisaged as a road map to ensure the subprojects are implemented in an environmentally and socially sustainable manner. 1.2.2 Objectives of ESMF The aim of this ESMF is to enable early screening for potential impacts and select an appropriate instrument to prevent, minimize, mitigate or compensate adverse environmental and social impacts and to enhance beneficial impacts. Specific ESMF objectives are to:  Establish clear procedures and methodologies for the environmental and social planning, review, approval and implementation of subprojects to be financed under the TSCP Additional Financing Project;  Specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to subprojects; 4  Determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF;  Establish the Project funding required to implement the ESMF requirements; and  Provide practical information resources for implementing the ESMF. 1.2.3 Scope of ESMF ESMF is specifically designed for the TSCP-AFP thus will further guide the on-going implementation of the TSCP. The ESMF is to assist in ensuring that the assessment of possible impacts on environment in the project sites is thoroughly carried out to provide a guide for compliance with the project monitoring indicators during the implementation. The ESMF will also cover all other subprojects that may be identified in future for financing under the project. 1.2.4 Application Arrangements (Institutional Set-Up) PMO-RALG will be responsible for ensuring that the requirements of this ESMF and corresponding ESIAs and management plans (ESMPs and RAPs) are implemented. Notably, the necessary approvals highlighted which require by the law, involving the responsible Authorities namely: the Vice President’s Office (Division of Environment and the National Environment Management Council (NEMC); the Chief Government Valuer in the Ministry of Lands, Housing and Human Settlement Development (MLHHSD) and; respective Regional and District Commissioners, authorized Environmental Management Officers and Land Officers in the LGAs and Executive Officers in Project Wards and Sub-Wards (“Mitaa�). 1.2.5 Users of the ESMF The ESMF shall aid the objectives of the TSCP by facilitating LGA project teams and other project participants aware of environmental and social requirements for assessing TSCP financed activities, thus enhancing their capacity to effectively manage environmental and social issues during the preparation (designing, planning) and implementation of the individual sub-projects:  Eight urban LGAs and CDA: Project Team and staff in target sectors (roads, sanitation, environmental management etc.) who are responsible for application/planning, review, approval, and supervision of the sub- projects;  Statutory LGA Committees and Local Management Committees overseeing environmental and social aspects;  Leaders and representatives from sub-project host communities;  Consulting engineers, Contractors and service providers involved in subproject planning / design, construction and installation works.  Environmental and social assessment consultants and development services providers who provide services to LGAs in non-core functions such as management training or technical support;  Regional Secretariat and / PMO-RALG Project Team responsible for developing support programmes of implementation. 5 1.3 ESMF Principles The following general principles and practices of sound environmental and social management shall be widely applied in the implementation of this ESMF: Sustainable Development Principles Environmental and social impacts and mitigation checklist of this ESMF focus on sustainable development principles including protection of biodiversity; duty not to transfer, directly or indirectly, damage or hazards from one area to another; promotion of best available techniques and best environmental practices; promotion of cleaner production; maximizing sustainable benefits of neighbouring communities; duty to co- operate on a district and regional level for the protection and preservation of the environment. Precautionary Approach The key tenet of Precautionary Approach is: “Where there are potential threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation�. Prior assessment adopted in this ESMF ensures assessment of environmental impacts before starting a new activity or project and before decommissioning a facility or leaving a site. Polluter Pays Principle / User Pays Principle Polluters should in principle bear the cost of pollution, with due regard to public interest and without distorting the practical value of the investment to an unreasonable extent. Similarly, users of resources e.g. water, land, and natural resources etc. should pay costs for use. In this ESMF, environmental costs of developments are internalized into the financial planning of any sub-project, especially through mitigation measures, monitoring and evaluation. Stakeholder Participation and Transparency The ESMF recognize that stakeholder participation is an essential component in the planning and implementation of environmental protection. This extends to stakeholders representation on decision making bodies, timely disclosure of relevant information to stakeholders in accessible format and regular ad hoc consultation with them as and when issues arise. Continuous Monitoring and Evaluation In order to preserve the integrity of the environment, the ESMF emphasize the responsibility of relevant stakeholders to maintain regular monitoring and evaluation. This calls for commitment to continuous improvement of environmental performance. Employee Awareness The ESMF makes provisions for LGAs and responsible stakeholders to have programmes to educate, train and motivate employees to conduct their activities in an environmentally responsible manner. 6 Facilities and Operations The ESMF makes provisions for LGAs and responsible stakeholders to select technologies/facilities and operate facilities and conduct activities taking into consideration the efficient use of energy and materials, the sustainable use of renewable resources, the minimization of waste generation, and the safe and responsible disposal of residual wastes. Compliance and Reporting The ESMF encourages LGAs and responsible stakeholders to strive to comply with national policies, legislation and World Bank Policies relevant to environmental management. 1.4 Approach and Methodology for Development of the ESMF Detailed description of approach and methodology involving public consultations for preparing the ESMF and comments raised are found as Annex1. 1.4.1 Overall Approach The Consultant's approach to the development of the ESMF was as follows:  Identification of key issues for ESMF development at the inception phase (Inception Report)4,  Collection of data and information from literature, consultations with key informants and observations at representative LGAs to determine: o Baseline conditions of important biophysical and socio-economic receptors emphasizing prevalent trends and indicators; o Components of the TSCP sub-projects and activities in general likely to interact with this baseline; o Potential resulting environmental and social impacts; o Best alternative approaches for designing and implementing TSCP sub- projects; o Individual and institutional capacity building needs for implementation of the ESMF  Emphasis on gap analysis and consolidating key findings into an ESMF report  Developing the ESMF based on content specifically specified in the TOR.  ESMF disclosure was made progressively throughout stakeholder consultations to gather feedback and recommendations for inclusion in the final outputs. Final distribution will be through key local and national institutions and outlets. 1.4.2 Methodology Desk Reviews Review of relevant literature was undertaken during initial preparations and continued throughout the assessment phase and preparation of the framework document. 4 PMO-RALG, TSCP Additional Financing, Preparation of ESMF and RPF: Inception Report, March 2014. 7 Information sources include documents from PMO-RALG, LGAs, web-search, national and local data and information centres/sources including:  Project documents for TSCP: project appraisal document, ESIA reports and RAPs for Project areas;  Recent studies, appraisal/ performance assessments documents for TSCP  Background literature of the environmental and social conditions at target LGAs  Current environmental and social management frameworks in use within TSCP area  Tanzania legislation and the World Bank safeguard policies. Documents reviewed are listed under the Bibliography section. Fieldwork and consultations Field work was conducted by paying visits to two representative sample LGAs: The selection of the LGAs was done based on the following criteria: geographical location (ecological representation, accessibility / distances) and maximization of all types of sub- projects, specifically those likely to depict appreciable number and variety of potential environmental and social impacts. The sample included 2 out of the 8 LGAs targeted namely Tanga City and Arusha City. At each LGA the Consultant gathered available documents (i.e. environmental / economic / social data, land use plans and materials from previous planning sessions) and conducted interviews/discussions with relevant project implementers and persons in- charge of sub-projects, such as: Project Team; Council Engineers; TSCP Focal Person; TSCP RAP Team; Relevant LGA sectors identified were: Physical (land and land use) planning; environmental management; economic planning; health and sanitation and community development; and relevant Council Management Committees. The fieldwork was carried out during January - February 2014. Details of field work and stakeholders met are under Annex 1. 1.5 Layout of the ESMF The ESMF has 7 main parts as follows: Chapter 1: The introduction presents a synopsis of TSCP background description: its objectives and components; presents rationale and objectives of developing the ESMF, scope; application arrangements and users; guiding principles; and approach and methodology used to develop the ESMF. Chapter 2: Details the infrastructure works / subprojects under the TSCP additional funding and describes the target areas including the general state of environment and social conditions at participating LGAs as well as institutional and management arrangements. A matrix showing all the subprojects and their respective geographical locations and nature of proposed works is found in Annex 2. 8 Chapter 3: Is an overview of Environmental and Social Management Requirements describing United Republic of Tanzania policy, legislative and institutional framework and applicable World Bank safeguard policies. Chapter 4: Describes a step-by-step procedure for subproject preparation, approval and implementation. Chapter 5: Details of Environmental Management describing the potential environmental and social impacts and risks on key receptors at subproject location and programmes for managing impacts and risks related to the sub-projects. Chapter 6:This part includes an assessment of institutional capacity and recommendations on capacity building and technical assistance required for ESMF implementation. Chapter 7: Is the ESMF implementation budget. 9 2 PROJECT DESCRIPTION 2.1 Anticipated Sub-project Types under TSCP Additional Financing Additional financing under TSCP will target three categories of sub-projects (Table 1). Details are presented under Annex 2. 2.1.1 Type 1: Additional works to improve completed infrastructure Proposals from participating LGAs includes some areas of the completed infrastructure that have been identified where improvements need to be made: additional structures to a number of completed roads and drainage infrastructure including storm water discharge drains; access/cuts across drains to houses/property; pedestrian walkways; street lighting; non-motorized transport facilities and other roads/facilities for connectivity; enhancement of traffic flow /alleviation of traffic congestion. Other additional works will entail improvements of solid waste management. The completed infrastructures were implemented based on approved technical designs and environmental and social impacts assessment reports. The current preparations for additional subprojects will only involve update/preparation of new designs, cost estimates, and ESIA reports, as relevant, based on experience so far gained. 2.1.2 Type 2: Sub-projects prepared under TSCP but not implemented The sub-projects were prioritized during the TSC project design and prepared but not financed under the first round of TSCP implementation, due to cost estimates being far above the available funds under the credit. The subprojects are in project documents but not carried out. Renewed proposals from participating LGAs include urban roads and drainage, including associated structures; solid waste management infrastructure, and transport and local infrastructure. The sub-projects have detailed engineering designs and cost estimates, and environmental and social impacts assessment reports (ESIA, EMPs and where required, RAPs) that were developed during preparation of the main TSC project. The current preparations will only involve update/preparation of new designs, cost estimates and ESIA reports as relevant. 2.1.3 Type 3: New sub-projects important for functionality of existing sub- projects These are new proposed sub-projects not prepared under TSCP including urban roads and drainage and associated structures; and solid waste management infrastructure. The proposed sub-projects therefore have no complete technical designs or environmental and social impacts assessment reports, which will need to be prepared as relevant. 10 Table 1Summary: Anticipated Sub-projects Types Road and Drainage Roads (rehabilitation by grading, gravelling, brick paving or Infrastructure tarmac/asphalt concrete surfacing) Side drains (de-silting, sand traps, stone pitching, gabions, concrete pipes) Pedestrian crossing slabs, pedestrian walkways, speed humps, rumble strips, road shoulders, etc.) Culverts Bridges Road furniture: street lights, signing. Urban transport Bus stands / bus stops (entrance / exit lanes, fencing wall, security guard shelter, passenger waiting sheds, toilet) Taxi stands Truck stands / parking area Public car parking Loading / off-loading bays Other works Workshop (store) Playing grounds: tennis court, basket/netball courts complete with electricity & water supply systems and water storage Solid / Liquid Waste Land fill (additional cells) Management Community waste collection points (skip pads) Evaporation ponds (new construction, improving lining) Equipment Solid waste management e.g. front loader Preparation of Design, supervision, etc. infrastructure projects expenditures 2.1.4 Anticipated Sub-project Types per Participating LGA Tanga City Council Activities will include:  Type 1 subprojects: (i) construction of 6km of storm water drains; (ii) finish construction of a block perimeter fence at bus stand and lorry parking area.  Type 2 subprojects: (i) upgrading / rehabilitation to asphalt 14.93 km of roads and associated storm water drainage and road furniture.  Type 3 subprojects: (i) improvement of an existing dumpsite to sanitary landfill and its support equipment. Arusha City Council Activities will include:  Type 1 subprojects: (i) construction of a 300m storm water drain; (ii) upgrading / rehabilitation to asphalt a 3.5 km urban road; (iii) addition of 3 cells on the constructed landfill.  Type 2 subprojects: (i) upgrading / rehabilitation to asphalt 7.1 km of roads. 11 Mwanza City Council Activities will include:  Type 1 subprojects: (i) completion works on 2 roads; (ii) construction of storm water drains; (iii) finishing of 2 bus stop shelters.  Type 2 subprojects: (i) construction of about 4.7 km urban roads; (ii) construction of a river protection structure.  Type 3 subprojects: (i) improvement of a sanitary landfill. Ilemela Municipal Council Activities will include:  Type 3 subprojects: (i) upgrading / rehabilitation of approximately 15.5 km roads. KigomaUjiji Municipal Council Activities will include:  Type 1 subprojects: (i) construction of approximately 0.4 km road; (ii) construction of a 2.5 km storm water drains; (iii) rehabilitation of storm water drain by de-silting, constructing of sand traps; (iv) addition of 1 cell on the constructed landfill; (v) construction of solid waste collection points; (vi) construction of a block wall fence at bus stand; (vii) construction of 2 bus stands.  Type 2 subprojects: (i) upgrading of 10.48 km of urban roads to asphalt concrete and associated storm water drainage, culverts, bridges, speed humps, street lights and drainage lines; (ii) rehabilitation of 1.6 km storm water drain by stone pitching, fixing gabions, inlets and concrete works. Dodoma Municipal Council Activities will include:  Type 1 subprojects: (i) rehabilitation of 0.65 km urban road with associated speed humps, 24 rumble strips, 600mm diameter concrete pipes, storm water drainage, walkways and street lights; (ii) construction of bus stand with associated 565m fencing wall, security guard shelter, passenger waiting sheds and 128m2 toilet; (iii) construction of a 100 storm water drains; (iv) provision of 15 pedestrian slabs.  Type 2 subprojects: (i) rehabilitation of a 1,256m2 car park; (ii) improvement of a workshop; (iii) construction of 22 skip pads; (iv) provision of concrete lining to the evaporation pond surface at 1:2:3 ration of grade; (v) construction of 2 cells landfill; (iv) 20.051 km urban roads. Capital Development authority (CDA) Activities will include:  Type 1 subprojects: (i) rehabilitation of roads with associated side drains, road shoulders, street lights; (ii) rehabilitation of urban roads with associated side drains, culverts, plus landscaping and protection work; (iii) construction of a 600 m storm water drain with associated access drains and culverts to link drains; (iv) fixing street lights along roads. 12  Type 2 subprojects: (i) construction of 6 foot bridges; (ii) construction of a public car park; (iii) construction of on-transit lorry parking area; (iii) construction of a regional bus terminal  Type 3 subprojects: (i) construction of 1.5 km urban link road to bitumen standard. Mbeya City Council Activities will include:  Type 1 subprojects: (i) installation of street lights on urban roads; (ii) provision of access culverts to properties and houses and on walk ways; (iii) construction of 2.7 km storm water drain (partly covered); (iv) installation of street lights on roads; (v) provision of access culverts to properties and houses and on walk ways; (vi) construction of 2 km storm water drain (partly covered); (vii) construction of 2 additional cells on constructed landfill.  Type 2 subprojects: (i) Upgrading of a 4.06 km urban road to asphalt concrete and associated side drain  Type 3 subprojects: (i) upgrading of a 9.85 km urban road to asphalt concrete and associated side drain Mtwara-Mikindani Municipal Council Activities will include:  Type 1 subprojects: (i) construction of 1.25 km storm water drain (outfall); (ii) construction of 1.6 km storm water drain (outfall) to culverts; (iii) provision of street lights; (iv) construction of a rainwater storage tank; (v) construction of 1 addition of cell on a landfill; (vi) construction of one evaporation pond.  Type 2 subprojects: (i) upgrading of 9.53km urban roads to asphalt concrete surfacing; (ii) construction of paved walkways; (iii) construction of a commuter bus stand with associated loading/off-loading bays and signage; (iv) construction of 37,875 m2 children playgrounds comprising of tennis courts and basket/netball courts with associated grassed areas, electricity supply system, water supply system (v) construction of garbage collection centres.  Type 3 subprojects: (i) construction of a 2.4 km road to asphalt concrete finished surface (ii) upgrade of the storm water drainage system. 2.1.5 Sub-Projects Exclusions The types of subprojects, which will not be financed by the TSCP include the following:  Subprojects in locations that are ecologically sensitive such as forests, wetlands, and other unique habitats;  Activities already covered by other sources of financing or are already included in other national or regional public development programs and where financing has been secured;  Urban investments and infrastructure outside the scope of the project description  Dams and weirs 13 2.2 TSCP Coordination and Implementation Arrangement The current arrangement is such that the PMO-RALG through the World Bank Working Group (WBWG) in the Division of the Urban Development is the executor of the TSCP, and is overall responsible for implementation of the project. PMO-RALG primary role is coordination of all participants responsible for the preparation, review, approval and implementation of the sub-projects including ensuring that the requirements of the ESIAs and ESMPs / RAPs are implemented. Seven LGAs and CDA in Dodoma (section 2.1.3 above) are responsible for prioritizing projects which are implemented, participate fully in the execution and management of the infrastructure / sub-projects including safeguards management. Project implementation is mainstreamed at PMO-RALG and within existing LGA/ CDA departments (utilizing existing staffing structures and government system) to promote ownership and sustainability. TSCP is also working with a number of public and private institutions and Civil Society Organizations. The arrangement is designed to guarantee execution of works and development of sustainable urban infrastructure development and management and will be adopted for the TSCP – AFP. Project implementation structure  Steering Committee and Technical Committee – will guide the work of the PMO- RALG Project Team with the Project Manager at PMO-RALG report directly to the Permanent Secretary.  Central MDAs role will continue to be steering the TSCP with respect to policy and institutional issues with the Vice President’s Office and Ministry of Lands, Housing and Human Settlement Development (MLHHSD) representatives to the Inter-Ministerial Steering Committee and while the National Environment Management Council (NEMC) as a member of the Technical Committee.  LGA and CDA Project Team will be composed of seconded LGA staff supported by consultants supervising major works. LGA Councils / CDA Board and Council Directors / CDA Director General will endorse LGA Annual Work Programmes of detailed activities for funding by PMO-RALG. Subproject Environmental and Social Management Structure Identification and prioritization of sub-projects / selection of sites: This is the function of recipient urban LGAs/ CDA who have developed their own funding proposals on a demand –driven basis. Priority urban infrastructures were drawn from consultations along with residents and other urban stakeholders. In some cases the selection was influenced by technical considerations provided by LGA sector specialists and consultant / design engineers. Provision of land: Subprojects will be mostly sited on existing infrastructure. Where land is required, i.e. expansion or extension, the subproject will utilize land designated by LGA or land acquired from individuals. Compensation procedures and payment of compensation costs by LGAs / CDA will be in accordance with RAPs prepared for respective subprojects. 14 Designs: Detailed designs are contracted to consulting firms. Procurement / contract awarding procedures include capability/experience in environmental and social impacts mitigation / integration into designs. Municipal Engineers and sector responsible for the sub-project (e.g. waste management) will work with the design consulting team to enable transfer of skills and knowledge. Preparation and approval of environmental and social management instruments: The qualified consulting firms will be tasked with preparation of the safeguards reports (updating or developing ESIA reports and associated ESMPs and RAPs and integration into designs for prioritized sub-projects in each LGA. The completed subprojects were subjected to environmental and social impact assessment following national EIA procedure. Each participating TSCP LGA submitted consolidated EIS for selected subprojects to the National Environment Management Council (NEMC) and was approved through the Division of Environment and each LGA was issued EIA Certificate by Minister Responsible for Environment at VPO. Chief Government Valuer (in the Ministry of Lands, Housing and Human Settlement Development (MLHHSD) – endorsed compensation schedules included in the subproject RAPs before implementation. A similar arrangement has been adopted for this ESMP. Preparation and approval of environmental and social management reports and subsequent implementation of the Plans will include participation of the following highlighted in this ESMF section B4. Municipal Engineers and staff from sector responsible for the sub-project; Authorized Land Officers in the Local Authorities; LGA Environmental Management Officers; Respective Regional and District Commissioners; LGA Environment and Social Committees; Executive Officers in Project Wards; and Local management committees for environment/ social / relevant sectors. PMO-RALG will continue to organized technical assistance and training to participants as relevant. Execution of works: Urban infrastructure works will be undertaken by LGAs through Contractors. LGAs and CDA will continue to make in kind contributions in the form of staff time. Community contribution (as condition of construction commencement) – is not a requirement under TSCP because, in urban settings, it could lead to delays. Construction supervision of the works: Construction supervision consultancies will be procured to assist LGAs and CDA to supervise investment subprojects and to transfer skills to technical staff. Support will be provided to assist LGAs in the implementation of the RAPs prior to commencement of construction contracts including payment of compensation costs. Support will also be provided to assist LGAs in the implementation and monitoring of construction aspects of the ESMPs linked to sub-projects. 15 Management / maintenance: Infrastructure, once complete, will be maintained by respective LGAs. These tasks are long-term and will be done by LGA sector specialists, i.e. roads and drainage by City/Municipal Engineers and waste management sites by Health Department etc. Operation supervision to assist LGAs in the implementation and monitoring of operations aspects of the ESMPs linked to sub-projects will continue to been provided by PMO- RALG. Monitoring of operations aspects of the ESMP: the role will be played by LGA Environmental Management Officers, LGA sector responsible for the sub-project and local management committees for relevant sectors. Reviews and Audits After a period of implementation the ESMPs of subproject should be subject to annual reviews / audits. PMO-RALG has plans to undertake Environmental Audit of completed sub-projects using external / independent reviewers /auditors. Capacity assessment of the participants and recommendation for improvements see chapter 6. 