Environmental Assessment and Review Framework
May 2016
BAN: SASEC Chittagong – Cox’s Bazar Railway
Project, Phase 1
Prepared by Bangladesh Railways, Ministry of Railways, Government of Bangladesh for the
Asian Development Bank
CURRENCY EQUIVALENTS (as of 11 April 2016)
Currency unit – BDT (Bangladesh Taka) BDT1.00 = $ 0.01276
$1.00 = BDT 78.375
ABBREVIATIONS
BR - Bangladesh Railway CDTA - Capacity Building Technical Assistance CSC - Construction Supervision Consultants CWS - Chunati Wildlife Sanctuary EARF - Environmental Assessment and Review Framework EA - Executing Agency EIA - Environmental Impact Assessment EMP - Environmental Management Plan IEE - Initial Environmental Examination FWS - Faisakhali Wildlife Sanctuary GHG - greenhouse gas GoB - Government of Bangladesh GCR - Grievance Redress Committee GRM - Grievance Redress Mechanism MNP - Methakhchapia National Park OCR - Ordinary Capital Resources PIU - Component Implementation Unit REA - Rapid Environmental Assessment RoW - right of way SPS - Safeguard Policy Statement PMC - Component Management Consultants
WEIGHTS AND MEASURES
km – kilometer m – meter
NOTE
In this report, "$" refers to US dollars.
This environmental assessment and review framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any component, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
CONTENTS
I. Introduction 1
II. Assessment of Legal Framework and Institutional Capacity 2
III. Anticipated Environmental Impacts 6
IV. Environmental Assessment for Subcomponents 7
A. Screening and Classification 7
B. Environmental Selection Criteria 7
C. Environmental Assessments and Environmental Management Plans 8
V. Consultation, Information Disclosure and Grievance Redress Mechanism 9
A. Consultation 9
B. Information Disclosure 9
C. Grievance Redress Mechanism (GRM) 10
VI. Institutional Arrangement for Implementing EARF and Responsibilities 12
A. Roles and Responsibilities 12
VII. Monitoring and reporting 18
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I. INTRODUCTION 1. Bangladesh Railway (BR) has identified several subcomponents for improving rail connectivity between Bangladesh and its South Asian neighbours and other Asian countries. Seven such subcomponents are: i) railway link from Dhaka-Bhanga-Jessore through Padma Bridge (Phase I and Phase II); ii) construction of a 2nd track and conversion to dual gauge of the entire rail line between Akhaura and Laksam; iii) construction of a railway bridge parallel to the existing Bangabandhu bridge with provision of dual gauge double track over the river Jamuna; iv) construction of single line dual gauge railway track from Dohazari to Cox’s Bazar via Ramu and Ramu to Gundum; v) construction of double line between Joydevpur - Ishurdi sections; vi) strengthening/reconstruction of Hardinge bridge to allow trans-Asian traffic; and vii) construction of railway bridge over the river Jamuna near Phulchari - Bahadurabad Ghat including approach rail Links. This Environmental Assessment and Review Framework (EARF) is on the construction of a single line dual gauge railway track from Dohazari to Cox’s Bazar - Phase 1.
2. The proposed financing modality for the component is a Multitranche Financing Facility (MFF). The component is estimated to cost $212,200 million, of which ADB will finance $150,000 million from its Ordinary Capital Resources (ORC). Each tranche under the MFF will finance a slice of a long term contract package to construct the rail line. The MFF is expected to have a total of 4 tranches.
3. The overall impact of the component will be efficient and safe railway transport in Bangladesh. The outcome will be an improved railway transport system in the Chittagong – Cox’s Bazaar railway corridor and support development of the tourism sector in the Cox’s Bazaar district of Bangladesh. The Component will enable efficient and safe transport within the country and will enable regional trade with India and Myanmar and through India, with Bhutan and Nepal. Specific component outputs will be: (i) a 102 km new rail line from Dohazari to Cox’s Bazar, including 9 stations; and (ii) strengthened capacity of Bangladesh Railways in Component Management and Component Implementation including safeguards monitoring, public stakeholder communication and safety awareness. Details of the physical construction components are provided in table 1. The component construction period will span 5 years approximately from 2017 to 2021 followed by a three year defect liability period.
Table 1: Physical construction components
No. Components Details
1. Construction of the rail including foundation, earthworks, track works
102 km long, dual guage
2. Hill cutting in area falling in the toes of the Chittagong hills
91 hill cutting sites over 12.89km of the alignment
3. Bridges and culverts 177 water crossing structures: 137 concrete culverts, 33 medium bridges (21m 84m) and 7 large bridges (>100m)
4. Stations including access roads 9 (8 new stations and reconstruction of the Dohazari station). Access roads range from 100m to over 1km.
5. Cox’s bazaar station and rail yard 1 of the 9 stations mentioned above. The rail yard will including a stabling and washing facility
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4. Given that a time slicing approach will be used for the MFF, all the physical component components will be appraised upfront during the preparation of tranche 1. Tranche 1 is classified as environment category A as per ADB SPS due to: i) the component being a green field rail line; ii) potential adverse impacts on the Asian Elephant (Elephas maximus) as the component alignment passes through various elephant crossings, iii) potential adverse impacts on the Chunati Wildlife Sanctuary (CWS), the Faisakhali Wildlife Sanctuary (FWS), Methakhchapia National Park (MNP) as the component alignment passes through approximately 10km of the edge (buffer, impact and core zone) of the CWS, 5km of the buffer zone of FWS and 300m of the buffer zone of MNP. Under the Environment Conservation Rules, 1997 (amended in 2002) of Bangladesh, the component is classified as a “red” category component requiring a full Environmental Impact Assessment (EIA).
