SFG2338 MINISTRY OF MINES AND MINERAL DEVELOPMENT ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK Zambia Mining Environment Remediation and Improvement Project July 2016 i    EXECUTIVE SUMMARY Project background and rationale for Environmental and Social Management Framework 1. Project description. The proposed Mining and Environment Remediation and Improvement Project (MERIP) in Zambia will contribute to reducing environmental health risks and lead exposure to the local population related to mining activities in critically polluted areas in Kabwe and Copperbelt provinces. This will be done through: (a) Optimizing existing financial mechanisms to identify, finance, implement and monitor feasible environmental and social measures for prioritized contaminated areas; (b) Strengthen environmental management in the mining sector through improved regulatory and institutional capacity of regulatory agencies (ZEMA, MSD, RPA) and the local governments to strengthen environmental management in the mining sector; and (c) Targeted health interventions and improved job opportunities for affected people, particularly women and youth through collaborative partnership with local government and neighboring communities, through improved capacity of the key institutions at the national, subnational and local levels. The Project includes the following components: (i) Investments for remediation of contaminated sites and environmental infrastructure improvements; (ii) Enhancing Institutional capacity to strengthen environmental governance and compliance; (iii) Reducing environmental health risks through localized interventions; and (iv) Project Management. Rationale for ESMF 2. The majority of the proposed project activities are expected to have mostly moderate environmental impacts, which can be readily mitigated through an environment and social impacts assessment process. However, the project was categorized as A, as the Project through Component I, will support a number of higher risk activities, such as the closure or rehabilitation of tailing dams; remediation of contaminated hotspots in Kabwe; upgrading/development of solid and hazardous waste disposal facility in Kabwe; and improving the drainage and flow of Kabwe canal. Such sub projects would be screened when location details are available for environment and social risks, requiring full scale Environment and Social Impact Assessment. Other planned activities under Component II and component III are likely to have low to moderate risks include capacity building interventions, lab equipment upgrading, lead poisoning treatment program for target population in Kabwe, and small scale community driven projects in support of environmental health outcomes (nutritional support, income generation small grants). All site specific details and design will be informed through a demand driven and consultative approach. The two investments i.e. lining of Kabwe Canal and waste management facility will require pre-feasibility studies to establish various technological and construction alternatives. The environmental and social risks and impacts will relate to final site selection which will be the basis for a detailed Environmental and Social Impact Assessment (ESIA) and preparation of Management Plan. Since the exact locations of the activities and scope of works are not yet identified, the relevant instrument is an Environmental and Social Management Framework (ESMF). The ESMF provides project description, environment and social baseline, identification of anticipated risks and impacts, management and monitoring plan and institutional arrangements. 3. The negative environmental impacts that are likely to be caused by the proposed subprojects will include, but not limited to: loss of vegetation due to earth works and land clearance, increase in noise levels due to construction, structural failure risks from the ii      rehabilitation of tailing dams and overburden dumps from earth movement and stabilization, alteration of top soils, contamination of surface and ground water, increased effects on aesthetics, visual intrusion and landscapes. 4. The ESMF which has been prepared, consulted upon, disclosed prior to appraisal, includes procedures for screening of the sub-projects and their categorization and also the development of ESIA and/or ESMP once specific activities and locations have been identified. The ESIA/ESMPs will be prepared, consulted with local communities and disclosed prior to commencement of detailed planning and physical works, consistent with the World Bank policy on Environmental Assessment (OP4.01). Management and supervision requirements for the physical, chemical and biological environment (waste, water and sanitation etc.), health and safety of construction workers and safety and security of neighboring communities are built into the ESMF. 5. The project envisions a number of positive social impacts as the project aims to contribute to reduction of environmental health risks and lead exposure to the local population related to mining activities in critically polluted areas in Kabwe and selected towns on the Copperbelt province. In addition, the project has a dedicated subcomponent for providing livelihood improvement opportunities to communities affected by lead exposureSince the specific project activities and locations are not yet known (they will be identified through a consultative process during project implementation), the proposed environmental assessment instrument is an Environmental Social Management Framework (ESMF). Main provisions of the ESMF 6. The types of sub-project activities that might cause significant adverse impacts, proposed for funding starting with the second year of the project include: (a) the closure or rehabilitation of tailing dams and remediation of contaminated hotspots; (b) upgrading of the existing dump site as a of solid and hazardous waste disposal facility in Kabwe; and (c) improving the drainage and flow of Kabwe canal to reduce the risks of flooding in the neighboring community. Based on the application of the procedures outlined in the ESMF, site specific ESIA and/or ESMP will be prepared for all sub projects based on the screening, and publicly disclosed, prior to finalization of the design and commencement of construction. During subproject preparation, the project implementing teams will use an opportunity to use the ESIA/ESMP findings to further improve project designs and minimize adverse impacts while maximizing positive impact on people and environment. The negative environmental impacts that are likely to be caused by the proposed subprojects will include, but not limited to: loss of vegetation due to earth works and land clearance, increase in noise levels due to construction, structural failure risks from the rehabilitation of tailing dams and overburden dumps from earth movement and stabilization, alteration of top soils, contamination of surface and ground water, increased effects on aesthetics, visual intrusion and landscapes. 7. A potential risk would be that the upgraded infrastructure is not maintained by the local government, which may cause the reversal of environmental conditions to the pre-project level. Copperbelt Environment Project provided a lesson learned for ZMERIP which will take participatory approach for all of its planned activities, including involving the public in the operation and maintenance of the project infrastructure post project closure. All subproject activities will be subjected to environmental and resettlement screening, using a series of protocols and templates. A separate protocol was developed iii      for CDD activities under Component 3 as described in the project ESMF and RPF. These procedures will allow project implementers at the national and municipal levels to identify, minimize or treat any potential adverse impacts, where needed by calling upon subject specialists to modify designs or propose alternatives. All project activities’ design will be reviewed to avoid or minimize involuntary resettlement and land acquisition. Another risk is related to insufficient policy and regulatory support to tailing dump closures and overall management of environmental liabilities from past and present mining. In addition, there are social risks associated with implementation of the lead poisoning treatment program (e.g. poor communication about the program, community mistrust, etc.). The Component 2 of ZMERIP is dedicated to reduce this risk and provide support to a more sustainable approach for managing such liabilities, engaging MoM, MSD, ZEMA and other relevant agencies. 8. The Capacity Building and remedial measures required for the ESMF and RPF will be funded by ZMERIP under Component 4. The implementation of the measures to address safeguards policy issues include (1) development of ESIAs/ESMPs and, where required, RAPs, once the subprojects are designed; (2) knowledge sharing and ongoing capacity building for environmental and social management at all levels of project implementation including the communities; (3) environmental and social monitoring and reporting, including annual audits for Component 3 activities conducted by participating Municipalities. The training requirements for the implementation of the recommendations of the safeguard documents and for overall environmental management have been factored into the project budget. The project will be implemented by 3 PIUs (MSD, ZEMA and Kabwe MC), which will include dedicated environmental and social staff responsible for the implementation and monitoring of the ESMF and RPF. The responsibilities will include screening, preparation of the subproject specific documents, consultations, monitoring, auditing, training for other implementation partners and stakeholders. 9. The project stakeholders include relevant ministries at the national level (including MOM, MOH, Ministry of Environment), agencies (ZEMA, MSD, RPA), communities in the target areas – Kabwe, Kitwe, Chingola and Mufulira, especially the poor and vulnerable, living in contaminated areas affected by mining activities. The interventions will target about 500 women and unemployed youth in these communities through direct support for income generating activities and enhancements of livelihoods using a community based approach in order to reduce their current exposure to hazardous employment activities. Project stakeholders will also include more than 3,000 children who have been impacted by lead pollution, primarily in Kabwe, through direct health interventions including blood lead level testing, treatment and nutritional supplements. In Kabwe, remediation activities and management of contaminated hotspots will benefit around 70,000 people living in hotspots and an estimated 30,000 children will be beneficiaries of education and awareness building campaigns. 10. ZMERIP design is built on a participatory approach which requires community development activities to be defined, designed, planned and implemented by the local community groups. The project supports Government’s decentralization agenda, whereby decision making has been devolved to the Municipal councils. The Municipal Councils of Kabwe, Kitwe, Chingola and Mufulira are the implementing agencies for their respective components and will be responsible for designing and implementing activities within their jurisdiction and also be the interlocutors with the local communities for the community development livelihood enhancement activities. All Component 3 activities will be preceded with an active communication and education campaign providing information about the risks of exposure to lead, proposed remedial actions and available project inverventions, such as the decentralized health program to reduce environmental health risks associated with chemical contamination and support to local income generation and livelihood activities. 11. Overall the project envisions a number of positive social impacts as the project aims to contribute to reduction of environmental health risks and lead exposure to the local population related to mining activities in critically polluted areas in Kabwe and selected towns on the Copperbelt province. In addition, the project has a dedicated subcomponent for providing livelihood improvement opportunities to communities affected by lead exposure. The ESMF identifies broad mitigation, monitoring and iv      institutional measures to be undertaken in order to ensure that the implementation of the project activities avoids as much as possible adverse social and environmental impacts, and when avoidable, mitigates such impacts. For potential loss of vegetation associated with construction, constructors and communities should minimize the loss of natural vegetation, and re-vegetate any plant loss with native species to protect susceptible soil surfaces. Contractors will be required to mitigate increased air pollution and noise levels during construction/ or rehabilitation of roads or other infrastructure by employing dust control measures, e.g. by spraying and moistening the ground, and limiting construction noise to restricted times agreed to in the permit. Possible contamination of water sources should be mitigated through disposal of contaminated water in addition to decisions on site locations location done in collaboration with relevant planning authorities, and in consultation with surrounding communities (where possible siting of building in locations previously used for infrastructure) to minimize negative environmental impacts. Implementation and Monitoring System 12. Implementation of the ESMF will be coordinated by Project Coordination Unit (PCU) at the Ministry of Mines and managed by three Project Implementation Unit, each at Mines Safety department; ZEMA and Kabwe municipal Council. The PCU and PIUs include well trained and experienced safeguards specialists, familiar with World Bank safeguards policies. For environmental infrastructure to that involve larger scale physical works, a detailed and specific assessment to identify impacts are required. ESIA and resulting ESMPs will be contracted to be available during the design phase of these infrastructure works, and cleared by ZEMA, facilitated by the environmental and social safeguards responsible at the PIU. The ESIA will be reviewed and cleared by the World Bank Safeguards Advisor. The safeguard instruments for these infrastructure sub-projects are required to be sent in consultation with stakeholders. These works and safeguard measures will be monitored by ZEMA and the PIU through routine and independent audits. For sub-projects under the CDD process the management of safeguards will be embedded in the participatory identification of projects. The screening for environmental and social impacts is included in the process for submitting proposals for sub-projects. ESMF outline 13. The first three Chapters (Chapters 1 to 3) of the ESMF provide background information that starts with a description of the proposed project which is followed by a brief explanation of the methodology used in formulating the ESMF as well as baseline information obtained in the target project areas. Chapter 4 provides an overview of the World Bank Operational Policies and national environmental management policies and regulations. The last four chapters of the ESMF provide guidelines on potential environmental and social impacts that are anticipated for various proto-type sub-projects, respective possible mitigation measures as well as relevant institutional arrangements for implementation and monitoring of safeguards. Chapter 8 of the ESMF takes into account prevailing institutional capacities and needs and recognizes the need for capacity building in safeguards application and monitoring. _________    v      TABLE OF CONTENTS EXECUTIVE SUMMARY ii  TABLE OF CONTENTS vi  ACRONYMS x  INTRODUCTION  CHAPTER 1 ............... 1  1.1  Project Background ..................................................................................................................  1  1.2  ESMF Objectives .....................................................................................................................  1  1.3  Project Description ...................................................................................................................  1  1.4  Description of Project Components ........................................................................................ 2  Institutional Arrangements .............................................................................................................. 109  ENVIRONMENTAL AND SOCIAL METHODOLOGY   CHAPTER 2 ........................... 1  2.1  Review of Literature ................................................................................................................  1  2.2  Analysis of Baseline Environmental Data ...............................................................................  1  2.3  Site Visits, Workshops and Field Assessments  1  ........................................................................  2.4  Analysis of Safeguard Policies and Regulations ......................................................................  1  PROJECT BASELINE INFORMATION  CHAPTER 3 ............................ 2  3.1  Baseline Information ............................................................................................................... 2  3.2  Kabwe and Copperbelt Province Physical Environment ........................................................ 2  3.3  Copperbelt Province ............................................................................................................... 2  3.3.1  Topography ..................................................................................................................... 3  3.3.2  Hydrogeology .................................................................................................................. 3  3.3.3  Hydrology ....................................................................................................................... 4  3.3.4  Climate ............................................................................................................................ 4  3.4  Kabwe ..................................................................................................................................... 4  3.4.1  Climate ............................................................................................................................ 5  3.4.2  Topography ..................................................................................................................... 5  3.4.3  Hydrogeology .................................................................................................................. 6  3.4.4  Hydrology ....................................................................................................................... 6  3.5  Flora and Fauna ....................................................................................................................... 7  3.6  Soils......................................................................................................................................... 8  3.7  Air Quality ............................................................................................................................ 10  3.8  Environmental and health impacts linked to copper mining operations in the Copperbelt ... 11  3.9  Environmental and health impacts linked to lead mining operations in Kabwe .................... 12  3.10  Socio-Economic Baseline of Kabwe and Copperbelt Province ............................................. 15  WORLD BANK SAFEGUARD POLICIES AND ZAMBIA REGULATORY AND LEGAL FRAMEWORK CHAPTER 4 18       4.1  Introduction ........................................................................................................................... 18  4.2  World Bank Safeguard Policies Overview ........................................................................... 18  4.3  Overview of Relevant Zambian Policies and Plans ............................................................... 21  4.3.1  Vision 2030 .................................................................................................................... 21  4.3.2  Revised Sixth National Development Plan (2013-2016) ................................................ 21  4.3.3  Mineral Resources Development Policy, 2013 ............................................................. 22  4.3.4  National Health Policy, 2012 ........................................................................................ 23  4.3.5  The National Decentralisation Policy, 2002 ................................................................. 24  4.3.6  National Policy on Environmental Policy (NPE), 2005 ............................................... 24  4.3.7  National Water Policy, 1994 ......................................................................................... 25  4.3.8  The National Forest Policy of Zambia, 1998 ................................................................ 26  4.4  Relevant Zambian Legislation .............................................................................................. 27  4.4.1  Additional relevant legislation ...................................................................................... 36  4.5  Complementarity between Zambian Legislation and World Bank Safeguard Policies ........ 36  LISTING OF POTENTIAL IMPACT AND MITIGATION MEASURES   CHAPTER 5 38  5.1  Impact Identification, and Mitigation measures .................................................................... 38  5.2  Environmental Impacts ......................................................................................................... 38  CLASSIFICATION OF SUB-PROJECTS, SCREEENING APPROVAL AND IMPLEMENTATION  CHAPTER 6 49  6.1  Subproject Preparation and Approval ................................................................................... 49  6.2  Environmental and Social Screening .................................................................................... 49  ............................................................................................. 49  6.2.1  Environmental Screening:  6.2.2  Assigning the Environmental Categories and preparing ESMPs: ................................ 49  6.2.3  Appraisal and Approval of Environmental and Social Work ........................................ 52  6.3  Public Consultation and Disclosure ...................................................................................... 52  SUPERVISION AND MONITORING PLAN 54  CHAPTER 7 54  7.1  Compliance Monitoring ........................................................................................................ 54  7.2  Impact Monitoring ................................................................................................................ 55  7.3  Cumulative Impacts Monitoring ........................................................................................... 55  7.4  Annual Monitoring and Reviews .......................................................................................... 55  7.5  Supervision requirement and Environmental and Social Monitoring Plan ....................... 5756  7.6  Monitoring Indicators ....................................................................................................... 5756  7.7  Environmental and Social Safeguards Monitoring Responsibility ................................... 5958  7.7.1  National level ............................................................................................................ 5958  7.7.2  Provincial, District and Local Levels ....................................................................... 5958  7.7.3  District level .............................................................................................................. 5958  vii      INSTITUTIONAL CAPACITY FOR THE ESMF IMPLEMENTATION CHAPTER 8 6059  8.1  National stakeholders ....................................................................................................... 6059  8.1.1  The Ministry of Mines and Mineral Development: .................................................. 6059  8.1.2  The Ministry of Finance (MoF) ............................................................................... 6059  8.1.3  The Ministry Of Local Government and Housing ..................................................... 6160  8.1.4  Zambia Environmental Management Agency: .......................................................... 6160  8.1.5  Radiation Protection Agency (RPA) ......................................................................... 6160  8.2  Civil Society Organisations .............................................................................................. 6261  8.3  Vulnerable Social Groups ................................................................................................. 6261  8.4  Private Sector .................................................................................................................... 6261  8.5  Capacity Building Requirements ...................................................................................... 6362  8.5.1  Safeguard Compliance in Participatory Project Planning, Implementation and Community Engagement ...................................................................................................... 6463  8.6  Monitoring Indicators ...................................................................................................... 6564  8.7  Budget .............................................................................................................................. 6766  PUBLIC CONSULTATIONS CHAPTER 9 6867  REFERENCES 7170  ANNEX 1: ENVIRONMENTAL AND SOCIAL SCREENING FORM ................................... 7271  ANNEX 2: GENERIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN .......... 7675  ANNEX 3: CHANCE FIND PROCEDURES 8079  ANNEX 4: ENVIRONMENTAL AND SOCIAL GUIDELINES FOR CONSTRUCTION CONTRACTOR 8180  ANNEX 5 : SAMPLE TORS 8382  ANNEX 6: DRAFT GRIEVANCE REDRESS MECHANISM 86  ANNEX 7: CLASSSIFICATION OF PROJECTS UNDER ZAMBIA EIA.................................. 88  ANNEX 8 : ATTENDANCE LIST FOR STAKEHOLDER WORKSHOPS ................................ 90  viii      LIST OF TABLES Table 1: Anticipated Sub-Projects .......................................................................................................... 7  Table 2: Population Share and Density by District on the Copperbelt (CSO, 2010) ............................. 17  Table 3: Population Share and Density by District - Central Province (CSO, 2010) ............................ 17  Table 4: World Bank Safeguards Polices and their relevance to Mining Remediation and Improvement Project ................................................................................................................................................... 19  Table 6: Relevant Zambia Legislation and Interpretation ..................................................................... 27  Table 7: Complementary roles of World Bank Polices and Zambian Legislation ................................ 36  Table 8: Identification of Impacts on Subproject and mitigation measures .......................................... 39  Table 8: World Bank Project Categorisation ........................................................................................ 50  Table 9: Monitoring Indicators ......................................................................................................... 5857  Table 10: Capacity Building Requirements ..................................................................................... 6463  Table 11: Monitoring Indicators and Anticipated Sub-Project ........................................................ 6665  Table 12: Comments and Response Report on a Public Disclosure and Consultation Meeting of the  ZMERIP ESMF Held on 24th June 2016 at Moba Hotel, Kitwe ……………………………..………68 LIST OF FIGURES Figure 1: Copperbelt Province (Chingola, Kitwe and. Mufulira) Figure 2: Location of Kabwe ........ 2  Figure 3: Geology of Zambia including the Copperbelt and Central Provinces ..................................... 6  Figure  4: Proximity of National Parks, rivers and lakes to the Kitwe and Kabwe (sourced from http://victoriafalls24.com) ....................................................................................................................... 8  Figure 5: Interpolated distribution of lead in soil in Kabwe .............................................................. 13  ix      ACRONYMS AER Agro-Ecological Regions AIDS Acquired Immune Deficiency Syndrome CBE’s Community Based Enterprises CBO’s Community Based Organizations CEEC Citizens Economic Empowerment Commission CEMP Consolidated Environmental Management Plan CEP Copperbelt Environmental Project CSO Central Statitical Offices DG Director General DMMU Disaster Management and Mitigation Unit DRC Democratic Republic of Congo EA Environmental Assessment ECZ Environmental Council of Zambia EMA Environmental Management Act EPF Environmental Protection Fund ESIA Environmental Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental Social Management Plan GBV Gender Based Violence GIP Grassroot Initiative Program GRZ Government of the Republic of Zambia HIV Human Immunodeficiency Virus IEC Information Education Communication ITCZ Intertropical Convergence Zone KCM Konkola Copper Mines MCM Mopani Copper Mines METS Misenge Environmental and Technical Services MLGH Ministry of Local Government and Housing MOM Ministry of Mines MSD Mines Safety Department MTEF Medium Term Expenditure Framework NGO’s Non-Governmental Organizations NHCC National Conservation Commission NWASCO National Water Supply and Sanitation Council OB’s Over Burden OP/BP Operational Bank Policy PCU Project Coordinating Unit PEF Permanent Environmental Fund PIU’s Project Implementing Units PMC Project Management Consultants PPE Personal Protective Equipment PSC Project Steering Committee R&D Research and Development RAP Resettlement Action Plan RPA Radiation Protection Authority RPF Resettlement Policy Framework R-SNDP Revised Sixth National Development Plan SADC South African Development Community STI’s Sexually Transmitted Infections TD’s Tailing Dams ZCCM Zambia Consolidated Copper Mines x      ZCCM-IH Zambia Consolidated Copper Mines – Investment Holdings ZDA Zambia Development Agency ZEMA Zambia Environmental Management Agency ZMERIP Zambia Mining Environmental Remediation and Improvement Project ZPPA Zambia Public Procurement Authority xi      INTRODUCTION CHAPTER 1 1.1 Project Background The Government of Republic of Zambia has requested World Bank financing of the Mining and Environmental Remediation and Improvement Project (ZMERIP). The Project is consistent with the long-term development objectives of the GRZ, as articulated in the National Vision 2030. Its objective is to reduce environmental health risks and lead exposure to the local population related to mining activities in critically polluted areas in Kabwe and Copperbelt provinces. ZMERIP is designed to fund a variety of investments from infrastructure upgrading to lead exposure medical treatment interventions to a number of small-scale, community-based subprojects that will be identified and planned by the communities that will be approved for funding by local government authorities. The project is building on the experience acquired through implementation of a previous World Bank funded project (Copperbelt Environment Project 2003-2011) with similar objectives and planned project activities. The GRZ has acquired experience in implementing World Bank Safeguard policies. Under the current project, ZMERIP, the GRZ has prepared a set of investment activities that include policy and regulatory interventions, health interventions, livelihood interventions and public awareness activities. These activities are expected to have moderate impacts which will be managed through the implementation of a screening procedure and environmental management plans. The key infrastructure interventions include waste management facility in Kabwe town and lining of Kabwe canal to improve drainage and reduce flooding risk. The infrastructure activities would require undertaking detailed environment and social impact assessments. However the site details, specific locations and conceptual design of such investments will be available during the second year of project implementation. Therefore an Environmental and Social Management Framework (ESMF) has been prepared to fulfil the safeguards policy requirements of the World Bank and the GRZ. 1.2 ESMF Objectives   The objectives of this ESMF are:  To establish clear procedures and methodologies for the environmental and social planning, review, approval and implementation of subprojects to be financed under the ZMERIP;  To specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to subprojects;  To determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF;  To establish the project funding required to implement the ESMF requirements;  To provide practical resources for implementing the ESMF, including general guidance on development of ESIA, ESMPs and their implementation 1.3 Project Description   The Project Development Objective is to reduce environmental health risks and lead exposure to the local population in critically polluted mining areas in Kabwe and in the Copperbelt province. All project components will contribute to reduction of environmental health risks and 1      lead exposure to the local population related to mining activities in critically polluted areas in Kabwe and selected locations in Copperbelt province. This will be done through: (a) Optimizing existing financial mechanisms to identify, finance, implement and monitor feasible environmental and social measures for prioritized contaminated areas; (b) Strengthening environmental management in the mining sector through improved regulatory and institutional capacity of regulatory agencies (ZEMA, MSD, RPA) and the local governments to strengthen environmental management in the mining sector; and (c) Improving job opportunities for affected people, particularly women and youth through collaborative partnership with local government and neighboring communities through improved capacity of the key institutions at the national, subnational and local levels. 1.4 Description of Project Components   The Project includes the following components: (a) Investments for remediation of contaminated sites and environmental infrastructure improvements; (b) Enhancing Institutional capacity to strengthen environmental governance and compliance; (c) Reducing environmental health risks through localized interventions; and (d) Project Management. 