RP808
v1
Public Disclosure Authorized
Resettlement Action Plan
of Land -taking For
Shanghai Agricultural and Non-point
Pollution Reduction Project
Public Disclosure Authorized
by GEF Donation
Public Disclosure Authorized
Economic, Legal and Social Consultancy Center
Shanghai Academy of Social Sciences
25/08/2009
Public Disclosure Authorized
Person in charge of the RAP for "Shanghai Agricultural and Non-point
Pollution Reduction"Project by GEF Donation:
Yang Min
Report Prepared by
Yang Min, Huang Wei
Persons involving the investigation:
Yang Min, Huang Wei, Hu Jian Yi etc.
Instition involved by
Economic, Legal and Social Consultancy Centre Shanghai Academy of Social
Sciences
Address622/7 Huaihai Rd. (M), Shanghai, China
Tel086216385 3179Direct line
Fax086215306 1979
Code200 020
Email: yangmin@sass.org.cn
huangwei@sass.org.cn
1
Contents
CHAPTER 1 BACKGROUND ............................................................................................................. 1
CHAPTER 2 BRIEF INTRODUCTION OF THREE PROGRAMS ................................................. 2
CHAPTER 3 LAND OCCUPATION IMPACT OF CHILD PROGRAMS ........................................ 5
CHAPTER 4 LAND OCCUPATION FOR PROGRAM OF SEWAGE TREATMENT ON
ARTIFICIAL WETLAND ....................................................................................................................... 7
4.1 CONSTRUCTION AREA ..................................................................................................................... 7
4.2 INTRODUCTION OF SELECTED AREA ................................................................................................ 8
4.3 DEMOLITION PROGRESS OF BUILDINGS AND ILLEGAL BUILDINGS .................................................. 11
CHAPTER 5 IMPACT ON SOCIETY AND VULNERABLE GROUP .......................................... 12
CHAPTER 6 POLICIES AND LAWS ................................................................................................ 13
CHAPTER 7 COMPENSATION STANDARD ................................................................................. 14
CHAPTER 8 RESTORATION ............................................................................................................ 15
CHAPTER 9 EXPENSES AND BUDGET ....................................................................................... 17
9.1 EXPENSES ...................................................................................................................................... 17
9.2 ANNUAL PLANNING OF CAPITAL-USE ............................................................................................ 18
9.3
FINANCING CHANNEL AND CAPITAL FLOW ............................................................................. 18
CHAPTER 10 TIME SCHEDULE ...................................................................................................... 19
10.1 PRINCIPLES .................................................................................................................................. 19
10.2
IMPLEMENTATION PROGRESS .................................................................................................. 19
CHAPTER 11 PUBLIC PARTICIPATION ........................................................................................ 21
11.1 STRATEGY OF PUBLIC PARTICIPATION ........................................................................................... 21
11.2 PUBLIC PARTICIPATION PROCESS AND POLICIES PUBLICATION PLAN ........................................... 21
CHAPTER 12 APPEALING MECHANISM ..................................................................................... 24
12.1 POSSIBLE COMPLAINTS AND SOLUTIONS ..................................................................................... 24
12.2 APPEALING CHANNELS AND PROCEDURES .................................................................................. 25
CHAPTER 13 ORGANIZATIONAL INSTITUTIONS ...................................................................... 28
13.1 CORRESPONDING INSTITUTIONS RELATED RAP ........................................................................... 28
13.2 ORGANIZATIONAL CHART ........................................................................................................... 30
13.3 MAIN ORGANIZATION AND JOB RESPONSIBILITY .......................................................................... 31
13.4 QUALIFICATION OF INSTITUTION AND PERSONNEL EQUIPMENT................................................... 32
CHAPTER 14 MONITORING AND APPRAISAL ........................................................................ 34
14.1 INTERNAL MONITORING .............................................................................................................. 34
14.2 INDEPENDENT EXTERNAL MONITORING ....................................................................................... 35
14.3 MONITORING INDEX .................................................................................................................... 37
14.4 POST-APPRAISAL ......................................................................................................................... 37
3
Chapter 1 Background
In order to reduce pollution of fertilizers and pesticides in rural Shanghai
and control nitrogen, phosphorus and organics contained in the sewage from
farms, non-processing industrial and domestic wastes, Shanghai Mmunicipal
Government expects to implement program of agricultural and non-point
pollution reduction as a pilot program for Shanghai 4th round of three-year
environment protection action plan 2009-2011 in order to realize water
pollution control , ensuring water environment quality, and to change the
deteriorating situation of water quality of Yangtze river, through which land
pollution will be less impacted on the East Sea.
Global Environment Facility ("GEF" in abbreviation) approved the concept
of "Shanghai Agricultural and Non-point Pollution Reduction" program
in November, 2007. On June, 24th, 2008, the State Ministry of Finance
signed a protocol of GEF Reserve Donation. This project is invested by
both Shanghai Municipal Government and GEF for pollution reduction of
ecological system of East Asia Sea and is implemented in concrete
measures by Shanghai Municipal Government. This project will take a
series measures of eco-friendly and demonstration activities to deal with
problems
of
agricultural
and
non-point
pollution
reduction.
Corresponding activities will be promoted and implemented to a large
extent in the near future. The program includes:
Component 1: Livestock Waste Management Technology Demonstration;
Component 2: Wetland Demonstration for Pollution Reduction:
Component 3: Integrated Agricultural Pollution Reduction Techniques:
Component 4: Project Management and Dissemination.
1
Chapter 2 Brief Introduction of Three Components
Livestock Waste Management Technology Demonstration
According to the findings of researches and investigations made in recent
years, nearly thousands of livestock farms of scale in shanghai suburbs have
produced annual wastes of 7,600,000tons. Since it is short of effective
disposal facilities of wastes, such as solid wastes fermenting into organic
fertilizers and sewage treatment, 40% of livestock wastes are discharged into
water environment by means of direct discharging or discharged by natural
force. Given this, some indices of water is very high, such as COD106, 000
tons/year, BOD554, 000 tons/year, TN10,800 tons/year and TP4,300 tons/year.
Under such circumstances, it is urgent to commence the pollution treatment of
Shanghai rural area-resource of livestock wastes, especially livestock farm
establishing effective technical system of disposing livestock wastes, technical
arts and disposal facilities and it is aiming to improve overall ecological
environment and living standard of common citizens in a comprehensive way
by means of demonstration.