2.3 Target Areas for TSCP Additional Financing Enhancing the capacity of urban Local Government Authorities (LGAs) participating in TSCP is the primary focus for the TSCP. Therefore, the target areas are all 7 urban LGAs and CDA in Dodoma currently receiving funds from TSCP and hence eligible to receive funds for financing priority sub-projects under their areas of jurisdiction. Following the recent split of Mwanza City Authority, Ilemela Municipality is included as part of the project sites under TSCP. 2.3.1 Environmental and Social Conditions and Trends of (each) Participating LGA. Mtwara-Mikindani Municipality Environmental conditions The municipality lies at Mikindani bay on the Indian Ocean coast covering an area of approximately 163km2. According to the Strategic Land Use Plan, the borders of the municipality are expected to be expanded. Elevation is low ranging from sea level up to 50 meters, which contributes to frequent flooding during rainy seasons. The soils in the 16 coastal sedimentary zone are well drained sandy soils of low fertility and low moisture holding capacity. The council has a stretch of coastal strip of 25km from Chihiko in the south to Mirumba in the north. The shoreline is covered by mangrove trees. The outskirt is dominated by grassland or bush grassland. The municipality is sub-divided into two major agro- ecological zones: coastal areas favourable for sea weed (mwani) farming and the western outskirt suitable for urban agriculture. Social conditions The estimated population is 156,436 persons (2012 Census). The major occupation along the coastal strip is fishing with an average annual fish production of 385 metric tons. Industry, trade and commerce are the major economic activities in the CBD. A number of other trading activities are also carried out along various streets. About 33% of the population is involved in urban agriculture. The Council possesses a total of 9,000 hectors of arable land but only 6,757 hectors has been utilised. The main catchment areas are Mtawanya, Mbae and Mchuchu. Daily water demand is 12,500m³ while production capacity is 8,769m³ per day, hence creating a shortage of 3,231m³ per day. In addition, the municipality does not have a central sewerage system. The generated solid waste is dumped at site in Mangamba landfill site. In general, the municipality suffers from inadequate equipment and facilities for managing solid waste properly. Besides formal settlements in planned areas, the housing pattern also includes informal settlements located in unplanned areas with poor service environment. Kigoma-Ujiji Municipality Environmental Conditions Located on the Northern shores of Lake Tanganyika in the Western part of Tanzania, the Municipality has close proximity to the second deepest Lake in the world. A large part of the Council lies on terrain consisting of hills over 100 m above sea level. Kigoma Region lies within the Great Rift Valley. It is mainly endowed with rich and fertile volcanic soil. Vegetation cover is mainly miombo woodland, grassland and a wetland area in Kibirizi Ward which drains into Lake Tanganyika. It is reported that much of the natural vegetation has been degraded below its most productive condition, partly due to population expansion in suburbs. Natural vegetation is found on protected hill areas such as Katonga, Kibirizi, Buronge, Masanga, and Kitwe Sanctuary Forest Reserve. Within the Kigoma urban area the main forest reserves are Kitwe Forest Reserve and Buronge Forest Reserve in Kibirizi Ward. It has a high water demand that is yet to be met by the existing water sources. The main sources of water for domestic use include Lake Tanganyika, Nyakageni and Rutale water springs (Kipampa Ward). Socio-economic Conditions 17 Having started from the Arabic era as one of the major slave trade collection centres, the Municipality has a strong established Islamic faith among the inhabitants. It is also the Western terminal of the Central Railway line from Dar es Salaam. It has a total population of 215,458 (2012 Census). The average annual population growth rate between 2002 and 2012 was 2.4 percent for the entire Kigoma Region, a decline of 50 percent compared to the average growth rate from 1998 to 2002 of 4.8 percent. The main economic activities in the Central Business District (CBD) are trade, small scale industries and fishing. Farming is done in the outskirts. About 75% of residents earn their living from trading, especially from the informal sector trading activities. There Municipality has six main markets, namely (Kigoma Central, Mwanga, Buzebazeba, Nazareth, Isanga and Ujiji.) About 75 % of the population is accommodated in unplanned settlements which occupy only 28 percent of the residential areas mainly located in the urban peripheries which include Kamala, Businde, Buhanda, Gungu, Kibirizi and Kichwele. Such settlements are poorly serviced with basic infrastructure. The urban development is spatially shaped by two main roads namely Kigoma Railway Station-Ujiji Road and the Mwanga-Mwandiga Road. Urban development is characterized by both densely populated developed settlements largely in the inner locations, such as Mwanga, Bangwe, Gungu, Kitongoni and Lumumba. Buzebazeba, Kipampa and Kasimbe are sparsely populated developed settlements. Mwanza City Council Environmental conditions Located on the Southern shores of Lake Victoria, the city lies at an altitude of 1,140 metres above the sea level. It has two main districts, Nyagamana and Ilemela. An estimated 68% of the area occupied by the city is surrounded by water. The lake also influences the climate in Mwanza. The city is characterised by gently undulating granites and granodiorite physiography with isolated hill masses and rock inselbergs (between 1100-1600 metres in height). It is characterised by well-drained sandy, loamy soil generated from course grained cretaceous rock. Areas near the lake are evergreen whereas other areas in the outskirts are dry over some period of the year, especially between July and September. Lake Victoria is the main source of water for the city, serving about 90 percent of city dwellers and the Kisesa township population. The rest of the city is served by non -piped schemes such as shallow, medium/deep wells, rivers and traditional water sources such as rainwater and boreholes. Socio-economic conditions 18 The population size of Ilemela and Nyamagana is 343,001 and 363,452, respectively. Fishing on Lake Victoria is one of the most important economic activities. A total of 29,630 tons is sold to within the country and about 28,875 tons is consumed locally within the region and another 40,000 tons is exported to the European Union. Main trade activities and industries include: Mining of minerals, steel industries, food processing and confectionery, brewery industries, beverages, construction industries, transport industries, ginneries for cotton, hotel industries, fish gear industries, oil industries, printing and publishing industries, fish processing industries and fishnet industries. Agriculture and livestock keeping are other activities that people engage in. Cotton trade used to be the biggest earner of foreign exchange for before fishing took over. The region is not unique in the sense that it has both rural and urban settings. However, at the heart of Mwanza, buildings and the Lake Victoria borders the railway. Of the current 50,000 housing units in the city, 60% are built in unplanned areas. Approximately 70% of the population resides in unplanned settlements characterised by high congestion of buildings and poor accessibility to services. Arusha City Environmental conditions Arusha city lies at the southern slopes of Mount Meru which form isolated peaks breaking up the gently sloping plains at an altitude ranging from 1,160 m to 1,450 m above sea level. The city covers an area of 208 km2. The rivers flowing across the city are Burka, Engarenaro, Naura, Themi and Kijenge, all of which converge to join Themi River south of the city. Major hills located within the city area are Themi, Suye and Nemas. The southern slopes of Mt. Meru are characterised by volcanic soil and the south-western part of the city is covered by extensive black cotton soil (mbuga soil), which shrinks during dry season, developing cracks up to 50 mm wide and 1.5 m deep. Climate is characterised by bi-modal rainfall pattern, and the following dominant vegetation zones in the sub-urban wooded bush lands, wooded grasslands, bushed grassland and thickets. Social conditions The population is approximately 416,442 persons (2012 Census). The allocation of land to different activities is as follows: Urban agriculture (13,265 Ha), forests and hills (500 ha), residential (4,487 Ha), water bodies (150 Ha), open spaces (270 Ha), industrial areas (504 Ha), institutions (1,022 Ha) and mining (quarrels and murram) (30 Ha). The economy is mainly dependent on commerce, industries, tourism and small scale urban agriculture. The total length of the road network is 335 km, of which 196 km are earth roads, 54 km are gravel roads and 85 are paved roads. Solid waste generation is approximated to be 410 tons per day but only 40 % is collected and dumped at Muriet landfill. In planned 19 settlements, 78 % of total households use septic tanks, 8 % use pit latrines, and 14 % use conventional central sewerage system. Water demand is 42,000m3 per day and the supply capacity is 35,000 m3 per day. Tanga City Environmental conditions Tanga city extends 20 km inland from the coast of the Indian Ocean. It lies between 0 and 17 meters above sea level. The landscape features rolling hills, valleys and streams. The city is located along the coast; hence it experiences humid tropical climate and three rainy seasons. In terms of vegetation cover, shrubs and scattered natural trees dominate the council. Natural forests cover approximately 1,500 ha and mangrove forest covers 3,031 ha of the coastal strip. Social conditions Population is approximately 273,332 persons (2012 Census) whereas 81 % of people live in urban areas. The available fishing, tourism attractions, bank services, natural resources and other opportunities, have not been fully exploited by the local community. It is estimated that the annual per capita income of a person living in Tanga (2011) is approximately Tshs. 886,343/=. Low level of income is attributed to the decline in industrial activities (sisal and manufacturing industries) and hence shortage of employment. The decline in industrial activities has had a negative impact on the performance of the railway and port. Tanga city has abundant water sources from the Zigi River. The maximum water processing capacity is 42,000 m3/ day while daily demand is 26,000m3/day. Mbeya City Council Environmental Settings The city is located in the southern highlands of Tanzania. It is accessible by road and TAZARA railways from Dar es Salaam. Climate is generally tropic with marked seasonal and altitudinal temperature variations and sharply defined dry and rainy seasons. In the arable areas soils are most commonly of moderate fertility, coarse or medium in texture and varying from sandy loam and alluvial soils to cracking clays. Large part is dominated by crystalline and mainly fersic gneiss and granite rocks covered with thick layers of volcanic and alkali basalt. Miombo (Brachystegia julbernadia) woodland is predominant in Mbeya. Those areas with higher rainfall support forest, often evergreen and bamboo thickets, except at the highest elevation, where afro-alphine grasslands exist. There are three basic drainage systems:  The Ruaha – Rufiji basin extending from the south highlands on the southern plateau of Tanzania forms a watershed area of the main rivers draining the Region towards the east. Main rivers include the Great Ruaha which is considered as one of the great inlets of the Indian Ocean. 20  Lake Rukwa basin in the northwest of which the rivers Zira and Songwe form the inland drainage into Lake Rukwa.  Lake Nyasa basin in the south forms another inland drainage, of which the rivers Kiwira, Lufilyo, Mmbaka and Songwe are considered to be major sources of water to Lake Nyasa. Water from Lake Nyasa drains to the Indian Ocean through Shire and Zambezi River in Malawi. Socio-economic conditions The population is approximately 305,319 persons (2012 census). Economy depends on trade, business and tourism in the CBD supplemented by urban agriculture and mining in the outskirt. Dodoma Municipal Council (including the Capital Development Authority) Environmental Conditions Characterized by broad upland plains the municipality lies very close to the centre of mainland Tanzania. It is the official capital of Tanzania. The Municipality of Dodoma is on the vital Central Railway Line on a major crossroad of the National East West trunk road and the famous north to south Cape to Cairo Great North Road, which passes in Tanzania through Mbeya, Iringa, Dodoma, Babati and Arusha. The Capital Development Area (CDA) covers an area of 276,910 ha and has a designated area for urbanization, designed to a population of 1,000,000. The rest of CDA area is earmarked for an underground water catchment area, agriculture and livestock grazing area, afforestation and conservation areas and a future international airport. Climate is mostly semi-arid due to low and erratic rainfall. Rainfall is the most important climatic factor in with only one rainy season of heavy storms and flash floods are a common occurrence. Soil is considered to be of low fertility, deficient in organic matter, moderate to poor in permeability and of shallow depth. Salt content is generally high and in some areas, salt pans form under the top soil. Surface soil crusting is common. Vegetation in the sub-urban area is characterised by bush or thicket type. Depressions, which are seasonally inundated mbugas (areas with impeded drainage) support grasses to form grasslands and sometimes a mixture of grasses and woody plants. These are the wooded grasslands. Woodlands are observed as patches on many hills in Dodoma. Socio-economic conditions The population is 410,956 (2012 Census).Trade, industry and commerce dominates the CBD area. In the outskirt urban agriculture and livestock keeping are practiced. 21 3 LEGAL REQUIREMENTS AND INSTITUTIONAL FRAMEWORK 3.1 World Bank Safeguard Policies The World Bank Safeguard Policies are Operational Policies (OP) and Bank Procedures (BP) approved by the Board for addressing environmental and social issues within the Banks supported development projects. A summary of the ten safeguard policies is provided under annex 2. TSCP has been assigned Environmental Risk Assessment Category B and triggers the following World Bank Safeguard Polices: (i) Environmental Assessment (OP/BP 4.01); (ii) Involuntary Resettlement Policy (OP/BP 4.12); (iii) Physical Cultural Resources (OP/BP 4.11). Subsequently, the same policies will apply to the Sub-Project activities under the proposed Additional Financing. The safeguard policies considered applicable to the TSCP in general and Additional Financing specifically are: OP 4.01 (Environmental Assessment) The World Bank’s safeguard policy OP 4.01 Environmental Assessment requires that all Bank-financed operations are screened for potential environmental and social impacts a view shared by the Tanzania National EIA procedures and processes. Both policies emphasize that the required environmental assessment be carried out on the basis of the screening results. Thus, the proposed screening process under section B4 of this framework will be consistent with the Tanzania legislation and the WB policy on environmental assessment. The Project intends to finance a variety of types of infrastructure (e.g. artery urban roads and associated storm water drains, drainage channels from urban facilities, waste disposal infrastructure etc.) that can have adverse environmental impacts. The ESMF checklist is designed to identify these potential impacts, and direct LGA project teams and local leaders and management committees to practical ways of avoiding or mitigating them. The local government authorities through the screening process will determine the safeguards policies triggered by a particular proposed investment/subproject and prepare appropriate safeguard instruments. In the event that a subproject is categorized for detailed assessment, a full ESIA and ESMP will be required. A standalone ESMP will be prepared for subprojects with small impacts. For sub-projects with minor impacts, environmental measures will suffice. OP/BP4.11 (Physical Cultural Resources) Culturally, Tanzania is an extremely rich and diverse country and is home to ancient civilizations: 300-year-old Arab settlements; 100–year-old European buildings; graveyards; sacred areas; mosques; churches; etc. To mitigate against the potential for adverse impacts on cultural property, training of LGA project teams and local leaders and management committees and the subproject planning checklist as well as other tools, will 22 ensure that cultural property resources are identified during subproject planning, and appropriate measures are taken to avoid damaging them. Chance find procedures will be incorporated into civil works contracts and buffer zones will be created to avoid damage to cultural resources, such as “sacred� forests and graveyards. OP 4.12 (Involuntary Resettlement) WB Involuntary Resettlement Policy OP 4.12 requires that all projects screened for potential environmental and social impacts be supported/guided by a Resettlement Policy Framework (RPF) that identifies involuntary resettlements under the planned project, identifies impacts i.e. severe economic, social and environmental risks and based on this defines the scope of the resettlement assistant programme (i.e. Resettlement Action Plan, RAP) for affected persons. However, in Tanzania, there are no explicit requirements for a RPF or RAP. As regards compensation the Tanzania laws requires that only the rightful land or property owner (statutory or customary rights of occupancy) should be compensated, while the WB OP 4.12 require that any person (whether is rightful owner or not ) who loose or is denied or restricted access to economic resources – including tenants, encroachers, squatters - should be compensated. Although there are no significant discrepancies between WB requirements and Tanzania government’s requirements regarding compensation and resettlement of Project Affected People (PAP), as far as this ESMF (and RPF) for TSCP infrastructure projects are concerned, the World Bank’s safeguard policy will prevail. The Project will support urban LGAs investments in various types of subprojects that may require land for the construction of infrastructure. To ensure that current landowners or users are properly compensated, a Resettlement Policy Framework (RPF) has been prepared to be used by LGA project teams and local leaders and management committees concurrently with this ESMF. The RPF provides the framework for determining the need for and content of a Resettlement Action Plan (RAP) for subprojects. 3.2 Relevant National Environmental and Social Management Requirements TSCP is set within the context of a range of local and national environmental and social management policies, and legal support. These are the important factors that will provide an enabling environment so that the safeguards that will be put in place by the Participating urban LGAs to offset the environmental and social impacts of the infrastructure subprojects can really work. Tanzania has a good policy, legal and institutional framework for management of environment and social issues enshrined in the National Constitution, National Environment Management Policy and National Environmental Management Act, the Land Policy and Land Acts as well as supporting local laws and bye-laws. A few policies and laws that are relevant to the environmental and social management of the TSCP infrastructure development component are presented below. 23 3.2.1 The Constitution The Constitution of the United Republic of Tanzania Cap 2 (1977) The Constitution of a country is the supreme law and, at the moment there is no specific Article that directly addresses the right to clean and safe environment. The main tenet of the Constitution are the various rights bestowed to individuals which encompass all social matters and issues related to the environment which will be realized by the project through this ESMF. Article 24 has irrevocable provisions for the rights for a person to own property, for its protection and to fair and adequate compensation when deprived of the property. 3.2.2 General Environmental Management National Environmental Policy (NEP) (1997) The NEP was established in order to engage the contradictions and minimize sectoral conflicts and overlap of activities. Infrastructure investments under the TSCP may be established in more than one sector of the economy i.e. roads, waste management, transport etc. This ESMF environmental process and procedures (described under chapter 4 below) shall be applicable to all subprojects and implemented by related Departments / Sections at each LGA. Through this ESMF, Sectors at LGAs responsible for sub-projects will develop lists of priority environmental concerns in their sectors/areas and draw plans for dealing with them. Environmental Management Act (EMA), Cap 191 (2004) The ESMF section 1.2 outlines principles and best practices for management of environment which are in accord with EMA principles. Procedure and institutional arrangements for preparation and approval of environmental and social management instruments: ESIA reports, EMPs for subprojects (described above section 2.1.3 and chapter 4 below) are in line with rights, duties, and powers to individuals and institutions bestowed by EMA at all administrative levels (including the National Environmental Management Council, officers and committees at LGAs). The sub-project EMP for managing wastes will ensure the rights of every person residing in Participating LGAs to a clean, safe and healthy environment which are the basic tenets of the EMA. Environmental Impact Assessment and Audit Regulations (2005) It is an offence for LGAs to commence, finance, permit or license a project without EIA authorization. The LGA – specific EIA process described in this ESMF (chapter 4 below) including application, screening, assessment, review and approval are in line with EIA Regulations. The EIA and Audit Regulations Part IX, Regulation 42, Sub-regulation (1); (2)(b); and (4), require that in such situations where an EIA Certificate is still valid, and a Proponent wishes to make changes to the development, extra work should be done to supplement the existing Environmental Impact Statement. The nature of additional information required to supplement the EIS should be provided by the National Environment Management Council (NEMC). The EIS supplement is undertaken by the Proponent. At the completion of the assessment, the supplement report is reviewed and approved by NEMC. The Proponent is issued with a Variation Certificate in accordance with Part VII, Regulation 35, Sub- 24 regulations (1) – (3)) of the EIA and Audit Regulations, 2005.This ESMF environmental and social assessment and management process specific for TSCP additional works aims to fulfill this requirement. Environmental (Registration of Environmental Experts) Regulations (2005) Sub-project EIAs, where required, will be conducted by person or firm of experts registered and certified by the Registrar at NEMC. PMO-RALG will commission Consulting firms certified to undertake EIAs. LGA will strive to assign qualified LGA staff to prepare sub-project ESMP; or support and supervise external experts where screening determines a need to follow national procedures and obtaining EIA certificate issued by Minister responsible for environment. LGAs will ensure through capacity building outlined under this ESMF (B6) that its relevant Staff attain qualifications required under this regulations to conduct Environmental Impact Assessment and Audit or related studies and are registered / certified by Registrar (NEMC). 3.2.3 Management of Air emissions and Ambient Air Quality Environmental Management Act (EMA), Cap 191 (Sections 74, 75, 130-132) EMA has provisions for three main areas: General Atmosphere; Climate Change and Management of Gaseous Wastes from Various Sources. The Act directs LGA to adopt national standards on air emissions. Environmental Management (Air Quality Standards) Regulations, (2007) This regulation prohibits emissions/release of hazardous substance into the environment. The sub-project EMP for managing wastes will adhere to permissible emission limits and quantities of emissions of SOX, CO, black smoke and suspended particulate matters, NOX,O3, hydrocarbon, dust, lead, and substances in exhaust of motor vehicles prescribed by the regulations. If need be, LGA seek air pollutant emission permit issued by NEMC. Public Health Act, Cap 336 (2009) The Act sets requirements for management of gaseous wastes from various sources including vehicles. The sub-project EMP will ensure that habitable buildings under TSCP are designed to have adequate openings or ventilation, means of smoke escape, and maintenance of equipment and devices. Occupational Health and Safety Act, No.5 (2003) Sub-project EMP will incorporate requirements and standards for personnel working in areas where dangerous fumes are likely to be present; and precautions in respect to explosive or inflammable dust, gas, vapour or substance. 3.2.4 Management of Solid Wastes Environmental Management Act (EMA), Cap 191 (Sections 114 – 118). By developing waste management infrastructure, the LGA have fulfilled their responsibility required by EMA which empower them to devise means for minimization 25 of solid wastes and method of collection, transportation, treatment and disposal; as well as availing appropriate equipment and routes for collection; and designate transfer station / collection centers. The subproject ESMP will ensure proper functioning of the infrastructure and facilities. Public Health Act, Cap 336 (2009) By developing waste management infrastructure, the LGA also have fulfilled PHA requirement that vest duty to LGA to set aside and manage areas in respect of solid (and liquid) wastes; collect, transport and dispose wastes from all sources; cleanse all receptacles; clean, maintain, and keep streets and public places, dumping sites and control scavengers at all waste sites. The subproject ESMP and specific Waste Management Plans will ensure that the LGA infrastructure and facilities operate as per these requirements. Environmental Management (Hazardous Waste Control and Management) Regulations (2009) The subproject ESMP and specific Waste Management Plans will ensure that the LGA infrastructure and facilities have specific procedures and practices for storage, transportation, treatment and disposal of all categories of hazardous and toxic wastes including health care wastes, electrical and electronic wastes, pesticides, radioactive, industrial and consumer and chemical wastes. The monitoring procedures set in this ESMF process will ensure periodic records and annual reports of the performance of the licensed waste management landfills. 3.2.5 Management of Wastewater and Ambient Water quality Environmental Management Act (EMA), Cap 191 (Sections 61, 62, 123 – 129) By developing storm water management infrastructure, the LGA also have fulfilled EMA requirement that vest duty to LGA to prepare for placement of storm water drains. The sub-project EMP will adhere to provisions on discharge of sewage and management of liquid wastes and storm water. Environmental Management (Water Quality Standards) Regulations (2007) The sub-project EMP will ensure safe distances of water supply systems from pollution sources for any infrastructure activity near water sources. The inclusion of Environmental Management Officers in project teams and approval of subproject ESMP will ensure no discharge of water polluting substances will go uncontrolled. 3.2.6 Management of Soil Quality Environmental Management (Soil Quality Standards) Regulations (2007) The sub-project EMP will ensure main polluting activity and discharge effluent are prevented from contaminating soils or subsoil. 