5. This Environmental Assessment Review Framework (EARF) has been prepared to fulfill requirements of the ADB Safeguard Policy Statement (SPS) for MFFs. It will also serve as a guide on procedures for complying with environment safeguard requirements according to the ADB SPS and environmental policies of the Government of Bangladesh for potential new components which may be added to the component as part of subsequent tranches.
II. ASSESSMENT OF LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY
6. For the protection, conservation, and management of the biophysical and social environment from damaging development pressures, the Government of Bangladesh (GoB) has developed a complete legal framework, including laws, regulations, decrees, and standards addressing environmental and social safeguards. The policies and requirements which are most relevant in the context of this component are provided in table 2 below.
Table 2: Summary of Environmental Legislation Applicable to the Proposed Component
Act Objective Responsible Institution
1. National Environmental Policy, 1992
To ensure that development components do not pollute the environment or degrade resources. It sets out the basic framework for environmental action together with a set of broad sectoral action guidelines.
MoEF
2. National Environmental Management Action Plan (NEMAP), 1995
An action plan to identify key environmental issues affecting Bangladesh, identify actions for reducing the rate of environmental degradation and improve quality of life
MoEF
3. The Environment Conservation Act, 1995 (Amended in 2000, and 2002)
Sets out the basic rules to control, prevent and mitigate pollution and conserve and enhance the quality of the environment. It grants authority to the Department of Environment (DOE) to formulate rules to implement the Act.
DOE, MOEF
4. Environment Conservation Rules, 1997 (Amended in 2002)
Sets out rules for conduction of environmental assessment of components and issuance of environmental clearances.
DOE, MOEF
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Act Objective Responsible Institution
5. The EIA Guidelines for Industry (1997)
A handbook defining procedures for preparing and reviewing EIAs
DOE, MOEF
6. The Forest Act (1927) and Forest (Amendment) Act (2000)
An act to control trespassing, illegal resource extraction and provide a framework for the forestry revenue collection system
Department of Forests
7. National Forest Policy (1994)
To conserve existing forests and bring about 20% of the country’s land area under the Forestation Programme and increase reserved forests by 10% per year until 2015
Department of Forests
8. The Bangladesh Wildlife (Conservation & Security) Act, 2012
To conserve and protect wildlife in Bangladesh including designation of protected areas. Protection of wildlife is provided with lists of species with four schedules: first, second, third and fourth schedule. The fourth schedule species have the highest level of protection.
Department of Forests
9. East Bengal Protection and Conservation of Fish Act 1950 (Amended in 1982)
To protect and conserve fish in the inland waters of Bangladesh
Department of Fisheries
10. The Protection and Conservation of Fish Rules (1985)
It stipulates rules on fishing and activities that deplete fishes and fisheries including prohibiting harmful methods of fishing and harmful practices such as discharge of industrial effluents in water with fishes
Department of Fisheries
11. Hill Cutting Ordinance, 1986
Requires that any activity on hill cutting will be permitted only with prior approval from the Government
Prime Minister’s office
12. Bangladesh Labour Rules, 2015
Includes rules on registration of labourers, misconduct rules, income and benefits, health and fire safety, factory plan
Department of Labour
13. Bangladesh Labour Law 2006
It is a comprehensive law covering labour issues such as: conditions of service and employment, youth employment, benefits including maternal benefits, compensation for injuries, trade unions and industrial relations, disputes, participation of workers in company’s profits, regulation of safety of dock workers, penalty procedures, administration and inspection.
Ministry of Labour and Employment
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7. Under the Environment conservation Rules Components are classified as Red (most sensitive), Orange B, Orange A or Green (least sensitive). For any Orange B or Red Category component, an IEE1 must be submitted to DoE in order to obtain clearance to proceed to construction, or to undertake the full EIA if Orange B is upgraded to Red by DoE. Once the Orange B IEE is approved by DoE, the environmental requirements have been met. All Red Category components require a DoE-approved IEE before proceeding to EIA preparation. For the case of all proposed components under RCIP, including the current Component, DoE agreed to replace the IEE with the Initial Environment Scoping Report (IESR) to speed up the document preparation process for RCIP, given that DoE and ADB would be overseeing these submissions jointly. Once the EIA has been approved, the clearance certificate is issued. Key steps for processing the environmental clearance is provided in Figure 1.
Figure 1: Government of Bangladesh Environmental Assessment Process
8. Tranche 1 or construction of the rail line from Dohazari to Cox’s bazar has been classified as Red Category component and hence an Initial Environmental Scoping Report (IESR) was prepared as suggested by DoE. With this EIA, the Component will have met all GoB environmental safeguard requirements. As of April 2016, the environmental clearance process for the component has reached step C2.