14. The project will benefit communities, especially the poor and vulnerable, living in contaminated areas affected by mining activities. The interventions will target about 500 women and unemployed youth in these communities through direct support for income generating activities and enhancements of livelihoods using a community based approach in order to reduce their current exposure to hazardous employment activities. Project beneficiaries will also include more than 3,000 children who have been impacted by lead pollution, primarily in Kabwe, through direct health interventions including blood lead level testing, treatment and nutritional supplements. In Kabwe, remediation activities and management of contaminated hotspots will benefit around 70,000 people living in hotspots and an estimated 30,000 children will be beneficiaries of education and awareness building campaigns. Through enhancement of skills, testing and environmental monitoring facilities, the project will strengthen capacity of regulatory authorities in monitoring of compliance, which will have longer-term benefits for the country. Component I – Remediation of Contaminated Hotspots and Improvement of Environmental Infrastructure: (Estimated budget US$ 19million) 15. The component will finance specific remediation activities and associated environmental infrastructure in Kabwe and Copperbelt areas. These interventions would be prioritized based on a standard set of social, environment and economic criteria including assessment of environmental health risks. This component will finance prioritized investments to remediate contaminated hotspots that present immediate and medium term environmental health risks to the community. A comprehensive environmental management plan will be prepared/updated, detailing appropriate remediation plans for all contaminated sites in Kabwe and Copperbelt province. A simple and straightforward methodology will be utilized under the project for 2      evaluating and comparing sites, assessing environmental health risks and for prioritizing cost effective interventions. Opportunities to collaborate with the private mining companies in legacy clean-up operations will be explored. Some of the key investments include:  Sub component 1.1: Remediation of contaminated hotspots and improvement of environmental infrastructure in Kabwe. (Estimated budget US$10m) This will include identification, characterization and remediation of know hotspots of contamination in Kabwe, primarily sites that are in the proximity of the communities. This will include a voluntary in-situ remediation program for households that are highly exposed. An appropriate technique using a combination of preventive and curative approach would be used, such as confinement, containment and treatment. A consultative and voluntary approach would be used to prevent any displacement or land acquisition. The subcomponent will also support associated environmental infrastructure designed to improve the environmental health of the surrounding environment. There is a demand for improved environmental infrastructure for better management of hazardous and solid waste that contributes to exposure to contaminated material that was determined through a process of consultations with affected communities. Two first potential priority areas identified for engineering interventions are: 1) The Kabwe Canal, which is a conduit for storm water containing hazardous material and wastes from the closed mining areas, passing through densely populated residential areas. The canal is prone to overgrowth and flooding on an annual basis, which results in overflow of hazardous material into residential backyards; 2) The Kabwe solid waste dump site, which needs to be upgraded to into an integrated scientific hazardous and solid waste management facility to provide a location for safe disposal of contaminated material from the residential areas.  Sub-component 1.2: Rehabilitation of Tailing Dams (TDs) and Mine Closure in Copperbelt Province. (Estimated budget US$ 9m) This component aims to assist the GRZ to address some of the accrued environmental liabilities, by piloting closure of few old mine tailing dams. This would be the first time such closure will be undertaken in Zambia and will allow the demonstration of technical, economic, and institutional feasibility. The choice of the TDs would be determined using an agreed criteria of ownership1; immediate environmental health impacts and costs to communities; economics of closure; and potential benefits and future use. Component II – Enhancing Institutional capacity to strengthen environmental governance and compliance (Estimated budget US$ 13.5 million) 16. This component will strengthen the environmental governance of the mining sector and compliance through a variety of interventions: a) policy support to the Ministry of Mines to improve the effectiveness of the national Environmental Protection Fund (EPF) and prepare subsidiary legislation to support the Mines and Minerals Development Act (2015); b) policy support to the Ministry of Environment to prepare regulations to support the Environment Act (2011); c) strengthen the capacity of Mine Safety Department (MSD) to implement the new Mines and Minerals Development Act (2015) that has shifted new responsibilities to MSD, including assessment of environment health risks, and inspection of mine safety risks to communities; d) build capacity of the Radiation Protection Agency (RPA) to improve                                                                   1  Project funds will not be used to subsidies or remediate private sector environmental or social liabilities.    3      identification and mapping of health risks in critical residential areas where exposure to radioactive material (i.e. Uranium) may be high; e) strengthening the capacity of Zambia Environmental Management Agency (ZEMA) to improve effectiveness of monitoring, compliance, enforcement; and f) improve disclosure of environmental information and public awareness of mining-environmental governance issues through GRZ and the Zambia Extractive Industries Transparency Initiative (EITI).  Subcomponent – 2.1: Improving environmental governance in the mining sector. (Estimated budget US$ 5.5 million). This subcomponent will enhance Mining- Environmental Governance and Operationalize Environmental Surety Mechanisms for Mine Closure. The activities will comprise of a combination of interventions involving policy support; strengthening mining and environmental regulations; capacity building support to assist the mining sector agencies, including Ministry of Mines; MSD and RPA. The component will strengthen operational effectiveness of the existing EPF, including mechanisms to identify, finance, implement and monitor feasible environmental and social measures for prioritized contaminated hotspots related to past, present and future mining operations in Central and Copperbelt provinces. Improving the EPF's operationalization will help delineate roles and accountability for past, current and future environmental and environmental-health risks from mining operations; accounting for financial resources needed to meet government obligations to address environmental health risks and liabilities; and clarify the distinction between government-owned liabilities verses private sector responsibilities to regularly and progressively address environmental problems by financing the costs of their mitigation. The policy support would involve review of the Mines and Minerals (EPF) regulations with a view of identifying gaps and weaknesses in the legislation; identifying any omissions, inconsistencies or errors; assessment of the performance and effectiveness of the Environmental Protection Fund from its inception in terms of contributions to the fund, securing of bonds and investment of funds; assessment of accuracy of the EPF closure cost calculation guidelines applicable to Zambian conditions; assess the criteria of allocating EPF performance categories. This support would help set up a mechanisms on how to conduct and compile an Environmental Protection Fund audit report for mining operations in Zambia; engagement of key stake holders on improvements to be made on administering of the Mines and Minerals (EPF) Regulations; and suggest measures to strengthen the Mines and Minerals (EPF) Regulations or changes to the regulations.  The capacity of MSD will be strengthened to enable it to implement its new responsibilities under the 2015 Mines and Minerals Development Act, including assessment of environment health risks; providing guidance to mining companies on mine closure and progressive maintenance of tailing dams so as to minimize risks to the neighboring communities. Capacity building in MSD will consist of a range of training and a review of upgrading equipment and facilities. The activity would assist the MoM to draft mining regulations supporting the 2015 Mines and Minerals Development Act and would assist the Ministry of Environment and ZEMA to develop regulations to support the Environment Act (2011). The activity will review international good practices with respect to benefit distribution from extractive industries and propose regulation to support the Mines and Minerals Development Act (2015). The RPA would be assisted to improve identification and mapping of health risks in critical residential areas where exposure to radioactive waste material may be high. Building a broad support base for improved environmental performance by mining companies requires increased awareness and engagement in sector 4      issues by the general public and policy-makers. The activity will also provide support to Zambia EITI regarding mining-environmental health and mining-environmental governance issues. More detail for the activity can be found in the PAD Annex.  Subcomponent 2.2: Improving environmental compliance, enforcement and public disclosure. (Estimated budget US$ 8 million). This component will strengthen the quality and effectiveness of Environmental Monitoring and Disclosure. The activities will focus on ZEMA to strengthen the quality and effectiveness of environmental monitoring including support to enforcement/legal actions. This will include strengthening ZEMA’s capacity to review ESIAs, negotiate (and, when necessary, update) ESMPs with investors, issue pollution permits, monitor compliance, and collect fees and fines. The capacity building will include use of modern information tools and GIS based techniques for effective inspection and compliance management. This will be accomplished through a series of enabling interventions, focused on improving availability of monitoring equipment and tools, training of both members of staff and identified honorary inspectors from local authorities. In addition, reporting and public disclosure of area specific environmental information will be designed to provide the general public, private sector and other stake- holders access to environmental information to enable informed decision making. Specific activities will include:  Designation and appointment of honorary inspectors;  Procurement and operationalization of environmental monitoring equipment;  Developing a comprehensive environmental monitoring program;  Improving enforcement of non-compliant facilities;  Developing standards and legislation to enhance environmental management;  Increasing access to and public disclosure of environmental information;  Operationalizing the Permanent Environment Fund; and  Environmental management mainstreaming into sectoral ministries and local government agencies. Component III: Reducing environmental health risks through localized interventions (Estimated budget US$ 13.5 million). 17. The Municipal councils of Kabwe, Kitwe, Mufilira and Chingola would be supported in identifying areas where environmental health risks to residents relate to lack of environmental services, such as disposal of hazardous and contaminated solid waste material; access to clean drinking water; lack of medical interventions for children and women exposed to lead contamination; and loss of agricultural soil productivity due to acidic exposure from Sulphur di-oxide emission from the past copper smelting operation. However, no specific investments are planned under this component to finance waste disposal or sanitation facilities. Most activities under this component would be to provide technical assistance to Municipalities to improve collection and promote behavioral change. The outreach and capacity of citizen monitoring at the local level as well as management of public Information, Education and Communication (IEC) would be strengthened through municipal councils in Kabwe and Copperbelt provinces. The component is also aimed to introduce income generation opportunities in contaminated areas that would enhance community involvement in addressing environmental health risks. A pre-agreed set of selection criteria will be used to identify and implement sub-projects, working closely with the private sector, particularly the mining 5      companies in the project area to identify locally relevant livelihood activities that would enhance income generation opportunities. Specific attention will be given to women and vulnerable community groups in the target areas. All activities will be relatively small, technically simple, and cost effective. Collaboration with the private sector on outreach, consultations and community stakeholder engagement will also be explored.  Subcomponent – 3.1: Strengthening decentralized health and education interventions to reduce environmental health risks. This component will target (more than 10,000) people that are already affected by lead poisoning by conducting testing and assessments, screening, case management and surveillance. This will include assisting local, district, provincial government hospitals and clinics to collect existing data on health related to lead exposure in Kabwe; evaluate project data to strengthen the intervention strategy on health and education of affected population; evaluate the ongoing project to develop a sustainable health and communication strategy to prevent, diagnose and treat lead related problems in Kabwe; evaluate the remediation projects by comparing pre- and post-remediation lead levels; identify risk groups such as pregnant women, older children, scavengers in the targeted areas; identify additional hotspots to be included in the health intervention program. Treatment and nutritional supplements will be provided according to test results while health promotion shall also be conducted regularly in the affected communities. The project will support the development of a case based reporting system, an M&E system and a data management system, including support for testing of lead levels in food, using existing laboratory systems and processes.  Subcomponent 3.2: Support to local income generation and livelihood activities in targeted areas. The component is aimed to introduce income generation opportunities in contaminated areas that would enhance community involvement in addressing environmental health risks. It will provide support to community groups in a form of small grants to organize themselves around productive activities identified in partnership with the private sector in the area, the nature of which will be determined by the beneficiaries based on their demand. The sub-grants will target up to 10 priority communities per year identified in the targeted wards affected by pollution, including support to the efforts of intermediaries and pollution affected people in Kabwe and Copperbelt Province. This will include community-based project implementation and management such as financial and supervisory support to enhance their managerial and technical capacities. Specific attention will be given to women and vulnerable community groups in the target areas and these activities will be relatively small, technically simple, and cost effective, with support for establishing value chain linkages. This sub-component will also support the development of a “local content” policy and associated regulations to encourage the development of local suppliers for the mining sector. Collaboration with the private sector and community stakeholder groups will also be explored. Component IV: 18. Project Management, Monitoring and Evaluation (Estimated US$ 4 million): This Component will cover the cost for project management, implementation and supervision of project activities, administration of procurement and financial management, monitoring and evaluation, and safeguards compliance monitoring. The component will cover cost of a unified Project Coordination Unit (PCU) established under the Ministry of Mines, and three Project Implementation Units (PIUs) set up respectively under MSD, Kabwe Municipal Council and the ZEMA. A Project Management Consultant (PMC) working with PIU would be responsible 6      for preparing, implementing and monitoring approved investments plans in Kabwe and Copperbelt provinces. 19. Anticipated Sub Projects/investments: The anticipated sub –projects have been categorized in 3 broad thematic areas as detailed in table below. The specific environmental and social risk profiles of the sub-projects listed below will be identified once the feasibility study is completed for each sub-project during the first year of project implementation. The detailed component description along with baseline information is provided in Chapter 3. Table 1: Anticipated Sub-Projects/investments Project Category Project Anticipated Sub-Projects Component Component I  Upgrade and Concrete Lining of Kabwe Canal  Tailing Dams (TD) Stabilization/Closure Infrastructure/Construction related  Remediation of hazardous waste sites  Construction of a waste management site  Establishment of recycling sites Component III  Lead pollution treatment Health Interventions program Component III  Community level agro- processing Income Generating  Small scale agricultural support Activities projects  Demonstration/nutrition gardens  Community nurseries  Greenhouses Lessons Learned and Reflected in the Safeguards Approach: 20. The earlier Bank funded Copperbelt Environment Project CEP was assigned Category A and included similar interventions. An Environment and Resettlement Framework was prepared and was satisfactorily implemented for various interventions. This included preparation of various ESMPs. There are a number of lessons from CEP that are incorporated into the design of this project. These include:  Enhanced participation of affected mining communities in planning and implementation of environmental health management interventions: One of the key weaknesses noted in the ICR included lack of public participation and ownership of investments by the local municipal councils. IEG mentioned that “projects such as this, which benefit a prosperous and burgeoning extractive sector, should make a strong effort to ensure that 7      local communities share in the benefits”. Therefore, the proposed project design is built on a participatory approach which requires community development activities to be defined, designed, planned and implemented by the local community groups. The project supports Government’s decentralization agenda, whereby decision making has been devolved to the Municipal councils. The Municipal Councils of Kabwe, Kitwe, Chingola and Mufulira are the implementing agencies for their respective components and will be responsible for designing and implementing activities within their jurisdiction and also be the interlocutors with the local communities for the community development livelihood enhancement activities. The approach increases the complexity of execution of the project and associated costs of project management, but improves stakeholder buy-in and sustainability of activities.  Increasing social inclusion and accountability: Increased sensitization and awareness activities, along with involvement of the Education department to mainstream messages on Lead Exposure are expected to enhance sustainability. The project also has a distinct component for improving livelihood and income generation opportunities for vulnerable sections of community who are also affected by lead pollution, particularly targeting women, widows, single-women headed households etc. The design builds in strong “supply and demand side” governance through increased access to information, improved pollution monitoring, transparency in environmental compliance, in collaboration with ZEMA, RPA, MSD and EITI.  Improving sustainability of investments: The earlier CEP was implemented by the Ministry of Finance with assistance from ZCCM-IH (a then wholly government owned company2), which resulted in poor ownership of results by Ministry of Mines, health or local municipal councils. The proposed project is housed in the Ministry of Mines, which will also include elements of policy intervention and operationalization of an Environmental Protection Funds that will ensure full costing and financing of environmental liabilities associated with tailings and mine closure.  Involvement of a multi-sectoral Bank team: The World Bank’s Independent Evaluation Group (IEG) noted that there were several changes in the task management during CEP. The proposed project involves specialists from 5 sectors – Environment; Mining; Health; Social; and Jobs. The team brings prior experience and appropriate sector knowledge, relevant for the project design, implementation and monitoring. 21. The project also considers lessons from similar remediation project in India, China and Poland. The lessons reveal three key aspects that are relevant for this project design – a) The focus on underlying sector and environmental policies and regulation that regulate the “stock” and “flow” of environmental liabilities; b) the need for strong ownership by sector ministry to lead a rather complex set of institutional, technical and financial challenges; and c) the need to                                                                   2  Since  the  CEP,  ZCCM‐IH  has  sold  40%  of  its  equity  to  private  investors.   ZCCM‐IH  is  now  a  publicly  traded  company  that  is  listed  on  the  Lusaka  Stock  Exchange,  Paris  Euronext  and  London  Stock  Exchanges  under  ISIN number ZM0000000034.  8      focus on simple site specific and localized interventions to demonstrate quick results to generate community buy-in. Safeguards Approach: 22. The project includes a number of activities i.e. a) CDD types of activities under Component III for which screening will be required leading to preparation of ESMP b) Infrastructure investments under Component I such as waste management facility and lining of Kabwe canal and rehabilitation of tailings. The ESMF provides the procedures to address the environment and social risks; however for Component I activities, the site details, including designs are expected to be available in year 2. Therefore the detailed ESIA based on the procedures provided for in the ESMF will be taken up after a prefeasibility and pre-design study is completed which will inform the detailed engineering and ESIA. 23. Construction and rehabilitation of infrastructure, contaminated site remediation, waste management facilities, and livelihood initiatives, may have time-bound negative environmental impacts with possible cumulative effect is expected as they are similar facilities in the area for Tailing Dams and Overburden rock dumps. Potential negative impact are likely to include; loss of vegetation and habitats, increased health risks from working in contaminated sites; increased structural failure associated with stabilization/closure of tailing dams and overburden rock facilities, increased level of noise and dust during earthmoving works, foul odors from waste management activities and possible contamination of surface and ground water. 24. Potential negative social impacts could include; possible conflicts with illegal landfill site scavengers, increased interaction between contractor and the local communities that may lead increased incidences of HIV/AIDS and Sexually Transmitted Infections (STI’s) and potential dissatisfaction with lead treatment program. Since most of the specific project activities and locations have not yet been agreed on, the proposed environmental assessment instrument is an Environmental Social Management Framework (ESMF). The ESMF also includes provisions related to compliance with the World Bank safeguard policies:  OP/BP 4.01 - Environmental Assessment The policy is triggered in relation to construction and infrastructure upgrade, development of solid waste management facilities, natural resources management initiatives, and livelihood activities.  OP/BP 4.12 – Involuntary Resettlement: The policy is triggered for a possibility that there may be temporary impacts on livelihoods due to restriction of access under Component 1 or Component 3, such as closing and rehabilitation of tailing dams, community driven income generation projects; or as part of voluntary in-situ remediation program for backyards of households in contaminated areas, based on voluntary participation by house owners. A Resettlement Policy Framework (RPF) has been prepared, consulted upon, and disclosed prior to project Appraisal. The RPF will guide the development of site specific Resettlement Action Plans, which will be developed as needed during project implementation. The RPF also provides detailed guidelines on processes for undertaking, documenting, and keeping records of voluntary land donations, if any. Rationale for RPF.  OP 4.11 – Physical Cultural Resources: 9      This policy applies to all projects requiring a Category A or B Environmental Assessment under OP 4.01, (i) for any projects involving significant excavations, demolition, movement of earth, flooding, or other environmental changes; and (ii) any projects located in, or in the vicinity of, recognized cultural heritage sites. Projects designed to support the management or conservation of physical cultural resources are individually reviewed, and are normally classified as Category A or B. Institutional Arrangements   25. The project will be implemented by the Ministry of Mines (MoM) in collaboration with the Ministry of Lands, Natural Resources and Environmental Protection (MLNREP), Ministry of Health (MOH), Ministry of Local Government and Housing (MLGH) and ZCCM-IH. The MoM has established a Project Steering Committee (PSC) chaired by the Permanent Secretary – Mines. The PSC comprises the Permanent Secretaries of Ministry of Finance, MLNREP, MOH, MLGH, Central Province, as well as Director General (DG) of ZEMA and ZCCM-IH. A Project Coordination Unit (PCU) has been established at the MoM with a designated Project Coordinator. For the purposes of implementation, three Project Implementation Units (PIUs) with Designated Project Accounts, would be set up at MSD, ZEMA and Kabwe Municipal Council (KMC), who would be responsible for planning, procurement, implementation and monitoring of various activities. The PSC will be mainly responsible for approval of Annual Plans submitted by the PIUs and consolidated by the PCU. The PCU will act as the technical Secretariat for the PSC. A Project Management Consultant (PMC) will provide implementation support to the PCU and PIUs. Specifically PIUs will be responsible for: (a) preparation of procurement plans and the management of the designated accounts; (b) accounting, financial management and reporting on the overall project sub-components; (c) ensuring the execution of the audit of the project; (d) preparation of quarterly financial and technical progress reports; (e) the management of the environmental and social safeguards aspects; and (f) undertaking all procurement and contract management activities for all components. The PCU will have no direct line authority over the PIUs – instead, its role is mainly to facilitate the aggregation of PIU activity for reporting to the World Bank and the PSC and provide services to the PIUs where certain skills may need to be centralized and shared across PIUs. The following chart describes the project management structure. Figure 1: Project Management Structure 10      Results Monitoring and Evaluation 26. The PCU will coordinate with the PIUs at MSD, Kabwe MC and ZEMA to develop data collection, analysis and dissemination mechanisms to generate information on program progress. At the same time, the M&E system will be a means to generate much-needed quantitative and qualitative data on the baseline of contamination and outcomes achieved and resulting from the project level interventions. It is recognized that currently there is a dearth of good environmental health and environmental quality data in several contaminated areas, especially when it comes to demographic and socio-economic changes resulting from exposure to pollution. This undermines the ability of governments to make evidence-based policy decisions on establishing specific health impacts or assigning individual accountability. For this reason, all sub-projects will invest in the generation of new baseline data on diurnal changes in environmental quality and health impacts. Project finances will be allocated to baseline surveys, impact surveys and population profiles of communities affected by lead and other chemical pollution. The project involves improving capacity of MSD, ZEMA and Municipal Councils to monitor the results on the ground in terms of tracking environmental indicators such as quality of water, soil and health. Project-level Monitoring and Evaluation (M&E) systems will be complemented by close World Bank implementation support. The following four types of key environmental and health data would be monitored for evaluation of performance of various interventions: Type of data Data sources Responsible institution Health related: Blood Lead Levels (BLL) Testing of blood samples by local Ministry of Health doctors Pollution-related (ambient pollution): Testing of soil, water and air Zambia Environmental Soil quality ; Water quality; Air quality samples Management Agency (lead) 11      Jobs, livelihoods: People engaged in Project and activity records Project Coordination Unit alternative livelihood activities - Ministry of Mines Compliance-related (pollution point source): Testing of soil, water and air Zambia Environmental Emission (soil, water, air) samples Management Agency 27. Responsibility matrix of institutions during implementation. There are three layer structure for project management – Project Steering Committee (PSC); Project Coordination Unit (PCU); and Project Implementing Units (PIU). The following chart described their responsibilities and accountabilities for Environment and Social Safeguards •Approval of Annual Plans submitted by the PIUs Project Steering  •Quarterly progress review of implementation of various investments Committee (PSC) •Provide advise on environmental governance, mining policy matters  and strategic decisions that impact the project performance •Be the focal point for all monitoring and reporting actions on  environment and social safeguards as per the loan agreement • Raise critical safeguards issues in the meetings with PSC Project Coordination  • Implementation monitoring support for safeguards to PIUs for all  activities Unit (PCU) •Provide project management support to PIUs, such as development  of ToRs; and help with management of safeguards issues •Coordinate on behalf of PIUs all environmental clearances and  approval  from government agencies, i.e.  ZEMA •Responsible for preparation of annual plans of investments for various  Project  activities Implementation Units  • Be responsble for project implementation including , monitoring  and  reporting of progress, and following safeguards procedures as per the  (3 ‐ ZEMA, MSD and  World Bank policies KMC) •Request PCU to organize a meeting of the PSC to discuss any critical  safeguards related risks or technical matters Organogram for Decision Meeting 12      •Prepare ESMP as part of  annual Plans for investments  PCU • Review the annual plans from  PIUs for approval • Undertake regular review  for review and approval by  • Help improve the quality of ESMPs and provide  meeting of the implementation  PSC project management services to the PIUs progress • Organize meeting of the PSCs for presentation by  •Take major policy and strategic  • Provide Progress Report on  the PIUs and and for approval of the annual plans Implementation decisions that impact the  •Organize regular review of implementation and  project performance monitoring of performanmce  for  presenting to  the PSC PIUs PSC 28. Institution arrangement for PIU at Mines Safety Department in Kitwe (PIU-1). The following chart described their responsibilities and accountabilities. Mines Safety Director Project Team Leader (reporting to PSC) Technical Advisory  Committee Implementation  Mining Policy and  Procurement and  Monitoring and  Technical Specialist Environmental Officer Evaluation Specialist 13      Mines Safety Director Project Team Leader (reporting to PSC) Technical Advisory  Committee Implementation  Mining Policy and  Procurement and  Monitoring and  Technical Specialists Environmental Officer Evaluation Specialist 29. Institutional arrangement for PIU at Kabwe Municipal Council (PIU-2). The Project Implementation Unit at Kabwe Municipal Council would be chaired by a Project Team Leader, and supported by a team of specialists responsible for sub component on a) Environmental Infrastructure; b) Health interventions; c) Livelihood interventions; and d) Education and information interventions. The following chart described their responsibilities and accountabilities. Organogram for PIU at Kabwe MC Town Clerk (Project Director) Project Team Leader (Reporting to the PSC) Director Director Housing and District Environmental Finance and Social Services Medical Planning & Budgeting Office (Community Management Developement) Environmental Procurement Monitoring Officer 14      30. Institution arrangement for PIU at ZEMA (PIU-3). The Project Implementation Unit at Kabwe Municipal Council would be chaired by a Project Team Leader, and supported by a team of specialists responsible for sub component on a) Environmental Infrastructure; b) Health interventions; c) Livelihood interventions; and d) Education and information interventions. The following chart described their responsibilities and accountabilities. Organogram for PIU at ZEMA 31. Third Party Monitoring of Environment and Social Mitigation Plans. During the project implementation, the project will apply third-party monitoring tools to ensure the project’s various investments are technically, socially, and environmentally compliant. This will in particular be done by engaging NGO and community during implementation for monitoring of technical, social, and environmental compliance. The budget for environment and social monitoring is included in the project’s M&E budget at PIU level. 15      ENVIRONMENTAL AND SOCIAL METHODOLOGY CHAPTER 2 2.1 Review of Literature Secondary sources of information were obtained through a review of available documents, as well as consultations held with key stakeholders on the Copperbelt, Kabwe and Lusaka. Existing literature was the primary source for describing institutional, policy and legal frameworks. From the literature, all possible envisaged environmental and social impacts were listed and evaluated based on policy and legal requirements using matrices and maps. The data on geology and soils, climate, water resources, biodiversity, human and ecosystems were obtained from existing literature. 