26 3.2.7 Management of Noise Environmental Management Act (EMA), Cap 191 (Sections 147). The sub-project screening procedures set in this ESMF will delineate all sorts of activities with potential to emitting noise and vibrations in order to control noise and vibration pollution into the environment. Environmental Management (Quality Standards for Control of Noise and Vibration Pollution) Regulations (2011) The sub-project ESMP will incorporate measures for control of noise and vibration pollution emanating from construction site, vehicles, workshop, and quarries that annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and of the environment. 3.2.8 Management of Land and Land use The Constitution of the United Republic of Tanzania Cap 2 (1977); National Land Policy (1997); Land Act, Cap 113 (R.E 2002); Land Acquisition Act, Cap. 118 (R.E 2002); Urban Planning Act No.8 (2007); Land Use Planning Act No. 6 (2007); Land (Assessment of the Value of Land for Compensation) Regulations (2001); Land (Compensation Claims) regulations (2001); Courts (Land Disputes Settlements) Act, Cap. 216 (2002). These laws and regulations govern the use of land and other assets in urban areas including property and land rights, acquisition of land and other assets, rights and compensation, and dispute resolution and grievance mechanisms. Sub-project ESMP will include component on Land acquisition and compensation procedures (Resettlement Action Plan) for each site that include comprehensive census of people whose land will be taken (even temporarily) and inventory of their assets and properties. Valuation and prompt compensation shall follow procedures laid down in land laws and regulations. 3.2.9 Management of Public / Occupation Health and Safety Occupational Health and Safety Act No. 5 (2003); Employment and Labour Relation Act Cap. 366 (2004); National Policy on HIV/AIDS (2001); The HIV and Aids (Prevention and Control) No. 28 (2008); Law of the Child Act No. 21 (2009); and Disabilities Act No. 9 (2010) The Acts make provisions for safety, health and welfare of persons at work places and general public. Sub-project ESMP will incorporate measures that ensure employment opportunities to all while protecting right of children and people with disabilities and control of STDs and HIV infections. 3.2.10 Others Relevant to Infrastructure Development Water Resource Management Act No. 11 (2009) and Water Supply And Sanitation Act No. 12 (2009) The Acts provides for prevention and control of water pollution and degradation of water resources and penalties to be taken against one who pollutes the water resources. 27 Road Act No. 13 (2007) Land acquisition and compensation procedures (Resettlement Action Plan) within Sub- project ESMP for each site will be guided and follow guidelines provided under this act i.e. give notice to affected people of plans for construction of a road (new road or to widen, deviate or re-align an existing road or road of access) and ensure compensation of owner of a land acquired. The ESMF recommend LGAs to liaise early in planning with the Road Authority mandated to permit use of the road reserve. 3.3 Institutional Framework for Environmental and Social Management 3.3.1 Environmental and Social Management Authorities Environmental Management Authorities as per Environmental Management Act, Cap 191 (2004) and EIA Regulations: National Environmental Advisory Committee Advise the Minister Responsible for Environment. Minister Responsible for Environment Issue guidelines and designate duties to various entities; approval by issuing of decision letter / EIA Certificate for development projects; delegate responsibility for EIA authorization to Director of Environment, LGAs and Sector Ministries. Director of Environment Coordinate, advise, assess, monitor and report environmental related aspects and activities; responsible for environmental policy and legal formulation and implementation; integration of environmental considerations into development policies, plans, programmes, strategies and projects; undertake strategic environmental assessment. The Director provides advice to Minister for approval of Environmental Impact Assessment report (EIS) and issuance of EIA Certificate. National Environment Management Council (A Body Corporate) Undertake enforcement, compliance, review and monitoring of environmental impact assessment. NEMC role is to initiate /develop procedures and safeguards for the prevention of activities which may cause environmental degradation; provide advice and technical support to different stakeholders; enforce and ensure compliance of the national environmental quality standards. NEMC has specific roles and responsibilities to NEMC in the undertaking EIA / PEA for new development projects (Part III – XI); Environmental Audit for existing development projects (Part X); and Environmental Monitoring and Reporting (Part XI). Under the EMA, NEMC is empowered to establish specific offices or to appoint or designate officers to effectively perform its functions. 28  Registrar of EIA Expert /Firm of Experts /Environmental Auditor/Environmental Inspectors: Register and keep registry of qualified firms/individuals authorized to offer services in undertaking EIA, Initial and Control Environmental Audit Environmental Inspection, EIA training and other technical support.  Environmental Inspector (Appointed or Designated): Empowered to enter on any land, premise or facility of the project for the purpose of inspection, to examine records and to make enquiries on the project or for the purpose of monitoring the effects of activity carried out on that land, premise or facility upon the environment.  NEMC Zonal Offices: Headed by Environmental Management Coordinators replicate all functions and departments of NEMC including overseeing Compliance and Enforcement; EIA; Research and Planning etc. NEMC target 7 such offices namely: Lake Zone (Mwanza (center), Geita, Kagera, Mara and Shinyanga); North Zone (Arusha (center), Tanga, Kilimanjaro, Manyara,); Southern Zone (Mbeya (center), Iringa, Rukwa, Nkasi, Ruvuma); South-Coast Zone (Mtwara, Lindi); Central Zone (Tabora, Dodoma, Singida); and Coast Zone (Dar es Salaam, Pwani, Morogoro). Sector (Ministries) Environmental Sections Responsible for all sector–specific environmental matters within the Ministry including participation in Cross-Sectoral Advisory Committee for review of EIA Reports; review and verification of Environmental Audit Reports, monitoring on-going projects, and submit Monitoring reports to NEMC. Regional Secretariat Assist the Regional Commissioner; oversee/advise implementation of national policies, enforcement of laws and regulations at regional level. EMA, Cap. 191 Section 34 confers additional roles to the Regional Secretariat to coordinate all environmental matters within respective region. Local Government Authorities Perform basic functions including promoting social and economic wellbeing and development of areas and people within jurisdictions including relevant to environmental and social management.EMA, Cap. 191 Section 37 confer additional functions for the environment committees; give general powers to the LGAs including to undertake inquiries and investigations, summon any person, resolve conflicts among various parties, inspect and examine any premise, order to remove substance or article harmful to the environment and prosecute or sue any violator.  LGA Environment Management Officer (designated / appointed):Enforce, advise the Environment Management Committee, gather/ manage information, and report on state of local environment. EMO are tasked to monitor the preparation, review and approval of environmental impact assessment for local investments.  LGA Standing Committee on Urban Planning and Environment: The Committee is established under Section 42 (1) of the Local Government (Urban Authorities) Act, 1982 as a standing committee responsible for urban planning. EMA covers 29 additional functions for the environment committees, include overseeing proper management of the environment within an urban area.  Standing Committees of Economic Affairs, Works and Environment of a Township: Established under Section 96(1) of the Local Government (District Authorities) Act, 1982 while EMA, Cap. additional functions for the environment committee include overseeing proper management of environment within a township. Registered EIA Expert /Firm of Experts /Environmental Auditor/Environmental Inspectors: Qualified firms/individuals authorized to offer services in undertaking EIA, Initial and Control Environmental Audit Environmental Inspection, EIA training and other technical supports. Other Actors as per EIA and Audit Regulations, 2005  Investor/ Developer / Project Proponent: oversee and meet costs of Environmental assessment and implementation of EMP/EMoP; undertake Initial Environmental Audits and Environmental Control Audit, Self-auditing during implementation of EMP; undertake Baseline Survey before project implementation as basis for undertaking effective monitoring  General Public empowered by EMA and EIA Regulations to participate in all environmental management matters concerning them and at all stages of the EIA process specifically to raise issues and concerns and to appeal when dissatisfied. 3.3.2 Land Management Authorities Minister Responsible for Lands / Land Use Planning Sole authority over all land matters: duty of formulation and implementation of Land Policy and Act; issuing permit for using land (other than village or reserved land); urban planning and use and development of land; designate any Body or Organ as a planning authority and to declare any area of land to be a planning area. Commissioner for Lands Sole authority responsible for land administration: principal administrative officer and professional officer and advisor to the government in land matters at all levels; has power to delegate the powers to officers at Local Authority to work and comply with his/her directives. Qualified Valuers Land (Assessment of the Value of Land for Compensation) Regulations, 2001 (Regulation 5) directs that every assessment of the value of land and un-exhausted improvement (properties / assets) is done by a qualified Valuer Chief Valuer Land (Assessment of the Value of Land for Compensation) Regulations, 2001 (Regulation 6) directs that every assessment of the value of land and un-exhausted 30 improvement (properties / assets) is done by a qualified Valuer is verified by the Chief Valuer of the Government or Representative. 3.3.3 Other Authorities relevant to Infrastructure Development Tanzania Electric Supply Company Limited (TANESCO) Under the Ministry of Energy and Minerals, its core functions are generation, transmission, distribution, supply and use of electric energy. At so many location TANESCO use road reserves for transmission infrastructure. Energy and Water Utilities Regulatory Authority (EWURA) In the electricity sector to regulate transmission and distribution of petroleum and natural gas; in the water sector responsible for (i) licensing and regulating water supply and sanitation services (ii) establishing standards, guidelines and tariffs chargeable in relation to water supply and sanitation services (ii) Monitoring water quality. Water Basin Authority Established to manage water resources in nine (9) water basins: Pangani River Basin, Rufiji River Basin, Lake Victoria, Wami-Ruvu, Lake Nyasa, Lake Rukwa, Internal Drainage Basin to Lake Eyasi, Manyara and Bubu depression, Lake Tanganyika, Ruvuma and Southern Coast. Water and Sewerage Authorities These are urban based, established to offer water supply and sanitation services in respective urban centers. The authorities issue permits for discharging liquid wastes. Tanzania National Roads Agency (TANROADS) Issue approvals or permit for undertaking physical works on roads or road reserves, issue permit for extraction of construction minerals, issue permit for using roads above set limits (tonnage, width etc.). Occupational Health and Safety Authority (OSHA) Oversee safety, health and welfare of persons at work, carries out all workplace inspections; hygiene surveys and measurements, occupational health examinations of workers, offer advice on ergonomics and scrutinize workplace drawings. Ministry of Home Affairs, Fire and Rescue Services Force Protection against fire hazards, to issue permit for use of fire-fighting equipment’s, Inspection of fire equipment commissioning of fire protection and detection system installed, to perform research on fire hazards and fire incidences. Tanzania Commission for Aids (TACAIDS) Prevention and control spread of HIV/AIDS, to promote advocacy and education on HIV/AIDS, to protect human and communal rights of people infected with and affected by HIV/AIDS 31 4 SUB-PROJECTS PREPARATION, APPROVAL AND IMPLEMENTATION 4.1 Preparation and Application The chapter describes an environmental and social assessment and management process specific for TSCP Additional Financing for sub-projects preparation, approval and implementation. The process is based on a simple screening and approval procedure including linkages with national procedure/institutions and various LGA-level entities and consulting service providers. The purpose of this process is:  To determine whether future sub-project investments are likely to have potential negative environmental and social impacts;  To determine appropriate mitigation measures for activities with adverse impacts;  To incorporate mitigation measures into sub-project design;  To review and approve proposed activities or sub-project; and  To monitor environmental parameters during sub-project implementation. The extent of environmental and social work that might be required for sub-project prior to implementation will depend on the outcome of the screening process. Main steps of the environmental and social assessment process to be established at PMO-RALG and under each LGA leading towards review and approval of sub-projects under the TSCP Additional Financing are described below. ESIA for the first phase of the Core Urban Infrastructure and Services component of TSCP was conducted for each Participating LGA and approved in 2010. Each LGA was issued an EIA Certificate enveloping all sub-projects that were tabled for funding. The environmental and social assessment and management process specific for TSCP additional works will be guided by requirements specified in the Tanzania EIA and Audit Regulations, 2005 (specifically (Part IX, Regulation 42, Sub-regulation (1); (2)(b); and (4)) dealing with approval of changes to a project with a valid EIA Certificate. The salient aspects of the process to be established at each of the 8 Participating LGAs and CDA shall include: Step 1: Preparation For the process to be effective, each Council Executive Director of participating LGAs will delegate coordinating responsibilities and day-to-day activities in the environmental and social assessment and management process to the Council Environmental Management Officer (EMO). The EMO shall remain as the main contact person for the national environmental management authorities (i.e. NEMC, Director of Environment) and PMO-RALG in all matters related to environmental and social management. 32 The Council Executive Director shall ensure that key staffs are included in the Project Team. Minimally, the team will include5 a sector specialist (i.e. Civil Engineer, Environmental Engineer), LGA staff trained and with experience in environmental assessment, environmental and sanitation management, sociology/community development, economic planning, Land and urban planning6. The environmental and social management aspects will be coordinated by the EMO7. The Council Executive Director shall ensure team members are adequately qualified and registered as ESIA Experts under the Environmental (Registration of Environmental Experts) Regulations, 2005. To become qualified for the tasks, the LGA officials and other actors will receive training (Part B6) specifically on the use of the ESMF checklist, tools, resource sheets and planning methods i.e. Environmental and Social Assessment and Management Manual prepared under the auspice of the Urban Local Government Strengthening Programme (ULGSP). Step 2: Screening Screening is the classification stage to determine the level at which an impact assessment will be carried out. Project Teams at each Participating LGA and CDA shall undertake initial screening to define the changes to the TSCP where extra work needs to be done to supplement the existing Environmental Impact Statements. The qualified Municipal sector specialists responsible for the design and/or implementation of the proposed infrastructure subprojects (assisted by Municipal Environmental Management Officers and LGA Project Teams) shall make brief description of the infrastructure / sub-projects defining activities likely to cause adverse environmental and social impacts. The screening takes consideration of key factors specifically magnitude/scale of emerging impacts and concerns of the public realized during sub-project implementation. The Teams shall carry out screening of the sub- project by using this ESMF environmental and social Checklist (Annex 3 and 4) as well as screening criteria provided in the EIA Regulations /Urban Local Government Strengthening Programme (ULGSP) Manual and field investigations as deemed necessary. After reviewing the results of the environmental and social screening process, Team will then write a brief screening report defining the subproject activities likely to cause additional impacts and extent of environmental and social assessment and management work required and submit to the PMO-RALG Project Team for approval. Time frame: Screening at LGAs within 10 working days; approval by PMO-RALG with within 5 working days. 5 The number and type of team members will depend on the nature and scope of the sub-project under consideration. 6 Other opted specialists appointed by the Council Executive Director on need basis depending on nature of project 710% of project funds are to be allocated to the EMO for environmental and social management activities and to cover monitoring, allowances, review costs, fuel and stationary (See capacity building chapter 7) 33 The screening report will be issued as part of the Terms of Reference to registered firm of experts (certified at NEMC to undertake ESIA) commissioned by PMO-RALG to undertake the additional assessment work. Step 3: Application for EIA Variation Certificate EIA Consultant will prepare application documents for each EIA Certificate Holder (Participating LGA and CDA) including a project brief as background information for application of Variation of EIA Certificate. Box 1 is the type of information required for the application. The preparatory work shall entail update of the ESMPs including field investigations to determine status of ecological and social receptors and consultation with LGA Project Team, project recipient communities and their leaders and relevant stakeholders. Box1: Content of Project Brief for application of Variation of EIA Certificate Project Description: a description of the additional or changes to project pointing variation(s) from the EIA report previously approved including clear definition of the affected sub- projects and areas. Changes in Baseline Condition: an update of the status of the project’s operating conditions that will be affected by the proposed additional sub-projects / activities (including a synopsis of prevailing environmental, social and compliance issues). Emerging Environmental and Social Impacts and concerns: identification of sources, nature and extent of key impacts, compliance and issues of concern covering but not limited to: pollution (changes to air quality, water and soil quality including accidental spills and disturbances); effects to local biodiversity and natural habitats; land use changes; use of resources and management of wastes (energy and material efficiency); Occupation Health and Safety; and community wellbeing, health, safety, and security. Mitigation Measures: Recommendations to avoid, reduce, mitigate or compensate the impacts including estimates of costs and responsibility for implementation of the mitigation measures. Show commitment of funds to implement the proposed mitigation measures. Update ESMaP and ESMoP: Update Environmental and Social Management Plan (ESMaP) and Environmental and Social Monitoring Plan (ESMoP) EIA Consultant will fill in a special application form issued by NEMC – Form No.5 for Variation of EIA Certificate (sample attached as Appendix 5) for each Participating LGA and CDA availing information on:  The nature of proposed variation(s);  Reasons for variation(s);  Description of the environmental and social changes arising from the proposed variation(s); 34  Description of how the environment and the community might be affected by the proposed variation(s);  Description of how and to what extent the environmental and social performance requirements (as set out in report previously approved for this project) may be affected; and  Description of any addition measures proposed to eliminate, reduce or control any adverse environmental impact arising from the proposed variations and to meet the requirements in the ESIA process. The respective Municipal Environmental Management Officers assisted by LGA Project Team will review the updated ESMPs for compliance with the results and recommendations from the environmental and social screening process and would recommend approval to the PMO-RALG. EIA Consultant will submit application documents including project briefs with updated ESMPs to the Project Team at PMO-RALG for approval and necessary signatures. PMO-RALG/ LGAs (or the EIA Consultant on behalf) will submit dully filled in Forms No.5 and approved project briefs together with a prescribed fee for NEMC to approve / determine the scope of supplementary work required. Step 4: NEMC Determine Scope of Supplementary Work Upon submission to NEMC of the intended TSCP additional development activities in each participating LGA and CDA, the Council shall advised on the nature of information required to supplement the 2010 EISs (see Appendix 1). No Additional Assessment Work Required: If the environmental and social screening results by NEMC indicate the potential impacts and application of mitigation measures in project design are sufficient; the TSCP Additional Financing will not require additional environmental work - NEMC will recommend approval of variations and each Participating LGA(EIA Certificates holder) will be issued with Variation of EIA Certificate approval(step 6). Additional Assessment Work Required: In some cases the results of the environmental and social screening process by NEMC may indicate extra work needs to be done to supplement the existing Environmental Impact Statements. The Council will provide the nature of additional information required. PMO-RALG (EIA Consultant on behalf) shall proceed to step 5: carry out the EIS supplement work. 4.2 Appraisal and Approval Step 5: Carrying Out Supplementary Assessment Work 35 The EIA Consultant will initiate environmental work according to the nature of additional information required to supplement the EISs. Impacts identification and mitigation shall be based on this ESMF environmental and social Checklist and the (ULGSP) Manual complimented by other measures applicable to the particular sector/situation. The Consultant will undertake assessment with involvement of certified staff at each LGA and CDA (coordinated by the Environmental Management Officer (EMO). The study may include field investigations - a site visit conducted to determine status of ecological and social receptors and engage with project recipient communities and stakeholders. The work shall culminate in production of EIS Supplement Report. OR NEMC could recommend a more detailed assessment for a specific sub-project i.e. a Preliminary Environmental (and Social) Assessment (PEA) or Full-scale ESIA. The EIA Consultant shall follow the steps (Boxes 2a & 2b) as per provisions in the national EIA & Audit Regulations with LGA input and participation. Box 2a: Preliminary Environmental (and Social) Assessment (PEA) Scope of PEA work:  Description of the project characteristics and the affected environment;  Identification of impacts on the local environment;  Assessment or evaluation of the significance of the impacts; and  Identification of mitigation measures. Box 2b Full-scale Environmental and Social Impact Assessment (ESIA) General Steps:  Scoping and preparation of Terms of Reference;  Preparation of Environmental Impact Statement;  Review by Technical Advisory Committee;  Approval and Issuing of an EIA Certificate. The EIA Consultant shall complete the assessment work and submit the supplement reports for review and approval by NEMC (step 6). Step 6: Approval of Variation to the EIA Certificate If the review of the project brief or EIS Supplement Report by NEMC indicate the potential impacts and application of mitigation measures in projects design are sufficient; NEMC will recommend to the Minister to issue approval of Variation to the EIA Certificate. Upon receipt of the approval, PMO-RALG (EIA Consultant on behalf) shall proceed to step 7 - incorporate the mitigation measures into the proposals or designs of the sub-project development activities. 36 Step 7: Incorporating Mitigation Measures into Sub-Project Proposals / Designs The EIA Consultant shall develop sub-project specific ESMPs based on the updated and approved generic ESMP for individual or groups of similar sub-projects (as relevant) proposed by Participating LGA for additional financing. The design consultants in collaboration with LGA Project Team will incorporate the mitigation measures recommended in the sub-project specific ESMP, into the proposals and designs of the sub-project development activities and submit the revised designs to the Project Management Team as appropriate for review and approval (step 8). Step 8: Approval of Revised Designs by LGAs The Environmental Management Officer (assisted by LGA Project Teams and including community representatives) shall review and make recommendation on the revised designs. The review assesses to ensure considerations of land take / land acquisition and resettlement impacts, discharge of pollutants (i.e. sediments and oils in storm water / wash-down waters) into sensitive habitats, additional modifications, alternatives routes etc. The Teams shall carry out review using the environmental and social screening Checklist (Annex 4) as well as guidance from e.g. Urban Local Government Strengthening Programme (ULGSP) Manual and field investigations as deemed necessary. The ESMF checklist lists mitigation measures and management controls besides each identified impact that the Team will use to check if the ESMPs proposed by EIA Consultants address the negative impacts or enhance positive ones. Participating LGA Recommendations If the sub-project environmental assessment and project documentation have satisfactorily addressed all key issues and satisfied that the sub-project designs are environmentally and socially compliant, the EMO will clear the sub-project through to the PMO-RALG Project Team. PMO-RALG will provide review results to design consultant for final incorporation into design and/or subproject ESMP and proceed through standard project authorization by GoT. Any proposed infrastructure project that does not comply with the requirements of Tanzania environmental policies and legislation and World Bank Core Principles will not be cleared for approval. This process is designed to ensure that the environmental and social assessment process is part of and conducted during the design process thereby ensuring that the infrastructure development activities are environmentally and socially sound and sustainable. 