Environmental Assessment and Review Framework. SRI: Second Integrated Road Investment Program

Transcription

1 Environmental Assessment and Review Framework June 2017 SRI: Second Integrated Road Investment Program Prepared by the Road Development Authority, Ministry of Higher Education and Highways, Government of Sri Lanka for the Asian Development Bank

2 CURRENCY EQUIVALENTS (As of 4 May 2017) Currency unit Sri Lanka Rupee (Rs/SLR) SLR 1.00 = $ $1.00 = SLR ABBREVIATIONS ABD - Asian Development Bank BIQ - Basic Information Questionnaire BOQ - Bill of Quantities CCA - Coast Conservation Act CC & CRMD - Coast Conservation and Coastal Resource Management Department CSD - Context Sensitive Design DG - Director General DS - Divisional Secretariat DWLC - Department of Wildlife Conservation EARF - Environment Assessment and Review Framework EC - Environment Checklist EO - Environment Officer EIA - Environment Impact Assessment EMC -- Environment Monitoring Checklist EMP - Environment Management Plan EMAP - Contract Package Specific Environment Management Action Plans EPL - Environmental Protection License ES - Environment Specialist ESDD - Environment and Social Development Division ESO - Environment Safeguard Officer ESU - Environment and Social Unit FaFPA - Fauna and Flora Protection Act FD - Forest Department FGD - Focus Group Meeting GHG - Green House Gas GoSL - Government of Sri Lanka GN - Grama Niladhari GND - Grama Niladhari Division GRC - Grievance Redress Committee GRM - Grievance Redress Mechanism GS & MB - Geological Survey and Mines Bureau HoHEH - Ministry of Higher Education and Highways IEE - Initial Environment Examination IEER - Initial Environment Examination Report iroad - Integrated Road Investment Program iroad 2 - Second Integrated Road Investment Program IML - Industrial Mining License MFF - Multi tranche Financing Facility MRM - Management Review Meeting NEA - National Environment Act NBRO - National Building Research Organization NP - National Park

3 NPPD - National Physical Planning Department NR - Nature Reserve PAA - Project Approving Authority PD - Project Director PFR - Periodic Financing Request PIC - Project Implementing Consultant PIU - Project Implementing Unit PP - Project Proponent PRDA - Provincial Road Development Authority PS - Pradeshiya Sabha RDA - Road Development Authority REA - Rapid Environment Assessment ROW - Right of Way SAPE - Survey and Preliminary Engineering SGRS - Social, Gender, Resettlement Specialist SLSI - Sri Lanka Standards Institution SNR - Strict Nature Reserve SPS - ADB, Safeguards Policy Statement, 2009 SSO - Social Safeguards Officer TA - Technical Assistance TEC - Technical Evaluation Committee TEEMP - Transport Emissions Evaluation Model for Projects UDA - Urban Development Authority UXO - Unexploded Ordinance This environment 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 on ADB s website. In preparing any country program or strategy, financing any project, 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

4 CONTENTS Executive Summary... i A. Introduction... i B. Legal Framework and Institutional Capacity... i C. Anticipated Environment Impacts... ii D. Environment Assessment Procedures... ii E. Consultation, Information Disclosure and Grievance Redress Mechanism... iii F. Institutional Arrangement... iv G. Monitoring and Reporting... iv I. Introduction... 1 A. Background of the investment program... 1 II. Legal Framework and Institutional Capacity... 2 A. Legal Framework of GoSL on Environment Safeguards... 2 B. ADB Safeguard Policy Statement C. Institutional capacity III. Anticipated Environment Impacts IV. Environment Assessment Procedures A. Environmental Criteria for Selection of Project Roads B. Screening and Classification C. Environmental Assessment and Environmental Management Plan V. Consultation, Information Disclosure and Grievance Redress Mechanism A. Public consultation B. Information disclosure C. Grievance redress mechanism VI. Institutional Arrangement A. Institutional arrangement B. Responsibilities C. Allocation of a budget for environment management VII. Monitoring and Reporting Appendices Appendix 1: Multi criteria list for road selection Appendix 2:Environment Checklist and Rapid Environmental Assessment (REA) Checklist Appendix 3: Outline of an Initial Environmental Examination (IEE) Report Appendix 4: Sample Environmental Management Plan Appendix 5: Sample Environmental Monitoring Checklists Appendix 6: Outline of an Environmental Monitoring Report List of Tables Table 1: A Summary of Roads under iroad Table 2: Applicable National Laws and Regulations for the Investment Program... 5 Table 3: Approvals/Clearances, Permits and Licenses Applicable for the Investment Program.. 9 Table 4: Responsibilities for Environmental Safeguards Implementation...21 Table 5: Summary of Budget Requirements for Implementing this EARF...24 List of Figures Figure 1: The Coastal Zone of Sri Lanka... 4 Figure 2: Summary of GRM Process...19

