NECESSARY SUPPLEMENTS TO THE ENVIRONMENTAL AND SOCIAL SAFEGUARDS

14 - 9 The World Bank  Provide assistance in the identification of activities to be financed under Component 4;  Review the emergency response plans and provide, if such plan is comprehensive and satisfactory, the required non-objections for the reallocation of funds to approved activities.

14.7 NECESSARY SUPPLEMENTS TO THE ENVIRONMENTAL AND SOCIAL SAFEGUARDS

MANAGEMENT FRAMEWORK

14.7.1 Purpose

The WINRIP Environmental and Social Safeguards Management Framework ESMF, the Land Acquisition and Resettlement Policy Framework LARAF, and the Environmental Codes of Practice ECOP serve as guidance for the PMU to comply with the environmental and social safeguard requirements from the World Bank and the government of Indonesia GOI. At the time of preparation of this PMM supplement October 2014, the PMU has completed all necessary environmental safeguard documents i.e. AMDAL, UKLUPL, SPPLH and obtained environmental licenses for the project implementation of 21 sections covered within WINRIP. All the environmental safeguard documents were prepared in accordance to the agreed ESMF. In addition to the environmental safeguard documents, the PMU has also furnished to the Bank Land Acquisition and Resettlement Policy Plans LARAPs for implementation of the sections requiring land acquisition and compensation. The LARAPs were prepared based on LARPF and have also received NOL from the Bank. This section of the PMM supplement aims at providing guidance to fulfill the environmental and social safeguard e ui e e ts i ase that Co po e t is i ple e ted. I p i iple, du i g the Ba k s espo se to the u ge t need of assistance due to a natural or man-made disaster, the requirements of environmental and social safeguard as per the World Bank Safeguard Policies that are applicable during the project preparation phase under normal circumstances will be deferred to the project implementation phase OP 10.0, para. 12. This would mean that existing environmental and social documents i.e. AMDAL and LARAP may need to be updated in particular if implementation of Component 4 falls outside the scope of the approved AMDAL e.g. massive landslide occurring within and outside of the study boundaries 7 that affect the project road sections or LARAPs e.g. land consolidation due to massive landslide.

14.7.2 Post-disaster activities and reconstruction following Government process

Component 4 will operate to the extent possible in accordance with existing government procedures. Under this system, in the event of a disaster, initial damage assessments are undertaken at the local level. Local level reports are then consolidated into regional reports. These are to be forwarded to the Central Government working group for consolidation into a national report. This national report is forwarded to the Office of Government and individual ministries. Advisors should complete a standard assessment form, including information on both physical losses and their monetary equivalence.

14.7.3 Environmental impacts of emergency road works and mitigation measures

As mentioned, the works and activities under Component 4 could include demolition, removal, repair or reconstruction of damaged road infrastructure, clearing of debris, or other activities which could have potential negative impacts if not mitigated. The existing approved environmental documents i.e. AMDAL, UKLUPL, SPPLH have provided reasonable measures how to minimize the potential damage of such adverse impacts, 7 Study boundaries include the road corridor, ecological boundaries i.e. areas within the radius of 100 m along road corridor, social boundaries i.e. areas within the radius +- 200 m along the corridor, administrative boundary i.e. villages boundaries along the road corridor and boundaries of assessment stage i.e. pre-construction, construction and operation 14 - 10 and the measure will be still applicable during emergency work. However, the type of reconstruction work, volume of removal or demolition etc. should be documented in the regular RKLRPL implementation report 8 . Among the potential negative impacts and mitigation measures that are likely:  Noise during the implementation of emergency road works Some noise will be produced by vehicle traffic and work equipment. Noise may disturb wildlife and affect the hearing of people in work areas. The following mitigation measures can be considered.  Maintain equipment and work vehicles in proper running order, and ensure that they have the adequate muffling devices installed.  Work personnel should wear hearing protection.  Spillage of fuel and lubricants during construction Work vehicles and equipment can spill engine oil and lubricants at the work area and cause contamination of soil and water. Contaminants can affect vegetation and wildlife. Spilled waste oil and cleanup materials will need to be disposed of properly. The following mitigation measures can be implemented:  Maintain equipment in proper running order.  Use absorbent material to contain spills when fueling and servicing equipment and work vehicles.  Transfer all clean-up material to an appropriate disposal site.  Traffic diversion during construction During road works, the project authorities may close, divert, or turn a portion of the road. In doing so, some trees or other vegetation may have to be cleared, which could result in some siltation of waterways. In such cases, some rehabilitation work will be necessary. The following measures can be implemented to reduce this impact:  Minimize removal of vegetation to areas where it is absolutely necessary.  Encourage re-vegetation in areas where possible to prevent soil erosion.  Avoid earthworks during periods of heavy rainfall.  Minimize material and waste debris stockpiles and locate away from drainage systems.  Remove vegetative debris from site as soon as possible.

14.7.4 Environmental and social safeguard review process

The Bank recognizes both the inherent risks involved in working in emergency situations, including the risks and lost opportunities associated with a delayed response, and the critical importance of speed, flexibility, and simplicity to an effective rapid response. Therefore, in response to urgent need of assistance, upon the agreement between the Borrower and the Bank, environmental and social requirements set out in World Bank Safeguard Policies OPBP 4.01, OPBP 4.10, OPBP 4.11, OPBP 4.12, BP10.00, and OPBP 11.00 will be deferred to the Project implementation phase. And to maximize Bank assistance in emergency and crisis situations, procedures related to safeguard are subject to being streamlined, consolidated, and simplified. Environmental safeguards – The task team and the borrower will determine country-specific policies and regulations for environmental safeguards in emergencydisaster situations. The existing AMDAL, UKLUPL and SPPLH have provided detailed environmental and social mitigation measures that are applicable in normal and emergency work, thus any preparation of new instruments 9 e.g. AMDAL or UKLUPL, LARAP will have to be 8 Implementation report of RKLRPL Environmental Management and Monitoring Plan should be submitted quarterly during construction and bi-annually during pre-construction and operation to agency that provides AMDAL, UKLUPL, or SPPLH clearanceapproval i.e. BLH or BPLHD. 9 For instance in an unprecedented case where the emergency response would involve work in highly ecologically sensitive areas, potentially affect physical cultural resources, or require acquisition of substantial areas of land either temporarily or permanently for reconstruction work or relocation of a vulnerable population. 14 - 11 mutually agreed and follow the provisions set out in ESMF and LARF. And the Bank task team will revise or update ISDS as necessary to take into account for the emergency reconstruction work. All activities to be carried out in the emergency response and recovery plan for financing under Component 4 will be subject to a review by safeguards specialists. The screening and environmental management procedures described in the Project Management Manual and in the other safeguard documents will thus apply. In case the screening step identifies that the emergency response work will likely result in adverse environmental and social impacts that are sensitive, diverse, or unprecedented and the activity would require a detailed EA report andor LARAP, based on mutually agreement, such activity will be either excluded or the project will be restructured. Social safeguards – The project triggers the Involuntary Resettlement Policy OPBP 4.12 safeguard. If there is no need for resettlements e.g. reconstructions will not require temporary or permanent land acquisition, and there are no impacts involving the loss of land, structures, crops and trees, businesses or income, no social safeguards procedure is required except the need for a confirmation letter from the PMU to testify that the reconstruction activities will have no impact on landassets acquisition. If the activities under Component 4 have resettlement implications, the rules and procedures of the Project Ma age e t Ma ual a d i pa ti ula l the p oje t s La d A uisitio a d ‘esettle e t Poli F a e o k ill be applied. The environmental and social screening will include an assessment of whether or not an activity triggers any of the World Bank safeguard policies. If a policy already envisaged in this project is triggered, an assessment will need to be prepared accordingly. If as a result of the screening step other safeguards are activated, the project will exclude the activities concerning the locations causing the activation of such safeguards. Otherwise, the project will be restructured.

14.7.5 Supervision Responsibilities for Mitigation and Monitoring

During the implementation of the activities under Component 4, the related regional dependencies of DGH i.e. Balai Besar Pelaksanaan Jalan Nasional will be responsible for day to day supervision of mitigation compliance and monitoring activities which have been identified in the Environmental Management and Monitoring Plan EMPs and LARAPs. Additionally, if there are complaints from local project-affected groups, the regional dependencies should be prepared to send staff in a timely fashion to assess the validity of complaints and take any necessary actions to remedy the situation. Reporting on the implementation of the EMPsLARAPs should e se t to the Wo ld Ba k as pa t of the p og ess epo ts p io to the Ba k s se i-annual supervision missions.

14.7.6 Documentation and Record Keeping

As per the Bank policy 10 , in rapid response to disaster, emergency andor catastrophic events, while safeguard requirements is to be deferred to project implementation and streamlined, the Bank task team will ensure that justification for such exemption is recorded in the project documents. The PMU and related regional dependencies are responsible for record keeping of all safeguard related documentation EA, EMPs, LARAPs carried out under Component 4, the PMU in addition will furnish to the Bank the safeguard instruments implementation as part of the progress implementation report prior to supervision missions.

14.8 NECE““ARY “UPPLEMENT TO THE PROJECT’“ DI“BUR“EMENT AND FINANCIAL MANAGEMENT