This demonstration program has selected Shanghai Bright Holstan Co.,
Ltd. Jinshan breeding cattle farm as the large-scale demonstration area;
Shanghai Shenye Dairy Cooperative breeding cattle farm in Chongming
modern agriculture park as medium-scale demonstration area; ecological
village Chongming Shuxin town, Qianwei Village is regarded as
comprehensive demonstration area of both excrement and urine from livestock
and agricultural wastes.
Wetland Demonstration for Pollution Reduction
At present, a kind of sewage treatment technology which is taking
advantage of combination of active biological filtering bed is widely used in
rural area. This technology is taking advantage of union function of soil,
2
microbes and plants to dispose pollutes through four steps, that is, filtering,
absorbing, degrading and plants processing. It has a series of merits which
are suitable to different processing scales with low cost for construction fee
and construction facilities which are composed of natural ecological system or
are easily-built without any complicated machinery which is easy for operation,
maintenance and management. Its easy to get main raw materials, such as
grinded stones, coal, and soil. Since the processing system is built alongside
terrain, sewage can automatically flow into rivers without any additional
momentum which will cost only 10%-50% of common technology as
transportation.
It involves 4 natural villages in Qingpu district, including Xie zhuang village
in Jinze town; Jin tian village, Qianwan village and Bei Wangbang village in
Liantang town as four demonstration areas.
In addition, according to systematic planning of green land, Shanghai
Municipal Government will further plan to bring additional engineering, called
"Jiading Town River-network wetland Demonstration", into the construction
area of domestic sewage treatment program.
Integrated Agricultural Pollution Reduction Techniques
Based on demonstration spot of agriculture production in Shanghai rural
area, the aim of promoting agriculture technology is to reduce pollution on
shallow underground water, surface water system, soil and East Sea area
during the process of agricultural production and planting; to protect and
improve water resources; to speed up optimizing and upgrading of variety
structure of fertilizer and pesticide in Shanghai; to improve utilization rate of
fertilizer and pesticide; to keep use of fertilizer and pesticide within limits to
further control DP to insure safety of agricultural products; to promote
agro-cycling economy and development of eco-agriculture. And meanwhile,
this program will speed up volume reduction of existing fertilizer and pesticide;
3
to promote of this technology; to improve integrated ability of anti-pest; to
cultivate a group of new farmers with good educational background and
master of know-how; to improve farmers income and local sustainable
development of local agriculture production.
Integrated Agricultural Pollution Reduction Techniques program has
been organized by Shanghai Agricultural Technology Extension and Service
Center, including three demonstration areas, that is, Zhu Jiajiao, Qingpu
District, Modern agriculture Park of Langxia Town, Jinshan District and
Changjiang Farm, Chongming County.
Project Management and Dissemination
The sub-component is based on three sub-components mentioned above
and established on the targets of GEF project and promotion target.
This sub-component, an effective means to increase the public
environment-protection awareness which is mastering basic knowledge of
environment protection, and creating a social atmosphere of implementation of
GEF project, is a basic work for whole project. The promotion program will
penetrate into the whole process, of which the preliminary promotion is a key
stage. Based on three demonstration programs, the professional training
aims to establish an effective training system in three aspects, that is, disposal
of excrement and urine from livestock, sewage treatment on artificial wetland,
and safety agricultural production.
The promotion is a means to increase the value of whole project, radiate
further scope, and improve the technology of environmental improvement in a
comprehensive, standardized and effective manner on the basis of
achievements of GEF project in order to reach final goal of GEF project.
4
Chapter 3 Land Occupation Impact of Child Programs
According to the on-the-spot investigation, the land occupation impact of
GEF is as follows:
Table 3.1 Impact of Land Occupation (use)
(Notes: only status o five villagers where construction is going to be commenced soon will be
included in Qingpu rural domestic sewage treatment engineering)
From the following table, it can be found that only the land for Qingpu rural
domestic sewage treatment is not owned by construction unit and the following
land occupation contents are focusing on it.
5
Involuntary
Land-taking status
Contents
Demonstration spot
Location
Impact
resettlement
(m2)
or not
(large-scale)
Since it
is located in
Demonstration program
treatment area of excrement
of power generation by
and urine and feeder area of
firedamp
Shanghai
Langxia town of Jinshan district
Shanghai Bright HOLSTAN
No
No
Bright
HOLSTAN
Co., Ltd. Jinshan breeding
Jinshan breeding cattle
cattle
farm,
no
land
Demonstration
farm
acquisition is needed
program of
(medium-scale)Disposal
Since it is located on the farm
disposing
program of excrement
of Shanghai Shenye Dairy
excrement and
and urine from livestock
Modern agriculture Park of
Cooperative
community
urine from livestock
No
No
in
east
Chongming
Chongming
(28mu), no land acquisition is
technology
( excrement and urine for
needed.
field)
Demonstration program
5340
Chongming
of
comprehensive
Since the construction is on
utilization
of
waste
ShuxinTown
Qianwei own land, no land acquisition
No
No
Village
resource of eco-farming
is needed.
in Qianwei village
Shanghai
International
Jia Ding wetland of river Automobile City Newanting
No
No
No
net
Demonstration
United Development Co., Ltd.
program of Sewage Collection and treatment Xie zhuang village in Jinze Permanent
land-taking: wasteland along river of
treatment system
of domestic sewage in town; Jin tian village, Qianwan 1200 ( total amount of four collectively-owned
of
on artificial wetland
rural area of Qingpu village and Bei Wangbang villages);
township or private plot.
No
district
village in Liantang town as four Temporary land-taking during Some part of roads be
demonstration areas.
pipeline construction.
affected in five villages.
