TERMS OF REFERENCE: CONSULTANCY SERVICES TO DRAFT PLANNING REGULATIONS FOR THE VIRGIN ISLANDS

Transcription

1 TERMS OF REFERENCE: CONSULTANCY SERVICES TO DRAFT PLANNING REGULATIONS FOR THE VIRGIN ISLANDS 1.0 INTRODUCTION The 2010 rainfall events which affected the Virgin Islands (VI), particularly the islands of Tortola, Virgin Gorda and Jost Van Dyke, magnified the effects of the inappropriate land use practices that had been occurring prior to these events. The rainfall events resulted in major slope erosion and flooding that caused losses to property and damage to road infrastructure. Postevent assessment reports cited inadequate land use planning and development control as factors which contributed to the damage incurred. The Town and Country Planning Department (TCPD) located in the Office of the Premier, is responsible for ensuring the proper land use and spatial development of the Territory through integrated land use planning and management, and public education. Land use planning designates and regulates the use of land in order to select and adopt the best options to meet the Government of the Virgin Islands (GoVI) national socioeconomic development objectives. The primary functions of TCDP include: a) Preparing and monitoring the physical development plans for the Territory; b) Controlling the development of land having regard to proper planning standards; c) Environmental management practices; and d) Monitoring of development activities and enforcing planning control. TCDP also serves as the Secretariat to the Planning Authority, to whom, the responsibility for Development Control is delegated, under the Physical Planning Act, 2004 (the Act ). The operations of TCPD are guided by the Act and the Land Development Control Guidelines, The Act and the Guidelines make provision for: (a) the orderly and progressive development of land in both urban and rural areas; (b) protection of the environment; (c) granting of permission to subdivide or develop land; and (d) the acquisition and development of land for planning purposes. The Land Development Control Guidelines also provide information to developers applying for development permission. The Department of Disaster Management (DDM) is responsible for ensuring that accurate hazard data is used to inform and educate the public about areas at risk and to define required mitigation measures to reduce the impact from natural hazards. The DDM also serves as a member of the Planning Authority and provides hazard vulnerability assessments for various development applications to allow for the Authority to make informed decisions. GoVI understands that land use planning is essential to reducing disaster risks. In determining the suitability of land for development purposes as well as decision making on development applications, the Physical Planning Act allows for TCPD, the DDM and other regulatory agencies to take into account, among other things, the susceptibility of the area to any natural or man

2 made hazards including flooding, erosion, subsidence, instability or other condition of the physical environment. While the Territory boasts a fairly modern and robust Act, there are no regulations in place to carry into effect the provisions of the Act. In order for the Act to be effectively implemented, a full range of regulations needs to be drafted to guide and regulate private and public sector development, thereby reducing the Territory s vulnerability. 2.0 OBJECTIVES The objective of the consultancy is to reduce the vulnerabilities associated with climatic events on the Virgin Islands environment, through the development and subsequent application of Planning Regulations. 3.0 SCOPE OF WORK The scope of services includes, but is not limited to: a. Review of: (a) the Act in order to identify the sections of the Act requiring specific regulations and generally to develop regulations for carrying into effect the provisions of the Act; and (b) the Land Development Control Guidelines, b. Development of the following Regulations: I. Procedures to be followed and the form of any form or notice, order or other document authorized or required to be served by the Act, in connection with applications for grant of development permission (A revised draft of the Land Development Control Guidelines already exists) II. Procedures for environmental impact assessments and the form of environmental impact statements (EIS) (a draft of this document already exists) III. Incorporation of hazard vulnerability assessments to provide guidance for making decisions on development applications. IV. Fees payable under the Act including those related to the use of National Geographic Information System (GIS) data, Hazard Vulnerability Assessments and the process for submission of data by developers and other government agencies to enhance National GIS datasets. 4.0 CONSULTATIONS The consultants will be required to facilitate meetings for gathering feedback on the work undertaken at various project stages as follows: a) Conduct a series of stakeholder/focus group consultations to gather the views of the various key departments and agencies such as, but not limited to, the Premier s Office, the TCPD, Department of Disaster Management, Survey Department, Conservation and Fisheries, Land Registry Department, National Parks Trust, the Planning and Building Authorities and the Attorney Generals Chambers, on the draft Regulations. The private sector, Non Governmental Organisations and Community based Organizations, should