5 i EXECUTIVE SUMMARY A. Introduction 1. In year 2014, the Government of Sri Lanka (GoSL) formulated the Integrated Road Investment Program (iroad program) with the intension of (a) improving road conditions between selected rural communities and socioeconomic centers, and (b) enhanced capacity of road agencies. Asian Development Bank (ADB) financed this program through a time slice Multitranche Financing Facility (MFF). The program is now being implemented in Southern, Central, Sabargamuwa, North Western and North Central Provinces and Kalutara District in Western Province. Based on the success of this program, the GoSL has requested ADB to finance Second iroad program (iroad 2) under the same loan modality. The second integrated road investment program (iroad 2) will be implemented in Northern, Eastern, Uva and Western Provinces. 2. Around 5,600 kilometers (km) of roads (including class A & B National roads) located in above four provinces were selected (long list of road) based on the multi criteria list to conduct Survey and Preliminary Engineering Survey (SAPE) works. The final list of roads (from the long list) in each province to be rehabilitated, improved and maintained under this investment program will be selected based on the outcome of SAPE works. Based on the geographic spread and cost of construction, each district will have contract packages between two (2) to four (4) numbers. For Pradeshiya Sabha (PS) and Provincial Road Development Authority (PRDA) roads, the improved carriageway width will be from 2.5 m to 5.5 m, while carriageway of roads under Road Development Authority (RDA) will be improved up to 5.5 m to 8.0 m. B. Legal Framework and Institutional Capacity 3. The National Environment Act No. 47 of 1980 (NEA) and its amendment Act No. 56 of 1988 is considered as the basic national law for protection, management and enhancement of the country s environment. The Environment Impact Assessment (EIA) process is implemented through designated Project Approving Agencies (PAA) as prescribed by the Minister under section 23 Y of the NEA. The Central Environmental Authority established in 1981 administers the NEA. 4. The Coast Conservation Act No. 57 of 1981 and its amendments govern the activities that are carried out within the Coastal Zone as defined in the Act. The Coast Conservation and Coastal Resource Management Department regulates the provisions stipulated in this Act. 5. The Fauna and Flora Protection Act which is administered by the Department of Wild Life Conservation is responsible to protect, conserve and preserve fauna and flora in Sri Lanka and to prevent any commercial exploitation of such species. 6. The scope of iroad 2 is to rehabilitate and upgrade existing PS, PRDA and RDA roads with no widening of Right of Way (ROW). Thus, the program will not fall within the Prescribed Project category of NEA requiring an Initial Environment Examination (IEE) or EIA. As some of the project roads are located within the Coastal Zone, RDA shall obtain recommendations from Coast Conservation and Coastal Resource Management Department. Any road that is located fully or partially within or in the buffer zone of a Strict Nature Reserve (SNR), Nature Reserve (NR) or National Park (NP) will not be selected for improvements. RDA will consult Department of Wild Life Conservation in case a road is located fully or partially within other protected area other than a SNR, NR or NP. Other than the above requirements, specific approvals/ clearances,

6 ii permits and licenses will be required to be obtained during pre-construction and construction stages of the investment program. 7. ADB s Safeguard Policy Statement, 2009 (SPS) consists of policy objectives, scope and triggers, and principles on Environment, Indigenous People and Involuntary Resettlement safeguards. The SPS involves a structured process of impact assessment, planning, and mitigation to address the adverse effects of projects throughout the project cycle. 8. RDA as the Project Implementing Agency will establish Project Implementing Units (PIUs) in each province with the Western Province PIU also acting as the central coordinating PIU. Each PIU will be headed by a Project Director (PD) supported by an expert staff and support staff. Each PIU will have an Environment and Social Unit (ESU). A Survey and Preliminary Engineering (SAPE) works team will assist the central coordinating PIU in preparation of relevant safeguards document during SAPE work stage of the investment program. The Environment and Social Development Division (ESDD) of RDA will also assist the coordinating PIU and other PIUs established at Provincial level to execute safeguard requirements. Project Implementing Consultants (PICs) will also be appointed at province level to assist the provincial PIUs. C. Anticipated Environment Impacts 9. The investment program will involve rehabilitation, upgrading and maintaining roads belonging to PS, PRDA and RDA to suit all weather conditions. Carriageway width for PS and PRDA roads will be from 2.5 m to 5.5 m; RDA roads will be improved within a carriageway from 5.5 m to 8.0 m. All these improvements will be carried out within the available ROW, and no land acquisition will be carried out. Most of the adverse impacts will occur during the construction stage of the investment program. Impacts on the local environment in the form of air pollution, water pollution, generation of noise and vibration, soil erosion, slope failures and landslides, generation of solid waste, loss of vegetation including damages to coastal habitats and aesthetic beauty are some of the key negative environment impacts. Worker force safety, safety of public and vehicles, conflicts between residents of an area and worker force are some of the social issues that would arise during the construction stage. Suitable mitigation measures will be developed to address these issues, and specific issues that are observed during preparation of road specific environment checklists. These measures will be included in the environment assessment reports prepared for each province. Due to improvements to the existing carriageways, it is expected that there will be a minor increase in Green House Gas (GHG) emissions. Therefore, it is suggested to analyze the changes in GHG emissions and consider other climate change impacts. However, the overall impact of the investment program is expected to be positive. D. Environment Assessment Procedures 10. Roads to be included in this investment program will be selected based on a multi criteria list. Road selected will further be subjected to the following screening criteria on environment safeguards: i. Roads that will cause significant and irreversible environmental impacts that would trigger classification as environment Category A in accordance with the SPS will NOT BE INCLUDED in this investment program. A road project improvement work will be classified as environment Category A if the road works are located fully or partially inside a legally protected area or critical habitat area