Demonstration
Zhu Jiajiao town of Zhujiao town of Qingpu district,
Program
of Qingpu district, Modern Modern agriculture Park of Lang
comprehensive
agriculture Park of Lang xia town, Jinshan district and
No
No
No
agricultural-pollution xia town, Jinshan district Chang jiang farm, Chongming
control technology
and Chang jiang farm, island
Chongming island
Project mngement Shanghai
Agricultural
& reproduction Plan Broadcasting and TV
No
No
No
School l
6
Chapter 4 Land Occupation for Wetland Demonstration for
Pollution Reduction
Table 4.1 Land occupation of existing sewage treatment stations
Area of land
Type
Location
occupation
Land-use status
Notes
(m2)
No.34 , Southern Jin
300
tian in Jinqian village,
equals to
collectively-owned
wasteland
Liantang town
land of the village
0.45mu
No.82,
western
300
Qianwan
in
Jinqian
equals to
collectively-owned
wasteland
village, Liantang town
land of the village
0.45mu
No.167, Northeast of
Bei
Wangbang,Taibei
300
wasteland
or collectively-owned
village, Liantang town
equals
small portion of land of the village
(sewage
treatment
rural
domestic
private plot
or private plot
station on north bank)
to0.45mu
sewage
treatment
No.289, southern Bei
Wangbang,Taibei
300
wasteland
or collectively-owned
village, Liantang town
equals to
small portion of land of the village
(sewage
treatment
private plot
or private plot
station on north bank)
0.45mu
Sewage is brought
Xiezhuang, Lianhu
into Xicen sewage
village, Jinze town
No
No
treatment plant to
be processed.
Sub-total
1 .80mu
4.1 Construction Area
It is located in Liantang town and Jinze town respectively. The detailed
information can be seen in the following table 4.2.
Table 4.2 Name list of natural villages in rural domestic sewage treatment (Phase I)
No.
Town
Name of Admin. Village
Name of Natural Village
1
Jinze
Lianhu
Xiezhuang
2
Taibei
Bei Wangbang
3
Liantang
Jintian
Jinqian
4
Qianwan
7
Four villages are selected as demonstration areas, including Xiezhuang
village in Jinze town, Jin tian village, Qianwan village and Bei Wangbang village
in Liantang town.
4.2 Introduction of Selected Area
Rural domestic sewage treatment
The brief condition of 4 natural villages is as follows:
(1) Jintian village
It is located in Liantang town and is separated into South-North parts by a
watercourse in the village. There are a lot of Zizania aquatica at northwest and
east village. The water level is always 2.7-meter with width of 18m. There is
no boat in the river. There are three small bridges (the height is 8m respectively)
which are connecting both south and north neighborhood. The two
neighborhoods are evenly distributed alongside the river bank with the length of
750m from east to west and the width 240m from south to north.
The construction site, an area of 1200m2, for the sewage treatment station is
selected at south of No.34 with the length of 60m from east to west and the width
20m from south to north. The whole site is abandoned area. The construction site
is a plain on geographic appearance. The transportation is very convenient and
since the site is adjacent to streets outside, it has good soil condition. However,
the weak point is that it is a little bit far away from watercourse. There is no
pollution source area.
The sewage collection treatment system is paving PVC-U riffled tubes of
DN225 in terms of existing layout style as main-piping and the soil coverage rate
at beginning parts will be 1.0m; the sewage from other households will be
collected by PVC-U riffled tubes of DN225 as sub-piping and then flow into main
piping; When main piping is crossing river, the construction will adopt pulling-pipe
construction method.
(2) Qianwan village
It is located in Liantang town and is separated into west-northeast-southeast
8
parts by a watercourse in the village. There are a lot of Zizania aquatica at east
and north and it is growing many loquats seeds at south. There is a
water-entrance floodgate on river of south village and there is no boat in the river.
There are three small bridges (the height is 8m respectively) which are
connecting three neighborhoods with the length of 580m from east to west and
the width of 560m from south to north. Since one sewage treatment system has
already been available at northeast, this construction is only applied to west and
east parts of villages.
The sewage from west Qianwan village will be collected into southeast part
for processing. The sewage collection treatment system is paving PVC-U riffled
tubes of DN225 in terms of existing layout style as main-piping and the soil
coverage rate at beginning parts will be 1.0m; the sewage from other households
will be collected by PVC-U riffled tubes of DN225 as sub-piping and then flow into
main piping; When main piping is crossing river, the construction will adopt
pulling-pipe construction method.
The construction site for the sewage treatment station is selected at west
of No.82 in southeast part with the length of 50m from east to west and the width
of 50m from south to north. The construction site is a plain on geographic
appearance. The transportation is very convenient and since the site is
adjacent to streets outside, it has good soil condition. There is no pollution
source area.
(3) Beiwang bang
It is located in Liantang town and is full of water network. Grain crops are
grown in eastern and western village. Bei Wangbang is separated into five
parts, that is, north, northwest, northeast, southwest and southeast by Bang
wangbang river of east-west direction, Bei Hengbang branch of south-north
direction and its branches. The length from east to west is 600m and the width
is 790m from south to north. There are only some small and domestic boats in
the river. There are seven small bridges (the height is 5m--8m) and one
easily-built bridge which is connecting five neighborhoods. Residents are living
adjacent to the river banks and the soil over riverbank is hardened.
Within the service scope of sewage treatment station, abundant river
9
network has divided Bei Wangbang into north, northeast, southwest, northeast,
and southeast. If it is centralized collection and processing, it will lead difficulty
of construction and the main piping will be extended too long (it will further
increase building cost). Given this, it is supposed to deal with Bei Wangbang in
separate parts. The geography of Bei Wangbang is high in west and low in east.
In terms of designing principles and its influential factors of sewage treatment
station, two sewage treatment stations are divided by Bei Wangbang river.
Sewage from north Bei Wangbang and South Bei Wangbang are centralized for
collection respectively.
North Sewage treatment station has selected northern of No.167 in
northeast area. The construction site for the sewage treatment station, is
selected at south of No.167 with the length of 20m from east to west and width of
44m from south to north. The whole site is an abandoned area. The construction
site is a plain on geographic appearance. Since the site is adjacent to riverbank,
there is no road available. There is little impact on surrounding environment
and no demolition is involved.
The sewage collection treatment system is paving PVC-U riffled tubes of
DN225 in terms of existing layout style as main-piping and the soil coverage rate
at beginning parts will be 0.7m; the sewage from other households will be
collected by PVC-U riffled tubes of DN225 as sub-piping and then flow into main
piping; When main piping is crossing river, the construction will adopt pulling-pipe
construction method.
The construction site for the sewage treatment station is selected at west of
No.289 in southeast part with the length of 20m from east to west and width of
39m from south to north. The whole site is an abandoned area. The
transportation is convenient with one street alongside river available. It has
good soil condition. It is near farmland without any impact on surrounding
farmers.