37 4.3 Disclosure of Sub-Project Information Step 9: Disclosure of approved sub-project Upon final clearance of the sub-project, PMO-RALG and LGA Project Teams will disclose the approved sub-project information (ESMP, designs) to the public. More than one avenue can be used as most suitable to the LGA however at the minimum the Team shall ensure that the key findings of the environmental and social impacts and mitigation process are:  Presented and discussed at least one meeting of relevant Local Management Committee, Mtaa /sub ward Government and Ward Development Committee.  Presented and discussed at least one meeting of Council Environmental Committee and LGA Full Council  Accessible in a public place i.e. notice board, public information point /centre/ library, ward/sub-Ward (“Mtaa�) offices etc.  Presented in an understandable form, manner and language by using the non- technical summaries of the ESMP that is in both Kiswahili and English.  Disclosure in World Bank InfoShop. 4.4 Implementation, Monitoring, Reporting and Review The Project Teams will ensure that all relevant project approvals including resources (human and financial) for proposed mitigations are complete before initiating subproject implementation. During implementation the LGA Project Team will be responsible for:  Ensuring that compensations for lost land rights and properties (if applicable to the sub-project) are implemented and completed before the commencement of any construction works.  Ensuring that the implementation of the sub-project ESMP is part of the Contractor's contractual obligations. The LGA procurement section will supervise the tendering process for all service providers.  Ensuring that the ESMP is implemented and approval conditions are observed during the mobilization, construction and operation of the sub-project. If the project reaches a stage of decommissioning, the LGA Project Team shall prepare a decommissioning plan which will include environmental and social issues highlighted in the ESMP. Step 10: Monitoring and Reporting Environmental monitoring needs to be carried out during the mobilisation, construction as well as operation and maintenance phases of the infrastructure sub-project in order to measure the success of the mitigation measures implemented earlier Under TSCP, the responsibilities for monitoring and evaluation of the mitigation measures adopted would be assigned as follows:. 38  The Municipal sector specialists (Municipal Engineer) is responsible for the day- to-day monitoring of the sub-project ESMP including supervising aspects implemented by the Contractors and resolving grievances specifically the monitoring of (i) the environmental and social assessment work to be carried out by service providers; (ii) overseeing the implementation of the Resettlement Action Plans; (iii) monitoring of environmental issues and the supervision of the civil works contractor during the construction process (iv) monitoring of environmental issues during operations and during maintenance of the infrastructure facility (iv) submission of monitoring reports to District Environmental Offices/NEMC. The monitoring and reporting will be done by the Municipal sector specialists who will be trained. He/She shall bear the overall responsibility of supervision of the infrastructure projects and shall report to the Project Team at PMO-RALG.  The District Environmental Officer have a supervisory monitoring role to ensure that the mitigation measures indicated in the ESMP are actually being implemented and reporting on all environmental and social management issues within the LGA and to NEMC throughout the project life-cycle as required. Specifically EMO will undertake compliance monitoring to check whether prescribed actions have been carried out. In close collaboration with the infrastructure project implementers (Municipal sector specialists /Municipal Engineer) the EMO will ensure that the monitoring plan as contained in the individual infrastructure project proposals is implemented as stated therein. EMO will consolidate the project-specific monitoring report into one common report and submit the report Project Team at PMO-RALG and NEMC.  Members of the Community: Will undertake - after awareness raising - effects monitoring (which records the consequences of activities on the biophysical and social environment). This will be done throughout the infrastructure project cycle: (i) During planning phase - participate in the identification of indicators for monitoring the mitigating measures; (ii) During implementation (construction) phase, monitoring the execution of works with respect to environmental aspects, e.g. verify the compliances of the Contractors with their obligations; (iii) During operation and maintenance phase, the overall environmental monitoring and alerting on any emerging environmental hazards in conjunction with the ongoing infrastructure project activities. The communities will be enabled to pass on their observations and concerns through the existing administrative structure of the local governments i.e. mtaa�/Ward councils and environment committees to Municipal Environmental Management Officers who will have direct link with NEMC/PMO-RALG.  The National Environment Management Council (NEMC) will perform an enforcement monitoring role supported by PMO-RALG based on submissions and recommendations from the EIS/ EMO. The NEMC will ensure that the monitoring plan for the overall monitoring of the entire TSCP –Additional Financing requirements is implemented with particular focus on monitoring 39 cumulative impacts of the infrastructure projects on a municipal level and to ensure that individual infrastructure project mitigation measures are effective at the cumulative and municipal level. NEMC would primarily achieve this objective through periodic field visits, coordinating and implementing the Training Program and through technical assistance and backup services to the PMO-RALG.  PMO-RALG will perform monitoring functions for the entire TSCP – Additional Financing. Monitoring and Evaluation guidelines developed to monitor the entire project will include parameters for compliance to proposed measures to safeguard the environmental and social impacts. Monitoring activities by the Implementers, Environmental Officers/NEMC will be performed periodically through performance surveys/audits. Monitoring indicators The objectives for monitoring are: (i) to alert project implementing institutions and to provide timely information about the success or otherwise of the EIA process as outlined in this ESMF in such a manner that changes to the system can be made, if required; (ii) to make a final evaluation in order to determine whether the mitigation measures designed into the infrastructure projects have been successful in such a way that the pre- infrastructure project environmental and social condition has been restored, improved upon or worse than before. A number of indicators would be used in order to determine the status of infrastructure of beneficiary LGAs and CDA, affected people and their environment (general standards of the roads and drainage compared to before, management of waste – solid, waste water, storm water compared to before, general sanitation of the urban area compared to before, and capacity and knowledge of environment and social management issues compared to before, level of participation of other stakeholders in project activities compared to before etc.) Therefore, the infrastructure project EIA’s will set three major socio- economic goals by which to evaluate its success:  Project beneficiary institutions are able to maintain their pre-project capacity to plan, construct, and maintain their infrastructure and even improve on it;  The pre-infrastructure development environmental state of physical and biological natural resources e.g. land, water, bio-diversity has been maintained or improved upon;  The pre-infrastructure development social and economic state (livelihoods, heath status etc) of project affected people (PAP) has been maintained or improved upon. In order to assess whether these goals are met, the infrastructure projects will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. The following parameters and verifiable indicators will be used to measure the EIA process, mitigation plans and performance:  Adopted of the LGA specific EIA process by the Participating LGAs and CDA; evaluate the rate of adoption; 40  Number of environmental resource persons within the LGAs who have successfully received EIA training in screening methods etc.; evaluate the training content, methodology and trainee response to training through feedback; Monitoring indicators which should be included in the Project Monitoring Manual include:  Environmental indicators o Efficiency of infrastructure projects maintenance and operating performance; o Water quality and soil quality at site and outlet (e.g. final exit of storm water drains) of infrastructure sub-project meets local standards o Compliance with the Environmental Guidelines for Contractors o Safe disposal of hazardous wastes  Social indicators o Number of people provided with environmental training to implement the ESMF o The number of local workers used during implementation of the works o Savings in costs for resources and services required to maintain the infrastructure (water, energy, management of liquid and solid waste etc.) Step 11: Annual Reviews Annual Reviews of the TSCP sub-projects will be carried out as commissioned by LGA / PMO-RALG. These are to be Third Party audits (by independent Local Consultant, NGO or Service provider) which will review the implementation of environmental and social management in the participating LGAs. 41 5 ENVIRONMENTAL MANAGEMENT In this section the ESMF describes how sub-projects will respond to the needs for environmental management i.e. the conservation of natural habitats and the protection of cultural property. 5.1 Determination of Potential Environmental and Social Impacts and Proposed Mitigations In this ESMF, environment is broadly defined to include natural environment (air, water and land) and human wellbeing, health and safety. When, during the screening process (using ESMF checklist: Annex 4), it is determined that a sub-project is likely to cause, and subsequently manage, potential adverse environmental and social effects, the LGA Project Team will use ESMF checklist and resources and participation sheets to support environmental planning. Emphasis is on plans and designs that avoid creating adverse environmental and social impacts that have to be explicitly managed. 5.1.1 Subproject Activities Likely to Cause Environmental and Social Effects Table 2 presents subproject activities likely to cause environmental and social impacts albeit of varying degrees at different locations. Table 2Summary of activities associated with proposed subproject s Subproject infrastructure type Activities Roads Rehabilitation by grading, gravelling, brick paving or tarmac/asphalt concrete finished surface Road side drains De-silting, construction of sand traps, stone pitching, gabions, concrete pipes Drainage channels New construction, rehabilitation by paving? of existing drains Culverts and bridges New construction, rehabilitation by of existing structures Pedestrian crossing slabs, New construction walkways, speed humps, rumble strips, road shoulders Road furniture (street lights, New installations signing etc.) Bus stands / bus stops New construction of entrance / exit lanes, buildings (security guard shelter, passenger waiting sheds, toilets etc.) and fencing wall. Public car parking area, taxi New / upgrading by grading, gravelling, brick paving stands, truck stands, loading / off-loading bays Other works New construction: buildings (workshop, store); water storage; sports ground, installation of electricity, water supply systems, landscaping/ grassing. Solid / Liquid Waste Construction of additional cells at existing land fill sites; Management Infrastructure construction of community waste collection points (skip pads); improvements (lining) waste water evaporation ponds. Using ESMF checklist, the Project Team / EIA Consultants will screen each subproject’s activities and determine components / activities likely to cause impacts by filling in the 42 “No� or “Yes� part of the ESMF checklist matrix. The screening shall extend through entire subproject cycle from siting (site selection), mobilization/construction and operation to decommissioning of whole or components of the sub-project.  Land acquisition: rehabilitation/upgrading of existing roads at some points will necessitate diversion of a route into new land in order to avoid sensitive / important natural or social / cultural or economic features. Few TSCP subprojects are “green field� developments but in some areas, land-take for construction of structures meant to facilitate functioning of completed facilities (i.e. drainage) will require acquisition of additional land. In other cases expansion of diameters or extension of lengths of existing roads and drainage channels will increase the size of the way leave extending into other land uses.  Mobilization of materials, equipment and crew/staff to the subproject location extend the impact area to include offsite locations – i.e. transportation routes and sources of materials. Delivery happens throughout the life of a project with activity level tending to be high prior to construction phase and wane off and become routine during operation phase.  Construction entails the erection or laying down of structures on the subproject site – consider both new and maintenance / rehabilitation / upgrading /expansion works. Activities known to cause impacts include (but is not limited to) vegetation clearing, digging and trenching, filling, draining etc. and operations of construction equipment.  Infrastructure operations are long term activities related to the use of the developed infrastructure. Sources of impacts are commonly associated with deficiencies in management and monitoring procedures.  Decommissioning at the end of its life or rehabilitation or up-grading an infrastructure or its component may involve demolition of structures and demobilization and site restoration. 5.1.2 Potential Direct Environmental and Social Impacts and Mitigation Potential direct environmental and social impacts are a result of interactions between sub- projects’ activities with the relevant baseline aspects (valued receptors). Impacts may emanate from any of the three categories of subprojects LGA Project Team will undertake impact identification guided by the following important considerations:  Impacts identification link to causes of impacts (cause-effect interactions) and identification shall extend through entire subproject cycle  All valued receptors – physical, chemical, biological, built or human on subproject site, immediate vicinity or off site locations needs to be considered as required during the planning, designing and implementing stages of sub-projects. The ESMF checklist lists mitigation measures and management controls connected to each identified impact that the project teams will use to check if the subproject ESMP addresses the negative impacts or enhance positive ones. Impacts on remnants of natural areas and vegetation Screening may determine that a subproject is likely to affect natural areas particularly in peri-urban parts of the ULGA including land and water areas. Such natural areas within 43 or in near vicinity of urban areas occur albeit as small groves of natural vegetation, wetlands and rivers but whose ecological functions have already been essentially modified by human activities. Two broad direct impacts on such natural areas are possible: clearance of a natural vegetation and disturbance of contained fauna and direct pollution . During road construction storm water drainage loaded with wastes, oils, sediments etc. may lead directly or indirectly into or cut across such areas. However, none of TSCP activities are likely to involve total clearance of natural vegetation as they mostly involve improvements of existing structures and may constitute small land take. Mitigation measures in the ESMF checklist (to be adopted in subproject ESMPs) aim to minimize vegetation loss through i.e. avoidance strategies such as circumventing natural areas and pollution prevention measures. Proposed management actions for participating LGAs to minimize cumulative impacts are to establish land use plans taking consideration of conserving for important natural areas within the urban LGA boundaries. Impacts on water resources and management Water resources in urban areas constitute surface water found in natural water bodies (lakes, rivers, wetlands, ponds) man-made water retention structures (dams, reservoirs, troughs) and underground aquifers. During screening it may be determined that a subproject (located close to or leading into natural water sources) is likely to cause impacts on local water resources including (i) eroded soils from construction activities obstruct natural drainage systems and cause effects on the integrity of watercourses, drainage, and sedimentation regime; (ii) paving of surfaces (vehicle parking areas, bus stand etc.) increase rain water catchment exacerbating storm water management of an area; (iii) potential to deplete water resources due to construction activities requirement for water inputs e.g. for mixing, cleaning, dust dousing etc. and water for drinking and ablution purposes for construction crew. TSCP infrastructure development is designed in many respects to improve water management of a subproject site and reduction of associated risks i.e. flooding due to poor drainage systems. Mitigation measures in the ESMF checklist (subproject ESMP) include determination of water needs before extraction to determine available quantities (especially if involve underground water resources); adoption of alternative strategies to avoid/minimize extraction from natural water bodies, sourcing from authorized Municipal/community water supply systems; channelling surface water from paved areas to storage troughs and measures to manage deposition of eroded soils into water bodies. Impacts on land, soil Depending on type of subproject and nature of locality, screening could determine that construction works will involve some degree of land disturbance and/or movement of soils and thus expose the soils to erosion by the elements (wind, rain) and lead to land degradation at construction sites and offsite quarry sites. Main potential impacts are 44 degradation of land and soils – substantially reducing their quality (nutrients, water retention, physical properties etc.) below acceptable levels; and depletion of land, soil and mineral resources. Soils on hilly and undulating areas such as Kigoma-Ujiji Municipality, Mwanza City, Mbeya City when exposed are more susceptible to erosion. Construction of new drainage systems, new bridges, waste disposal facilities, and recreational facilities may require more works and for longer periods. However, many of the additional infrastructure e.g. extensions of roads are very short length (less than 1km), road furniture and local structures require small to medium sized sheds or concrete buildings envisaged not to require extensive construction works and limited land disturbances. Secondary impacts at points of extraction of the construction materials may include depletion of local construction materials e.g. stones/aggregates, sand, gravel, cobblestones, and fill materials. Mitigation measures focus in this ESMF checklist is on the phase prior to planning by authorities and Contractor. Instructions to the Contractors shall include soil erosion control and land rehabilitation measures; supervision and monitoring during and after sub-project implementation. Contractor shall identify erosion prone areas, identify permanent erosion control measures (applicable for a particular site) and plan construction works and sites to limit quantity of material likely to be eroded and transported into watercourses. Proposed management actions for participating LGAs are to: procure and use Contractors with requisite experience of land management and soil erosion control; develop management plans for existing quarry sites, and new sources of construction materials Materials Efficiency and Wastes Subprojects under TSCP for improvement of waste collection and disposal infrastructure in urban LGAs aim to increase wastes collection efforts in urban areas and load destined to municipal disposal sites and management of disposal sites in an environmentally suitable and socially acceptable manner. Planned or accidental discharging of various types and quantities of solid and liquid wastes, spillage / leakages of materials emanating from sub-project directly into natural habitats may impair qualities of receiving medium: surface water bodies (BOD, COD) and underground water sources; contaminate and reduce quality of land areas or soils. Main causes are inadequacies in the waste management practices during construction and operation of infrastructure: discharge of oil and lubricants from vehicle repairs and filling at car parking areas, discharges of eroded soils, seepages from landfills, littering during waste collection, transportation and disposal, soils and wastes clogging drainage systems etc.The effects will tend to be severe if discharged wastes are hazardous and/or will contaminate water sources used for domestic purposes or arable land. Discharges in a water habitat tend to reach further due to dispersion, but severity of contamination is reduced by dilution. The effects on land will tend to be concentrated and localized, not dispersed or diluted (unless by rain). 45 Mitigation measures in this ESMF checklist hinge on development and implementation of subproject – specific Waste Management Procedure / Plan that (i) identify what type of solid or liquid wastes and categories of wastes the subproject will generate or handle (biodegradable / organic wastes; packaging materials; non-biodegradable (metallic, plastic), construction wastes, and hazardous wastes i.e. medical wastes, fuels, oils, lubricants, vehicle / machinery fluids etc);(ii) identify ways to reduce the volume of waste by reusing or recycling initiatives; (iii) use best available mechanisms, practices and technologies for waste collection and transportation water treatment facilities and solid waste disposal sites. Impacts on Air Quality and Climate Change Emissions emanate from fuel powered equipment i.e. vehicles engines and construction equipment etc. Exhaust contain pollutants notably carbon-dioxide (CO2) plus small quantities of noxious gases such as nitrogen oxides (NOx), sulphur dioxides (SOx), hydrocarbons and particulate matters (PM). These Green House Gases (GHGs) are known to interfere with temperature regime and cause climate change effects. Clearance of vegetation reduces vegetation cover thus reducing sink for carbon-dioxide and consequent climate change effects. However, the impact on air quality will be minor and localized due to sizes and numbers of equipment used per site. Increase of air pollution from dust, odours, noise etc. cause modifications to air quality. Mitigation measures in this ESMF and later adopted in subproject ESMP for managing air and noise pollution hinge on avoidance strategies; equipment operations and maintenance measures that minimize emissions of substances into the atmosphere. Proposed management actions for participating LGAs requirement and instructions to the Contractors and facility operators to institute procedures for preventive maintenance of equipment. Impacts on Landscape and Visual Amenity Project aspects likely to affect landscape and visual quality are activities that cause modifications in the quality of the landscape features or erection of structures that do not blend with the natural setting of an area. These include land clearance that leaves bare areas or eroded areas in otherwise green surroundings. Haphazardly disposed wastes are an eye sore and result in loss of visual amenity of affected area. The effects will be more felt at areas designated as tourist destination. Mitigation measures in this ESMF and later adopted in subproject ESMP for managing landscape and visual amenity include avoidance and minimizing strategies. Proposed management actions for participating LGAs establish: standards on shapes, height, color etc. of buildings and structures erected at scenic areas especially of touristic values. 46 Impacts on Built Environment Infrastructure development, upgrade or rehabilitation aim at improving access and services during operation. However, construction works or subproject physical presence could cause physical damage or restrict access or delay access to existing infrastructure (albeit temporarily) e.g. roads, electrical installations (below ground and overhead lines), water intake and supply systems, homes, business and service institutions and other natural sites causing disturbances to local residents and users. Infrastructure being located in already developed areas invariably will operate using existing support facilities and associated services i.e. water supply system. Connection to existing utility facilities without considerations of available resource would increase pressure on the system depending on their carrying capacity. Mitigation measures in this ESMF and later adopted in subproject ESMP hinge on prior information /notices to and consent by other operators and users of affected infrastructure. Proposed management actions for participating LGAs establish: procedure for early notification and coordination among relevant utility and infrastructure authorities responsible for e.g. water supply, electricity supply, roads, communication installation etc. Impacts on Land Rights and Land Use Taking land for linear developments (roads and drainage) will create new or extend Corridor of Impact (CoI). The involuntary taking of land and other assets (permanent or temporary acquisition) owned and/or used by both individuals and by communities may result in a number of direct social and economic impacts of varying severity. Change or modification of existing or potential land uses of the urban LGA:  Modification on residential areas, modifications in the access to buildings, fragmentation of property, and expropriate of buildings; damage of homes leading to relocation or loss of shelter and consequent displacement or relocation of people, assets and property and conflicts related to restricted access.  