7 iii ii. iii. iv. or have direct and irreversible impacts, and adversely impact on cultural heritage sites of national and international significance. Roads falling in part or whole inside or within the buffer zone of a SNR, NR or NP will NOT BE SELECTED under the investment program. Rehabilitation of roads falling adjacent to other protected areas (such as sanctuaries or protected wet lands) or eco-sensitive areas WILL BE INCLUDED only if there is NO WIDENING OF THE ROAD RIGHT OF WAY OR ACQUIRING of land from the protected area or eco-sensitive area. For such project roads, proper consultations will be held with the Department of Wildlife Conservation, local community and other relevant stakeholders, and appropriate clearances or endorsements should be sought if required. Rehabilitation and improvement work of the project road must have minimal or no long term impacts on other forms of sensitive ecological habitats such as marshes, natural streams, tanks and related wetland habitats. 11. An environment checklist will be completed for each road to understand the nature and significance of environment impacts. One Rapid Environment Assessment (REA) checklist will be developed for each province considered under this program. Categorization of the program will be done on a province basis based on the information from province specific REA checklist. All project roads within the Provinces under this investment program will fall under category B, and there will be no category A tranches. For category B projects, Initial Environment Examination Reports (IEER) will be prepared for each province. Basic information questionnaires will be developed on a province basis and submitted to Central Environmental Authority (CEA). The IEER will include one general or standard Environment Management Plan (EMP) that will cover all possible impacts and mitigation measures within the respective province. Province level draft IEERs including standard EMPs will be submitted to ADB for review and approval in a timely manner to allow disclosure of the draft final report on the ADB website before the loan approval. E. Consultation, Information Disclosure and Grievance Redress Mechanism 12. The need of effective and meaningful public consultation and information disclosure during the project cycle is clearly stipulated in SPS. Meaningful public consultations will be carried out from early stage of the program (i.e. from SAPE works stage). Women and vulnerable groups (handicapped people, senior citizens, school children) will be encouraged to participate during these consultations, and every effort will be made to engage as many stakeholders as possible. 13. According to the requirements of the SPS, for environment category B projects the respective draft IEER will be disclosed before the Management Review Meeting (MRM), or equivalent meeting or approval of the respective tranche if there is no MRM. Project notice boards will be displayed at all project roads. Information in these boards will include: nature of construction works, road length, construction period, name of contractor and contract sum. The information will be displayed in all three languages. 14. A Grievance Redress Mechanism (GRM) will be established at each province. There will be three levels in the GRM. The first level involving representatives of PIU, PIC and contractors; the second level will be established at Grama Niladhari level, while the third level will be at Divisional Secretary level. Any grievance will be recorded in a request, suggestion and complaint register maintained at respective contractor s office. Any public grievance shall be attended and settled within six weeks from receiving such complaint.

8 iv F. Institutional Arrangement 15. The Ministry of Higher Education and Highways (MOHEH) will be the executing agency for this investment program, while RDA will be implementing agency. The Western Province PIU established under the Director General/ RDA will be the central coordinating PIU. PIUs will be established at each of the provinces. Each PIU will have an Environment and Social Unit (ESU) staffed with a Senior Environment Safeguard Officer, a Senior Social Safeguard Officer and their Assistants. The coordinating PIU will be supported by a SAPE works team during SAPE work stage. PICs will also be established at provincial level to assist PIUs in supervising the designs and civil works of the contractors. Each PIC will include an Environment Safeguard Consultant who will review and approve safeguard documents prepared by contractor/s and monitor safeguards implementation. Implementing environment safeguard requirements during the project cycle will be the responsibility of MoHEH, RDA and PIUs, ESDD, PICs, civil work contractors, and even with CEA, CC & CRMD, Department of Wilidlife Conservation and ADB. G. Monitoring and Reporting 16. Monitoring the implementation of package specific Environment Management Action Plan (EMAP) will be carried out during pre-construction, construction, and operation and maintenance stages by the environment safeguard specialist of each PIC. ESUs will also carry out periodic monitoring visits, and ESDD will visit sites on a bi-annual basis. Monitoring checklists will be prepared for each road once during pre-construction, one to three during construction and one per year during operation and maintenance stage. An annual monitoring report will be prepared by each PIC to be submitted to ADB through PIU. Satisfactory environmental due diligence reports will also be prepared by PIC of each province and submitted through their respective PIUs to ADB before approval of any subsequent tranche.