2.2 Analysis of Baseline Environmental Data The ESMF recognizes the existence of available environmental baseline information. This data was compiled with the purpose of describing and evaluating the current environmental status of targeted project districts in Kabwe located in Central province, while Chingola, kitwe and Mufulira are located on the Copperbelt province. The baseline information included environmental information relevant to all project components, drawing on existing information from projects in the targeted areas. The description of the baseline environment was based on the following data: • Physical environment: the information collected included geology, topography, soils, climate and ecosystem and hydrology. • Biological environment: data on flora, fauna, endemic and endangered species, critical/sensitive habitats, including protected areas and reserves was collected. 2.3 Site Visits, Workshops and Field Assessments Site visits and field assessments were intended to gather relevant data and information on the ground, as well as to fill gaps identified during literature review. Several site visits were conducted as part of the design process of the project and preparation of the ESMF, to the interventions areas in Chingola, Kabwe, Kitwe and Mufulira as well as in the surrounding districts. Field visits focused both on environmental and social assessments, workshops and stakeholder consultations (Annex 8). 2.4 Analysis of Safeguard Policies and Regulations Projects funded by the World Bank, should fully comply with the World Bank safeguard policies and the legislation in Zambia. The relevance of safeguard policies on this project’s planning and implementation of the components and associated sub-projects in Chingola, Kabwe, Kitwe and Mufurila was assessed. The World Bank Safeguard policies also require compliance to all relevant local, national and international policies and legal requirements. The chapter 3 provides the rationale for triggering the policies. The relevant national polices and legislation have been reviewed in the subsequent chapter 4. In the Zambian context, the Zambia Environmental Management Agency (ZEMA) is the competent authority in the approval of safeguards instruments and post-approval monitoring. Chapter 5 outlines the analytical work, management and monitoring instruments for each of the relevant policies. 1      PROJECT BASELINE INFORMATION CHAPTER 3 3.1 Baseline Information   The Zambian economy has always been dependent on foreign exchange revenue from its extractive industry. Copper accounts for over 75% of export earnings. The decade immediately after political independence saw a collapse in copper prices. State controlled economic policies introduced in the early 1970s had a devastating effect on the Zambian economy. The country experienced a steady decline in its economic performance, with per capita income falling, almost 5% annually from 1974 through the 1990s. The favourable metal prices and the hospitable environment for foreign investment has led to a marked improvement in the economy of Zambia. Baseline information includes description of the current situation in terms of the socioeconomic environment, ecological and physical environment. Zambia is divided into ten provinces namely; Central, Copperbelt, Western, North-Western, Eastern, Northern, Muchinga, Luapula and Southern. The proposed ZMERIP project will be implemented in the Central and Copperbelt Provinces. 3.2 Kabwe and Copperbelt Province Physical Environment The project will be implemented on the Copperbelt Province in Chingola, Kitwe and Mufulira and in Kabwe the provincial center of the Central Province, locations as in figures 1 and 2 below.   Figure 1: Copperbelt Province (Chingola, Kitwe and. Mufulira) Figure 2: Location of Kabwe 3.3 Copperbelt Province The Copperbelt province is one the most developed provinces in the country due to its rich mineral deposits. The province hosts the copper mines that have for years been the main stay of the national economy and have provided over 75% of the foreign earnings. The mines have been the major employers of the Zambian population. Apart from Copper, the province is also endowed with other non-ferrous metals such as cobalt, silver precious and semi-precious stones. The Copperbelt enjoys a fair share of industries in the manufacturing sector. However, the sector, which was prosperous in the 1990s, is experiencing a slump in the supply of locally 2      manufactured products. This zone is highly urbanised, with wage employment (in mining, manufacturing, banking, etc) and trading representing the main livelihood options for most people. Staple food production is minimal. Its characteristic features are the high numbers of retired miners and workers/settlers whose livelihood is trading, sale of clothes and vegetables production. The Mpongwe farming system is found in the rural districts of the province, including Luanshya, Masaiti, Mpongwe and Lufwanyama, where a wide‐range of starch staples including maize, sorghum, cassava and millet are grown. Limited cash crops such as soya beans, cotton and sunflower and, to a limited extent, coffee are also important. The stream water flows without interruption throughout the year and can be utilized for small‐scale irrigation. Development of freshwater fish and aquaculture are also found.3 3.3.1 Topography The gently undulating topography of the Zambian Copperbelt has elevations of 1250 to 1400 m. The proposed projects and subprojects are likely to be implemented within the Kafue River drainage basin, which has a well-developed dendritic drainage pattern. The headwaters of the Kafue River arise at the northern end of the Copperbelt, close to the DRC border. The area is underlain by crystalline and meta-sedimentary rocks of various lithologies and degrees of metamorphism, deposited during the Proterozoic era. The red lateritic soils in the Copperbelt generally have sandy topsoil overlying more loamy clayey subsoil. These soils are susceptible to erosion by water if soil conservation practices are not used. Because of the high rainfall in the Copperbelt, the soils are all strongly leached, have a low reserve of plant nutrients and a low base saturation. The soils are acidic with pH ranging from 5.5 - 6.1, with no discernible change in pH down to a depth of +3 m. The majority of the lateritic soils have a low fertility status. They are only suitable for climatically adapted crops under fertilization and good management4. The high rainfall in the Copperbelt, rather than the soils, has induced vigorous tree growth which permits the establishment of sparse ground vegetation. 3.3.2 Hydrogeology The aquifers on the Copperbelt may be divided into two types, characterised as low yielding aquifers with limited potential and aquifers where flow is mainly in fissures, channels or discontinuities, which in turn may be divided into locally productive aquifers and highly productive aquifers. The low yielding aquifers dominate the area. They consist of Karroo Basalts and older basement rocks, which are represented throughout the Copperbelt. The locally productive aquifers consist of the Lower Roan quartzite, the Muva sediments and the Kundelungu formations, which are also distributed throughout the area. The highly productive aquifers consist of the Upper Roan dolomite and the Kundelungu limestone, which are present in limited parts of the Copperbelt only. Thus, only a small fraction of the study area is covered by highly productive aquifers. The locations of these aquifers are, however, often in the vicinity of urban centres and they may therefore represent a potential source for future urban water supply. As a result of the mining activities there is considerable interaction between surface water and groundwater. Thus, pumping from the mine shafts are in the order of one million cubic metres per day. The constant pumping creates extensive areas of groundwater draw down,                                                                   3  Livelihood Zones Analysis, Mukelabai Ndiyoi & Mwase Phiri, Farming Systems Association of Zambia (FASAZ), Lusaka, Zambia, in consultation with FAO, 2010. 4  http://eusoils.jrc.ec.europa.eu/esdb_archive/eudasm/africa/maps/afr_zm20011_so.htm  3      which significantly affects groundwater recharge. Given the geology of the region, the principal groundwater-quality problems are likely to be pollution problems associated with metal mining. Trace metals such as copper and zinc in particular, but also chromium, nickel, cadmium and arsenic may be present in increased concentrations in groundwater and surface water affected by inputs from mine adits, slimes dams and tailings piles. Parts of the Copperbelt are potentially most vulnerable. 3.3.3 Hydrology The Copperbelt Province is drained by several streams that ultimately discharging their water into the Kafue River, the principal river in the region. The Kafue River originates at the eastern end of the Zambezi – Congo Watershed in the Copperbelt Province, near the country’s border with the Democratic Republic of the Congo and meanders generally southward as it flows close to the Copperbelt mining towns of Chililabombwe, Chingola and Mufulira, and through the outskirts of Kitwe where its tributaries receives multiple contamination sources from mining discharges that contribute to contamination of surface water and stream sediments. It then turns west near the Lukanga Swamp (which it drains). It then turns southwards or south-westwards and flows into the Itezhi-Tezhi Dam reservoir. Afterwards it turns eastwards and travel across the Kafue Flats and into the Kafue Gorge Dam reservoir. From the hydropower station, it flows through the steep Kafue Gorge before joining the Zambezi Main River near Chirundu. It is one of Zambia’s major rivers and its waters are used for irrigation. Located north of Chingola on the Kafue River is the Hippo Pool a protected national monument.   3.3.4 Climate The climate of the Copperbelt Province is controlled largely by the north-south migration of the Inter Tropical Convergence Zone (ITCZ) with seasons. The ITCZ migrates between the equator and the Tropic of Capricorn (23º S) between November and February. In winter, it is located over the northern tropics. The summer rains are brought by the southward migration of the ITCZ, and are characterized by thunderstorms, which are occasionally severe, with excessive lightning and sometimes hailstorms. Total annual average rainfall is approximately 1,309.1mm, with the majority falling during the summer months of November to April. Annual evaporation exceeds the average annual precipitation in the Copperbelt region with an average evaporation of approximately 2,073mm against the average precipitation of 1,309.1mm. On month-by- month basis evaporation exceeds precipitation for three quarters of the year. The mean annual temperature measured is 19.1 °C, experiencing warm to hot summers, reaching 31.9 °C in October and warm winter days, but cold at night. The predominant wind direction in the Copperbelt is northeast to southwest. 3.4 Kabwe Kabwe was once the centre of economic activities in Central Province. However, the closure of the lead mines in 1994, resulted in nearly 1,200 direct job losses and an additional 5,000 jobs by contractors. Other manufacturing industries including the Zambia-China Mulungushi Textiles plant established with Chinese investment in the 1980s, also closed at the beginning of 2007 after suffering huge losses. As the headquarters of Zambia Railways, additional jobs were lost due to the concession of Zambia Railways. The local economic activities such as Kabwe Industrial Fabrics, pharmaceuticals, milling and Dunavant cotton ginning, and leather tanning were directly impacted by the closure of the mine and non-performance of the Zambia Railways. However, the area is slowly awakening economically with the opening of steel factories, expansion of the Lunsemfwa Hydro Power Company, revamping of Zambia Railways, 4      recapitalisation of Sable Zinc Kabwe by Glencoe and the proposed KLRP Copper Cement Plant on the mine site. Kabwe has a well-developed infrastructure system including road and railway networks, schools, hospitals, recreational facilities, and an industrial area.   3.4.1 Climate The town of Kabwe lies in the tropical zone but the climate is governed by its relatively high altitude above mean sea level (in excess of 1,100m. Three climatic seasons are distinguished – a rainy season, a dry cool season and a warm season. The rainy season lasts from about the beginning of November and lasts up until the end of April and is characterized by torrential rains and frequent thunderstorms. The dry cool season begins in the first half of May and continues until the end of August accompanied by breezes. Precipitation during this season is negligible. The warm season lasts from September until the end of December. Rainfall frequently occurs in heavy thunderstorms producing precipitation events of 20 to 40mm. Temperatures are defined by the two distinct seasons. The lowest temperatures occur in June and July when temperatures vary between an average minimum temperature of 9.0ºC and an average maximum of 24.0ºC. The predominant wind direction in Kabwe and around the mining townships is from the southeast direction. During the wet summer months and particularly during storm activity the wind direction may temporarily shift to the west and northwest directions. South-easterly to easterly winds with a speed of 52 m/s most of the times prevails across the area especially during storm events. (African Mining Consultants, 2013) 3.4.2 Topography Kabwe lies on a plateau between 1,180m and 1,210m amsl on a slight but noticeable, NW-SE trending dolomite ridge. The topography of the land to the north and south of the ridge is generally flat and poorly drained with extensive dambos (wetland areas). One of these dambos is the Reed Dambo that forms part of the source of the Muswishi River (African Mining Consultants, 2013). All surface water drains into the Muswishi River, a tributary of the Mulungushi River. The Mulungushi River flows into the Lunsemfwa River which is drained by the Luangwa River the tributary of the Zambezi River. The geology of the Kabwe area is poorly exposed with few rock outcrops, except for the original mineralised kopjes. A stratigraphic record has evolved from exploration work over the last 95 years and can be seen in Table 5-4 below. Rock formations range in age from the Basement Complex (oldest) to the Upper Kundelungu (youngest). The Basement rocks consist of early Pre-Cambrian granite-gneisses and late PreCambrian quartzites. The Basement Complex is estimated to be between 2680 and 2050 million years old. There are three lithotypes present at Kabwe:-  Coarse porphyroblastic gneiss with feldspar porphyroblasts of several centimetres in length, generally growing across the foliation in a groundmass of quartz, feldspar and biotite;  Granoblastic medium-grained recrystallized gneiss of quartz feldspar and biotite; and  Coarse pegmatite gneiss. The granite-gneiss is not exposed in the Kabwe mine area, and the nearest outcrop is 5km east of the mine. Outcrops of late Pre-Cambrian quartzites and schists occur to the south of the mine site. The Katanga Supergroup is solely represented by the Roan Group in Kabwe. It consists of a succession of quartzite and schist overlain by a pelite dominated succession. A metacarbonate unit, Kabwe Massive Dolomite, within the quartzite and schists hosts the lead and zinc deposits. It is also responsible for the Chiwanda deposits which are 6km west of Kabwe. Major structures are developed in a SW-NE orientation in Kabwe, such as the Chitakaka Antiform in the north 5      and the Sebembere and Kabwe Mine Synforms in the northwestern and south-eastern dolomite outcrops respectively (African Mining Consultants, 2013). Figure 3 below shows the Geology of Zambia including areas around the Copperbelt and Central Provinces.   Figure 3: Geology of Zambia including the Copperbelt and Central Provinces 3.4.3 Hydrogeology Kabwe town lies on the boundary of the Kafue and Lunsemfwa watersheds and is underlain by rocks of the Basement Complex. The Basement Complex does not yield significant quantities of ground water. The main aquifer is the Central Dolomite Aquifer, usually referred to as the Makululu Aquifer. The Makululu Aquifer supplies the former mine townships. Domestic water supply for Kabwe Municipality is pumped from Kalulu water field in the west of the Central Dolomite Aquifer. It is supplemented by the Mulungushi dam. The water table fluctuates between 4 and 8m below ground level during the wet and dry seasons respectively. 3.4.4 Hydrology The terrain in the environs of Kabwe is slightly undulating with an altitude of 1100 – 1200 m a.s.l’. Kalulu hill (1223 m a.s.l.) located 10 km north of the town is the highest point in the whole area. The terrain slopes gently from the Kalulu hill in all directions giving rise to a radial drainage pattern consisting of small streams that have their source in this area and form part of the catchment of the Kafue and Lunsemfwa rivers. The major stream in the town is called the Mine Canal into which mine waters from the closed Kabwe Mine (formerly Broken Hill) are emptied. Waters drain from the Mine Canal into large marshes east of the town and then are discharged into the Muswishi River (Czech, 2008). 6      3.5 Flora and Fauna Kabwe and Copperbelt Province Ecologically, the study area falls in part of the Miombo Eco-region which associated with high rainfall, more than 1,000mm/annum and well developed Miombo woodlands. The common vegetation which covered the area before the infrastructure development took place was mainly Miombo woodland made up of Brachystegia boehmi, Brachystegia longifolia, Julbernardia paniculata, and Isoberlinia angolensis. Other associated woodlands are Lake-Basin Chipya, Swamp and Riparian forests found in the Kafue Headwaters. Generally the plant diversity of the Copperbelt province is estimated at between 600 to 700 plants with the woody component representing almost 30%. The ecoregion has suffered extensive deforestation, especially in the highly urbanised areas due to charcoal production and clearing for farming. Mammals Kabwe and the Copperbelt Province being mostly urban and industrialized part of Zambia's lacks wildlife, except rodents and rabbits and in the south-west where in flooded grassland habitats interspersed with miombo woodland. Birds Since the area covers both the plateau and the valley, both waterfowl and woodland bird species are common. Woodland bird species common in the area. A great threat to birds and other biodiversity in general is the continuing erosion of quality and extent of habitats across entire landscapes. The loss and degradation is driven by increasing intensity of human uses of the environment. According to criteria established by Birdlife International, the following list describes the birds recorded in Zambia. However, the project activities are not expected to cause any adverse direct or indirect impacts on existing avifauna population in the project area.  Extinct: none  Threatened: critical: none  Threatened: endangered: White-winged Flufftail, Black-cheeked Lovebird  Threatened: vulnerable: Slaty Egret, Cape Vulture (only a migrant to Zambia), Lesser Kestrel, Taita Falcon, Corn Crake, Wattled Crane, White-chested Tinkerbird (may be aberrant Golden-rumped Tinkerbird), Blue Swallow, Papyrus Yellow Warbler  Near-threatened: Madagascar Squacco Heron, Shoebill, Lesser Flamingo, Pallid Harrier, Black-winged Pratincole, Great Snipe, Chaplin’s Barbet, Grimwood’s Longclaw, Churring Cisticola. Reptiles Reptile species that occur in many part of the Copperbelt Province and Kabwe include representatives of the lizards, chameleons, tortoise and various species of snakes, such black mamba (Dendroaspis polylepis), black-necked spitting cobra (Naja nigricollis), Boemslang (Dispholidus typus), and puff adder (Bitis arietans). The Nile crocodile (Crocodylus niloticus) and water monitor (Varanus niloticus) are also present in some rivers. The map below shows national parks, rivers and lakes across Zambia and the proximity to the project sites in Kitwe – Copperbelt Province and Kabwe. 7        Figure 4: Proximity of National Parks, rivers and lakes to the Kitwe and Kabwe (sourced from http://victoriafalls24.com) Fish The only fish species found are Philander, these are robust species and survive in most aquatic environments. The streams and rivers in the area have a variety of fish species which are caught by fishermen, although the fish stocking levels are low. Common fish species include barbel fish (Clarias gariepinus), red breasted bream (Tilapia rendalli), dwarf bream (Taplochromis philander) and green headed bream. Aquatic Resources The aquatic resources in the vicinity of the project area revolve around the Kafue River, which flows north to south, to the east of the project area, as illustrated on Figure 24 below. The Kafue tributaries responsible for the drainage of the project area are the Kitwe, Uchi and Chibuluma Streams. All of these streams with the exception of the Kitwe Stream which originates in a dambo area, drain from developed areas with inputs from storm water drains, tailings dams and process water effluents from mine operations at MCM and KCM. The fish in the streams and rivers in the Copperbelt area are primarily bream, barbel fish, and catfish and tiger fish. While a detailed survey of aquatic resources has not been carried out for this phase of the work, it is considered that the fish populations are likely to have been threatened by polluted water associated with poor quality discharges from the mine operations. 3.6 Soils The soils in the Kabwe area generally belong to the lixisols soil group. Acrisols and Lixisols are amalgamated lixisol group. Lixisols are located in the drier parts of Kabwe while acrisols are found in the wetter areas. They are characterised by increasing levels of clay with increasing depth in the soil profile. Clay is washed through the profile and accumulates at depth. The soil depth and permeability is usually determined by the underlying rock formations. Soils derived from acidic rocks of the Basement Complex and the Lower Roan schists, are shallow and well drained. These Sandveld type soils are light yellowish brown in colour and sandy, with clay content increasing with depth. Soils derived from the Roan Dolomites, which underlie the 8      Kabwe mine site extend to 30m depth, are less well drained and darker in colour. Both soil types have a sandy-loamy upper horizon and illuviated clay in subsurface horizons. The soils are moderately leached and prone to rapid erosion if left exposed or unprotected. Soils in the low lying dambo areas (wetlands) are clayey, poorly drained and waterlogged during the summer months. One specific dambo area is the Reed Dambo through which the runoff from the mine site is filtered. The geochemical composition of soils is controlled by the spatial influence of mineralisation and laterite development (Lead – Zinc Project, 2013). Three conditions appear to exist in the Kabwe area:- o There is natural lead and metal enrichment in the soils due to gossan development over the deposits in Kabwe; o There is a geochemical anomaly in the soil orientated to the E-W which elongates to the west of the mine site; and o Laterite development occurs at or near the surface on the mine site and continues westward. This encourages the enrichment of heavy metals associated with hydrous oxides of iron, manganese and aluminium. There appears to be elevated lead concentrations where laterite is exposed at the surface. Lead, Zinc and Cadmium Levels in the Dolomite Host Rocks Geochemical analysis of the dolomitic host rocks of the Kabwe area indicates background metal levels of 0.02% lead, 0.1% zinc and 0.005% cadmium. The near surface lateritic soils formed by the tropical weathering and leaching of the limestone rocks are likely to have natural lead, zinc and cadmium levels similar to or lower than those of the host rock. The average crustal abundance of lead, zinc and cadmium in the earth’s limestone rocks is 0.008% lead, 0.0025% zinc and 0.00001% cadmium respectively. The above background metal levels for the Kabwe rocks and the earth’s crust indicate that the lead, zinc and cadmium levels recorded in the near surface soils around the Kabwe mine are elevated. Sources of Metal Contamination Found in the Kabwe Surface Soils The spatial distribution and concentration of metal levels strongly reflect the prevailing east and south-east wind direction. There are three principal sources of metal contamination in soils. All three sources are related to mining activities. These sources are:- o particulate emissions from smelter stacks o fugitive dust from the tailings dumps and plant area, and o dumping of mineralised waste rock Particulates emitted from the Kabwe mine smelter stacks have been deposited onto the surrounding land over several decades and are likely to have affected the health of inhabitants and flora and fauna in the area. Fugitive dust from the dried out leach residue tailings is picked up by strong southeasterly winds and carried into the Kasanda Township area and beyond. Low grade mineralised waste rock has been dumped in the Kasanda Township. Part of the township is built over waste rock. Dumping of waste rock over many years has probably contributed to the elevated metal levels in the surface soils. In 1994 a computer air dispersion model was developed to estimate the extent of air borne particles at Kabwe mine. The computer model was used to predict the ground level concentrations at specified distances from the smelter stacks. Modelling indicated that maximum ground level concentrations (100%) would occur about 800 metres from the base of the stack in a north-westerly direction. At 5,600 metres distance from the stack concentrations dropped to 36% of the maximum level. The computer model confirmed that the highest ground level contamination was likely to occur in the Kasanda Township (Lead – Zinc Project, 2013). 9      Near Surface Soil Contamination in the Kabwe Plant Area In 1994 a geochemical soil survey was undertaken in the Kabwe Mine Plant Area to determine the level of metal contamination there. Soil samples were taken at 40 locations across the site at depths of 0 to 0.1 metres and 0.5 metres. The mean lead, zinc and cadmium surface soil values (top 10cm) were Pb 6.4%, Zn 8.3% and Cd 0.0095% respectively. At 0.5 metres depth the mean metal values were Pb 1.9%, Zn 2.3% and Cd 0.0033%. The results indicate the plant area soils to be heavily contaminated with lead and zinc and to a lesser degree cadmium. The high level of contamination is attributed to plant spills and upsets, leaks, general poor house-keeping, fugitive windblown dust from dumps and stack emissions. Contamination of Stream Sediments Kabwe mine water, plant area surface runoff and plant effluent from the 1940’s until now is discharged into the Mine Canal. The Mine Canal conveys effluent away from the mine area and into the upper Muswishi River which starts several kilometres downstream from the mine site. Solids contained in plant effluent have settled and accumulated in the canal for over 50 years. In the 1980’s and early 1990’s the canal was dredged and the sediments dumped alongside the canal for collection and reprocessing in the plant. Approximately 500 tonnes (about 1,000 tonnes has been collected during ZCCM-IH CEMP programme) of fine sand and silt material has been deposited along the 5 kilometre canal length. In 1994, four samples of dredged material from the canals were analysed for lead, zinc and cadmium content, and their leaching potential. The four sediment samples exhibited higher metal levels than all other waste and soil samples collected across the mine site and surrounding areas (30% lead and 25% zinc). Leachate tests indicated that the zinc is soluble and readily leached from the dredged material. Test results indicated that the lead and cadmium contained in the dredged material had little or no leaching potential. The presence of lead in dredged sediments is still a cause for concern for Katondo and Chowa Township residents living close-by the canal, and children playing in the area (Lead – Zinc Project, 2013). 3.7 Air Quality Copperbelt Province and Kabwe The major sources of air pollution on the Copperbelt and Kabwe are smelters, acid plants and refineries, mining and quarrying, construction, other industries, motor vehicles and forest burning. The major industries that contribute to air pollution include, the smelters at Chambishi, Mufulira and Chingola, Ndola Lime Company and Larfarge Cement, Ndola Works). Others are tanneries and food processing industries. Major pollutants include sulphur dioxide (SO2), oxides of nitrogen (NOx), particulate matter, carbon monoxide (CO), dust, Carbon dioxide, offensive odors and black smoke. However, seasonal variation as well as localized and temporal deterioration in air quality does occur. Grassland and forest fires, charcoal production and traditional Chitemene slash and burn agriculture during the dry season generates smoke and dust. This smoke hangs over the area and forms a distinctive haze. The haze layer is mainly visible from the air and worst during the coolest months (June and July) when temperature inversions tend to trap the smoke near ground level. The haze lasts until the arrival of the rains in November. Localized and temporal air quality deterioration is also associated with village domestic fires. Vehicular emission also contributes to increased air pollution. Charcoal production, bush clearing for agricultural purposes and bush fires are the other major sources of smoke that affects the quality of air in the Copperbelt Province and Kabwe. 10      3.8 Environmental and health impacts linked to copper mining operations in the Copperbelt Copper smelters have been responsible for substantial amounts of Sulfur Dioxide (SO2) emissions into the atmosphere, which have caused acid rain, soil erosion, crop damage and air and water pollution. The contamination from ongoing mining operations, in further aggravated by wind-borne dust particles (from dry tailing dams) resulting in accumulation of metals (copper and cobalt and other elements) in soil. Most of the Copperbelt has 50 times higher concentrations of copper in surface soil than in subsurface samples5, while SO2 concentrations in the air range between 500 and 1000 μg/m, well exceeding the Zambian guideline of 50 μg/m36. Particulate matter less than 10 μm in size (PM10) originating from smelters, and dusting of tailing dams and unpaved roads have left significant environmental impacts resulting from exposure to acidic fumes. It is estimated that in the early 2000s, the total SO2 emissions in Zambia was 346,700 ton/year, of which the mining industry (mostly the copper smelters) contributed to over 98%. Areas northwest and west of the large Nkana and Mufulira smelters have SO2 concentrations between 500 and 1000 μg/m, which exceed the Zambian guideline of 50 μg/m37. This is the case with most residential areas in the Copperbelt cities of Mufulira and Kitwe. The Kafue River has shown highly elevated concentrations (<0.45 µm) of dissolved copper and cobalt within the mining areas. Leaves and roots of cassava and sweet potato grown in the contaminated areas of the Copperbelt contain elevated metal concentrations8, while backyard vegetables gardens are affected by necrosis due to accumulation of heavy metals in the soil and SO2 on plant leaves. A study of SO2 concentrations in flue gases and on the bark of the Australian red cedar in the Copperbelt showed levels of 1,402 µg/m 3 in raw flue gases (exceeding the threshold value of 1,000 µg/m3) at almost 25 km away from the emissions source9. Copper smelting activities on the Copperbelt result in atmospheric emissions between 300,000 and 700,000 tons/year, far exceeding the WHO limit of 125,000 tons/year10. Surface soil samples contain ten 50 times higher concentrations of copper than subsurface samples in most of the Copperbelt. Recent incidents of accidental breaks in leaching tanks of mining companies resulted in over 100 hectares of maize and vegetable crops being destroyed by SO2 emissions along the Kitwe-Chingola roads on the Copperbelt11. Root crops tend to generally contain more lead than leaf or fruit crops. In the less contaminated areas of the Copperbelt, only leaves of cassava and sweet potato contain elevated metal concentrations. However in heavily contaminated soils, even the roots showed high metal concentrations. People residing in some areas in Kitwe on the Copperbelt are unable to grow backyard vegetables gardens, which are being affected by necrosis due to accumulation of heavy metals in the soil and SO2 on plant leaves12. The project will explore interventions to demonstrate livelihood opportunities and treat soils in areas affected by Sulphur dioxide contamination.                                                                   5  Air Pollution on the Copperbelt Province of Zambia: Effects of Sulphur Dioxide on Vegetation and Humans: Ncube et al; School of Mines  and Mineral Science, Copperbelt University, 2012  6  Towards  better  environmental  management  and  sustainable  exploitation  of  mineral  resources  :  Joanna  Lindahl;  Geological  Survey  of  Sweden, July 2014  7  Ibid  8  Ibid  9  Air Pollution on the Copperbelt Province of Zambia: Effects of Sulphur Dioxide on Vegetation and Humans: Ncube et al; School of Mines and Mineral Science, Copperbelt University, 2012 10 Ibid 11 Lusaka Times, January 2013 12 Lindahl: Czech Geological Survey 2007 11      3.9 Environmental and health impacts linked to lead mining operations in Kabwe The old mining town of Kabwe show unacceptably high levels of lead in the soil due to past lead mining in the area. While the closure of several old lead smelters and mining operation in 1994 resulted in loss of employment and income generation opportunities, it also left an unattended legacy of unhealthy environment in certain parts of Kabwe town. The content of lead13 in soil in certain areas is as high as 26,000 mg/kg in most polluted areas and generally land up to 14 km from Kabwe has been found to unsuitable for agricultural purposes14. Studies done in 2003-2006 found median concentrations of high concentrations of lead in catchment areas of Kabwe Kasanda (3008 mg/kg), Makandanyama (1613 mg/kg), Chowa (1233 mg/kg), Mutwe Wansofu (1148 mg/kg), Makululu (870 mg/kg) and Luangwa (507 mg/kg) all exceeding recommended levels for residential areas (< 400 ppm) 15 . The residual environmental health problems in Kabwe are serious due to such widespread lead contamination. It is estimated that tens of thousands of residents (including more than 3,000 children) may be affected by high lead levels in the soil, both from naturally occurring mineralization and the impact of the smelting and reprocessing of existing tailings. The Figure below shows interpolated distribution of lead in soil in Kabwe16.  