Disruption of social sensitive areas (burial sites etc.) and institutional areas  Direct encroachment causing loss, partial replacement or damage of indigenous vegetation and contained biodiversity. The subprojects development is unlikely to have effects on the population and its quality of life [e.g. relocation of the population, of their activities, modification of their habits (severance) as are mostly small to medium scale activities in terms of land or size of total building floor area required for their establishment. Mitigation actions in the ESMF and later adopted in subproject ESMP shall kick off by undertaking comprehensive census of people whose land will be taken (even temporarily) and inventory of their assets and properties. Valuation and prompt compensation shall follow procedures laid down in land laws and regulations. Sub-project ESMP will include component on Land Acquisition and Compensation Procedures (Resettlement Action Plan) for each site. 47 Proposed management action for participating LGAs are to review and address any gaps in the current land acquisition practices for location of public infrastructure and facilities. Impacts on Community Livelihoods Positive economic impacts of the project include reduction in expenditure on infrastructure investment and contribution to local government incomes. Other direct and indirect positive effects include increased employment opportunities at all levels; development of new services; improvements that accrue from improved access. Indirect negative impacts relate to improvements in infrastructure i.e. roads and associated social and economic services are induced settlements (that habitually sprout along new or improved infrastructure) and increased illegal developments due to new or improved access. Improved urban conditions inevitably attract new comers and/or new economic migrants (seeking employment, services provision, traders etc.) which may lead to impacts such as additional pressure and demands to local on local social services and resources (increase water users); and social / health hazards due to interactions among new comers and with locals. Proposed management actions for participating LGAs to minimize cumulative impacts are to establish and enforce land use plans for all categories of land within the urban LGA boundaries. Impacts on Public Health and Safety Users of land abutting or neighbouring the project site and public safety and road/facility users in particular are exposed to and likely to be affected by sub-project activities specifically accidents during construction (open pits filled with water) and operation phases (speeding cars on improved roads) due to lack of appropriate /sufficient signage at construction sites and timely notification. Infrastructure located at public places or used by general or specific segment of population i.e. bus stands are associated with congregates of people. Several causes of hazards to public relate to design of infrastructure such as toilets without / inadequate water supply are predisposed to poor sanitation and hygiene; buildings without provisions for fire prevention or enough ventilation are risks to users. Lack of periodic maintenance of drains creates breeding grounds for water-borne vectors of diseases such as malaria mosquitoes and birhazhia snails and water-borne infections. Mitigation measures: the design and implementation process take into consideration traffic management, best construction site practices, health risks that are prevalent in the project area (e.g. guinea worm, malaria, meningitis, cholera etc.). Occupational Health and Safety Risks Table 3presents some potential risks for labourers caused by exposure or negligence during subproject implementation. 48 Table 3: Summary of potential risks to workers Sub-project aspect / activity Potential Risk Exposure to dust, noise Disturbances / nuisance and discomfort Using sharp objects, falling objects, Serious injuries working in high structures Exposure to water-borne infections from Poisoning, loss of life food, drinking water Exposure to sun/heat Sickness and ill-health (reduced manpower) Negligence due to fatigue / loss of Loss of production time morale Loss of property Mitigation measures in the ESMF and later adopted in subproject ESMP include measures for managing air and noise pollution; and safety measures and procedures are adequate and correctly implemented, particularly with regards to work procedures, equipment, and materials and use of Personal Protective Equipment (PPE). Risks to Sub-project from Natural Factors and Processes Natural factors and processes on site, in near vicinity or catchment areas could be external factors that pose risks on the developed infrastructure or sub-projects (Table 4). Table 4Summary of potential risks to project due to natural factors Natural process / aspect Potential risk Extremes of climatic elements: winds, rains, - Damage of project structures storms, hurricanes, lightening - Disruption of project operations and schedules - Injuries and fatalities to project personnel Topography of the area: steep terrain cause working on the site or visitors. erosion, stone dislodging, landslides; low terrain cause flooding. Surface drainage (streams, rivers) close to Damage of project structures or cutting across subproject Discharges into project site Storm water drainage – causing flooding and Water stagnation / flooding of project site overflows. Height of hydro-geological conditions: high water table causing floods Soil movements (soil erosion) Damage to project structures Geology: seismic activities (earthquakes etc.) Mitigation measures in the ESMF and later adopted in subproject ESMP include risk assessment to determine conformity of sub-project in terms of: compatibility and timing of construction works. Risks from Neighbouring Anthropogenic Activities These are anthropogenic activities and other external socio-economic factors on project site, in near vicinity that might affect the subproject (Table 5). 49 Table 5Summary of potential risks to project due to neighbouring socio-economic factors Socio-economic aspect / Potential Risk to Project activity Land disturbances vibrations due Destruction of infrastructure or subproject area to bulldozing during road Conflicts related to restricted access construction Occupation, economic and social Theft of materials and portable items with ready-made status of nearby residences market or for home use. Security condition in Vandalism of structures / equipment Theft of materials and neighbourhood to the project site portable items with ready-made market or for home use. Mitigation actions in the ESMF and later adopted in subproject ESMP include risk assessment to determine conformity of sub-project in terms of compatibility / co- existence of project within the neighboring community and general public. 5.2 Physical Cultural Resources In this ESMF the term “physical cultural resources� includes sites having archaeological (prehistoric), paleontological, historical, religious, and heritage building sand unique natural values. It thus includes both remains left by previous human inhabitants (e.g. midden8, shrines and battlegrounds) and unique natural environmental features such as canyons and waterfalls. Urban areas are endowed with ruins, ancient/historical structures, archaeological sites and “sacred� forests and graveyard. Impacts of the construction activities on the cultural and natural heritage include physical damage removal, demolition, restricting access by civil works. Mitigation measures: when during screening (ESMF checklist) it is determined that there is a possibility that subproject construction or other activities may result in damage to cultural resources; the following are procedures for avoiding such damage:  Consultations with the appropriate national authorities (Division of Antiquities at the Ministry of Natural Resources and Tourism), section at ULGA dealing with culture and local inhabitants to identify known or possible sites during subproject planning;  Siting of subprojects to avoid identified sites; and  Construction contract procedures for dealing with “chance finds�. These procedures should include cessation of work until the significance of a “find� has been determined by the appropriate authorities and local inhabitants, and until fitting treatment of the site has been determined and carried out. 5.3 Preparation of Subproject ESMP 8 Midden- archaeological term for a mound or deposit that indicates the site of a human settlement 50 Where explicit impacts mitigation measures are required for a sub-project an ESMP is required. ESIA Consultant will prepare subproject ESMP for each subproject as a basis for development of overall ESMP for each Participating LGA and CDA). The basic elements of an ESMP (consolidated in an ESMP matrix as the sample below Table 6) are:  A description of the possible adverse effects that the ESMP is intended to deal with;  A description of planned mitigation measures, and how and when they will be implemented;  A program for monitoring the environmental effects of the project -- both positive and negative;  A description of who will be responsible for implementing the ESMP; and  A cost estimate and source of funds. Table 6SampleSub-projectEnvironmental Management Plan Programme Anticipated Mitigation Monitoring Responsibility Schedule Cost and activity / Effect Measure(s) Parameter Source of aspect Funds Oily Possible Construct Inspect channel LGA Construction Included discharges contaminati drainage construction Engineering period in project in runoffs / on of channels to Department; BOQ wash down natural divert EMO waters from water cleaning / vehicle bodies runoff water parking (lake, sea, Check condition EMO; Ongoing Nil area river, of drainage LGA wetland channel Environment etc.) Committee Oily water Inspect oil traps EMO; Construction Included collected in construction period in project oil traps BOQ Check efficiency EMO; Ongoing Nil of oil traps LGA Engineering Department Proper Cement Ongoing Nil collection manufactures, and use of wood treatment waste oils etc. Early Check water EMO; Every 6 $100 a warning of quality at potential LGA months until year -- reduced points of Engineering effectiveness EMO water quality discharge into Department of mitigation water body measures is proven 51 5.4 Public Consultation and Disclosure Public consultations are a requirement in the national EIA regulations during the scoping and review stages. This requirement also supports the existing participatory planning process at LGAs that is exercised during sub projects identification. Furthermore different stakeholders are already directly involved in the whole TSCP project cycle right from the design, to implementation and monitoring. The first step is to conduct consultations with the local communities and all other interested/affected parties during the screening process for identification of subproject components/ activities likely to cause impacts. These consultations should identify key issues and determine how the concerns of all parties will be addressed in the terms of reference for the environmental assessment works / ESIA. To facilitate meaningful consultations, the ESIA Consultants supported by LGA Project Team (EMO and CDO) will provide all relevant materials and information concerning the infrastructure projects in a timely manner prior to the consultation, in a form and language that are understandable and accessible to the groups being consulted. Depending on the public interest in the potential impacts of the sub projects, a public hearing may be requested to better convey concerns. Box 3 EIA Regulation requirements on public disclosure  Publicizing the proposed project and its anticipated effects and benefits by-  Posting posters in strategic public places in the vicinity of the project site;  Publishing a notice on the project in mass media newspaper, radio  Making an announcement of the notice in both Kiswahili and English languages  Hold (where appropriate), public meetings with affected parties and communities to o Explain the project and its effects, and to receive their oral or written comments; o Ensure appropriate notices are sent out at least one week prior to the meetings o Venue and times of the meetings are convenient for the affected communities and the other concerned parties Once the infrastructure project has been reviewed and cleared by NEMC and the respective Council Environmental Management Officer, the LGA Project Team will inform the public about the results of the review. The Project Team in collaboration with the “Mtaa� Governments will be responsible for disclosing the findings and recommendations of the environmental and social screening and review process to the Ward Development Committee (WDC). The Project Team will be responsible for taking the minutes of the public disclosure meeting and will produce and distribute copies of the minutes to offices at the Municipal Councils, Ward and Mtaa Governments and other interested/affected parties (community representatives, NGOs, political/religious, and other civil societies in the community. A summary of the outcome of this public disclosure meeting will be posted at appropriate places. 52 Any affected or interested individual or group has the right of appeal, if dissatisfied with the decision reached at any stage in the EIA process. The appeals process will be according to the National Environment Management Act, 2004. To ensure that an appropriate public consultation mechanism is developed:  The environmental and social screening process outlined in the ESMF includes such a requirement;  Development of individual infrastructure project ESMP (if required) and RAP include such a requirement;  Once the infrastructure project activities have been reviewed and cleared by NEMC/respective councils, the infrastructure Project Team will inform the public about the results of the review.  PMO-RALG Project Team will undertake both compliance monitoring and effects monitoring throughout the infrastructure project cycle.  The executive summaries of the ESMF and RPF will be translated into Kiswahili by the PMO-RALG and copies in English and Kiswahili would be available at the following locations: o Information centre of the National Environmental Management Council; o Offices of PMO-RALG o Offices of the Municipal Director in respective Municipality / City o Offices of the Ward Executive Director (WEO) and Mtaa Executive Officer (MEO) with an infrastructure project under the TSCP o InfoShop of the World Bank. 53 6 CAPACITY BUILDING, TRAINING AND TECHNICAL ASSISTANCE 6.1 Institutional Capacity Assessment A rapid assessment of the existing institutional arrangement and capacity for the Participating urban LGAs to implement the ESMF focused on the adequacy of institutions at local, municipal, regional, national levels to undertake sub-project design, planning, approval and implementation work and specifically to carry out their ESMF responsibilities. Assessment focused on the adequacy of and recommendations on: institutional structure; existing laws, policies and regulations; and resources for environmental and social management. 6.1.1 Institutional Structure for Environmental and Social Management Project implementation is mainstreamed at all levels utilizing existing staffing structure and government systems. The LGA Project Teams are responsible for subproject implementation including safeguards requirements. PMO - RALG provide overall coordination and technical support to local Project Management Team including necessary link with national safeguard authorities (i.e. NEMC, Ministry of Lands). Subproject ESIA reports and RAPs once cleared by the national authorities are fed back to Municipal Council and the subproject ESMPs to guide implementation and monitoring by Council Teams, EMOs, Construction supervision Consultants and Contractors. However contrary to the linkages in the national institutional structure propagated by EMA, decision making powers for environmental and social oriented authorization of planned projects have not been properly devolved to the LGA. The link and support from national zonal and regional authorities vested with responsibility to support LGAs to address environmental and social management issues have not been effective. This results in the implementation of projects and/or their ESMPs (where incorporated) not being systematically monitored and LGAs not having a clear role nor resources to monitor and manage environmental and social aspects of projects in their jurisdictions. At the Municipal Council level, environmental and social management is not yet a priority sector, the roles are delegated to different functional departments.EMO)9not being part of the Council Management Team (CMT) has little powers for decision making or inter-sector coordination. Similarly Ward and Sub-ward Environment Management Committees are not linked to EMOs or LGA Project Teams. Resettlement structure seems to be robust with RAP Teams and Grievance Committees in place and functioning although representation of Project Affected Persons (PAPs) in both entities is unfortunately missing. 9 Depending on level of the Participating LGA: same as DEMO in Districts hence Municipal (MEMO), City (CEMO) depending on level of the Participating LGA 54 Institutional overlap of sector responsibilities is a contentious issue as there is no clear interagency coordination to resolve environmental and resettlement issues that arise e.g. in situations where several authorities have legal rights of use of one location i.e. road wayleave used by different road authorities (national, regional, municipal), sewerage, communications, electricity, gas and water supply authorities. 6.1.2 Existing Policies, Laws and Regulations for Environmental and Social Management A range of national environmental assessment and management policies, acts and regulations i.e. for administering permits and licenses such as permit for using land, natural resources in general and protected areas, for undertaking physical works, withdrawing water, extraction of construction minerals, discharging wastes etc. are known and in use at LGA level. With this framework LGAs are able to (a limited extent) ensure correct environmental and social management during planning and implementation of infrastructure sub-projects and in LGA’s operations and maintenance at large. At subproject level LGA use several concurrent management practices for environmental and social management mostly in the form of frameworks and checklists (especially those promulgated by the World Bank). This practice has not attributed to the legacy, but, rather a good practice, in the authorization of environmental and social activities of various projects incoherent with the devolvement of powers to LGAs. However, Municipal by – laws (meant to translate nation laws and regulations) are outdated; communities complain about some of the environmental and social management practices such as long delays in compensation payments (way beyond period prescribed by law) once valuations of land and properties have been done; and lack of maintenance of completed infrastructure e.g. clogged storm water drains etc. 6.1.3 Human Resource Capacity The experience and capacity for environmental and social management supervision exist at PMO-RALG augmented by the links the ministry has established with national environmental and land management authorities i.e. inclusion of Vice President's Office (NEMC and Division of Environment) and Ministry of Lands in TSCP steering and technical committees. Similarly, among some of the key technical staff at LGA level (Environmental Management Officers, Land Officers) to enforce many of the policy and legal requirements. However, there are only few such qualified staff per LGA. Civil works are supervised by engineers with little / no backstopping by environmental, land or community development officers/coordinators. Most staff, members of municipal, ward and local management committees and contractors operating locally are not well conversant with the principles and practices of sound and responsible social and environmental management and are lacking the necessary capacity for compliance with requirements of the policies and acts. Particularly, most have little sound experience and knowhow in carrying out ESIAs and, handling of environmental compliance, monitoring 55 and auditing of infrastructure projects i.e. good site practices, health, safety and security measures. The infrastructure sub-projects that the LGA staffs has so far supervised were found to lack some of the key environmental services e.g. storm water management (harvesting & drainage systems), proper solid waste collection and disposal, and enforcement of use of Personal Protective Equipment etc. The NEMC has a training of trainer’s manuals for District level Environmental Impact Assessment, the training have only been delivered to only 3 out of the 8 LGAs covered by TSCP. 6.1.4 Budgetary Resources to Support the Staff in Their Work Lack of or little budgetary resources to support the staff in their work is the main cause of lack of or low knowledge and experience relevant to carry out environmental analyses and designing mitigation measures for TSCP infrastructure. A special window by TSCP (through Component 1 and Component 2) to support environmental and social management capacities and Contractor costing and including (in BoQs) of safeguard measures are good practices that will ensure project sustainability. 6.1.5 Recommendation: Institutional Development Plan It is thus highly recommended to Urban LGAs to develop and implement budgets for Institutional Development Plans designed to facilitate apply the ESMF recommendations:  Local ownership of environmental and social assessment process leading to LGA specific environmental and social management system being propagated under the Urban Local Government Strengthening Programme (ULGSP);  Coordination and linkages – between and across sectors, with other infrastructure development initiatives; and up and down management levels;  Undertake revisions for compliance with requirements of policies, regulations, administrative procedures and inculcate in local By-laws;  Increase number and qualifications of staff (Heads of Department, Councillors’ Committees, Local Management Committees and external Contractors) to carry out environmental / ESMP responsibilities and create a dedicated section (not one person) managing environmental and social issues. 6.2 TRAINING This refers to training needs and plan for the various participants involved in implementing the ESMF / subproject ESMP based, in part, on the institutional assessment described above. 6.2.1 Training Objectives The objective of the training under the ESMF is to:  Support staff of the various LGA sector departments and sections relevant to infrastructure and subproject areas supported under TSCP to prioritize their needs, 56 and to identify, prepare, implement and manage the environmental and social aspects of their subprojects;  Ensure that LGA environment management officers and community development officers have the capacity to assist sector departments in preparing their subproject proposals, and to appraise, approve and supervise the implementation of subprojects; and  Strengthen local service providers to provide technical support (including basic EMPS) to LGA management teams in preparing their subprojects.  Ensure local leaders and influential persons responsible for coordination and linking various levels have the tools for conflict resolution and good governance for environmental and social management. 6.2.2 Training Needs Assessment (TNA) As part of TSCP Additional Financing implementation a training needs assessment (TNA) and training effectiveness be carried out in the urban LGAs covered by TSCP. The TNA will consider all participants (TSCP Regional Coordinators, LGA staff, representatives and community leaders, management committees and groups and service providers who will have responsibilities for implementing the ESMP. The needs assessment will distinguish among their different skills development / training needs in terms of:  Awareness-raising for influential persons, representatives and community leaders who need to appreciate the significance or relevance of environmental and social issues.  Sensitisation to the issues for participants who need to be familiar enough with the issues that they can make informed and specific requests for technical assistance; and  Detailed technical training for LGA Management Teams who will need to analyze potentially adverse environmental and social impacts, to prescribe mitigation approaches and measures, and to prepare and supervise the implementation of management plans. (including community participation methods; environmental analysis; using the ESMP checklist; preparing EMPs etc.; ESMP reporting; and subproject supervision and monitoring. It is proposed that NEMC or experienced national private or public environmental and social practitioners carry out environmental management/EIA needs assessments. 6.2.3 Training Plan The priced training plan is integrated into planned TSCP institutional capacity building components. The plan:  Distinguish among the various participants (e.g. government officials, community leaders and representatives), and between their needs for general awareness building and more specific training. 57  Address initial training needs, follow-on analyses of training effectiveness and further or “refresher� training. Include mechanisms for periodically bringing trainees together to examine the need for and design of additional training.  An outline of the schedule for such a training plan.  Detailed agenda and specification of resource needs including venue, trainers, materials, etc. for each type of training activity.  Consideration of a training-of-trainers (TOT) component in the training plan as appropriate. NEMC EIA Training programme for Districts developed since 2000, in conjunction with the ULGSP Environmental and Social Assessment and Management Manual be used in developing tailor-made courses that incorporate aspects proposed in this ESMF for the TSCP Additional Financing. In collaboration with the NEMC, the LGAs support this training in the skills in environmental and social mitigation planning and management. Technical training of designated staff in environmental management/EIA The current staff in respective LGA departments i.e. sector specialists who will be responsible for preparation of subprojects proposals, staff designated as EMO, and Community Development Officers and Land Officers who coordinate resettlement planning will receive environmental and social training in the form of Training of Trainers (TOT) that will enable them appraise and approve subprojects and advice on issues related to environmental management, including supervision and monitoring. Later on, these staff could train other staff within the implementing LGAs as necessary. Other EIA training topics would include an overview of environmental and social issues within the urban LGAs / sectors; introduction to ESIA processes, methods for impact identification, analysis and mitigation (management and action plans: ESMP and RAP) ; ESIA review and the role of the public and stakeholders; practical EIA experience in Tanzania; and case studies. The training would take the form of one weeks (5/6 working days) long training workshop, based on the proposed training below. This level of training could be provided by more experienced private or public environmental practitioners operating at national / international levels. Proposed Training Program for Designated LGA Staff Topic/Subject Duration Introductory brief (Opening session) Definitions (environment, components of the environment, environmental management) What Environment Management Tools (EMT) are available in use in Tanzania & universal Setting Environmental and Social Assessment Management system, procedures, process specific for LGA Environmental and social assessment process 3 days 58 Topic/Subject Duration Screening process: how to identify projects/ components and activities likely to cause impacts (screening list, and the kind of criteria for use in this regard). Preparation of scope (terms of reference) for carrying out ESIA Defining valued environmental and social receptors (indicators) in the existing environmental and social conditions Identification and evaluation of impacts: direct, indirect/secondary, cumulative and methods to use and significance criteria etc. Design of appropriate mitigation and monitoring measures [ESMP/RAP] How to review/approve an ESIA report and associated ESMPs / RAP: conformity list, and the kind of criteria for use in this regard How to incorporate ESMP in project designs and in construction contract documents How to review and approve overall project proposals The importance of public consultations in the EIA process How to monitor and report project implementation Case studies Environmental and social requirements (policies, legislation, procedures and sectoral 2 days guidelines) & institutional frameworks Review and discussion of Tanzania’s environmental and social requirements Review and discussion of the World Bank safeguards policies requirements Review and discussion of specific sectoral guidelines relevant for infrastructure development How to collaboration with institutions at the local, regional and national levels. e.g. NEMC, Ministry of Lands Selected topics on environmental components and conservation and social issues 1 day relevant to urban LGAs How to make environmental and social profiles of a specific urban area Environmental degradation e.g. land degradation (soil erosion), depletion of natural resources Environmental pollution e.g. air quality, water quality, soil quality Management of waste including handling of hazardous materials. Flood protection/control Ground and surface water management Land and property valuation and compensation Awareness /Sensitization for entities relevant/responsible for review/approve of sub- projects Training/awareness creation workshops for participants vested with the responsibility of endorsing/approving infrastructure development projects under the TSCP. The workshops disaggregated for:  Higher level participants: Regional Coordinators / Influential persons (RC/RAS/MPs), Council Executive Directors, Council Coordinators / Influential persons (DC / Councillors of respective wards), Council Committees (on environment, health, resettlement) and affected public roads and utility authorities;  Lower level participants (Ward and Sub-Ward Executive Officers, WDC, and Local Management Committees. Objective is participants appreciate significance or relevance of environmental and social issues. Subjects covered could include but not limited to the following: 59  Main environmental and social problems /challenges and issues within the sectors ( infrastructure construction and operation)  Environmental and social assessment and management context : relevant policies, regulations and procedures  Review of environmental and social screening and assessment process  How to screening projects; appraise and approve ESIAs, ESMP and overall project proposals; and supervise the implementation of subprojects. 