9 1 I. INTRODUCTION 1. Sri Lanka being a country in the Asian region has shown exceptional figures in social development indicators, such as life expectancy and literacy rate, compared to many developing countries. The country has shown a steady progress in its economy in the recent past, but poverty level continues as an issue. As per recent statistical information of Department of Census and Statistics, the estimated population of the country in mid-year 2016 was around 21 million. Out of this population, it is estimated that around 17 million (or around 80%) live in peri urban and rural areas, and it is a known fact that the majority of the poor in the country are living in these peri urban and rural areas. Majority of this people is working in agriculture or agriculture related employment which does not yield substantial earnings. Further, the poor links between, or isolation, from social and economic infrastructures has limited people in peri urban and rural areas from earning through off-farm activities. 2. The Government of Sri Lanka (GoSL) identifying the need to improve the connectivity between rural communities and social economic centers formulated the Integrated Road Investment Program (iroad program) in year 2014 to (i) improve road conditions between the selected rural communities and socioeconomic centers, and (ii) enhance capacity of road agencies. GoSL requested ADB to finance the investment program under a time slice Multitranche Financing Facility (MFF). Under this investment program ADB approved the first tranche in January 2015, and the program is now being implemented in Southern, Central, Sabargamuwa, North Western and North Central Provinces and Kalutara District in Western Province Following the successful implementation of the program in above provinces and Kalutara district, the GoSL identified the need for a second program that would benefit peri urban and rural population in Northern, Eastern, Uva and Western Provinces. The program is to be called as Second iroad Program (iroad 2). The program will be executed by Ministry of Higher Education and Highways (MoHEH) and implemented by Road Development Authority (RDA). A. Background of the investment program 4. Around 5,600 km of roads (including class A & B National roads) located in above four provinces were selected based on the multi criteria list (Appendix 1) which was adopted during iroad program (long list of roads). Survey and Preliminary Engineering (SAPE) works for these roads are to be conducted which includes environment categorization and assessments. This road list (long list) will then be short listed based on environment, social and construction cost factors. Based on the geographic spread and cost of construction, each district will have between two (2) to four (4) contract packages. Reconstruction and rehabilitation of Pradeshiya Sabha (PS) and Provincial Road Development Authority (PRDA) roads will be for a period of two (2) years with a maintenance period of three (3) years. For class A and B road, under the purview of the RDA, the reconstruction and rehabilitation works will continue for two (2) years followed by another five (5) years of maintenance. The number of roads selected in the long list for each district with total lengths are summarized in table 1 below. 1 Tranche two and three were approved in July 2015 and March 2016.

10 2 Table 1: A Summary of Roads under iroad 2 Rural roads (PS and PRDA) Road Development Authority roads District Province No. Length (km) No. Length (km) Northern Jaffna Kilinochchi Mannar Vavuniya Mullaitivu Total Eastern Batticaloa Trincomalee Ampara Total Uva Monaragala Badulla Total Western Colombo Gampaha Kalutara Total Source: Road Development Authority (as at 24 May, 2017). 5. The investment program is planned to be implemented over a period of ten (10) years under a series of tranches (a time slice MFF as in iroad program). The program will follow guidelines and fulfill the requirements stipulated under national laws and polices related to environment safeguards as well as the ADB Safeguard Policy Statement, 2009 (SPS). This Environment Assessment and Review Framework (EARF) is developed to guide: (1) survey and preliminary engineering works teams in road screening, selection, categorization and impact assessments during project preparatory works; and (2) project implementation and monitoring of environment safeguards; according to requirements of the GoSL and ADB. 6. Proposed work under the investment program will involve rehabilitation and improvement of existing rural roads under PS, PRDA and national roads under RDA (Class A & B roads) to all weather standard status. Rehabilitation works will include improving pavements/road surface, construction of side drains and embankments, widening or replacement of culverts, cause ways and bridges. All rehabilitation and improvement works will be carried out mainly within the available right of way (ROW) of each candidate road. For PS and PRDA roads, the improved carriageway width will be from 2.5 m to 5.5 m, while carriageway of roads under RDA will be improved up to 5.5 m to 8.0 m. II. LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY A. Legal Framework of GoSL on Environment Safeguards 1. National Environment Act (NEA) and Environment Impact Assessment (EIA) System 7. The National Environment Act No. 47 of 1980 (NEA) is considered as the basic national charter for protection and management of the environment. NEA was amended by Act No. 56 of 1988 to include provisions for protection, management and enhancement of the environment. This amendment also gave provisions for the Environment Impact Assessment (EIA) process as

