330KV ABOADZE-VOLTA TRANSMISSION LINE

RESETTLEMENT ACTION PLAN-ADDENDUM

PREPARED BY:

REAL ESTATE DEPARTMENT

JULY, 2010

ACRONYMS

ESLA Environmental and Social Impact Assessment

RAP Resettlement Action Plan

SWSL Statutory Wayleaves Selection Committee

CEB Communuate Eletrique du Benin

CIE Compagnie Ivorien d’Electricitie

ECOWAS Economic Community of West African State

WAPP West Africa Power Pool

VRA Volta River Authority

ADDENDUM A supplemental document providing additional information on the RAP.

PAPs Project Affected Persons

GRIDCO Ghana Grid Company

EPA Environmental Protection Agency

RCC Regional Coordinating Council of the District Assembly

ROW Right of Way

OD Operational Directive

KV Kilovolts

MW Megawatts

LVB Land Valuation Board

TABLE OF CONTENTS

1.  Introduction

2.  Environmental and Social Issues

3.  Objectives for Compensation/Resettlement Action Plan

4.  Need for the addendum

5.  Scope

6.  Legal requirements

7.  Institutional arrangements

8.  Acquisition of the Right Of Way

9.  Consultation

10.  Eligibility

11. Methodology

12. Compensation Procedure

13. Overall Project Affected Persons

14. Socio-cultural sizes

15. Grievance resolution

16. VRA Commitments

17. Conclusion

1.0 INTRODUCTION

The Volta River Authority (VRA) is a public utility provider established in 1961 by the Volta River Development Act (1961) Act 46. The Act mandated VRA to generate and transmit electrical power in Ghana. However, with the formation of the Ghana Grid Company (GRIDCo) following the amendment of the VRA Act 46 in 2005, the transmission component has been hived from VRA to GRIDCo which is now responsible for the maintenance and development of the Ghana Power Network.

VRA’s sole responsibility is to generate power in accordance with the new Act. VRA currently operates two (2) hydroelectric power plants on the Volta River, with installed capacities of 1020 MW (following a retrofitting programme) and 160 MW at Akosombo and Kpong Generating Stations respectively and a 330 MW Combined Cycle (CC) Takoradi Thermal Plant at Aboadze. VRA and TAQA Generation Company under a joint venture arrangement operate a 220 MW Simple Cycle Plant also at Aboadze. Currently VRA is planning to increase the capacity of the plant by converting it to combined cycle one. An 80 MW mining reserve power plant and a 50 MW Siemens Power Plant are already in operation are already in operation and VRA also plans to build a new 300 MW power generating station at Tema. The electricity production capacity is expected to increase in the very near future with the coming online of the 220 MW Kpone Thermal Plant (2012), 560 MW Asogli Power Plant (2012), 200 MW Asogli Power Plant-Phase 1 (2010) and the 300 MW CenPower Power Generation Facility

The Power Network System comprises in total approximately 4761.9 circuit km of HV lines and 53 Substations and 3 Switchyards and 1 Switching Station. The transmission network consists of about 4469.9 km of single circuit 161 kV transmission lines spread over Ghana. In addition, 128 km of double circuit 161 kV lines and a 74.3 km 225 kV single circuit line provide interconnections to Togo and Benin in the east and Côte d’Ivoire in the west respectively. There are also about 132.8 km of 69 kV transmission lines in the eastern part of the country. These inter connections facilitated power transfer between Ghana and those neighboring countries.

In the past, VRA (when it was responsible for power transmission activities) had collaborated with some sister utility companies in the West African Region for power supply considerations; this is now being done by GRIDCo.

With the demand for electrical power in the sub region ever increasing, it became apparent that the existing transmission infrastructure would in the future not be capable to efficiently transmit power from the Western part of the Country to the East. Following studies undertaken by VRA, a 330 kV Transmission Line was identified to be constructed from Aboadze in the Western Region to Tema in the Greater Accra Region to improve power transfer capability and improve system reliability. The transmission line is also expected to facilitate future interconnection with neighboring countries aspart of the backbone for the proposed Coastal Transmission Backbone Project of the 330 kV West Africa Power Pool (WAPP) Project which is an initiative within the framework of regional integration to establish a well-functioning, cooperative, power pooling mechanism for West Africa known as the West Africa Power Pool (WAPP).