More recent data from 2015 shows that the situation in Kabwe has not changed in last 5 years. The townships next to the mining areas still have lead levels in soil. Surface soil lead concentrations ranged from 139 mg/kg to 62,142 mg/kg, with a geometric mean concentration of 1470 mg/kg. Of the 339 soil tests, 86 readings (25.4%) showed concentration more than 400 ppm”. Data show that in one affected residential area, Chowa, the lead contamination differ from compound to compound considerably (400-5000 mg/Kg), possibly due to different contamination levels, e.g. use of contaminated soils indoors/outdoors, and/or different past remediation.                                                                   13 Lead is a toxic substance and chronic exposure causes serious negative health effects. Main sources of lead exposure are in general: lead from an active industry, such as mining and smelting via contaminated soil; lead contamination as a legacy of historical contamination from former industrial sites via lead contaminated soils; drinking-water systems with lead solder and lead pipes; lead-based paints and pigments; and lead in electronic waste (e-waste) 14 Ibid Czech Geological Survey 2007 15 Studies undertaken under the previous Bank funded Copperbelt Environment Project (CEP) 16 Baseline study under CEP  12      Figure 5: Interpolated distribution of lead in soil in Kabwe    High lead concentration in soil is reflected in high Blood Lead Levels (BLLs) of Kabwe residents. The dominant exposure pathway for lead has been found to be airborne and from direct ingestion of soil and dust, with extended pathways through groundwater or surface water and irrigated crops. A study done in 2013 indicated mean concentrations of lead and cadmium in tissues of free-range chickens exceeded maximum recommended levels for human consumption in contrast to lower levels in commercial broiler chickens. Atmospheric lead pollution has been found to be a major contaminator of food crops in Kabwe, particularly maize, which is the primary staple food crop grown in backyards. Lead is a silent killer, which results in non-specific clinical conditions such as abdominal pains, neurological symptoms, seizures, anemia, headaches etc. While there is lack of systematic data on health impacts, local health officials in four critically contaminated catchment areas in Kabwe reported high numbers of such clinical conditions, especially in children below 15 years. It is estimated that more than 15,000 residents (including more than 3,000 children) may still be affected by high lead levels in the soil, both from naturally occurring mineralization and the impact of the smelting and reprocessing of existing tailings. Lead contamination17 is particular concerning for young children as it affects cognitive development and can cause serious health problems, including death in serious cases. The public health risks fall disproportionately on the poor, and in particular on the vulnerable population including the women and children who are                                                                     17  Exposure to lead has many known health effects, which include neuropsychological impacts in children (developmental  and  behavioral  problems,  lower  IQ,  attention  deficit  disorder,  learning  problems,  and  anemia)  and  increased  blood  pressure  and  cardiovascular  disease  among  adults,  chronic  kidney  disease,  anemia  and  gastrointestinal  symptoms.  Anemia and gastrointestinal symptoms generally occur at high blood lead levels (BLL), e.g., greater than 60  micrograms  of  lead  per  deciliter  of  blood  (µg/dL).    The  residual  environmental  health  problems  in  Kabwe  are  still  serious  due  to  widespread  lead  contamination.  It  is  estimated  that tens  of  thousands of residents  (including more  than  3,000  children)  may  still  be  affected  by  high  lead  levels  in  the  soil,  both  from  naturally  occurring  mineralization  and  the  impact  of  the  smelting  and  reprocessing  of  existing  tailings.  Air  pollutants,  such  as  SO2  have  a  correlation  with  respiratory  problems.  Children, the elderly and those already suffering from respiratory ailments such as asthma are especially at risk. 13      exposed to toxic pollution and live in poor, degraded and abandoned mining areas. Although acute lead poisoning of young children has been the most immediate and severe consequence, older children, adult workers, pregnant women and their unborn children, and breastfeeding infants are also at risk. Figure 3 - Blood Lead Geometric Mean by Age Group for Each Community in 2007 45.0 Blood Lead (ug/dL) 40.0 35.0 30.0 25.0 20.0 15.0 10.0 5.0 0.0 Chowa Kasanda Katondo Makandanyama Makululu Mutwewansonfu Railways Waya 0-3 4-7     While lead is the primary contaminant of concern in Kabwe, there are also high levels of Cadmium and Arsenic in the soils and sediments in some catchment areas. Studies have indicated levels amounting to about 18.7 and 51.5 mg/kg dry-wt, respectively, which could have potential for poisoning, as the trigger values are higher than internationally recommended guidelines. (USEPA: 35 mg/kg dry weight in sediment and 10.0 mg/kg respectively)18. Lesser but still significant pathways (and problematic) include consumption of water and contaminated foodstuffs. Certain types of plant species are capable of acting as lead pollution pathways, but the quantity of lead uptake varies according to type of plant and species and different root systems and amount of soluble lead available. Root crops tend to generally contain more lead than leaf or fruit crops. Even in areas, like Kabwe, where there is relatively low levels of soluble lead, atmospheric lead pollution is a major contaminator of food crops, particularly maize, which is the primary staple food crop and often grown in backyards . Soils used to make adobe bricks (from ore washing areas) also have the potential of having lead levels as high as 58,900 ppm19. A recent study revealed the presence of large quantities of lead and cadmium in edible organs of free-range chickens in Kabwe, with mean concentrations of 7.62 mg/kg and 3.51mg/kg respectively (exceeding the maximum recommended level of 0.5mg/kg of lead in offal for human consumption and 1.0mg/kg of cadmium in chicken kidneys)20. Mean lead levels in liver                                                                   18  Heavy metal contamination of soil and sediment in Zambia: Ikenaka et al; October 2010  19  Ibid  20  Metal distribution in tissues of free‐range chickens near a lead‐zinc mine in Kabwe, Zambia: John Yabe et al 2012.  14      and kidneys of cattle in Kabwe was found to be 0.42mg/kg and 0.58mg/kg (dry weight) respectively21.   3.10 Socio-Economic Baseline of Kabwe and Copperbelt Province Pop census 2010 Pop projection 2016 Kabwe 1,307,111 1,557,000 Kitwe 517,543 668,668 Chingola 216,626 266,478 Mufulira 162,889 188,444   Headcount Poverty by Province, Zambia 2015 90 82.2 81.1 79.7 80 70 69.3 66.4 70 57.6 56.2 60 54.4 50 40 30 30 20.2 20 10 0                                                                   21  Uptake  of  lead,  cadmium,  and  other  metals  in  the  liver  and  kidneys  of  cattle  near  a  lead‐zinc  mine  in  Kabwe,  Zambia:  John  Yabe  et  al  2011  15      Copperbelt Province: This zone is highly urbanised, with wage employment (in mining, manufacturing, banking, etc) and trading representing the main livelihood options for most people. Staple food production is minimal. Copper mining is the main economic activity in the zone, although due to the recent sale of mines, a number of people have been retrenched and have migrated to other zones however new buyers of the mines are increasing operations in the southern and eastern parts of the zone. Apart from mining other common livelihood activities are charcoal burning and game, the zone has relatively good infrastructure. Central Province including Kabwe: The main characteristics in this zone are the growth of rainfed and irrigated crops. The soils are good and a lot of different crops are grown. Access to agro inputs is good because of the proximity to towns. Access to markets is fairly good. In the south west part of the zone where road infrastructure and the general terrain is poor (Kafue River flat plains), fishing and game form the major sources of food and income. However the north- eastern parts of the zone is characterised by commercial production of maize, cotton, tobacco, sugarcane and grain legumes. The area has good infrastructure, thereby promoting trade. The population is large and livestock diseases are common hazards. Lately the area has been prone to drought. Deforestation is prominent due to charcoal sales and curing of tobacco. Copperbelt Province Copperbelt province covers an area of 31,328km2, representing 4.2% of the total area of Zambia. It forms boundaries with North-western province on the western side and Central province in the south. It also shares borders with DR Congo in the north. Ndola is the administrative capital of the province and administratively, the province is divided into 10 districts, namely: Chililabombwe, Chingola, Luanshya, Kitwe, Kalulushi, Lufwanyama, Masaiti, Mpongwe, Mufulira and Ndola. 16      The population for Copperbelt Province stands at 1,958,623. Of this population 49.7 percent were males and 50.3 percent were females. The average annual population growth rate for the province was 2.2 percent in the 2000 – 2010 inter-censal periods. Table 2: Population Share and Density by District on the Copperbelt (CSO, 2010) Male Females Total Population Population Density District (%) (%) (number) Share persons/ km2 Chililabombwe 51 49 90, 530 4.6 88.2 Chingola 50 50 210,073 10.7 125.2 Kalulushi 50 50 96, 206 4.9 132.7 Kitwe 50 50 522,092 26.7 671.9 Luanshya 49 51 153,117 7.8 188.8 Lufwanyama 50 50 75, 542 3.9 7.7 Masaiti 50 50 102,503 5.2 19 Mpongwe 50 50 91, 765 4,7 11 Mufulira 50 50 161,601 8.3 98.7 Ndola 49 51 455,194 23.2 412.7 Total 50 50 1,958,623 100 62.5 Kabwe Kabwe district is located in the Central Province of Zambia and covers approximately 1,570km2 land area. It is bordered by Chibombo District in the south and Kapiri Mposhi in the north. It lies on the Great North Road 139 km from the capital Lusaka. Central Province is divided into seven districts namely Itezhi Tezhi, Chibombo, Kabwe, Kapiri-Mposhi (Ngabwe district is still affiliated to Kapiri-Mposhi), Mkushi, Mumbwa and Serenje. Kabwe is the provincial headquarters of the Central Province. The Provincial Minister who is assisted by the Provincial Permanent Secretary (the chief civil servant) heads the Provincial Administration. The population of Central Province is recorded as 1,267,803 in 2010, with an annual average growth rate of 2.6 per cent. The population density is estimated at 27.8 persons per km2. Table 3: Population Share and Density by District - Central Province (CSO, 2010) Male Females Total Population Population Density District (%) (%) (number) Share persons/km2 Chibombo 50 50 293,765 22.0 21.9 Itezhe Tezhi 49 51 64,593 4.8 4.0 Kabwe 49 51 202,914 15.2 129.1 Kapiri 49 51 240,841 18.1 14.0 Mkushi 50 50 151,803 11.4 8.6 Mumbwa 50 50 218,328 16.4 10.3 Serenje 49 51 160,152 12.0 6.9 Total 50 50 1,332,396 100.0 27.8 17      WORLD BANK SAFEGUARD POLICIES AND ZAMBIA REGULATORY AND LEGAL FRAMEWORK CHAPTER 4 4.1 Introduction   This chapter reviews the World Bank safeguard policies, national strategic plans and policies, the Environmental Management Act (EMA), ZEMA EIA regulations and other relevant country acts. The World Bank safeguards policies and national legislation apply to all the proposed intervention areas. 4.2 World Bank Safeguard Policies Overview   As a key financing institution, the World Bank is committed to supporting developmental projects, while eliminating or minimizing any adverse impacts or risks on the environment, society and human health. These impacts can be severe or moderate, localized or regional, short or long term. In order to minimize and manage environmental and social impacts, the Bank’s operational policies are triggered and the environmental assessment (EA) is key process of the Bank due diligence. These safeguards provide a mechanism and tools for ensuring integration of environmental concerns and social issues into the planning and implementation of development projects financed by the Bank. The Bank has a total of ten safeguard policies which can be triggered depending on the nature and complexity of the proposed projects or sub-projects. In the context of the proposed mining remediation and improvement project, and the associated sub-projects, two (2) of the ten (10) safeguard policies have been triggered. The table below shows the World Bank safeguard polices that have been triggered to mitigate possible impacts during the project and in associated sub-projects. 18      Table 4: World Bank Safeguards Polices and their relevance to Mining Remediation and Improvement Project Safeguard Policies Triggered Relevance of World Bank Safeguards polices to the mining remediation and improvement project and associated sub-projects Environmental Assessment Yes The majority of the proposed project activities are expected to have mostly moderate environmental impacts, which can be readily OP/BP 4.01 including mitigated through an environment and social impacts assessment process. However, the project was categorized as A, as the Project will Environmental Health and support a number of higher risk activities, such as the closure or rehabilitation of tailing dams; remediation of contaminated hotspots in Safety Guidelines Kabwe; development of solid and hazardous waste disposal facility in Kabwe; and improving the drainage and flow of Kabwe canal. Other planned activities with low to moderate risks include capacity building interventions, lab equipment upgrading, lead poisoning treatment program for target population in Kabwe, and small scale community driven projects in support of environmental health outcomes (nutritional support, income generation small grants). All site specific details and design will be informed through a demand driven and consultative approach. Kabwe displays significant effects on health due to lead contamination, primarily in soil and possibly food. In Copperbelt primary risks include exposure to sulphur dioxide and particulate emissions in the towns of Mufulira, Kitwe and Chambishi. Sulphur dioxide emissions from Mufulira, Nkana, Chambishi and Luanshya smelters. Lack of management of contaminated sites leads to stream siltation. Site-specific ESMPs and ESIAs will be required to be prepared based on procedures outlined in the ESMF once site details are available. The project will include small-scale construction activities which will require preparation and implementation of site-specific Environment, Health and Safety Management Plans. In addition, the World Bank Group Environmental, Health and Safety Guidelines are applicable to the project, with the following specific guidelines to be adopted and utilized by the contractors and other project implementers: general, occupational health and safety, community health and safety, waste management facilities.22 Natural Habitats OP/BP 4.04 No This policy is not triggered in relation to anticipated project activities as there are no evidence of direct or indirect significant impacts on natural habitats, fauna, flora, or biodiversity either due to proximity or due to extended impact during construction and/or operations. Most project areas are in urban/peri-urban areas of Kabwe, Kitwe, Chingola and Mufulira that are not known to have any natural habitats. The project’s consultative approach allows to avoid much as possible projects affecting natural habitats (e.g. by choice of location / alignment of physical investments), as well as screening checklists and relevant mitigation measures to avoid or, if unavoidable, minimize, mitigate, compensate or offset (following the mitigation hierarchy) impacts on fauna and flora and natural habitats. Any sub-projects negatively affecting critical natural habitats will not be considered for financing. Forests OP/BP 4.36 No The policy is not triggered as the loss of natural habitat is not significant. This will be further clarified once feasibility, baseline studies and engineering designs have been finalized. Pest Management OP 4.09 No The policy is not triggered as the possible use of pesticides and fertilizers on the livelihood agro initiatives and greening are negligible.                                                                   22  World Bank Group EHS Guidelines:  http://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/ifc+sustainability/our+approach/risk+management/ehsguidelines  19      Safeguard Policies Triggered Relevance of World Bank Safeguards polices to the mining remediation and improvement project and associated sub-projects Physical Cultural Resources Yes The policy is triggered due to substantial amount of civil works planned under Component 1, however, there are no known objects of OP/BP 4.11 cultural significance identified in the project areas. In addition the ESMF includes the chance find procedures to be used during civil works under Component 1. Indigenous Peoples OP/BP No The Bank policy on indigenous people is not triggered as the proposed project do not have grouping that meet the criteria defined by the 4.10 policy. Involuntary Resettlement Yes The proposed project activities do not include building any major infrastructure that may require displacement or involuntary land taking. OP/BP 4.12 The nature, scope and design of the project interventions provide an opportunity to avoid involuntary resettlement and land acquisition. The project however triggers OP/BP 4.12 for a possibility that there may be temporary impacts on livelihoods due to restriction of access under Component 1 or Component 3, such as closing and rehabilitation of tailing dams, community driven income generation projects; or as part of voluntary in-situ remediation program for backyards of households in contaminated areas, based on voluntary participation by house owners. A Resettlement Policy Framework was prepared as a stand-alone document and was publicly disclosed in Zambia and in the Bank InfoShop. The project will also develop a Social Assessment to identify livelihood enhancement opportunities and support the community based jobs initiatives during the first year of project implementation. Safety of Dams OP/BP 4.37 No The policy is not triggered as the project activities will not (as per para 7 of the OP 4.37) finance any new dam or rely on the performance of an existing dam or a dam under construction (DUC). Projects on International No The policy is not triggered, since the proposed zones of project intervention do not include international waterways. Waterways OP/BP 7.50 Projects in Disputed Areas No The policy is not triggered as the proposed zones of project intervention are not in a disputed territory. OP/BP 7.60 20      4.3 Overview of Relevant Zambian Policies and Plans Zambia has over the past two decades developed a number of policies, plans and legislation to guide private and public institutions to pursue environmentally and socially sustainable development agenda in various sectors of the economy. Environmental and social issues are crosscutting and this is reflected in the various legislative frameworks, policies and legal structures that are in place. This subsequent section outlines some of the policies, plans and current legislation in place that are relevant to the proposed mining remediation and improvement project that will focus on contaminated sites in Kabwe and Copperbelt Province. 4.3.1 Vision 2030 Zambia’s Vision 2030, completed in 2005, is a long-term planning instrument which reflects the collective understanding, aspirations, and determination of Zambia to become a middle income country. The Vision 2030 was developed in response to a 15 year focus on macroeconomic stability and market liberalization which was useful in stabilizing the economy, but did little to address ingrained poverty and socio-economic development. The Vision 2030 signaled a return to development planning and a focus on poverty reduction in Zambia. In the vision 2030 the country envisages that Zambians, by 2030, aspire to live in a strong and dynamic middle-income industrial nation that provides opportunities for improving the well-being of all, embodying values of socio-economic justice, underpinned by the principles of: (i) gender responsive sustainable development; (ii) democracy; (iii) respect for human rights; (iv) good traditional and family values; (v) positive attitude towards work; (vi) peaceful coexistence and; (vii) Private-public partnerships. The vision 2030 principles are relevant to ZMERIP as they show the country’s commitment to;  Respecting human rights, by reducing public health risks for communities near mining sites;  Private – public partnership in order to foster sustainable economic growth and ensuring mining activities do not pose a danger to the environment and the well-being of communities near mining areas;  Peaceful coexistence, by ensuring that mining companies are responsive to the needs of communities in which they operate by applying best practices in mining operations and sustainable mine closure plans.  Mainstreaming of gender into sustainable development by giving opportunities to women on livelihood initiatives. 4.3.2 Revised Sixth National Development Plan (2013-2016) The Revised Sixth National Development Plan (R-SNDP) 2013-2016 is a medium term plan that is primarily aimed at refocusing Government priorities and policies to be in line with the current Government development paradigm. The R-SNDP is primarily an investment plan which focuses on capital investment areas with a bias to rural development and job creation. This approach, therefore, identifies the main growth areas or sectors as Skills Development, Science and Technology, Agriculture, Livestock and Fisheries, Energy, and infrastructural development particularly transport infrastructure while enhancing human development related sectors of Water and Sanitation, Education and Health. The other equally important sectors to stimulate rural development and job creation which are mainly driven by private sector such as 21      Tourism, Manufacturing and Mining will be implemented through the normal recurrent annual budget and Medium Term Expenditure Framework (MTEF). In addition, the Government will also put in place appropriate policy environment for the sectors to thrive. Therefore, the strategic focus of this Plan is to primarily focus on job creation, rural development and promote inclusive growth while investing in human development to take care of macro-economic fundamentals (R-SNDP, 2014). Mining and Diversification The diversification programme away from mining notwithstanding, the Sector still offers prospects for growth of the economy especially as 40% percent of the country remains geologically unmapped. The 60% area geologically mapped so far has seen new mining developments taking place particularly in North-Western Province. In order to ensure continued investment and maximum economic benefits from the Mining Sector, the thrust over the Plan period is to complete the revision of the 1995 Mining Policy and legislation which includes the following: the Mines and Minerals Development Act of 2008; the Petroleum (Exploration and Production) Act of 2008; and the Explosives Act of 1974. These revisions are aimed at facilitating mineral diversification away from copper and cobalt to others which includes nickel, gold, manganese, iron and uranium. The measures are also aimed at facilitating an increase in exploration activities, ensuring sustainable production and management of mineral resources. Additionally, the measures will help in strengthening mechanisms of monitoring production and export so as to improve tax collections from mining activities. The Government will promote an environment aimed at creating a productive relationship between the mines and mine suppliers to contribute to growth of SMEs and job creation. Furthermore, the Sector will focus on human development to increase efficiency and safety of mining operations and promoting value addition through industrial development. The revised policy framework should enable sector expansion of formal employment levels and increase its overall contribution to GDP(R-SNDP, 2014). The R-SNDP is relevant to the mining and remediation project as it seeks to strengthen the environmental governance in Mining sector and compliance through a variety of interventions. This will ensure that best practices in the mining industry are adhered to, mining operation benefit communities in which they operate and activities that pose a risk to pose environmental/health risk are minimized or eliminated. Furthermore, livelihood initiatives will create practical examples on how diversification from mining can be enhanced at household and community level. 4.3.3 Mineral Resources Development Policy, 2013 The Mineral Resources Development Policy has been necessitated by the need to reflect the diversity of operations associated with mining such as mineral prospecting, exploration, mining, processing and metal treatment operations. The policy which is a revision of the 1995 mining policy draws heavily on the vision 2030 for Zambia which provides the blueprint for achieving accelerated growth aimed at raising the standards of living of the people of Zambia. The major challenge faced by the Government is to achieve a strategic re-positioning of the mining sector in order to arrive at a balance that will create a competitive, thriving and sustainable mining industry that contributes to sustainable economic development of the country. Therefore, the formulation of the Mineral Resourced Development Policy will contribute to the creation of a sustainable and orderly mining industry contributing to the economic development of the country (Mineral Resources Development Policy, 2013). 22      The vision of the policy is to have a vibrant, well organized private sector and private-public partnership-led mining sector contributing in excess of 20% towards GDP and sustainable economic development in the country by 2030. In order to realize the vision, the policy objective of the Government for the mining sector are to; (i) Attract and encourage both local and foreign private sector participation in the exploration for and commercial exploitation of the Zambia’s mineral resources; (ii) Facilitate the empowerment of Zambians to become owners/shareholders in the mining industry; (iii) Promote the development of a mining sector that is integrates in the domestic economy and which promotes local entrepreneurship, increased demand for local goods and services and creates employment for Zambians and also promotes value-addition; (iv) Encourage and facilitate orderly and sustainable development of small-scale mining sub-sector in order to enable it contribute to economic development and wealth creation; (v) Achieve a socially and internationally acceptable balance between mining and the biophysical environment and to ensure that acceptable standards of health safety and environmental protection are observed by all participants in the mining sector; (vi) Promote research and development (R&D) and its application in the mining sector; (vii) Encourage mining companies to develop a participatory and collaborative approach to mine planning, development and decommissioning taking into account the needs and concerns of local communities and thereby fulfilling their role as socially responsible corporate citizens; and (viii) Ensure transparency and accountability in the management of mineral resources in the country. 4.3.4 National Health Policy, 2012 The National Health Policy for Zambia seeks to respond to these challenges. It has been developed within the context of the Vision 2030 and has taken into consideration other relevant national, regional and global health related policies, protocols and strategic frameworks, including the Sustainable Development Goals (SDGs). The vision of the national health policy is to have a nation of Healthy and Productive People (National Healh Policy, 2002). The overarching objective of the National Health Policy is to reduce the burden of disease, maternal and infant mortality and increase life expectancy through the provision of a continuum of quality effective health care services as close to the family as possible in a competent, clean and caring manner. Specifically the Government undertakes to: (i) Create awareness through family health promotion that the responsibility for one’s health rests in the individuals as an integral part of the family, community and nation. (ii) Promote awareness among Government employees and the community at large that, health problems can only be adequately solved through multi-sectoral collaboration involving such sectors as Education, Agriculture, Water, Private Sector, including not for profit and faith based organisations (iii) Ensure that the health services are equitably available and accessible to all the people in the country (iv) Train and make available competent and adequate number of human resources to manage health services. (v) Ensure the availability of drugs, reagents and medical supplies and infrastructures. 23      (vi) Promote and sustain public-private partnership in the delivery of health services and regulate practice. (vii) Promote traditional medicine and alternative healing system and regulate the practice. (viii) Ensure that the health sector is financed through diverse, sustainable equitable and cost effective financing mechanisms 4.3.5 The National Decentralisation Policy, 2002 The objectives of Decentralisation in Zambia stems from the need for the citizenry to exercise control over its local affairs and foster meaningful development which requires that some degree of authority is decentralised to provincial, district and sub-district levels as well as Councils, in the background of centralisation of power, authority, resources and functions, which has in turn subjected institutions at provincial, district and sub-district levels to absolute control by the center. In order to remove the absolute control by the center, it is necessary to transfer the authority, functions and responsibilities, with matching resources to lower levels. The vision of Government to achieve a fully decentralised and democratically elected system of governance characterised by open, predictable and transparent policy making and implementation processes, effective community participation in decision-making, development and administration of their local affairs while maintaining sufficient linkages between the centre and the periphery. In order to achieve the Government’s vision, the following policy objectives will be pursued: (i) empower local communities by devolving decision making, function and resources from the Centre to the lowest level with matching resources in order to improve efficiency and effectiveness in the delivery of services; (ii) design and implement a mechanism to ensure a "bottom up" flow of integrated development planning and budgeting from the District to the Central Government; (iii) enhance local political and administrative authority in order to effectively and efficiently deliver services; (iv) promote accountability and transparency in the management and utilisation of resources; (v) develop the capacity of Local Authorities and communities in development planning, financing, co-ordinating and managing the delivery of services in their areas; (vi) build capacity for development and maintenance of infrastructure at local level; (vii) introduce an integrated budget for district development and management; and (viii) provide a legal and institutional framework to promote autonomy in decision making at local level. 4.3.6 National Policy on Environmental Policy (NPE), 2005 Zambia's National Environmental Policy is aimed at promotion of sustainable social and economic development through sound management of the environment and natural resources. The policy seeks, among other things, to: secure for all persons now and in the future an environment suitable for their health and well-being; promote efficient utilization and management of the country’s natural resources and encourage, where appropriate long - term self-sufficiency in food, fuel wood and other energy requirements; facilitate the restoration, maintenance and enhancement of the ecosystems and ecological processes essential for the functioning of the biosphere and prudent use of renewable resources; integrate sustainable environment and natural resources management into the decentralized governance systems and ensure that the institutional framework for the management of the environment and natural resources supports environmental governance in local government authorities; enhance public education and awareness of various environmental issues and public participation in addressing 24      them; and promote local community, NGO and private sector participation in environment and natural resource management. The key principles applicable to the ZMERIP are that: (i) every person has a right to a clean and healthy environment; (ii) every person has a duty to promote sustainable utilization and management of the environment and natural resources, including taking legal action against any person whose activities or omissions have or are likely to have adverse effects on the environment; (iii)women should effectively participate in policy, program and project design and implementation to enhance their role in natural resource use and management activities; (iv) there is need to use natural resources sustainably to support long-term food security and sustainable economic growth; (v) rational and secure tenure over land and resources is a fundamental requirement for sustainable natural resource management; and (vi) trade-offs between economic development and environmental degradation can be minimized through use of EIA instruments and environmental monitoring. For the proposed ZMERIP it is important to recognize the linkage between environment and development. It is also important to realize that the two are not mutually exclusive, but rather complementary. More important for the component on the project whose key objective is integration and provision of sustainable livelihoods, the project should integrate gender, children and other vulnerable groups’ concerns in environmental planning at all levels, to ensure sustainable social and economic development. 