11 3 indicated under part IV C as Approval of Projects. Part VI C of NEA was again amended by Act No. 53 of Section 23 Z of NEA states that the EIA process applies only to Prescribed Projects (PP) which have been specified by the Minister in-charge of the subject of Environment in Gazette Extra-Ordinary No. 772/22 of 24 June The list of Prescribed Projects was amended by the Gazette Extra-Ordinary No. 1104/22 of 5 November The EIA process is implemented through designated Project Approving Agencies (PAA) as prescribed by the Minister under section 23 Y of the NEA. The list of PAA are given in Gazette Extra-Ordinary No. 859/14 of 23 February 1995, Gazette Extra-Ordinary No. 978/13 of 4 June 1997 and Gazette Extra-Ordinary No. 1373/6 of 29 December Section 23 CC of NEA regulates the procedure the PAA shall adopt in approving any Prescribed Project submitted for approval. The section also stipulates that the procedure shall be based on the guidelines prescribed by the Minister for such purpose. 11. The NEA has identified two (2) levels in the EIA process for projects listed as Prescribed Projects. The first level which is Initial Environment Examination or IEE is an assessment of possible impacts of a project with a view of determining whether the impacts are significant or not. The IEE shall address the possible impacts, their intensity and measures to avoid, minimize or mitigate such adverse impacts. The PAA will award a conditional approval for the proposed project based on the findings of the IEE which will be reviewed by a Technical Evaluation Committee (TEC) appointed by the PAA. The TEC shall also submit their recommendations to the conditional approval. The second level which is the Environment Impact Assessment or EIA is a more comprehensive assessment where a comprehensive documentation is done considering alternatives to the proposed project with the opinion of least impact on environment is identified and assessed. Measures shall be discussed to avoid, minimize or mitigate adverse impacts as part of this assessment. An environment cost benefit analysis will also be carried out wherever possible and an Environment Management Plan (EMP) will also be prepared. The EIA report will be opened to the public for comments for a period of 30 working days before awarding the approval which will be a conditional approval given by the respective PAA. The conditional approval will be based on the findings of the EIA, public comments and recommendations made by the TEC. 12. The act is administered through the Central Environmental Authority (CEA) which was established in year 1981 under the NEA and functions under the Ministry of Mahaweli Development and Environment. 2. Coast Conservation Act (CCA) 13. In year 1963, a Coast Protection Unit was established within the Colombo Port Commission, with the realization that a comprehensive approach to coastal resources management was required. Based on the observations made on coastal development during the 1970 s, the government established a Coast Conservation Division under the Ministry of Fisheries. In 1981, the parliament enacted the Coast Conservation Act (CCA) No. 57 of This act decreed the appointment of a Director of Coast Conservation with following responsibilities: (1) Administration and implementation of the provisions of the Act; (2) Formulation and execution of schemes of the work for coast conservation within the Coastal Zone; and (3) Conduct of research, in collaboration with other Departments, Agencies and Institutions for the purpose of coast conservation. The act is administered by the Coast Conservation & Coastal

12 4 Resource Management Department (CC & CRMD) which was established by upgrading the Coast Conservation Division. 14. The act was amended in 2011 through Coast Conservation (Amendment) Act, No. 49 of 2011 (Coast Conservation and Coastal Resource Management Act). Through this amendment the scope of CC & CRMD extended from conservation to management of coastal resources. 15. The Coast Conservation and Coastal Resource Management Act is empowered within the Coastal Zone as defined in the Act as follows: 16. The area lying within a limit of three hundred (300) meters landwards of the Mean High Water Line and a limit of two (2) kilometers seaward of the Mean Low Water Line and in the case of rivers, streams, lagoons, or any other body of water connected to the sea, either permanently or periodically, the landward boundary extends to a limit of two (2) kilometers, measured perpendicular to the straight base line drawn between the natural entrance points thereof and shall include the waters of such rivers, streams and lagoons or any other body of water so connected to the sea, and shall also include the area lying within a further extended limit of hundred (100) meters inland from the Zero Mean Sea Level along the periphery. The Coastal Zone is depicted in figure 1 below. Figure 1: The Coastal Zone of Sri Lanka 17. Activities within the Coastal Zone prohibited by the Coast Conservation Department are: Removal of coral other than for research purposes; Mining of sand, except in areas identified by the Coast Conservation Department; Development within 200 meters of designated archaeological sites; and Any development activity that will significantly degrade the quality of designated natural areas of exceptional value. 18. All the other development activities within the Coastal Zone may require permits. The Director shall issue a permit if: The activity is consistent with management policies stated in chapter 3, 4 and 5 of Coastal Zone Management Plan.

13 5 The activity is not prohibited by the Coastal Zone Management Plan. The activity is outside designated set- back lines. 19. The Act ensures all permitted activities within the Coastal Zone are met with National Standards set by the Sri Lanka Standards Institution (SLSI) for the relevant environmental parameters, and where such standers are not available, the interim standers of the Central Environmental Authority. The activity allows for continuation of existing fishing activities. The activity is consistent with the intent agency zoning schemes and/or guidelines recognized by Coast Conservation Department. 20. Activities within the Coastal Zone prohibited by the Coast Conservation Department are: Removal of coral other than for research purposes; Mining of sand except in areas identified by the Coast Conservation Department; Development within 200 meters of designated archaeological sites; and Any development activity that will significantly degrade the quality of designated natural areas of exceptional value. 21. All the other development activities within the Coastal Zone may require permits. The Director shall issue a permit if: The activity is consistent with management policies stated in chapter 3, 4 and 5 of Coastal Zone Management Plan. The activity is not prohibited by the Coastal Zone Management Plan The activity is outside designated set- back lines. 3. Fauna and Flora Protection Act (FaFPA) 22. The Act originated as an Ordinance in year 1937 (Ordinance No. 2 of 1937) with the objective of providing protection to fauna and flora of the country. The Ordinance was amended by Act No. 49 of 1993 and No. 22 of 2009 to enhance the scope of Fauna and Flora Ordinance in the areas of Protection, Conservation and Preservation of fauna and flora of Sri Lanka. The amendments also prevent any commercial exploitation of such fauna and flora. The Department of Wild Life Conservation is authorized to administer this Act. 23. Other than the above key environmental legislation under GoSL, there are a number of other environmental laws and regulations that are applicable to this investment program. These laws and legislations are summarized in below table. Table 2: Applicable National Laws and Regulations for the Investment Program Item Legislation Relevance and main content Authorizing institution 01. National environmental protection and quality This regulates the discharge and deposit of any kind of waste or emission into the environment CEA regulations under and stipulates requirements for an Extraordinary gazette Environmental Protection License (EPL) notification No. 1534/18 and depending on the project activity. Examples of No. 1533/16 of 2008 under activities requiring and EPL are: asphalt NEA section 32 & 23A, 23B processing plant, concrete batching plants, treatment plants, sewerage networks, mechanized mining activities etc. 02. National Environmental Provides standards for discharging effluents into CEA