3 also be consulted. The stakeholder/focus group consultations should be designed to ensure informed feedback from the stakeholders. b) Prepare a brief report on the stakeholder/focus group consultations on the draft Regulations, including the list of participants and the main conclusions and recommendations. c) Prepare the final draft Regulations as appropriate, based on feedback from the stakeholder/focus group consultations. d) Conduct a national consultation on the Act and the final draft Regulations. e) Prepare the required documentation for submission and subsequent presentation of the final draft Regulations to the Cabinet of Ministers. f) The Consultant is expected to visit the Territory at least twice during the preparation of the Regulations and to conduct local stakeholder consultations, to ensure that the Regulations are in line with Government s policies and procedures and other relevant legislation governing the Territory. 5.0 INPUTS AND EXECUTING ARRANGEMENTS Technical Assistance will be executed through TCPD in conjunction with the Department of Disaster Management. Both departments will make available all relevant policies, guidelines and other documentation to facilitate the completion of the consultancy. 6.0 QUALIFICATIONS AND EXPERIENCE The Consultant shall possess: At least an LLB degree and a post graduate specialised qualification in Legislative Drafting; A minimum of seven years legislative drafting experience; and Excellent organisational and communication skills. Specific experience in Planning and Environmental Law will be an asset. Experience in legislative drafting in the Caribbean context is desirable. 7.0 DELIVERABLES/OUTPUTS The Consultant(s) will be required to submit two (2) hard copies and (2) digital copies of the following reports to TCPD and DDM within the time periods indicated: Inception Report describing the approaches and timelines proposed to prepare and deliver the scope of works outlined, within two week of the commencement of the consultancy. TCPD and DDM will provide comments on this report within two weeks of receipt of the report and the Consultant will adjust the ongoing work according to the comments received. Draft Regulations to carry into effect the provisions of the Act for presentation and discussion at stakeholder/focus group consultations with TCPD, Attorney General s Office and other relevant stakeholders. Report (Report 1) on the main discussions and conclusions arising from the stakeholder/focus group consultations on the Draft Regulations. The report should also include a list of the persons with whom discussions were held.

4 Draft Final Regulations for presentation at a national stakeholder consultation within two months after completion of Report 1. The Draft Final Regulations should take account of the comments in Report 1. Brief report (Report 2) on the main discussions and conclusions arising from the national stakeholder consultation to discuss the Act and Draft Final Regulations. The report should include a list of the persons who participated in the national consultation. Final Regulations after the submission of Report 2. The Final Regulations should take account of the comments in Report DURATION The Project is to be implemented over a period of six months. 9.0 INDICATIVE TIME FRAME AND MAN DAYS CONSULTANCY SERVICES TO DRAFT PLANNING REGULATIONS FOR THE VIRGIN ISLANDS NO. OF MAN DAYS 1 Inception Report 4 2 Draft Regulations 30 3 Report Draft Final Regulations 14 5 Brief Report Final Regulations 10 TOTAL MAN DAYS COMMENTS BY THE CONSULTANTS The Consultants are encouraged to make comments on, and suggestions for, improvements to these Terms of Reference. The financial implications, if any, of these recommendations should be indicated separately in the Financial Proposal TECHNICAL AND FINANCIAL PROPOSALS A technical and financial proposal based on the Terms of Reference outlined above must be provided no later than 4:30 pm on June 27, The proposal must include full Curriculum Vitae for the consultant and each member of the consultancy team (if team approach is utilised). The Technical Proposal should indicate at minimum: 1. Proposed approach to be taken for the implementation of the consultancy 2. Evidence of stakeholder participation in the development of the proposed documents 3. Timelines 4. Curriculum Vitae of consultant and for each member of the team (if a team approach is

5 utilised) The Financial Proposal should have a detailed budget breakdown with man days for each team member identified. The Consultant may be an individual or firm/company and should be able to assume duties by July 15, The duration of the Consultancy is scheduled to NOT exceed a maximum of five (5) months. Further information may be obtained from Ms. Sharleen DaBreo at the DDM. Please send applications to the contact and address below: Ms. Sharleen DaBreo, Director Department of Disaster Management #3 Wailing Road, MacNamara Tortola VG1110 VIRGIN ISLANDS E Mail: bviddm@surfbvi.com Tel: Fax