1 The GoB IEE is significantly different from ADB’s IEE; essentially presenting the EIA’s ToR and ToC.
C3. EIA review by DoE, sometimes conditions; & Env clearance certificate
A1. Component Authorisation letter A2. Schedule 1 Classification A3. If Orange B or Red Category, presentation to DoE needed
B1.Prepare GoB IEE & if Red, include ToC for EIA C1. DoE review of Red
Category IEE & issues letter to proceed with EIA
C2. Prepare and submit EIA as per approved ToC, plus Treasury Chalan, NOCs from local authorities and Eng. Fees. Study
Return to applicant for modification
Decision within 60 working days from the date of application / IEE submission
Within 30 working days from the date of submission
B2. Orange B IEE review
by DoE, approved, with
Fee Payment include NOC
and Treasury Chalan
A2a. If Orange B or Red
category, proceed with
GoB IEE
A2b. If Orange, prepare EMP: if Green, no environmental action needed. No further consultation with DoE
IEE complete & implemented
EIA & EMP complete and implemented: Construction can begin
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9. In addition Bangladesh is a party to a large number of international conventions, treaties and protocols related to the Component. Five of these which are applicable to BR and the current component are listed in table 3 below.
Table 3: Applicable International Conventions, Treaties and Protocols
Conventions Signed Ratified/Accessed (AC)/Accepted(AT)
Relevance
International Plant Protection Convention (Rome, 1951) & Plant Protection Agreement for SE Asia and Pacific (1999 Revision)
01.09.1978 04.12.1974 (AC)
Ensuring that the Component work or construction materials do not introduce plant pests
Convention on Wetlands of International Importance (“Ramsar Convention”:1971)
20.04.1992 (ratified)
Protection of significant wetland and prevention of draining or filling during construction
Convention Concerning the Protection of the World Cultural and natural Heritage (Paris, 1972)
03.08.1983 (AT) 03.11.1983 (ratified)
Prevention of damage or destruction of culturally and/or historically significant sites, monuments, etc.
Convention on Biological Diversity, (Rio de Janeiro, 1992.)
05.06.1992
03.05.1994 Protection of biodiversity during construction and operation.
Convention on Persistent Organic Pollutants, Stockholm.
23.05.2001
In process Restrict use of pesticides and herbicides along rail lines
10. Environmental capacity of the Executing Agency (EA), Bangladesh Railways (BR) will need to be strengthened. The Component Implementation Unit (PIU) under BR based in Chittagong will have 2 dedicated Resettlement officers. In the absence of environment safeguards officers in the PIU, the Component Management Consultants (PMC) will include 2 officers that will support the PIU on environment safeguard matters. In addition the Construction Supervision Consultants (CSC) will include a total of 6 staff2 that will be responsible for implementing various aspects of environment safeguards. The contractor’s team will include at least 2 health and safety and environment specialists to ensure implementation of the Environmental Management Plan (EMP). An independent monitor for conducting third party monitoring of implementation of environment safeguards by the PIU, CSC and contractor will be recruited under a Capacity Building Technical Assistance (CDTA) that will be implemented together with the MFF. An initial coordination cum training workshop will be organized by BR to clarify roles and responsibilities of each party for complying with the requirements of this EARF, the respective Environmental Impact Assessment (EIA) or Initial Environmental Examination (IEE), Environmental Management Plan (EMP). Continued on the job training will be conducted by the CSC or ADB as necessary during component implementation.
2 1 Senior International Environment Specialist, 1 Senior National Environment and Safety Specialist, 1 mid-level national Health and Safety Specialist, 1 mid-level national Environment Specialist and 2 junior Environmental Safety Specialists,
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III. ANTICIPATED ENVIRONMENTAL IMPACTS
11. The component scope involves construction of a new 101 km rail line from Dohazari to Cox’s bazar in Eastern Bangladesh, including construction of 9 stations, and many bridges and culverts.
12. A total of 14 pre-construction stage impacts, 23 construction stage impacts and 11 operation stage impacts were identified and addressed in the EIA. These include:
loss of productive agricultural lands and conservation of topsoil;
land acquisition and resettlement impacts
impacts on low-lying areas and water bodies wherein protection measures are required to minimise impacts on surface water drainage, constriction of existing water bodies leading to flooding and dewatering, and the loss of large areas of forest due the clearing of the right of way (RoW);
air, noise, and vibration impacts due to construction vehicles, equipment, and machinery in the vicinity of construction site and inhabited sections, in addition to dust control during construction activities;
impacts on the river courses and the water quality during the construction of the embankment;
management of spoil disposal due to the excavation, and setting of bridge piers into the river beds;
the application of adequate occupational health and safety measures during construction including traffic diversions;
management of sites temporarily used for construction activities, including borrow areas, embankment storage areas, construction camps, etc., and rehabilitation of the sites after completion of the temporary use;
impacts on community health and safety hazards posed to the public, specifically in inhabited areas; and
impact due to elephant movement through construction areas as well as disruption of elephant travel routes due to construction.
impacts on the three protected areas (CWS, FWS and MNP)
long term impacts of noise and waste generated from the trains
13. Of the above, the most significant impacts are on the elephant crossings. 5 regular elephant crossing and 6 seasonal crossings have been identified. A combination of mitigation measures including underpasses, overpasses, locomotive mounted thermal imaging cameras, cellular enabled infrared camera traps, stationary thermal cameras, use of signage and training of the train operators have been proposed. A pilot test will be carried out on the three camera options during component construction. Based on further studies on the elephant’s movement patterns and findings and lessons from the pilot test, final decisions will be made on the mitigation measures to be adopted under the component.