14 6 Item Legislation Relevance and main content (Protection and Quality) Regulation No. 1 of 1990 published in Gazette Extraordinary No. 595/16 of February, National Environmental (Ambient Air Quality) Regulations, 1994, published in Gazette Extraordinary, No. 850/4 of December, 1994 and amendment gazette No. 1562/22 of National Environmental (Noise Control) Regulations No.1 of 1996 and its amendments 05. National Environmental (Vehicle Horns) Regulations, No. 1 of National Environmental (Municipal Solid Waste) Regulations, No. 1 of 2009 inland surface water during proposed project activities. Provides standards for emissions to the atmosphere during proposed project activities. Regulates maximum allowable noise levels for construction activities at the boundary of such construction site/ area during proposed project activities Regulates maximum allowable noise emanating from vehicular horns on a highway or road any motor vehicle use during project construction activities Regulates dumping municipal solid waste along sides of any national highway or at any place other than places designated for such purpose by the relevant local authority during proposed project activities 07. Forest Act No. 34 of 1951 This act is to consolidate and amend the Ordinance relating to the conservation, protection and management of forest and forest resources. For control of felling and transport 08. Felling of Trees Control Act No.9 of 1951 as amended through Act No. 30 of Water Resources Board Act No.29 of 1964 and (Amendment) Act, No. 42 of Soil Conservation Act, No. 25 of 1951 and Amended No. 24 of Explosives Act No. 36 of 1976 of timber and for matters connected therewith or incidental thereto. This Act sought to prohibit and control felling of specified tree species (mainly intended to stop indiscriminate felling of specified trees) in the country. The act controls and regulates developments (including conservation and utilization) of water resources; prevention of pollution of rivers, streams and other water resources; formulation of national policies relating to control and use of water resources. This Act makes provisions for the enhancement of productive capacity of soil; to restore degraded land for the prevention and mitigation of soil erosion; for the conservation of soil resources and protection of land against damage by floods, salinity, alkalinity, water logging; and to provide for matters connected therewith or incidental thereto. To provide control of explosions and regulations of matters connected with explosive activities Authorizing institution CEA CEA CEA CEA Forest Department Forest Department Water Resources Board Department of Agriculture Ministry Defense of

15 7 Item Legislation Relevance and main content 12. Municipal Councils Ordinance No. 29 of 1947, the Urban Councils Ordinance No. 61 of 1939 and the Pradeshiya Sabha Act No. 15 of 1987 as amended in 2010 related with the project. Regulates and control actions pertaining to socioeconomic development such as roads, culverts, bridges, ferries, waterways and other means of local transport and related site clearance for constructing worker camps, site offices etc. and methods taking place within the command area relevant to government laws and regulations. Authorizing institution (MOD) Ministry of Local Government and Provincial Council 13. Flood Protection Ordinance No.04 of 1924, No 22 of Crown (State) Land Ordinance No. 8 of 1947 and Act No. 13 of Agrarian Development Act No. 46 of 2000 (Section 32) 16. Land development statuette No. 7 of 2002 the western province provincial council, amendment No. 1287/26 of Sri Lanka Land Reclamation And Development Corporation Act 15 of 1968 as amended by Act No 52 of National Thoroughfares Act, No. 40 of Urban Development Authority (UDA) Law No. 41 of 1978 An ordinance for protection of areas subjected to damage from floods. This includes declaration of flood areas, preparation of schemes for flood protection and other rules and regulations regarding flood in the country. An ordinance/ Act to make provision for the grant and disposition of crown (State) lands in Sri Lanka; for the management and control of such lands and the foreshore; for the regulation of the use of the water of lakes and public streams; and for other matters incidental to or connected with the matters related to proposed project. This act regulates using paddy land for any other purpose other than agricultural cultivation without the written permission of the Commissioner General. A statute for regularizing utilization of state lands situated within the western province either by state or the provincial council, for regulating the distributing of the aforesaid lands and lands in possession of the provincial council, for augmenting productivity of lands and for matters connected with or incidental to them this statute is in compliance with the Crown (State) Land Ordinance No. 08 of 1947 (chapter 454) and the land development ordinance No.19 of 1935 chapter 464 as amended by land development (amendment) acts, No. 16 of 1969, No. 27 of 1981, No. 22 of 1998, No. 22 of State Land (Recovery of Possession) Act No. 07 of This act established the Sri Lanka Land Reclamation and Development Corporation which grants permission for the public to fill marshy land subject to provision of storm water drainage. This act is also known as the RDA Act provide directive for planning, design construction, development, maintenance and administration of an integrated public road network in Sri Lanka. This law provides for the establishment of the UDA to promote integrated planning and implementation of economic, social and physical Irrigation Department Land Commissioner General s Department Department of Agrarian Development Governor Western Province Provincial Council _ and Land Commissioner General s Department Sri Lanka Land Reclamation and Development Corporation Road Development Authority Urban Development Authority