4.3.7 National Water Policy, 1994 The National Water Policy of 1994 embraces modern principles of water resources management and endeavors to deal with the challenges of poverty reduction, all aspects of water including resource management, development, and service delivery conforming to the current global and regional trends and the requirements as reflected under the new Sustainable Development Goals that replace the Millennium Development Goals (MDGs). The overall policy goal is sustainable management and utilization of water resources in order to: (i) provide water of acceptable quality and of sufficient quantities, (ii) ensure availability of efficient and effective water and sanitation services that satisfy the basic requirements of every Zambian and; (iii)enhance the country’s natural ecosystems. One of its objectives is to promote public and private sector participation in water resources management, development, supply and conservation. The principles that will guide the management of water resources in and around the remediation and contaminated sites include the following: (i) management, protection and conservation of water resources to be undertaken in an integrated manner; (ii) all people to have access to potable water and sanitation services to reduce incidences of water related diseases; (iii)water resources shall be optimally, equitable and rationally allocated and regulated to ensure sustainable optimal economic returns and social enhancement; (iv) water resources management will be based on the concept of decentralisation and will promote local participation with the catchment as the unit of water management; 25      (v) promote the empowerment of user communities to own, manage and invest in water resources development; (vi) pollution of water resources shall follow the “Polluter Pays” principle to ensure water user responsibility. 4.3.8 The National Forest Policy of Zambia, 1998 This policy aims at promoting sustainable contribution of national forests, woodlands and trees towards improvement of the quality of life in the country by conserving the resources for the benefit of the nation and to the satisfaction of diverse and changing needs of the Zambian population, particularly rural smallholder farmers and entrepreneurs. The policy prevents changes in land-use, which promote deforestation, constrain farm forestry or endanger the protection of forests with cultural or biodiversity or water catchment conservation values, and it also discourages excisions in gazetted forest, except in cases of environment friendly public utility, for which suitable inter-sectoral and local consultations will be established. The policy further recognizes environmental impact assessment as an important tool for new projects as one way of promoting sustainable management of forest resources. The prosed remediation and rehabilitation of contaminated mining sites will require undertaking site specific environmental and social impact assessment of the project areas to ensure that adverse impacts are avoided, minimized or mitigated. 26      4.4 Relevant Zambian Legislation The table below shows an overview of the relevant Zambia legislation, their interpretation and relevance to the ZMERIP Project. Table 5: Relevant Zambia Legislation and Interpretation Legislation Relevance to the Project Interpretation of Legislation Anti-Gender-Based An Act to provide for the protection of victims of gender-based violence; constitute the Anti- The livelihood component on the project will give Violence Gender-Based Violence Committee; establish the Anti-Gender-Based Violence Fund; and priority to vulnerable grouping such as women by Act, 2010. provide for matters connected with, or incidental to, the foregoing. engaging them in income generation activities for improved financial security and independence Citizens Economic An Act to establish the Citizens Economic Empowerment Commission and to define its The livelihood component on the project will provide Empowerment Act, functions and powers; establish the Citizens Economic Empowerment Fund; promote the residents in affected mining communities in Chingola 2006 economic empowerment of targeted citizens, citizen empowered companies, citizen Kabwe, Kitwe and Mufurila opportunities to income influenced companies and citizen owned companies; promote gender-equality in accessing, generation activities. This will further create synergies owning, managing, controlling and exploiting economic resources; encourage an increase in and improved visibility for CBE’s and CBO to access broad-based and effective ownership and meaningful participation of targeted citizens, citizen extra funding from the Citizens Economic empowered companies, citizen influenced companies and citizen owned companies in the Empowerment Fund (CEEC) to grow their businesses, economy in order to contribute to sustainable economic growth; remove social customs, enhance productivity and increased access to the market. statutory provisions or other practices that limit access to any particular gender to skills training that is essential for effective participation in the economic sector; promote the employment of both gender by removing structural and discriminatory constraints that hinder any particular gender from employment opportunities and in so doing ensure equitable income distribution; promote equal opportunity of targeted citizens and citizen empowered companies, citizen influenced companies and citizen owned companies in accessing and being awarded procurement contracts and other services from State institutions; promote Greenfield investment through joint ventures and partnerships between local and foreign investors in order to enhance broad-based economic empowerment; and provide for matters incidental to or connected to the foregoing. Disaster An Act to establish and provide for the maintenance and operation of a system for the Closed and current mining activities in Kabwe and on Management Act, anticipation, preparedness, prevention, coordination, mitigation and management of disaster the Copperbelt province continue to pose an 2010 situations and the organization of relief and recovery from disasters; establish the National environmental health risk to communities that are in Disaster Management and Mitigation Unit and provide for its powers and functions; provide close proximity to these areas. Unstable, poorly for the declaration of disasters; establish the National Disaster Relief Trust Fund; provide for maintained overburden and tailing dams including the responsibilities and involvement of the members of the public in disaster management; contaminated sites if left unmanaged can result in and provide for matters connected with, or incidental to, the foregoing. disasters that are likely to endanger the lives of communities living in close proximity to these areas. The Disaster Management and Mitigation Unit 27      Legislation Relevance to the Project Interpretation of Legislation (DMMU) will help the communities and the project anticipate, prepare and manage disasters should they occur. Employment Act, An Act to provide legislation relating to the employment of persons; to make provision for During project implementation and associated sub 1997 the engagement of persons on contracts of service and to provide for the form of and projects, various individuals will be engaged to perform enforcement of contracts of service; to make provision for the appointment of officers of the multiple tasks. This will require that all contractors on Labour Department and for the conferring of powers on such officers and upon medical the project adhere to the provision of the employment officers; to make provision for the protection of wages of employees; to provide for the control act and the national labour laws. This will be achieved of employment agencies; and to provide for matters incidental to and consequential upon the by creating a conducive work environment, treating foregoing. workers in a humane manner and remuneration is favorable. Environmental A developer shall not implement a project for which a project brief or an environmental impact The various activates to be undertaken on the project are Impact Assessment statement is required under these Regulations, unless the project brief or an environmental likely to trigger environmental and social impact and Regulations, 1997 impact assessment has been concluded in accordance with these Regulations and the Council this will require that site specific environmental has issued a decision letter. instruments be prepared to eliminate or minimize possible impact. At national level, In Zambia the Environmental Impact Assessment (EIA) regulation of 1997 gives guidance, schedules and categories the various project types and the relevant EIA studies to undertaken. It further gives provision on post EIA approval management of projects and guidelines for developing Environmental Social Management Plans (ESMP’s) and Resettlement Action Plans (RAP’s). Environmental An Act to continue the existence of the Environmental Council and re-name it as the Zambia Implementation of the ZMERIP is likely to involve, Management Act, Environmental Management Agency; provide for integrated environmental management and construction, operation, rehabilitation and remediation 2011. the protection and conservation of the environment and the sustainable management and use activities. This may include; lining of canals, of natural resources; provide for the preparation of the State of the Environment Report, remediation of contaminated sites, and rehabilitation of environmental management strategies and other plans for environmental management and tailing dams and overburden dumps and construction of sustainable development; provide for the conduct of strategic environmental assessments of an engineered hazardous waste dump site. This will proposed policies, plans and programmes likely to have an impact on environmental require that a site specific environmental instruments be management; provide for the prevention and control of pollution and environmental prepared in accordance with the provisions of the degradation; provide for public participation in environmental decision making and access to ZEMA EIA regulations. Furthermore, during the environmental information; establish the Environment Fund; provide for environmental audit operational phase of the project, some activities will be and monitoring; facilitate the implementation of international environmental agreements and required to be licensed by ZEMA in accordance with the conventions to which Zambia is a party; repeal and replace the Environmental Protection and 28      Legislation Relevance to the Project Interpretation of Legislation Pollution Control Act, 1990; and provide for matters connected with, or incidental to, the compliance requirements of the Environmental foregoing. Management Act, 2011. Fisheries Act, 2011 An Act to provide for the appointment of the Director of Fisheries and fisheries officers and The contaminated sites on the ZMERIP on the provide for their powers and functions; promote the sustainable development of fisheries and Copperbelt and Kabwe fall within the Kafue River Basin a precautionary approach in fisheries management, conservation, utilisation and development; and its tributaries, including the associated water bodies. establish fisheries management areas and fisheries management committees; provide for the Trade effluent from past and current mining activities regulation of commercial fishing and aquaculture; establish the Fisheries and Aquaculture have continued to affect the water quality affecting both Development Fund; repeal and replace the Fisheries Act, 1974; and provide for matters fish and other aquatic life. There are no specific clean- connected with, or incidental to, the foregoing. up targets for water bodies; however the proposed remediation activities, improved mining regulations and enhanced environmental enforcement on the project will help reduce possible contamination of rives and water bodies. This will help protect the various fish and aquatic species from anthropogenic activities that introduce contaminants into the rivers. Forests Act, 2015 An Act to provide for the establishment and declaration of National Forests, Local Forests, The project is unlikely to involve activities that will joint forest management areas, botanical reserves, private forests and community forests; involve loss of vegetation but will involve re-vegetation provide for the participation of local communities, local authorities, traditional institutions, on the livelihood and rehabilitation subprojects. The non-governmental organisations and other stakeholders in sustainable forest management; selection of saplings and tree species to plant in greening provide for the conservation and use of forests and trees for the sustainable management of and stabilizing contaminated areas will require the forests ecosystems and biological diversity; establish the Forest Development Fund; provide guidance of the Forest Department in line with the for the implementation of the United Nations Framework Convention on Climate Change, provision of the newly reenacted forests act. Convention on International Trade in Endangered Species of Wild Flora and Fauna, the Convention on Wetlands of International Importance, especially as Water Fowl Habitat, the Convention on Biological Diversity, the Convention to Combat Desertification in those Countries experiencing Serious Drought and/or Desertification, particularly in Africa and any other relevant international agreement to which Zambia is a party; repeal and replace the Forests Act, 1999; and provide for matters connected with, or incidental to, the foregoing. Gender Equity and An Act to establish the Gender Equity and Equality Commission and provide for its functions The project will mainstream gender equality into its Equality Act, 2015 and powers; provide for the taking of measures and making of strategic decisions in all spheres project activities to help groupings such as women and of life in order to ensure gender equity, equality and integration of both sexes in society; children that are marginalized and are more susceptible promote gender equity and equality as a cross cutting issue in all spheres of life and stimulate to pollution and the environmental health impacts productive resources and development opportunities for both sexes; prohibit harassment, associated with mining. The livehood component on the victimisation and harmful social, cultural and religious practices; provide for public awareness project will foster income activities that will link women and training on issues of gender equity and equality; provide for the elimination of all forms to social economic activities to help them improve their of discrimination against women, empower women and achieve quality of life. The proposed inclusion of lead blood 29      Legislation Relevance to the Project Interpretation of Legislation gender equity and equality by giving effect to the Convention on the Elimination of all Forms testing, the provision of lead treatment intervention and of Discrimination against Women, the Protocol to the African Charter on Human and People’s food supplements for affected children will also lessen Rights on the Rights of Women in Africa and the SADC Protocol on Gender and the burden on mothers who often bare the strain of Development; and provide for matters connected with, or incidental to, the foregoing. seeking medical attention for their children. Human Rights An Act to provide for the functions and powers of the Human Rights Commission; to provide The proposed remediation activities and capping Commission Act, for its composition and to provide for matters connected with or incidental to the foregoing. sources of environmental health risks in legacy and 1996 current mining areas will help improve the quality of life of residents in the affected areas. These activities will help protect the rights of residents to live in a non- hazardous environment and also create a baseline for future redress should uncontrolled mining activities reoccur. Lands Act, 1964 An Act to provide for the continuation of leaseholds and leasehold tenure; to provide for the During privatization and closure of mines on the continued vesting of land in the President and alienation of land by the President; to provide Copperbelt Province and Kabwe, some mining areas for the statutory recognition and continuation of customary tenure; to provide for the where acquired by private companies and while some conversion of customary tenure into leasehold tenure; to establish a Land Development Fund still remain under the jurisdiction of Government. The and a Lands Tribunal; to repeal the Land (Conversion of Titles) Act; to repeal the Zambia project will focus on mining sites currently owned by (State Lands and Reserves) Orders, 1928 to 1964, the Zambia (Trust Land) Orders, 1947 to the Zambian Government. The selection of areas to be 1964, the Zambia (Gwembe District) Orders, 1959 to 1964, and the Western Province (Land rehabilitated and remediated will be guided by the and Miscellaneous Provisions) Act, 1970; and to provide for matters connected with or provision of the Lands Act with regard to ownership and incidental to the foregoing. title boundaries. Local Government An Act to provide for an integrated three tier local administration system; to define the Project implementation and supervision will involve Act, 1995 functions of local authorities; to repeal the Local Administration Act and certain related laws; the Municipalities on the Copperbelt Province and and to provide for matters connected with or incidental to the foregoing. kabwe that fall under the Ministry of Local Government and Housing. The function of the municipalities are guided by the provision of the Local Government Act Mines and Minerals An Act to revise the law relating to the exploration for, mining and processing of, minerals; Ownership of legacy and current mining areas will be Development Act, provide for safety, health and environmental protection in mining operations; provide for the guided by the provisions of the Mines and Mineral 2015 establishment of the Mining Appeals Tribunal; repeal and replace the Mines and Minerals Development Act. The mining licensing regime of the Development Act, 2008; and provide for matters connected with, or incidental to, the ministry will help develop a dashboard that will show foregoing. Government and privately owned mining sites to eliminate the possibility of trespass and legal implications. The project will focus on remediating and rehabilitation of Government owned contaminated sites, 30      Legislation Relevance to the Project Interpretation of Legislation tailing dams and overburden sites. The Act will further guide the project to operationalize the Environmental Protection Fund (EPF) that will require mining companies to contribute to rehabilitation and mining closure in the area of operation National Health An Act to establish the National Health Research Authority and provide for its functions and The monitoring of lead blood level in the population in Research Act, 2013 powers; establish the National Health Research Ethics Board and provide for its functions and the areas of Kabwe will involve the drawing of blood powers; provide a regulatory framework for the development, regulation, financing and for testing and treatment by administering medication. coordination of health research and ensure the development of consistent health research These medical procedures will require the support of standards and guidelines for ethically sound health research; provide for the establishment of the Ministry of Health and health facilities. Clearance health research ethics committees and the regulation and management of research institutions, and guidance will be in line with the provision of the health researchers and health establishments involved in or undertaking National Health Research Act and administered by the research; provide for the regulation of biological material for health research; provide for National Health Research Ethics Board. ethical approval for the conduct of clinical trials; provide for the use of traditional, complementary and alternative medicines in health research; provide for data management and intellectual property rights in health research; provide for the designation of bio banks; and provide for matters connected with, or incidental to, the foregoing. National Heritage An Act to repeal and replace the Natural and Historical Monuments and Relics Act; to The project will develop a chance finds procedure to Conservation establish the National Heritage Conservation Commission; to define the functions and powers guide contractors on reporting channels and processes. Commission Act, of the Commission; to provide for the conservation of ancient, cultural and natural heritage, The National Heritage and Conservation Commission 1989 relics and other objects of aesthetic, historical, prehistorical, archaeological or scientific NHCC) will be notified should a chance find be cited interest; to provide for the regulation of archaeological excavations and export of relics; and and offer guidance on how such sensitive findings to provide for matters connected with or incidental to the foregoing. should be handled. Non-Governmental An Act to provide for the co-ordination and registration of non-governmental organisations; Non-Governmental Organizations (NGO’s) are some Organisations Act, establish the Non-Governmental Organisations' Registration Board and the Zambia Congress of the major stakeholders on the project, Their 2009 of Non- Governmental Organisations; constitute the Council of Non-Governmental involvement on the project will range from; Organisations; enhance the transparency, accountability and performance of non- information dissemination, educational activities and governmental organisations; and provide for matters connected with or incidental to the livelihood initiatives. This will require that NGO’s are foregoing registered, regulated and adhere to ethical practices set by the Non-Government Organizations Registration Board and The Zambia Congress of Non- Governmental Organizations. Occupational An Act to establish the Occupational Health and Safety Institute and provide for its functions; During the implementation of project activities, Health and Safety provide for the establishment of health and safety committees at workplaces and for the health, personnel involved in remediation, rehabilitation and Act, 2010 safety and welfare of persons at work; provide for the duties of manufacturers, importers and the construction of infrastructure and their operation suppliers of articles, devices, items and substances for use at work; provide for the protection will be required to adhere to best practices with of persons, other than persons at work, against risks to health or safety arising from, or in regards to Occupational Health and Safety. Procedures 31      Legislation Relevance to the Project Interpretation of Legislation connection with, the activities of persons at work; and provide for matters connected with, or and manuals and regular onsite training will be incidental to, the foregoing. undertaken to ensure personnel working on site are conversant with the information contained. The project will ensure that high risk areas are clearly marked with restricted access and the provision of the relevant Personal Protective Equipment (PPE) will be mandatory. Public Health Act, An Act to provide for the prevention and suppression of diseases and generally to regulate all The project will involve the capping, remediation and 1995 matters of public health in Zambia. rehabilitation of contaminated sites. These interventions will reduce public health risks from mining activities in both closed and operational mining sites. The lead blood testing and treatment to be undertaken in areas around Kabwe will set best practices and a baseline for future interventions. It will also build capacity for the Municipalities and agencies like MSD, RPA and ZEMA to ensure that such public health risks are minimized or eliminated in future. Public Procurement An Act to continue the existence of the Zambia National Tender Board and re-name it as the The project will involve the procurement of studies, Act, 2008 Zambia Public Procurement Authority; revise the law relating to procurement So as to ensure works, goods and services and this will require that the transparency and accountability in public procurement; regulate and control practices relating process follow the Zambia Public Procurement to public procurement in order to promote the integrity of, fairness and public confidence in, Authority (ZPPA) guidelines to ensure fairness, the procurement process; repeal and replace the Zambia National Tender Board Act, 1982; transparency, integrity, accountability and promote and provide for matters connected with or incidental to the foregoing public and stakeholder confidence. The process will be further complimented by World Bank procurement polices Roads and Road An Act to make provision for the care, maintenance and construction of roads in Zambia, for During implementation of project activities, they is Traffic Act, 1995 the control of motor traffic, for the licensing of drivers and motor vehicles, for the compulsory likely to be disruption to roads and traffic in surrounding third party insurance of motor vehicles, for the licensing and control of public service vehicles areas. This will be during construction activities and public services, and for other miscellaneous provisions relating to roads and motor traffic. requiring earthworks in close proximity to roads and delivery of materials. Constructors will be required to adhere to set speed limits, undertake works and bulk deliveries away from off pick time and work within the project footprint to minimize intrusion into surrounding areas. 32      Legislation Relevance to the Project Interpretation of Legislation Urban and An Act to provide for development, planning and administration principles, standards and Project implementation is likely to involve Regional Planning requirements for urban and regional planning processes and systems; provide for a framework rehabilitation, remediation and construction activities. Act, 2015 for administering and managing urban and regional planning; provide for a planning These activities are likely to alter the landscape of the framework, guidelines, systems and processes for urban and regional planning; establish a current layout of target areas. The project in democratic, accountable, transparent, participatory and inclusive process for urban and collaboration with the Municipalities in which these regional planning that allows for involvement of communities, private sector, interest groups areas fall will ensure the designs and plans adhere with and other stakeholders in the planning, implementation and operation of human settlement the Urban and Regional Planning of the areas so as to be development; ensure functional efficiency and socio-economic integration by providing for in harmony with the councils expansion master plan. integration of activities, uses and facilities; establish procedures for integrated urban and regional planning in a devolved system of governance so as to ensure multi-sector cooperation, coordination and involvement of different levels of ministries, provincial administration, local authorities, traditional leaders and other stakeholders in urban and regional planning; ensure sustainable urban and rural development by promoting environmental, social and economic sustainability in development initiatives and controls at all levels of urban and regional planning; ensure uniformity of law and policy with respect to urban and regional planning; repeal the Town and Country Planning Act, 1962, and the Housing (Statutory and Improvement Areas) Act, 1975; and provide for matters connected with, or incidental to, the foregoing. Water Act, 1964 An Act to consolidate and amend the law in respect of the ownership, control and use of water; The abstraction or use of water during construction and and to provide for matters incidental thereto or connected therewith. operational activities will be required to be done in a sustainable manner. This will reduce or eliminate incidences of infringing on the rights of other water users to access the resource. Water Supply and An Act to establish the National Water Supply and Sanitation Council and define its functions; The National Water Supply and Sanitation Council Sanitation Act, to provide for the establishment, by local authorities, of water supply and sanitation utilities; (NWASCO) regulates water and sanitation provision for 1997 to provide for the efficient and sustainable supply of water and sanitation services under the water utility companies and municipalities. Proposed general regulation of the National Water Supply and Sanitation Council; and to provide for revenue collection for waste collection utilizing the matters connected with or incidental to the foregoing. existing water billing system will require the involvement of NWASCO. Water Resources An Act to establish the Water Resources Management Authority and define its functions and The areas earmarked for intervention on the Copperbelt Management Act, powers; provide for the management, development, conservation, protection and preservation Province and Kabwe fall within the Kafue Basin 2011 of the water resource and its ecosystems; provide for the equitable, reasonable and sustainable Watershed. Remediation, rehabilitation and effective utilisation of the water resource; ensure the right to draw or take water for domestic and non- enforcement of mining and environmental regulation commercial purposes, and that the poor and vulnerable members of the society have an will ensure that water resources and ecosystems are adequate and sustainable source of water free from any charges; create an enabling protected. environment for adaptation to climate change; provide for the constitution, functions and 33      Legislation Relevance to the Project Interpretation of Legislation composition of catchment councils, sub-catchment councils and water users associations; provide for international and regional co-operation in, and equitable and sustainable utilisation of, shared water resources; provide for the domestication and implementation of the basic principles and rules of international law relating to the environment and shared water resources as specified in the treaties, conventions and agreements to which Zambia is a State Party; repeal and replace the Water Act, 1949; and provide for matters connected with, or incidental to, the foregoing. Zambia An Act to foster economic growth and development by promoting trade and investment in The livelihood component on the project will require Development Zambia through an efficient, effective and coordinated private sector led economic support from the Zambia Development Agency (ZDA) Agency Act, 2006 development strategy; to establish the Zambia Development Agency as a one stop facility that works with various micro and small business which will ensure, among other matters, client focus, dialogue with the private sector and enterprises across Zambia. ZDA will help create create confidence in public sector support for business; to provide for the functions and synergies and connect identified CBO/CBE’s to value powers of the Agency; to attract and facilitate inward and after care investment; to provide chains and board market for their products. and facilitate support to micro and small business enterprises; to promote exports and globalisation; to streamline bureaucratic procedures and requirements faced by investors; to facilitate industrial infrastructure development and local services; to promote greenfield investments through joint ventures and par tnerships between local and foreign investors; to promote and encourage education and skills training so as to increase productivity in business enterprises; to encourage measures to increase Zambia’s capacity to trade and enable business to participate in a competitive global environment; to ensure that the private sector takes advantage of and benefits from international and regional trade agreements; and to provide for matters connected with or incidental to the foregoing. Zambia Wildlife An Act to governing the affairs of the Zambia Wildlife Authority; establish the Department The construction, remediation and rehabilitation Act, 2015 of National Parks and Wildlife in the Ministry responsible for tourism; provide for the activities on the project are likely to affect flora and establishment, control and management of National Parks, bird and wildlife sanctuaries and fauna in the area. Considering most of the contaminated for the conservation and enhancement of wildlife eco-systems, biological diversity and objects sites, overburden dumps and tailing dams have been of aesthetic, pre-historic, historical, geological, archeological and scientific interest in dormant for a long time, possible siting of wild animals National Parks; provide for the promotion of opportunities for the equitable and sustainable is very likely. The project will ensure that all personnel use of the special qualities of public wildlife estates; provide for the establishment, control on site undergo orientation on how to handle the siting and co-management of Community Partnership Parks for the conservation and restoration of of endangered species. ecological structures for non-consumptive forms of recreation and environmental education; provide for the sustainable use of wildlife and the effective management of the wildlife habitat in Game Management Areas; enhance the benefits of Game Management Areas to local communities and wildlife; involve local communities in the management of Game Management Areas; provide for the development and implementation of management plans; provide for the regulation of game ranching; provide for the licensing of hunting and control 34      Legislation Relevance to the Project Interpretation of Legislation of the processing, sale, import and export of wild animals and trophies; provide for the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Convention on Wetlands of International Importance especially as Waterfowl Habitat, the Convention on Biological Diversity, the Lusaka Agreement on Cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora and other international instruments to which Zambia is party; repeal the Zambia Wildlife Act, 1998; and provide for matters connected with, or incidental to, the foregoing. 