VRA as the implementing agency obtained funding support from the Kuwait Fund (KF), the European Investment Bank (EIB) and the World Bank/International Development Association (WB/IDA) for the implementation of the first (1st) phase of the 330 kV WAPP Coastal Transmission Backbone (CTB-1) Project of which the“330 KV Aboadze – Volta Transmission Line Project forms a part. The Project upon completion will be handed over to GRIDCo

The transmission line route for this project was carefully selected by maintaining a balance between technical requirements for power transmission and the need to minimize adverse project impacts. Thus, heavily built up areas and environmentally sensitive areas were largely avoided. The initial line route survey was done in the year 2000 by Rudan Limited, a private surveying firm using conventional survey methods which carefully considered all the relevant factors, leading to the establishment of a route measuring 215 km at the time.

2.0 ENVIRONMENTAL AND SOCIAL IMPACT ISSUES

The VRA has a comprehensive policy that recognizes the importance of undertaking developments at minimal environmental and social costs. Again VRA subscribes fully to the World Bank/International Development Association and other multilateral institutional requirements on involuntary resettlement safeguard policies and guidelines.

Given this commitment, prior to the commencement of the Project, the Authority engaged Refast Company Limited, an Environmental Consultancy Company which undertook an Environmental and Social Impact Assessment (ESIA) and prepared an ESIA Report. The Ghana Environmental Protection Agency (EPA) EPA approved the ESIA report and issued an Environmental Permit in the year 2003 for the construction of the Project. In view of delays in project implementation, the VRA in compliance with the conditions for the environmental permit, applied for renewal of the permit which was granted in 2007.

3.0 OBJECTIVES FOR COMPENSATION/RESETTLEMENT ACTION PLAN

With the experience of operating major projects for over four (4) decades, VRA is fully aware of the need to provide satisfactory compensation/resettlement schemes to all categories of people so affected by its Project. Good resettlement , it has been observed can prevent impoverishment of people and can even reduce poverty by serving as building blocks for enhancing sustainable livelihood.

As a good corporate citizen contributing to the nation’s developmental agenda and conscious of the need to carry out its projects without making Project Affected Persons (PAPS )worse off, VRA as a matter of policy subscribes to the following compensation/resettlement objectives:

Ø  To conceive of, and execute compensation activities in a socially responsible manner as sustainable development programs,

Ø  Providing sufficient resources to enable persons displaced by the project to share in project benefits;

Ø  To consider involuntary compensation as an integral part of project design, and deal with resettlement issues from the earliest stages of project preparation;

Ø  To consult with Project- Affected Persons (PAPs) in a meaningful manner, and to provide opportunity for their participation in the planning and execution of resettlement programs;

Ø  To assist PAPs in proportion to impact, recognizing the special needs of vulnerable populations;

Ø  To compensate PAPs fully and fairly for all assets lost permanently or temporarily, which means timely payment of full replacement value prior to construction;

Ø  To ensure that all PAPs who lose residences or business are provided acceptable alternative accommodations before construction;

Ø  To ensure that all PAPs who lose income-generating resources are assisted in their efforts to improve, at least to the pre-project levels;

4.0 NEED FOR THE ADDENDUM

Prior to the implementation of the 330KV Aboadze Volta Transmission line a comprehensive Resettlement Action Plan (RAP) was prepared in 2004 by VRA in consultation with the World Bank/IDA. The report provided details of the identified properties, affected people, the resettlement procedures and the anticipated compensation bill. It also included a grievance redress mechanism. A list indicating the affected communities and estimates of compensation was indicated in Appendix A of the RAP. The RAP was subsequently disclosed locally in the Ghanaian Dailies and by the World Bank at its infoshop.

However, implementation of the RAP was affected by the delays in implementation of the Project. During the construction stages of the Project practical as well as technical considerations made it necessary for realignments to be carried out on portions of the line. The following were areas where such diversions were done;

Ø  To avoid a number of buildings that had been developed, within the period between the time of the survey and actual construction of the line, diversions were done at such places like Amrahia/Amanfio, Teiman, Oyarifa, Kwabenya, Pokuasi, Ayawaso, (Greater Accra Region), Kasoa, and Mankesim (Central Region) to avoid huge compensation cost based on the extend and sizes of the developments.

Ø  At Pomadze the diversion was done to avoid an agro-based factory.

Ø  At Nyankrom, re-alignments were done to avoid a large span of floodable area.