(4) Xie Zhuang
It is located in Jinze town. Shanshen village is separated into three parts,
that is, northwest, southwest and east parts by a river of south-north direction
and a branch-river of west-east in the direction of west to east. The length from
10
east to west is 400m and the width is 550m from south to north. The depth of
watercourse is 2.5-3m with width of 15m-18m. No boat is available on the river.
There are four small bridges connecting three neighborhoods. Residents are
living very adjacent to the river bank.
At present, since most of residences are naturally formed and built in line with
geographic location without advanced planning featuring scattering of residences,
various types, narrow-distance and sewage arbitrary discharging.
Xicen sewage treatment plant, a municipal engineering company, has
designing capacity of 5000m3/dand now its actual operating capacity is 1200
m3/d which is lower than its designing capacity. Given this it has capacity to
receive domestic sewage from Xiezhuang which is located only 0.6km away from
it.
According to the municipal sewage treatment facilities construction
surrounding Xiezhuang and combination of its real characteristics, it is planned to
designate Xicen sewage treatment plant to dispose of domestic wastes from
Xiezhuang. The sewage collection treatment system is paving PVC-U riffled
tubes of DN225 in terms of existing layout style as main-piping and the soil
coverage rate at beginning parts will be 1.0m; the main sewage pipes are
connected into the water-entrance piping of Xicen sewage treatment plant.
4.3 Demolition progress of buildings and illegal buildings
Neither building nor illegal building which needs demolition is involved in
construction area.
11
Chapter 5 Impact on Society and Vulnerable Group
This project is invested by both Shanghai municipal government and
GEF investment fund for pollution reduction of ecological system of East
Asia Sea and is implemented in concrete measures by Shanghai municipal
government. This project will take a series measures of eco-friendly and
demonstration activities to deal with problems of agriculture and non-point
Source Pollution. Both the economic and social impacts are active and all
local villagers are very supportive and satisfied with the whole project.
The detailed social impact can be taken reference from "Appraisal Report
on Social Impact of Shanghai Reduction Project of Agriculture and
Non-point Source Pollution by GEF Donation".
Since the construction area is in Shanghai where it mainly involves Han
nationality. During land occupation (use) process, vulnerable groups occurred.
In addition, according to investigations, no minority nationalities are found in this
project; given this, there is no any side impact on minorities or originals.
12
Chapter 6 Policies and Laws
The compensation plan of land-taking (using) is in strict line with related
policies and state & local laws:
Land Administration Law of Peoples Republic of China ( executed from
January.1st , 1999)
Implementation method of Land Administration Law of Peoples Republic
of China in Shanghai ( February 4th, 1994) passed by No.7 session of
Shanghai Peoples congress, revised of implementation method of Land
Administration Law of Peoples Republic of China on No.36 session of
Shanghai Peoples congress on May 27th, 1997 and revised again on No.23
session of Shanghai Peoples congress on Nov.17th, 2000
No.54 notification concerning suggestions on pilot for transferring
land-usage right of collectively-owned land in Shanghai rural area confirmed
by municipal planning committee and etc and issued by Shanghai peoples
government office in 2001
No.52 paper concerning detailed implementation method of transferring
land-usage right of farming land issued by Shanghai peoples government
office in 2002
No.277 paper concerning compensation on properties of acquisitioned
collectively-owned land in Shanghai issued by Shanghai real estate
resource law in 2007
13
Chapter 7 Compensation Standard
All the construction-used land belonged to construction unit,,s own or on the
collectively-owned land of local village. There is no land acquisition involved.
As far as the construction land for artificial wetland program is concerned,
the construction unit will abide by methods of transferring land-use right of
collectively-owned in Shanghai rural area land and will be in line with No.4 clause
of No.4 item in Shanghai detailed implementation method of transferring
land-usage right of farming land, that is, subcontracting fee of land-usage right,
transferring fee, rent fee and etc should be confirmed by consultation of both farm
households and leaseholders, and No.10 clause, that is, in order to guarantee
legal rights of farmers, the economic returns from land-usage transferring
should not be lower than those from original business for unit area.
In terms of actual condition of construction area, the construction unit should
pay to original contractors for transferring land-use right. This transfer fee is paid
once for all of 30-year based on RMB800/mu/year.
In terms of compensation on properties of acquisitioned collectively-owned
land, the construction unit will give economic compensation on some possible
damages on properties, such as the damage caused by paving sewage collection
pipes, which will be restored to their original appearances.
Table 7.1 Compensation standard for young crops in Qingpu district
Grain&cotton Land
Vegetable Land
District, country
RMB/mu
RMB/sq.m.
RMB/mu
RMB/sq.m
Qingpu
1570
2.35
2900
4.35
14
Chapter 8 Restoration
The area of construction-use land is 1200M2 and the land has been acquired
by transferring. According to the municipal policies concerning transferring of
land-use right, this transfer fee is paid in terms of annual output of agricultural
crop per mu on the land by construction unit. This transfer fee is paid once for
all on 30-year basis in terms of RMB800/mu/year as standard in general.
Table 8.1 Restoration Plan of rural domestic sewage treatment in Qingpu
Constr
Area
u-
of
land
Impact of land
Compensation
Other
Impact restoration
Ction
use
use
target
measures
location
(m2)
Jinze
1. for affected land: As 1.Land
1.The affected
town
for
the compensation
road of vil age
Xiezhuang
collectively-owned
was paid to the level and some
village
land of village and affected
entity resident
Liantang
private plots, it was and households; buildings
town
compensated in terms
affected
by
2.compensation
Bei
of land transferring
piping
on the affected
Wangbang,
policies;
construction will
crops was paid to
Jintian,
be restored to
Collectively-owned 2. for the affected the villagers in
Qianwan
their
original
land of vil age: crops: it will be Bei
Wangbang appearance;
threshing ground compensated in line and vil ages.
1200 or land of with
standard,
2. For partial
3.
The
industrial park at including
seasonal
affected farming
compensation on
towns level
vegetable grown by
crops, it was
land
in
the
villagers
in
Bei
compensated in
industry park is
Wangbang vil ages.
line
with
paid
to
Jinze standard.
3. for affected land in industry park.
industrial park in Jinze
town: the resettlement
institution
will
pay
them leasing fee for
their land.