35      4.4.1 Additional relevant legislation Additional legislation relevant which may be of relevance for components of the project, will be included as it becomes relevant in implementation: (i) Agricultural Lands Act , December 23, 1960 (ii) Decentralization Act, 2013 (iii) Lands Acquisition Act Chapter 189 of the Laws of Zambia, February 10, 1970 (iv) Local Government Act Chapter 281 of the Laws of Zambia , September 16, 1991 (v) National Agricultural Policy, 2004 (vi) National Gender Policy, 2014 (vii) Public Roads Act, 2002 (viii) Town & Country Planning Act Chapter 283 of the laws of Zambia, November 16, 1962 4.5 Complementarity between Zambian Legislation and World Bank Safeguard Policies A comparison between Zambian legislation and the operational safeguard policies the World Bank reveals no significant differences or gaps. There are more similarities than there are differences. The two sets of policies and legislation recognize the importance of environmental and social benchmarks in order to mainstream environmental and social issues in development project, and will play a complementary role in the project. Table 6: Complementary roles of World Bank Polices and Zambian Legislation WB Safeguard Policies Zambian Legislation Envi 4.01Environmental Disaster Management Act, 2010 ron Assessment (1999) Environmental Impact Assessment Regulations, 1997 ment Environmental Management Act, 2011. al Fisheries Act, 2011 Forests Act, 2015 Lands Act, 1964 Mines and Minerals Development Act, 2015 National Health Research Act, 2013 Occupational Health and Safety Act, 2010 Public Health Act, 1995 Roads and Road Traffic Act, 1995 Urban and Regional Planning Act, 2015 Water Act, 1964 Water Supply and Sanitation Act, 1997 Water Resources Management Act, 2011 Zambia Wildlife Act, 2015 4.12 Involuntary Anti-Gender-Based Violence Resettlement (2001) Act, 2010. Disaster Management Act, 2010 Environmental Impact Assessment Regulations, 1997 Environmental Management Act, 2011. Social Gender Equity and Equality Act, 2015 Human Rights Commission Act, 1996 Lands Act, 1964 Local Government Act, 1995 National Heritage Conservation Commission Act, 1989 Public Health Act, 1995 36      There is a need to streamline and harmonize the various pieces of legislation. Currently, the EMA is probably the closest to overarching legislation for environmental planning and protection. This would require the amendment of the other sectoral acts recognizing the EMA as the main legislation. This is achievable because there is coherence and harmony at the broader national level (Vision 2030 and the Sixth National Development Plan). 37      LISTING OF POTENTIAL IMPACT AND MITIGATION MEASURES CHAPTER 5 5.1 Impact Identification, and Mitigation measures During the implementation of the ZMERIP, different types of sub-projects will be prepared and delivered in Chingola, Kabwe, Kitwe and Mufilira. These sub-projects will have different types of negative environmental and social impacts associated with them. In this chapter the ESMF identifies possible impacts and mitigation measures to support the ESMP during project implementation. Issues related to compensation for temporary impacts on livelihoods due to restriction of access or that may arise as a direct consequence of the sub-projects are dealt with separately in the Resettlement Policy Framework. 5.2 Environmental Impacts The proposed sub projects in the 3 broad categories are likely to result into both negative and positive environmental impacts. The table below (Table 9) presents a summary of the social impacts and mitigation or enhancement measures that are relevant to the interventions under the project.     Table 7: Identification of Risks, Impacts and mitigation measures of planned subprojects  Project Category Risk/Impacts Mitigation Measure Responsibility Activities Component I - 1. Upgrade  Increase in quantities of  Waste and debris, including sediments and Ministry of Infrastructural and contaminated soils and vegetation shall be managed and kept in temporary Mines, Upgrade Concrete hazardous materials removed controlled area and transported in a secure manner Kabwe Lining of from canal during dredging for disposal in appropriate disposal facility. Municipal Kabwe process Currently the waste is being disposed in Council and Canal  Generation and poor disposal of unscientific manner which will be stored at PMC with Civil construction waste during secured tailing locations and ultimately disposed works works at the waste management facility when ready. contractor  Possible contamination of neighbouring households lands due to poorly disposed contaminated and hazardous soils  Potential increased exposure  Dust suppression measures will be undertaken and from generation of dust and construction and use of machinery will be noise pollution due to operation restricted to normal working houses. There will of different types of equipment be no excessive idling of construction vehicles at and machinery sites. There will be no open burning of construction / waste material at the site  Safety and security of  The construction areas will be properly community during construction secured with signposting, warning signs, works barriers and traffic diversions. Signages should inform the public of potential hazards. Provision of safe passages and crossings for pedestrians, along with active traffic management. Adjustment of working hours to prevent disruption of pedestrian access and local traffic patterns, e.g. avoiding major transport activities during rush hours or times of livestock movement Community to be     Project Category Risk/Impacts Mitigation Measure Responsibility Activities informed about possible temporary restrictions to access  Occupational health and safety  On the job training of workers and provision of of workers appropriate PPE by contractors; Workers to be sensitized on the dangers posed by HIV/AIDS and the means of prevention; If labor camps need to be set up, proper water supply and waste management systems should be provided  Soil and water pollution from  The contractor shall monitor monthly the soil and operation of machinery water to comply with emission requirements of ZEMA, as required  Potential disturbance to plants,  Construction workers will be sensitized to the animals and bird species within natural physico-chemical and biological and around the project site environment around the project site  Poor maintenance of  The project will ensure that the budget for canal rehabilitated canal could result maintenance and cleaning is included in the in continued blockage which municipality’s annual plan. Residents living along would cause overflow of the canal will be sensitized on the proposed canal contaminated soil and water project and its associated benefits. into neighbouring houses 2. Tailing  Possible contamination due to  Waste and debris, including sediments and Ministry of Dams poorly disposed contaminated vegetation shall be managed and kept in temporary Mines, (TD) and hazardous soils controlled area and transported in a secure manner Mine Safety Stabilizati  Inadequate disposal of for disposal in appropriate disposal facility. Department, on/Closur construction waste Currently the waste is being disposed in PMC and e unscientific manner which will be stored at ZEMA, with Overburde secured tailing locations and ultimately disposed contractor n (OB) at the waste management facility when ready. Rock     Project Category Risk/Impacts Mitigation Measure Responsibility Activities Dump  Generation of dust and noise  Dust suppression measures will be undertaken and Stabilization pollution due to operation of construction and use of machinery will be different types of equipment restricted to normal working houses. There will and machinery be no excessive idling of construction vehicles at sites. There will be no open burning of construction / waste material at the site  Safety and security of  Construction workers will be sensitized or the community during construction dangers posed by HIV/AIDS and the means of works and during operation prevention  Occupational health and safety  The construction areas will be properly secured of workers with signposting, warning signs, barriers and  Soil and water pollution from traffic diversions: operation of machinery  Signages should inform the public of potential  Disturbance to rare plants, hazards (both during construction and operational animals and bird species within phases); MSD and around the project site  Provision of safe passages and crossings for  Loss of Vegetation cover and pedestrians, along with active traffic management secondary-growth forests  Training of workers and provision of appropriate  Loss of habitat for animal and PPE bird species  Increased risks of structural  The site-specific design of for rehabilitation of the failure from earthworks and tailings will include mitigation measures to ensure movement of materials safety of structure, workers and community during  Possible encroachment/ implementation and operations, based, inter alia, conflicts with illegal miners on an assessment of the risks of adverse impacts and developers to communities and assets due to the potential  Reduced structure stability after failure of the structure, including (1) proactive project completion contracts management attention; (2) minimization of waste and the impacts of waste; (3) a conservative approach (including regular safety inspections) where there is risk to human health, property or the environment exists; (4)     Project Category Risk/Impacts Mitigation Measure Responsibility Activities internalization of costs – detailing the full cost of satisfying the requirements of the standard reiterating that this should not be avoided by neglecting safety, health or the environment; (5) assessment of the full life cycle implications, stressing that waste disposal should be seen in the context of the entire mining process, and the need to rehabilitate for sustainable land use after it has ceased.  If labor camps need to be set up, proper water supply and waste management systems should be provided  Adjustment of working hours to prevent disruption of pedestrian access and local traffic patterns, e.g. avoiding major transport activities during rush hours or times of livestock movement  During operational phase, the local government to provide signage and have regular inspections and ensure the land use policies are adhered to (no illegal settlement / construction occurs within the TD area of influence). Construction  Possible contamination due to  Proper design based on international standards Consultant and of Solid Waste poorly disposed contaminated including lining and leachate collection system Kabwe Management and hazardous soils or long and ground-water monitoring Municipal Site and term impact in case of poorly  Community to be informed about the project and Council Hazardous designed facility possible temporary disruption of services Waste Facility  Inadequate disposal of  Waste and debris, including sediments and in Kabwe construction waste vegetation shall be managed and kept in temporary  Generation of dust and noise controlled area and transported in a secure manner pollution due to operation of for disposal in appropriate disposal facility different types of equipment  There will be no open burning of construction / and machinery waste material at the site     Project Category Risk/Impacts Mitigation Measure Responsibility Activities  Possibility of fires or  Dust suppression measures will be undertaken and uncontrolled movement of construction and use of machinery will be leachate during excavation of restricted to normal working houses. There will existing dumpsite be no excessive idling of construction vehicles at  Safety and security of sites community during construction  Construction workers will be sensitized or the works dangers posed by HIV/AIDS and the means of  Occupational health and safety prevention of workers  The construction areas will be properly secured  Soil and water pollution from with signposting, warning signs, barriers and operation of machinery traffic diversions:  Loss of Vegetation cover and  Signages should inform the public of potential secondary-growth forests and hazards disturbance of animal and bird  Provision of safe passages and crossings for species pedestrians, along with active traffic management  Increased security risks and in  Training of workers and provision of appropriate the area and upswing in PPE scavengers  If labor camps need to be set up, proper water  Increased levels of uncollected supply and waste management systems should be solid waste in the neighboring provided communities  Adjustment of working hours to prevent  Temporary loss of earnings by disruption of pedestrian access and local traffic rag-pickers during time of patterns, e.g. avoiding major transport activities construction during rush hours or times of livestock movement  Disruption of physical cultural  Procedures for chance finds included in Annex of property or chance finds ESMF     Project Category Risk/Impacts Mitigation Measure Responsibility Activities Health Testing of  Unsafe practices by healthcare  Healthcare staff involved in blood testing to be Kabwe Interventions blood samples staff by not using PPE or reuse trained in infection control and healthcare waste Municipal to determine of sharps management practices. Council and levels of Lead  Poor practices for mutilation  Existing Healthcare Waste management Plan Ministry of and disposal of sharps prepared under the Zambia Health sector project is Health  Resistance by community considered to be relevant for implementation towards getting tested and under this subcomponent. This HCWMP will be treated redisclosed and will be utilized for training and  Lack of cooperation by health management of infectious waste workers  Community outreach and sensitization programs will precede the commencement of the testing program    Set up a GRM at the community level to receive and address concerns related to testing and treatment methods.       Income Community  Change of land use  Site selection will be in line with the Municipalities Generating level agro-  Generation of waste municipalities’ development plans on the ZMERIP Activities processing project and CBE/CBO’s Small scale  Risk of selecting sites that may  There is no shortage of clean land in the 4 along with agricultural be contaminated municipalities. Site selection for livelihood Forest support activities will screen out any contaminated land Department projects  Varieties not suitable to local conditions and hybrids may  Site Selection will focus on areas already owned increase costs for pest and by the municipalities to eliminate the possibility of Demonstration land acquisition. The project will ensure active /nutrition disease management  Loss of vegetation cover and community participation to create employment gardens and livelihood initiatives. Community indigenous plant species tree nurseries  Increased use of pesticides and  During operation and project implementation, fertilizers environmental management plans will incorporate  Increased abstraction of water, best practices in waste management. for watering nurseries and  The project will ensure active community afforestation activities participation  Alteration of top soil and  the footprint will be restricted to reduce on the loss increased levels of dust of vegetation  Visual intrusion and changes to  During site preparation, members of target the landscape communities will be engaged in site clearance and  Greening of communities and land preparation. residential areas  Dust Suppression will be employed by watering  Reduced levels of contaminated dry areas periodically. dust particulates and improved  Site Selection will take into consideration current public health land use to ensure proposed activities do not alter  Improved Soil Stability the aesthetics and general landscape.  Community tree nurseries and afforestation will give priority to community members to ensure Potential for impacts from they have access to jobs and sustainable plantations in contaminated soils livelihoods. (screening process should mitigate  Greening activities will focus on contaminated this risk) areas to reduce dust levels and reduce public health risks     Project Category Risk/Impacts Mitigation Measure Responsibility Activities  Planting of saplings will be done mostly in the rainy season to reduce on water use. This will be further enhanced by selecting plant species that require less water to survive.  The use of pesticides and fertilizers will be discouraged by selecting plant species that require less industrial chemicals to grow.  Sapling selection will be done in consultation with forest experts to reduce the risks of introducing invasive species.  Planting of saplings will be done mostly in the rainy season to reduce on water use. This will be further enhanced by selecting plant species that require less water to survive. Generic Environmental and Social Management Plan for Waste Management related Investment in Kabwe Town (under Component 1) Potential Impacts Generic Mitigation Measures Monitoring Indicators Responsibility Displaced land uses Involve community in locating project sites and Survey of local population regarding Kabwe Municipal access routes as well as developing practices & land uses Council responsibilities for managing project activities and sites Disruption or destruction of Involve community in locating appropriate Survey of local population regarding Kabwe Municipal sites of cultural, religious project sites and access routes that avoid such problems with culturally sensitive Council or historical importance resources areas Human settlements and land Involve community in locating project sites and Survey of local population regarding Kabwe Municipal uses near landfill and access routes siting of facility Council composting sites     Potential Impacts Generic Mitigation Measures Monitoring Indicators Responsibility Windblown garbage, dust Spread and compact incoming refuse, and Complaints from community Kabwe Municipal and smoke cover with soil, daily Council Increased traffic to/from the Pave access roads, or use water spraying to Complaints from community Kabwe Municipal sites reduce dust Council Odors  Provide for safe ventilation of decomposition Complaints from community Kabwe Municipal gases Council  Spread and compact refuse, and cover with soil daily Containment  Ensure site layout and management practices,  Incidences of illness or disease Kabwe Municipal of water sources including working training, are adequate  Decrease in agricultural Council  Install adequate surface drainage control production measures  Maintain erosion and surface drainage control measures during operations Creation of stagnant  Ensure site layout is adequate for drainage Periodic check for pooling water due Kabwe Municipal water sources  Install adequate surface drainage control to inadequate drainage Council measures  Maintain erosion and surface drainage control measures during operations Creation of stagnant water in Assess ecology of disease carriers in project area  Increase in disease carriers Kabwe Municipal project sites that breed and employ suitable mitigation measures (e.g.  Occurrence of illness or disease Council disease carriers proper drainage) Loss of natural area, Avoid infringing on: Survey land area and community Kabwe Municipal important habitats,  Protected natural areas and wilderness areas for environmentally sensitive Council biodiversity areas/habitats  Critical habitats or areas with significant biodiversity (e.g. wetlands)     Potential Impacts Generic Mitigation Measures Monitoring Indicators Responsibility Soil erosion  Minimize time of exposure of areas cleared,  Degree of erosion Kabwe Municipal graded or excavated Council  Stabilize and revegetate disturbed areas  Install adequate surface drainage control measures  Maintain erosion and surface drainage control measures during operations Potential Impacts Generic Mitigation Measures Monitoring Indicators Responsibility Contamination of surface  Protect water resources by locating landfills:  Complaints from community Kabwe Municipal and groundwater with  Where the underlying soils are relatively  Lower agricultural productivity Council landfill runoff and leachate impermeable, and have a high capability  Increased instances of illness or for containing chemical contaminants (e.g. disease clays)  So that the bottom of the landfill is above the water table  Away and down gradient from surface waters, and groundwater recharge areas sources, whose use could be affected by contamination unless the distance to the receiving water is adequate to dilute and disperse potential contamination  Use a landfill liner (e.g. clay, synthetic)  Collect surface runoff and discharge to safe area  Install test wells at landfill perimeter, and monitor water quality during operations, for early identification and mitigation of emerging adverse effects     CLASSIFICATION OF SUB-PROJECTS, SCREEENING APPROVAL AND IMPLEMENTATION CHAPTER 6 6.1 Subproject Preparation and Approval The identification of sub-projects will be done based on socio-economic, environment and health analysis done under the previous World Bank funded Copperbelt Environment Project. The prioritization of sub-projects under the ZMERIP will be based on further environmental and social analysis, including inputs from public participation to be facilitated during implementation by the PIU’s, Municipalities and CBO’s/CBE’s. Technical guidance and input into preparation of subproject proposals is crucial to ensure that all environmental and social concerns are thoroughly considered from the start of the identification and planning process. The following is an outline of the process that will be undertaken to oversee the subproject identification, preparation, screening, approval and implementation process for infrastructure upgrade, solid waste management, health interventions, nutritional support and agro-projects, natural resources management as well as other sub-projects. The process will be guided by World Bank safeguard policies and the ZEMA Act and EIA regulation in order to address environmental and social management considerations under the project. 6.2 Environmental and Social Screening This section outlines the stages of the environmental and social screening process (the screening process) leading towards the review and environmental approval of any sub-project that will be undertaken on the mining and remediation improvement project. To facilitate environmental and social screening, the ESMF has provided a checklist for subproject screening that will assist stakeholders, proponents and project staff with the identification of environmental and social issues relating to the subproject location and the surrounding environment based on available knowledge and field investigations. Once a subproject/subcomponent is specified for a particular location, the proponent with assistance from the PCU, PIU’s and Municipalities will complete the environmental and social checklist. In some instances, a field appraisal may be required depending on the information in the environmental and social checklist. (Annex 1) 6.2.1 Environmental Screening: A desk appraisal of the planned activities plans, including designs, will be carried out by the PIU’s, Municipalities and target communities. This initial screening will be carried out through the use of the Environmental and Social Screening Form. This form will be completed by the PIUs, with assistance from the PCU. Completion of this screening form will facilitate the identification of potential environmental and social impacts, determination of their significance, assignment of the appropriate environmental category, proposal of appropriate environmental mitigation measures, and conduct any further environmental work, if necessary. Suitably qualified officials will conduct the screening process and if none are available, training will be provided. 6.2.2 Assigning the Environmental Categories and preparing ESMPs: The assignment of the appropriate environmental category will be based on the World Bank safeguard policy categorization and on the provisions of the ZEMA EIA Regulation project schedule, depending on type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. Field appraisals will be required for category A sub-projects and other projects which are deemed to have moderate to significant impacts.     A generic Environmental and Social Management Plan (ESMP) that addresses impacts at all the stages of a sub project cycle (design, implementation and operational phases) is annexed with this framework. As adapted, tt has to be followed during the design, implementation and post implementation/operational phases of a specific sub-project investment. The plan gives the mitigation measures for each sub-project investment that will eliminate/mitigate adverse or negative environmental impacts. However, these plans need to be made site specific for each of the sub-project after undertaking the necessary assessments. The responsibility of handling mitigation measures for various environmental concerns at various stages of the project will be designated to different agencies according to the type and geographical location of the sub- projects. Table 8: World Bank Project Categorisation Category Type of sub-project Safeguard Instrument Category A: The project is using a framework ESMF that includes Applicable to most procedures for undertaking ESIAs. The proposed large Infrastructural subproject under the project will be classified as Category upgrades being A if it is likely to have significant adverse environmental financed under the and social impacts that are sensitive, diverse, or project. unprecedented. These impacts may affect an area broader Normally an than the sites or facilities subject to physical works. Environmental Impact Environmental Assessment for a Category A project will Assessment including examine the project's potential negative and positive an Environmental and environmental and social impacts, compares them with Social Management those of feasible alternatives (including the "without Plan (ESMP) project" scenario), and recommends any measures needed to prevent, minimize, mitigate or compensate for adverse impacts and improve environmental and social performance. TORs will be consulted with stakeholders and ESIA disclosed at locations and in a language and manner which will be easily understood by stakeholders. Category B: A Category B project has potential adverse environmental Applicable to most impacts on human populations or environmentally Income Generating important areas - including wetlands, forests, grasslands, and health and other natural habitats - which are less adverse than those interventions being of Category A projects. These impacts are site-specific; few financed under the if any of them are irreversible; and in most cases mitigation project. measures can be designed more readily than for Category A Environmental projects. The scope of EA for a Category B project may vary Assessment including from project to project, but it is narrower than that of an ESMP or Category A assessment. Like Category A, a Category B Environmental environmental assessment examines the project's potential checklists/simplified negative and positive environmental impacts and ESMPs depending on recommends any measures needed to prevent, minimize, the scale and intensity mitigate, or compensate for adverse impacts and improve of impacts of environmental performance. subprojects     Category C: A Category C project is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required.     6.2.3 Appraisal and Approval of Environmental and Social Work The Environmental Management Act (2011) of the Laws of Zambia read together with Statutory Instrument No. 28 of 1997 provides for Environmental Impact Assessment regulations that classify projects into either the First Schedule or Second Schedule depending on the size, nature and anticipated environmental consequences of a project or sub-project. The Zambia EIA Regulations provide lists of projects or sub-projects proto-types which fall under the two categories, detailed in Annex 4. The completed screening form along with any additional planning reports (e.g. ESIA/ESMP or RAP) is forwarded together with the overall sub-project application to the review authority – PCU. The first step in the approval process is to determine if all the relevant information has been provided, and is adequate. PCU will also check if the beneficiaries and technical team have thoroughly considered all environmental and social issues with regards to the identification of potential adverse effects arising from the sub-project as well as mitigating measures to adequately address negative impacts. If, based on the desk appraisal and field appraisal, national legislation requires further review, PCU will refer the application to the competent approval authority, and ZEMA with recommendations for approval, conditions and implementation supervision (e.g. erosion control, waste management, human safety). The Terms of Reference and the ESIAs should be sent to the World Bank for review and disclosure on Infoshop respectively. 6.3 Public Consultation and Disclosure According to Zambia’s EIA regulations (SI No. 28 of 1997) and World Bank Safeguards Policies, public consultations are an integral component of the EIA requirements, and the Guidelines identify the following principal elements:  Developers are required to conduct public consultations during the preparation of Project Briefs and EIAs.  The Director General of the Environmental Management Agency may, on the advice of the Technical Committee on Environment (TCE), conduct his or her own public consultation to verify the works of a developer.  Formal EIA documents are made available for public review and comments. Documents to which the public has access include Project Briefs, EIA terms of reference, draft and final EIA reports, and decisions of the Director General of the Environmental Management Agency regarding project approval. The Director General, on the advice of the TCE, will develop practices and procedures for making these documents available to the public.  Decision Letter approving projects will be published by the developer and displayed for public inspection.  Public consultations are critical in preparing an effective proposal for the implementation of the project activities. These consultations should identify key issues and determine how the concerns of all parties will be addressed in response to the terms of reference for the EIA, which might be carried out for construction and rehabilitation proposals. The ZEMA EIA regulations provide details concerning the public consultation methods. Such methods include information notices, brochures/fliers, interviews, questionnaires, community meetings and public hearings. In terms of Zambia’s EIA process, public consultation should be undertaken during (i) the preparation of the EIA terms of reference; (ii) the carrying out of an EIA; (iii) Government review of an EIA report; and (iv) the preparation of environmental terms and conditions of approval.     For the ZMERIP, the first step will be to hold public consultations with the local communities and all other interested/affected parties during the screening process. These consultations will be aimed at briefing the communities about the project activities, how the activities will be carried out and what sectors of the environment are likely to be impacted. The public consultations will be done in a participatory manner to encourage the communities to contribute to the screening process. During preparation of the Terms of Reference for an EIA, PIU’s (or a consultant) will consult with ZEMA to ensure that the TORs are comprehensive enough to cover all the sectors of the environment and that they conform to the EIA procedures as outlined in the EIA Guidelines. ZEMA will also ensure that the social and health impacts of the project activities will be adequately covered in the EIA report. In the course of preparing the EIA the consultant will conduct extensive public consultations to attract and capture comments from the stakeholders as well as the communities for incorporation in the EIA report. The stakeholders and communities, including institutions will be asked to contribute to the identification of impacts and to proposed mitigation measures for the negative impacts. They will also be asked to comment on how the positive impacts may be enhanced. When reviewing the EIA report, the Technical Committee on Environment will ensure that the relevant stakeholders, including potentially affected persons, were adequately consulted with regard to the potential impacts of the proposed project activities. Consultation methods applicable to ZMERIP would include workshops, community meetings, public hearings or information notices which would be organized through the district and local authorities. The ESMPs will be subjected to public consultations involving the communities in the proposed project areas and at national level. All safeguards documents (ESMF, ESMP, ESIA, RPF and RAPs, if applicable) prior to beginning of construction works will be made available to the public through the above channels of communication and in the same manner, EIA results would be communicated to the various stakeholders.     SUPERVISION AND MONITORING PLAN CHAPTER 7 Adherence to World Bank and Zambian environmental and social policies and legislation usually raises challenges during the implementation phase of most projects. Therefore, the importance of monitoring is critical to the successful implementation of projects and sub-projects under ZMERIP. The objectives of the environmental and social monitoring plan (ESMP) for the ZMERIP are to: (i) Generate and provide policy makers, decision makers (at national and provincial level), implementers (at district and sub-district and community levels) investors23, financiers and controlling authorities with timely information on the progress being achieved. This monitoring information will enable implementers to make informed decisions regarding appropriate adjustments in the implementation of the sub-projects; (ii) Determine whether the goals and objectives of the mitigation measures on ZMERIP have been achieved. This assessment of performance compares the baseline environmental and social conditions with the actual conditions at the time of monitoring of the projects and sub-projects in order to assess the extent to which the original environmental and social conditions have been restored, improved or made worse; (iii) Ensure that all activities relating to the operation and maintenance are being carried out in a manner that protects the environmental and social conditions without compromising the health and social well-being of the beneficiaries and target communities; and (iv) Ensure, where required, that any changes to ZMERIP ESMPs are made with necessary suggestions for additional training and institutional capacity building in order to improve the performance of the ESMP implementation. Supervision and monitoring is a key component of the ESMP during project implementation. Monitoring should be undertaken during the ZMERIP implementation phase to authenticate the effectiveness of impact management, including the extent to which mitigation measures are being successfully implemented. An ESMP should have the following components:  Compliance monitoring;  Impact monitoring; and  Cumulative impact monitoring. The aim of monitoring would be to: 1. Improve environmental and social management practices; 2. Check the efficiency and quality of the EA processes; 3. Establish the scientific reliability and credibility of the EA for the project; and 4. Provide the opportunity to report the results on safeguards and impacts and proposed implementation of mitigation measures. 