16 8 Item Legislation Relevance and main content and Urban Development Projects (Special Provisions) Act No. 2 of Town and country planning ordinance No. 13 of 1946 and The Town & Country Planning (Amendment) Act, No. 49 of Buddhist Temporalities Ordinance No. 19 of Cemeteries and Burial Grounds Ordinance No.9 of 1899 and amendments 23. Antiquities Ordinance No. 9 of development of certain areas as may be declared by the minister to be urban development areas and for matters connected with the relevant project activities. Urban Development Projects (Special Provisions) Act No. 2 of 1980 is an act to provide for the declaration of lands urgently required for carrying out urban development projects and to provide for matters connected there with relevant project activities. This regulates the National Physical Plan with transport as the main component. This act provides necessary assistance to administer and protect the property of Viharas, interventions to settle disputes regarding property of Viharas and makes recommendations to release money to be paid as compensation in respect of property of Viharas acquired by government for any development project. The act regulates any disturbance, removal of burial, monuments and use of such areas for development project. The Act regulate activities of projects located in close proximity of any archeological reserves and amendments 24. Unexploded Ordinance To ensure safety of work force during constriction period in roads located in areas were the armed conflict existed (i.e. in Northern and Eastern Provinces) Authorizing institution (UDA) National Physical Planning Department (NPPD) Department of Buddhist Affairs Local Government Authority Department of Archeology Ministry Defense of 24. The scope of iroad 2 includes rehabilitation and upgrading of existing PS, PRDA and RDA roads with no widening of the existing Right of Way. According to the Gazette Extra-ordinary No. 772/22 of 24th June 1993 and subsequent amendments, all rehabilitation works for existing highways and roads do not fall within the category of Prescribed Projects. Hence, it is likely that the project roads under the investment program will not be required to prepare an IEE or EIA for securing an environmental clearance from the CEA. However, RDA shall submit a BIQ for each province considered under iroad 2, including information on the scope of project with the list of roads to be rehabilitated and improved. Based on this information, RDA shall obtain a clearance from CEA (as done during iroad) with any conditions or guidelines. 25. Some of the candidate roads in Northern, Western, and Eastern Provinces are located within the Coastal Zone as defined in the CCA. Thus, RDA shall submit preliminary information and obtain clearance/recommendations from CC & CRMD for proposed rehabilitation and improvements to such road sections. 26. If a project road falls adjacent to the boundary or inside a protected area (other than a Strict Nature Reserve, Nature Reserve or National Park), necessary clearance will need to be

17 9 sought from the Department of Wildlife Conservation (DWLC) and/or Forest Department (FD) even if there will be no widening of the road ROW. Depending on the sensitivity of the protected area, the DWLC may require an IEE or EIA study for the respective road. For roads within or adjacent to gazette forest lands, all developments of such sections will be under supervision of FD. Any road that is located partially, or fully, within, or in, the buffer zone of a Strict Nature Reserve (SNR), National Park (NP) or Nature Reserve (NR) will not be selected for improvements. 27. Other than the above requirements, specific approvals/clearances, permits and licenses that need to be obtained for the proposed program are out lined under table 3. These approvals/clearances, permits and licenses are based on the laws and regulations under the NEA, CCA, FaFPA and other Acts and regulations listed in table 2. Table 3: Approvals/Clearances, Permits and Licenses Applicable for the Investment Program Project stage Approvals Project related Relevant Responsible activity agency party/ies Pre-construction stage (Before mobilization or contractor/s) Environment clearance Implementation of the project within Provinces of North, East, Uva and CEA RDA, Project coordinating PIU assisted by ESDD 2 Pre-construction stage (With mobilization of contractor/s but before commencement of civil works) Permit or clearance from CC & CRMD Certificate of Unexploded Ordinance (UXO certificate) Recommendation from National Building Research Organization (NBRO) Environmental Protection License (EPL) 3 Western. Implement road rehabilitation and upgrading activities within the Coastal Zone Implementation of the project within Provinces of North and East Clearing of vegetation and cutting of slopes in hilly terrains especially in Uva Province and Kalutara District in Western Province Opening and operation of material extraction sites (borrow pits and quarry sites); Siting and operation of CC & CRMD Ministry Defense of National Building and Research Organization CEA RDA, Project coordinating PIU assisted by ESDD RDA, Project coordinating PIU and Provincial PIUs of Northern and Eastern Provinces RDA, Project coordinating PIU and Provincial PIUs Uva and Western Provinces assisted by ESDD Contractor/s under direct guidance of PIC 4 2 Project coordinating PIU: The Project Implementing Unit under the Director General s Office, RDA which is functioning as the project coordinating unit for the investment program. ESDD: Environment and Social Development Division of RDA. 3 EPL, IML, Explosive permits and Trade Licenses should be renewed as per the conditions stipulated in these documents. 4 PIC: Project Implementing Consultant who will be appointed on a province basis for this investment program (iroad 2).