6.3 Retooling and Technical Assistance Technical assistance from more experienced environmental practitioners (from the National Environment Management Council for example) be obtained to “mentor� the designated staff and other relevant/responsible people to support them in building experience. Local government authorities do not have the requisite capacity and knowledge for implementing the EIA process and supporting the project implementing institutions. Similarly, the capacity in the Contractors and design firms and other service providers and is nonexistent or very minimal. NEMC in collaboration with the project implementers, LGAs will identify and train individuals who will be involved in the implementation of civil works be to enhance their ability to mainstream environmental and social aspects in infrastructure project planning/designing and implementation. 60 7 ESMF IMPLEMENTATION PLAN AND BUDGET A summary Environmental Management Plan (ESMP) has been prepared as Annex 6. This summary EMP captures activities on capacity building for environmental and social management within the project implementing entities described earlier in this ESMF. Key items in the ESMP and costs related to ESMF implementation include: institutional development activities, training program, technical assistance, allowances for the review and approval of subproject management plans and annual reviews. In this regard, the PMO-RALG Project Team will play a guiding role. Summary of cost estimates for capacity building are in the Table7. 7.1 Institutional Development Cost estimates are for meetings to familiarize for adoption of the adoption of the LGA specific environmental and social management system under the Urban Local Government Strengthening Programme (ULGSP) and meeting for revisions and update of local By-laws. 7.2 TRAINING 7.2.1 Training Needs Assessment (TNA) Cost estimates are for payment in the form of consultancy services to private or public environmental and social practitioners. The estimated costs for these needs assessments are to cover all 8 LGAs and CDA. 7.2.2 Technical Training of Designated Staff in Environmental Management/EIA About 100 designated staff from the implementing LGAs will be trained (7 – 10) from each of 9 LGA / CDA). This could include sub-project sector specialists (i.e. Municipal Engineer), EMO and staff from departments responsible Social planning/Community Development, Economic Planning, Urban Planning, Land and Health. This training would be provided in the form of two 5-day courses, with about 45 / 50 participants each. Cost for each course would include: per diem, food, transport, accommodation, conference hall, incidentals for participants, trainers and support persons. 7.2.3 Workshop for Decision Makers About 40 people from each LGA will participate in the workshop. This will be a one/two days workshop costing include: per diem, food, transport, accommodation, conference hall, incidentals for participants, resource persons and support person). 61 7.3 PREPARATION OF ESIAs / ESMPs / RAP At the moment, 8 Participating LGAs are EIA Certificate holders for previous ESIAs of completed TSCP subprojects. At least 8 environmental assessment work to supplement approved EISs and update ESMPs will be carried out. However, it is not known at this time where (exact location) and how many of the subprojects proposed for additional financing will be screened by NEMC and determined to require specific Preliminary Environmental Assessment or a more detailed full-scale ESIA. The supplement assessment work and update of ESMP will be undertaken by private certified environmental and social practitioners (individuals or firms). 62 Table 7ESMF Implementation Budget (‘000s) Activity/ years 1 2 3 4 5 Institutional Development Policy workshops 30 30 Regulatory and administrative changes 20 20 Training Training Needs Asseesment 180 180 LG Review and Approval Authorities: Training and sensitization 100 100 Eight 4-day workshops in Year 1 ESMF Review Workshops 20 20 20 20 80 Eight 1-day workshops in Years 2-5 Refresher Workshops 20 20 20 60 Eight 2-day workshops in Years 2-4 Project Teams Training and Sensitization 250 250 Eight 5-day workshops in Year 1 ESMF Review Workshops 80 80 80 80 320 Eight 1-day workshops in Years 2-5 (with LGs) Refresher Workshops 20 20 20 60 Eight 2-day workshops in Years 2-4 Community Leaders Awareness Raising and 20 20 20 20 80 Ten 1-day workshops in Years 1-4 Sensitization Technical Assistance General TA 24 24 24 24 24 120 10 days/mo @ $200/day including expenses Specific TA 50 50 50 50 50 250 50 days/yr @ $200/day Including expenses Subproject EMPs, RAPs, etc. Environmental Management Plans 12 12 12 12 12 60 60 days/yr @ $200/day including expenses Resettlement Action Plans 12 12 12 12 12 60 60 days/yr @ $200/day including expenses Annual Reviews 8 8 8 8 8 40 40 days/yr @ $200/day including expenses TOTAL 706 266 266 266 206 1710 63 64 8 BIBLIOGRAPHY URT, (1956), The Town and County Planning Ordinance, Cap.378 of 1956, URT, (1967), The Land Acquisition Act No 47 of 1967 URT, (1977), The Constitution of the United Republic of Tanzania URT, (1982), The Local Government Act (District and Urban Authorities of 1982) URT, (1996), The National Land Policy URT, (1997), The National Environmental Policy URT, (1999), The National Land Act, Cap 113 URT, (1999), The Tanzania Development Vision 2025 URT, (2000), The National Poverty Eradication Strategy URT, (2001), The Land Act No. 4 Regulations 2001 subsidiary Legislation URT, (2003), The Environmental and Social Management Framework and Resettlement Policy Framework for the Local Government Support Programme (LGSP), 2003. URT, (2011) Urban Local Government Strengthening Program: Technical Manual For Environmental And Social Management In Urban Local Government Authorities. URT, (2004), The Environment Management Act Cap 191 of 2004 URT, (2004), The Public Procurement Act 2004 URT, (2005), The National Strategy for Growth and Reduction of Poverty (NSGRP), URT, (2002), The Land (Assessment of the Value of Land for Compensation) Regulations, 2001 URT, (2002), The Land Disputes Court Act. 2002 (Act N0.2 of 2002) URT, (2007), The Land Use Planning Act of 2007 URT, (2007), The Urban Planning Act of 2007 World Bank (2004), Involuntary Resettlement Policy OP 4.12 (Revised April 2004) World Bank (2010), Project Appraisal Document For a Tanzania Strategic Cities Project, April 30, 2010 65 ANNEXES Annex 1: Summary of Issues and Concerns Raised by Stakeholders TANGA Date Person/Institution Issues Discussed Response /Comments Consulted 17/02/2014 Acting City Director  Project briefing  The Municipal is aware of the  Purpose of visit i.e. project preparing ESMF/RPF and EIA/RAP reports  Share past experience of TSCP Phase 1 City Engineer  Project briefing  Misconception by local 17/02/2014  Purpose of visit leaders on the budget  Share past allocated for project experience of TSCP implementation Phase 1  Lack of proper coordination with other institutions could lead to unnecessary cost to the project Conclusion  Need for transparency of TSCP funds  Need for stakeholder involvement and participation in project cycle 66 Date Person/Institution Issues Discussed Response /Comments Consulted  SWOT analysis  Prioritization/site selection is 18/02/2014 TSCP/ CMT Team  Collecting ESMF challenging as there are many members information through needs within the LGA project cycle  Mechanisms to handle (environmental and grievance issues exist within social management) the Municipal and there have been no complaints for the previous projects  The Planning Department is the relevant organ to handle prioritization of projects within the LGAs  A major challenge for LGA projects is resources to implement RAPs in urban areas; the compensation costs may be high compared to the value of the project considering that WB procedures should be followed  Some of the CMT members that form the TSCP group are not involved in the initial stages of the project Conclusion  All TSCP/CMT should be involved in the project cycle  Project briefing  Involvement of other inter- 18/02/2014 TANROADS, Tanga  Share past agency institutions is still a Regional Manager experience of TSCP challenge in implementing Phase 1 LGA projects  Recommendation  There is need for better inter- on possible project agency coordination in the improvements infrastructure sector to avoid overlap of similar projects at one site/area  Other stakeholders should be involved in the initial stages of the project, i.e. from project design Senior Technician  Project briefing  Need for stakeholder 19/02/2014 Tanga Airport  Sharing of consultations in project Authority, Tanga experience of TSCP implementation. This will phase 1 ensure smooth project Civil Aviation  Recommendation implementation and Manager, Tanga on possible project accommodating plans from Airport improvements other institutions  Conditions of other institutions that are within project impact areas requirements should be accommodated in projects 67 Date Person/Institution Issues Discussed Response /Comments Consulted (for instance aviation safety requirements) Principal Engineer,  Project briefing  Transmission/distribution lines 19/02/2014 TANESCO Tanga  Share experience of are TANESCO properties and Region Office TSCP Phase 1 have been acquired in  Recommendation accordance with relevant on possible project policies and laws improvements  In case of any interference, developer needs to write a letter to TANESCO requesting relocation of the existing transmission line  The applicant will be responsible for incurring all costs associated with relocation of transmission/distribution lines and relocation will be conducted by TANESCO experts  It is important to involve TANESCO at the initial stage, so that relocation is done prior to engaging contractor to the site; this will minimize inconvenience to various stakeholders Conclusion  Proper procedures and involvement of TANESCO should be adhered before any new development/project implementation with impacts on TANESCO infrastructures Duga WDC  Introduction of the  Leaders and members of the 19/02/2014 project society are not involved in any  Discussion on process of the project general  There is no committee environmental and responsible for grievance social issues follow-up and compensation  Discussion on the issues likely project  HIV/AIDS, other diseases and impacts and social problems are to be mitigation measures taken into consideration  Discussion of during project implementation valuation and  The project should provide compensation employment for local procedures communities during the  Collection of construction phase environmental and Conclusion socio-economic  Involving leaders and data community members in 68 Date Person/Institution Issues Discussed Response /Comments Consulted project cycle  There should be a committee responsible for grievances at the local level  Seminar/education about HIV/AIDS and other STDs should be provided to the contractors and local community during project implementation Mwanzange  Introduction of the  Valuation has been done but 20/02/2014 Community project compensation has been  Discussion on delayed general  For impacts on graves, it is environmental and important for the MC to find social issues alternative land to relocate the  Discussion on the graves likely project  The compensation rates impacts and should be updated as the mitigation measures valuation is out-dated  Discussion of  Local religious institutions valuation and should be engaged in areas compensation where projects are affecting procedures graves  Collection of  The grievance committee environmental and should include project socio-economic affected persons and their data leaders Duga Community  Introduction of the  It is important for the LGAs to 20/02/2014 project share information on actual  Discussion on time of take-off of a project general  The process of compensation environmental and and formulas used to social issues ascertain compensation rates  Discussion on the is not known by local likely project residents impacts and  There is need for Government mitigation measures institutions to communicate  Discussion on about projects and their valuation and implementation to avoid compensation overlap of projects within one procedures area, as this creates  Collection of confusion environmental and  It is important for the socio-economic contractor to take safety data measures to ensure minimal impact of the project on local communities  Projects can increase HIV/AIDs infection rates  Local communities should be sensitised to take part in monitoring of project activities 69 Date Person/Institution Issues Discussed Response /Comments Consulted to minimise conflicts between contractor and communities Mwenzange Ward  Introduction of the  Local communities are aware 20/02/2014 Officials project of the project as valuation  Discussion on process has already been general conducted environmental and  The major challenge is social issues related to delays in  Discussion on the compensation payments likely project  The compensation rates impacts and should be updated to current mitigation measures values  Discussion of  If the project implementation valuation and schedule has been changed, compensation the community should be procedures informed  Collection of environmental and socio-economic data Water Network  Project briefing  Payments/compensation are 21/02/2012 Engineer, Tanga-  Share experience of not done before starting of UWASA TSCP Phase 1 projects, which increase cost  Recommendation and blames from customers on possible project when they do not get the improvements service  There is no coordination with other utilities especially at the initial stages of projects  Payment for compensation to relocate other utilities should be paid prior to project implementation in order to reduce compensation cost  Project implementation should involve other stakeholders in the project cycle to ensure minimal impacts on utility users (e.g. losing water) Tanga District  Roles in project  Coordination and perception 21/02/2014 Commissioner implementation of projects between LGA  SWOT analysis technicians and politicians is through project a major challenge in the cycle project cycle  Lack of proper coordination between central Government institutions and those of the LGAs could lead to double allocation of projects  Projects should involve various stakeholders during identification and prioritization 70 Date Person/Institution Issues Discussed Response /Comments Consulted of projects or site selection to avoid any confusion that may arise during construction phase  In most projects under TSCP, the financing is not sufficient to complete projects leading to delays in the LGAs benefiting from the project  Local communities can be sensitized to accept projects without significant compensation  Vandalism and mismanagement of infrastructure is a major challenge Conclusion  Local leaders and local communities should be held accountable of any vandalism of infrastructures within their localities  By-laws should be formulated to ensure various mitigation measures for TSCP projects are accommodated City Cleansing  Project briefing  It is important to consider a 21/02/2014 Officer  Share experience of budget for monitoring the TSCP Phase 1 infrastructures during the  Recommendation project's operations phase on possible project  Project design should ensure improvements that the project should not have negative environmental impact outside the project area, e.g. design of a storm water system 71 Date Person/Institution Issues Discussed Response /Comments Consulted City Environmental  Project briefing  More engagement is required 21/02/2014 Management Officer  Sharing of for LGAs especially in the EIA experience of TSCP process of sub-projects Phase 1  There should be resources  Recommendation set aside for supervision and on possible project monitoring of projects improvements especially during the construction and operation phases  A major challenge is resources for decommissioning of project activities such as rehabilitation of borrow pits; this should be accommodated  Most LGAs have inadequate facilities/equipment for waste management ARUSHA Date Person/Institution Issues Discussed Response /Comments Consulted 17/02/2014  Project briefing  Sector experts are involved at TSCP Coordinator  Purpose of visit i.e. initial stages of project Component 1 preparing preparation such as site (Road Engineer) ESMF/RPF and selection, design and EIA/RAP reports approval.  Share past experience of TSCP Phase 1 18/02/2014  Project briefing  The Arusha city is aware of Acting City Director  Purpose of visit i.e. the project preparing  Coordination of all sector ESMF/RPF and experts working on TSCP EIA/RAP reports project led to successful  Share past implementation of TSCP experience of TSCP Phase 1 Phase 1  SWOT analysis  Project identification 18/02/2014 TSCP/ CMT Team  Collecting ESMF  Ward office normally identifies members information through the project based on priority project cycle and needs at that particular TSCP Coordinator (environmental and moment.The issue is then (City Engineer) social management) brought to the council for the discussion in which sector Road Engineer. experts are also involved.  Land acquisition/land take Senior Valuation  In case there is land take Officer, Arusha 72 Date Person/Institution Issues Discussed Response /Comments Consulted City Community which would lead to Development Officer resettlement, the council has RAP committee chaired by City Environmental the land officer, the valuer Management Officer being the secretary. Other members of the committee TSCP Component II are CDO, Health officer, Ward Coordinator Executive Officer (WEO) and Mtaa Executive Officer (MEO). Councillor of respective ward also from part of the RAP committee.  Inter-agency coordination  In case land take involved demolition of electricity poles or water pipes, the institution involved will be informed on that matter to avoid misunderstanding and project delays.  Statutory and customary rights of owning land  Most of the people still have customary rights of owning lands while others have statutory rights  Design, construction and supervision of infrastructure projects  Designing of infrastructure projects is done by external consultant.  The role of LGA(sector experts) is to provide comments before final approval.  Construction is done by contractor and supervised by external consultant. LGA have project engineer to coordinate all matters related to the project on daily basis.  The TSCP component 1 coordinator indicated that  There is a challenge in addressing the comments provided by the LGA.  Another challenge is budget of which it affects designing.  The TSCP component 1 coordinator and city engineer admitted that the draft is only provided to the engineering 73 Date Person/Institution Issues Discussed Response /Comments Consulted department and not shared to other supporting departments such as community development, etc  Blocks access to people's residence or businesses during construction-this has been a challenge as there is no enough budgets or sometimes this item is not included in the BOQ.  Implementing ESMPs is a challenge because of budget which is merged into BOQ.  Sometimes The ESMP provided in the EIA reports does not have costing arrangements that indicates funds available to sector experts involved in monitoring phase of the project  Budget for RAP Team  RAP team is financed by the city fund. RAP does not have a specific budget, the funds comes from "Council contribution to the project" which amongst other things involve training, etc. The city engineer also stated that funding for "Council Contribution to the Project" is not given proper attention by the government.  There is need for the sector experts to be involved in the project cycle i.e. from project identification,construction,sup ervision, and monitoring of the project. 74 Date Person/Institution Issues Discussed Response /Comments Consulted  Introduction of the  The councillor is much aware 19/02/2014 Councillor, Sokon 1 project of the TSCP project Ward  Project Acceptability  The project is accepted by  Grievance communities and no one will Ward Executive Mechanism stop this development Officer, Sokon I  Valuation Exercise  All grievances related to compensation are dealt with Senior valuer at ward level before tabling at higher level(city council) Road Engineer  Introduction of the  City Environmental 27/02/2014 City Environmental project Management officer is very Management Officer,  Discussion on aware and conversant in all general issues related to EIA from environmental and screening stage up to social issues approval  Discussion on the  He is not registered as an EIA likely project expert but had already impacts and applied for the registration mitigation measures  For TSCP project, CEMO was  SWOT analysis involved in the team of monitoring only for the monitoring of impacts.  LGA environmental management officer need capacity building to conduct EIA  CEMO is consulted as stakeholder when external consultants conducts EIA at Arusha  CEMO cannot conduct EIA executed at Arusha city because he is involved in the review of the EIA projects.  His duties so far are; industrial inspections; water inspection and EIA and Audit adherence.  He was trained on monitoring and evaluation under TSCP component 1. Training was done at ESAMI. Challenges  There is no clear cut of responsibilities between 75 Date Person/Institution Issues Discussed Response /Comments Consulted Health Officer, Forest and Natural resource officer and Environmental management officer, they all perform the same functions  Lack of coordination between sector experts-information is not shared at right time. Health Officer  Introduction of the  He is very aware of the 27/02/2014 project project and he was involved  Discussion on in the project from the initial general stages environmental and  For the TSCP project he was social issues involved in safety measures  Discussion on the during design and likely project construction of storm water impacts and drainage and outlet of water mitigation measures to proper channel  SWOT analysis  Unga Limited is unplanned area hence collection of waste is difficult  They have built slabs (vizimba) for the collection of wastes before final disposal  They have been promised skip containers from the TSCP project  He has not done EIA but has been involved or consulted during EIA by external consultants  Challenges  Outsourced waste collection and disposal do not have proper equipments  By-law sometimes is not working 76 Date Person/Institution Issues Discussed Response /Comments Consulted TANESCO Regional  Project briefing  The Engineer is well-informed 27/02/2014 Manager, about World Bank projects  Views where both land owner and tenants need compensation  Prior information is needed between City council and TANESCO before using any way leave for the infrastructure project  Stressed the importance of inter-agency coordination before commencement of any project which would require using way leave. 