14. The component is expected to have minimal negative impacts on the three protected areas mainly because the habitat is already highly disturbed. Through implementation of a compensatory afforestation program for trees removed under the component, possible habitat restoration activities in coordination with the local forestry officials; mitigation measures for elephant crossings (as described above) it is expected that the component will bring no “net loss” in the local biodiversity.
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15. While noise and vibration is a typical long term impact of rail components, the impacts under the component are expected to be limited due to the presence of few sensitive receptors in the high noise zone and existence of high baseline noise levels already exceeding standards in some locations.
16. Further details on the component impacts and mitigation and enhancement measures are provided in the EIA report which can be accessed on the ADB website at xxx.
IV. ENVIRONMENTAL ASSESSMENT FOR SUCCEEDING TRANCHES
17. All succeeding tranches including new components, not appraised under tranche 1, that may be included in succeeding tranches will follow environmental assessment procedures to meet the requirements of the ADB SPS and DOE as detailed in the following paragraphs. Any tranche including new components which are not subjected to these procedures will not be put forward for consideration or inclusion under the component. These procedures will be implemented by BR.
A. Screening and Classification
18. All succeeding tranches including new components if any will be initially screened to understand the nature and significance of anticipated environmental impacts by using the ADB Rapid Environmental Assessment (REA) checklist. Following the initial screening BR will propose and ADB will confirm the environmental categorization of each tranche based on the most environmentally sensitive component as A, B or C in accordance with the ADB SPS. Categorization. Classification as green, orange A, orange B or red will also be carried out under the criteria of the Environment Conservation Rules, 1997 (Amended in 2002) will also be determined and intimated to ADB.
B. Environmental Selection Criteria
19. The following Criteria shall be applied for selection of new components:
(i) All efforts will be made and clearly demonstrated to avoid components passing through or impacting critical habitat areas3 (according to the ADB SPS) such as designated wild-life sanctuaries, national parks or area of internationally significance (e.g., protected wetland designated by the Wetland Convention). If absolutely unavoidable, component passing through critical habitat areas can be selected only (i) if no alternatives are available, (ii) there are no measurable adverse impacts on the critical habitat that could impair its ability to function (iii) there is no reduction in the population of any recognized endangered or critically endangered species (iii) the overall benefits from the component substantially outweigh the environmental costs (v) Any conversion or degradation can be
3 6 criteria for critical habitat under ADB SPS: i) habitat required for the survival of critically endangered or
endangered species; ii) areas having special significance for endemic or restricted-range species; iii) sites that are critical for the survival of migratory species; iv) areas supporting globally significant concentrations or numbers of individuals of congregatory species; v) areas with unique assemblages of species that are associated with key evolutionary processes or provide key ecosystem services; and vi) areas having biodiversity or significant social, economic or cultural importance to local communities. These may include areas that are either legally protected or officially proposed for protection, such as areas that meet the criteria of the World Conservation Union classification, the Ramsar List of Wetlands of International Importance, and the United Nationals Educational, Scientific, and Culturual Organization’s world natural heritage sites.
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appropriately mitigated and there will be non “net loss” of biodiversity, and (vi) the respective wildlife agency supports the component.
(ii) All efforts will be made and clearly demonstrated to avoid having components impacting Physical Cultural Resources4 or passing through or near cultural heritage designated by UNESCO or declared as archeologically protected by GOB. If absolutely unavoidable, component passing through or near such sites be selected only (i) if no alternatives are available, (ii) any lesser impacts can be mitigated (iii) the overall benefits from the component substantially outweigh the environmental costs.
C. Environmental Assessments and Environmental Management Plans
20. For cases where new component components not appraised under tranche 1, Environmental Impact Assessment (EIA) reports for Category A components and tranches and Initial Environmental Examination (IEE) for category B components and tranches will be guided by the objective of ensuring the environmental soundness, sustainability and integration of environmental considerations into the component decision making process. Environmental impacts will be avoided, and where not possible, minimized, mitigated with appropriate offset measures where suitable and positive impacts will be enhanced through implementation of the EMP.
21. The EIA or IEE study will be conducted in accordance with the requirements of the 11 environment safeguard policy principles under ADB’s SPS 2009 as well as DOE, where required. For category A components, the EIA report must be prepared in a manner that the draft EIA can be disclosed on the ADB website at least 120 days before the approval of the respective tranche by ADB. For category B components the IEE report must be disclosed on the ADB website before ADB management approval of the respective tranche.
22. The EIA or IEE study should clearly identify and describe the area of impact, provide an assessment of potential impacts and mitigation measures and involve public consultations with affected people and other relevant stakeholders. It should include a comprehensive and practical EMP and clear institutional arrangements for implementing them. The conclusion of the study should clearly state whether (a) the EIA is the completed environmental assessment or (b) further assessment work is required and will be incorporated in a revised EIA.
23. In accordance with the requirements of ADB’s SPS while preparing the EIA or IEE the following issues (but not limited to these) must be investigated:
(i) Potential impacts on biodiversity including modified, natural, critical habitat and protected areas and necessary measures to minimize, mitigate and offset impacts.
(ii) Landslide, erosion, slope stability issues and necessary engineering and bioengineering measures to address them
4 Movable or immovable objects, sites, structures, groups of structures, and natural features and
landscapes that have archaeological, 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 ground or under water. Their cultural interest may be at the local, provincial, national, or international level.