15
All the construction-used land was collectively-owned land of village of local
farmers; since almost of collectively-owned land was in abandoned status and it
could be utilized again due to the construction, the local villagers could get
certain amount of economic returns because village entity could get
compensation fee of transferring land-use right on the precondition that the
properties of collectively-owned (should) not be affected. The resettlement
institution will sign the protocol concerning transferring land-use right and pay
reasonable compensation on the affected land to affected households; as for
some affected crops, it will be compensated in line with standard.
The construction has neither impact on local economy nor impact on daily
habits or living style. In addition, since the collectively-owned land hasnt
produced any economical benefit, it will not impact living or income of local
villagers. And furthermore, this construction will produce better living and
production environment for villagers, together with re-use of the abandoned and
certain amount of transferring compensation of land-use. Given this, local
villagers can get benefit on the basis of no collectively-own assets negatively
affected.
16
Chapter 9 Expenses and Budget
9.1 Expenses
The expense occurred from land-use is mainly focusing on transferring fee
of land and economic compensation on the agricultural crops on the
privately-owned plots of farmers; as far as the losses due to paving pipes are
concerned, it will be calculated in the engineering expenses instead of land-use
expenses. The project owner will repair and restore its original style.
Table 9.1 Compensation budget on land-use for domestic sewage treatment station in Qingpu
district
Unit
Amount
Item
Classification
price
Unit
Qty.
(Yuan)
rural domestic
sewage treatment
800 RMBmu/year
1.80
43,200
station
transferring ee of land-
use(30 years)
compensation on young
2900 RMBmu/year
0.90
2,610
crops
Sub-total
45,810
unforeseen 10%
4,581
total
50,391
17
9.2 Annual Planning of Capital-use
Table 9.2 annual planning of capital-use (excluding unforeseen fee)
Total amount
2009
2010
Item/year
Notes
(Yuan)
(%)
(%)
Jinqian village, Liantang town
10800
100%
-
Qianwan, Jinqian village, Liantang town
10800
100%
-
Taibei village, Liantang town
12105
-
100%
(sewage treatment station on north bank)
Bei Wangbang,Taibei village, Liantang town
(sewage treatment station on south bank)
10800
-
100%
Xie zhuang, Lianhu village, Jinze town
0
-
-
Total
44505
-
-
9.3 Financing Channel and Capital Flow
All expenses for programs will be undertaken by GEF donation and domestic
self-raising respectively.
According to compensation policies and compensation standard issued by
RAP, the project owner signed compensation contracts with affected individuals
or collective entity to pay compensation fees in line with requirements of the
contracts and implementation progress of related construction.
Table 9.3 Compensation Matrix of the affected
Impact
Item
Compen-
compensation
Responsible for
Compensation
sation target
means
compensation
Method
transfer fee all villlagers econmic
Qingpu
Water
Qingpu Water
of land
and
compensation
Resource Bureau
Resource
Bureau
Land
collectively-o
will
grant
wned villages
compensation
to
departments of local
government
or
individuals.
Compensa-
econmic
Qingpu
Water
Qingpu Water
tion for
compensation
Resource Bureau
Resource
Bureau
young crops
will
grant
compensation
all
villagers concerned.
18
Chapter 10 Time Schedule
10.1 Principles
According to the time schedule, the construction will start from November,
2009 to November, 2012. Since the whole project will be implemented phase by
phase and so does the resettlement, the resettlement plan on land occupation
(use) will be kept in pace with the different phase of the construction. The main
body is expected to be started from November, 2009 to November, 2012. The
principles of time schedule are as follows:
The deadline for land-use preparation should be one-month before
land has been used officially. The commence date will be confirmed
in terms of resettlement period of resettlement and compensation of
land occupation(use)
Sufficient time should be given to resettlement and compensation of
land occupation(use)
10.2 Implementation Progress
In line with the progress of resettlement and compensation of land
occupation (use), the general implementation planning is drafted. The detailed
time will be adjusted due to deviation of the progress of whole project. The
detailed implementation planning is as follows:
19
Table 10.1 Implementation Planning of Land Occupation (use) for Sewage Treatment of Wetland in Qingpu district
No.
Planned construction
2008
2009
2010
2011
2012
progress
Month
8 9
10
11
12
3
6
9
12
3
6
9
12
3
6
9
12
3
6
9
12
1
Preparation period of
resettlement plan
1.1
To establish resettlement
institution office
1.2
To
designate
certain
institution
to
compile
resettlement plan
1.3
To
conduct
Impact
investigation
1.4
To compile plan
2
To inform publication
andpublic participation
2.1
To have discussion with
related institution/pubic
2.2
To publicize resettlement
plan/information booklet
2.3
To
verify
of
land
occupation(use)
2.4
To publicize RAP on the
official website of the
World Bank
3
Implementation Phase
3.1
To sign protocol and pay
compensation
3.2
To start construction
3.3
To restore of affected
individuals or enterprises
3.4
Training
4
Monitoring
and
evaluation
4.1 Internal monitoring
4.2 External monitoring
20
Chapter 11 Public Participation
11.1 Strategy of public participation
Shanghai Municipal government, Municipal Development and Reform
Committee, Shanghai APL office, corresponding departments of local district and
country for construction, Urban Construction Investment Development Co., Ltd,
and project design unit have participated in selection of construction scheme,
overall planning, research on feasibility and compiling of resettlement plan during
the whole process of confirming planning, design and resettlement plan.
During construction, the construction unit and design unit have made
on-the-spot investigation to inform local villagers of basic introduction of
construction, content and possible noisy, flying dust, traffic jam and other side
impacts. In addition, opinions from local villagers, village committee and
peoples government of town have also been heard on a broad basis.
The construction area only involves Han nationality; no minority nationalities
are found in this project; given this, there is no cross-cultural or cross-nationality
among the scope of construction.
According to the on-the-spot investigation, local villagers and village
committees have expressed their support for the construction. In their opinion, it
is good to reduce volume of pollutes in the domestic sewage, improving local
ecological environment and peoples living quality. In their view, it is beneficial for
both protecting our mother river---Huangpu river, but also our water resource,
which is a big contribution for our people and country. Though it will cause
one-time inconvenience, it can be overcome. However, they hope that the
construction unit could speed up their construction scheme and try its best to
reduce the affected period for local villagers.