77 Annex 2: Summary of World Bank Safeguard Policies OP/BP 4.01 The objective of this policy is to ensure that Bank-financed projects are Environmental environmentally sound and sustainable, and that decision-making is improved through Assessment appropriate analysis of actions and of their likely environmental impacts. This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts in its area of influence. Depending on the project, and nature of impacts a range of instruments can be used: EIA, environmental audit, hazard or risk assessment and environmental management plan (EMP).When a project is likely to have sectoral or regional impacts, sectoral or regional EA is required. The Borrower is responsible for carrying out the EA. Under TSCP - Additional Financing, the Borrower (government of URT) has prepared an Environmental and Social Management Framework (ESMF) which outlines the environmental and social screening process to be applied to infrastructure projects. The purpose of the screening process is to assess the impacts of future construction activities where the exact scope of investment activities and locations are not known at this time. OP/BP 4.04 This policy recognizes that the conservation of natural habitats is essential for long- Natural term sustainable development. The Bank, therefore, supports the protection, Habitats maintenance, and rehabilitation of natural habitats in its project financing, as well as policy dialogue and analytical work. The Bank supports, and expects the Borrowers to apply a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development. This policy is triggered by any project (including any infrastructure project under a sector investment or financial intermediary loan) with the potential to cause significant conversion (loss) or degradation of natural habitats whether directly (through construction) or indirectly (through human activities induced by the project). OP/BP 4.36 This policy focuses on the management, conservation, and sustainable development of Forests forest ecosystems and their associated resources. It applies to projects that may/may not have impacts on (a) health and quality of forests; (b) affect the rights and welfare of people and their level of dependence upon or interaction with forests and projects that aim to bring about changes in the management, protection, or utilization of natural forests or plantations, whether they are publicly, privately or communally owned. The Bank does not support the significant conversion or degradation of critical forest areas or related critical natural habitats. This policy is triggered by forest sector activities and other Bank sponsored interventions which have the potential to impact significantly upon forested areas. OP 4.09 Pest The objective of this policy is to promote the use of biological or environmental Management control methods and to reduce reliance on synthetic chemical pesticides. In Bank- financed agricultural operations, pest populations are normally controlled through Integrated Pest Management (IPM) approaches. In Bank-financed public health projects, the Bank supports controlling pests primarily through environmental methods. The policy further ensures that health and environmental hazards associated with pesticides are minimized. The procurement of pesticides in a Bank-financed project is 78 contingent on an assessment of the nature and degree of associated risk, taking into account the proposed use and the intended user. The policy is triggered if procurement of pesticides is envisaged (either directly through the project or indirectly through on-lending); if the project may affect pest management in a way that harm could be done, even though the project is not envisaged to procure pesticides. This includes projects that may lead to substantially increased pesticide use and subsequent increase in health and environmental risks; and projects that may maintain or expand present pest management practices that are unsustainable. OP/BP 4.11 This policy aims at assisting in the preservation of cultural property (sites that have Physical archaeological (prehistoric), paleontological, historical, religious, and unique natural Cultural values – this includes remains left by previous human inhabitants (such as middens, Resources shrines, and battlegrounds) and unique environmental features such as canyons and waterfalls), as well as in the protection and enhancement of cultural properties encountered in Bank-financed projects. This policy is triggered by projects which, prima facie, entail the risk of damaging cultural property (i.e. any project that includes large scale excavations, movement of earth, surficial environmental changes or demolition). Under TSCP - Additional Financing, the Borrower (government of URT) has prepared an Environmental and Social Management Framework (ESMF) which instruct a site specific ESIA process / Environmental and Social Management Plan to be applied to infrastructure projects development activities that might have negative impacts on Physical cultural resources. OP/BP 4.10 This policy aims at ensuring that the development process fosters full respect for the Indigenous dignity, human rights and cultural uniqueness of indigenous peoples; that they do not Peoples suffer adverse effects during the development process; and that indigenous peoples receive culturally compatible social and economic benefits. This policy is triggered if there are indigenous peoples in the project area; when potential adverse impacts on indigenous peoples are anticipated; and if indigenous peoples are among the intended beneficiaries. Under TSCP - Additional Financing, investment activities that might have negative impacts on indigenous peoples will not be funded. OP/BP 4.12 The objective of this policy is to avoid or minimize involuntary resettlement where Involuntary feasible, exploring all viable alternative project designs. Furthermore, it intends to Resettlement assist displaced persons in improving their former living standards; it encourages community participation in planning and implementing resettlement; and to provide assistance to affected people, regardless of the legality of title of land. This policy is triggered not only if physical relocation occurs, but also by any loss of land resulting in: relocation or loss of shelter; loss of assets or access to assets; loss of income sources or means of livelihood, whether or not the affected people must move to another location. Under TSCP - Additional Financing, a Resettlement Policy Framework (RPF) has been prepared which will serve as a guidance for infrastructure projects that involve land acquisition and compensation. 79 OP/BP 4.37 This policy focuses on new and existing dams. In the case of new dams, the policy Dams Security aims at ensuring that experienced and competent professionals design and supervise construction; the Borrower adopts and implements dam safety measures for the dam and associated works. In the case of existing dams, the policy ensures that any dam upon which the performance of the project relies is identified, a dam safety assessment is carried out, and necessary additional dam safety measures and remedial work are implemented. The policy also recommends the preparation of a generic dam safety analysis for small dams. This policy is triggered if the project involves the construction of a large dam (15 m or higher) or a high hazard dam; if a project is dependent on an existing dam, or a dam under construction. For small dams, generic dam safety measures designed by qualified engineers are usually adequate. OP/BP 7.50 The objective of this policy is to ensure that Bank-financed projects affecting Projects international waterways would not affect: (i) relations between the Bank and its Implemented Borrowers and between states (whether members of the Bank or not); and (ii) the on efficient utilization and protection of international waterways International This policy is triggered if any river, canal, lark or similar body of water that forms a Waterways boundary between, or any river or body of surface water that flows through two or more states; any tributary; or any bay, gulf straight or channel bounded by two or more states which are affected. OP 7.60 This policy ensures that projects in disputed areas are dealt with at the earliest possible Projects in stage: (a) so as not to affect relations between the Bank and its member countries; (b) Located in so as not to affect relations between the Borrower and neighbouring countries or other Contentious claimants; and (c) so as not to prejudice the position of either the Bank or the countries Zones concerned. This policy will be triggered if the proposed project will be in a “disputed area�; if the Borrower(s) is/are involved in any disputes over an area with any of its neighbours; and if there is a chance that any component or sub-component financed or likely to be financed as part of the project is situated in a disputed area. 80 Annex 3: Sample Checklist for Environmental and Social Screening ENVIRONMENTAL AND SOCIAL SCREENING FORM [Sample] The Environmental and Social Screening Form (ESSF) has been designed to assist in the evaluation of infrastructure projects under the TSCP Additional Financing. The form is designed to place information in the hands of implementers so that impacts and their mitigation measures, if any, can be identified and/or that requirements for further environmental analysis be determined. The ESSF contains information that will allow project planners to determine the characterization of the prevailing local bio-physical and social environment with the aim to assess the potential infrastructure project impacts on it. The ESSF will also identify potential socio-economic impacts that will require mitigation measures and/or resettlement and compensation. Name of infrastructure project……………………………………………………. Implementing Institution (Participating Urban LGA) ……………………………… Name of the Mtaa/Ward/Town/ /Municipality/City in which the infrastructure project is to be implemented……………………………………………… Name of Executing Agent/Contractor…………………………………………… Name of the Supervising Agent ………………………………………… Name, job title, and contact details of the person responsible for filling out this ESSF: Name: ……………………………………………………………………….. Job title:……………………………………………………………………… Telephone numbers:……………………………; ……………………….. Fax Number: E-mail address Date: Signature:…………………………………………… 81 PART A: BRIEF DESCRIPTION OF SUB - PROJECT Please provide information on the type and scale of the infrastructure project (area, required land, approximate size of total building floor area). Provide information about actions needed during the construction of structures including support/ancillary structures and activities required to build it, e.g. need to quarry or excavate borrow materials, laying pipes/lines to connect to energy or water source, access road etc. Describe how the infrastructure project will operate including support/activities and resources required to operate it e.g. roads, disposal site, water supply, energy requirement, human resource etc. PART B: BRIEF DESCRIPTION OF THE ENVIRONMENTAL SITUATION AND IDENTIFICATION OF ENVIRONMENTAL AND SOCIAL IMPACTS Describe the infrastructure location, siting, surroundings (include a map, even a sketch map) ________________________________________________________________________ Describe the land formation, topography, vegetation in/adjacent to the project area ________________________________________________________________________ ________________________________________________________________________ Estimate and indicate where vegetation might need to be cleared. ________________________________________________________________________ ________________________________________________________________________ Environmentally sensitive areas or threatened species Are there any environmentally sensitive areas or threatened species (specify below) that could be adversely affected by the project? Intact natural forests: Yes __________No ___________ Riverine forest: Yes ______________ No ___________ Surface water courses, natural springs Yes ______________ No ___________ Wetlands (lakes, rivers, swamp, seasonally inundated areas) Yes ________No ______ How far is the nearest wetland (lakes, rivers, seasonally inundated areas, sea)? ______________________ km. Area of high biodiversity: Yes ___________ No ___________ 82 Habitats of endangered/ threatened, or rare species for which protection is required under Tanzania national law/local law and/or international agreements. Yes ___________ No __________ Others (describe)…………. Yes ____________ No ______________ Rivers, Lakes and Marine Ecology Is there a possibility that, due to construction and operation of the project, the river and lake ecology will be adversely affected? Attention should be paid to water quality and quantity; the nature, productivity and use of aquatic habitats, and variations of these over time. Yes ______________ No ______________ Protected areas Does the project area (or components of the project) occur within/adjacent to any protected areas designated by government (national park, national reserve, world heritage site etc.) Yes _________ No ____________ If “YES�, Natural Habitats (OP 4.04) is triggered. Carry out EIA for appropriate mitigation measure to be taken. If the project is outside of, but close to, any protected area, is it likely to adversely affect the ecology within the protected area areas (e.g. interference with the migration routes of mammals or birds). Yes __________ No ____________ Geology and Soils Based upon visual inspection or available literature, are there areas of possible geologic or soil instability (prone to: soil erosion, landslide, subsidence, earthquake etc)? Yes ____________ No ____________ Based upon visual inspection or available literature, are there areas that have risks of large scale increase in soil salinity? Yes _____________ No _____________ Based upon visual inspection or available literature, are there areas prone to floods, poorly drained, low-lying, or in a depression or block run-off water 83 Yes _____________ No _____________ Contamination and Pollution Hazards Is there a possibility that the project will be at risks of contamination and pollution hazards (from latrines, dumpsite, industrial discharges etc) Yes _____________ No _____________ Landscape/aesthetics Is there a possibility that the project will adversely affect the aesthetic attractiveness of the local landscape? Yes __________ No ____________ Historical, archaeological or cultural heritage site Based on available sources, consultation with local authorities, local knowledge and/or observations, could the project alter any historical, archaeological, cultural heritage traditional (sacred, ritual area) site or require excavation near same? Yes ___________ No ____________ If “YES� , Cultural Property (OP 4.11) is triggered. Carry out EIA for appropriate mitigation measure to be taken. Resettlement and/or land Acquisition Will involuntary resettlement, land acquisition, relocation of property, or loss, denial or restriction of access to land and other economic resources be caused by project implementation? Yes ___________ No _________________ If “Yes� Involuntary Resettlement OP 4.12 is triggered. Please refer to the Resettlement Policy Framework (RPF) for appropriate mitigation measures to be taken. Loss of Crops, Fruit Trees and Household Infrastructure Will the project result in the permanent or temporary loss of crops, fruit trees and household infra-structure (such as granaries, outside toilets and kitchens, livestock shed etc)? Yes ____________ No ______________ 84 Block of access and routes or disrupt normal operations in the general area Will the project interfere or block access, routes etc (for people, livestock) or traffic routing and flows? Yes ____________ No ______________ Noise and Dust Pollution during Construction and Operations Will the operating noise level exceed the allowable noise limits? Yes ___________ No _______________ Will the operation result in emission of copious amounts of dust, hazardous fumes? Yes ___________ No _______________ Degradation and/or depletion of resources during construction and operation Will the operation involve use of considerable amounts of natural resources (construction materials, water spillage, land, energy from biomass etc.) or may lead to their depletion or degradation at points of source? Yes ___________ No _______________ Solid or Liquid Wastes Will the project generate solid or liquid wastes? (including human excreta/sewage, asbestos) Yes _______________ No ______________ If “Yes�, does the project include a plan for their adequate collection and disposal? Yes ________________ No ______________ Occupational health hazards Will the project require large number of staff and laborers; large/long-term construction camp? Yes ________________ No ______________ 85 Are the project activities prone to hazards, risks and could result in accidents and injuries to workers during construction or operation? Yes ________________ No ______________ Will the project require frequent maintenance and or repair Yes ________________ No ______________ Public Consultation Has public consultation and participation been sought? Yes ______________ No _______________ PART C: MITIGATION MEASURES For all “Yes� responses, describe briefly the measures taken to this effect. 86 Annex 4: Sample Checklist for Identifications of Environmental and Social Impacts and Mitigation The Environmental and Social Checklist below is a sample checklist which will be adapted to the particular type and circumstance of the infrastructure project. The checklist will be completed by the designated LGA Project Team who has received environmental and social assessment and management training. Activity / aspect Anticipated Effect Likeliho Avoidance & Mitigation Measures od (for “Yes� Responses) No Ye s NATURAL HABITATS Physical placement of Replacement of / direct Avoidance strategies new infrastructure encroachment of natural  Siting of subproject circumvent a vegetation natural area of local importance Subproject ESMP  Compensation measures (i.e. establish and maintain an ecologically similar area). Land clearing Loss or damage of Subproject ESMP vegetation, fauna and  Minimize loss of vegetation biodiversity in a natural area Sediments in runoffs Increased turbidity of Subproject ESMP from construction works natural water areas  Soil erosion control measures (see section 3 below) WATER RESOURCES AND MANAGEMENT Improved drainage Reduce risk of flooding Enhancement measures system and stagnant pools of water Physical placement of Obstruct drainage Avoidance strategies: infrastructure on/close to systems / change of  Observe and enforce setback lines: water courses / bodies water courses 30m from river banks; 60 m from high water mark of Lake or sea LGA Management Plans for affected areas Soil disturbance (digging o Change of water Subproject ESMP / excavation) increasing courses  Soil erosion control measures (see erosion and sediments o Increased water section 3 below load in runoffs into water turbidity body 86 87 Uncontrolled water o Water sources Subproject ESMP extraction or tapping depletion  Comprehensive water resource from existing sources o Increase pressure on assessment to determine available the existing water quantities in rivers, underground supply systems water resources  Extract un- or under- exploited water resources (e.g. underground aquifers)  Authorization for connection from existing Municipal / community water supply systems  Use of water saving devises (e.g. hand pumps and press/release taps etc.)  Rain water harvesting at all buildings or channelling to storage troughs. LAND, SOIL AND CONSTRUCTION MINERAL RESOURCES Site preparation Soils erosion at LGA procurement of Contractor Clearing of vegetation) subproject site and  Use Contractors with requisite Civil works (trenching, points of source of experience of land management and digging) materials soil erosion control 87 88 Subproject ESMP  Avoidance / minimization of soil erosion - Minimize surface area to be cleared during works - Avoid and minimize the removal of stumps, trees and natural vegetation - Minimize the extent and exposure time of bare/cleared areas  Machinery operations - Avoid use of heavy machinery during rainy season to avoid ground compaction, creation of ruts and loss of organic matter  Soil erosion control using vegetation - Use mulch of vegetation e.g. agricultural plants or any other type of mulch; - Use of permanent vegetation such as trees - Leaving buffer zones of natural vegetation cover between a cleared area e.g. access roads and water bodies  Soil erosion control mechanical measures - Use of mechanical process e.g. on roads: stone ripraps, spreading gravel or crushed stone, use nets and matting etc. - Design slopes and ditches to prevent erosion - Topsoil from stripped areas put aside for later use in areas to be re-vegetated - Divert surface runoff from exposed surfaces 88 89 Grading of materials: Materials deposition or Subproject ESMP piling and levelling of transportation into water  Avoidance / minimization measures top-soils, fill and courses. - Avoid levelling near lake or excavated materials rivers (i.e. a 30-m limit from the top of the bank’s slope), unless this is the location of the planned work  Mechanical measures - Materials deposited on the surface of inclined ground must adhere well to the existing ground to avoid sliding - Preserve topsoil stockpiled to a maximum height of 1.5 m to be used to landscape the road slopes and other disturbed surfaces - Excavated material - immediately piled/temporarily stored either inside the road reserve or an area which is already cleared located more than 60 m from water bodies. - Excavated material not re-used - deposited, levelled and landscaped to give it a natural and stable form either within the right of way, 35m from the road reserve or 60m from water bodies. Uncontrolled excavation Depletion of  Contractor procurement / extraction of construction materials at - Obtain construction materials construction materials points of source only from authorized sites or (stones/aggregates, sand, suppliers gravel, cobblestones, fill LGA Management Plans materials)  For existing quarry sites, and new sources of construction materials MATERIAL EFFICIENCY AND WASTES 89 90 Uncontrolled water use Reduced volume of Subproject ESMP (for construction, water available for  Institute measures for reduction of cleaning purposes, various uses water consumption, waste water, and pollution by: - Reducing water consumption in construction, cleaning and other areas - Avoiding spillage and leakage - Reusing and/or recycling suitable water sources - Reducing waste water pollution - Treating waste water in an environmentally-sound way (see WMP) - Education awareness on measures to minimize water loss (waste water reuse) Uncontrolled use of Reduced volume of Subproject ESMP materials e.g. material available for  Institute measures for controlling construction materials various uses use of materials - Avoiding losses due to spillage and leakage - Establishing preventive maintenance programmes - Substituting and/or reducing the use of materials harmful to the environment (e.g. (cleaning agents, disinfectants, leaded fuel) - Use materials formulated with internationally acceptable benign (non toxic) / low toxicity / ingredients - Adopt system to recycle the use of the materials - Minimize residue through processing by solids control equipment. - Use of high standard personnel and equipment. 90 91 Discharge of o Increase nutrients in Sub-Project ESMP / Solid Waste biodegradable / organic soils and aquatic Management Plans (SWMP) wastes: food, cleared bodies  Composting vegetation etc. o Proliferation of  Animal feeds disease germs and  Recycling and re-use vectors o Attract human and animal scavengers Disposal of paper, o Loss of visual cardboards, wood & quality packaging materials Disposal of non- o Soil degradation biodegradable (metallic, o Accidental injuries plastic) Discharge of waste water Same as solid wastes Sub-Project ESMP / Waste Water Management Plans (WWMP)  Waste water use for irrigation / watering Disposal of medical Health hazards Sub-Project ESMP / Medical Waste wastes (poisonous materials, Management Plan (MWMP) accidental injuries); Soil degradation Disposal of hazardous Soil degradation, Sub-Project ESMP / Hazardous Waste wastes: used batteries, health hazards Management Plan (HWMP) chemicals, paints etc (poisonous materials)  Proper handling, transportation and storage of materials and products: - Applying the first-in-first- out principle - Establishing adequate, secure, and controlled storage for hazardous materials - Handling dangerous substances with care - Properly cleaning and disposing of packaging materials - Transport in leak-proof containers that are clearly labelled 91 92 Leaks and accidental Soil and water Sub-Project ESMP / Hazardous Waste discharge / spills of fuels, degradation, Management Plan (HWMP) oils, lubricants, vehicle / machinery fluids Loss of visual quality  Secure storage area: (outside easily flooded zones and more than 60m from watercourses or wetlands) with an impervious surface that can contain fuel, oil, and other fluid spills.  Machinery maintenance site: Dedicated central disposal point approved by the Engineer for disposal of used fuels, oils, paint, vehicle fluids, and old tires and tubes, household, office, workshop, and other solid wastes; burning cleaned spills and contaminated soils  Containment/retention: tanks and filling equipment surrounded by a retention dike designed to completely contain the content of each tank inside the basin; Fuel tanks equipped with a reserve basin  Workers handling and using hazardous materials: specifically trained in how to handle and use hazardous materials; how to avoid any risk of accidental discharge; how to respond in the event of a natural disaster or environmental emergency, including events leading to chain reactions, so as to avoid any accidental discharges  Spills clean- up: by burning in place or collecting the contaminated soil and burning at central disposal point; Residue deposited on the ground from washing trucks or from any operation be buried or cleaned up to the satisfaction of the Engineer 92  Materials to control discharges: e.g. absorbent material, peat, sand bags, shovels, pumps, machinery, containers, and gloves stored near 93 Construction Wastes Waste water from Soil degradation, Avoid / minimize discharging onto land concrete works, washing Degradation of water and in water, of aggregates quality of receiving Conduct works on impervious surfaces, water bodies Waste water contained not to enter into environment Rubble, chunks of Fill material in open pits pavement, pieces of Recycling and re-use concrete and masonry, slags. Non-fermentable crushed or shredded residue not containing dangerous wastes Non-reusable excavated material Scrap wood, metallic wastes: iron sheets, grills, AIR QUALITY AND CLIMATE CHANGE Exhaust fumes Reduced air quality Repair and maintain machinery (regular (containing GHGs) from GHG effects that affect preventive maintenance for all construction and climate change equipments) operation equipments Engines should not be left running (generators,) unnecessarily to reduce exhaust fumes (also reduce noise, smoke, dust etc.) Dust from bare land or Caking of surfaces (near - - - Avoid dust formation; contain fine loose surfaces; fine sand, vegetation, buildings, sand, cement and other materials cement and other streams, and wetlands with a firmly fixed cover materials from - Installation of dust filters on construction, excavation, equipment drilling blasting - Dust-control agents (e.g. wood activities. shavings, mulch) or water spray (e.g. if near buildings, streams, and wetlands) - Speed restrictions etc. Smoke running engines Reduced air quality, Engines should not be left running GHG effects that affect unnecessarily to reduce smoke, climate change Repair and maintain engines Odours (from wastes) Reduced air quality, Prevention at source (proper waste Nuisance to receptors management) LANDSCAPE AND VISUAL AMENITY Intrusion of new o Impaired visual Structures blend (height, texture, elements in the natural quality and amenity colour, etc) with natural settings setting o Loss of land value 93 94 Vegetation clearance Re-vegetate cleared areas; minimize loss of vegetation Soil erosion, landslides Refer to measures in Part 3 above etc; of landscapes features Haphazardly disposed Waste Management Plan, refer to wastes measures in Part 4 above BUILT ENVIRONMENT Existing infrastructure Access and services Enhancement measures: upgraded, rehabilitated improved during Regular Preventive Maintenance Plan operation Physical presence or Existing infrastructure Machinery operations: Avoid use of construction works damaged or access heavy machinery near properties to restricted causing prevent damage or cracks disturbance, travel longer distances etc. Increased rainwater Existing infrastructure, Water harvesting catchment by roofing / roads, land, buildings, Paving and / or landscaping areas paving concentrate rain etc. damaged by erosion surrounding infrastructure (buildings, water hitting the ground roads) Construct storm water drainage from facility Connection to existing Pressure on existing or Connection to authorized existing facilities and supply proposed public Municipal / community facilities and systems (water, infrastructure supply systems electricity, sewerage, storm drainage) Pressure on existing or Improved infrastructure Specific ESMP for individual proposed public attract new immigrants subproject (roads) infrastructure LAND RIGHTS AND LANDUSES Taking of land for Loss of land rights Avoid or minimise land and property subproject (statutory and acquisition: customary) and - Road construction or rehabilitation improvements on the works to maintain the same road land alignment - Avoid removal and/or damage to existing structures and infrastructure during construction Valuation and prompt compensation - Census of people whose land will be taken (even temporarily) and inventory of their assets and properties. 