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(iii) Potential waste issues including excavated spoil, hazardous materials and wastes and appropriate measures for their disposal, treatment and other forms of management.
(iv) Potential impacts on air and water quality and noise levels and expected changes in comparison to baseline levels and national/international standards due to the component with recommendations for appropriate mitigation measures where necessary
(v) Climate change risks for the component and recommendations for adaptation as well as mitigation including estimation of greenhouse gas (GHG) emissions that will be generated or reduced by the component
(vi) Occupational Health Safety issues and measures for the construction workers as well as the local communities in and around the component site.
(vii) Cumulative and Induced Impacts of the component in light of existing environment, ongoing development components and planned components in the near future
(viii) Potential impacts on physical and cultural resources and measures to avoid, minimize or mitigate impacts.
(ix) Grievance Redress Mechanism to address concerns and grievances of the affected people in the course of the component cycle.
(x) For category A tranches an analysis of alternatives on location and/or technical design of respective components will also need to be carried out
V. CONSULTATION, INFORMATION DISCLOSURE AND GRIEVANCE REDRESS
MECHANISM
A. Consultation
24. Meaningful public consultations must be held early on and continuously throughout the component development stage to allow the incorporation of relevant views of the stakeholders in the component design, mitigation measures, implementation issues, and enhance the distribution of benefits. The final design must be shared with the affected people and key stakeholders to ensure that all their relevant concerns have been incorporated. Stakeholders should include component beneficiaries, local affected people, relevant government agencies and non-governmental organizations. Consultations must be carried out in an environment free of coercion or intimidation and may be done through meetings, focus group discussions, interviews, hearings which will start with the description of the component design and initial identification of potential impacts. The consultations must encourage women participation and engage as many stakeholders as possible. All consultations conducted must be documented clearly in the EIA or IEE report with details on date, venue, issues discussed, total number of male and female participants.
B. Information Disclosure
25. For all tranches, disclosing the respective environmental safeguards document to the public will be the responsibility of BR. BR will be responsible for ensuring that all environmental assessment documentation, including environmental due diligence and monitoring reports, are properly and systematically kept. All environmental documents are subject to ADB’s Communication Policy 2011 and ADB SPS 2009. Therefore, these should be made available on request. For the case of category “A” tranche, the draft EIA report will be disclosed to the public through the ADB website, 120 days before the approval of the respective tranche for ADB financing. The IEE report for category B components and/or tranches will need to be disclosed
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to the public through the ADB website before the approval of the respective tranche for ADB financing. The findings of the EIA or IEE must be shared in a form or nature that is accessible and understandable by the affected persons and relevant stakeholders or necessary recommendations and guidelines made for sharing such kind of information before tranche approval. For category A components and/or tranches quarterly or semi-annual monitoring reports and for category B components and/or tranches, annual monitoring reports need to be disclosed to the public through the ADB website.
C. Grievance Redress Mechanism (GRM)
26. BR will establish a grievance redress mechanism (GRM) to voice and resolve social and environmental concerns linked to the component and ensure greater accountability of the component authorities towards all affected persons. This mechanism is not intended to bypass the government’s own legal process, but is intended to provide a time-bound and transparent mechanism that is readily accessible to all segments of the affected people. All costs involved in resolving the complaints (meetings, consultations, communication and reporting / information dissemination) will be borne by the Component.
27. Records of grievances received, corrective actions taken and their outcomes will be properly maintained and form part of the semi-annual environmental monitoring report to ADB. The GRM will include the steps as given in figure 1 and as described below:
Step 1: The complainant will be advised to first attempt to settle the complaint through direct communication either in person or by a phone with the local BR office. If the discussion with the complainant/community is successful, the contractor will be responsible for undertaking corrective measures and reporting it to BR, via the Engineer.
Step 2: Should the complaint not be addressed within a week, the next level would be to notify the local Grievance Redress Committee (GRC) of the unresolved issue. The local GRC will then communicate either to the contractor or BR and a solution will be discussed with the complainant within one working week. If more time is required, the local GRC should communicate directly with the complainant describing the reasons of the delay.
Step 3: If Step 2 fails to resolve the issue within two weeks of the receipt of the complaint, it will be forwarded to the Central GRC and a formal hearing undertaken. At this point a decision must be rendered within two weeks or the complainants concerns will be deemed correct and immediate mitigative actions will be required and fully executed within five days of the end of the two-week period.
Step 4: If Step 3 fails to resolve the issue, the complainant may proceed to legal arbitration.
28. The Local GRC will comprise the following members:
(i) BR Regional Director or Representative - GRC chair and convener (ii) Concerned Upazilla Chairman or Senior Representative – GRC Committee
member (iii) Female member of concerned ward(s) of the UP – GRC Committee member
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(iv) District DoE Representative - GRC Committee member OR INGO Representative for resettlement issues
(v) Representative from area where grievance was filed - GRC Committee member
29. When dealing with environmental matters, the GRC should have five permanent members, with the DoE representative replacing the INGO Representative. In order to convene, a GRC meeting with a quorum of three persons will be required. All GRC decisions will be recorded by the GRC, and sent to the local and head office of Bangladesh Railway.