11.2 Public Participation Process and Policies Publication Plan
In order to deal with side impacts on the affected households due to land
occupation, the construction unit from Qingpu Water Resource Bureau will
21
establish a special resettlement institution which is designated to
communicate with affected villagers by different means in terms of problems
and requirements concerning resettlement and restoration. This
resettlement institution will actively consult with the affected and listen to their
opinions to ensure that all the problems can be solved before actual
implementation of land occupation (use) plan.
The resettlement institution will arrange a conference which involves
public participation in order to make every affected people have opportunities
to have equal consultation rights concerning economic compensation on land
occupation (use) and agricultural crops before signing compensation
agreement in this regard.
Table 11.1 Participation Process of the Affected
D
Location
Participants
Contents
Notes
ate
e
a
f five vil ages
Representatives
from
rl
Migrants
y
Oc
I in Liantang town and villagers;
related Resettlement,
Jinze town of Qingpu district
departments of towns and
To publicize
to
investigation
on
b
countrys level; personnel
construction progress ;
e
social
economy,
r,
from Qingpu environment
conduct social
2
investigation
on
0
0
protection bureau and Water
economic investigation
affected area and
Resource Bureau; assigned physical items
unit by PMO
late
representatives of project
Compensation and
Preliminary consultation
Octob Qingpu Water Resource owner; leaders of villages, resettlement policies ; concerning
er,
Bureau
affected enterprises and
Preliminary scheme compensation policies
2008
individuals
for resettlement
when RAP is prepared
To revise compensation
Representatives from
Peoples government of
Compensation and
plan for land occupation;
villagers; leaders of
Dec.2 Liantang town and
resettlement policies ; further discussion and
countries and towns;
008
Peoples government of
Preliminary scheme consultation of
affected vil age
Jinze town
for resettlement
compensation policies
and restoration plan
To sign intention
Qingpu Water Resource
agreement concerning
Bureau, Peoples
Representatives from
Consultation on
establishment of
Feb.2 government of Liantang villagers; leaders of
compensation
sewage treatment
009
town and Peoples
countries and towns;
policies and
project in local village
government of Jinze
resettlement scheme with the affected villages
town
and individuals
22
Table 11.2 Policies Publication Process
Publication Method &
Publication
Document
Language
Publication Date
Location
in use
Related project
Affected countries
Chinese, brochure of project
April, 2009
introduction
and towns
Brief introduction of land
Affected countries
Chinese, list of affected
May, 2009
occupation
and towns
agricultural crops
Compensation policies on
agricultural crops;
Affected countries
Chinese, test of policies
May, 2009
municipal policies of
and towns
transferring land
Notification of
After evaluation of the
Affected village
Chinese, test report
compensation plan
World Bank
committees
To publicize notification of
Local community
Chinese, test report
Nov./Dec., 2009
RAP
centers
After verification and
Resettlement propaganda Chinese, the booklet is sent to
Affected village
examination of the World
booklet
local village
committees
Bank
After verification and
Report of compensation Chinese, English
examination of the World Library
plan on land occupation
Bank
23
Chapter 12 Appealing Mechanism
12.1 Possible Complaints and solutions
The resettlement plan for and occupation has taken the whole project into
consideration and has a general planning for the whole project. During the
actual implementation, due to real alternation, operational deviation, it is likely to
lead to complaints from the affected. According to actual situation, there are
three problems:
A. Target issue
If the errors about the statistics and calculation during investigation occurred,
which will affect the benefit of the affected, the affected individuals or unit can
submit them to resettlement institutions at countrys or towns level by verbal or in
written. Their problems will later be submitted to the project owner and
monitoring unit. And afterwards, under organization of the project owner, the
professional personnel will be designated to the spot for verification and issue
their findings and suggestions. The errors from investigation, statistics can be
registered and be compensated in terms of standard.
B. Compensation Standard
If the affected have different opinions to the standard of compensation, the
designer of the Project should conduct on-the-spot introduction explanation,
publicizing all state document and policies for land occupation (use), and give
detailed calculation of compensation standard. It is expected to let the affected
understand that the compensation standard is in line with our state laws and
stipulations to eliminate their worries.
C. Capital
During implementation process, it is possibly that compensation can not be
allocated on time, which will impact re-production arrangement after land
transferring. It requires members of resettlement institution should control well
on capital, implementation progress and quality to ensure that capital can be
used only in land compensation, coordinating financial departments to allocate
24
capital in terms of actual progress and to guarantee RAP going smoothly.
12.2 Appealing Channels and Procedures
The affected are enjoying rights and obligations granted by our constitution.
Our existing laws and regulations are protecting their legal rights not being
impinged. When legal rights have been violated, the affected can apply
appealing until he/she get due rights.
A. Appealing Channel
----Almost all appealing problems can be reflected in the Public office of
letters and calls, municipalities and provinces at different level.
-----Administration institutions at different levels from municipalities to
districts, including can supervise resettlement progress conducted by
subordinated levels and accept appealing concerning resettlement.
----Administration, auditing, discipline, justice departments and procuratorial
organs at Districts, municipalities and State level can accept related cases
concerning violation of laws and rules. The appealing system for the whole
affected can be seen in chart 12.1.
B. Appealing Procedures
If the affected are not satisfied with resettlement, they can turn to the village
committee who will directly find the resettlement institution for consultation or
they can directly turn to the resettlement institution; and further more, they can
appeal to superior institutions in written or by verbal. After getting appeals, the
superior institution can make record for file and consult with local resettlement
institution for solution together within 10 days. If any contradiction or dispute
occurs, the village committee can appeal to administration bureau who are
granted with administration right in terms of the State Administrative Procedural
Law and appealing channels. The administration bureau includes project office,
resettlement management institution, RAP monitoring unit, public office of letter
and calls, administration supervision and examination, discipline supervision and
etc. If the affected are still not satisfied with results, they can appeal to the
Peoples court for lawsuit. The resettlement institution is in charge of filing work
25
for all appealing problems and whole progress of solution.
Institutions at all levels will receive complaints and appeals submitted by
all the affected for free, and corresponding charges will be classified into the
unforeseen expenses. The detailed appealing channel can be seen in the
following 12.1.
These appealing procedures will be invalid until the whole construction is
over in order to ensure that all the affected can take advantage of it to deal
with all their difficulties and problems.