Ø  At Cape Coast re-alignment was done to avoid the main entrance, the Rector’s residence and some lecture halls of the Cape Coast Polytechnic.

The re-alignments done to avoid obstructions and substantial buildings (mostly residential) resulted in the creation of new impacts. These were in the form of seasonal crops, undeveloped land (some with single rooms to secure them),and some minor residential properties at various places. At Kwabenya, a number of stone crackers were affected as quarry activities are not permitted within the T-Line corridor.

It must be added that, the diversions also led to increase in the length of the line from the initial 215km to 219.2kms, with an addition of eleven new towers increasing the number of towers from 535 to 546. It should be noted that one new tower was introduced at entry of the line at Aboadze to minimize the line entry angle to the 330 kV Gantry not to violate the Gantry capability and an additional tower was introduced in a span to also increase the minimum ground clearance. Thus the final tower number stands at 548 from the initial 535

bThe total area of land within the corridor thus increased from 860 hectares (2150 acres) to 876 hectares (2190 acres).

To accord with the intent of the RAP, such occurrences obviously necessitate a supplemental provision to cater for PAPs who were not envisaged and /or captured nor engaged during the initial consultation processes. Again it is to demonstrate compliance with the World Bank’s and municipal laws on involuntary resettlement. The new impacts as identified have been assessed and captured appropriately in this Report.

5.0 SCOPE

Guided by the World Bank’s framework on involuntary resettlement, this Addendum to the 2004 RAP covers the following key thematic areas;

·  The population and area affected but not captured earlier

·  Project impacts that gave rise to this Report.

·  Eligibility

·  Consultation with new identified PAPs

·  Resettlement and compensation packages

·  Valuation process

·  Grievance procedure

·  Monitoring and evaluation.

·  Implementation schedule

·  The estimated cost of compensation on the project

·  Packages to all people affected by project

6.0 LEGAL REQUIREMENT

The relevant statutes, regulatory and policy framework have been given due consideration in the 2004 RAP. These are also reflected in this RAP update. The guiding principle as espoused by the Ghana Constitution is the provision of fair, adequate and prompts payment of compensation for resettlement.

The major statutes or regulations considered for resettlement action plans are:

1.  The 1992 Fourth Republican constitution of Ghana (Reference Article20).

2.  Volta River Development Act (1961) Act 46 as amended (Ref part 4 S17-21).

3.  The Lands Statutory Way leaves Act (1963) Act 186

4.  Volta River Authority (Transmission Line Protection Regulation 1967 (LL542) as amended by LI 1737.

5.  The State Lands Act (1962) Act 125 as amended.

6.  The Lands Statutory Wayleaves Regulation (1964) Li 334

7.  Ghana Land Policy 1999.

8.  Forestry Commission Act 1999

9.  The Environmental Protection Agency Act 1994

10. The Environmental Assessment Regulations 1999

11. The Lands Commission Act (2008) Act 767.

12. The World Bank Operational Policy on Environmental Assessment (OP 4. 01)

13. The World Bank Operational Directive on Involuntary Resettlement OP 4.12

7.0  INSTITUTIONAL ARRANGEMENTS

To ensure that all developmental issues are adequately considered, a number of state institutions as required by the laws of Ghana, have been involved in the acquisition process. These include:

·  Lands Commission – the agency responsible for land administration policy formulation and which plays various roles in land management in the country.

·  Land Valuation Division of the Ghana Land’s Commission – the agency responsible for government valuations and compensation assessment.

·  Town & Country Planning Department – physical planning and land use management

·  Survey Department – demarcation and land surveying services

·  Electricity Company of Ghana – utility provider.

·  Ghana Water Company – utility provider.

·  Ghana Telecom – utility provider.

·  Public Works Department – responsible for managing government development projects.

·  Architectural Engineering Services Limited – project development consultants

·  Municipal and District Assemblies – Political authorities and agents of developments at District Levels

·  Environmental Protection Agency – regulates and monitors environmental impacts of projects

These agencies have played various roles and contributed significantly at the various stages of the implementation of the Project and also during the consultation processes during the diversion of the Transmission Line.

8.0  ACQUISITION OF THE RIGHT OF WAY

As this is a linear project and passes through lands owned by many people in the three regions through which it traverses, it was impracticable to have acquired the ROW by Private treaty. Compulsory acquisition was therefore resorted to under Act 186.