30. The central GRC will comprise the following members:
(i) BR Regional Director or Representative - GRC chair and convener (ii) Environmental Specialist from the PMC (iii) Environmental Specialist from the CSC
31. Prior to the start of the construction, BR or its representative will make public the establishment of the grievance redress steps and the process, and advertise all contact information and grievance redress steps via posters at every UP office involved, as well as at every train station in the Component corridor. The posters will be in the local language and posted within 30 days of the start of construction. The BR representative will check at least monthly to ensure that the posters are prominently displayed and provide clear contact instructions and numbers. A complaint register will be kept of all grievances received, including contact details of complainant, date of complaint submission, nature of grievance, agreed corrective actions and the date these were affected, and final outcome.This procedure and monitoring will be reported in the semi-annual monitoring report submitted to ADB. Provisions may also be made for lodging complaints on the component website.
Figure1: Grievance Redress Mechanism
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VI. INSTITUTIONAL ARRANGEMENT FOR IMPLEMENTING EARF AND RESPONSIBILITIES
32. BR is the Executing Agency (EA) for the MFF and will be responsible for ensuring that all components of this EARF are complied with. A Component Implementation Unit (PIU) based in Chittagong will manage the day to day activities of the component. The PIU will be headed by a Component Director (PD) who will have an Assistant PD to support him. Under the PIU there will be an Environmental and Social Safeguards Unit (ESSU). The ESSU currently has two Resettlement Officers and is in the process of recruiting environment safeguards officers5. In the absence of environment safeguards officers in the PIU, the Component Management Consultants (PMC) will include 2 officers that will support the PIU on environment safeguard matters.
33. The Construction Supervision Consultants (CSC) will include a total of 6 staff6 that will be responsible for implementing various aspects of environment safeguards. The contractor’s team will include at least 2 health and safety and environment specialists to ensure implementation of the Environmental Management Plan (EMP). An independent monitor for conducting third party monitoring of implementation of environment safeguards by the PIU, CSC and contractor will be recruited under a Capacity Building Technical Assistance (CDTA) that will be implemented together with the MFF.
34. Responsibilities of various agencies involved in the component implementation are described in subsequent paragraphs.
A. Roles and Responsibilities
1. BR as Executing Agency (EA)
35. The EA’s responsibilities will mainly be focused on addressing environment safeguard issues that cannot be addressed at the PIU level. Specific responsible are the following:
Ensuring that all environment safeguard requirements as given in ADB SPS 2009, and applicable laws and rules under DOE are being complied with during all stages of the component.
Timely endorsement and signing of key documents and forwarding to the respective agency such as those required for processing of environmental clearance, forestry clearance etc. and disclosure of reports on ADB website.
Taking proactive and timely measures to address any environment safeguards related challenges such as delays in processing of clearances (during pre-construction stage), significant grievances (during construction stage)
Endorse environmental assessment and/or environmental monitoring reports submitted by the PIU or CSC and forward to ADB for disclosure on the ADB website
Coordinate and seek technical guidance and support from relevant government agencies, institutions and NGOs to address environmental challenges within the component when necessary
5 Given the lengthy internal government procedures for recruiting new staff, it is expected that it will take a
minimum of two years to recruit the Environment Safeguard Officers 6 1 Senior International Environment Specialist, 1 Senior National Environment and Safety Specialist, 1
mid-level national Health and Safety Specialist, 1 mid-level national Environment Specialist and 2 junior Environmental Safety Specialists,
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Information dissemination, consultation, and public disclosure of Component related information through the BR website or local media or by convening public meetings.
Overall management of the grievance and redress mechanism
2. ESSU, PIU and PMC
36. The PIU will be responsible for overseeing day to day management of physical construction works on site and implementation of environment and social safeguards. In the absence of environment safeguards officers currently in the ESSU (see footnote 2), the PMC will support the PIU on environment safeguard matters. Specific responsibilities of the PIU on environment safeguards which will be implemented with the support of the PMC are:
Review and approve any environment safeguard documents prepared by the contractor or CSC and forward them to BR for endorsement
Review and approve all sub-plans submitted by the contractor such as camp site layout plan, compliance to regulatory requirement action plan, borrow area management plan, traffic management plan, waste disposal management plan, spill management plan, tree plantation management plan and others.
Monitoring, inspection and evaluation of EMP implementation by the contractor
Require the contractor to modify the EMP when necessary,
Prepare forms, reports and all documents etc. for processing of environmental, forestry clearances, tree cutting permits and other relevant clearance and permits in a timely manner and submit for further review and signing by BR
If any problems or long delays are encountered when processing the clearance documents, immediately alert BR and seek ways resolve the problem at the soonest.
Ensure that all necessary regulatory clearances are obtained prior to commencing any civil work.
Ensure that the EMP which includes required mitigation measures and monitoring requirements forms part of bidding documents
Ensure that contractors have access to the EIA or IEE report including EMP of the component.
Ensure that contractor understand their responsibilities to mitigate environmental problems associated with their construction activities.
Ensure and monitor that all required permits, no objection certificates etc. are obtained by the contractor for establishment and operation of equipment and facilities as detailed in the EIA or IEE.
Ensure that the contractor implements the EMP as given in the EIA or IEE report.
In case of unanticipated environmental impacts or design changes during component implementation stage immediately inform ADB to make a decision on whether additional studies need to be carried out or updates need to be made to the EIA or IEE report or EMP
In case of unanticipated impacts or design changes, depending on the decision made above, instruct the CSC or recruit consultants to conduct additional studies or update the EIA or IEE and EMP.