7.1 Compliance Monitoring This is to authenticate that the required mitigation measures, which are the environmental and social commitments agreed on by the implementing agency, districts and local implementing                                                                 23  Investors are mainly from the private sector while financiers are bilateral and multilateral donors and MDBs       agencies are being adhered to. A monitoring framework will be developed based on agreed prototype sub-projects as they are specified in the positive list of projects. The MoM with the support of the Misenge will be responsible for undertaking compliance monitoring. 7.2 Impact Monitoring   Monitoring of sub-projects impacts mitigation measures should be the duty of the PCU (MoM/MSD) and the implementing agencies (PIUs). The Environmental and Social Safeguards agreed in the contract specifications should be monitored to ensure that works are proceeding in accordance with the laid down mitigation measures. The MoM and other line ministries and implementing agencies should ensure that the project implementers submit reports on work progress and any challenges in observing the Environmental and Social Safeguards. The monitoring results should form a major part of the reports to be submitted to MoM and ZEMA. 7.3 Cumulative Impacts Monitoring   The impacts of the ZMERIP on the environmental and social resources within the project areas should be monitored with consideration to other developments which might be established or already existing. There should be collaboration between the MoM and proponents of other development projects to compare Environmental and Social Safeguards guiding the individual projects implementation to ensure coordinated and comprehensive management of cumulative impacts. There are two aspects of monitoring in the ZMERIP include; the first aspect takes into account the monitoring at ward and community level (project site) where the project is being implemented and; secondly, at the larger scale for all sub-projects at district and provincial level. 7.4 Annual Monitoring and Reviews Environmental monitoring needs to be carried out during the implementation of the Sub-projects. Monitoring of the compliance of sub-project implementation with the mitigation measures set out in the sub-project’s ESIA/ESMP and/or RAP will be carried out jointly by The PIU’s and Muncipalities with the support of community leaders. Compliance monitoring comprises on-site inspection of activities to verify that measures identified in the ESIA/ESMP and/or RAP are being implemented. One of the monitoring tasks is to ensure that the Contractor is achieving the required standards and quality of work. An appointed environmental consultant will have the responsibility of conducting the environmental inspections. An annual inspection report must be submitted (together with the monitoring report) to WB for review and approval. Annual reviews may be carried out by an independent consultant, NGO or other service provider that is not otherwise involved with ZMERIP. The purpose of the reviews is to:  To assess compliance with ESMF procedures, learn lessons, and improve future ESMF performance;  To assess the occurrence of, and potential for, cumulative impacts due to project- funded and other development activities.     The annual reviews will be a principal source of information to the PCU for improving performance. Thus, they should be undertaken after the annual report on monitoring has been prepared and before Bank supervision of the project.         7.5 Supervision requirement and Environmental and Social Monitoring Plan   Environmental supervision needs to be carried out during all phases including construction, operation and maintenance of sub-projects in order to measure the success of the mitigation measures implemented. Sub-project designs must include a monitoring framework, together with indicators. The monitoring requirements of the ESMF that take into consideration the environmental and social mitigations measures are: i. Mitigations measures outlined in the ESMP are fully implemented in consultation with all stakeholders involved at national, provincial, district, and ward and community levels; ii. Adherence to the policies and legal requirements as outlined in the World Bank, and national legal frameworks; iii. The local people’s expectations and regulations are taken into account; iv. All the stakeholders and institutions involved in implementations of the sub- projects ought to be familiarized with the challenges of identification of impacts and mitigation measures prescribed for each sub-project. An Environmental and Social Management Plan (ESMP) is required for sub-projects that have distinct mitigation measures such as physical works or management activities. The ESMP must be included in the sub-project application 7.6 Monitoring Indicators   The monitoring of sub projects runs according to the following plan: the communities themselves include mitigation mechanisms in the application for a sub project. The mitigation mechanisms are part of the appraisal, and the satisfactory fulfilment of the mitigation mechanisms is routinely monitored. The communities are subsequently trained by the MoM in environmental and social management. The district officers of relevant line ministries from the District Planning Sub- Committee, including Water, Agriculture, Forestry, Fisheries, Environmental Resources, Community Development and the District physical planners have routine contact with the sub- projects and oversee the effectiveness of mitigation mechanisms monthly. Thirdly the PIU performs quarterly monitoring and a final audit at the end of the project cycle. All of this is supported by the environmental and social officers at the MoM Monitoring indicators that show the environmental and social performance of the project, and in particular demonstrating that mitigation measures are working effectively are an important component of the ESMF. The ESMP will be required to contain information on: 1. Nature of project being implemented 2. Environmental and social impacts associated with the project 3. Mitigation or enhancement measures for addressing the identified impacts 4. Indicators for assessing progressing and effectiveness of mitigation or enhancement measures 5. Monitoring schedule outlining the timing and frequency of monitoring the indicators 6. Responsible office or organization to undertake the monitoring. 57        Selected indicators should be measured in units of, for example, time (i.e. duration), frequency (i.e. how often), area or volume (e.g. size of area land used for a specific project), length (e.g. length of canal affected), quantity (e.g. number of persons engaged in environmental health community generated projects). Monitoring of Environmental and Social Indicators The goal of monitoring is to measure the success rate of the project, determine whether interventions have resulted in effective mitigation of negative impacts, or whether further interventions are needed or monitoring is to be extended in some areas. Monitoring indicators (as in table 10 below) dependent on specific project contexts. In most subprojects they are expected to be simple, mostly visual confirmation of environmental mitigation and good housekeeping measures. Table 9: Monitoring Indicators Monitoring level Monitoring Issue Verifiable Indicators Responsibility Adequate dissemination of Record of meetings and Line Ministries , ESMF and stakeholder workshops Consultants and ESMF LEVEL capacity building and World Bank Training Programmes Prepare Environmental and Consultants hired to Line Ministries & Social Impact Assessment prepare ESIA and RAP Consultants Reports Documents PROJECT Environmental Permits Environmental Permits INVESTMENT for sub projects LEVEL Monitoring & Evaluation ESMPs Monitoring Reports Annual Environmental Reports The ESMPs will identify the following:  Monitoring indicators to be measured for evaluating the performance of each mitigation measure  Monitoring mechanisms and methodologies  Monitoring frequency  Monitoring locations  Monitoring budget The specific indicators for each sub-projects will be developed depending on the design of the sub- project. The larger infrastructure projects will specify environmental and social monitoring indicators, which will focus on compliance with design (e.g. lining of the Canal in Kabwe, geotechnical stability of tailings dam walls ; landfill siting, design and lining of cells to avoid 58        groundwater contamination etc.). All of these will be verified by the engineer/planners monitoring. It is important to measure the overall success of sub-project in terms of the planned mitigation measures and determining whether the desired environmental and social performance is being achieved. 7.7 Environmental and Social Safeguards Monitoring Responsibility The MoM will have the overall responsibility for coordinating and monitoring implementation of the ESMF. In addition, this will include conducting sensitization programmes to inform stakeholders about the framework and how it is to be implemented in the context of stakeholder participation. 7.7.1 National level The implementing agency will be responsible for the overall environmental and social monitoring of the sub-projects through various implementing structures. The PCU will have the overall decision making responsibility regarding the monitoring outcomes of the sub-projects, including approval of work plans and budgets relating to activities. The PCU will be charged with the day- to-day national level management of the project, and will be strengthened to be able to do so. Therefore, the PCU will be responsible, coordinate and monitor implementation of the ESMF and the Environmental Management Plans. 7.7.2 Provincial, District and Local Levels The sub-components will be coordinated and under the responsibility of the MoM and the PIUs (MSD, ZEMA, Kabwe and MoM with support from the Municipal Councils of Kitwe, Chingola and Mufulira). These local institutions will equally be expected to report of their monitoring and implementation of the respective sub-projects. In this case, the District Councils and/or Local Area Committees will be encourage to use the community monitoring participation approach to come up with all-inclusive monitoring report. The MoM in consultation with the PIU’s will facilitate annual assessment of the sub-projects in both Kabwe, Mufulira, Kitwe and Chingola. 7.7.3 District level The sub-projects monitoring will be implemented by the relevant stakeholders in different locations. Although the PIU is hosted under the MoM, the ZMERIP recognizes the need for stakeholder participation for monitoring at various levels. These include among others local authorities, Government Agencies, Non-Governmental Organizations, Private Sector Organizations, Civil Societies and Development Partners. Successful implementation of the ESMF, the EMP and the monitoring plan will require input, expertise and resources from all the key stakeholders. It will also require the participation and involvement of the local people and the Local Leaders. Therefore these key stakeholders would need to collaborate in sub-project monitoring at all levels including at national, district and local levels. 59        INSTITUTIONAL CAPACITY FOR THE ESMF IMPLEMENTATION CHAPTER 8 8.1 National stakeholders It is expected that the following institutions will play an active role in various components of the implementation of the ESMF on the ZMERIP: 8.1.1 The Ministry of Mines and Mineral Development: Policy decisions within the Ministry of Mines are made by the Minister, assisted by the Deputy Minister. The chief executive in the ministry if the Permanent Secretary who directs four statutory departments - Geological Survey, Mines Development, Mines Safety and Headquarters, the latter being devoted to administrative matters. The main PIU on the ZMERIP project and the Project Coordinator and his support team will be housed at the MoM. The ministry will be hosting a World Bank funded project for the first time and does not have a dedicated safeguards unit. Safeguard monitoring and compliance will however be complemented by the Project Management Consultant – Misenge Environmental and Technical Services who have a worth of knowledge and expertise having been involved on the previous World Bank funded project the Copperbelt Environmental Project (CEP) (2003 – 2011). Mine Safety Department (MSD): - The roles of the department are to provide geological, geophysical, and geochemical data on a country-wide basis, to prospect on behalf of Government, to act as a national depository of all information relating to the geology of Zambia, and to provide support and advisory services to the public. The department also analyses stream-sediment, soil, and rock samples for selective suites of trace elements and has generated data for approximately 30% of Zambia. The Mines Safety Department is divided into four technical sections - Mining, Explosives, Machinery and Environment. These sections variously enforce the relevant legislative and statutory instruments, formulate new legislation and regulations, and evaluate all aspects of safety in mining operations. The MoM manages the EPF facility under the auspices of the MSD. The Capacity built during the CEP for managing the EPF will need to be strengthened to enable the department to effectively manage the EPF facility and offer technical advice and training, and offer exemptions from the relevant regulations where appropriate 8.1.2 The Ministry of Finance (MoF) The Ministry is charged with economic, national development planning and budgeting, and financial management responsibilities. The Ministry is headed by a Minister assisted by a Deputy Minister. The administrative and technical team is headed by the Secretary to the Treasury assisted by two Permanent Secretaries, namely Permanent Secretary. As the ministry is responsible for coordinating national planning and economic management, mobilizing and managing public resources in a transparent and accountable manner for sustainable national development, it will be a channel through which funds from the WB will be transmitted to the MoM. The previous mining project, the CEP was housed in the MoF and the management of finances on other World Bank funded projects and technical assistance has further enhanced capacity of the Ministry. They is however room to enhance capacity for the ministry to effectively and efficiently carry out its role and support the ZMERIP project. 60        8.1.3 The Ministry Of Local Government and Housing The Ministry is charged with the administration of the local government system and will ensure that the people in the project areas are provided with the necessary municipal services. The Ministry of Local Government and Housing, is multi-functional in nature and oversees the implementation of delegated functions and responsibilities by the local authorities by managing the social, economic and political spheres of governance. According to the Government Gazette no 547 of 2004, the ministry is responsible for Co-ordination of Local Government Administration, Regulation and provision of social amenities, Urban Planning and Regional Planning, Valuation of property, Chiefs Affairs and House of Chiefs, Water Supply and Sanitation, Provision of housing, Provision of municipal infrastructure services and support services, Co- ordination of the implementation of the National Decentralisation Policy, and Provision of feeder, community and urban roads. In line with decentralization policy that involves the devolution of certain responsibilities from the central to local Government to Municipalities and local authorities. Institutional Capacity in the Municipalities on the ZMERIP project will need to be enhanced to ensure the Objective of the ESMF are being achieved. The four municipalities namely Chingola, Kabwe, Kitwe and Mufurila that will be involved on the project have no previous experience is the hosting of a PIU and implementing a World Bank funded projects. Considering their institutional arrangement has a strong environment health department, this will be a starting point in helping them build capacity for implementing the ESMF. 8.1.4 Zambia Environmental Management Agency: The mandate of Zambia Environmental Management Agency (ZEMA) formerly called Environmental Council of Zambia (ECZ), is drawn from the Environmental Management Act (EMA) No. 12 of 2011. ZEMA plays a regulatory, advisory, consultative, monitoring, co- ordination and information dissemination role on all environmental issues in Zambia. ZEMA was a beneficial and participant in the World Bank Funded project, the CEP that closed in 2011. This institution however, has regulatory and policy gaps and low staffing levels to adequately support project implementation and provisions of the ESMF. The ZMERIP project will need to help build capacity of the institution to improve effectiveness of monitoring, compliance, enforcement and public disclosure of environmental information. 8.1.5 Radiation Protection Agency (RPA) The Agency’s mandate is drawn from the Ionizing Radiation Protection Act number 16 of 2005 which provides for the protection of the public, workers and the environment from the harmful effects arising from the use of devices or materials that produce ionizing radiation. The institution has no previous experience working on World Bank funded project and continues to have constraints with staffing and equipment. The institution no dedicated staff or unit for safeguards that can support ESMF implementation. The ZMERIP project will seek assist RPA the institution build capacity and also enhance their role in identification and mapping of health risks in critical residential areas where exposure to radioactive waste material may be high. 61        8.2 Civil Society Organisations   To facilitating communication, the involvement of the relevant NGOs in the project is cardinal. These use interpersonal methods of communication, and study the right entry points whereby they gain the trust of the community they seek to benefit. Nongovernmental organizations and training institutions may need assistance to increase their capacity in addressing environmental issues related to the mining sector. NGO will have the advantage of selecting particular places for innovative projects. They would also have a good idea of the feasibility of the projects they take up. Training institutions and NGOs can develop a technical assistance and training capacity and use this to assist both CBOs and the government. Non-Governmental and Civil Society Organisations are active in the areas of the project, and will provide important capacity in the implementation of the ESMF. Under the coordination of the PCU NGOs will be active partners in the ZMERIP regularly participating in ZMERIP workshops and site visits, and at the district level as facilitators of community initiatives. 8.3 Vulnerable Social Groups   The current HDI Gender Inequality Index (GII) value for Zambia is 0.752, giving it a rank of 124 out of 138 countries (based on 2008 data). Women are disadvantaged on three dimensions, reproductive health, empowerment, and economic activity. Female participation in the labor market is currently 60% compared to 79% for men. The elderly, both men and women, some men- headed households and the chronically ill are also highly vulnerable. Rural youth are included in this group because they can be particularly disadvantaged in isolated parts of the Copperbelt, where they face high levels of unemployment, and few alternative livelihood options to farming. In general, the prevailing high disparities in economic and social standing between these vulnerable groups and the remaining population make it imperative to design targeted interventions to the benefit of the most vulnerable. It is important that at the earliest stages of community engagement, facilitators assist communities in identifying vulnerable sections of their society and indicate how such groups will benefit from the proposed sub-project. Typical vulnerable social groups may include women-headed households; widows and elderly (both men and women); rural youths; and people living with HIV- AIDS or caring for HIV-AIDS patients and orphans. These vulnerable social groups will be particularly targeted by the ZMERIP. Given the weak capacity at the sub-district level, NGO partners working with the ZMERIP will need to provide substantial capacity building to these vulnerable stakeholders, including helping them form support groups and assist them in accessing better services and livelihoods. 8.4 Private Sector   The participation and role of private sector partners in the project is important due to the scale of operations, employment opportunities and their significant contribution to the GDP of Zambia. Private sector stakeholders range from large corporate, small and medium enterprises, to farmers. 62        given the right incentives and information, the private sector have the potential to play leading roles in promoting innovative technologies, providing financial services and for market linkages for products. Private sector actors in the project areas could also be engaged in supporting environmentally sound practices. Relevant private sector players that exist in the project areas include Mopani Copper Mines plc and Konkola Copper Mines plc. Mopani Copper Mines PLC is a Zambian registered company owned by Carlisa Investments Corporation and ZCCM-IH. Minority shareholders are spread throughout the world, in various locations. Konkola Copper Mines is also a copper mining and smelting company in Zambia.    8.5 Capacity Building Requirements   The main stakeholders for implementation of the ESMF are the line ministries, in particular the district representatives, the District Councils and District Planning Sub-Committee. Capacity building will be provided based on the needs of the specific actors. Planning, designing and implementing of the ZMERIP programs and sub-projects in the target districts require an understanding of the environmental, social impacts and mitigation measures at community ward and district levels. Training events focusing on these thematic areas will take the form of courses, workshops and specific seminars at national, provincial and district level. Where necessary awareness campaigns may be used to complement or reinforce the trainings. Specific workshops on the ESMF/RPF and relevant World Bank safeguard policies triggered by this project will be organized for all key stakeholders. As a similar project (CEP) was implemented on the Copperbelt there is extensive knowledge on environmental and social safeguards, and how to apply standards to sub-projects. As the PCU has established new PIUs, training on application of safeguards to sub-projects will be conducted for new staff. The technical staff in District Planning Sub Committee will be trained in World Bank safeguards requirements and the agreed requirements and procedures in this ESMF, in order to routinely support and monitor sub-projects. The following additional training topics are proposed: 1. Environmental and social Screening Process and Checklists 2. Zambian EIA Procedural Frameworks 3. Preparation of Terms of Reference for ESIA 4. Preparation of simplified ESMP for sub-projects 5. Environmental and Social Clauses in Contractors’ contract and bidding documents The environmental and social safeguards personnel working with the PIUs will subsequently have sufficient knowledge and understanding of the implementation of relevant World Bank policies triggered by the project. The awareness creation, capacity building and training workshops will focus on (a) strengthened institutional coordination; (b) improved information for decision makers; and (c) targeted awareness creation. The target group will consist of selected officers directly involved in the implementation of the ZMERIP 63        Table 10: Capacity Building Requirements Entity Responsibilities under Capacity building requirements ESMF Ministry  screening of sub-projects  For new PIU: workshops on the of Mines  monitoring of compliance and ESMF/RPF and relevant World Bank and implementation of mitigation safeguard policies Minerals mechanisms  Environmental and social Screening Process Develop and Checklists ment  Zambian EIA Procedural Frameworks  Preparation of Terms of Reference for ESIA  Preparation of simplified ESMP for sub- projects  Environmental and Social Clauses in Contractors’ contract and bidding documents Local  desk and field appraisal of the  Workshops on the ESMF/RPF and relevant Authoriti sub-projects World Bank safeguard policies es(KCC,  monitoring and supporting  Environmental and social Screening Process MMC, communities on a monthly and Checklists CMC) basis in the implementation of  Preparation of simplified ESMP for sub- the projects and projects implementation of mitigation  Monitoring of sub-projects mechanisms NGO/CB  facilitate subproject  Participatory Rapid Appraisal methodology Os implementation process, and training of trainers including facilitation of  Workshop on the ESMF/RPF and relevant applications with World Bank safeguard policies, including environmental and social SGBV prevention mechanisms safeguards assessments and mitigation mechanisms Communi  oversight of implementation  Participatory Rapid Appraisal process for ties and of Subprojects, including community decisions on CDD project Wards environmental and social  Basic environmental and social mitigation mechanisms safeguards , training, including monitoring 8.5.1 Safeguard Compliance in Participatory Project Planning, Implementation and Community Engagement Community driven projects and community ownership are essential in ensuring compliance to environmental and social safeguards. Based on various levels of interactions and consultations with communities in the target districts and lessons from on-going similar projects, it is notable that public sector institutions service delivery does not adequately meet communities’ expectations. In such cases, NGOs, CBOs and to some extent private sector players have attempted to fill the gap left by public sector institutions in providing support services and undertaking capacity building interventions for the communities. 64        These support and capacity services are critical in empowering communities to take responsibility for their own development through planning and managing their own projects – in this case, projects and sub-projects that promote local integration of affected and targeted communities. When communities get empowered in this way, it follows that they will take greater responsibility for the ensuring compliance to environmental and social safeguards. Specific courses and participation meetings will be arranged between communities and District Officers, NGOs/CBOs and the private sector representatives. The following training topics are proposed: • Avoiding and Mitigating Environmental and Social Impacts in Community Planning • Establishing and enforcing Community Rules for Safeguarding • Community Development Planning and Responsibilities • Defining Sustainable Development Projects • Inclusion of Vulnerable Groups in Community Planning and Projects • Conflict Resolution in Community Decision Making • Roles and Responsibilities of District Councils and Community in Safeguarding and Conflicts The stakeholders in the implementation of the ZMERIP have the CEP from which to draw lessons and experience. The aim of the Copperbelt Environment Project was to address environmental liabilities, associated with the mining sector, following the privatization of the mining assets, and, to improve future compliance of the mining sector with environmental, and social regulations. Through the environmental management facility (EMF) component, environmental and social problems resulting from the Zambia Consolidated Copper Mines Ltd. (ZCCM) operations prior to privatization (including the Government's permanent obligations), would be addressed in accordance to the country's environmental laws and regulations. A consolidated environmental management plan (CEMP) was prepared, to identify priority financing, and provide the criteria for funding subprojects. Moreover, this CEMP. At the local ward levels, it will be important to provide capacity building support in ESMF implementation to the local structures that will be involved in sub-project activities. Local government structures have a role in monitoring implementation of sub-projects and will need capacity building in ESMF implementation. 8.6 Monitoring Indicators   Monitoring indicators are a very important part of the monitoring plan. The indicators should be: (i) Specific to avoid ambiguity of items being measured; (ii) Measurable to facilitate quantification; and (iii)Quantifiable to be easily translated into units of measurement and to facilitate verification. The table below (table 11) highlights the various monitoring indicators for the proposed subprojects on the ZMERIP project. 65        Table 11: Monitoring Indicators and Anticipated Sub-Project Project Type Anticipated Sub-Projects Monitoring Indicators  Upgrade and Concrete  Eliminate incidences of flooding during the Lining of Kabwe Canal rainy season in surrounding communities  Consistent water flow rates in the canal  Eliminate eutrophication or vegetation growth in the canal Infrastructure  Reduce the levels of siltation in the canal Upgrade  Tailing Dams (TD)  Zero reports recorded with regards to Stabilization/Closure structural failure or instability on  Overburden (OB) Rock rehabilitated tailing dams and overburden Dump Stabilization dumpsites  Reduced incidences of public health risks related to contaminated sites  Construction and upgrading  Improved waste management in target of a solid waste communities management site  Establishment of recycling sites  Lead pollution treatment  Reduction in Lead Blood levels program  Increased awareness on the dangers posed Health by contaminated sites among health practitioners and communities.  Community level agro-  Increased levels of income in target processing communities and reduction in poverty  Soya farming (for example)  Reduced report of malnutrition among vulnerable groups like children and women  Creation of sustainable value chains for produce and services Income Generating  Community tree nurseries  Greening of communities Activities  Demonstration/nutrition  Enhanced stability of tailing dams and gardens overburden dumps from afforestation activates  Increased access to a sustainable cheaper nutritional vegetables from demonstration gardens.     66        8.7 Budget   The project has earmarked US$ 1,500,000 for implementation of Environmental and Social due diligence actions, mitigation measures, capacity building and monitoring activities defined in the ESMF. It must be noted that the project, as part of the component design, has also assigned significant amount of funds (US$ 10million) for baseline data monitoring of environmental, health and compliance and mine safety. 67        PUBLIC CONSULTATIONS CHAPTER 9 Public consultations are a critical step in stakeholder engagement and preparation of effective proposals for the implementation of the project activities. Public consultations are targeting to identify key issues and determine how the concerns of all parties will be addressed in response to the terms of reference for the Environmental Assessments for the proposed activities. Preparation of this ESMF included a set of consultations, including: (1) The general public consultation meeting held on June 24, 2016 at Moba Hotel in Kitwe; (2) Design Workshops for Livelihoods and Job Creation Sub-component held on February 24 at Walusungu Guesthouse in Kabwe and February 26 at Sherbourne Hotel in Kitwe for Copperbelt Municipalities. The attendance record for these meetings is presented in Annex 8. Table 12: Comments and Response Report on a Public Disclosure and Consultation Meeting of the ZMERIP ESMF Held on 24th June 2016 at Moba Hotel, Kitwe ITEM COMMENTS, ISSUES AND COMMENTATOR ORGANISATION COMMENTS No. SUGGESTIONS RAISED 1 What criteria was used to pick the towns on Lifumbo Brian, Kalulushi Municipal Mr. Lukeke - PMC. At the time of privatisation, the historical environmental the Copperbelt where the ZMERIP project Environmental Council liabilities in Kalulushi were assumed by new owners and no liabilities were will be undertaken? Why was Kalulushi Planner passed on to the Zambian government or ZCCM-IH. However, there may be despite having Environmental liabilities left some environmental issues emanating from mining activities affecting the out? communities in Kalulushi. For instance, we are aware of an agricultural cooperative community who have complained in the past of having been impacted by past Sulphur dioxide emission from Nkana mine. Perhaps this could be investigated by the consultants who will conduct the ESIA study otherwise a project proposal can be submitted by Kalulushi Municipal Council for consideration by Project Director. Mr Chewe - Project Director, ZMERIP. Towards the end of 2014, the World Bank officials came to Zambia and made a preliminary assessment on mine environmental issues. On the basis of available funds of US$ 50 million, priority was given to towns which were heavily impacted i.e. Mufulira, Chingola, Kitwe and Kabwe. 68        ITEM COMMENTS, ISSUES AND COMMENTATOR ORGANISATION COMMENTS No. SUGGESTIONS RAISED Mr. Makumba - PMC Project Manager. When the bank and their government agreed to implement this project as a follow-up to the CEP, all the councils were invited on the Copperbelt including Kalulushi and Luanshya. The councils were asked on what environmental health issues arising from mining activities were of concerns in their district. Kalulushi Municipal Council did not attend the meeting while Luanshya Municipal Council insisted to be paid sitting allowances for attending the meetings. This is why the two towns were not included in the project design. There are many issues in Luanshya that this project would want to implement but they were not presented by Luanshya Municipal Council. Perhaps if funds allowed, the Project Director may consider subproject from other Copperbelt towns. 2 Will the project address environmental and Professor Maseka Copperbelt Mr. Lukeke - PMC. Component 2 which addresses compliance and capacity health risks emanating from current existing University building to assist ZEMA and MSD to ensure effective enforcement and facilities. compliance to environmental regulations on those operating facilities that cause serious environmental health risks to the communities. 