This channel for appealing rights will be informed to all affected villagers by
means of publicizing participation process and resettlement handbook.
26
Chart 12.1 Detailed Appealing Steps
Step 1: If the affected has suffered any loss concerning compensation on land
occupation(use) or crops, he/she can put forward oral or written appeals to the
following institutions: (1) local village committee (2) resettlement office of project
owner . If oral appeals are put forward, the receipt institution should make it
written one and give reply within 15 days.
Step 2: If the declarant is not convinced by the results he/she receives, he/she
can put forward appeals to related departments of Qingpu Water Resource
Bureau; Qingpu Water Resource Bureau should appoint certain pricing
management institution at district level concerning compensation on land to have
evaluation or confirmation on the disputes.
Step 3: If the affected are not satisfied with the replies from corresponding
departments or they havent received any reply within 15 days, he can appeal to
Shanghai Real Estate& Land Resource Administration Bureau for compensation.
This appeal should be conducted within 3-month from first appeal; Shanghai
Real Estate& Land Resource Administration Bureau should finalize a decision
and inform the declarant after getting related appeals.
Step 4: If he/she is still not convinced by arbitration, he /she can appeal to
local peoples court in terms of state civil (administrative) lawsuit law within 15
days when he/she receives arbitration from Shanghai Real Estate& Land
Resource Administration Bureau.
27
Chapter 13 Organizational Institutions
13.1 Corresponding institutions related RAP
In order to guarantee that RAP on land compensation will be implemented
smoothly and reach the expected goal, during the whole process, there must be
an organizational structure from top to bottom in order to better plan, coordinate
and monitor the land compensation activities. During actual implementation, the
following institutions are in charge of planning, management, implementation and
monitoring on land occupation (use) for sewage treatment program of wetland in
Qingpu district:
Peoples Government of Shanghai
Shanghai Development and Reform Committee
Shanghai APL Office
Shanghai Real Estate& Land Resource Administration Bureau
Qingpu Development and Reform Committee & Jia Ding Development
and Reform Committee
Qingpu Water Resource Bureau
Qingpu RAP Office
local village committees
independent monitoring unit
Shanghai Development and Reform Committee: In charge of leadership,
organizing, coordinating the whole project and related engineering, checking
and verifying RAP
Shanghai APL Office: in charge of leadership and coordination of land use
and RAP compensation
Shanghai Water Resource Bureau:
28
1. to coordinate administration work and financing
2. superior institution to accept appeals
Qingpu Water Resource Bureau: In charge of coordination work for
construction and keeping contact with the World Bank. The detailed work is as
follows:
to designated corresponding units to confirm construction scope
to conduct census on land acquisition and demolition from affected
households and enterprises
to sign demolition protocol with demolition unit
To accept appeals from displaced households
Shanghai Real Estate& Land Resource Administration Bureau
Qing Pu Demolition Office:
1. to conduct land acquisition and demolition work;
2. to measure and verify area of occupied(used) land, property, and the
number of affected households and enterprises;
3. to check usage of land
4. to make summary of land occupation and resettlement in terms of RAP
Independent External Monitoring Unit: external monitoring evaluation
work on land occupation (use) compensation and resettlement
29
13.2 Organizational Chart
SPG
SDRC
APL office
JDDRC
QPDRC
SRELRAB
JDEPB
QPWRB
IMU
QPEPB
Resettlement
institution in Qingpu
district
Local village
committee
SMG: Shanghai Municipal Government
SDRC: Shanghai Development and Reform Committee
JDDRC: Jia Ding Development and Reform Committee
QPDRC: Qingpu Development and Reform Committee
SRELRAB: Shanghai Real Estate& Land Resource Administration Bureau.
JDEPB: Jiading Environment Protection Bureau
QPWRB: Qingpu Water Resource Bureau
IMU: Independent Monitoring Unit
QPEPB: Qing Pu Environment Protection Bureau
30
13.3 Main organization and Job responsibility
Shanghai Reform and Development Committee
It is In charge of leadership, organizing, coordinating the whole project and
related engineering, checking and verifying RAP, conducting internal supervision,
and making decision for big issue during the process of resettlement.
Qingpu Water Resource Bureau
(1)
to entrust planning design institutes to confirm construction scope in
terms of projects requirements;
(2)
to organize social economy investigation
(3)
to take part in compiling RAP
(4)
to execute polices of RAP
(5)
to confirm implementation of RAP in terms of time schedule of
construction
(6)
to allocate capital and supervise use of capital
(7)
to guide, coordinate, supervise resettlement activities and progress
(8)
to organize and implement internal monitoring, deciding independent
monitoring institution, and to coordinate external monitoring activities
(9)
to check monitoring report
(10) to coordinate contradictions and problems during actual
implementation
(11) to submit reports on land occupation(use) process, use of capital and
implementation quality to the World Bank on a regular basis
(12) to organize social economic investigation
(13) to organize public participation activities
(14) to abide by state policies and stipulations concerning land use
(15) to formulate compensation scheme and standard for land
occupation(use) in terms of related policies, which will be submitted
corresponding departments
(16) to implement RAP
31
(17) to sign resettlement protocol concerning land occupation (use) with
affected individuals and villages together with related departments
(18) to publicize information concerning compensation on land and
resettlement
(19) to train related personnel
(20) to coordinate problems and contradictions during actual
implementation
(21) to handle with disputes and appealing issues, conducting coordination
and appeal for administrative arbitration;
(22) to report compensation on land occupation(use) and resettlement
progress to Shanghai Reform and Development Committee and
Shanghai APL office
Independent Monitoring Unit
Independent monitoring Unit will investigate RAP and its implementation
process. The monitoring unit will provide evaluation report on land
occupation and resettlement to Qingpu Water Resource Bureau and the World
Bank. The detailed responsibilities are as follows:
(1) to investigate regional status quo of social economy
(2) to evaluate detailed impact and restoration of production and daily life
(3) to analyze data
(4) to monitor whole process of RAP implementation and submit monitoring
report to Qingpu Water Resource Bureau. The detailed responsibilities will be
given descriptions in the external monitoring and evaluation part
13.4 Qualification of Institution and Personnel Equipment
Resettlement institution will be composed of leaders from all levels of
Peoples government of Shanghai and other administration departments.