In case during component implementation component needs to be realigned, review the environmental classification and revise accordingly, and identify whether supplementary environmental studies are required. If required, prepare the TOR for undertaking the studies and instruct the CSC or recruit consultants to carry out the study.
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Where necessary seek technical guidance from relevant government agencies, NGOs, the independent monitor and coordinate implementation of environment safeguard activities such as compensatory afforestation, habitat restoration and other environmental enhancement measures.
Closely monitor the Pilot testing of the three camera options7 that will be implemented by the contractor for tracking movement of elephants across railway tracks.
Based on recommendations from the CSC and Wildlife Expert of the Independent Monitor and in consultation with ADB make a decision on the incorporation of the most feasible camera option in component operations
Coordinate and ensure proper incorporation of the signaling systems or information transfer system of the selected camera option into the rail operating system including organization of training for the train operators
Ensure that construction workers work under safe and healthy working environment in accordance with the occupation health and safety requirements in the EMP.
Ensure effective implementation of Grievance Redress Mechanism to address affected people’s concerns and complaints.
Review the semi-annual environmental monitoring reports on implementation of environment safeguard requirements including the EMP prepared by the CSC and forward it for endorsement to BR for further forwarding to ADB for disclosure on the ADB website
Review semi-annual reports prepared by the Independent Monitor and provide feedback as necessary
Ensure that Environmental Due Diligence reports are prepared on existing component components and tranches by the CSC when preparing component documents for the subsequent tranches
Ensure proper disclosure of component related information to concerned parties through the BR website, public meetings or other means
3. Construction Supervision Consultant (CSC)
37. BR will mobilize the CSC for supervision of implementation of civil works, including the EMP. The CSC’s environment team will consist of an Environmental Specialist and a Health and Safety Specialist. The CSC Environmental team will ensure strict and effective implementation of the EMP by the Contractors. Specific responsibilities of the CSC environmental team are the following:
Support BR and the PIU on preparing documents and reports required for securing clearances, permits related to component implementation
Support BR and the PIU with all other measures to ensure relevant statutory clearances are secured on time;
Review all sub-plans required to be submitted by the contractor such as camp site layout plan, compliance to regulatory requirement action plan, borrow area management plan, traffic management plan, disposal management plan, spill management plan, tree plantation management plan and others and recommend to the PIU for approval of these sub-plans;
7 Locomotive mounted thermal imaging cameras, cellular enabled infrared camera traps, stationary
thermal cameras
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Provide training to PIU and Contractors’ staff on implementing environmental safeguard measures;
Conduct regular site inspections to examine environmental compliances and suggest corrective actions;
Conduct day-to-day supervision of implementation of stipulated safeguard measures by the contractor to ensure accountability;
In case of unanticipated environmental impacts or design changes during component implementation stage immediately alert the PIU and provide recommendations on whether additional studies need to be carried out or updates need to be made to the EIA report or EMP
In case of unanticipated impacts or design changes, depending on the decision made by the PIU conduct additional studies or update the EIA or IEE and EMP.
In case the component needs to be realigned during component implementation, advise the PIU if there is a need to conduct supplementary environmental studies. Depending on instructions of the PIU conduct the supplementary environmental studies.
Provide on-site technical guidance, advise or on the job training to contractors on specific environment safeguard issues when necessary
Ensure that the contractor follows requirements on location, timing and method of construction activities to avoid or minimize adverse impacts on the local biodiversity with special attention on critical and natural habitat and endangered floral and faunal species such as the Asian Elephant
At times of emergencies concerning environment safeguards (example: having an elephant near the component construction site) immediately give appropriate instructions to the contractor to resolve the issue and coordinate with the relevant government agencies such as the Forestry Department if necessary
Coordinate with and support the Independent Monitor if required for conducting further studies on elephant movement patterns in the component area
Provide guidance to the contractor on the implementation of the Pilot testing on locomotive mounted thermal imaging cameras, cellular enabled infrared camera traps, stationary thermal cameras for tracking the movement of elephants across railway tracks. Based on advice from the Independent Monitor make necessary adjustments in the pilot test if necessary
Record the experiences and lessons from the pilot test of the three camera options on the technical, logistical and financial aspects and recommend the most feasible option for incorporation in the component operations
Support and guide the PIU for incorporating the signaling systems or information transfer system of the selected camera option into the rail operating system including organization of training for the train operators
Ensure the smooth functioning of the GRM, facilitate addressing of grievances from affected parties and maintain proper records of all grievances received and addressed under the component
Prepare semi-annual Environmental Monitoring Reports on implementation of environment safeguards and submit it for review and approval to the PIU
Prepare Environmental Due Diligence reports on existing component components and tranches when preparing component documents for the subsequent tranches
4. Contractor
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38. The Contractor will provide a team of environmental and occupational health and safety specialist that will have presence in all construction and camp sites and active construction fronts. The key responsibilities of Environment and EHS Specialists of Contractor will include the following:
Prepare the contractors proposed Environmental Management and Work Schedule (EMWS) based on the EMP prepared in the EIA or IEE;
Prepare all sub-plans related to environment safeguards such as the traffic management plan, waste management plan, borrow area management plan, dredge management plan, occupational health and safety plan, tree plantation plan, camp layout plan and others as given in the contract document for approval by the PIU;
Under the guidance of the CSC implement the pilot testing of the three camera options (see footnote 4) for tracking elephant movement across rail tracks and accurately record experiences on operational aspects of each option
Procure and install the camera option that is selected based on the results of the pilot test
Incorporate necessary changes in the rail operating systems and rules for operation of the selected camera option
Organize training for train operators on operation of the new camera system
Based on technical guidance and recommendations from the Independent Monitor prepare the final design and construct the elephant overpasses including funneling structures, signboards etc.