94 95 Change or modification Managing existing land use avoid or of existing or potential minimize: land uses at sub-project - Removal of trees or plants with site economic or food-source functions (e.g., teak wood or fruit and nut trees) - Access roads that will result in individuals or communities to lose any assets e.g. land used for urban agriculture - Siting of new borrow areas that will result in land use conflicts - Locating drainage structures and outlets that will pose problems to land users e.g. a steep ditch that cannot be easily crossed preventing access to services/land across the road. Loss of access to land or Maximize benefits to communities land user rights - Informing and involving land users in the design and siting of facilities, roads and drainage structures - Use of drainage structures and turnouts to benefit communities in water-deprived areas - Drainage structures can be designed to allow community to harvest water - Use of borrow pits converted to some other use to the community after project completion e.g. water collection pond, dumpsite, etc. COMMUNITY LIVELIHOODS Development of new and Local government Enhancement measures: improved infrastructure increased incomes; e.g. roads, introducing reduced construction Regular Preventive Maintenance Plan access to areas which did and maintenance costs not exist / accessed Increased land values Enhancement measures 95 96 before Employment Enhancement measures: opportunities at the - Optimize local employment local, district and - Allocate jobs fairly /equally among regional levels community members using set (Laborers to criteria for allocation: (consider Contractors) gender, marginalized groups) - Involve community leaders/ committees to identify suitable/able people for the jobs: review to avoid bias or favouritism - Deliver skills / literacy training to locals particularly youth. - Observe national / and international labour standards. - Establish a system to manage local expectations. Attract new economic migrants: LGA Management Plans for o Induced settlements exploitation of water & other resources in vicinity in the area o New economic  Alternative strategies to avoid / activities minimize water extraction o Increased illegal  Conflict avoidance / resolution developments and mechanism activities o Additional demand for natural resources, water & o Competition / conflicts over resources o Additional pressure on social services Improve trade and Enhancement measures: supply of commodities to the project sites and Regular Preventive Maintenance Plan effects on tourism Improved access and effects on the travel duration and distances Improved markets for local products PUBLIC HEALTH AND SAFETY 96 97 Noise emissions from Modifications to the Sub-project Health and Safety Plan operations generating ambient noise level in consider:- high-intensity noise the project area Noisy equipments and processes - Inspection and maintained Disturbances / nuisance of equipments and to nearby receptors machinery in good running conditions. - Soft start technique - Notification to nearby residences / institutions on project activities and schedules Transportation noise - Transportation path selected to minimize potential for disturbances. - Minimal low speed; no passing close to noise- sensitive areas. - Shortest route taken over land. - Properly maintained silencers and mufflers. Avoidance strategies - Maintain caution/ separation distances. Noise from blasting, use of jackhammers, pile driving, rock crushing - Carry out operations generating high-intensity noise during day light hours - Using the noise-suppressing devices available on certain equipment (e.g. mufflers, side panels on compressors, etc). - Installation of noise protection screens e.g. ridge made from excavated material, wall from plywood, mobile trailers, stacked materials, etc) 97 98 Modifications to air Health effects especially Sub-project Health and Safety Plan quality (increase of air on vulnerable groups incorporate measures under section 5 pollution from emissions, (e.g., hospital patients, above dust, odours from wastes) children, and elderly people); Construction site hazards Injuries / fatalities Sub-project Health and Safety Plan (sharp or falling objects, consider:- open pits for foundations, - Warning signs waste water etc) - Backfilling of open pits and Pits filled with water at Creation of new restating to original condition project site and quarry breeding habitats for sites agents / vectors of diseases (i.e. proliferation of mosquitoes) and increase prevalence of malaria, gastro-enteritis, and other diarrhoeal illnesses Poor sanitation, waste Exposure water-borne or Sub-project Health and Safety Plan disposal and ventilation respiratory infections consider Water and sanitation and diseases provisions: - Make a proper assessment of water needs. - Increase water extraction (underground wells, rainwater harvesting) and storage capacity. - Establish water use & saving measures including an Education, Information, and Communication (EIC) package with “ DOs and DON’Ts�. 98 99 Interactions among new Increase incidences of Sub-project Health and Safety Plan comers and with local communicable diseases consider establishing or promoting population including STDs existing HIV/AIDS programme that HIV/AIDs; and will:- disruption of culture - Create awareness among the project /behaviour change and managers and leaders of security. infrastructure construction companies; - Encourage the adoption of a proactive change in behaviour including abstinence and/or fidelity to their spouse, systematic use of condoms, and HIV testing - Provide the necessary support to service providers (i.e., medical personnel, educational peers, and community representatives), as well as clinical and psycho-social support to infected persons; - Ensure that means of prevention or treatment for STIs and HIV/AIDS are available and accessible to workers and the local community members during the project implementation Fire Injuries / fatalities, Sub-project Health and Safety Plan damage of properties consider:- - Minimization of the risk of fire - Fire fighting equipment and procedures. - Training to facility personnel / occupants and fire drills. - Establish a First Aid and ER facility at project location taking into considerations treatment and ER capabilities of local medical services providers and hospitals. 99 100 Transport / construction Effects on traffic safety, Traffic Management and Safety traffic hazards (e.g., road inconvenience related to Procedure (TMSP) consider: deviations, transport of vehicles causing Selection of appropriate transportation dangerous goods etc) accidents, congested route with consultations with traffic, material spillage, stakeholders, avoiding large increased travel duration agglomerations. determined and distance Good Site Practices: - Informing locals of transportation proposals. - Signage and signal personnel where appropriate; vehicle lighting (front and back). - Training and testing (i.e. vision tests) of heavy equipment operators and drivers - Requirements that all companies and drivers have licenses and insurance. - Transportation restrictions: vehicle movement restricted to pre- determined routes; maximum load restrictions; restrictions on movement of vehicles and speed limits (zoned according to sensitivity of the area); day time movements if desired; and parking and on-site traffic movement. - Noise and dust control measures (see above) - Compliance with all Tanzanian transportation laws/standards Vibrations from heavy Effects to nearby equipments buildings OCCUPATIONAL HEALTH AND SAFETY Exposure to dust, noise Disturbances / nuisance Sub-project Health and Safety Plan and discomfort consider:- Injuries from sharp / - Serious injuries - PPEs falling objects, falling - Provide all workers with required PPE (i.e., supply from heights safety equipment based on a worker’s responsibilities, e.g., provide dust masks to workers Exposure to sun/heat - ill-health Sickness and - working in dusty conditions); (reduced manpower) - Enforce the correct use of PPE by workers and Exposure to water-borne - ill-health, Sickness and - apply sanctions to workers who are not compliant; infections from food, fatalities Emergency response 100 101 drinking water - Prepare for accidents (e.g., identify nearest doctor and hospital) to ensure a swift response when health issues arise; - Provide on-site First Aid kits and that at least 2 persons per worksite have received First Aid training; Training - Train employees on health risks, on measures to ensure safety, on howto use Personal Protective Equipment (PPE), on the importance of using safety equipment, and on what todo when accidents occur; - Train workers handling toxic substances and dangerous machinery on relevant ‘best practices’; - Delegate one staff who has been trained in OHS as Safety Officer Working environment - Provide adequate sanitation, potable water, and rest areas and periods to workers; - Signing during construction RISKS TO PROJECT FROM NATURAL FACTORS Extremes of climatic - Damage of project Choice of materials and designs elements: winds, rains, structures resilient to extremes of natural events storms, hurricanes, - Disruption of project i.e. able to with stand pressures/forces lightening operations and i.e. welded and seamless wrought steel Extreme aquatic schedules pipes; valves, end closures, connectors conditions: waves, tides, - Blocked access to the and swivels made of corrosive-resistant currents road network and materials. Soil movements: erosion, facilities; stone dislodging, - Injuries and fatalities Physical placement of infrastructure and landslides to project personnel facilities observe setback lines and working on the site other siting standards Surface drainage Damage of project (streams, rivers) and structures, storm water drainage causing flooding and Discharges into project overflows. site Hydro-geological Water stagnation / conditions: height of flooding of project site water table Geology: seismic Damage to project activities (earthquakes structures etc.)  RISKS TO PROJECT FROM NEIGHBOURING ACTIVITIES AND DEVELOPMENTS 101 102 Land disturbances Destruction of Stakeholders Information, Education activities: cultivation, infrastructure o and Communication (IEC) Plan bulldozing, livestock Continuous engagement with project grazing affected individuals and groups prior to Occupation, economic Theft of materials and project. IEC plan includes early formal and social status of portable items with notification to relevant stakeholders of nearby residences ready-made market or the scope and schedules of the intended for home use. project activities. Security condition in Vandalism of structures Resources Mapping neighbourhood to the / equipments Entailing identification and mapping of project site Theft of materials and any ecologically sensitive habitats and portable items with species or human settlement features. ready-made market or First step is baseline survey followed by for home use. sustain communications with relevant affected / interested parties to avoid Bush fires practices Injuries and fatalities to (where possible) sensitive natural, project personnel social, economic and cultural resources working on the site or and/or to use alternative resources and visitors. routes. Destruction of Project Area Layout/Plan subproject area Reviewing layouts of land use at project (community forest, site and immediate vicinity enables: wood grove, planted - Restriction of project activities to trees / grass) the project primary areas of impact; Boundary fence and Conflicts related to - Choice of access/transportation buffer zone separating blocked access to local routes that cause minimum impact project from resources present on the (i.e. use existing routes); neighbouring features site - Marking of exclusion zone around project site / activities. Initiating and Maintaining Good Neighbourliness - Incorporate in the IEC plan information dissemination, public awareness on potential dangers of project activities to humans and properties. - Engage communities in the running of project: employment opportunities, project benefits sharing etc. - Engage individuals or private company or Government agencies offering security services 102 103 103 104 Annex 5: Sample Application Form for Variation of EIA Certificate Form No. 5 (Regulation 35(1)) Application Reference No……………………… Certificate No………………………………….. FOR OFFICAL USE ENVIRONMENTAL MANAGEMENT ACT, 2004 APPLICATION FOR VARIATION OF ENVIRONMENTAL IMPACT ASSESSMENT CERTIFICATE PART A PREVIOUS APPLICATIONS ........................................................................................................................................................................... ........................................................................................................................................................... PART B DETAILS OF APPLICANT Name (Individual or firm): Business Registration No: Address: Name of contact person: Position of contact person: Address of contact person: Telephone: Email: PART C DETAILS OF CURRENT ENVIRONMENTAL IMPACT ASSESSMENT CERTIFICATE Name of the current Environmental Impact Assessment certificate holder Application No. of the current Environmental Impact Assessment certificate Date of issue of the current Environmental Impact Assessment certificate 104 105 PART D PROPOSED VARIATIONS TO THE CONDITIONS IN CURRENT ENVIRONMENTAL IMPACT ASSESSMENT CERTIFICATE Conditions in the current Environmental Impact Assessment certificate Proposed variation(s) Reasons for variation(s) Describe the environmental [and social] changes arising from the proposed variation(s) Describe how the environment and the community might be affected by the proposed variation(s) Describe how and to what extent the environmental[and social] performance requirements set out in the EIA report previously approved or project profile previously submitted for this project may be affected Describe any addition measures proposed to eliminate, reduce or control any adverse environmental impact arising from the proposed variations and to meet the requirements in the Technical Memorandum on Environmental Impact Assessment Process PART E DECLARATION BY THE APPLICANT I hereby certify that the particulars above are correct and true to the best of my knowledge and belief. I understand the environmental impact assessment certificate may be suspended, varied or cancelled if any information given is false, misleading, wrong or incomplete. ……………………….... …………………… ...………………. Name Position Signature On behalf………………………… …………………… Company name and seal Date 105 106 PART F FOR OFFICIAL USE Decision of the Council…………………………………………………………………………… Comments………………………………………………………….................................................. ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… Officer…………………………………Signature………………………………Date…………… Important notes Please submit- a) 3 copies of this complete form; and b) The prescribe fees, to: Director General The National Environmental Management Council P.o.Box 63154, Dar es Salaam. Tel: 255(022)2134603 Fax: 255 (022) 2111579 Email: nemc@yahoo.com *Delete where applicable 106 107 Annex 6: A Summary Environmental Mitigation Plan (EMP) for the TSCP Additional Financing Project Activity Potential Impact Mitigation (or Enhancement) Responsible Implementing Monitoring Time Horizon Cost Measures Agency Responsibility estimates (US$) Development of  Project aspects likely to affect Environmental and Social LGA Project Team (assisted LGA Project Team / At planning Included in infrastructure landscape and visual quality Screening by Municipal EMO & CDO Municipal EMO; CDO stage project projects are activities that cause modifications in the quality of Include risk assessment to LGA Project Team / Municipal EMO; CDO As required $ 120,000 the landscape features or determine conformity of sub- Consultant and Project Team at erection of structures that do project in terms of: compatibility PMO-RALG not blend with the natural / co-existence of project within setting of an area the neighbouring community  Subproject physical presence and general public could cause physical damage or restrict access or delay Carry out Environmental access to existing Assessment Work / update infrastructure and social ESMPs / RAPs services Train the Trainer: ESIA training LGA Project Team / EMO Project Team at PMO- At planning $ 630,000.  Natural factors and processes for designated LGA Project /CDO/ Consultant RALG stage on site, in near vicinity or Team catchment areas could be Train the Trainer: ESIA training LGA Project Team / EMO Project Team at PMO- At planning $ 630,000. external factors that pose for designated LGA Project /CDO/ Consultant RALG stage risks on the developed Team infrastructure or sub-projects. Workshop for Decision makers LGA Project Team and Project Team at PMO- At planning $ 240,000  Anthropogenic activities and (LGA level) at 8 Participating CDO/ Consultant RALG stage other external socio-economic LGAs & CDA factors on project site, in near Workshop for Decision makers LGA Project Team and Project Team at PMO- At planning $ 80,000 vicinity that might affect the (community level) at 8 CDO/ Consultant RALG stage subproject Participating LGAs & CDA  Modification on residential Prepare RAP as necessary that LGA Project Team / Municipal EMO; CDO As required Included in areas, modifications in the includes Consultant and Project Team at project access to buildings,  Undertaking comprehensive PMO-RALG Included in fragmentation of property, and census of people whose land project expropriate of buildings; will be taken (even damage of homes leading to temporarily) and inventory of relocation or loss of shelter their assets and properties and consequent displacement  Public Consultations/ or relocation of people, assets Sensitization and property  Valuation and prompt  Direct encroachment causing compensation shall follow 107 108 Project Activity Potential Impact Mitigation (or Enhancement) Responsible Implementing Monitoring Time Horizon Cost Measures Agency Responsibility estimates (US$) loss, partial replacement or procedures laid down in land damage of indigenous laws and regulations vegetation and contained biodiversity  Reduction in expenditure on General Technical Assistance Project Preparation Facility Project Team at PMO- Throughout $ 170,000 infrastructure investment at PMO-RALG RALG project cycle and contribution to local government incomes Training Needs Assessment for Consultant Project Team at PMO- At planning $ 180,000 (positive impact) 8 Participating LGAs & CDA RALG stage  Development of new Staff capacity and regulatory Project Team Project Team at PMO- At planning $ 50,000 services (positive impact) changes RALG stage  Improvements that accrue from improved access (positive impact) Construction  Conversion of a natural  Minimize habitat loss Design Consultant and LGA Project Team / Project design Contractor/desi stage habitat - eliminating or through e.g. avoidance contractor Project Team at PMO- and gn consultant to reducing its integrity strategies such as RALG construction include costs in  Degradation of land and circumventing a critical phase contract soils – substantially habitat or species and reducing their quality pollution prevention LGA Project (nutrients, water retention, measures Team include physical properties etc.)  Establish management monitoring below acceptable levels plans for natural water costs in project  Pollution and degradation of source areas and land use budget a natural habitat – plans for important substantially reducing its ecosystem areas within the ability to maintain viable urban LGA boundaries populations of its native species Potential to deplete water  Determination of water Design Consultant and LGA Project Team / Project design Contractor/desi resources due to construction needs before extraction to contractor Project Team at PMO- and gn consultant to activities requirement for water determine available RALG construction include costs in inputs e.g. for mixing, cleaning, quantities (especially if it phase contract dust dousing etc. and water for involves underground water drinking and ablution purposes resources) LGA Project for construction crew  Adoption of alternative Team include strategies to avoid/minimize monitoring extraction from natural costs in project water bodies, sourcing from budget authorized 108 109 Project Activity Potential Impact Mitigation (or Enhancement) Responsible Implementing Monitoring Time Horizon Cost Measures Agency Responsibility estimates (US$) Municipal/community water supply systems Paving of surfaces (vehicle Channeling surface water from Design Consultant and LGA Project Team / Project design Contractor/desi parking areas, bus stand etc.) paved areas to storage troughs contractor Project Team at PMO- and gn consultant to increase rain water catchment and measures to manage RALG construction include costs in exacerbating storm water deposition of eroded soils into phase contract management of an area water bodies or adjacent land LGA Project Team include monitoring costs in project budget Eroded soils from construction Identify erosion prone areas, Design Consultant and LGA Project Team / Project design Contractor/desi activities obstruct natural identify permanent erosion contractor Project Team at PMO- and gn consultant to drainage systems and cause control measures (applicable for RALG construction include costs in effects on the integrity of a particular site) and plan phase contract watercourses, drainage, and construction works and sites to sedimentation regime limit quantity of material likely to LGA Project be eroded and transported into Team include watercourses monitoring costs in project budget Depletion of land, soil and land rehabilitation measures Contractor LGA Project Team / Construction Contractor/desi mineral resources e.g. replanting of vegetation Project Team at PMO- phase gn consultant to RALG include costs in contract LGA Project Team include monitoring costs in project budget Construction Planned or accidental  Identify what type of solid or Contractor LGA Project Team / Construction Contractor/desi stage discharging of various types and liquid wastes and categories Project Team at PMO- phase gn consultant to quantities of solid and liquid of wastes the subproject will RALG include costs in wastes, spillage / leakages of generate or handle contract materials emanating from sub- (biodegradable / organic project directly into natural wastes; packaging LGA Project habitats may impair qualities of materials; non- Team include receiving medium biodegradable (metallic, monitoring 109 110 Project Activity Potential Impact Mitigation (or Enhancement) Responsible Implementing Monitoring Time Horizon Cost Measures Agency Responsibility estimates (US$) plastic), construction costs in project wastes, and hazardous budget wastes i.e. medical wastes, fuels, oils, lubricants, vehicle / machinery fluids etc)  Identify ways to reduce the volume of waste by reusing or recycling initiatives  Use best available mechanisms, practices and technologies for waste collection and transportation water treatment facilities and solid waste disposal sites Construction Emissions from fuel powered  Equipment operations and Contractor LGA Project Team / Construction Contractor/desi stage equipment reducing air quality maintenance measures that Project Team at PMO- phase gn consultant to Increase of air pollution from minimize emissions of RALG include costs in dust, odours, noise etc. substances into the contract atmosphere  Planning construction times LGA Project to minimize disruption at Team include night or on days with monitoring religious significance costs in project budget Construction works could cause  Consultations with the Contractor LGA Project Team / Construction Contractor/desi physical damage or restrict appropriate authorities and Project Team at PMO- phase gn consultant to access or delay access to local inhabitants to identify RALG include costs in existing infrastructure (albeit known or possible contract temporarily) e.g. roads, infrastructure or cultural electrical installations (below sites during subproject LGA Project ground and overhead lines), planning Team include water intake and supply  Construction contract monitoring systems, homes, business and procedures for dealing with costs in project service institutions and other “chance finds� of cultural budget natural sites causing and natural heritage sites. disturbances to local residents These procedures should and users. include cessation of work Disruption of social sensitive until the significance of a areas (burial sites etc.) and 110 111 Project Activity Potential Impact Mitigation (or Enhancement) Responsible Implementing Monitoring Time Horizon Cost Measures Agency Responsibility estimates (US$) institutional areas “find� has been determined Impacts on the cultural and by the appropriate natural heritage from the authorities and local construction activities, including inhabitants, and until fitting physical damage removal, treatment of the site has demolition, restricting access by been determined and civil work carried out Construction Increased employment Local residents and expertise to Contractor LGA Project Team / Construction Contractor/desi stage opportunities at all levels be given priority for employment Project Team at PMO- phase gn consultant to (positive impact) RALG include costs in contract LGA Project Team include monitoring costs in project budget Social / health hazards due to The design and implementation Contractor LGA Project Team / Construction Contractor/desi interactions among new comers process take into consideration Project Team at PMO- phase gn consultant to and with locals health risks that are prevalent in RALG include costs in the project area contract LGA Project Team include monitoring costs in project budget Occupational Health hazards for Institute safety measures and Contractor LGA Project Team / Construction Contractor/desi example injuries while hoisting procedures with regards to work Project Team at PMO- phase gn consultant to heavy items, slips and falls, etc procedures, equipment, and RALG include costs in materials contract LGA Project Team include monitoring costs in project budget Operation and Planned or accidental  Public Education LGA Project Team / Project Team at PMO- Operation Project budget Maintenance discharging of various types and Awareness Raising on RALG phase quantities of solid and liquid waste management and 111 112 Project Activity Potential Impact Mitigation (or Enhancement) Responsible Implementing Monitoring Time Horizon Cost Measures Agency Responsibility estimates (US$) wastes, spillage / leakages of security of infrastructure materials emanating from sub-  Leakage detection & regular project directly into natural maintenance (i.e. water habitats may impair qualities of points, septic tanks, receiving medium latrines)  Regular Maintenance of infrastructure projects Large congregates of people Traffic management plan LGA Project Team Project Team at PMO- Operation Project budget and increase in traffic at public RALG phase places or infrastructure used by general or specific segment of population  Induced settlements (that Specific technical assistance Project Team at PMO-RALG LGA Project Team and As required $ 250,000 habitually sprout along new CDO/ Consultant or improved infrastructure) Review of LGA development Project Team at PMO-RALG LGA Project Team / At planning $ 40,000  Increased illegal plans Municipal EMO; CDO stage developments due to new or improved access  Additional pressure and demands to local on local social services and resources (increase water users) TOTAL 2,390,000 112