3 Is Social Licensing which give authority to Mr. Chinyamuka Mines Safety Mwiche Kabwe-ZEMA. A lot of awareness had been raised in most developed communities to allow investors to operate Department countries that communities new their rights and had power to be able to make likely to be enacted at the end of project demand or reject certain projects. ZEMA needed to do a lot to raise awareness Social Licencing like it is in most developed and rights of people when it came to accepting or refusing developmental countries? projects. 4 Will Component 2 provide training or Mr. Musosha Citizen for a Better Mwiche Kabwe-ZEMA. The component on capacity building at ZEMA had procurement of monitoring equipment? It is Environment various elements which includes procuring of equipment to help ZEMA carry important that procurement of monitoring out independent monitoring. ZEMA is limited in terms of manpower but will equipment for ZEMA and MSD is appoint honorary inspectors as provided by the Environment Management Act considered to enable them carry out parallel on appointment of honorary inspectors to assist with monitoring. The project monitoring programs. The current scenario will assist with development of modalities and procedures to identify and were operators being regulated were appoint honorary inspectors to cover even districts outside the project. The supplying ZEMA and MSD with Project will help the councils to building capacity in terms of training and environmental monitoring data was not provision of monitoring equipment to enable them carry out environmental good. If it continued, we might find monitoring. A number of awareness programs for communities in project areas ourselves even in the future implementing will be carried out. these remediation programs. He said that was not to say friends in operating facilities were feeding ZEMA or MSD with inaccurate information. It was just important that these institutions carry out parallel monitoring programs. 69        ITEM COMMENTS, ISSUES AND COMMENTATOR ORGANISATION COMMENTS No. SUGGESTIONS RAISED 5 Is the project going to address weakness that Mr. Musosha Citizen for a Better Mr. Chinyamuka – MSD. MSD has observed that the EPF regulations has have been observed in the EPF regulations? Environment some gaps. The EPF regulations of 1998 will be reviewed and strengthened.     70        REFERENCES (1) ZAWA, 2005; Information Sheet on Ramsar Wetlands, https://rsis.ramsar.org/RISapp/files/RISrep/ZM1580RIS.pdf (Accessed, 24th May 2005). (2) Matthew McCartney, 2005; Technical Note: Hydrology of the Lukanga Swamp, Zambia, http://publications.iwmi.org/pdf/H040529.pdf (Accessed, 24th May 2005). (3) NHSP, 2011; National Health Strategic Plan 2011-2015, http://www.internationalhealthpartnership.net/fileadmin/uploads/ihp/Documents/Country _Pages/Zambia/ZambiaNHSP2011to2015final..pdf (Accessed, 25th May 2005). (4) Joanna Lindahl, 2014; Environmental Impacts of Mining in Zambia, Towards Better Environmental Management and Sustainable Exploitation of Mineral Resources, http://resource.sgu.se/produkter/sgurapp/s1422-rapport.pdf (Accessed, 25th May 2005). (5) Birds Advisor, 2015; Birds Of Zambia http://www.zambia-advisor.com/birds-of- zambia.html (Accessed, 25th May 2005). (6) Champ, 2016; Health Facilities by Province, http://www.champzambia.org/health_facilities (Accessed, 25th May 2005). 71        ANNEX 1: ENVIRONMENTAL AND SOCIAL SCREENING FORM PART A: GENERAL INFORMATION Project Name Estimated Cost ( ) Project Site Project Objectives Proposed Main Project Activities: Name of Evaluator/s Date of Field Appraisal PART B: BRIEF DESCRIPTION OF THE PROPOSED ACTIVITIES  Provide information on the type and scale of the construction/rehabilitation activity (e.g. area, land required and approximate size of structures)  Provide information on the construction activities including support/ancillary structures and activities required to build them, e.g. need to quarry or excavate borrow materials, water source, access roads etc.  Describe how the construction/rehabilitation activities will be carried out. Include description of support/activities and resources required for the construction/rehabilitation. PART C: ENVIRONMENTAL AND SOCIAL BASELINE INFORMATION OF THE SUB PROJECT SITE BRIEF DESCRIPTION Category of Baseline Information Brief Description GEOGRAPHICAL LOCATION * Name of the Area * Proposed location of the project (Include a site map of at least 1:10,000 scale / or coordinates from GPS) LAND RESOURCES * Topography and Geology of the area * Soils of the area * Main land uses and economic activities WATER RESOURCES * Surface water resources (e.g. rivers, lakes, etc) quantity and quality BIOLOGICAL RESOURCES * Flora (include threatened/endangered/endemic species) 72        * Fauna (include threatened/endangered/endemic species) * Sensitive habitats including protected areas e.g. national parks and forest reserves CLIMATE * Temperature * Rainfall SOCIAL * Number of people potentially impacted * Type and magnitude of impacts (ie. impact on land, structures, crops, standard of living) * Socio-economic overview of persons impacted PART D: SCREENING CRITERIA FOR IMPACTS DURING SUBPROJECT IMPLEMENTATION, AREAS OF IMPACTS AND IMPACTS EVALUATION AND POTENTIAL MITIGATION MEASURES Areas of Impacts Impacts Evaluation Potential Mitigation Measures Extent or coverage (on Significance (Low, site, within 3-5km or Medium, High) beyond 5km) YES NO On Within Beyond Lo Mediu High Site 3-5 km 5 km w m Is this sub-project site/activity within and/or will it affect the following environmentally sensitive areas? 1.1 National parks and game Reserve 1.2 Wet-lands 1.3 Productive traditional agricultural /grazing lands 1.4 Areas with rare or endangered flora or fauna 1.5 Areas with outstanding Scenery/tourist site 1.6 Within steep slopes/mountains 1.7 Dry tropical forest 1,8 Along lakes, along beaches, riverine 1.9 Near industrial activities 1.10 Near human settlements 1.11 Near cultural heritage sites 1.12 Within prime ground water 73        Areas of Impacts Impacts Evaluation Potential Mitigation Measures recharge area - - 1.13 Within prime surface run off 1.14 Will the sub-project use inter national water sources? 2.0 Screening Criteria for Impacts during implementation and Operation Will the implementation and operation of the sub-project within the selected site generate the following externalities/ costs/impacts? 2.1 Deforestation 2.2 Soil erosion and siltation 2.3 Siltation of watercourses, 2.4 Environmental degradation arising from mining of construction materials 2.5 Damage of wildlife species and habitat 2.6 Increased exposure to agro-chemical pollutants 2.7 Hazardous wastes, Asbestos, PCB's, pollution 2.8 Nuisance - smell or noise 2.9 Reduced water quality 2.10 Increase in costs of water treatment 2.11 Soil contamination 2.12 Loss of soil fertility 2.13 Salinization or alkalinisation of soils 2.14 Reduced flow and availability of water 2.15 Long term depletion of water resource 2.16 Incidence of flooding 2.17 Changes in migration patterns of animals 2.18 Introduce alien plants and Animals 2.20 Increased incidence of plant and animal diseases Will the implementation and operation of the sub-project activities within the selected site generate the following socio-economic costs/impacts? 3.1 Loss of land/land acquisition for human settlement, farming, grazing 3.2 Loss of assets, property, houses, agricultural produce 3.3 Loss of livelihood 74        Areas of Impacts Impacts Evaluation Potential Mitigation Measures 3.4 Require a RAP or ARAP 3.5 Loss of cultural sites, graveyards, monuments 3.6 Disruption of social fabric 3.7 Interference in marriages for local people by workers 3.8 Spread of STIs and HIV and AIDS, due to migrant workers 3.9 Increased incidence of communicable diseases 3.10 Health hazards to workers and communities 3.12 Conflicts over use of natural resources e.g. water, land, etc 3.13 Conflicts on land ownership 3.14 Disruption of important pathways, roads 3.15 Increased population influx 3.17 Loss of income generating Capacity 75        ANNEX 2: GENERIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN INTRODUCTION The project aims at improving environmental management of contaminated soil/areas. The choice of remediation technique will be technology neutral and will be determined based on assessment of environmental health risks associated with each site. Once the site details are analyzed for level of contamination; remediation targets identified and design firmed up, an Environmental Management Plan will be prepared to supplement the designed mitigation measures. The monitoring of environmental quality will be part of the main project design to assess the performance of the intervention and will be integrated into the EMP. EXECUTIVE SUMMARY Briefly describe the proposed project, location, investment cost, alternatives considered, major impacts, and environmental management commitments objectives, relevant legislation, technology, project alternatives, main findings and lifespan. TABLE OF CONTENTS 1.0 INTRODUCTION  Give a brief project background, objectives.  Summary description of the project including project rationale  The developer’s physical address and the contact person.  Particulars of Shareholders and Directors  Track Record (Previous Experience of Enterprise)  Brief description of the Location  Percentage of shareholding by each shareholder  The developer’s physical address and the contact person and details.  Total Project Cost/Investment  Proposed Project Implementation Date 2.0 LEGAL AND POLICY FRAMEWORK 2.1 Policy, legal and institutional framework relevant to the project  Policy, legal and institutional framework relevant to the project  Specific sections of the cited policy, legal and institutional framework relevant to the proposed project.  Relevance of cited sections to the proposed development  Compliance (how the development complies/will comply to the cited sections) 2.2 International agreements and Conventions  International agreements and conventions relevant to the proposed project.  Specific sections of the agreements and conventions relevant to the proposed project.  Relevance of cited sections of the agreement or convention to the proposed development  Compliance (how the development complies/will comply to the cited sections) 76        3.0 DESCRIPTION OF THE PROJECT 3.1 Location  Describe the project location supported by a location map drawn to an appropriate scale with a legend, direction of the True North. The location map must be printed on at least “A3” paper size for it to be clear.  Provide the spatial extent of the proposed project site(Province, City/Municipality/district, specific site)  Provide land marks and their distances from the proposed site to help identify proposed project site  Identify surrounding developments  Provide coordinates of the proposed site where applicable 3.2 Nature of the Project  Raw materials (including hazardous materials and their storage on site)  Process and technology (including flow diagrams)  Products and by-products  Production capacity  Schedule and life time of the project 3.3 Main activities  Site preparation phase  Construction phase  Operation phase 4.0 PROJECT ALTERNATIVES i. Identification of alternatives such as but not limited to: a) Project need b) Site c) Design d) Technology e) Process f) Raw materials g) Justification for the selected option(s) ii. Analysis of each of the identified alternatives iii. List of chosen alternatives in order of preference iv. Reasons for choosing the preferred alternatives and rejecting the other alternatives 5.0 DESCRIPTION OF THE BASELINE ENVIRONMENT 5.1 Ecological Resources a. Fauna  Terrestrial species (Include common names and respective scientific names)  Aquatic species (Include common names and respective scientific names) 77         Identification of rare or endangered species (Include common names and respective  Scientific names) b. Flora  Terrestrial species (Include common names and respective scientific names)  Aquatic species (Include common names and respective scientific names)  Identification of rare or endangered species (Include common names and respective scientific names) c. Birds  Field survey of bird species (Include common names and respective scientific names)  Identification of rare and endangered bird species 5.2 Geology and Hydrogeology 5.3 Drainage 5.4 Climate 5.5 Landscape and Topography 5.6 Land Use and Soils 5.7 Ground and Surface Water 5.8 Air quality and Noise 5.9 Social, Economic and Cultural Issues 5.10 Built Environment 6.0 ENVIRONMENTAL IMPACTS Identify and discuss 6.1 Positive Impacts 6.1.1 Socio-economic Environment 6.1.2 Physical Environment 6.1.3 Biological Environment 6.2 Negative Impacts 6.2.1 Socio-economic Environment 6.2.2 Physical Environment 6.2.3 Biological Environment 6.3 Methodology of Impact Evaluation Evaluation of impacts for significance should combine:  the frequency of occurrence of the impact  the duration of the impact  the severity of impact  the spatial extent of the impact  the sensitivity of the element being impacted. 78        7.0 ENVIRONMENTAL SOCIAL MANAGEMENT PLAN (State the Environmental Management Commitments for mitigating negative Environmental Impacts identified in Section 6.0 and measures for enhancing positive impacts. 7.1 Environmental Monitoring Plan (These should include environmental management cost estimates, responsible personnel and the frequency of monitoring) Aspect Impact Mitigation/ Frequency of Time Performance Responsible Cost Enhancement Monitoring frame indicator person measure 7.2 Budget 7.3 Implementation Timeline 8.0 DECLARATION OF AUTHENTICITY OF REPORT CONTENTS 9.0 BIBLIOGRAPHY 10.0 APPENDICES  Maps and satellite images  Figures (tables, charts, graphs, models, photographs);  Certificate of Incorporation  Investment License  Title deeds or lease agreements  Certificates of Incorporation  Agreements  Asset valuation reports  Approval documents  Any other relevant supporting documents or information that cannot be presented in the main report 79        ANNEX 3: CHANCE FIND PROCEDURES   Chance Find Procedure is a step by step procedure which outlines what needs to be done when projects come across archeological sites, historical sites, remains and objects, including graveyards and/when individual graves during excavation or construction. This procedure relates to OP/BP 4.11- Physical Cultural Resources – which addresses physical cultural resources which are defined as movable or immovable objects, sites, structures that have archeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings and may be above or below the ground. If during civil works, sub project discover archeological sites, remains and objects, including those of cultural and religious significance and/or individual graves during excavation or construction, the implementers will carry out the following steps: 1. Stop the construction activities in the area of the chance find; 2. Delineate the discovered site or area; 3. Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged 4. The National Heritage and Conservation Commission NHCC) will be notified should a chance find be cited and offer guidance on how such sensitive findings should be handled. 5. Responsible authorities would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archeologists. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values; 6. Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities 7. Construction work could resume only after permission is given from the responsible local authorities or department responsible for culture or antiquities concerning safeguard of the heritage. 80        ANNEX 4: ENVIRONMENTAL AND SOCIAL GUIDELINES FOR CONSTRUCTION CONTRACTOR The guidelines include provisions for proper management of construction sites, safe storage of construction materials and safe disposal of wastes General Considerations  The contractor shall follow the World Bank Group Environment, Health and Safety Guidelines which should become the basis for preparing the site-specific EHS Plan. For details please refer : www.ifc.org/EHSguidelines  The contractor in all his activities ensure maximum protection of the environment and the socio-economic wellbeing of the people affected by the project, whether within or outside the physical boundaries of the project area.  Before any construction works begin, the contractor shall ensure that the relevant environmental and land acquisition certificates of authorization for the works have been obtained from the relevant authorities  In general, the contractor should become familiar with the environmental and social screening process and the Resettlement Policy Framework (RPF) for this project. The contractor shall work in cooperation and in coordination with the Project Management Team and/or any other authority appointed to perform or to ensure that the social and environmental work is performed according to the provisions of the safeguards documents  The contractor shall pay close attention to health and safety requirements for workers who must wear protective clothing if required. The artisan should also ensure the health and safety of the community adjoining any construction areas.  The contractor shall always keep on site and make available to Environmental Inspectors or any authorized persons, copies of the ESMPs, RAPs and ARAPs for the monitoring and evaluation of environmental and social impacts and the level or progress of their mitigation.  The contractor shall ensure that construction materials such as sand, quarry stone, soils or any other construction materials are acquired from approved suppliers and that the production of these materials by the suppliers or the contractor does not violate the environmental regulations or procedures  The movement and transportation of construction materials to and within the construction sites shall be done in a manner that generates minimum impacts on the environment and on the community, as required by the ESMP.  Construction materials shall be stored in a manner to ensure that: - There is no obstruction of service roads, passages, driveways and footpaths; - Where it is unavoidable to obstruct any of the service paths, the contractor shall provide temporary or alternate by-passes without inconveniencing the flow of traffic or pedestrians; - There is no obstruction of drainage channels and natural water courses; - There is no contamination of surface water, ground water or the ground; 81        - There is no access by public or unauthorized persons, to materials and equipment storage areas; - There is no access by staff, without appropriate protective clothing, to materials and equipment storage areas; - Access by public or unauthorized persons, to hazardous, corrosive or poisonous substances including asbestos lagging, sludge, chemicals, solvents, oils or their receptacles such as boxes, drums, sacks and bags is prohibited; - Access by staff, without the appropriate protective clothing, to hazardous, corrosive or poisonous substances including asbestos lagging, sludge, chemicals, solvents, oils or their receptacles such as boxes, drums, sacks and bags is prohibited.  Construction waste includes but is not limited to combustion products, dust, metals, rubble, timber, water, wastewater and oil. Hence construction waste constitutes solid, liquid and gaseous waste and smoke.  In performing his activities, the contractor shall use the best practical means for preventing emissions of noxious or offensive substances into the air, land and water. He shall make every effort to render any such emissions (if unavoidable) inoffensive and harmless to people and the environment. The means to be used for making the emissions harmless or for preventing the emissions shall be in accordance to the RAPs, or the ESMPs and with the approval of the relevant Local Authority or ZEMA.  The contractor shall, in particular, comply with the regulations for disposal of construction/demolition wastes, waste water, combustion products, dust, metals, rubble and timber. Wastewater treatment and discharge will conform to the applicable regulations by the relevant guidelines.  Asbestos wastes, PCBs and other hazardous wastes shall be treated and disposed of in conformity with the national regulations and World Bank Group standards where applicable, with the supervision of qualified personnel.  The contractor shall protect the health and safety of workers by providing the necessary and approved protective clothing and by instituting procedures and practices that protect the workers from dangerous operations. The contractor shall be guided by and shall adhere to the relevant national Labor Regulations for the protection of workers. Appropriate information and awareness on HIV/AIDS shall be conducted at each construction site. 82        ANNEX 5 : SAMPLE TORS SAMPLE TERMS OF REFERENCE FOR ENVIRONMENTAL AND SOCIAL IMPACT STATEMENT (EIS) GENERAL GUIDANCE ON PREPARATION OF TERMS OF REFERENCE 1. INTRODUCTION i. State what the document is all about and for what project the EIS is meant ii. State on whose behalf the Terms of Reference (TORs) are being prepared iii. State the purpose and objectives of the TORs iv. State what the document seeks to identify, what nature, scope and extent of information that will be collected and assessed in conducting the EIA for the project v. State study area (project Location). 1.1. PROJECT BACKGROUND i. Give a detailed overview of the company providing: a. A corporate profile; and, b. The name of the legal entity that will develop, manage and operate the Project and hold the operating approvals. ii. Describe the major components of the proposed project, the implementing agents, and a brief history of the project and its current status. 2. REGULATORY FRAMEWORK AND CORPORATE REQUIREMENTS Summarise the applicable guidelines, procedural aspects, Acts, rules, regulations and policies to be followed in the preparation of EIA report for the proposed project as follows: i. National and International Regulations and Guidelines ii. Corporate Standards and Guidelines 3. PROJECT DESCRIPTION i. Outline a full description of the project using appropriate maps including a general layout ii. State the size of the area that will be covered by the proposed project. iii. Outline the key project components such as a. Designs b. Volume and grade of resource c. Production rate d. Infrastructure to be installed iv. State all the anticipated wastes from the project cycle 4. EIA SCOPE OF WORK 83        i. Outline the spatial extent of the boundaries of the study and any adjacent or remote areas which should be considered with respect to the project. ii. Describe how the EIA work will be undertaken and the tasks to be performed. 5. EIA METHODOLOGY i. Describe how the baseline data will be gathered and explain how they will be used. The methodologies to be used for data collection should be briefly described. The study goals must be clearly defined ii. Wherever possible, propose predictive, quantitative models and standards that will be used to avoid vague and subjective predictions 6. EIA SCHEDULE Propose a schedule that will be followed accordingly. 7. EIS REPORTING AND OUTPUTS Outline the EIS structure that will be presented. 8. BASELINE INFORMATION OF THE PROJECT TO INCLUDE: Propose categories of baseline information to be gathered and specialized studies to be conducted in the study area such as: i. Climate ii. Air quality iii. Soils iv. Geology v. Hydrology (ground and surface water quality inclusive) vi. Topography vii. Land use and land tenure viii. Noise and vibration ix. Built environment x. Fauna xi. Flora xii. Socio-economic environment (Initial Social Assessment should among other factors identify the population, social services and amenities, vulnerability and direct consultation with people who may be directly affected by the project). xiii. Archeology and Cultural set up 9. STAKEHOLDER CONSULTATION Identify key issues from the scoping meetings that need to be incorporated in the study and extract and incorporate them into the TORs for the EIA study 10. DETERMINATION OF POTENTIAL IMPACTS OF THE PROPOSED PROJECT List potential environmental and social impacts that may arise as a result of project implementation. These impacts will be determined based on socio-economic, environment and 84        health aspects of project activities during construction and implementation stages. The choice of remediation techniques and locational aspects of project will be an important criteria in determining the potential impacts of subproject activities. 11. ANALYSIS AND EVALUATION OF IMPACTS Describe how the impacts will be analyzed and evaluated. 12. IDENTIFICATION OF PROJECT ALTERNATIVES Outline project alternatives to be considered during EIA such as i. Project need ii. Site iii. Design iv. Technology v. Process vi. Raw materials vii. others 13. PROPOSED EIA TEAM i. Provide a list of EIA specialists/experts, together with their key qualifications and affiliations ii. A description of proposed team staff should be presented including bio-data for all key personnel iii. State the role of each EIA team member iv. The CVs should reflect the team members’ contact details and v. The CVs should be signed by respective team members. 14. DECLARATION OF AUTHENTICITY OF REPORT CONTENTS Make a declaration of the authenticity of report contents 15. OTHER RELEVANT INFORMATION/APPENDICES Provide a preliminary list of the supporting information that is expected to be used in the preparation of the EIA report. The list should include: i. Scoping Report; ii. Maps; iii. Photographs; iv. Tables; v. Charts; vi. Graphs; vii. Signed list of meeting attendees; viii. meetings minutes; ix. company permits and certificates; x. CVs of each member of the EIA team and any questionnaires to be used for preparing the report and xi. Any other relevant documents. 85        ANNEX 6: DRAFT GRIEVANCE REDRESS MECHANISM The Grievance redress mechanism will be set up at each PIU level (ZEMA, KMC and MSD) who will be responsible to maintain records of all complaints and their responses. A report of GRM performance will be consolidated as part of biannual M&E report, to be submitted to the PCU at MOM for consolidation and onward submission to WB. The GRM will follow that channels highlighted in the illustrations below. Role and Responsibilities Focal Point Focal Persons Unit/Organizations When a Recording complaint is complaints submitted 1. Record the complaint submitted in the national-level grievance database. 2. Review monthly The PIU with the monitoring support of the submitted by the PMC (or an district/provincial- National Project o National independent level, and enter all Implementation Unit Project auditor) will try to complaints with (PIU) Coordinator address it. the status will be (Ministry of Mines and (Ministry of recorded in the NATIONAL Mineral Development) Mine and  The PIU will national-level Mineral respond to all grievance database. Project Management Development) complaints 3. M&E officer will Consultants (PMC) o PMC– Team within 10 periodically review METS –Misenge Leader business days. the grievance Environmental and o M&E Officer  If not resolved, database and Technical Services o Independent the complaint follow-up with (METS) Auditor will be focal persons to reported to the ensure all cases PCU at the will be addressed. MOM. 4. Every 6 months, PIUs to include performance of GRM report as part of M&E report and submit to PCU at MOM and WB Project Implementation The Project 1. Record the Units (PIU’s) Coordinator and complaint o ZEMA o Project the PIU team will submitted in the o RPA Coordinator discuss the issue monitoring form. PIU’s o MSD o M&E Officer and try to address it 2. Submit the o Kabwe o Independent at PIU level. project’s monthly Municipal Auditor monitoring form Council  The PIU will including a record (Including respond to all on complaints to 86        Ministry of complaints the national-level Health) within 10 PIU. o Chingola business days. Municipal  If not resolved, Council the complaint o Kitwe City will be Council reported to the o Mufulira National Municipal Coordinator at Council PCU The focal persons on site will try to address it at site CONTRACTORS AND CBE’s/CBO’s level. If the issue is not addressed it will be forwarded to the respective 1. Record the o Project PIU. complaint Managers submitted in a o Foreman  The PIU will o Contractors simple form. o Project respond to all o CBE’s/CBO’s 2. Submit the record Coordinators complaints of complaints to o Community within 10 the Project Leaders business days. Coordinator  If not resolved, the complaint will be reported to the respective PIU project Coordinator 87        ANNEX 7: CLASSSIFICATION OF PROJECTS UNDER ZAMBIA EIA The project aims at improving environmental management of contaminated soil/areas. The choice of remediation technique will be technology neutral and will be determined based on assessment of environmental health risks associated with each site. Once the site details are analyzed for level of contamination; remediation targets identified and design firmed up, an Environmental Management Plan will be prepared to supplement the designed mitigation measures. The monitoring of environmental quality will be part of the main project design to assess the performance of the intervention and will be integrated into the EMP. The Environmental Management Act (2011) of the Laws of Zambia read together with Statutory Instrument No. 28 of 1997 provides for Environmental Impact Assessment regulations that classify projects into either the First Schedule or Second Schedule depending on the size, nature and anticipated environmental consequences of a project or sub-project. The Zambia EIA Regulations provide lists of projects or sub-projects proto-types which fall under the two categories First Schedule: These are projects or sub-projects with minimal negative impacts on the environment and may require preparation of project briefs to determine the safeguards category. Examples relevant on the ZMERIP will include: a) Urban area rehabilitation. b) Flood control schemes. c) Timber harvesting and processing in forestry. d) Land consolidation schemes. e) Brick and earthen manufacture. Others are; a) Storage of hydrocarbons. b) Projects located in or near environmental sensitive areas such as:-  indigenous forests;  wetlands;  zones of high biological diversity;  areas supporting populations of rare and endangered species;  zones prone to erosion or desertification;  areas of historical and archaeological interest;  areas of cultural or religious significance;  areas used extensively for recreation and aesthetic reasons;  areas prone to flooding and natural hazards;  water catchments containing major sources for public, industrial or agricultural uses; and  areas of human settlements (particularly those with schools and hospitals). Second Schedule: These are projects that require an extensive evaluation of activities likely to have significant negative impacts on the environment and require undertaking a detailed Environmental Impact Assessment. Examples on the ZMERIP broadly include: a) Urban Development b) Dams, Rivers and Water Resources 88        c) Forestry Related Activities d) Waste Disposal 89        ANNEX 8 : ATTENDANCE LIST FOR STAKEHOLDER WORKSHOPS Attendance List 1 ABLE 13: ATTENDANCE REGISTER FOR THE ZMERIP PUBLIC DISLOSURE AND CONSULTATIONS MEETING HELD ON 24TH JUNE 2016 AT MOBA HOTEL   90          91          92        93                  94        Attendance List 2 ZMERIP –Design Workshop for Livelihoods and Job Creation Sub-component Kabwe February 24, 2016 – Walusungu Guesthouse – Kabwe [Included a discussion on potential environmental/social issues of the proposed subprojects] Name Organisation/Community Phone Number (1) Kabwe Friman Makululu Community 0979718797 (2) Ruth Mumba Chowa Community 0977505790 (3) Regina Mfula Kasanda Community 0977854175 (4) Charity Chibawe Small Quarry 0979873780 (5) Charles Bwalya Small Quarry 0975166012 (6) Bridget Kabwe Small Quarry 0979157497 (7) Victoria Chileshe Small Quarry 0962411819 (8) Ruth Mwanza Chililalila 0979203659 (9) Boyd Mwape Chililalila 0964654639 (10) Ryan Kayeye Community Development 0975137831 (11) Phiri Alick Twatasha Coop 0979598390 (12) LMN Malambi CCCI 0977480696 (13) Choolwe Chidukwa Ministry of Mines 0977896462 (14) George Milongo Ministry of Mines 0968395347 (15) Edwin Lwiindi Dept Community Development 0979600578 (16) Stephen Mabena Sonal… 0955845378 (17) Kapachamoto Clifford Njanyi Market 0978451709 (18) Imasiku Aka Forestry 0977826000 (19) Etambuju Anamela Agriculture 0955786268 (20) Mirriam Kabwe Municipal Council (KMC) 0966259540 Chilundu (21) Grace Wina KMC 0977631292 (22) Martha Chamwa? KMC 0977481141 (23) Mazuba Moono KMC 0977503907 (24) Agnes Mwila KMC 0953618281 (25) Joel Mwandila Youth/Sports 0977460037 95        (26) Mwila Culture 0977205627 (27) Asansaula Jane Community Development 0977787120 (28) Julliet Kavanda YWCA 0977664292 (29) Bethamell Chikote CCCI 09777764357 (30) Pamela Zulu KMC 0965350382 (31) Victor Kagoli KMC (32) Kaori Oshima World Bank (33) Mwansa Lukwesa World Bank 0978219929 (34) Svetlana Khvostova World Bank (35) Mukula Makasa ZDA 0977549056 96        Attendance List 4 ZMERIP –Design Workshop for Livelihoods and Job Creation Sub-component Copperbelt Province February 26, 2016 – Sherbourne Hotel – Kitwe [Included a discussion on potential environmental/social issues of the proposed subprojects] Name Organisati Phone Number Email on (1) Kasonde Mulenga Kitwe City 0966572351 Kasonde1402@gmail.com Council (2) Kayafa Mumbi I Kitwe City 0955822014 bakayafa@gmail.com Council (3) Mainza Sibajene Kitwe City 0979491472 sibejenem@yahoo.com Council (4) Kasonde C. Mufulira 0965781216 Chisanga.kasonde@yahoo.com Musongole Council (5) Victoria S. Moyo Mufulira 0963456538 victoriasija@gmail.com Council (6) Patson Ngoma Mufulira 0966222140 patsonngoma@yahoo.com Council (7) Chipoma B. Mufulira 0969366441 chiponiza@yahoo.com Mukupa Council (8) Abel Mulenga Mufulira 0965384736 Council (9) Victoria Mweemba Kitwe City 0977476034 chimukamweetwa@yahoo.co.uk Council (10) Mukula Makasa ZDA 0977549056 Mukula.makasa@zda.org.zm (11) Lwiza Chisola Chingola 0978336290 Lcllulu4@gmail.com Council (12) Kalonge N. Evans Sekela 0968274471 Lawen cotractors@gmail.com WDC (13) Simbimbi Timothy Nchanga 0961400481 WDC 97        (14) Justin Silumbwe Buntagwa 0969675341 (15) Rose Kaseba Kalilo 0964149229 BWC (16) George Milongo Ministry of 0968395347 Georgemilongo@gmail.com Mines (17) Choolwe Ministry of 0977896462 Cchoolw84@gmail.com Chadukwa Mines (18) Billy Chewe Ministry of 0969490819 Billychewe@gmail.com Mines (19) Tony Kapeshi Kitwe City 0979505857 tbkapeshi@yahoo.co.uk Council (20) Cyril Lukeke M. METS 0977756340 lukekecyril@gmail.com K. (21) Nathan Musonda METS 0966782893 musondan@gmail.com (22) Helen Mwansa Kitwe City 0964933840 mwansahelen@yahoo.com Council (23) Mweetwa N. Kitwe City 0977682583 michaelsnyazaya@yahoo.co.uk Michael Council (24) Olivia Chansa Kitwe City 0955341079 aimuta@gmail.com Council (25) Donald Kacha Chingola 0969799509 Dkachazoo3@yahoo.com Mwanza Council (26) Joseph Esau Zulu Chingola 0965751512 ndlplanner@hotmail.com Council (27) Kaori Oshima World koshima@worldb Bank ank.org (28) Mwansa Lukwesa World 0978219929 mlukwesa@worldbank.org Bank (29) Svetlana World skhvostova@wor Khvostova Bank ldbank.org 98          99