Implement the EMP and ensure the construction works comply with the EMP and conditions of all environmental clearances and permits issued by respective statutory bodies;
If any design changes are warranted or new environmental issues are experiences immediately inform the CSC, PMC and BR
Conduct monitoring of environmental quality parameters in accordance with Environmental Monitoring Plan
Conducting periodic environmental and safety training for contractor’s engineers, supervisors and workers;
Prepare and submit monthly reports to CSC on status of implementation environment safeguard measures.
5. Independent Monitor for Environment Safeguards (IMES)
39. For environment category A tranches involving significant environmental impacts ADB will employ under a separate CDTA an independent monitor for conducting third party monitoring of environment safeguards implementation under the component and conduction of further studies as necessary. The IMES will comprise of an International Biodiversity Expert, a National Biodiversity Expert and a National Environmental Specialist. Specific responsibilities of the IMES are:
Review the ecological study conducted on elephants by International Union for Conservation of Nature (IUCN) as part of the EIA
Conduct baseline field surveys and studies of elephant movement patterns and behavior over at least one year in order to provide site specific guidance to the contractor on the exact location and design of elephant overpass across the rail alignment including funneling structures
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Continue monitoring elephant movement patterns in the component area during component construction stage and three years during component operation stage
Review the experiences and lessons of the pilot testing of the three camera options (locomotive mounted thermal imaging cameras, cellular enabled infrared camera traps, stationary thermal cameras) that will implemented by the contractor and provide recommendations for the most feasible option to be included in the component operations
Review the EIA report and EMP prepared for components and conduct third party monitoring on the implementation of the EMP by the contractor and supervision by the CSC throughout the construction period and defect liability period
Prepare semi-annual monitoring reports to document findings on third party monitoring activities during componention construction and submit to BR and ADB for disclosure on the ADB website
Monitor the performance of the elephant mitigation measures (overpass and recommended camera options) and other biodiversity enhancement and document the lessons learnt for at least three years during component operations
Monitor the air quality and noise levels for at least three years during component operations to gauge the changes in comparison the baseline levels
Based on the passenger numbers in the new rail line and other relevant data estimate the GHG emissions generated and reduced per annum for a minimum of three years during component operation.
Prepare annual monitoring reports during component operation period to document the effectiveness of the elephant mitigation measures, changes in air quality and noise levels, GHG emissions and other for submission to BR and ADB and disclosure on the BR and ADB website.
6. ADB’s Responsibilities
40. As a funding agency ADB is responsible for the following:
Review EIA or IEE reports including EMP, provide feedback and disclose the reports on the ADB website as required by the ADB SPS;
Issue approval of component components and tranches based on the approval of the respective EIA or other environmental assessment reports;
Provide assistance to BR, if required, in carrying out its responsibilities and for building capacity for safeguard compliance;
Review the findings and recommendations of the pilot testing of the three camera options for elephant mitigation and in consultation with BR make a decision on the option to be taken up for implementation
Monitor overall compliance of the component to EIA/IEE and EMP through review missions;
Review all environmental monitoring reports submitted by BR, provide feedback and disclose the reports on the ADB website as required by the ADB SPS
Provide guidance to the BR and PIU on issues related to inclusion of new component components, changes in component design, occurrence of unanticipated environmental impacts during component implementation, emergency situations and others as necessary.
Organize capacity building activities on environment safeguards for BR the PIU, CSC as and when necessary
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41. Since the component is following a time-slicing approach all component components will be appraised upfront during the preparation of tranche 1. Hence, there will be no additional budget requirements for environment safeguards while preparing subsequent tranches. However, should any new components be added to the component in subsequent tranches, additional budget will be required for screening and categorization and preparation of IEE/EIA reports including EMP for each new component. This additional budget will be sourced from BR or existing budget allocated for the CSC.
VII. MONITORING AND REPORTING
42. BR has the responsibility for undertaking environmental due diligence and monitoring the implementation of environmental mitigation measures for all component components under respective tranches. The due diligence report as well as monitoring implementation of the environmental management plan needs to be documented systematically. ADB must be given access to undertake environmental due diligence for all component components, if needed.
43. The EMP will have internal monitoring by the CSC and external monitoring by the IMES. The monitoring reports will document progress made in EMP implementation, with particular attention to compliance with each component of EMP. Monitoring will relate to compliance with construction contracts, effectiveness of mitigation measures, and complaints, and the state and health of nearby environmental resources (also known as ‘ambient environmental monitoring’). Ambient monitoring will follow the approach to selecting quantitative standards, as recommended in the ADB’s SPS 2009.
44. Monitoring will be carried out by BR on a regular basis during construction. During operation BR will conduct monitoring for at least 3 years to confirm the effectiveness of the mitigation measures for elephant crossings, other environmental mitigation measures implemented and monitor greenhouse gas emissions generated or reduced from the new rail line. BR will submit semi-annual monitoring reports for category A and annual monitoring reports for category B tranches to ADB during construction. During operation BR will submit annual Environmental Monitoring reports to ADB.