18 10 Project stage During construction Approvals Industrial Mining License (IML) Explosive Permits Trade License and machinery permits Approval relevant government agencies from local Approval for removal of trees Approval for activities near paddy lands Consent and recommendations from relevant government agencies Project related activity asphalt plants, crusher plants, concrete batch mixing plants etc. Operation of quarries, borrow sites and other material extraction sites. For blasting activities within the quarry or road side. Trade license should be obtained for asphalt plants, concrete batch mixing plants, crusher plants, quarry sites and borrow pits. Opening and operation of construction material storage sites other than aggregate and gravel, yards, any labour camp with more than 25 labourers, and waste disposal sites. Tree felling activities related to road rehabilitation and improvement works. Ground preparation for ROW and side drains. Construction of bridges, culverts and other drainage systems, land filling, dredging activities. Relevant agency Geological Survey and Mines Bureau (GS & MB) Ministry of Defense Respective Provincial Council or Pradeshiya Sabha Respective Provincial Council or Pradeshiya Sabha Divisional Secretariat, Forest Department Department of Agrarian Development Department of Irrigation, Department of Agrarian Services, Local government authority, Land Reclamation and Development Cooperation Responsible party/ies Contractor/s under direct guidance of PIC Contractor/s under direct guidance of PIC PIU of province with assistance from PIC PIU of province with assistance from PIC PIU of province with assistance from PIC and relevant contractor/s 28. Sri Lanka is also a signatory to a number international agreements and conventions related to environmental conservation. Those that are relevant for this investment program are provided below: Conventions on Wetlands of International Importance Especially as Water Fowl habitats (Ramsar) Convention concerning the protection of the World Cultural and Natural Heritage Convention on International Trade in Endangered Species of Wild Fauna & Flora (CITES) Convention on the conservation of Migratory Species of Wild Animals (CMS 1979) United Nations Framework Convention on Climate Change

19 11 Convention on Biological Diversity Plant Protection Agreement for Asia and the Pacific region B. ADB Safeguard Policy Statement 29. ADB s Safeguard Policy Statement (SPS) consists of policies on the Environment, Indigenous People and Involuntary Resettlement. SPS involves a structured process of impact assessment, planning, and mitigation to address the adverse effects of projects throughout the project cycle. This policy requires that (i) impacts are identified and assessed early in the project cycle; (ii) plans to avoid, minimize, mitigate, or compensate for the potential adverse impacts are developed and implemented; and (iii) affected people are informed and consulted during project preparation and implementation. The policies apply to all ADB-financed projects, including private sector operations, and to all project components. 30. Proposed projects or tranches (for MFF s) are screened according to type, location, scale, sensitivity, and the magnitude of their potential environmental impacts, including direct or indirect, induced, and cumulative impacts. Projects are classified into the following four categories: 31. Category A: A proposed project is likely to have significant adverse environmental impacts that are irreversible, diverse, or unprecedented. These impacts may affect an area larger than the sites or facilities subject to physical works. An EIA, including an environmental management plan, is required. The draft EIA report is required to be disclosed 120 days before consideration for approval by the ADB board. 32. Category B: The proposed project s potential adverse environmental impacts are sitespecific. Few if any of them are irreversible; and in most cases, mitigation measures can be designed more readily than for category A projects. An IEE report, including an EMP, is required. 33. Category C: A proposed project is likely to have minimal or no adverse environmental impacts. An EIA or IEE is not required, although environmental implications need to be reviewed. 34. Category FI: A proposed project involves the investment of ADB funds to or through a financial intermediary. The financial intermediary must apply and maintain an environmental and social management system, unless all of the financial intermediary's business activities have minimal or no environmental impacts or risks. C. Institutional capacity 35. RDA as the Project Implementing Agency (PIA) will establish PIUs in each province with the Western Province PIU also acting as the central coordinating PIU of RDA. Each PIU will be headed by a Project Director (PD) supported by expert staff and support staff including Senior Environment Safeguards Officer and Social Safeguards Officer and Assistants. 36. The central coordinating PIU will be responsible to carry out all Survey and Preliminary Engineering (SAPE) works including environment assessments and preparation of environment related documents as listed in this EARF. A team of experts including Environment Specialists will assist the coordinating PIU to carry out these assessments and prepare the necessary reports. The provincial level PIUs will be responsible for overall implementation and monitoring of environment safeguards compliance in their respective province.