Members in the resettlement institution have abundant experience of preliminary
land acquisition, demolition and resettlement work. They have already taken
part in APL projects. Since all members come from different level of Peoples
32
government and different functional departments, they will organize and
coordinate with different departments well in land acquisition, demolition and
resettlement work.
The number of full-time employees is 13 and it reached 21 in the peak time.
The detailed information can be seen in the Table 12.1.
Table 12.1 Personnel Equipment in resettlement institution
full-time
headcount at
Resettlement institution
Responsible
employees
peak time
Personnel Composition
person
person
Shanghai Development and
Reform Committee
2
3
civil servants
Management personnel and
Shanghai APL Office
2
3
professional technician
Qingpu
Environment
2
3
professional technician
Protection Bureau
Qingpu Water Resource
Management personnel and
Bureau
2
4
professional technician
professional
personnel
in
Qingpu Resettlement Office
3
5
resettlement
Independent
external
2
3
Professional research fellows
monitoring institution
Total
13
21
33
Chapter 14 Monitoring and Appraisal
In order to guarantee smooth implementation of this project, and realize
Non-voluntary Resettlement in OP4.12 by the World Bank, that is, it must be
assured that the affected population, infrastructure as well as public facilities
should get sound-arrangement or re-establishment to ensure that their original
living standard would not be reduced but improved. Under such circumstance,
the implementation progress will have monitoring and appraisal on a regular
basis. The monitoring includes two parts, internal monitoring of resettlement
institution and independent external monitoring.
The internal monitoring is implemented by Qingpu Water Resource
Bureau, Shanghai to guarantee that each responsible unit should make
concrete work on resettlement and compensation for land occupation (use) by
means of abiding by the principles and time schedule stipulated in RAP. The
aim of internal monitoring is to ensure sound performance of the resettlement
institution.
Independent monitoring, an independent institution of resettlement unit, is
conducting tracking, monitoring and appraisal work on compensation on land
occupation(use), resettlement as well as their living standard afterwards.
The independent institution will keep on track on the resettlement work,
including whether the resettlement institution is in line with the resettlement
and compensation plan of the whole project, related state laws and
Non-voluntary Resettlement in OP4.12 by the World Bank; whether the living
standard of the affected can be improved, or at least, kept at original level.
The independent institution will put forward suggestions found in the
on-the-spot investigation in order to solve the problems occurred as soon as
possible.
14.1 Internal Monitoring
Qingpu Water Resource Bureau has following tasks:
1. to establish monitoring and operation mechanism
34
2. to check compensation on land occupation and resettlement
activities
3. to establish basic data base for compensation on land
occupation and resettlement
4. to conduct all-around supervision on the whole process of
compensation on land occupation and resettlement
Implementation Procedures
During implementation period, Qingpu Water Resource Bureau is collecting
compensation and resettlement information concerning the affected and
making regular investigation on implementation progress in terms of the
monitoring samples. In the monitoring mechanism mentioned above, Qingpu
Water Resource Bureau will formulated information table in fixed format and
conduct investigation on a regular basis in order to realize information
accuracy.
Monitoring contents:
1. compensation on land occupation and resettlement activities
2. payment of compensation
3. compensation and resettlement for affected enterprises
4. restoration and re-establishment of infrastructure, such as roads.
5. personnel , training, time schedule and other working efficiency
6. registration and solution of complaints and appealing
Internal monitoring report
Qingpu Water Resource Bureau will compile the internal monitoring report
on 6-month basis and will be submitted to the World Bank.
14.2 Independent external monitoring
Qingpu Water Resource Bureau will appoint independent resettlement
monitoring institution to conduct external monitoring work for resettlement.
The independent external monitoring unit should provide tracking and
monitoring evaluation on progress of the resettlement work, including
35
suggestion and opinions towards implementation progress, quality, capital and
etc. In addition, tracking will be also conducted on production and living
condition and related evaluation report will be submitted to the World Bank.
Monitoring procedures and contents
(1) to compile monitoring and evaluation summary
(2) to compile investigation summary, investigation paper and records for
affected villagers
(3) to design scheme of sample investigation: since the scale of
investigation is relatively small, it will take all investigated samples.
(4) basic investigation: to get basic information concerning affected
villagers to get related information, such as production, living standard and
income as well.
(5) to establish monitoring and evaluation system
It will involve establishment of data base of different information which will
provide computerized assist analysis and monitoring.
(6) Monitoring evaluation investigation
capability evaluation of resettlement institution: to investigate capability
and working efficiency of resettlement institution
resettlement progress, compensation standard and payment
impact analysis on land occupation(use) for construction
public facilities: to monitor carrying out compensation capital, functional
restoration of public facilities and restoration progress
public participation and consultation: to take part in compiling RAP and
activities of public participation; to monitor participation effects
appealing: to monitoring registration and solution of complaints and
appealing
(1)
to classify monitoring material and establish data base
(2)
comparison analysis
(3)
to compile monitoring evaluation report in terms of monitoring plan
36
to set up independent monitoring and evaluation group to compile
working summary in December, 2009
to make sound preparation of independent monitoring evaluation in
February, 2009, including compiling investigation summary and paper,
establishing monitoring system, confirming tasks and selecting
monitoring points
No.1 external monitoring report will be submitted in June, 2010 and the
following reports will be submitted every six months
to reasonably confirm monitoring and evaluation period in terms of actual
progress of RAP
to compile evaluation report after resettlement work is over
14.3 Monitoring Index
social economic index: per capita income
organizational index: composition of personnel, regulations and
stipulations; equipment, working efficiency
Affected villagers: whether payment of compensation is realized on time,
production and resettlement method, change rate of economic income;
satisfaction towards resettlement
Affected enterprises: whether payment of compensation is realized on
time; satisfaction towards resettlement
Infrastructure: functional restoration
14.4 Post-Appraisal
After the construction is completed, the resettlement work needs appraisal
on the basis of monitoring and evaluation. Both successful experience and
lessons should be appraised and shared concerning land occupation (use),
compensation and resettlement, which will be a great contribution to the future
work. Qingpu Water Resource Bureau will appoint independent resettlement
monitoring institution to conduct external monitoring work for resettlement
after the whole construction is completed. The independent monitoring unit
should establish appraisal summary and appraisal index system, conducting
social economic analysis investigation and to compile appraisal report on
37
sewage treatment plant on wetland in Qingpu district, which will be submitted
to the World Bank.
38