China - Second Fujian Provincial Highways Project : resettlement action plan (Vol. 2 of 6) : Hua'an Road Section

RP- 12 VOL.2   Preface As one section of the national highway artery between Tongjiang in Heilongjiang Province and Sanya in Hainan Province approved by the State Council,Zhangzhou-Zhao'an Expressway,located in Fujian Province,is not only one of the key highway construction projects planned by the Ministry of Communications of China but .one of the key highway construction projects of Fujian Provice in the Ninth-Five years.It is planned to be open to traffic in 2001. Passing through 4 counties of Zhangzhou City, the Zhangzhou- Zhao'an Expressway is located in the economy, technology,industry, resources and intelligence reletively highly concentrated and urbanized area of Fujian Province. Its completion will no doubt play a great role in promoting the socio-economic development, accelerating the circulation of goods and materials and expanding the exchanges between different areas in Fujian Province and even the whole country. Hua'an County is located in the mountainous area in the north of Zhangzhou City. Hua'an section of the Zhangzhou-Hua'an Road is of a low class with poor road conditions. This project after completion will play an important role in developing local mountainous economy and satisfying the need of the traffic increase. It will create a fast passage in Central Fujian Province, linking up nearby Zhangping City, Anxi County and Yong'an City. It can also connect the local road network to the Expressway, which will give full wing of the overall function and benefit of the local road network. This RAP is prepared according to the Land Administration Law of the People's Republic of China, local laws and regulations of Fujian Province and China Highway Project Resettlement Model Plan (draft) of the WB. This RAP is a carefully prepared detailed plan, which aims to appropriately resettle those affected by the project  and have them benefit from the project, improving or at least maintaining their living standards as before the project construction. During the data collection and preparation of the RAP, we get much help from Fujian Provincial Traffic Planning and Design Institute and the traffic bureaus, land administration bureaus and resettlement offices along the expressway.Please let us to express our sincere thanks to them.  Objectives of the RAP and the Definition of Resettlement Terminology. This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, and Fujian Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OD 4.30). The purpose of this document is to set out an Action plan for the Resettlement and Rehabilitation of the Project Affected Persons (PAPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. PAPs include the following categories: a) persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land) or any other asset acquired or possessed, in full or in part, permnanently or temporarily; b) persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or c) persons whose standard of living is adversely affected as a consequence of land acquisition. A definition of PAPs is given below: Definition of the PAPs: "Affected Persons" means persons who on account of the execution of the project had or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation. work or place of residence or habitat adversely affected, and "affected Person," means individually all those who qualify as "Affected persons." PAPs may be individuals or legal persons such as a company, a public institution. Definition of PAPs is not limited to their legal registration or permission to live or conduct business in the affected location, or their title to property Thus, it includes: a) all those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) persons without residential pennit to live in a certain area. Therefore, all such persons who are affected will need to considered and recorded as PAPs, regardless of their legal connection to assets land or location.  If there are more than one person, family or household using or holding a title to the same land or property that is acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impact on their living standards. The definition of PAPs is linked directly to the adverse effect of the project, regardless of legal rights title or interest. All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deduictions or discounts will be applied to the compensation amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permissions to the assets. The term RESETTLEMENT includes: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are affected; c) restoration (or compensation) of affected productive resources such as land, work- places, trees and infrastructure; d) restoration of other adverse effect on PAPs' living standards (quality of life) through land acquisition (such as the adverse effects of pollution); e) restoration of or compensation for affected private and public enterprises; and f) restoration of adversely affected on cultural or common propert. Rehabilitation means: the restoration of the PAPs' resource capacitv to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels. To achieve these objectives the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public property. Infrastructure and cultural propertv will also be improved or at least restored to their pre-project levels.  Hua'an Section of zhangzhou--Hua'an Highwgy Lo-cat ion Map I1:750.000) ''.i; / _,iv: LL . _ .,' fM-~~~~~ A u X - - \.e,.~XE Zhangzhou-L4ongyan Exress av n >n ti < g 4 - ~~~~~~nzkarou-Zhao an ExpresswaY.\! 7< es~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~X 414' 11 ID -e 931 - --_o< M _ _ ; _ _ i 24112e37t~~~~~~~~92151E1455 / / g t*t iARMss* (ge ALvS~~~~~~1 1 6 35 16 _.:~~~~~~~~~~~~~~i3534 9"lT74v  b  Contents Chapter Onc Introduction to the project 1. Brief introduction to Hua'an Section of Zhangzhou-Hua'an Road 2. Project affected and benefited areas .................... 2 3. Socio-economic backgrounds in the project area .............. 2 4. Mcasures to minimize resettlemefit ........................... 4 5. Tcchnical and economic feasibility study .................... 4 6. Preliminary design and design of construction drawings ...... 5 7. Project employer and organization ........................... 5 8. Social survey ............................................... 5 9. Preparation of the RAP ...................................... 8 IO.. Schedule of project preeparation,construction and execution. 8 11. