ministry of irrigation and water development...

REPUBLIC OF MALAWI

MINISTRY OF IRRIGATION AND WATER DEVELOPMENT NATIONAL WATER DEVELOPMENT PROGRAMME (NWDP)

ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK

Revised March 2011

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National Water Development Programme March 2011 i

ACKNOWLEDGEMENTS

This Environmental and Social Management Framework has been prepared with the support and consultations of many people to whom the Ministry of Irrigation and Water Development is very grateful.

The people consulted include workers and communities in the proposed programme districts, cities and towns of Mzimba, Mzuzu, Kasungu, Lilongwe, Mangochi, Liwonde, Zomba and Blantyre.

District officials including District Commissioners, members of District Executive Committees and Town and Country Planning Committees, Environmental District Officers, Chiefs and the general public provided valuable input to this study.

In addition, a number of senior officers in the Ministry of Irrigation and Water Development, the Environmental Affairs Department, the Energy Department, the Forestry Department, and other stakeholder ministries of Local Government and Rural Development, and Transport and Pubic Works ministry, provided considerable administrative and logistical support during the assignment which deserve sincere acknowledgement for the support.

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TABLE OF CONTENTS

LIST OF ABBREVIATIONS USED IN THE FRAMEWORK......................................................................... IV

PREFACE ................................................................................................................................................V

EXECUTIVE SUMMARY ......................................................................................................................... VI

CHAPTER ONE: PROJECT DESCRIPTION AND OBJECTIVES OF THE ESMF.........................................1

1.1 BACKGROUND TO THE WATER SECTOR IN MALAWI .................................................................1 1.2 SECOND NATIONAL WATER DEVELOPMENT PROJECT ................................................................................2 1.2.1 PROJECT DEVELOPMENT OBJECTIVE ...................................................................................................2 1.2.2 PROGRAMME AND PROJECT COMPONENTS............................................................................................2 1.2.3 PROGRAMME COORDINATION AND IMPLEMENTATION ............................................................................10 1.3 OBJECTIVES OF THE ESMF........................................................................................................10 1.4 JUSTIFICATION FOR THE ESMF.................................................................................................11 1.5 POTENTIAL USERS OF THE ESMF .............................................................................................11 1.6 APPROACH AND METHODOLOGY TO THE PREPARATION OF THE ESMF...............................11 1.7 ORGANIZATION OF THE ESMF ..................................................................................................12

CHAPTER TWO: BIOPHYSICAL AND SOCIO-ECONOMIC SETTING .....................................................14

2.1 INTRODUCTION.............................................................................................................................14 2.2 MZIMBA AND MZUZU CITY ..........................................................................................................14 2.2.1 MZIMBA.........................................................................................................................................14 2.2.1 MZUZU CITY ..................................................................................................................................16 2.3 KASUNGU TOWN .........................................................................................................................16 2.4 LILONGWE ....................................................................................................................................18 2.5 MANGOCHI ..................................................................................................................................19 2.6 ZOMBA .........................................................................................................................................19 2.7 BLANTYRE DISTRICT ..................................................................................................................21 2.8 THE LIWONDE BARRAGE ...........................................................................................................23

CHAPTER THREE: RELEVANT LEGISLATION AND THE WORLD BANK POLICIES ..............................24

3.1 MALAWI LEGISLATION RELEVANT TO NWDP IMPLEMENTATION ........................................24 3.2 RELEVANT WORLD BANK SAFEGUARD POLICIES COMPARED WITH THE NATIONAL LEGISLATION .......................................................................................................................................27 3.3 GAPS BETWEEN WORLD BANK POLICIES AND THE NATIONAL LEGISLATION.......................30

CHAPTER FOUR: ENVIRONMENTAL AND SOCIAL IMPACTS .............................................................31

4.1 DESCRIPTION OF PROJECT PHASES FOR ENVIRONMENTAL MANAGEMENT ..........................31 4.2 SOURCES OF ENVIRONMENTAL AND SOCIAL IMPACTS............................................................34

CHAPTER FIVE: THE SCREENING PROCESS FOR PROJECT SITES AND ACTIVITIES........................36

5.1 INTRODUCTION TO THE SCREENING PROCESS .........................................................................36 5.2 STEP 1: SCREENING OF PROJECT ACTIVITIES AND SITES........................................................36

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5.2.1 SCREENING OF PROJECT ACTIVITIES AND SITES WITHIN THE DISTRICT ASSEMBLIES...................................37 5.2.2 SCREENING OF PROJECT ACTIVITIES AND SITES WITHIN CITY OR TOWN ASSEMBLIES .................................37 5.3 STEP 2: ASSIGNING THE APPROPRIATE ENVIRONMENTAL CATEGORIES...............................37 5.4 STEP 3: CARRYING OUT ENVIRONMENTAL WORK...................................................................38 5.5 STEP 4: REVIEW AND APPROVAL OF THE SCREENING ACTIVITIES & EIAS .........................39 5.6 PUBLIC CONSULTATION AND DISCLOSURE...............................................................................40

CHAPTER SIX: ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS.......................................45

6.1 ENVIRONMENTAL MANAGEMENT PLAN ...................................................................................45 6.2 ENVIRONMENTAL MONITORING................................................................................................57 6.2.1 REHABILITATION OF EXISTING AND CONSTRUCTION OF NEW STRUCTURES AND OTHER PROJECT ACTIVITIES.57 6.3 MONITORING INDICATORS.........................................................................................................57 6.2 ENVIRONMENTAL GUIDELINES FOR THE CONTRACTOR .........................................................59

CHAPTER SEVEN: IMPLEMENTATION ARRANGEMENTS FOR THE ESMF.............................................60

7.1 DEFINITION OF ROLES AND RESPONSIBILITIES .......................................................................60

CHAPTER EIGHT: CAPACITY BUILDING AND TRAINING .....................................................................62

8.1 PARTICIPANTS FOR CAPACITY BUILDING AND TRAINING .......................................................62 8.2 PROPOSED AREAS OF TRAINING................................................................................................62

CHAPTER NINE: CONCLUSIONS AND RECOMMENDATIONS .............................................................69

REFERENCES ........................................................................................................................................70 ANNEX 1(A): ENVIRONMENTAL AND SOCIAL SCREENING FORM FOR NWDP ....................................................71 ANNEX 1(B): PROJECT ENVIRONMENTAL CHECKLISTS FOR NWDP ................................................................78 ANNEX 2: SUMMARY OF THE WORLD BANK’S SAFEGUARD POLICIES. .................................................80 ANNEX 3: THE GENERAL EIA PROCESS IN MALAWI (ADAPTED FROM THE EIA GUIDELINES 1997, EAD)...............................................................................................................................................................84 ANNEX 4: GENERAL EIA TERMS OF REFERENCE FOR NWDP................................................................85 ANNEX 5: PROCEDURES FOR EIA PREPARATION..................................................................................86 ANNEX 6: ENVIRONMENTAL GUIDELINES FOR CONTRACTORS .........................................................87 ANNEX 7: LIST OF PEOPLE CONSULTED DURING PREPARATION THE ESMF ......................................89

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LIST OF ABBREVIATIONS USED IN THE FRAMEWORK CIDA Canadian International Development Agency DA District Assembly DEA Director of Environmental Affairs DEAP District Environmental Action Plan DEC District Executive Committee DEMM Decentralised Environmental Management Manual DESC District Environmental Subcommittee DPD Director of Planning and Development EAD Environmental Affairs Department EDO Environmental District Officer EIA Environmental Impact Assessment EIB European Investment Bank EMA Environment Management Act EMP Environmental Management Plan EO Environmental Officer ESMF Environmental and Social Management Framework GDP Gross Domestic Product GoM Government of Malawi HIV Human Immune Deficiency Syndrome Virus LGA Local Government Act MoIWD Ministry of Irrigation and Water Development MPRSP Malawi Poverty Reduction Strategy Paper NCE National Council on the Environment NEAP National Environmental Action Plan NEP National Environmental Policy NGO Non-Government Organization NLP National Land Policy NPDP National Physical Development Plan NWDP I National Water Development Programme Project I NWDP II Second National Water Development Programme IIject NWDP National Water Development Programme NWRPS National Water Resources Policy and Strategies OP Operational Policy PRA Participatory Rural Appraisal RAP Resettlement Action Plan RPF Resettlement Policy Framework SOER State of the Environment Report SWAP Sector Wide Approach TA Traditional Authority TCE Technical Committee on the Environment TCPA Town and Country Planning Act TCPC Town and Country Planning Committee

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Preface

The Environmental and Social Management Framework (ESMF) was initially prepared for the Second National Water Development Project (NWDP II) financed by the International Development Association of the World Bank. The NWDP II was a follow-up project after the National Water Development Project which was implemented from 1996 to 2003. The NWDP II was developed to be part of the Malawi Government Programme for Water Supply and Sanitation, the National Water Development Programme (NWDP), in which a number of Development Partners would participate. The ESMF prepared in March 2007, was to guide the implementation of NWDP II on Environmental and Social Management and subsequently guide other projects as they get developed for the programme. In this revised ESMF, effort has been made to make it a general guideline on ESMF for all projects under the NWDP with slight modifications, where applicable, subject to agreements with the respective Development Partners. Factual information and the screening form has also been updated in this revised version.

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EXECUTIVE SUMMARY This Environmental and Social Management Framework (ESMF) is prepared for the National Water Development Programme (NWDP), which the Government of the Republic of Malawi, through the Ministry of Irrigation and Water Development, is implementing in the cities, selected towns and districts, and Market Centres. The purpose of this ESMF is to guide integration of environmental and social considerations in the planning and implementation of NWDP activities. Currently, the Malawi Government is seeking financial support from a number of Development Partners, including the World Bank for the National Water Development Programme (NWDP). The total value of the programme is expected to be US$360,630,000.00, with the IDA (World Bank) becoming the major contributor once the additional US$120,000,000.00 is made available to the programme as additional to the initial US$ 50,000,000.00 that was provided.

1.0 Scope of Activities

To build on the success of the first National Water Development Project (NWDP I), which was implemented from 1996 to 2003, the GoM requested the World Bank to lead the preparation of a follow-up project; the Second National Water Development Project (NWDP II) for the GoM’s programme, the National Water Development Programme. The NWDP II, which became effective in 2007, supports improved water resources management and expanded water supply and sanitation services in cities, towns and market centres. The sector is also in the process of developing a SWAP in which donors and government may pool their investments. The Ministry of Irrigation and Water Development (MoIWD) and the Development Partners group are adopted a common implementation strategy, and the MoIWD is establishing management systems that can underpin a SWAP. The NWDP include the following project components;

A. Urban, Town, and Market Centre Water Supply - Investments and technical assistance for water supply in Urban, Town, and Market Centre, implemented through the respective Water Boards;

B. Sanitation - Investments and technical assistance for sanitation and hygiene investments in Town, Market Centres, and rural areas, implemented by the Ministry of Irrigation and Water Development and the Water Boards;

C. Water Resources Management - Technical assistance to enhance capacity and prepare future investments in water resources management implemented by the Ministry of Irrigation and Water Development;

D. Sector Reforms and Program Management - Support for sector reforms, capacity enhancement and programme management, implemented by the Ministry of Irrigation and Water Development.

E. Rural Water Supply - Investments and technical assistance in rural water supply implemented by the Ministry of Irrigation and Water Development.

The IDA funds are allocated to all components and other major Development Partners and financiers are also financing the components under the programme.

2.0 Project Development Objectives and Targets

The objectives of NWDP are to improve water resources management and increased access to sustainable water supply and sanitation services for people living in cities, towns; and improve water

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resources management. The programme would also contribute to building sector capacity through improved monitoring, regulation, incentive structures, public-private partnerships, and coordination among the sector stakeholders.

3.0 Justification for Preparation of the ESMF for NWDP.

According to Section 24 (1) of the Malawi Government’s Environment Management Act (EMA), Number 23 of 1996; and the Government’s Environmental Impact Assessment (EIA) Guidelines of December, 1997, the NWDP would falls under the list of projects for which EIA is mandatory, prior to implementation. The basis is that the proposed programme constitutes activities, which would generate considerable changes and significant effects to the environment. Hence, environmental components such as water, land, forests, human settlement, sites of cultural heritage and biological diversity might be adversely affected.

The NWDP projects are categorized as a B projects, according to the World Bank’s Operational Policy (OP4.01); Environmental Assessment. Therefore, appropriate environmental work will have to be carried out. Since the locations of the infrastructure investments and their potential negative localized impacts could not be determined prior to appraisal, the programme requires the preparation of an ESMF to ensure appropriate mitigation of potential negative environmental and social impacts Are taken into account in the implementation of projects. This framework therefore, is designed to guide the establishment of appropriate level of environmental management measures for implementation, in all the stages of the project activities, from the planning to implementation, including decommissioning.

4.0 Potential Environmental and Social Impacts from NWDP Activities Although NWDP activities will vary in size, location, scope and the approach in implementation, most of these activities will involve civil engineering and construction works. Hence, the generic and typical environmental impacts would include:

• loss of forest resources; • increase in soil erosion; • loss of fragile ecosystem; • soil and water contamination; • siltation of water courses and; • increased wastewater generation

The generic and typical social impacts of the programme’s project activities would include:

• loss of land for human settlement; • loss of gardens for the local communities; • loss of crops and other property for the local communities; • influx of people to project areas; • incidences of communicable diseases and health hazards to workers; • spread of sexually transmitted diseases including HIV and AIDS within the area and; • disruption of living patterns of local villagers.

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5.0 Key Strategies of the ESMF This ESMF has been prepared as a guide to the initial screening of NWDP sites and activities for negative environmental and social impacts, which would require attention prior to project implementation. The framework outlines a number of strategies, which include:

• a systematic procedures for participatory screening for project sites and project activities for environmental and social considerations;

• a step by step procedure for forecasting the main potential environmental and social impacts of the planned project activities;

• a typical environmental management plan for addressing negative externalities in the course of project implementation and operations within environs;

• a step by step monitoring and evaluation system for implementation of mitigation measures and;

• an outline of recommended capacity building measures for environmental planning and monitoring of the project activities.

6.0 Key Recommendations of the ESMF The ESMF recommends that the proposals made herein be implemented adequately to mitigate the consequential environmental impacts of the project activities. The ESMF also recommends that for its implementation to be successful there is need to ensure that all projects being implemented in the same areas as the NWDP should have their own comprehensive environmental and social management plans. It is also recommended that the Environmental Affairs Department and other relevant line ministries should ensure that human activities that lead to deforestation and other environmental problems are properly managed and monitored. The ESMF also advances that for its implementation to be successful, involvement and participation of local communities is paramount. Specifically the ESMF recommends:

• use this framework prior to any project activity of the NWDPprojects; • environmental and social awareness education for the key stakeholders and affected

communities; • training members of the DECs DDCs. AECs, VDCs, Water Boards, and MoIWD to implement

the ESMF and the screening process; • regularly updating the EMP to respond to changing local conditions and to adjustments in

project implementation plans; • building capacities of the City, Town/District Assemblies for developing appropriate information

management systems to support the environmental and social management process and; • providing the necessary resources and equipment for the local assemblies to be able to

produce the necessary documentation and forms for the implementation of the ESMF;

7.0 Potential Users of the ESMF

As a reference material, the ESMF will be useful to several stakeholders who will be involved in planning, implementation and monitoring of the proposed project. Some of the key users of this ESMF are as follows:

• funding agencies/donors for NWDP; • Water Boards

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• District Executive Committee members in the targeted cities, towns and districts; • participating sectors in the implementation of the NWDP; • politicians and local Traditional Leaders; • senior Central Government officials responsible for policy making and project planning; • Central Government officials responsible for environmental planning and management and; • engineers and contractors to be involved in implementation of the projects.

Finally it is recommended that the following key sections of this ESMF should be included in the Project Implementation Manual for NWDP: the Screening Process, Sections 5.1 to 5.6; the Environmental Management and Monitoring Plan Sections: 6.1 to 6.2; and; Capacity Building and Training Requirements: Sections 8.1 to 8.3

National Water Development Programme March 2011 1

CHAPTER ONE: PROJECT DESCRIPTION AND OBJECTIVES OF THE ESMF 1.1 Background to the Water Sector in Malawi The Government of Malawi’s (GoM) strategy for the water sector in Malawi is to turn over the responsibility for water supply and sanitation services to self sufficient Water Boards and Water Associations, with the view that it focuses its attention on policy formulation and water resources development. To this end the Government has:

(a) established Water Boards to provide water supply and sanitation services to towns and cities; (b) developed and demonstrated a district-based strategy for rural water supply in small villages

and market centres; (c) established a Water Resources Management Board; (d) combined water supply and irrigation planning within the Ministry of Irrigation and Water

Development and; (e) completed important water resources management studies.

The Word Bank and other donors including AfDB, EIB, NDF, CIDA, EU, JICA, KfW, UNDP and UNICEF, through the National Water Development Project I (NWDP I), contributed to this effort. The Government of Malawi, through the Ministry of Irrigation and Water Development and the Water Boards, implemented the National Water Development Project I from 1996 to 2003. The primary objective of the project was to support the implementation of the Water Resources Management Policy and Strategies, (the first coherent Water Policy Document that was adopted by Government in May 1994). The policy aimed at reforming and upgrading the management of water resources and the provision of water-related services in order to:

(a) ensure convenient access to safe water for a progressively larger proportion of the community; (b) provide water infrastructure capable of underpinning economic development and; (c) assure the protection and management of water resources and aquatic and riparian

environments The main outputs at the end of the NWDP I included:

(a) The establishment of three Regional Water Boards and reformation of Blantyre and Lilongwe Water Boards, under a new legislative environment.

(b) the Construction of a dam and Water Supply System in Zomba Municipality and the improvement of Water Supply in 18 other Towns under three Regional Water Boards;

(c) improved water distribution in Lilongwe City and planning studies for improving water and sanitation services to Blantyre and Lilongwe Cities;

(d) the development of a district-based, community-managed approach to rural water supply and sanitation; and the construction of 500 boreholes and two Gravity-Fed Piped Water Schemes, following the new approach;

(e) re-constitution of the Water Resources Board, and studies towards strengthening the same;

(f) capacity building for the Ministry of Water Development and under five Water Boards;

(g) the rehabilitation and protection of 4 selected catchment areas;

(h) Lake Malawi level control strategy to protect power supply and other beneficial uses of Lake Malawi and the Shire River; and

(i) studies for the Integrated Water Resource Management Plan for the Songwe River


Revision of the Water Policy and development of a National Sanitation Policy were also initiated during the implementation of NWDP I. The new National Water Policy, to replace the 1994 National Water Policy, was completed in August 2005, while the Sanitation Policy was developed through a comprehensive stakeholder consultation process.

1.2 Second National Water Development Project To build on the success of NWDP I, the GoM requested the World Bank to lead the preparation of a follow-up project; the Second National Water Development Project (NWDP II). The project was initially for a five year period with IDA Specific Investment Grant and Credit of $50 million, to contribute to GoM’s medium term sector programme. A sector wide approach (SWAp) was chosen to implement a consistent policy and harmonized implementation guidelines for the major sector activities. Parallel funding arrangement for the Government and the participating Development Partners was adopted.

1.2.1 Project Development Objective The development objective of NWDP is to increase access to sustainable water supply and sanitation services for people living in cities, towns, market centres, and rural areas to improve water resources management. The project also aims at contributing to building sector capacity through improved monitoring, regulation, incentive structures, public-private partnerships, and coordination among the sector stakeholders. The development objective will be measured in terms of the expected project outcomes that would include the:

(a) number of people with improved water supply and sanitation; (b) efficiency and financial viability of water utilities and; (c) improved water resources management.

The IDA supported project together with other projects supported by a number of Development Partners and financiers, also supports the overall sector wide programme, NWDP. The primary focus is to implement projects that will assist the GoM achieve improved management of the nation’s water resources; and ensure the delivery of efficient, reliable, and sustainable water supply and sanitation services; that will benefit an increasingly large number of the population of Malawi overtime.

1.2.2 Programme and project components

The NWDP has the following project components:

A. Urban, Town, and Market Centre Water Supply - Investments and technical assistance for water supply in Urban, Town, and Market Centre, implemented through the respective Water Boards;

B. Sanitation - Investments and technical assistance for sanitation and hygiene investments in Town, Market Centres, and rural areas, implemented by the Ministry of Irrigation and Water Development and the Water Boards;


C. Water Resources Management - Technical assistance to enhance capacity and prepare future investments in water resources management implemented by the Ministry of Irrigation and Water Development;

D. Sector Reforms and Program Management - Support for sector reforms, capacity enhancement and programme management, implemented by the Ministry of Irrigation and Water Development.

E. Rural Water Supply - Investments and technical assistance in rural water supply implemented by the Ministry of Irrigation and Water Development.

The IDA funds are allocated to all components and other major Development Partners and financiers are also financing the components in separate projects under the programme (Table 1.1). The components that are applicable to the various projects vary from project to project depending on the agreements as shown in Table 1.1.


Table 1.1: NWDP Financial Contributions to Project Components

Development Partner

Expected Financing

(US$m)

Urban Water

Supply (US$m)

Town Water

Supply (US$m)

Market Centre Piped Water

Supply(US$m)

Rural Piped Water

System(US$m)

Rural Water

Supply & Sanitation

(US$m)

Sanitation(US$m)

WRM (US$m)

Programme & Sector Mgt. &

Capacity Building (US$m)

IDA (Initial Financing)� 50.00 * 6.87 19.74 4.07 0.5 10.88 6.24

IDA (Additional Financing) 120.00 ** 42.52 41.69 5.15 2.67 9.15 14.05

UNICEF/Govt of Neitherands� 18.04 14.94 3.10

EU/EIB� 48.51 48.51

African Development Bank� 42.66 12.52 17.13 3.95 9.06

RWSSI Trust Fund� 5.41 5.24 0.17

Africa Water Facility (AWF)� 3.96 0.97 2.99

Austria Aid 14.00 14.00

OPEC Fund� 10.00 10.00

Africa Catalytic Growth Fund� 25.00 8.23 5.31 11.46 3.00

GoM (%age of Investment - AfDB) 6.11 1.63 1.07 0.21 3.20

GoM (%age of Investment - WASH) 4.66 3.86 0.80

Community (%age of Investment - AfDB)

3.79 1.80 1.94 0.04

Community (%age of Investment - WASH)

6.40 6.40

GoM Entities 2.09 2.09

Expected 360.63 101.08 79.66 23.38 21.11 65.21 24.20 39.66

* US$1.31 m from IDA was used for Project Preparation and US$0.4 is unallocated to the categories.

** US$4.77m fron IDA’s additional financing is not allocated to the components.

� Financing confirmed and accessible. The rest are based on indications for financing.

Note: The above allocations are subject to revisions as reallocation are negotiated and cost estimates are determined.

Exchange Rates: 1 UA = USD 1.6445

1 EURO = USD 1.5812

1 SDR = USD 1.50


The components under NWDP consists of the following activities: Component A. Urban, Town, and Market Centre Water Supply

Investments in production and transmission for urban centres: For Blantyre City, to solve the recurrent water problems, improve the water intake, increase pumping/treatment capacity, and expand off-peak water storage and distribution. For Lilongwe City, improvements shall include capacity expansion to the existing water treatment plant, through rehabilitation. For town water supply, expand water supply facilities in some of the largest, fastest-growing towns including Mzuzu, Zomba, Kasungu, Mzimba, Mangochi and in other smaller towns. To qualify for investments; business plans that include management arrangements, tariffs, financial projections, phased expansion plans and social/environmental safeguards are required. Investment proposals will be appraised by the Ministry of Irrigation and Water Development (MoIWD), based on the cost effectiveness of the proposed design, the long term financial viability of the scheme, and ability to avoid/mitigate negative social/environmental impacts. Operational Efficiency Improvement: In the short to medium term, improvements will be made to the operational efficiency of the water supply systems and the Water Boards operations; with regards to their financial management system, bill collection efficiency, and reduction in non-revenue water. For urban water supply, covering the cities of Lilongwe and Blantyre, this would be done through the implementation of a service contract with a private operator. Extension of Service with Particular Attention to Low Income Areas (LIAs) of urban centres: This will include the expansion and improvement of the water and sanitation services to the peri-urban areas of Blantyre and Lilongwe to service the LIAs. Particular attention will be given to the low income and peri-urban communities. The implementation arrangements, choice of technology, and cost recovery plans for such services would be based on a study carried out during project preparation. Development of Future Water Sources: Full feasibility studies and detailed designs will be carried out for developing new raw water sources for Blantyre and Lilongwe in the medium to long-term, based on demand assessment up to year 2035. These feasibility studies, upon completion are expected to be used for future projects funded by any Development Partners.

Market Centre Water Supply: This includes development of community-managed water supplies in market centres with the support of the Water Boards who will:

(i) prepare pre-feasibility studies and introduce the project to participating market centres;

(ii) contract local consultants to provide technical assistance to them and; (iii) arrange and supervise works contracts to expand their water supplies.

The Water Boards will also:

(a) facilitate the establishment of autonomous Water User Associations; (b) assist the Associations to plan their water supply facilities and learn to oversee

scheme operations and; (c) train local utility operators to handle routine operations and maintenance.


Financial support will be provided for towns and cities to implement a sanitation action plan that addressed the priority concerns of the community. Groundwater Development: In many towns water supply services are limited by the yield of boreholes. Groundwater sources with water supply gaps and difficult hydro-geological conditions in towns will be developed.

Component B: Sanitation

Strategic Sanitation Planning: The National Sanitation Policy dated May 25, 2006 will be implemented through development of a strategy and implementation plan for each of the sub-sectors. This would include:

(i) a strategic sanitation plan to address the issues related to sewerage, solid waste, excreta disposal, and drainage in Blantyre and Lilongwe;

(ii) sanitation planning and services in towns including on-site systems, sewers, and septage treatment/disposal facilities and;

(iii) hygiene and sanitation plans for the rural areas.

Sanitation Marketing: This shall be implemented in peri-urban areas of Blantyre and Lilongwe City. Various sanitation products shall be marketed for adoption by the communities in these areas. Capacity Building: Masons and other sanitation service providers shall be trained in various sanitation products including latrine construction, business management, and marketing. Sanitation Sector Reform: At the ministry level, the activities would include capacity building to strengthen the newly established Sanitation Department through provision of vehicles and office equipment; and facilitation of the process of transfer of water borne sewerage responsibility from local authorities to water utilities through development of sanitation legislation and stakeholder consultations. School Sanitation: School sanitation activities shall include construction of improved latrines, urinal blocks, water supply and hand washing facilities; construction supervision and software aspects (such as hygiene promotion). The whole population of Malawi is expected to benefit from this sub-component through increased hygiene and sanitation awareness, improved sanitation facilities, and/or change in behaviour towards sanitation.

Component C: Water Resources Management

Water Resources Management Institutional and Technical Support: The reform of the water resources sector; and strengthening of the Water Resources Management Board will be supported. The MoIWD will be strengthened to ensure that water resources development is environmentally sustainable; and re-establish surface water, groundwater and water quality monitoring systems; and a management information system. Water Resources Investment Strategy: Support for an integrated water resources investment strategy, which identifies the water resources development and infrastructure needs of the


country, through a multi-sector economic analysis, will be provided. The strategy will provide the infrastructure platform required for growth in the different water using sectors. Catchment Management and Development: Catchments throughout Malawi are degrading due to poor land use practices and population pressure. This results in erosion, loss of fertile soils, decrease in groundwater recharge, flash flooding, high sediment loads in streams and rivers, and deteriorating water quality. In strategic catchments such as the Shire River, the degradation results in high water treatment costs and damage to hydro-power generation equipment. Catchment Management Authority (or Authorities) will be established in selected sub-catchment of the Shire River, and support will be provided to small scale investments in livelihoods-based catchment management activities, through the preparation and implementation of catchment management plans aimed at reversing the degradation of the river’s catchment area. Lake Malawi Level Control: The outflow from Lake Malawi has been known to cease due to natural lake level fluctuations. Over the past decades critical aspects of Malawi’s economy, which are dependent on the flow of the Shire River downstream of Lake Malawi, have been established. These aspects of the economy include the water supply to Blantyre and the generation of 90% of energy for the country. However, whilst there are increasing demands on the water resources of the Lake, there is no means by which to regulate the flow out of the Lake. To enable the management of the Lake levels and to avoid the potential of the Shire River ceasing to flow, a feasibility study was undertaken in 2003 to construct a lake level control structure at Liwonde, on the Shire River; and to investigate the feasibility of a low-flow pumping scheme at the mouth of the Shire River. A detailed engineering design of the Liwonde Barrage will be undertaken. The designs will include independent Environmental Impact Assessments (EIAs), all safeguard requirements and development of implementation plans of an Integrated Water Resources Management System (IWRMS) for Lake Malawi and Shire River. Enabling Legislation for National Water Policy: The programme will develop and support the promulgation of enabling legislation to support the implementation of the National Water Policy of 2005. This will facilitate the establishment of the required institutional framework for proper water resources management in the country. Detailed design of the new water source: Feasibility study and preliminary design for a new water sources (Mombezi and Diamphwe Lower dam) in preparation for funding to carry out the construction in the near future. LiDAR Survey for the Lower Shire River: Flood risk management, with a focus on flood modelling, forecasting and early warning, as well as flood mapping and zoning are important proposed areas of engagement for MoIWD in the coming years. Support to these activities to mitigate the negative impacts of flooding on livelihoods, community assets and infrastructure is in the investment pipeline.

Component D. Sector Management


This component would be managed by the MoIWD and consists of three sub-components:

Management of SWAp: This sub-component will provide capacity building and institutional support to the MoIWD, in managing its sector program, including the sub-sectors of UWSS, RWSS, Town WSS, and WRM. Sector Management would include implementation and monitoring of GoM’s sector policy and common guidelines for all investments in the sector funded by bilateral and multilateral donors, NGOs, and other financiers. Major aspects of such common guidelines would be spelt out in the program implementation manual, and would include investment, financing, and cost recovery policies for each of the sub-sectors. This sub-component would also build the capacity of the MoIWD to effectively carry the out monitoring and evaluation (M&E) of the sector monitoring framework with a systematic approach, to developing a medium term investment and financing plan and a MIS system. Other M&E activities would include staffing, training, mid-term and final evaluations, data collection, and technical reviews. This sub-component would also support the development of an eventual pooled SWAP which would pool donor and GoM funds in one pot with the option of discrete funding and harmonize financial management, procurement, environmental and social safeguards frameworks. It is envisaged that this pooled SWAp would be effective by the end of the NWDP II. Capacity Building: This will include training and development of personnel in order to build human resources capacity, to efficiently and effectively manage the water systems and manage projects. Support will be provided to the Ministry and the Water Boards to continue the implementation of water supply projects and undertake HIV and AIDS programs which include awareness building, promotion of HIV/AIDS testing, and prevention.

Sustainable Reform Plan: To ensure sustainability of the sector, a reform plan that addresses the Urban Water Board’s deficient organizational culture, inadequate work-ethic, and lack of commercial discipline, as well as the financial viability of the sector will be implemented.

The appropriate institutional framework for ensuring proper governance and accountability for the urban water services would be established through formation of a regulatory framework, clarification in roles and responsibilities of the various sector stakeholders and decision makers, and implementation of a delegated management model possibly through a deeper private sector contract, following the service contract. To transform the Water Utilities into efficient operators, the provision of water services would consider contracting out water supply services to water operating companies, in an urban water improvement public private partnership (PPP). The programme would support GoM’s plan to invite Malawian investors to join with specialist international water operators to create a Water Operating Company or Companies. The Water Operating Company or Companies would be expected to take over the staff and operations that were under the Water Boards in the selected areas. In time, the Water Operating Company could be listed on the Malawi Stock Exchange. The regulatory framework for water supply will be for all water supply operators. Regulation will include financial resource allocation, operational efficiency, water quality, and tariff setting and adjustment.


INITIAL PROJECT SITES FORSECOND NATIONAL WATER DEVELOPMENT PROJECT (NWDP II)

Figure 1: Map of Malawi Showing NWDP II Initial Impact Districts.


1.2.3 Programme Coordination and Implementation The overall management of NWDP is the responsibility of the Ministry of Irrigation and Water Development. The Ministry of finance will be responsible for the overall approval of financial disbursements. Urban Water Supply and Town Water Supply shall be under the responsibility of the Water Boards, while Market Centres Water Supply and Rural Water Supply will be implemented by the Water Supply Services Department with the support of the Water Boards on Market Centre Water Supply projects implementation. Sanitation and Hygiene activities will be implemented by the districts under the direction of the Department of Sanitation in the MoIWD. Water Resources Management will be the responsibility of the Water Resources Department in the MoIWD.

1.3 Objectives of the ESMF The objective of this ESMF is to ensure that NWDP is implemented in an environmentally and socially sustainable manner. The ESMF provides the project implementers with an environmental and social screening process that will enable them to identify, assess and mitigate potential environmental and social impacts of the NWDP components. The screening results would indicate whether additional environmental and/or social work will be required or not. Thus, the ESMF is designed to determine the appropriate level of environmental management, which could range from (i) the application of simple mitigation measures (assessed through the environmental checklists); (ii) to the preparation of a comprehensive EIA Report (according Malawi’s EIA Guidelines), or, (iii) no additional environmental work. The ESMF outlines the:

a) steps of the screening process from identification to approval of infrastructure investment;

b) environmental and social mitigation measures that can be applied and adopted;

c) draft generic terms of reference for an EIA if required and;

d) summary of the safeguard policies1 to ensure that they are observed during project implementation;

e) review and approval of the screening results and separate EIA reports; and

f) environmental and Social Management Plan (ESMP)

The screening process has been developed because the locations and types of activities to be funded under the NWDP are not yet known in advance; and therefore potential impacts cannot be precisely identified.

The screening process will assist the project implementers to identify, assess and mitigate potential negative environmental and social impacts; and to ensure proper mitigation of these impacts. It will assist in determining whether preparation of a comprehensive EIA and/or RAP is appropriate for the project components. The screening process, the environmental management and monitoring plans, the ESMF implementation arrangements and the proposed capacity building and training requirements will be included in the Project Implementation Manual (PIM).

1 Adopted from the World Bank’s guidelines


1.4 Justification for the ESMF For the NWDP, the precise type and location of proposed project activities are not known in advance and are subject to change, if already proposed, subject to agreements. Therefore the potential social and environmental impacts of the project activities cannot be identified in the context of a traditional EIA.

For development project activities whose design details and locations are known, the Malawi Environment Management Act (1996) and the Malawi EIA Guidelines (1997) prescribe the conduct for Environmental Impact Assessment. However, these instruments do not have guidelines for the screening process for the identification, assessment and mitigation of potential localized impacts, where the project details and specific project sites are not yet known. This ESMF provides mechanisms for ensuring that potential environmental and social impacts of the NWDP are identified, assessed and mitigated as appropriate, through an environmental and social screening process. This ESMF therefore, complements the Malawi EIA procedures for meeting the environmental and social management requirements, as outlined in Appendix C of the EIA Guidelines. The ESMF also complements the Development Partners Operational Policies, such as the World Bank, for environmental management of projects where specific details are not yet known.

1.5 Potential Users of the ESMF The ESMF has been prepared as a reference manual for use by key stakeholders to be involved in the planning, implementation, management and operation of the NWDP. As a reference material, the ESMF would be useful to the following NWDP key stakeholders:

• funding and donors agencies and other Development Partners; • the Ministry of Irrigation and Water Development; • Water Boards; • Town & Country Planning Committees and District Executive Committees in the selected cities

and districts; • Politicians and Local Traditional Leaders and; • Senior Government officials responsible for policy making and development planning.

1.6 Approach and Methodology to the preparation of the ESMF One of the key objectives of the ESMF is to provide a screening process for potential environmental and social impacts for planned and future project activities under NWDP, and to recommend a generic management plan for addressing the potential negative impacts. In the development of this ESMF a high degree of consultations with various key stakeholders was employed. The rationale of these extensive consultations was to solicit views of a cross section of people, at the local, district, and Central Government level.

The strategies of executing this assignment followed the six steps listed below:

(a) review of existing general biophysical and social conditions of the proposed project areas; (b) review of typical implementation approach and processes for the proposed project activities; (c) identification and analysis of potential environmental and social impacts the project activities

are likely to trigger and generate within and around the project areas; (d) development of the appropriate screening process for the proposed project sites and project

activities.


(e) identification of appropriate mitigation measures for the likely potential environmental and social impacts and;

(f) compilation of a generic management and monitoring plan for addressing the impacts during implementation, operation and maintenance of the project activities.

Information for the preparation of the ESMF has been collected through a number of research methods, which include review of related literature from published and unpublished documents, field investigations and consultation with key stakeholder. The field investigations and public consultations were conducted in Mzuzu, Mzimba, Kasungu, Mangochi, Liwonde, Zomba and Blantyre from 18th to 23rd February, 2007. Key stakeholders included officials from the Water Boards, City, Town and District Assemblies as well as persons who would be affected either positively or negatively by the project. The consultant conducted the site investigations and stakeholder consultations based on the key stakeholder list prepared and discussed with the NWDP staff. A list of some of the stakeholders consulted is provided in Annex 7.

1.7 Organization of the ESMF This ESMF is organized in nine chapters as follows: Chapter One: provides the background information to the NWDP I and the proposed NWDP; and introduces the various levels at which the project will be implemented. The chapter gives an overview of the proposed project activities in the selected cities, town & districts. The NDWP development objectives, the justification, the rationale and the proposed project implementation arrangements as well as the potential users of the ESMF are given. Finally the chapter gives the approach and methodology used in preparing the ESMF. Chapter two provides an overview of baseline information of the proposed development areas. This includes brief descriptions of the topography, water resources, hydrology and the vegetation of the selected cities, towns and district assemblies. Also given in this chapter is the socio-economic setting where the main economic activities such as agriculture and other main income generating activities of these areas are briefly discussed. Chapter three provides the relevant Malawi Environmental policies and legislation applicable to the NWDP. The chapter also gives the relevant Operating Safeguards and Policies2; and finally compares the two to highlight any gaps that exist; and to make the appropriate recommendations for addressing the gaps. Chapter Four describes the environmental and social impacts that are likely to be generated from the proposed project activities during the planning and design, construction, operation and maintenance and the decommissioning phases. The environmental and social impacts include those that are perceived by the various key stakeholders that were consulted. The environmental and social impacts are linked to the environmental components they are likely to impact upon and the sources of the impacts are also described. These sources include the civil works for the construction new and rehabilitation of existing structures; and the various human activities that create strains on the natural resources and social services. The environmental and social impacts are the basis for the development of the environmental management and monitoring plans given in Chapter 6

Chapter Five gives a step-by-step presentation of the screening process for sites for future projects. The screening process for the main environmental and social impacts of the NWDP are presented in four distinct steps of desks appraisal of the project activities and field assessments, the assigning of

2 Adopted from the World Bank’s guidelines


appropriate environmental categories, carrying out of the environmental work and the review and approval of the screening results and recommendations. The chapter introduces procedures including checklists for screening future project activities whose locations and designs are not precisely known. The chapter also gives an insight of the public consultation and disclosure process.

Chapter Six gives the Environmental Management Plan (EMP), which outlines the identified environmental and social impacts, the proposed mitigation measures and the responsible institutions for implementing the EMP. The chapter also describes the Monitoring Plan which lists the proposed institutions to carry out the monitoring activities, monitoring indicators, monitoring frequency and the costs for carrying out the monitoring activities. A comprehensive list of monitoring indicators is provided in this chapter.

Chapter Seven summarizes the implementation arrangements for the ESMF, by way of assigning tasks to the various stakeholders. The chapter details the activities that have to be carried out by the Area Executive Committee; the administrative staff at the city, town, district and community levels and the various committees at the national level

Chapter Eight proposes the capacity building and training requirements for the implementation of the ESMF. The proposed areas of training include: Environmental and Social Impact Assessment, Environmental Policies, the Screening Process, Identification of Impacts and Preparation of Reports. The chapter also provides recommendations for training and awareness creation of social impacts including those of communicable diseases arising from lack of appropriate hygiene and sanitation.

Chapter Nine gives the recommendations of the ESMF, among them being that effective implementation of the NWDP II environmental and social management framework has to be looked at in the context of other existing environmental problems and those problems that may arise from other future project activities not related to NWDP. The chapter also recommends that successful implementation of the ESMF will depend, to a large extent, on the involvement of the local communities. Finally the chapter gives specific recommendations, some of which are creation of awareness, use of the local community structures to implement the ESMF and the need to assist and support the City, Town and District Assemblies with adequate resources and equipment necessary for implementing the ESMF.


CHAPTER TWO: BIOPHYSICAL AND SOCIO-ECONOMIC SETTING 2.1 Introduction Development projects of the nature of the National Water Development Project bring about various changes (positive or negative) to the different components of the environment. These components include the physical (geology, topography, soils, water resources etc), biological (flora and fauna), cultural and socioeconomic (settlements, land use, livelihoods etc) components. The NWDP activities will focus on improving the existing water supply infrastructure and expansion of water supply coverage in urban and peri-urban areas where the impact on forest reserves may be insignificant. However, project components that target development of future water sources for the cities of Blantyre and Lilongwe and in areas where hydro-geological conditions are difficult, may present challenges to the protection of forests. For instance, the OP. 4.04 of the World Bank recognises the importance of conserving natural habitats for long term sustainable development. The Malawi Forestry Act 1997 deals with the management of indigenous forest on customary and private land, forest reserves and protected forest areas. It is a requirement under the Act that any development proposed in forest reserves must be subjected to EIA. The NWDP activities will involve improvements in water abstraction, storage and transmission. In some areas the water abstraction, storage and transmission activities will make use of the existing water structures such dams, tanks and pipelines. In Mzuzu, Kasungu, Lilongwe and Zomba the water supply improvements will in some way or another depend on the existing dams. The Lunyangwa Dam in Mzuzu, Kamuzu 1 and 2 dams in Lilongwe and Mulunguzi dam in Zomba have fairly adequate capacity to supply water for the medium term. Chitete dam in Kasungu however, requires urgent de-silting and catchment protection measures. The de-silting works on the Chitete dam will have very minor significance on the project’s investments. All the dams are managed by the respective Water Boards and appear to be safe for the duration of the project. The EIA process for Malawi (EMA, 1997) requires that the baseline situation of the existing environment be established, before any project that might significantly impact on the environment is implemented. The sections outlined below briefly outline the existing environmental situation in the project impact areas of NWDP.

2.2 Mzimba and Mzuzu City

2.2.1 Mzimba Mzimba District is the largest district in Malawi. It is bordered by Rumphi to the North, Nkhatabay to the East, Kasungu to the South and Zambia to the West. The district has a total area of 10,430 square Kilometres.

Topography and Geology There are four major physical features in the district. The Viphya highlands in the east are a high plateau with the altitude of 1954 metres above sea level. There are large pine plantations and natural forests on the plateau. The plains in the west extend into Kasungu and Zambia. The hill zones, characterized by moderate to steep slopes, occur in Khosolo, Kanjuchi, and Mpherembe. There are


also valleys along South Rukuru, Kasitu and Dwangwa Rivers (Kabuwa area). South Rukuru is the biggest and longest river in the district and region. Generally Mzimba is covered with medium to light textured but moderately fertile soils with eutric-fersialic soil characteristics. The soils have moderate to good drainage. Fertile loamy soils are found in the valleys and are suitable for agricultural production. Water Resources Mzimba River is the main water source for the Mzimba Central Business District (CBD). The Northern Region Water Board is responsible for the water supply to Mzimba Boma and Mzuzu City. However Mzimba River is heavily silted due to river bank cultivation (Figure 2.1). Only 53% of the households have access to safe drinking water (piped, boreholes and protected wells). The Northern Region Water Board supplies water to Mzuzu city residents from Lunyangwa Dam on Lunyangwa River. Mzimba Boma faces water shortages throughout the year.

Vegetation Mzimba is largely covered with indigenous and woodland forests, predominantly semi-evergreen woodlands of Brachystegia Julbernardia and Erythrophloem, especially in Mpherembe-Euthini zone. There are thickets of Combretum, Commophora and Euphorbia interspersed with the brachystegia woodlands at the extreme northern part of the district, where it borders with Rumphi district. Plantation forests of Pinus and Eucalyptus species around Viphya and Chikangawa, grasslands with forest remnants, dry grasslands with fallow or regenerating shrubs and seasonal grasslands are common in some parts of the district. The total forest reserve area is 233,926 hectares, which is about 56% of the total forest area in Mzimba. The forest reserves are Champhira, South Viphya, Perekezi, Mtangatanga, Sonjo, Bunganya, Choma, and Dwambazi. The forest reserves are protected under the Forestry Act (1997). It is a requirement under the Act that any development proposed in forest reserves must be subjected to an EIA study. Lack of catchment protection for major rivers such as Mzimba, Kasitu, Luwerezi and Dwambazi have created bare lands on South Viphya Plateau, which is now highly eroded. Other environmental problems include deforestation, water resources degradation and depletion, human habitat degradation and threats to biodiversity. Population According to 1998 population census, Mzimba District has a population of about 524,014 comprising 6.2% of the country’s population. Between 1987 and 1998, the population of the District increased by 40.9% representing an inter-censal growth rate of 3.1% per annum (NSO, 1998). With population of about 13, 742, Mzimba Boma is the biggest urban area in the District and serves as an administrative,

Figure 2.1: Mzimba River


commercial and industrial centre. Its population growth rate increased by 5.4% in the inter-censal period (1987-1998), owing to inward migration from rural areas to the Boma. Economy Agriculture is the main economic activity of Mzimba District, which has 575,350 hectares of arable land. In the 2001/2002 agriculture season, 35% (202, 553 hectares) of the arable land was under cultivation (GoM, 2003). Much of the arable land (200,322 hectares) under cultivation is used by smallholder farmers while the rest is under estates. Among the major crops grown in Mzimba are maize, millet, burley tobacco, oriental tobacco, ground nuts and beans.

The Status of Water Supply and Sanitation Mzimba Boma: According to the people that were consulted and what the consultants observed, Mzimba Boma experiences acute water shortages throughout the year. The problem has arisen because of two major reasons. The first is that the capacity of the water supply system is lower than the demand for water. The system has capacity to supply 1200m3/day while the current demand is about 1400m3/day. Therefore the system is unable to cope with the demand for water supply. The increased water supply demand is caused by an ever increasing population growth at the Boma. The second major problem is the heavy siltation (Figure 2.1) in the Mzimba River, caused by river bank cultivation and deforestation in the catchment area. The two problems can be sorted out by rehabilitating the water supply infrastructure and implementing catchment protection and conservation measures.

2.2.1 Mzuzu City Mzuzu city currently has access to portable water. However, there are some problems in some townships which are unable to access water all the time because of low pressure. According to the Northern Region Water Board, the system is operating at its maximum capacity though it fails to reach all the customers. Comparing water quality of Mzuzu City with that of Mzimba Boma, the water quality for Mzuzu City is much better due to good catchment protection of Lunyangwa Dam (Figure 2.2). With continued protection of the Lunyangwa catchment, the dam is capable of storing water up to it’s design capacity. The immediate problem faced by the Northern Region Water Board is limited capacity to pump enough water to all areas within Mzuzu City and the surrounding areas such as Ekwendeni. To solve the problem of low pressure, the Water Board plans to construct a water tank at Doroba some 10 kilometres west of Mzuzu City. Another problem faced by the Northern Region Water Board is their inability to manage the catchment for the Lunyangwa Dam. Legally, Lunyangwa Forest Reserve is under the Department of Forestry. This arrangement gives problems to the Water Board to effectively management the catchment.

2.3 Kasungu Town Kasungu Town is located almost at the centre of Kasungu District, in the Central Region of Malawi. It is bordered by Zambia in the West and Mchinji, Dowa and Lilongwe in the South; Mzimba in the North;


and Nkhotakota and Ntchisi in the East. It is the only district in Malawi, which shares boundaries with seven districts, in addition to sharing a boarder with Zambia. The district head quarters are approximately 127km from Lilongwe City. Topography, Geology and Soils The township is under the Lilongwe-Kasungu Plain. The topography is generally undulating and is 1100 metres above sea level. Its landform includes the Kasungu Mountain, located to the west of the Central Business District and Kasungu-Chipala to the north-north east. Kasungu Mountain is 1,451.1 metres high. The town lies on gneiss formations belonging to the basement complex. The gneiss is mainly composed of metamorphosed rock of sedimentary and igneous origin, known collectively as the Malawi basement Complex. The rocks form ‘Residual Mountains’, popularly known as inselbergs, such as Kasungu Mountain. The dominant soil types are the lateritic soils. These are sandy loam soils, reddish in colour. In some areas there are river and Dambo colluviums, red clay and pure sandy soils. These are well-drained soils, of varying thickness. The soil pH ranges from 5.5 to 7.6, suitable for growing maize, tobacco and legumes. The soils are good for construction purposes. Water Resources The town has two main rivers; the Chitete and the Chankhanga Rivers. Chitete River flows from the southern part of the town and is joined by the Kabvunguti stream which flows from the southwest. At the confluence of these two is the Chitete Dam (Figure 2.3). The Dam belongs to the Central Region Water Board and was constructed to supply water to the town and township residents. At about 3 kilometres down stream, the Chitete River is joined by the Chankhanga River whose catchment is Kasungu Mountain. The other dam within the town is called Champhantha. This dam belongs to the Nguluyanawambe Residence (residence of the first president of Malawi). It was constructed on Champhantha stream, which flows into Chankhanga River. Forming the boundary to the east between the township and the district is Kaswalipande Stream. This stream empties its waters into the Chitete River which flows out of the township. Vegetation Kasungu Township has savanna woodland punctuated with tall grass. The most common trees include the Accacia species and Brachystegia

The status of Water supply and Sanitation Regional Water Board for Central Region supplies water to Kasungu Town and Township by pumping from the Chitete Dam (Figure 2.3). However, Kasungu is a fast growing town and therefore the Regional Water Board is currently unable to adequately supply water to all its customers. Certain areas in the township experience water shortages due to low pressure. The low pressure is caused by small

Figure 2.3 : Kabvunguti Dam, Kasungu Town


pipes and inadequate storage tanks. Another problem, the Regional Water Board faces is siltation of the reservoir due to catchment cultivation and in some cases due settlements less than 150 metres away from the dam. In order to ensure adequate water supply to the township, the Regional Water Board plans to rehabilitate the transmission system (part of which is old asbestos cement pipes) as well as the storage tanks. In addition, the Regional Water Board plans to intensify catchment protection of Chitete Dam by planting trees and grass and also de-silting of the dam. Siltation is a serious problem due to inadequate catchment protection.

2.4 Lilongwe Lilongwe, which is the capital city of Malawi, is named after Lilongwe River that flows almost across the centre of the district. It is located in the Central Region and is bordered by Dedza District to the east and Salima District to the North East. The total land area is 6,159 square kilometres representing 6.5% of Malawi’s total land area. However, NWDP II targets only the City and the surrounding peri-urban areas, while the AfDB financing targets the rural areas of the district. Topography, Geology and Soils Landform ranges from extensive plains lying at mid-altitude between 1,000-1,400m above sea level with isolated inselbergs rising above this level. To the east, the Lilongwe plain becomes increasingly dissected and merges with the Dedza hills and Dedza scarp zone. The Dzalanyama forest reserve, rising to 1,713m above sea level, lies to the South West of the Lilongwe plains. Largely various gneisses, granulites and schist, including important developments of pegmatite rocks, underlie the Lilongwe plain. All these are assigned to the Malawi Basement Complex. In the centre and west of Lilongwe however, these rocks are commonly masked by a variety of superficial deposits, which in some places are of considerable thickness. Soils vary in type, depth and maturity. The Lilongwe soil catena is representative of the ferruginous soil pattern covering the central part of the Lilongwe Plain. Dark red, sandy clay or clay; possessing typical properties of ferruginous soil dominate the district’s flat lying plain commonly known as the Lilongwe Series comprising the following:

• Kandiani Series- a yellowish red profile with a sandy clay sub-layer; • Mwanjema Series- a deep subsoil of dark brown colour;• Monde Series- a course sandy, ferallitic soil, with the lower horizon mottled, and impeded site

drainage • Mbabzi Series- black hydromorphic clay (also known as dambo clays) subject to seasonal

water logging

Water Resources There are six main rivers draining the district and these are Lilongwe, Lingadzi, Diamphwe, Bua, Nanjiri, and Mbabzi. Lilongwe River and Likuni are the main sources of water supply to the residents of the City. The catchment of the two rivers is so degraded that the security of the water supply sources is compromised. This has prompted the Water Board responsible for Lilongwe City to investigate alternative water supply sources to sustain and expand the water supply coverage to Lilongwe Town and surrounding Townships. The Lilongwe and Likuni Rivers are heavily silted particularly during the rainy seasons. This contributes to the high water treatment costs.


Vegetation and Environment Lilongwe District has three gazetted forest reserves under public land. These include Dzalanyama, Thuma and Nalikule. However, the forest reserve that is of relevance to this project is the Dzalanyama which is the major catchment area for Lilongwe river. The main tree species found in Dzalanyama Forest Reserve and the surrounding areas include Julbernadia paniculata (Mtondo), Parinari curatellifolia (muula), Brachestegia spiciformis (mvukwe), Terminalia sericea and Bohemmia thoningii.

The Status of Water Supply and Sanitation The supply of water to Lilongwe City and the surrounding peri-urban areas such as Chitedze, Army Air wing, Kamuzu International Airport, Bunda College, etc. is done by the Water Board for Central Region. Lilongwe River, on which Kamudzu Dam 1 & 2 are built is the main source of water for Lilongwe City and the peri-urban areas. Due to the growing population in the City of Lilongwe as well as the peri-urban areas, many places are not connected to the water supply network and some of those connected experience low water pressure.

2.5 Mangochi Topography and Geology

Mangochi lies in the rift valley plain. The district becomes undulating to hilly from Monkey Bay to Cape Maclear, with an altitude below 600 metres above the sea level. The geology comprises basement complex paragneisses and chamockitic and quartzo-feldspathic granulites.

Soils

The most predominant soils in the lithosols. These soils are generally shallow and stony occurring mainly in the rift valley scarp.

Water Resources

The major hydrological feature along the district is Lake Malawi, which supplies water to most of the sites along the district. The lake is an important and prominent tourist attraction site with holiday resorts and lodges along the shores.

2.6 Zomba Zomba District is located in the Southern Region of Malawi. It is bordered by Chiradzulu to the South West, Mulanje and Phalombe Districts to the South, Machinga District to the North, Balaka District to the North West and Mozambique to the East. The total land area of the District is 2,580 square kilometres, comprising 3% of the total land area of Malawi. The Municipality of Zomba, which houses the district headquarters, is 64 kilometres North of Blantyre City, the country’s main commercial centre; and 288 kilometres south of Lilongwe City, the Capital of Malawi. Zomba Municipality is the second largest town in the Southern Region after Blantyre and the fourth largest in the country. It is also a University Town where the University of Malawi Central Administrative Offices and Chancellor College, a constituent college of the University of Malawi, are located.


Topography and Geology The topography varies between undulating to flat. The topographical characteristics cause climatic diversity. Metamorphic rocks of sedimentary and igneous origins underline the district. There are different types of minerals and these include limestone currently being mined commercially in the district. Soils Most soils are well-drained, yellowish-brown to reddish-brown, medium to fine textured, slightly to medium acidic and are very deep. These soils are mostly classified as eutric or chromic camisoles, haplic or chronic luvisols or haplic or luvic phaeozems. Greysols are particularly common around Lake Chilwa. Water Resources Zomba District is endowed with rivers that include Mulunguzi, Thondwe, Domasi, Naisi, Namadzi, Phalombe and Likangala. In addition to several rivers of importance, the District has Lake Chilwa into which some of these rivers drain. The new dam on Mulunguzi River is the main water supply source for the Municipality of Zomba and its peri-urban areas Vegetation Zomba can be classified into two distinct biotic communities. Part of the plateau is semi-evergreen forest while the other part is made up of wetlands. Miombo woodlands comprise forestlands in the plateaux hills and escarpments that have medium to high rainfall. Mopane woodlands which are largely dominated by Colophospermum mopane with open glades cover the fringes of the District. The most common vegetation type is that of Brachystegia (Miombo) woodland. The District has high species diversity particularly on the Zomba Mountain. In addition to the various tree species, the District has the Zomba Forest Reserve. Population Size and Growth According to the 1998 Population and Housing Census Zomba District has a total population of 540,428 which is about 6% of the national population. The average population growth rate is estimated at 1.8 %, slightly lower than the population growth rate of 1.9% for the country. Zomba is the largest district in terms of population size in the Southern Region. Zomba Municipality has a population of 64,115 Environment The environmental situation in Zomba is fast deteriorating due to the rapid loss of forest cover. Deforestation is occurring at a very fast pace as a result of human encroachment in protected forests, for purposes of agricultural expansion, increasing demand for fuelwood (charcoal and firewood), and higher timber requirement. The rate of forest destruction is further aggravated by infrastructure development, such as the construction of Mulunguzi Dam and expansion of the district road network. The Status of Water Supply and Sanitation The Region Water Board responsible for Eastern Region Town Water Supply, supplies portable water to the City of Zomba. The Water Board abstracts the water from the dam on Mulunguzi River. Due to increasing human population in the municipality, more water is required. The Water Board faces problems of low pressure due to small and old pipes constructed some decades ago. It is planned


under NWDP to rehabilitate the water supply system so that it is able to meet the current and future demand. Zomba Municipality has an old sewerage system that is not able to service the current population. The old sewerage asbestos pipes continuously break. The municipality also depends on the septic tank system for treatment and disposal of sewage. With increasing human population, there is need to upgrade the sewerage system to cope with increasing wastewater generation. During the public consultations, the consultant noted the problems of sullage disposal at communal water points. Lack of proper wastewater disposal at these communal taps contributes to unsanitary conditions and water related diseases including malaria. Figure 2.4 shows the problems typically faced at these communal water points

2.7 Blantyre District Location and Size Blantyre District is bordered by Mwanza District in the North, Zomba in the North East, Chiradzulu in the South East, Thyolo in the South and Chikwawa in the west. It is located in the Shire Highlands and is the geographical centre of the Southern Region of the Country. It is the largest commercial city and is the industrial capital of Malawi. The current population of Blantyre District, based on population projection is 1,113,613. Out of this population 744,734 live in the city while 368,879 live in the rural areas. Blantyre has a population growth rate of 3.8%. Soil There are three main types of soils: (a) the dark clay or reddish brown clay loam soil; clayey alluvium deposits mostly found in areas which are moderately steep and flat along banks and headwaters of rivers and streams; and residual soils from pyroxene granulate and systematic gneiss. Vegetation The district has savanna type of vegetation. Most of the vegetation is heavily depleted due to clearance for the construction of buildings and urban infrastructure, crop cultivation and exploitation for firewood, charcoal making and building materials. The only remaining natural forests are confined conservation areas e.g. Michiru , Soche and Bangwe Mountain. Forest Reserves and Plantations The district has a number of forest reserves and plantations covering a total of 15,058 hectares. Most of the forest reserves/plantations are planted with blue gum and are in advanced state of deforestation. These include Namatunu, Ndirande, Soche, Kanjedza, Bangwe, Michiru, Chigumula, Blantyre City Fuelwood Project, Mirale, and International Timber Plantation.

Figure 2.4 Problems of wastewater disposal at one of the communal water


The prominent forest types are plantations with exotic species of eucalyptus and pine trees. The plantations are mostly government or estate owned. The indigenous forests, mostly composed of Brachystegia woodland are found on customary land under Traditional Authorities (T/As). Water Resources Blantyre District has abundant renewable ground and surface water resources which cater for water supply through the provision of piped water, boreholes and wells. The piped water caters for the city residents and the peri - urban dwellers. Over 80 percent are served by this source. Piped water supply in Blantyre City is provided by the Water Board in the Southern Region covering Blantyre City Water Area to over 80 percent of the city population. This implies that less than 20 percent of the city dwellers obtain water from unprotected source such as streams and rivers. The rivers are degraded mainly due to illegal dumping of waste and effluent discharges from industries, domestic and commercial establishments. The rivers are also affected by high levels of faecal contaminants and poor sanitation combined with seepage from latrines. Environment Situation Unlike other districts, the rate at which the environment is deteriorating in Blantyre is very much alarming. Being the major commercial and industrial city of the country, the work force is always on the move, immigrating into the city with the purpose of looking for either job or business opportunities. These groups of people exert a big pressure on the environment as they look for fuel wood, land for settlement and for dumping waste. Fast track analysis of the environment by district heads of departments identified the following as major environmental problems faced in the district. The problems are listed according to the extent of their gravity with deforestation being the highest:

1. Deforestation 2. Over population 3. Water pollution 4. Unplanned settlement 5. Waste mismanagement 6. Land degradation 7. Disease outbreak 8. Drought 9. Water hyacinth 10. Air pollution 11. Siltation

It is widely acknowledged that the district’s natural resources have been and continue to be degraded due to the combined effects of overpopulation, poor land management practices, and poverty among other things. The Status of Water Supply and Sanitation Water supply for Blantyre is provided by the Water Board which abstracts water from Walker’s Ferry on Shire River to Blantyre for a distance of more than 30 kilometres. Blantyre City and its surrounding towns experience critical water supply shortages due to old pipes (some of them are asbestos type) and equipment that frequently break down, high silt levels and the presence of water hyacinth in the Shire River which affect the pumping at the intake (Walker’s Ferry); and power supply interruptions caused by high silt loads.


Blantyre City Assembly has three main sewerage systems and sewage treatment plants. These sewerage systems and treatment plants require upgrading to improve the quality and coverage of sanitation particularly in the growing townships. 2.8 The Liwonde Barrage The Liwonde Barrage, located on the Shire River, in Liwonde Town was constructed in the 70’s to

control the Shire River water flow for power generation and water supply for Blantyre City and surrounding towns. Due to age and the technology used, the Barrage is unable to effectively control water flow in the Shire River for efficient power generation. Of late the Liwonde Barrage area has been adversely affected by water hyacinth from upstream. This has lead to additional problems of water abstraction as well as power generation.

Fig 2.5: Water hyacinth trapped under the Liwonde

barrage


CHAPTER THREE: RELEVANT LEGISLATION AND THE WORLD BANK POLICIES 3.1 Malawi Legislation Relevant to NWDP Implementation

Legislation, policies and instruments are available to support environmental management and the EIA process in Malawi. The National Environmental Policy (2004) and the Environment Management Act (EMA, 1996) are the key instruments that cover environmental management in all the sectors of development. The EIA Guidelines prescribe the process, procedures and practices for conducting an EIA and preparing EIA reports. In addition to these instruments, there are sector specific policies and legislations that that provide regulation for managing the environment. Summarized below are some of these policies and legislation that are relevant to the implementation of NWDP.

The Republic of Malawi Constitution (1995) The present constitution of the Republic of Malawi came into force in 1995. Section 13 (d) of the Constitution sets a broad framework for sustainable environmental management at various levels in Malawi. Among other issues, it calls for prudent management of the environment and accords future generations their full rights to the environment. In accordance with the provisions of the constitution, the National Water Development Programme has to ensure that all its project activities are implemented in an environmentally sustainable manner. The National Environmental Action Plan 2002 The Government of Malawi signed the Rio Declaration on Environment and Development in 1992 and committed herself to putting in place tools and mechanisms that ensure sustainable utilization of her resources. One of the outcomes of the Rio Conference was the Agenda 21, an action plan for sustainable development in the 21st Century. The Agenda 21 required that the Government prepares a National Environmental Action Plan (NEAP). The NEAP, developed in 1994, provides the framework for integrating environmental protection and management in all country development programmes, with the view to achieving sustainable socio-economic development. NWDP will have effects on natural resources especially water sources and their respective catchments. The implementation of the project will therefore, require environmental protection and management measures to achieve sustainable development as required by the NEAP. National Environmental Policy 2004 Based on the findings of the NEAP, a National Environmental Policy (NEP) was developed in 1996, and revised in 2004. The NEP highlights the areas of priority including efficient utilization and management of natural resources. It promotes the private sector, CBOs, NGOs and community participation to initiate and mobilize resources, to achieve sustainable environmental management, and to involve local communities in environmental planning. The policy empowers the communities to protect, conserve and sustainably utilize the nation’s natural resources. It advocates enhancement of public awareness and promotion of public participation. It also prescribes cooperation with other Governments and relevant international and regional organizations in the management and protection of the environment. The NEP objectives address a broad range of environmental problems facing Malawi. The overall policy goal is the promotion of sustainable social and economic development through the sound management of the environment in Malawi. In line with the requirements of the NEAP, NWDP will have to integrate environmental management and protection during planning, implementation and operational phases, to ensure integrated natural resources management. The NEAP provides the


basis for the participation of the local communities in the management of natural resources and the environment for the NWDP. Environment Management Act 1996

The Environment Management Act of 1996 outlines the EIA process to be followed in Malawi and requires that all project developers in both the public and private sectors comply with the process. The Act defines the powers, functions and duties of the Director of Environmental Affairs (DEA) and Environmental Affairs Department (EAD) in implementing the EIA process. The Act prescribes the types and sizes of projects, which should be subjected to EIA. However, the Act does not have an environmental and social screening process for those projects whose location and extent are not yet known at the inception and planning stage.

Under NWDP, some of the project activities may fall under the list of prescribed projects as determined by the EMA. Hence, EIA studies have to be conducted for these activities before implementation. Since the project locations and the extent of project activities are not exactly known at this time, this ESMF is required for the environmental and social screening to guide the developer in determining the level of environmental work required.

EIA Guidelines 1997 The EIA guidelines published in 1997 outline the process for conducting EIA’s to ensure compliance with the EIA process by project developers, as outlined in the Environment Management Act. The guidelines provide a list of prescribed projects for which EIA is mandatory and those that may not require an EIA. The guidelines are a tool for integrating environmental issues into the project development plans in both the public and private sectors. The National Water Development Programme activities will have to be screened to isolate activities which will be subjected to EIAs in different locations. After the screening process, EIAs will have to be conducted for the project activities that qualify, by following the process outlined in the guidelines. Decentralization Policy 1998 The Decentralization Policy, developed in 1998 devolves administration and political authority to the district level, in order to promote popular participation. The Decentralization Policy assigns certain responsibilities to district assemblies. One of the key responsibilities is to assist the government in the management and preservation of the environment and natural resources. This policy is useful for the implementation of NWDP, as it supports the creation of different sectoral committees at all levels of the district, to promote participation of different stakeholders.

National Land Policy, 2002 The National Land Policy is the principal policy that guides land management and administration in Malawi. The policy introduces major reforms intended for land planning, use, management and tenure. It provides clear definition of land ownership categories (Section 4), and addresses issues of compensation payment for land (Section 4.6). The policy has provisions for environmental management, urban management of solid and liquid wastes, protection of sensitive areas, agricultural resource conservation and land use, community forests and woodland management. Of particular importance are the requirements in Section 9.8.1 (b) of the policy, that EIA studies shall be mandatory before any major land development project is carried out;


and in Section 9.8.1 (c) that development activities in fragile ecosystems such as wetlands, game reserves, forest reserves and critical habitants will only be permitted after the appropriate authority has conducted an EIA study. NWDP will have to adhere to this policy to meet its requirements for sustainable management and protection of the water and other natural resources. National Water Policy (2004) Similar to the National Land Policy, the National Water Policy is a recent administrative tool in the natural resources management (NRM) sector. This policy empowers the Ministry of Irrigation and Water Development to put in place sustainable mechanisms to ensure that water is of acceptable quality and is accessible to all Malawians at all times. The policy also advocates an integrated approach to the management of water resources in the country and thereby recognizes the importance of other policies and acts for achieving its goals. The relevance of this policy to NWDP is where the proposed project activities might affect aquatic ecosystems either positively or negatively. If not properly managed, the activities of the project may lead to the degradation and depletion of water resources thereby counteracting the principles of the National Water Policy. Therefore it will be vital for the Ministry of Irrigation and Water Development, as a key, stakeholder to ensure that the project activities are adequately monitored to protect natural water resources. Water Resources Act (1969) The Water Resources Act (1969) deals with control, conservation, apportionment and use of water resources of Malawi. Of relevance to the project is Section 16 of the Act which states that it is an offence for any person to interfere with, alter the flow of, or pollute, or foul any public water. This Act requires that NWDP avoid water degradation and depletion when developing new water supply schemes and rehabilitating/upgrading the existing ones. NWDP must also ensure that wastewater from water supply points is properly treated so that it does not pollute the environment.

Forestry Act (1997) The Forestry Act (1997) deals with the management of indigenous forests on customary and private land; forest reserves and protected forest areas; woodlots and plantation forestry and it also deals with crosscutting issues including law enforcement and fire management. The Act recommends EIA studies for projects in the forest reserves or forest-protected areas. The Forestry Act 1997 gives the Forestry Management Board the responsibility to approve EIA reports for proposed projects within forest reserves and protected forest areas. NWDP II will have to comply with this Act, more especially in the Northern Region where most of the planned activities particularly dams are within the forest reserves. Forestry Policy (1996) This policy promotes sustainable contribution of national forests, woodlands and trees towards the improvements of the quality of life in the country by conserving the resources for the benefit of the nation and to the satisfaction of diverse and changing needs of the Malawi population, particularly local communities. The main goal of the Forest Policy is to reduce the degenerative impact of development on the environment, is associated with poverty. The Policy also aims at creating an enabling environment for promoting participation of the private sector in forest conservation and management, eliminating restrictions on sustainable harvesting of essential forest products by local communities and


promotion of planned harvesting and regeneration of the forest resources by village forest authorities. The Policy is of importance to NWDP in that it supports protection of catchments, which include water sources and forests. National Parks and Wildlife Act (2000) The Act primarily deals with the protection and sustainable management of wildlife. Of relevance to NWDP is Part IV relating to Wildlife Impact Assessment (WIA). This empowers any person to request the minister, through the Wildlife Research and Management Board, to have a WIA prepared where they have sufficient reason to believe that any proposed or existing government process or activity may have an adverse impact on any wildlife species or the community. Considering that some components of the National Water Development Programme may be implemented in national parks or wildlife reserves, especially catchments for different rivers, it is important that these provisions are taken into account and that appropriate action is taken. For NWDP, a WIA of the proposed Dam in Mzimba may have to be necessary to assess impacts of the dam on natural habitats, cultural property, forests and people who might lose access to the parks resources.

National Parks and Wildlife Policy (2000) The aim of the National Parks and Wildlife Policy is to ensure proper conservation and management of wildlife resources, to provide for sustainable utilization and equitable access to the resources; and the sharing of benefits arising from the use of the resources for both present and future generations. One of the policy objectives is to ensure adequate protection of ecosystems and their biological diversity through promotion and adoption of appropriate land management practices that adhere to the principle of sustainable development. The National Water Development Programme will have to ensure that the development and use of the water resources meets the needs of the present generation and considers the needs of future generations. Fisheries Conservation and Management Act (1997)

The Fisheries Conservation and Management Act (FCMA) enacted in 1997, identifies issues which may have a bearing on NWDP such as: degradation of spawning grounds by siltation and changing water flow regimes; retention of the unique biodiversity of Lake Malawi and protection of pollution sources. The proposed project should take these issues into account to ensure that it does not adversely affect fish resources. This is critical especially with respect to the project activities in Mangochi and Liwonde.

Town and Country Planning Act 1988 The Town and Country Planning Act is a very important policy for managing land use in Malawi. The Act advocates regulation of developments with respect to location in order to ensure compatibility of land use components over a project area. The Act promotes protection and sustainable utilization of natural resources through optimal use of land and related service infrastructures. The Town and Country Planning Act should be the guiding principle to ensure that NWDP optimally utilizes and manages land resources and that the proposed development activities are compatible with the land use planning. 3.2 Relevant World Bank Safeguard Policies Compared with the National Legislation In order to understand relevance of policy issues of the Development Partners, such as the World Bank, that will be triggered by the National Water Development Programme, the World Bank’s


safeguard operational policies: “OP 4.01 Environmental Assessment”, “OP 4.12 Involuntary Resettlement”, and “OP 7.50 Projects on International Waterways” are the most relevant and applicable safeguard policy issues triggered. These policies are summarized and compared with national legislation in the sub-sections below: Environmental Assessment (Operational Policy 4.01) The objective of OP 4.01 is to ensure that World Bank-financed projects are environmentally sound and sustainable, and that decision-making is improved through appropriate analysis of actions and mitigation of their likely environmental impacts. This policy is triggered if a project is likely to have potential adverse environmental risks and impacts in its area of influence. The World Bank’s categorization of projects, with respect to significance of environmental impacts is as follows: (a) Category A: A proposed project is classified as Category A if it is likely to have significant adverse

environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. EA for a Category A project examines the project's potential negative and positive environmental impacts, compares them with those of feasible alternatives (including the "without project" situation), and recommends any measures needed to prevent, minimize, mitigate or compensate for adverse impacts and improve environmental performance. For a Category A project, the borrower is responsible for preparing a report, normally an EIA (or a suitably comprehensive or sectoral EA) that includes as necessary, elements of other elements such as environmental audits or hazard or risk assessments. (b) Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas - including wetlands, forests, grasslands, and other natural habitats - are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory measures can be designed more readily than for Category A projects. The scope of EA for a Category B project may vary from project to project, but it is narrower than that of Category A EA. Like Category A EA, it examines the project's potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. (c) Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project. (d) Category FI: A proposed project is classified as Category FI if it involves investment of World Bank funds through a financial intermediary, in subprojects that might result in adverse environmental impacts. A summary of the World Bank’s safeguard policies that are relevant to NWDP is provided in Annex 2.

The construction and rehabilitation of infrastructure under the NWDP, is likely to have environmental impacts, which require mitigation. Therefore, in line with the Operational Policy, this ESMF is prepared for screening of the NWDP project activities. Given that the NWDP has been classified as a Category B, the NWDP will not fund any investments that have been classified as Category A based on the screening results.


Involuntary Resettlement (Operational Policy 4.12)

The objective of OP 4.12 is to avoid or minimize involuntary resettlement where feasible by exploring all viable alternative project designs. OP 4.12 is intended to assist displaced persons in maintaining or improving their living standards. It encourages community participation in planning and implementing resettlement; and in providing assistance to affected people, regardless of the legality of title of the land they posses and has to be acquired for project activities. This policy is triggered not only if physical relocation occurs, but also by any loss of land resulting in: relocation or loss of shelter; loss of assets or access to assets; loss of income sources or means of livelihood, whether or not the affected people must move to another location. For NWDP, a Resettlement Policy Framework to guide land acquisition and resettlement has been prepared.

OP 7.50 Projects on International Waterways The objective of this policy is to ensure that World Bank-financed projects affecting international waterways would not affect: (i) relations between the World Bank and its borrowers and between states (whether members of the World Bank or not); and (ii) the efficient utilization and protection of international waterways. The same considerations are adopted for NWDP in consideration of all other Development Partners supporting NWDP that may be affected in like manner following the implementation of NWDP Projects. The policy applies to the following types of projects: (a) Hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial and similar projects that involve the use or potential pollution of international waterways; and (b) Detailed design and engineering studies of projects under (a) above, include those carried out by the Bank as executing agency or in any other capacity. This policy will be triggered if (a) any river, canal, lake or similar body of water that forms a boundary between, or any river or body of surface water that flows through two or more states, whether Bank members or not; (b) any tributary or other body of surface water that is a component of any waterway described under (a); and (c) any bay, gulf strait, or channel bounded by two or more states, or if within one state recognized as a necessary channel of communication between the open sea and other states, and any river flowing into such waters. The proposed project has carried out the notifications of its riparian states in consistence with this policy.


3.3 Gaps between World Bank Policies and the National Legislation Environmental Assessment

Both the Malawi legislation on EIA and the World Bank OP 4.01 - Environmental Assessment have provisions for conducting environmental impact assessment studies for projects that are likely to cause adverse environmental impacts. For the case of Malawi legislation, there is no provision for environmental screening of projects whose activities and locations are not known, while the World Bank undertakes environmental screening of each proposed project to determine the extent and type of environmental assessment. The Bank further classifies proposed projects into one of four categories, depending on the type, location, sensitivity, and scale of the project, and the nature and magnitude of its potential environmental impacts. By preparing this ESMF, the gap that exists for the projects whose activities and locations are not known is bridged. However, it is recommended that Malawi’s environmental legislation be revised to incorporate the screening process for project activities whose location and activities are not known.

Involuntary Resettlement

While the World Bank policy on involuntary resettlement requires the preparation of a Resettlement Policy Framework for projects that may result in relocation of people, the Malawi National Land Policy is not very clear on the procedures to be followed for cases requiring resettlement and compensation. As a result, resettlement and compensation has to be determined for each project, individually. This has the derogatory effect of always putting the displaced persons at a disadvantage. The preparation of the Resettlement Policy Framework bridges the gap and ensures that the project affected persons are adequately catered for and that their livelihoods are restored or improved in comparison with the original conditions. It is therefore recommended that the Ministry responsible for land matters should develop appropriate procedures to be followed when people have to be resettled and compensated.


CHAPTER FOUR: ENVIRONMENTAL AND SOCIAL IMPACTS 4.1 Description of Project Phases for Environmental Management The typical project activities to be implemented under each of the NWDP subcomponents are broadly categorized into the:

• planning and design, • construction and rehabilitation, • operation and maintenance and • decommissioning and closure phases

This has been done in order to identify some of the main potential and significant environmental and social components that would be impacted by the project activities of the nature proposed for NWDP. Each of the project phases listed above have environmental and social consequences on the different environmental components such as soils, water, air and the society. Table 4.1 below relates the four project phases to the environmental components. As can be seen from the table, most of the impacts will be felt during the construction and rehabilitation phases of the various project activities while fewer impacts will be felt during the operation and maintenance phases; and the least number of impacts will be experienced during the planning and design phase of project implementation.


Table 4.1: An Outline of Typical Project Activities and Examples of Potential Impacts of National Water Development Programme

ENVIRONMENTALCOMPONENTS

PROJECT ACTIVITIESG

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Loca

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Nat

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Exis

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PLANNING AND DESIGNMobilization of stakeholders XSite Identification X X X X X X XSurveying of the project site X X X X X X X X X X X XProject design X XCONSTRUCTION AND REHABILITATIONMobilization of resources X X X X X X X X X X XRehabilitation of intakes X X X X X X X X X X X X X X X XLand Clearing Activities X X X X X X X X X X X X X X XDiversion of rivers X X X X X X X X X X X X X X X X X X XAfforestation of selected catchment areas X X X X X X X X X X X X X X X X X XAcquire construction materials X X X X X X X X X X X X X X X X X X XRehabilitation of dams X X X X X X X X X X X X X X X X X X XConstruct access roads X X X X X X X X X X X X X X X XInstall water pipes X X X X X X X X X X X X X X X X X XInstall water tanks X X X X X X X X X X X X X X X X X X XDredge dams and intakes X X X X X X X X X X X X X X X X X


ENVIRONMENTALCOMPONENTS

PROJECT ACTIVITIES

Geo

logy

Soils

Topo

grap

hy

Surf

ace

wat

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Surf

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wat

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Flor

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Faun

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Noi

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tion

Cul

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itage

and

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mun

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Rur

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Cur

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land

use

Futu

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Loca

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Nat

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Exis

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Hea

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Construct intakes X X X X X X X X X X X X X X X X X X X XRehabilitate pipelines & Equipment X X X X X X X X X X X X X X X X XDemobilization X X X X X X X X X X X X X X X X

OPERATION & MTCEWater abstraction X X X X X X X X X X XWater supply X X X X X X X X X X X X X X XOperation of water points X X X X X X X X X X X X X X X

DECOMM. AND CLOSSUREClosure of quarries and borrow pits X X X X X X X X X X X X X X X

Notes: X indicates the component of the environment that the programme has potential impacts (may be negative or positive).

National Water Development Programme March 2011

34

4.2 Sources of Environmental and Social Impacts

The NWDP and related subcomponent activities will generate environmental and social impacts during implementation, operation as well as during decommissioning. This is because:

• the civil works for new structures will involve construction on virgin land thereby affecting the farmland, human settlement, forests, animals, and other natural resources;

• the rehabilitation works will require demolition of existing water supply infrastructure and generate rubble and waste that will need to be disposed of properly;

• both the new and the rehabilitation civil works may require new land for storage/distribution tanks, booster stations, pipelines and for construction of temporary structures;

• additional water abstraction resulting in changes in ground and surface water regimes, both inside and outside the project impact areas;

• additional use of water resources will result in the increase in waste water generation; • water supply activities and other civil works may cause water stagnation and sanitation problems; • the provision of water supply in unplanned areas may result in increase of unplanned settlements; • the increase in numbers of people within the project areas will result in depletion of natural

resources, pollution of water and degradation of soils. Consequently, several environmental components will be affected in one way or another by such activities and;

• the increase in interaction of different types of people will result in social and health problems arising from high pressure on social and health services such as medical and educational services.

During field investigations and public consultations stakeholders identified key potential impacts that are likely to be generated by the project activities. Table 4.2 below contains the potential impacts to be generated by the NWDP II, as perceived by the key stakeholders. These perceived impacts, together with the social and environmental safeguard’s consultant professional experience and judgment, had been used to develop the generic environmental management plan given in Table 6.1 In addition to identifying the environmental and social impacts, the stakeholders expressed their views in general, about the project as indicated below:

• The NWDP will play a very important role in improving the people’s livelihoods. Therefore the project is very welcome and it is well overdue;

• In general, those consulted were of the view that positive social and environmental impacts of the NWDP will be many and that these will greatly outweigh the negative social and environmental impacts;

• Some of the institutions consulted indicated the need to incorporate full cost recovery mechanisms into the programme operation stage and to fully involve the private sector in the water services operation and management;

• Public awareness campaigns should be carried out for the beneficiary communities to sensitise them on general environmental and social management practices;

• As much as possible the programme should encourage the use of environmentally friendly technologies and the Government should provide incentive measures to promote the use of these technologies;


35

• Effective monitoring of environmental and social management plans has to be put in place;

• Deliberate efforts should be made to encourage maximum participation of women in all stages of project planning and design, implementation and operation and;

• The project should strive to use existing local community structures in the management and administration of the ESMF, in order to promote ownership and sustainability of the environmental management plans.

Below is a summary of the positive and negative impacts as perceived by stakeholders in the project impact areas. Positive Impacts

• increased and improved access to portable water • more people to benefit from improved water supply • Creation of employment opportunities • Increased development • Improved water quality due to water resources management • Improved tourism • Reduction in time spent fetching water • Promotion of fisheries • Improved water sanitation resulting in reduction of water related diseases • Opening up of small businesses • Improved health status due to improved water supply

Negative Impacts

• Increased deforestation during the construction stage • Increased generation of both liquid and solid waste • Loss of farmland • Disturbance livelihoods • Soil erosion • Population influx leading to dilution of culture e.g. through intermarriages • Disturbance of families due to displacement • Loss of biodiversity • Increased spread of sexually transmitted infections and HIV and AIDS • Opening of borrow pits • Increased squatter / illegal settlements • Destruction / disturbance of existing infrastructure and services due to excavation


36

CHAPTER FIVE: THE SCREENING PROCESS FOR PROJECT SITES AND ACTIVITIES 5.1 Introduction to the Screening Process The key to environmental management is the environmental and social screening process, which may or may not result in the preparation of a full EIA report. The screening process presented here follows OP 4.01 of the World Bank because Malawi does not yet have such a screening process. The screening process will be carried out at the specific project sites once identified for NWDP. The environmental and social screening process is necessary for the review and approval of the engineering plans for the development of new and rehabilitation of existing water supply facilities. The objectives of the screening process are to:

a) determine which construction and rehabilitation activities are likely to have potential negative environmental and social impacts;

b) determine the level of environmental work required, including whether an EIA is required or not;

c) determine appropriate mitigation measures for addressing adverse impacts;

d) incorporate mitigation measures into the development plans;

e) indicate the need for a Resettlement Action Plan (RAP), which would be prepared in line with the Resettlement Policy Framework (RPF), prepared for NWDP;

f) facilitate the review and approval of the construction and rehabilitation proposals and;

g) provide guidelines for monitoring environmental parameters during the construction, rehabilitation, operation and maintenance of the infrastructure facilities and related project activities.

The extent of environmental work that might be required, prior to the commencement of construction and rehabilitation of NWDP facilities will depend on the outcome of the screening process described in sections 5.2 to 5.5 (steps 1-4).

5.2 Step 1: Screening of Project Activities and Sites Malawi’s Guidelines for EIA, 1997 provide for categorization of projects into either List A or List B depending on the size, nature and perceived environmental consequences of a project. Where it is clear that project activities fall under List A of the Guidelines, an EIA shall be carried out. The screening process will be used to determine the size, nature and perceived environmental impacts of project activities of NWDP. The screening form (Annex 1) will be completed by personnel trained and qualified in the implementation of the screening process. The screening form, when correctly completed, will facilitate the:

• identification of potential environmental and social impacts; • determination of their significance; • assignment of the appropriate environmental category;


37

• determination of appropriate environmental mitigation measures and; • need to conduct an EIA and or to prepare Resettlement Action Plans (RAPs) where required.

Since the administrative structures for the City/Town and District Assemblies are different, two screening flow charts are proposed as follows:

5.2.1 Screening of Project Activities and sites within the District Assemblies For the District Administrative structure, the screening process will be conducted in the following manner (see Chart 5.1):

Preparation activities for the screening process will include a desk appraisal of the construction and rehabilitation plans for water supply and sanitation facilities and related infrastructure. This will be carried out by the District Environmental Sub-committee (DESC) and Area Executive Committee (AEC). The DESC is the environmental sub-committee of the District Executive Committee (DEC) and AEC is the local (village level) administrative sub-committee of DEC. The DEC reports to the District Assembly.

Subsequent to the desk appraisal of the construction and rehabilitation plans, the initial screening of the proposed project activities will be carried in the field, through the use of the Environmental and Social Screening Form, Annex 1(a), by the AEC and DESC, which includes the District Environmental Officer.

5.2.2 Screening of Project Activities and sites within City or Town Assemblies At the City or Town Assembly, the process will be done in a similar manner to that of Section 5.2.1, except that the Water Boards, with the assistance of the EDO will perform the roles of AEC and DESC; while the Town and Country Planning Committee (TCPC) will perform the roles of the DEC. Chart 5.2 outline the details of the screening process for the City and Town Assembly 5.3 Step 2: Assigning the Appropriate Environmental Categories The environmental and social screening form, when completed, will provide information on the assignment of the appropriate environmental category to a particular activity for construction of new facilities or rehabilitation of existing structures. The TCPC (for Town or City Assembly); or the DEC (for the District Assembly) will be responsible for categorizing a construction or rehabilitation activity as either A, B1, B2, or C. Category A project activities would have comprehensive, broad and long term impacts and therefore would require an EIA. Category B projects are those where few of the impacts are irreversible and therefore may need some limited EIA study; and Category C usually have no significant negative impacts and therefore would not require any additional environmental work.. The assignment of the appropriate environmental category will be based on the provisions of the World Bank Operational Policy (OP 4.01), on Environmental Assessment. Consistent with this Operational Policy,


38

most construction and rehabilitation activities under NWDP are likely to be categorized as B1/B2. Some rehabilitation activities such as painting of water storage structures might be categorized as “C” if the environmental and social screening results indicate that such activities will have no significant environmental and social impacts. Thus, if the screening form has ONLY “No” entries, the proposed activity will not require further environmental work, and the TCPC or DEC will recommend approval of the screening results to the City/Town or District Assembly respectively, for implementation of the project activity to proceed immediately. The environmental category “A” (significant, irreversible impacts) will not apply to the construction of new; and rehabilitation of existing facilities to be funded for NWDP and no category “A” project activities will be funded under NWDP. However, TCPC or DEC will have to pay particular attention to proposals involving the construction of new facilities such as new water intakes, water storage tanks, new pipelines and related infrastructure, new sanitation facilities and new borrow pits as sources of construction materials. In the event that Resettlement Action Plans (RAPs) will have to be prepared for NWDP activities, these would be reviewed and approved by the Commissioner for Lands, consistent with the Resettlement Policy Framework; as well as the World Bank OP 4.12, prior to payment of compensation and commencement of project activities. For other World Bank Operational Policies that are relevant to the preparation of this ESMF refer to Annex 2 5.4 Step 3: Carrying out Environmental Work After reviewing the information provided in the environmental and social screening form and having determined the appropriate environmental category, the TCPC or DEC will determine whether (a) the application of simple mitigation measures outlined in the Environmental and Social Checklist will suffice; or whether (b) a comprehensive EIA will need to be carried out using the Malawi EIA guidelines whose process is given in Annex 3. 5.4.1 Environmental and Social Checklist: The Environmental Checklist in Annex 1(b) will be completed by qualified members of the TCPC or DEC. Some of the activities categorized as B (which may not require EIA) might benefit from the application of mitigation measures outlined in the checklist. In situations where the screening process identifies the need for land acquisition, a RAP shall be prepared consistent with OP 4.12. If there are already existing standard designs, the TCPC or DEC will assess them for impacts on the chosen site and the community; and recommend modification of the designs to include appropriate mitigation measures. For example, if the environmental screening process identifies loss of fertile agricultural fields as the main impact from the construction of a water storage reservoir, the mitigation measure would be for the TCPC or DEC to choose a site further away from the fertile gardens so that the livelihood systems are maintained. 5.4.2 Environmental Impact Assessment (EIA) The EIA will identify and assess the potential environmental impacts of the proposed construction activities, evaluate alternatives, as well as design and implement appropriate mitigation, management and monitoring measures. These measures will be captured in the Environmental Management Plan (EMP) which will be prepared as part of the EIA report for each sub-project. A typical Environmental Management Plan for NWDP works is included in Table 6.1.


39

Where appropriate and where required, preparation of the EIA, the EMP and the RAP will be carried out in consultation with the relevant stakeholders, including potentially affected persons. The TCPC or DEC, in close consultation with the Environmental Affairs Department and on behalf of the City or District Assembly respectively, will arrange for the (i) preparation of EIA terms of reference, whose format is provided in Annex 4; (ii) recruitment of a consultant to carry out the EIA; (iii) public consultations; and (iv) review and approval of the EIA through the national EIA approval process. The general EIA process in Malawi as provided for in the Malawi EIA guidelines is presented In Annex 3 and the procedures for EIA preparation are presented in Annex 5

5.5 Step 4: Review and Approval of the Screening Activities & EIAs 5.5.1 Review The TCPC or DEC will review the results and recommendations presented in the environmental and social screening forms; and the proposed mitigation measures presented in the environmental and social checklists. Where an EIA has been carried out for Category B2 projects, EAD will review the reports to ensure that all environmental and social impacts have been identified and that effective mitigation measures have been proposed. It has to be understood that NWDP cannot finance any sub-projects that have been categorized as “A” because NWDP has been categorized as “B”. Thus projects that would be on Malawi’s List “A” would not be funded under this project. 5.5.2 Recommendation for Approval and Disapproval Based on the results of the above review process, and discussions with the relevant stakeholders and potentially affected persons, the TCPC or DEC, in case of projects that don’t require EIA will make recommendations to the City/Town or District Assemblies to go ahead with the project implementation. Where an EIA is required the City/Town or District Assemblies will recommend to NWDP and EAD for the EIA study. After preparation of the EIA report, EAD will recommend to the National Council on Environment (NCE) for its approval. 5.5.3 Endorsement Subsequently, NCE will forward its recommendations to the Minister responsible for environmental affairs for endorsement. The corresponding RAPs would be reviewed and approved by the Ministry responsible for Lands, Housing, and Physical Planning. 5.5.4 Training for the Screening Process To ensure that the screening form is completed correctly for the various project locations and activities, training will be provided to members of the TCPC, DEC including its DESC and Area Executive Committee AEC. The Environmental Officer who is responsible for environmental matters of the City Assemblies and the Environmental District Office who is the secretariat to the DESC will have to take a leading role in the training issues.


40

5.6 Public Consultation and Disclosure According to Malawi’s Guidelines for EIA (1997), public consultations are an integral component of the EIA requirements, and the Guidelines identify the following principal elements:

a. developers are required to conduct public consultation during the preparation of Project Briefs and EIAs;

b. the Director of Environmental Affairs may, on the advice of the Technical Committee on Environment (TCE), conduct his or her own public consultation to verify the works of a developer;

c. formal EIA documents are made available for public review and comments. Documents to which the public has access include Project Briefs, EIA terms of reference, draft and final EIA reports, and decisions of the Director of Environmental Affairs regarding project approval. The Director, on the advice of the TCE, will develop practices and procedures for making these documents available to the public. It is very unusual that an EIA will need to contain proprietary or market-sensitive information (i.e. technological, financial) which a developer would prefer to remain confidential. Unless public knowledge of such information is crucial to project review, and as provided under Section 25(5) of the EMA, the Director will comply with requests that such information does not appear in an EIA and;

d. certificates approving projects will be published by the developer and displayed for public inspection.

Public consultations are critical in preparing an effective proposal for the construction and rehabilitation of the project activities. These consultations should identify key issues and determine how the concerns of all parties will be addressed in response to the terms of reference for the EIA, which might be carried out for construction and rehabilitation proposals. Annex G of the Guidelines for EIA (1997) provides details concerning the public consultation methods in Malawi. Such methods include press conferences, information notices, brochures/fliers, interviews, questionnaires and polls, open houses, community meetings, advisory committees, and public hearings. The guidelines for public consultation include, among others, a requirement that major elements of the consultation program should be timed to coincide with significant planning and decision-making activities in the project cycle. In terms of the Malawi’s EIA process, public consultation should be undertaken during (i) the preparation of the EIA terms of reference; (ii) the carrying out of an EIA; (iii) Government review of an EIA report; and (iv) the preparation of environmental terms and conditions of approval. Further details are provided in Annex G of the Malawi’s Guidelines for EIA. For NWDP, the first step will be to hold public consultations with the local communities and all other interested/affected parties during the screening process. These consultations will be aimed at briefing the communities about the project activities, how the activities will be carried out and what sectors of the environment are likely to be impacted. The Area AEC, with the assistance of the Local Leaders, will conduct these public consultations in a participatory manner to encourage the communities to contribute to the screening process. During preparation of the Terms of Reference for an EIA, City/Town or District Assemblies (or a consultant) will consult with the Environmental Affairs Department to ensure that the TORs are comprehensive enough to cover all the sectors of the environment and that they conform to the EIA procedures as outlined in the


41

EIA Guidelines. The EAD will also ensure that the social and health impacts of the project activities will be adequately covered in the EIA report. In the course of preparing the EIA the consultant will conduct extensive public consultations to attract and capture comments from the stakeholders as well as the communities for incorporation in the EIA report. The stakeholders and communities, including institutions will be asked to contribute to the identification of impacts and to proposed mitigation measures for the negative impacts. They will also be asked to comment on how the positive impacts may be enhanced. When reviewing the EIA report, the TCE will ensure that the relevant stakeholders, including potentially affected persons, were adequately consulted with regard to the potential impacts of the proposed construction and rehabilitation of the water supply facilities and related project activities. Consultation methods suitable in for NWDP would include workshops, community meetings, public hearings or information notices which would be organized through the Office of the Chief Executive in the case of a city or District Commissioner for the District Assembly. This ESMF has been prepared through public consultations involving the communities in the proposed project areas, Local Leaders, City and District Assembly Officials, water consumers and key Government institutions. Copies of this ESMF will be made available to the public through the above channels of communication and in the same manner, EIA results would be communicated to the various stakeholders. To meet the consultation and disclosure requirements, the Malawi Government will issue a disclosure letter to inform the Development Partners of (i) the Government’s approval of the ESMF and the RPF; (ii) the actual disclosure of these documents to all relevant stakeholders and potentially affected persons in Malawi, and (iii) the Government’s authorization to the respective Development Partners to disclose these documents in their official publications, such as the World Bank’s Info Shop in Washington DC in the case of the World Bank. The steps towards disclosure of the safeguard documents have to be completed prior to appraisal of the NWDP Projects as required by the respective Development Partners, such as the World Bank’s Disclosure Policy OP 17.50.


CHART 5.1: FLOW CHART FOR THE ENVIRONMENTAL SCREENING AND APPROVAL PROCESS FOR DISTRICT ASSEMBLY

STEP 1 (contd.): AEC & DESCAssignment of appropriate environmentalcategory, based on Environmental and Socialscreening forms and World Bank OP 4.01• Proposal of mitigation measures• Determination of the need for EIA• Determination of the need for RAPs

STEPS: 2&3• Make recommendations to DESC (category C projects and projects

with approved EIAs and RAPs)

• Review the recommendations in the screening form• Review the proposed mitigation measures from screening forms• Conduct public hearing

D E C

• Make recommendations for limited EIA and RAPs (category B)

EAD, & DEC, LANDS & SectoralStakeholders

Monitoring:-Construction techniques.-Inclusion of Env. Design features etc.

NWDP

• Preparation of EIAs• Preparation of RAPs• Seek Endorsement of the WB on EIAs

approved by EAD• Seek Endorsement of the WB on RAPs

approved s by LANDS

LEGENDCA: City AssemblyEAD: Environmental Affairs DepartmentTCPC: Town & Country Planning CommitteeDEC: District Executive CommitteeDESC: District Environmental Sub- CommitteeEIA: Environmental Impact AssessmentRAP: Resettlement Action PlanRPF: Resettlement Policy FrameworkTCPC: Town & Country Planning CommitteeWB: Water Boards

STEP 1: AEC & DESCScreening of Project activitiesand sites(To be based on checklist andscreening form)• Desk appraisal of the

construction andrehabilitation plans

• Identification ofEnvironmental and socialimpacts

• Determination ofsignificance of impacts

EAD & COMMISSIONER FOR LANDS(Category B, limited EIA)

• Ask for EIAs (EAD)• Review and approve EIAs(EAD)

• Ask for RAPs (LANDS)• Approve RAPS (LANDS)

(Ref. List A of Malawi EIA Guidelines and WorldBank OP. 4.01)

DISTRICT ASSEMBLY

Approve projects

NWDPProjectimplementation


CHART 5.2: FLOW CHART FOR THE ENVIRONMENTAL SCREENING AND APPROVAL PROCESS FOR TOWN AND CITY ASSEMBLY


STEP 1 (contd.): WATER BOARDSAssignment of appropriate environmentalcategory, based on Environmental and Socialscreening forms and World Bank OP 4.01• Proposal of mitigation measures• Determination of the need for EIA• Determination of the need for RAPs

STEPS: 2&3• Make recommendations to DESC (category C projects and projects with

approved EIAs and RAPs)

• Review the recommendations in the screening form• Review the proposed mitigation measures from screening forms• Conduct public hearing

TCPC

• Make recommendations for limited EIA and RAPs (category B)

EAD, & DEC, LANDS & SectoralStakeholders

Monitoring:-Construction techniques.-Inclusion of Env. Design features etc.

NWDP

• Preparation of EIAs• Preparation of RAPs• Seek Endorsement of the WB on EIAs

approved by EAD• Seek Endorsement of the WB on RAPs

approved s by LANDS

LEGENDCA: City AssemblyEAD: Environmental Affairs DepartmentE&SSC: Environ. &Social Safeguard CommitteeTCPC: Town & Country Planning CommitteeDEC: District Executive CommitteeDESC: District Environmental Sub- CommitteeEIA: Environmental Impact AssessmentRAP: Resettlement Action PlanRPF: Resettlement Policy FrameworkWB: Water Board

STEP 1: WATERBOARDS

Screening of Project activitiesand sites(To be based on checklist andscreening form)• Desk appraisal of the

construction andrehabilitation plans

• Identification ofEnvironmental and socialimpacts

• Determination ofi ifi f i

EAD & COMMISSIONER FOR LANDS(Category B, limited EIA)

• Ask for EIAs (EAD)• Review and approve EIAs(EAD)

• Ask for RAPs (LANDS)• Approve RAPS (LANDS)

(Ref. List A of Malawi EIA Guidelines and WorldBank OP. 4.01)

TOWN or CITY ASSEMBLY

Approve projects

NWDPProjectimplementation


45

CHAPTER SIX: ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS 6.1 Environmental Management Plan The purpose of the Environmental Management Plan (EMP) is to ensure that the identified environmental and social impacts are mitigated, controlled or eliminated through planned activities to be implemented throughout NWDP life. The EMP also provides opportunities for the enhancement of positive impacts. The EMP:

a lists the potential environmental impacts; b provides the mitigation/enhancement measures against each impact; c assigns the responsible institutions to carry out the mitigation measures; d proposes dates by or during which the mitigation measures must be carried out and; e gives an estimate of the cost for implementing the mitigation measures

For this ESMF it is not possible to provide the cost of implementing mitigation measures because the project activities and locations are not known. Therefore there are no estimated costs provided for the implementation of proposed mitigation measures in Table 6.1 For NWDP, the EMP and its implementation will have to be designed to suit specific project activities on the specific sites, once these details are available. In this regard, Table 6.1 should be considered as the main frame to guide the prediction of specific potential impacts of NWDP activities. The generic or typical environmental impacts in Table 6.1 were derived from the field investigations, public consultations and professional judgment, with respect to NWDP activities. The list of impacts is by no means exhaustive. Once the specific EMP has been designed for NWDP activities, a certain amount of flexibility should be allowed to optimize its implementation and to take into account any future changes or modifications made on the design and implementation of the project activities.


Table 6.1: Typical Environmental Management and Monitoring Plan

NEGATIVE IMPACTS1.0 IMPACTS DURING PLANNING DESIGNING & CONSTRUCTION

ENVORONMENTAL MANAGEMENT ENVIRONMENTAL MONITORING

ITEMNO.

POTENTIALENVIRONMENTAL/SOCIAL IMPACT

PROPOSED CONTROL /MITIGATION MEASURES AND

TIMING

RESPONSIBLEINSTITUTION INSTITUTION/INDICATORS

FREQUENCY/TIMEAND COST

1.1 Disturbance of personsor families

• Avoid displacement of peopleand affecting their livelihoods

During planning and design

• Resettle the PAPs (whereunavoidable) in accordancewith RFP and RAPs

Before civil works begin

• Compensate PAPs adequatelyBefore civil works begin

ConsultantNWDP

NWDP

NWDP

DEC, TCPC, Ministry ofLands, Physical Planningand Surveys, EADApproved plans

DEC, TCPC, Ministry ofLands, Physical Planningand Surveys, EADPercentage of PAPsadequately resettled

DEC, TCPC, Ministry ofLands, Physical Planningand Surveys, EAD,Percentage of PAPsadequately compensated andresettled

Before approval ofdesigns

Monthly before civilworks begin

Monthly before civilworks begin

K50,000/month


1.2 Disruption ofinfrastructure facilitiesand services

• Avoid displacement of peopleand affecting their livelihoods


• Avoid areas with existingservices

During planning, design andconstruction

• Adequately compensate forthe affected infrastructurefacilities and services

Before civil works begin

ContractorConsultantAEC


NWDPAEC

Ministry of Lands, PhysicalPlanning and Surveys, DECand EAD, TCPCNumber of complaints

Ministry of Lands, PhysicalPlanning and Surveys, EAD,DEC, TCPCNumber of complaints onservices disruption

Ministry of Lands, PhysicalPlanning and Surveys, EAD,DEC, TCPCPercentage of facilities andservices compensated for

Once every monthduring design &construction



K40,000/month1.3 Loss of farmland, other

assets or impact onlivelihood

• Avoid cultivated areas andfixed assets


• Compensate adequately in linewith RPF

Before resettlement


NWDPAEC

EAD, DEC, Ministry ofLands, Physical Planningand Surveys, TCPC

EAD, DEC, TCPC, Ministryof Lands, Physical Planningand Surveys• Number of complaints• Percentage of affected

farmland compensatedfor

Monthly duringconstruction

Monthly beforecommencement ofcivil works

K30,000/month1.4 Population influx

(which may lead todilution of culture,increase in theft and

• Recruit locals as much aspossible

Throughout project life

ContractorConsultant

NWDP, DEC, TCPCPercentage of localsemployed

Every month duringconstruction


reduction of farm landetc.)

• Sensitize communities onimpacts of population influx

Before and during construction


NWDP II, DEC, TCPCNumber of sensitizationmeetings held

Twice during planningand designOnce annually duringproject lifeK30,000/month

1.5 Increased solid wastegeneration

• Provide appropriate solidwaste disposal facilities

Contractor EAD, City/Town/DistrictAssembly


1.6 Increaseddeforestation

• Avoid removal of treesDuring planning, design andconstruction

• Afforestate with appropriatetree species

During construction

• Provide alternative fuelsources


• Sensitise communities andworkers against deforestation




NWDPAEC

ConsultantContractorAEC

EAD, DEC, TCPC,Department of ForestryPercentage of trees notremoved

EAD, DEC, TCPCDepartment of ForestryNumber of trees planted

Department of Energy, DEC,TCPCNumber of people usingalternative sources of energy

EAD, DEC, TCPC,Department of ForestryNumber of sensitisationmeetings held


Annually

Quarterly throughoutthe project period

Twice during planningand designOnce annually duringproject lifeK50,000/year

1.7 Water pollution fromoils

• Proper and regularmaintenance of vehicles

During construction andoperation


NWDP II, DEC, TCPCVehicle maintenancefrequency

Once every monthduring construction


• Construction and operation ofoil interceptor for workshopwastewater

During design and duringconstruction

• Design and construction ofbund walls around fuel/oilstorage tanks

During design and duringconstruction

ContractorConsultantWater Boards


EAD, MoIWD, DEC, TCPCOil interceptor constructed

EAD, MoIWD, DEC, TCPCBund walls constructed

• Once duringdesign

• Once duringconstruction

• Quarterly duringoperation

• Once duringdesign

• Once duringconstruction

K40,000/year

1.8 Soil Erosion • Limit movement of vehiclesand construction area.

During construction

• Compact loose materialDuring construction

• Provide and use approvedstorm water drainage

During design and construction




NWDP, EAD, DEC, TCPC• Proper site and

construction management• Adherence to Approved

design plans

NWDP, EAD, DEC, TCPCProper site and constructionmanagement

NWDP, EAD, DEC, TCPCDrainage systemsconstructed and operatingaccording to design




K40,000/month


1.9 Water Siltation • Limit movement of vehiclesand area of construction.

During construction

• Compact loose materialDuring construction

• Provide and maintain stormwater drainageDuring construction




NWDP, EAD, DEC, TCPC• Proper site and

construction management• Adherence to Approved

design plans• Planning for construction

vehicle movement

NWDP, EAD, DEC, TCPC

• Approved site andconstruction management

NWDP, EAD, DEC, TCPCDrainage systemsconstructed according todesign




K30,000/month1.10 Poisoning from

asbestos waste (pipes)• Count and record cases of

asbestos disposal

• Follow appropriate health andsafety precautionsDuring construction andmaintenance



Contractor

EAD, DEC, Poisons Board,TCPC

EAD, Ministry of Labourand Vocational Training,DEC, TCPCPresence of and adherenceto safety regulations

NWDP, EAD, DEC, TCPC

Monthly duringconstruction andrehabilitation


Monthly during


• Disposal of old asbestos pipesas recommended by expertsDuring rehabilitation

Consultant Number of incidences ofcareless use and disposal ofold asbestos pipes

construction

K20,000/month1.11 Loss of biodiversity

and greenery beauty.• Avoid removal of trees and

replace where removedDuring construction

• Limit construction areaDuring construction

• Re-vegetation with indigenousspecies



ContractorAEC

National Herbarium &Botanic Gardens of Malawi,Dept. of Parks & Wildlife,DEC, TCPCNumber of trees cut

NWDP, EAD, DEC, TCPCArea of land cleared

NWDP, EAD, DEC, TCPCNumber of species planted



Monthly duringconstructionK40,000/month

1.12 Increased waterrelated disease-causing vector

• Install aprons, drains andsoak ways

During construction


NWDP, EAD, DEC, TCPCNumber of drains installedagainst designed

Quarterly duringconstruction

$2500/quarter1.13 Work related accidents • Restrict pedestal movement

on sitesDuring construction

• Install and maintain roadsigns

During construction



Ministry of Labour andVocational Training, EAD,DEC, TCPC, Local LeadersNumber of trespasserscaught

NWDP, DEC, EAD, TCPCNumber of road signs erectedin appropriate places




• Create prior awareness ofcauses of accidents caused byconstruction activities


• Provide appropriate protectiveclothing

During construction andoperation

ContractorDEC AEC, LocalLeaders

ContractorWater Boards

TCPC, DEC, EAD, TCPCNumber of awarenesscampaigns

NWDP, DEC, EAD, TCPC,Ministry of Labour &Vocational Training,Number of people wearingprotective clothing



K20,000/quarter2.0 IMPACTS DURING OPERATION

2.1 Increased generationof wastewater

• Sensitise communities onwater conservation measures

• Maintain efficient operationto avoid water wastage

ConsultantContractorNWDPWater BoardsAEC

Water Boards

MoIWD, DEC, TCPCAmount of water consumedagainst expected levels

MoIWD, DEC, TCPC, NWDPAmount of water consumedagainst production

Quarterly throughoutoperation period


K40,000/quarter2.2 Increased solid waste

generation• Provide appropriate solid

waste disposal facilitiesContractor EAD, City/Town/District

AssemblyMonthly duringconstruction


2.3 Disruption of waterflow to downstreamusers

• Maintain environmental flow

• Control water abstractionlevels

• Promote water conservationmeasures

Water BoardsAEC

Water BoardsAEC

Water BoardsNWDPEAC

MoIWD, DEC, TCPCComplaints against wateravailability to other users

MoIWD, NWDP, DEC, TCPCAmount of water abstractedagainst water consumed

MoIWD, DEC, TCPCAmount of water consumedagainst production



Quarterly throughoutoperation periodK40,000/quarter

2.4 Depletion of waterresources

• Control water abstractionlevels

• Promote water conservation

Water BoardsNWDP

Water BoardsNWDP





K30,000/quarter2.5 Work related accidents • Prohibit unauthorised

movement on sites

• Install and maintain road signs

Water BoardsAEC

Water Boards

NWDP, DEC, TCPCNumber of trespasserscaught

NWDP, Ministry of Labourand Vocational Training,EAD, TCPCNumber of road signs erected




• Provide protective clothing Water Boards

in appropriate places

EAD, Ministry of Labour &Vocational Training,NWDPNumber of people wearingprotective clothing


K30,000/quarter2.6 Increased water

related disease-vectors

• Conduct health and hygieneeducation

Water BoardsAEC

NWDP, Ministry of Health &Population, DEC, TCPCNumber of hygiene educationsessions conducted

Quarterly duringoperation

K20,000/quarter2.7 Occupational diseases • Sensitize workers on

safety and healthmeasures

• Provide protective clothingand equipment

• Provide regular medicalcheck up

Water BoardsAEC

Water Boards

Water BoardsMinistry of Health &Pop. Services

EAD, Ministry of Labour &Vocational Training,Number of sensitizationmeetings conducted

EAD, Ministry of Labour &Vocational Training,NWDPNumber of people wearingprotective clothing

EAD, Ministry of Labour &Vocational Training,Number of people with healthcertification

Every six monthsduring operation




• Develop and implement anappropriate OH&S policy

Water BoardsMinistry of Labour &Vocational Training, EADOH&S policy in place andused


K30,000/every sixmonths

2.8 Increased incidencesof malaria and otherwater-related diseases

• Conduct hygiene education Water BoardsAEC

Ministry of health & Pop.Services, NWDP, DEC,TCPC

Number of sensitisationmeetings

Every year duringoperation

K50,000/year

2.9 Increase in spread ofSTI’s and HIV andAIDS

• Provide HIV/AIDS and healthawareness education

Water BoardsAEC

National AIDS CommissionEAD, NWDP, DEC, TCPCMinistry of Health & Pop.ServicesNumber of cases of infectedpersons


K30,000/six months3.0 IMPACTS FROM DECOMMISSIONING ATIVITIES

3.1 Nuisance -Regulate traffic speed andmovement. Apply daily watersprays to suppress dust.

Contractor/Consultant

ROAD TRAFFIC DEPTEADNumber of complaints on dust

Monthly during theentire period ofconstruction

3.2 Disruption of surfacewater flow

-Maintain clean storm waterdiversions around large pits andexcavations-Backfill all voids where possibleand reinstate water courses

Contractor Consultant, EADNumber of complaints againstwater intrusion

Monthly during thefirst rainy seasonafterdecommissioning


around the sites

3.3 Decreasedemployment levelsleading to vandalism ofproject facilities

-Pay terminal benefits whereappropriate-Provide awareness andcounselling for retrenchmentconsequences-Hold meetings with localcommunities to discussdecommissioning and closureissues

Contractor / ISP/LocalLeaders

NWDP

Number unemployedNumber of complaints onvandalism

Ongoing

K40,000/mth


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6.2 Environmental Monitoring Environmental monitoring needs to be carried out during the construction and rehabilitation of the water supply and sanitation facilities, as well as during their operation and maintenance. Table 6.1 gives the proposed monitoring institutions, monitoring indicators, monitoring frequency and the estimated costs for implementing the environmental monitoring plan for NWDP. In some cases, it may be appropriate to draw up an environmental monitoring plan separately from the environmental management plan. Where this arrangement is more convenient than the combined management and monitoring plan, the key elements of the monitoring table will be the same as those proposed in Table 6.1. The following monitoring arrangements for NWDP are proposed.

6.2.1 Rehabilitation of Existing and Construction of New Structures and other Project Activities It is envisaged that proposed NWDP will construct and rehabilitate several water facilities in the proposed project sites. Therefore, environmental monitoring will take place at the community level in the respective areas. During the rehabilitation of the existing water supply structures, members of the Village Development Committees and District Executive Committees will be responsible for the monitoring of:

a) Construction techniques and inclusion of environmental design features as required in the architectural plans;

b) Provisions for traffic safety, reduction of noise and dust levels; c) Construction of on-site waste management, proper storage of construction materials, sanitation,

solid waste disposal, waste water disposal and; d) Implementation of plans for the restoration of the construction sites, once the

construction/rehabilitation works have been completed. Area Executive Committees shall support the village level committees at all stages of the work including monitoring.

To ensure proper operation and maintenance of the water supply and sanitation facilities in an environmentally friendly manner, the Area Executive Committee within the proposed sites will appoint a monitoring committee. The Office of the Controller of Lands, in the Ministry of Lands, Physical Planning and Surveys will be responsible for monitoring implementation of the RAPs and ARAPs. 6.3 Monitoring Indicators In order to be able to assess the environmental and social effectiveness of the proposed construction and rehabilitation of the water and sanitation facilities and their subsequent operation and maintenance, the following monitoring indicators are proposed:


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Table 6.2: Some of the key monitoring indicators Component of the Project Some of the Proposed Indicators for Selected Activities

Land acquisition and Resettlement of people from the project site

• Hectarage of land acquired • Type and amount of assets lost • Number of persons expressing willingness to relocate • Number of persons compensated and relocated. • Number of land use conflicts in course of projects • Number of cultural heritage and sites affected

Construction works/Rehabilitation works

• Hectarage of land/forest clearance • Area of infrastructure constructed/rehabilitated. • Number of borrow pits created • Number of pit latrines for excreta disposal for workers • Number of complaints against character and behaviour of

construction workers • Number of complaints against quality of construction materials • Number of road by-passes provided • Number of complaints on inconveniences caused by the

construction works (complaints against dust, access, noise, water contamination etc)

• Number of complaints against drainage works • Number of complaints against power supply disruptions • Number of complaints against water supply disruptions • Number of complaints against telecommunication disruptions • Number of cultural heritage and sites affected • Number of people infected with STIs • Number of accidents • Number of cases contravening health and safety procedures • Number of people employed from surrounding community • Number of disposal sites

Operational and maintenance of projects

• Number of complaints against poor workmanship and quality of construction materials for roads

• Number of conflicts of rights to land and water • Water abstraction permits • Quality of water discharged from the schemes and dams. • Sanitation around water points • Number employment opportunities for locals • Number of pit latrines for excreta disposal for workers • Number people/committees who/which attended HIV/AIDS

awareness, environmental management training • Number of cases contravening health and safety procedures

Decommissioning • Number of sites that are restored to original or better state in terms of environmental degradation.

• Value of land after decommissioning of project activities


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6.2 Environmental Guidelines for the Contractor The NWDP will have significant construction activities for its various project components. The contractor therefore, should make every effort to ensure that the mitigation measures outlined in the Environmental Management Plans, the Resettlement Action Plans and the Abbreviated Resettlement Action Plans are fully implemented as appropriate. The contractor shall ensure that the acquisition, transportation and storage of construction materials; and the disposal of construction wastes are done in an environmentally friendly manner. Where necessary, the contractor shall seek the advice and assistance of the relevant authority and specialists for handling and disposal of hazardous wastes including asbestos pipes. Annex 6 provides environmental guidelines for the contractors to be engaged for NWDP activities.


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CHAPTER SEVEN: IMPLEMENTATION ARRANGEMENTS FOR THE ESMF 7.1 Definition of Roles and Responsibilities

The successful implementation of the ESMF, the EMP and the monitoring plans will require input, expertise and resources from all the key stakeholders including the NWDP’s participating institutions. It will also require the participation and involvement of the local communities and the Local Leaders. Therefore these key stakeholders would need to collaborate at all levels, starting from the area, district, town, city and national levels. Some of the stakeholders will require basic training in environmental and social screening. The type of training has been given in Chapter 8. The present Chapter outlines some of the selected and recommended activities to be performed by each of the key stakeholders, in order to successfully implement the environmental management plan activities and the screening process. 7.1.1 National level: The Ministry of Irrigation and Water Development (MoIWD) through NWDP will have the overall responsibility for coordinating and monitoring implementation of the ESMF. The NWDP will work through the National Steering Board (NSB), which is composed of representatives from key Government Ministries and the General Managers of the respective Water Boards. For limited cases where an EAI may be required under NWDP, the TCPC ( where City or Town Assemblies are involved) or the DEC ( for the case of District Assemblies), will inform NWDP to initiate the preparation of a Project Brief and the Terms of Reference. The NWDP will then recruit an appropriate consultant to conduct the EIA study. Once the study is completed, the NWDP will consult the Director of Environmental Affairs who will be responsible for reviewing the EIA through the Technical Committee on the Environment (TCE). The Director of Environmental Affairs may arrange for public consultations as part of the EIA process, in order to sensitise the communities and to create awareness. The Technical Committee on the Environment may require to carry out their own site and works assessment before making the appropriate recommendations to the National Council for Environment (NCE). The NCE will evaluate the recommendations of the TCE and make appropriate recommendations to the Minister for approval and issuance of the certificate. 7.1.2 Area level The TCPC and the DEC will be responsible for the technical work at the local level (City/Town and District Assembly respectively). They will provide the assistance to AEC and DESC in carrying out the screening process and determining whether or not an EIA is required. The AEC and DESC will be responsible for completing the environmental and social screening form, Annex 1(a) to identify the potential environmental and social impacts of the construction and rehabilitation activities; and to propose their mitigation measures. The screening process will be under the supervision of the TCPC and DEC as appropriate.


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The TCPC or DEC will be responsible for (i) determining the environmental category and the extent of the required environmental work, based on the screening results; (ii) determining the need for EIA and for RAP and (iii) proposing mitigation measures for identified impacts. The TCPC or DEC will also assist NWDP in drafting the terms of reference for the EIAs and for the identification of an appropriate consultant to conduct the EIA study. Monitoring of the construction to ensure that environmental designs are taken into consideration will be done by the EAD, DEC, TCPC, Ministry of Lands, Physical Planning and Surveys and other sectoral stakeholders as shown in Table 6.1.


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CHAPTER EIGHT: CAPACITY BUILDING AND TRAINING 8.1 Participants for Capacity Building and Training Capacity building and training will be required for the proper and successful implementation of this ESMF. The training sessions are aimed at enhancing the knowledge and understanding of the key stakeholders to better implement the ESMF for NWDP. Representatives from the MoIWD, District Assemblies/Town Assemblies, City Assemblies, Water Boards, Urban Water Boards and NWDP PMU will be trained to train the respective committees and staff in the project impact areas. A total of 30 participants will be trained as follows:

a. Two people will participate from the DECs of each of the implementation districts. One

of the two persons will have to be the Environmental Officer (for the City/Town) or the Environmental District Officer (for the District)

b. Two people will participate from each of the Water Boards. The Water Board will have to select the two persons that are directly involved in the project activities and;

c. Four participants will be drawn from: MoIWD (2 persons) and NWDP (2 persons) Once the representatives are trained, it is recommended that they train (under the supervision of a qualified facilitator) the other groups that will be directly involved in the project implementation. The people to be trained by the trainers will be drawn from the various district committees such as the District Development Committee (DDC), the Area Executive Committees (AEC) and the Village Development Committees (VDC) including the Local Leaders or their representatives. For the purposes of the training the project impact areas could be grouped into four units. The first unit being for Southern Region; the second unit being for Eastern Region; the third unit being for Central Region; and the fourth unit Northern Region. It is proposed that 10 participants per unit, from the following committees be trained:

i. Three people from the DDCs ii. Three people from the AECs and; iii. Four people (including the Local Leader or his representative) from the VDCs

Hence a total number of 40 local and area level participants from the four groups described above will be trained. The DECs with assistance from the Water Boards will be responsible for selecting the participants from the appropriate project impact DDCs, AECs and VDCs.

8.2 Proposed Areas of Training The training activities presented in Table 8.1 are designed to suit the needs for implementing both the ESMF and the RPF and will be for the trainers. At the local level, the participants drawn from the DDCs, AECs and VDCs will be trained in the areas outlined in Table 8.2. The training sessions, which should include practical sessions for the use of the environmental and social screening form as well as the check list, are designed to cover aspects of both the ESMF


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and the RPF. The assumption is that the project implementers and key stakeholders will have to understand both the ESMF and the RPF for efficient management of the environmental and social impacts of NWDP. The combined training programme is also designed to reduce training time and expenses.


Table 8.1: Training Programme for Training of Trainers

Days of Training Recommended Type of Training(Training Activity)

Target Group / Trainer Means of Verification

DAY 1 • Environmental and Social ImpactAssessment

- Relevant Environmental Policies and lawsin Malawi

- World Bank safeguard policies- The Screening Process.- Strategic action planning for

Environmental Management- Use of checklists- Preparation of terms of reference.- Identification of Impacts and mitigation

measures- EIA report preparation and processing

- NWDP Management Unit staff- MoIWD staff- Water Board staff- District Assembly staff

Trainer: EAD or PrivateConsultant

- 16 members of DEC andTCPC trained.

- 4 members from the MoIWD/NWDP trained

- 10 members from theWaterBoards Trained

DAY 2 • Hygiene and sanitation- Water supply- Sanitation- Water and sanitation related diseases- Infrastructure needed on the

scheme for sanitation enhancement- Operation and maintenance of

water point structures for goodsanitation









DAY 3 • Resettlement and Compensation- Categories of Land in Malawi and- Current valuation of Land and

other Physical Assets- Rights to land- Asset valuation- Methods of land acquisition- Compensation Agreements


Trainer: Lands Department orPrivate Consultant




DAY 4 • Public Consultation- Flow of communication on land related

issues- Awareness campaign programme• Record Keeping

- NWDP Management Unit staff- MoIWD staff- Water Board staff- District Assembly staffTrainer: Private Consultant




DAY 5 • HIV/AIDS and Project Implementation.- Impacts of HIV/AIDS on social wellbeing,

livelihood and projects- Mitigation measures

• Training Evaluation And Rap Up


Trainer: NAC or PrivateConsultant



- 10 members from theWater

Boards Trained


Table 8.2: Training Programme for members of DDC, AEC and VDC



DAY 1 • Environmental and Social ImpactAssessment

- Relevant Environmental Policies andLaws in Malawi

- World Bank safeguard policies- The Screening Process.- Planning for Environmental Management- Use of checklists- Identification of Impacts and mitigation

measures

- Members of DDC, AEC, VDCand Local Leaders or theirrepresentatives


- 12 members of DDC trained.- 12 members of AEC trained- 16 of VDC Trained

DAY 2 • Hygiene and sanitation- Water supply- Sanitation- Water and sanitation related diseases- Structures and processes needed on

water outlets for sanitation enhancement- Operation and maintenance of

water point structures for goodsanitation




DAY 3 • Resettlement and Compensation- Categories of Land in Malawi and- Current valuation of Land and

other Physical Assets- Rights to land- Asset valuation- Methods of land acquisition- Compensation Agreements

− Members of DDC, AEC, VDCand Local Leaders or theirrepresentatives

Trainer: Lands Department orPrivate Consultant





DAY 4 • Public Consultation- Flow of communication on land related

issues- Awareness campaign programmes- Record Keeping

• HIV/AIDS and Project Implementation.- Impacts of HIV/AIDS on social wellbeing,

livelihood and projects- Mitigation measures

• Training Evaluation And Rap Up

− Members of DDC, AEC, VDCand Local Leaders or theirrepresentatives

Trainer: Private Consultant


Trainer: NAC or PrivateConsultant




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8.3 Training Budget Thirty (30) participants will be trained as trainers in both ESMF and RPF implementation, in the areas presented in Table 8.1. The cost of this training, if it is to take place in Lilongwe, will be US$51,000.00. The estimated costs to cover travel expenses from the different project impact districts to Lilongwe and back. Other expenses are for accommodation, hire of training room and facilities, meals and per diems for the participants. The budget is also based on the following:

• Prevailing costs of goods and services offered in a typical urban area such as Lilongwe; • Training period of 5 days and 2 days for travel; • Hiring of 5 trainers, each handling one area of training as proposed in Table 8.1; • Subsistence allowances estimated at US$25.00 per participant per day; and • A lump sum of US$10, 000.00 included to cover the costs of the trainers and training materials; • Accommodation estimated at US$130.00 per participant per night.

The same training programme has been provided in the RPF for clarity of presentation. It is to be understood as a combined training programme to cater for the needs of both the ESMF and the RPF. At the local level, the 40 participants from DDC, AEC, and VDC will be trained at an estimated cost of US$51,000.00. The budget is based on estimated costs to cover travel expenses to and from, accommodation, hire of training facilities, meals and per diems for participants. The estimated rates are based on:

• Prevailing costs of goods and services in town centres; • Training period of 4 days and 2 days for travel; • Hiring of trainers and a facilitator; • Subsistence allowances estimated at US$25.00 per participant per day; • Accommodation estimated at US$100.00 per participant per night; and • Training materials.

This training programme will also combine ESM and RPF training needs and should include practical sessions in the completion of the screening for and the check list. Table 8.4 has the breakdown of the training budget.


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CHAPTER NINE: CONCLUSIONS AND RECOMMENDATIONS This Environmental and Social Management Framework has been prepared to guide project implementers and other stakeholders to identify and mitigate environmental and social impacts of the NWDP. In implementing this ESMF it should be noted that there will be different sources of social and environmental impacts arising from existing and new project activities, apart from NWDP project activities. Some of these project activities may be implemented outside the area of influence for NWDP. It is also to be appreciated that the project sites are dynamic and, therefore, prone to environmental and social impacts that may be generated from activities of other future development projects. These activities may impact on the project locations for NWDP. It is expected therefore that the other existing and new project activities will have their own environmental and social management plans. In the same way it is hoped that the Environmental Affairs Department and other relevant line ministries will ensure that human activities that lead to deforestation and other environmental problems are properly managed and monitored. Successful implementation of this ESMF will depend to a large extent on the involvement and participation of local communities and the local institutions. It is therefore recommended that experts to be involved in the implementation of the project and the ESMF will, in consultation with local communities, adopt and adapt the screening process, checklists and the EMP to suit local conditions. It is further recommended that this framework should be used prior to any project activity of NWDP Specifically it is recommended that:

• Environmental awareness and education for the key stakeholders and affected communities must be an integral part of the ESMF;

• City/Town/District and local community structures should be adequately trained to implement the screening process, to develop and to implement appropriate Environmental and Social Management and Monitoring Plans;

• This EMPs and environmental monitoring plans prepared on the basis of this ESMF should be regularly updated to respond to changing local conditions and should incorporate lessons learnt from implementing various components of the project activities;

• The City/Town/District Assemblies should be assisted to develop appropriate information management systems to support the environmental management process;

• The Assemblies should be assisted with the necessary resources and equipment to be able to produce the screening documentation such as checklists and environmental management and monitoring forms;

• The Environmental District Officer should be empowered to adequately administer the ESMF and should be given the necessary support and resources to ensure effective implementation.


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REFERENCES • Government of Malawi (1997), Fisheries Conservation and Management Act, Fisheries

Department

• Government of Malawi (1997), Forestry Act, Forestry Department

• Government of Malawi (1996), Forestry Policy, Forestry Department

• Government of Malawi (2002), National Land Policy, Ministry Of Lands, Physical Planning

and Surveys

• Government of Malawi (1999), National Water Policy, Ministry of Water Development

• Government of Malawi (1998), Decentralization Policy, Decentralization Secretariat

• Government of Malawi (1998), Local Government Act Ministry of Local Government

• Government of Malawi (1997), Guidelines for Environmental Impact Assessment (EIA) In

Malawi Department for Environmental Affairs.

• Government of Malawi (1996), Environmental Management Act, Number 23 Department

of Environmental Affairs.

• Government of Malawi (1996) Ministry of Research and Environmental Affairs, National

Environmental Policy.

• Government of Malawi (1995), Constitution of the Republic Of Malawi.

• Government of Malawi (1994), National Environmental Action Plan. Volume 1,

Department of Research and Environment Affairs,

• Government of Malawi (2000), National Parks and Wildlife Act Department of Parks and

Wild Life

• Government of Malawi (2000), National Parks and Wildlife Policy Department of Parks and

Wild Life

• Government of Malawi (1988), Town and Country Planning Act Number 26. Ministry of

Local Government

• Government of Malawi (1995), Water Works Act, Number 17.Ministry of Water

Development

• Government of Malawi (1969), Water Resources Act Ministry of Water Development.

• Government of Malawi (1965), Land Act Ministry of Land.


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ANNEX 1(a): Environmental and Social Screening Form for NWDP

Government of the Republic of Malawi

ENVIRONMENTAL AND SOCIAL SCREENING FORM (Revised Version)

FOR

SCREENING OF POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS OF PROJECTS UNDER THE NATIONAL WATER DEVELOPMENT PROGRAMME

INTRODUCTION

This Environmental and Social Screening Form (ESSF) has been designed to assist in the evaluation of planned construction and rehabilitation activities for all projects under the National Water Development Programme (NWDP). The form will assist the project implementers and reviewers to identify environmental and social impacts and their mitigation measures, if any. It will also assist in the determination of requirements for further environmental work (such as EIA), and social work (such as RAP) if necessary.

The form helps to determine the characteristics of the prevailing local bio-physical and social environment with the aim of assessing the potential impacts of the construction and rehabilitation activities on the environment by NWDP. The ESSF will also assist in identifying potential socio-economic impacts that will require mitigation measures and/or resettlement and compensation.

GUIDELINES FOR SCREENING

The evaluator should undertake the assignment after: 1. gaining adequate knowledge of baseline information of the area. 2. gaining knowledge of proposed project activities for the area. 3. having been briefed/trained in environmental and social screening.

The form is to be completed by consensus of at least three people, knowledgeable of the screening process. PART A: GENERAL INFORMATION Project Name

Estimated Cost (MK)

Project Site Funding Agency

Project Objectives Proposed Main Project Activities:

Name of Evaluator Date of Field Appraisal


72

PART B: BRIEF DESCRIPTION OF THE PROPOSED ACTIVITIES Provide information on the type and scale of the construction/rehabilitation activity (e.g. area, land required and approximate size of structures). Provide information on the construction activities including support/ancillary structures and activities required to build them, e.g. need to quarry or excavate borrow materials, water source, access roads etc. Describe how the construction/rehabilitation activities will be carried out. Include description of support/activities and resources required for the construction/rehabilitation.

PART C: ENVIRONMENTAL BASELINE INFORMATION OF THE PROJECT SITE CATEGORY OF BASELINE INFORMATION BRIEF DESCRIPTION

GEOGRAPHICAL LOCATION

• Name of the Area (District, T/A, Village)

• Proposed location of the project (Include a site map of

at least 1:10,000 scale)

LAND RESOURCES

• Topography and Geology of the area

• Soils of the area

• Main land uses and economic activities

WATER RESOURCES

• Surface water resources (e.g. rivers, lakes, etc) quantity

and quality

• Ground water resources quantity and quality

BIOLOGICAL RESOURCES

• Flora (include threatened/endangered/endemic species)

• Fauna (include threatened/endangered/endemic

species)

• Sensitive habitats including protected areas e.g.

national parks and forest reserves

CLIMATE

• Temperature

• Rainfall


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PART D: SCREENING CRITERIA FOR IMPACTS DURING CONSTRUCTION

AREAS OF IMPACT IMPACT EVALUATION POTENTIAL MITIGATION MEASURES

Is the project site/activity within and/ or will it affect the following environmentally sensitive areas?

Extent or coverage (on site, within 3km -5km or beyond 5km)

Significance (Low, Medium, High)

1. No Yes On Site

Within 3-5 km

Beyond 5km

Low Medium

High

1.1 National Parks, Wildlife Reserves and Forest Reserves

1.2 Wet-lands 1.3 Productive traditional

agricultural /grazing lands

1.5 Areas with rare or endangered flora or fauna

1.6 Areas with outstanding scenery/tourist site

1.7 Within steep slopes/mountains

1.8 Dry tropical forest s such as Brachsystegia species

1.9 Along lakes , along beaches, riverine

1.10 Near industrial activities 1.11 Near human

settlements 1.12 Near cultural heritage

sites 1.13 Within prime ground

water recharge area 1.14 Within prime surface run

off

2.0 SCREENING CRITERIA FOR IMPACTS DURING IMPLEMENTATION AND OPERATION Will the implementation and operations of the project activities within the selected site generate the following externalities /costs /impacts?

No Yes On Site

Within 3-5 km

Beyond5km

Low Medium

High

2.1 Deforestation 2.2 Soil erosion and

siltation 2.3 Siltation of

watercourses, dams


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2.4 Environmental degradation arising from mining of construction materials

2.5 Damage of wildlife species and habitat

2.6 Hazardous wastes, Asbestos, PCB’s

2.7 Nuisance - smell or noise

2.8 Reduced water quality 2.9 Increase in costs of

water treatment 2.10 Soil contamination 2.11 Loss of soil fertility 2.12 Reduced flow and

availability of water 2.13 Long term depletion of

water resource 2.14 Incidence of flooding 2.15 Changes in migration

patterns of animals 2.16 Introduce alien plants

and animals 2.17 Increased incidence of

plant and animal diseases

3.0 SCREENING CRITERIA FOR SOCIAL AND ECONOMIC IMPACTS (1) Will the implementation and operation of the project activities within the selected site generate the following socio-economic costs/impacts?

No Yes On Site

Within 3-5 km

Beyond5km

Low Medium

High

3.1 Loss of land for human settlement, farming, grazing (2)

3.2 Loss of assets, property- houses, agricultural produce, etc. (2)

3.3 Loss or reduction of livelihoods (2)

3.4 Loss of, or damage to, cultural sites, graveyards, monuments

3.5 Disruption of social fabric

3.6 Interference in marriages for local people by workers


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3.7 Spread of STIs and HIV/AIDS; increased incidence of communicable diseases, due to migrant workers (3)

3.8 Increased incidence of communicable diseases

3.9 Health hazards to workers and communities

3.10 Changes in human settlement patterns

3.11 Conflicts over use of natural resources e.g. water, land, etc

3.12 Conflicts on land ownership (2)

3.13 Disruption of important pathways, roads

3.14 Increased population influx

3.15 Loss of, or impact on, cultural identity

3.16 Loss or reduction of income generating capacity (2)

3.17 Creation of social conflict or inequity

3.18 Erosion of economic land value (2)

3.19 Disruption of land tenure, ownership rights (2)

3.20 Relocation of people (2)

FOOTNOTES: (1) All of the social impacts indicated in this table, if potentially significant, need to be documented—along with the planned mitigation/compensation measures—within the EIA report (if one is produced), separate Social Assessment, or other report of appropriate length and scope. (2) These impacts normally require the preparation of a Resettlement Action Plan (RAP) or Abbreviated Resettlement Action Plan (ARAP), based on the guidelines of the Resettlement Policy Framework (RPF) of the NWDP. Specific RAPs and ARAPs should be submitted to the Development Partner for prior review. (3) Specific, proactive measures to prevent the spread of HIV/AIDS and other STIs need to be carefully documented, within in the EIA, specific Social Assessment, or other report.


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OVERALL EVALUATION OF THE SCREENING PROCESS ON THE SITE AND PROJECT ACTIVITY

The result of the screening process would be either: (a) the proposed project would be permitted to proceed on the site as no environmental impacts will be incurred; or (b) the application of simple mitigation measures will suffice, or, (c) the proposed project would need an EIA. The basis of these options is listed in the table below: The Proposed Project Activity has been assigned the following environmental categories and requires appropriate level of environmental work.

The Proposed Project Activity Needs Further Compliance With EIA Requirements On The Following Observations.

Screening Results “A” Project activities would have comprehensive, broad and long term impacts and therefore would require an EIA. This category will not be funded under NWDP. The project will either have to be redesigned or abandoned.

Screening Results “B1”

Screening Results “B2”

• Project activities will have relatively few or minor adverse impacts and therefore the application of simple mitigation measures will suffice.

• Project activities will have some significant, potentially adverse environmental impacts and therefore will require a separate EIA

Screening Results “C” Project activities will have no significant environmental impacts and therefore do not require additional environmental work.

Screening results indicate that the site of the project will not be within environmentally–sensitive areas .e.g. protected areas

Field appraisals indicate that the project site is within environmentally sensitive areas, protected areas.

No families will be displaced from the site Cause adverse socio-economic impacts. Identified impacts are minor, marginal and of little significance

Significant number of people, families will be displaced from site. (Must comply with requirements of Resettlement Policy Framework.)

Mitigation measures for the identified impacts are well understood and practiced in the area

Some of the predicted impacts will be long term, complicated, extensive

The stakeholders have adequate practical experiences in natural resource conservation and management.

Appropriate mitigation measures for some predicted impacts are not well known in the area

Completion by EDO, or EO Completion by Director of Environmental Affairs Is This Project Likely To Need An EIA

YES/ NO Date Received from District Assembly:

List A/B Paragraph Numbers Dated Reviewed: Date Exempted Date of Submission of

Project Brief Date Forwarded To DEA Head Office

Date of Submission of EIA Reports

Name & Signature of EDO Date of Approval/Rejection

NOTES: Once the ESSF is completed it is analysed by experts from the District Environmental Sub-Committee,

who will classify it into the appropriate category based on a predetermined criteria and the information provided in the form.


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All projects’ proponents exempted from further impact assessment must be informed to proceed with other necessary procedures.

All projects recommended for further impact assessment are required to follow procedures outlined in section 24 and 25 of the Environmental Management Act, and the Malawi Government’s Guidelines for Environmental Impact Assessment, Appendix C, Page 32. This version of the ESSF was revised slightly (to facilitate easy use) during the Training Workshop on World Bank Safeguard Policies, held in Lilongwe from 31 August to 3 September 2010. It is substantively very similar to the ESSF version that appears in the 2007 Environmental and Social Management Framework for the Second National Water Development Project (NWDP II).


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ANNEX 1(b): Project Environmental Checklists for NWDP

1Simplified initial screening checklists for highlighting possible environmental impacts of micro-projects and identifying steps to minimise them

Water Supplies (boreholes, dams, storage tanks, pipelines etc)

The combined impact of all the boreholes, or all the dams, should be evaluated together on one of these sheets Large negative impacts may indicate a need to comply with the EAD’s EIA Process

Project Name: District: Date: 3Tick the magnitude of the

impacts without any mitigation measures

Positive Negative Environmental Impacts of Water Supply Project(s)

• Not in any particular order L

arge

Med

ium

Smal

l

Nil

orN

/A

Smal

l

Med

ium

Lar

ge

Mitigation Measures3

• Not exhaustive - other measures are encouraged

Tick mitigations chosen 3Creation of social conflict or inequity Community participation &

buy-in

Erosion of economic land value Plan land use change Compensation, relocation

Damage to historical/cultural monuments or artefacts Relocation Increased Deforestation Afforestation Nuisance – dust, smell or noise Planning and siting Reduced water quality Sensitize communities on

proper wastewater management and disposal. Treat and dispose wastewater as required.

Increased wastewater generation Sensitise communities on water conservation measures

Soil Erosion Provide and use approved storm water drainage

Health hazards to workers and communities Sensitise workers and community on safety and health measures

Spreading water related diseases Integration with health planning

Hazard of water contamination Treatment of wastewater Siltation of watercourses, dams Compact loose material Contamination of water by human or animal activity Integrate with rural

planning

Reduced dilution of existing pollutants entering receiving waters

Address pollutants at source

Reduced recharge of groundwater Apply extraction and/or consumption limits

Increasing incidence of communicable diseases Communication and awareness

Reduced flow and availability of water for users Follow provisions of Water

3 Mitigation measures to be implemented by the institutions as listed in Table 6.1


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Act Lowering of water table Apply extraction and/or

consumption limits

Long term depletion of water resource Apply extraction and/or consumption limits Holistic catchment management

Impacts on aquatic flora and fauna downstream Monitor indicator species Routine WQ monitoring

Strain on vegetation cover Spread out supply points Changes in migration patterns of humans and animals Integrate with rural

planning

Inundation of cultural or archaeological resources or artefacts

Consider alternative siting Remove resources

Water logging of soil Micro-engineering solutions

Loss of scenic value Re-vegetate Disruption of land tenure, ownership rights Community participation &

buy-in

Population migration to the area Integrate with rural planning

Relocation of people Community participation & buy-in

Global Sustainability Check Will the project(s): Tick boxes if yes 3use irreplaceable natural resources or fossil fuels? result in an overall net loss of top soils? make increased use of natural resources for short rather than long term economic gains? impact negatively on national energy balance? have a net negative effect on the national carbon balance? be a hazard to any rare or endangered species? accelerate rural-to-urban migration? increase the gap between rich and poor people? If this project operated forever, would its natural resource base eventually be exhausted?

Completed by EDO or EO: Completed by Director EAD Proposed environmental category (A, B1, B2, C) Is this project likely to need an EIA (YES/NO)?

Signature:

List A/B paragraph numbers

Date:

Date forwarded to DEA Head Office:

Date exempted:


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ANNEX 2: SUMMARY OF THE WORLD BANK’S SAFEGUARD POLICIES. Relevant World Bank safeguard policies concerned in the project supported by the IDA (World Bank), but not limited to that project, are highlighted by a light shade.

OP 4.01 Environmental Assessment

The objective of this policy is to ensure that Bank-financed projects are environmentally sound and sustainable, and that decision-making is improved through appropriate analysis of actions and of their likely environmental impacts. This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts on its area of influence. OP 4.01 covers impacts on the natural environment (air, water and land); human health and safety; physical cultural resources; and transboundary and global environment concerns.

Depending on the project, and nature of impacts a range of instruments can be used: EIA, environmental audit, hazard or risk assessment and environmental management plan (EMP).When a project is likely to have sectoral or regional impacts, sectoral or regional EA is required. The Borrower is responsible for carrying out the EA.

Consistent with this policy, an Environmental and Social Management Framework (ESMF) has been prepared because the precise locations and potential negative localized impacts could not be identified prior to appraisal.

OP 4.04 Natural Habitats

This policy recognizes that the conservation of natural habitats is essential to safeguard their unique biodiversity and to maintain environmental services and products for human society and for long-term sustainable development. The Bank therefore supports the protection, management, and restoration of natural habitats in its project financing, as well as policy dialogue and economic and sector work. The Bank supports, and expects borrowers to apply, a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development. Natural habitats are land and water areas where most of the original native plant and animal species are still present. Natural habitats comprise many types of terrestrial, freshwater, coastal, and marine ecosystems. They include areas lightly modified by human activities, but retaining their ecological functions and most native species.

This policy is triggered by any project (including any sub-project under a sector investment or financial intermediary) with the potential to cause significant conversion (loss) or degradation of natural habitats, whether directly (through construction) or indirectly (through human activities induced by the project).

The proposed project will not fund any investments that would have negative impacts on natural habitats. In the event that investments in sensitive areas would have to be considered, a separate EIA report will be prepared and appropriate mitigation measures will be recommended for implementation under the sub-project.

OP 4.36 Forests

The objective of this policy is to assist borrowers to harness the potential of forests to

This policy is triggered whenever any Bank-financed


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reduce poverty in a sustainable manner, integrate forests effectively into sustainable economic development and protect the vital local and global environmental services and values of forests. Where forest restoration and plantation development are necessary to meet these objectives, the Bank assists borrowers with forest restoration activities that maintain or enhance biodiversity and ecosystem functionality. The Bank assists borrowers with the establishment of environmentally appropriate, socially beneficial and economically viable forest plantations to help meet growing demands for forest goods and services.

investment project (i) has the potential to have impacts on the health and quality of forests or the rights and welfare of people and their level of dependence upon or interaction with forests; or (ii) aims to bring about changes in the management, protection or utilization of natural forests or plantations.

The proposed project will not fund any investments that will bring about any changes in the management of forests.

OP 4.09 Pest Management

The objective of this policy is to (i) promote the use of biological or environmental control and reduce reliance on synthetic chemical pesticides; and (ii) strengthen the capacity of the country’s regulatory framework and institutions to promote and support safe, effective and environmentally sound pest management. More specifically, the policy aims to (a) Ascertain that pest management activities in Bank-financed operations are based on integrated approaches and seek to reduce reliance on synthetic chemical pesticides (Integrated Pest Management (IPM) in agricultural projects and Integrated Vector Management (IVM) in public health projects. (b) Ensure that health and environmental hazards associated with pest management, especially the use of pesticides are minimized and can be properly managed by the user. (c) As necessary, support policy reform and institutional capacity development to (i) enhance implementation of IPM-based pest management and (ii) regulate and monitor the distribution and use of pesticides.

The policy is triggered if : (i) procurement of pesticides or pesticide application equipment is envisaged (either directly through the project, or indirectly through on-lending, co-financing, or government counterpart funding); (ii) the project may affect pest management in a way that harm could be done, even though the project is not envisaged to procure pesticides. This includes projects that may (i) lead to substantially increased pesticide use and subsequent increase in health and environmental risk; (ii) maintain or expand present pest management practices that are unsustainable, not based on an IPM approach, and/or pose significant health or environmental risks. The proposed project will not support any investments that require the use of pesticides; any potential weed control will be done manually.

OP 4.11 Physical Cultural Resources

The objective of this policy is to assist countries to avoid or mitigate adverse impacts of development projects on physical cultural resources. For purposes of this policy, “physical cultural resources” are defined as movable or immovable objects, sites, structures, groups of structures, natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources

This policy applies to all projects requiring a Category A or B Environmental Assessment under OP 4.01. In the event of chance finds during construction and/or rehabilitation, NWPII will contact the appropriate Malawian institutions to ensure


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may be located in urban or rural settings, and may be above ground, underground, or underwater.

that these finds are handled according to Malawian laws. NWPII will not fund any investments that negatively affect physical cultural resources.

OP 4.10 Indigenous Peoples

The objective of this policy is to (i) ensure that the development process fosters full respect for the dignity, human rights, and cultural uniqueness of indigenous peoples; (ii) ensure that they do not suffer adverse effects during the development process; and (iii) ensure that indigenous peoples receive culturally compatible social and economic benefits.

The policy is triggered when the project affects the indigenous peoples (with characteristics described in OP 4.10 para 4) in the project area. The proposed project will not fund any investments that have negative impacts on indigenous peoples.

OP 4.12 Involuntary Resettlement

The objective of this policy is to (i) avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs; (ii) assist displaced persons in improving their former living standards, income earning capacity, and production levels, or at least in restoring them; (iii) encourage community participation in planning and implementing resettlement; and (iv) provide assistance to affected people regardless of the legality of land tenure.

This policy covers not only physical relocation, but any loss of land or other assets resulting in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; (iii) loss of income sources or means of livelihood, whether or not the affected people must move to another location. This policy also applies to the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.

The project has prepared a Resettlement Policy Framework (RPF) because the exact locations and potential localized impacts could not be identified prior to appraisal. This RPF will guide the preparation of Resettlement Action Plans (RAPs).

OP 4.37 Safety of Dams

The objectives of this policy are as follows: For new dams, to ensure that experienced and competent professionals design and supervise construction; the borrower adopts and implements dam safety measures for the dam and associated works. For existing dams, to ensure that any dam that can influence the performance of the project is identified, a dam safety assessment is carried out, and necessary additional dam safety measures and remedial work are implemented.

This policy is triggered when the Bank finances: (i) a project involving construction of a large dam (15 m or higher) or a high hazard dam; and (ii) a project which is dependent on an existing dam. For small dams, generic dam safety measures designed by qualified engineers are usually adequate.


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The proposed project will not fund any investments that involve the construction of new dams.

OP 7.50 Projects in International Waters

The objective of this policy is to ensure that Bank-financed projects affecting international waterways would not affect: (i) relations between the Bank and its borrowers and between states (whether members of the Bank or not); and (ii) the efficient utilization and protection of international waterways.

The policy applies to the following types of projects: (a) Hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial and similar projects that involve the use or potential pollution of international waterways; and (b) Detailed design and engineering studies of projects under (a) above, include those carried out by the Bank as executing agency or in any other capacity.

This policy is triggered if (a) any river, canal, lake or similar body of water that forms a boundary between, or any river or body of surface water that flows through two or more states, whether Bank members or not; (b) any tributary or other body of surface water that is a component of any waterway described under (a); and (c) any bay, gulf strait, or channel bounded by two or more states, or if within one state recognized as a necessary channel of communication between the open sea and other states, and any river flowing into such waters.

The notification of Malawi’s riparian neighbours has been carried out, and therefore, no additional riparian notifications at the sub-project level are required.

OP 7.60 Projects in Disputed Areas

The objective of this policy is to ensure that projects in disputed areas are dealt with at the earliest possible stage: (a) so as not to affect relations between the Bank and its member countries; (b) so as not to affect relations between the borrower and neighbouring countries; and (c) so as not to prejudice the position of either the Bank or the countries concerned.

This policy will be triggered if the proposed project will be in a “disputed area”. Questions to be answered include: Is the borrower involved in any disputes over an area with any of its neighbours. Is the project situated in a disputed area? Could any component financed or likely to be financed as part of the project situated in a disputed area? The proposed project will not fund any investments in disputed areas.


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ANNEX 3: THE GENERAL EIA PROCESS IN MALAWI (ADAPTED FROM THE EIA GUIDELINES 1997, EAD)

* Based on ToRs approved by EAD.** The licensing authority should submit to the Director a copy of the license with attached project brief for record

purposes.

*** The Developer may appeal to the Environmental Appeals Tribunal if not satisfied by the decision.

PR

E-F

EA

SIB

ILIT

Y

PREPARE ENVIRONMENTAL MANAGEMENT PLAN

COMMENCE WITH

PROJECT

PR

OJE

CT

CO

NC

EP

T

PROJECT EXEMPTNo EIA Required **

Certificate of Exemption**

COMMENCE WITH

PROJECT YES

PROPOSED PROJECT

SCREENING Is the proposed project a prescribed activity? Is an EIA likely to be mandatory or

may be required? Refer to Lists A and B of EIA Guidelines (EAD, 1997)

FE

AS

IBIL

ITY

DE

SIG

N&

EN

GIN

EE

RIN

G

Undertake Scoping and prepare ToRs for the EIA *

Commence with EIA: • Describe project • Describe biophysical & socio-economic environment; • Assess impacts (identification, prediction, evaluation); • Recommend mitigation and monitoring measures; • Prepare Environmental Management Plan (EMP).

EIA Review by the Director of Environmental Affairs

IMP

LE

ME

NT

AT

ION

MO

NIT

OR

ING

&E

VA

LU

AT

ION

EIA Approval

Project Acceptance

DIRECTOR’S CERTIFICATE

TERMS & CONDITIONS ARE ISSUED

EIA Rejected

Project rejected or needs redesign ***

COMMENCE WITH

PROJECT

Review of Project Brief by theDirector of Environmental Affairs

Department PREPARE PROJECT BRIEF

NO

EIA Required?

YES NO


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ANNEX 4: GENERAL EIA TERMS OF REFERENCE FOR NWDP

1. Provide a full description of the nature of the project with respect to the name of the proponent, the postal and physical address, the spatial location of the potential site for the project, the estimated cost of the project, and size of land for the project site, including water reticulation, waste disposal and access roads.

2. Provide a site-specific map of the area (Scale 1:50,000) showing the proposed project site and existing

establishments in the area and surrounding areas. A site plan for the project should also be provided. 3. Examine the existing conditions of the proposed site identifying and analysing:

� Geological and soil conditions of the area; � The scope of vegetative resources of the area; � Existing land uses within the area and within adjacent villages; � Ecologically important or sensitive habitats and resources e.g. water resources, biodiversity

elements; and � Suitability of the site for the proposed development.

4. Describe the major activities to be undertaken for the construction and operation of water supply

systems. This should include the size and type of water structures, the type of equipment to be used, the method and duration of construction, nature and quantity of wastes to be generated, the facilities for appropriate disposal and management of waste, number of people to be employed and.

5. State the reasons for selecting the proposed site, the consequences of not undertaking the project at the

proposed site and any alternative sites considered.

6. Predict the major short and long-term environmental impacts of the project. Examine both the positive and negative impacts as well as impacts on the biophysical, social, economic and cultural components of the environment. The potential impacts must include those related to:

• project location (e.g. resettlement of people, loss of forest land, loss of agricultural land, impact on flora and fauna);

• construction works (e.g. soil erosion, disposal of construction spoils, drainage and access roads)

• project operation (e.g. solid waste disposal, sewage disposal)

7. Prescribe measures to eliminate, reduce or mitigate the negative effects identified and the measures to enhance the positive effects in 6.

8. Propose an Environmental Management Plan (EMP) in tabular form by which all of the

mitigation/enhancement measures prescribed will be carried out, specifying who will be responsible for implementing these measures and the schedule for implementation, cost of implementing the measures and the source of funding. An environmental monitoring plan should also be prepared including the indicators to be used for monitoring the impacts and responsible persons and institutions that will conduct the monitoring.

9. Undertake public consultations to ensure that all interested and affected parties are involved in the EIA

process and incorporate their views into the EIA. Evidence of consultation should be provided in the report.

10. Provide an account of all statutory and regulatory licenses and approvals obtained for the project to

ensure that they are in line with sound environmental management practices and are in compliance with all relevant existing legislation. Reference should be made, but not limited to the Environment Management Act and other relevant and other relevant legislation.


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ANNEX 5: PROCEDURES FOR EIA PREPARATION

CONSTRUCTION AND REHABILITATION WORKS UNDER NATIONAL WATER DEVELOPMENT PROGRAMME

ACTIVITIES REQUIRING ENVIRONMENTAL IMPACT ASSESSMENT

According to Malawi’s Guidelines for Environmental Impact Assessment (December 1997), there are two sequential types of formal EIA submissions which represent progress reports to meet the requirements of Malawi’s EIA process. These are Project Briefs and EIA Reports. A Project Brief is a short report informing DEA that a prescribed activity is being considered. Its sole purpose is to provide sufficient information to allow DEA to determine the need for an EIA based on screening criteria outlined in Appendix of the guidelines. Thus, a Project Brief must contain the information needed by DEA to evaluate the report against the screening criteria. Section 24 of the EMA requires that a Project Brief should at least state:

• The nature of the project; • The activities that shall be undertaken; • The possible products and by-products anticipated; • The number of people the project shall employ; • The area of land, air or water that may be affected; and • Any other matters as may be prescribed.

More generally, the Project Brief should also contain:

• A basic description of the project purpose, size, location and preliminary design, including any alternatives which are being considered (i.e. site, technology, construction and operation procedures, handling of waste).

• The stage of the project in the project cycle. • A location map of the project site or site alternatives, and a site plan as it is currently known. Maps and

plans should conform to the standards discussed in the section describing the requirements of an EIA report.

• A discussion of which aspects of the project are likely to cause environmental concerns, and of proposed environmental management measures.

The General Requirements of an EIA Report include: (i) quality standards; (ii) terms of reference; (iii) identification of the EIA team; (iv) discussion of EIA methods; (v) public consultation; and (vi) information and mapping standards. Typical elements of an EIA report include: (i) an Executive Summary; (ii) an Introduction; (iii) a Project Description; (iv) a discussion of the Environmental Planning and Design; (v) Public consultation; (vi) description of the Environmental Setting; (vii) Assessment of Environmental Impacts; (viii) Environmental Management Plan; (ix) Resource Evaluation; (x) Summary and Recommendations; and (xi) Appendices. For details on the preparation of the above documents, please refer to Annex C of the Guidelines for Environmental Impact Assessment (December 1997). In this context, the ESMF not only complements Malawi’s procedures for meeting EIA requirements as outlined in Annex C of the above guidelines, but it also meets the safeguard policy requirements of the World Bank and other Development Partners.


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ANNEX 6: ENVIRONMENTAL GUIDELINES FOR CONTRACTORS

These Environmental Guidelines for Contractors are prepared for all the contractors to be engaged for the NWDP construction activities. The guidelines include provisions for proper management of construction sites, safe storage of construction materials and safe disposal of wastes including asbestos wastes. General Considerations • The contractor shall, in all his activities ensure maximum protection of the environment and the socio-

economic wellbeing of the people affected by the project, whether within or outside the physical boundaries of the project area.

• Before any construction works begin, the contractor shall ensure that the relevant environmental and land acquisition certificates of authorization for the works have been obtained from the Director of Environmental Affairs and/or the Commissioner for Lands.

• In general, the contractor shall familiarize himself with the ESMF and the RPF for NWDP. Specifically, the contractor shall make every effort to follow and implement the recommendations and mitigation measures of the EMP and the RAPs or ARAPs, to the satisfaction of the MoIWD and the EAD, or any such persons or agencies appointed by the MoIWD or the EAD, to inspect the environmental and social components of NWDP.

• The contractor shall work in cooperation and in coordination with the Project Management Team and/or any other authority appointed to perform or to ensure that the social and environmental work is performed according to the provisions of the ESMF, RPF, RAPS, ARAPs and EMP for NWDP.

• The contractor shall always keep on site and make available to Environmental Inspectors or any authorized persons, copies of the EMPs, RAPs and ARAPs for the monitoring and evaluation of environmental and social impacts and the level or progress of their mitigation.

Acquisition of Construction Materials The contractor shall ensure that construction materials such as sand, quarry stone, soils or any other construction materials are acquired from approved suppliers and that the production of these materials by the suppliers or the contractor does not violate the environmental regulations or procedures as determined by the EAD. Movement and Transportation of Construction Materials The movement and transportation of construction materials to and within the construction sites shall be done in a manner that generates minimum impacts on the environment and on the community, as required by the EMPs and the RAPs or ARAPs. Storage of Construction Materials and Equipment Construction materials shall be stored in a manner to ensure that: • There is no obstruction of service roads, passages, driveways and footpaths; • Where it is unavoidable to obstruct any of the service paths, the contractor shall provide temporary or

alternate by-passes without inconveniencing the flow of traffic or pedestrians; • There is no obstruction of drainage channels and natural water courses; • There is no contamination of surface water, ground water or the ground; • There is no access by public or unauthorized persons, to materials and equipment storage areas; • There is no access by staff, without appropriate protective clothing, to materials and equipment storage

areas; • Access by staff and public or unauthorized persons, to hazardous, corrosive or poisonous substances

including sludge, chemicals, solvents, oils, asbestos cement dust or their receptacles such as boxes, drums, sacks and bags is prohibited;


88

Safe Disposal of Construction Waste Construction waste includes but is not limited to asbestos pipes combustion products, dust, metals, rubble, timber, water, waste water and oil. Hence construction waste constitutes solid, liquid and gaseous waste and smoke. In performing his activities, the contractor shall use the best practical means for preventing emissions of noxious or offensive substances into the air, land and water. He shall make every effort to render any such emissions (if unavoidable) inoffensive and harmless to people and the environment. The means to be used for making the emissions harmless or for preventing the emissions shall be in accordance to the RAPs, ARAPs or the EMPs and with the approval of the relevant Local Authority or the Environmental Affairs Department. The contractor shall, in particular, comply with the regulations for disposal of asbestos cement pipes, construction/demolition wastes, wastewater, combustion products, dust, metals, rubble and timber. Wastewater treatment and discharge will conform to the applicable regulations by the relevant Local Authority and Ministry of Irrigation and Water Development. Asbestos wastes, and other hazardous wastes shall be treated and disposed of in conformity with the national regulations and where applicable, with the supervision of qualified personnel. Health and Safety of Workers The contractor shall protect the health and safety of workers by providing the necessary and approved protective clothing and by instituting procedures and practices that protect the workers from dangerous operations. The contractor shall be guided by and shall adhere to the relevant national Labour Regulations for the protection of workers. Chance Finds Procedures for Physical Cultural Resources If, during project construction, the contractor or project workers encounter archaeological relics, fossils, human remains, or other items of historical or other cultural value, the contractor shall (1) temporarily suspend any works which might damage these items and (2) notify the Client who then notifies the Department of Antiquities or other competent authority, for instructions or guidance regarding the appropriate next steps to evaluate, salvage, recover, protect, and/or document the items found.


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ANNEX 7: LIST OF PEOPLE CONSULTED DURING PREPARATION THE ESMF

NO NAME POSITION INSTITUTION DATE CONSULTED

LOCAL CONSULTATIONS, LILONGWE 1 Mr. Kamuloni Environmental Officer Environmental Affairs

Department 06 / 02 / 07

2 Mr. Phiri Assistant Water Resources Officer

Water Resources Board 06 / 02 / 07

3 Mr. Mikuwa Chief Water Resources Officer

Water Resources Board 06 / 02 / 07

4 Mr. A. H. Chipongwe

Planner Ministry of Mines, Natural Resources and Environment

07 / 02 / 07

5 Mr. E. Khonje Senior Local Government Officer

Ministry of Local Government

07 / 02 / 07

6 Mr. Makwenda Planning Engineer Central Region Water Board

07 / 02 / 07

7 Mr. Mwenelupembe

Senior assistant Community Water Supply Officer

Regional Water Offices –Ministry of Irrigation and Water Development

08 / 02 / 07

8 Mr. Chiumia Environmental District Officer

Lilongwe District Assembly 08 / 02 / 07

9 Mr. Chikuni Projects Engineer Lilongwe Water Board 08 / 02 / 07 10 Mr. Kachingwe Environmental Officer Lilongwe Water Board 08 / 02 / 07 11 Mr. Mitochi District Health and

Environmental Officer Lilongwe District Health Office

09 / 02 / 07

12 Mr. W. Mitembe Planner Forestry Department 09 / 02 / 07 13 Mr. T. Kamoto Principal Forestry Officer Forestry Department 09 / 02 / 07 14 Mr. Banda Estates Officer Regional commissioner for

Lands – Central 09 / 02 / 07

15 Mrs. Chakwana Principal Gender Officer Ministry of Gender 12 / 02 / 07 16 Mr. W. Ali Projects Manager –

Development Corridors Ministry of Transport and Public Works

14 / 02 / 07

17 Mr. O. Matupa Principal Energy Economist

Department of Energy 15 / 02 / 07

MZUZU CITY 18 Mr. M.E.M Kaunda Director of Planning Mzuzu City Assembly 19 / 02 / 07 19 Mr. D. R.

Chirombo Member Mzuzu City Assembly 19 / 02 / 07

20 Mr. G. G Pondelani

Member Mzuzu City Assembly 19 / 02 / 07

21 Mr. S. Mbale District Forestry Officer Forestry 19 / 02 / 07 22 Mr. F.G Mangani Commissioner for lands Lands Department 19 / 02 / 07 23 Mr. S. E. D

Chikwapulo Member Mzuzu City Assembly 19 / 02 / 07

24 Mr. A. P Kayuni Member Mzuzu City Assembly 19 / 02 / 07


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25 Mr. D. M Kamlomo Commissioner for Physical Planning

Regional Physical Planning 19 / 02 / 07

26 Mr. Ungwe Project Manager Northern Region Water Board

20 / 02 / 07

27 Mrs. C. J Tembo Villager Mdilira Village 20 / 02 / 07 28 Mr. W.

Mkandawire Villager Kamkhoti Village 20 / 02 / 07

29 Mr. J. Milanzi Maize Mill Operator Ekwendeni Mission Maize Mill

20 / 02 / 07

30 Mr. J. R. Mhango Plant Operator Northern Region Water Board

20 / 02 / 07

31 Mr. R. G. Bota Plant Operator Northern Region Water Board

20 / 02 / 07

32 Mr. Mkandawire Plant Operator Northern Region Water Board

20 / 02 / 07

33 Mr. B. M Mvula Member Hope for the Elderly 21 / 02 / 07 34 Mr. H. E. M

Mtegha Plant Operator Northern Region Water

Board 21 / 02 / 07

MBELWA DISTRICT ASSEMBLY, MZIMBA 35 Mr. C. Bokho Member Mbelwa DEC 21 / 02 / 07 36 Mr. G. Silweya Member Mbelwa DEC 21 / 02 / 07 37 Mr. O. Z Thera Member Rural Housing - Mzimba 21 / 02 / 07 38 Miss. C. Gondwe Member Youth 21 / 02 / 07 39 Mrs. R. Kayira Member Community Development –

Mzimba 21 / 02 / 07

40 Mrs. H. Munthali Member Tovwirane HIV / AIDS organization - Mzimba

21 / 02 / 07

41 Mr. K. Kabaghe Member P.V.H.O- Mzimba 21 / 02 / 07 42 Mr. C. Chapotera Officer Mzimba Police 21 / 02 / 07 43 Mr. H. E. Chisanga Officer Social Welfare Office 21 / 02 / 07 44 Mr. E.J.F Gondwe Officer Labour and Social

Development - Mzimba 21 / 02 / 07

45 Mr. E. Nyirenda Officer Mzimba District Information 21 / 02 / 07 46 Eddie Jere Officer Mzimba Education 21 / 02 / 07 47 Fr. C. Gondwe Father Faith Based Organization 21 / 02 / 07 48 Mr. E. C. Mbewa District water officer Mzimba Water office 21 / 02 / 07 49 Mr. H. C. K

Gondwe Director of Planning Mbelwa DEC 21 / 02 / 07

50 Mr. W. Nkana District Forestry officer Mzimba Forestry office 21 / 02 / 07 51 Mr. R. S. K Mshali Officer in Charge Mzimba Prison 21 / 02 / 07

KASUNGU TOWNSHIP 52 Mr. H. K Mambo Zone Manager Central Region Water

Board 22 / 02 / 07

53 Mr. A. H. Nkhoma Director of Planning Kasungu Town Assembly 22 / 02 / 07 ZOMBA MUNICIPALITY

54 Mr E. J. Nathebe District Water Officer Zomba DEC 21/02/07 55 Mr S. Gondwe District Environmental Zomba DEC 21/02/07


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Officer 56 Mr T. M. Harawa Director Of Panning and

Development Zomba DEC 21/02/07

57 Mr A. M. Ganizani DEHO Zomba DEC 21/02/07 58 Mr B. B. Masemu Lands Officer Zomba DEC 21/02/07 59 Mr D. S. Chiwaya Barrage Attendant ESCOM 20/02/07 60 Mrs Kananji Treasurer Water Users Association

(Zomba Mpondabwino Point)

21/02/07

61 Mrs Kabichi Secretary Water Users Association (Zomba Mpondabwino water Point)

21/02/07

62 S Phanga Chairman Chikanda Water Points 21/02/07 63 Mrs Harare Chairperson Water Users Association

(Zomba Mpondabwino waterPoint

21/02/07

64 Mr Kamwana Vice Chairman Water Users Association (Zomba Mpondabwino water Point

21/02/07

65 Mr Kambona Water Supervisor SRWB 20/02/07 LIWONDE TOWNSHIP

66 Mr. C. N. Eliyasi Planner Liwonde DEC 20/02/07 67 Mrs N. Kasabola Agriculture DPD Liwonde ADD 20/02/07 68 Mr T. R. Muluwaza Acting Chief…. Liwonde DEC 20/02/07 69 Mr E. F. S. Chirwa Scheme Manager SRWB 20/02/07 70 Mr T. G. Wasambo HRMA Liwonde ADD 20/02/07 71 A. W. Voisi Chairperson Fishermen Association

(Liwonde Barrage) 20/02/07

72 Mailosi Jafali Member Fishermen Association (Liwonde Barrage)

20/02/07

73 Lest Kalino Member Fishermen Association (Liwonde Barrage)

20/02/07

74 Menard James Member Fishermen Association (Liwonde Barrage)

20/02/07

75 Kaliati Makaibu Member Fishermen Association (Liwonde Barrage)

20/02/07

76 Lameck Masiku Member Fishermen Association (Liwonde Barrage)

20/02/07

BLANTYRE CITY 77 MR J.

Chingamuka Factory Manager ADMARC 20/02/07

78 B. Sapiri Pande R/S Works 20/02/07 79 Mr F. J. Kapichi CEAR Co LTD 20/02/07 80 Mr B.M

Kadam’manja ESCOM 20/02/07

81 Mrs M. B. Kunje District Forestry Officer Blantyre DEC 23/02/07 82 Mrs Jean Bondwe DCDO Blantyre DEC 23/02/07


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83 Mrs Esther Ndaipalero

ASWO Blantyre DEC 23/02/07

84 Mr Mike Mzumara DWDO Blantyre DEC 23/02/07 85 Mr P. Kantsitsi Director of Planning and

Development Blantyre DEC 23/02/07

86 Mr Petros G. Kamanga

DHO Blantyre DEC 23/02/07

87 Mrs Emma Bello District Lands Officer Blantyre DEC 23/02/07 88 Mr Maybin

Ng’ambi Projects Officer CEPA 23/02/07

89 Mr Mwambene Director CURE 22/02/07 MANGOCHI TOWNSHIP

90 Mr J. Pelani Senior Assistant Fisheries Officer

Mangochi DEC 19/02/07

91 Mr H. B. Chimbeleko

DCDO Mangochi DEC 19/02/07

92 Mr H. D. Mwamvani

Director of Planning Works

Mangochi TCPC 19/02/07

93 Mr W. M. Kalipunde

ADFO Mangochi DEC 19/02/07

94 Mr H.G. Ponde ponde

District water Officer Mangochi DEC 19/02/07

95 J. R. Sadalaki Acting DPD Mangochi DEC 19/02/07 96 E. Mbale Acting DPD Mangochi DEC 19/02/07 97 E. Jailosi Assistant Director of

Forestry Mangochi DEC 19/02/07

98 N. P. Chabuka MISO Mangochi DEC 19/02/07 99 Mike Sandali LA Mangochi DEC 19/02/07 100 Mr Kadzakoya DAC Mangochi DEC 19/02/07 101 Mr Kaliwo Barrage Attendant ESCOM 20/02/07 102 Mr G. Chatepa ESCOM 20/02/07 103 Geoffrey

Chiwandira Chief Samama Samama Village 19/02/07

104 Koloko Chikonda Villager Samama Village 19/02/07 105 Harry Chiwandira Villager Samama Village 19/02/07 106 Maliro Solomoni Villager Samama Village 19/02/07 107 Yster Kamwendo Villager Samama Village 19/02/07 108 Eliza Chiwandira Villager Samama Village 19/02/07 109 Magdalenna Ndala Villager Samama Village 19/02/07


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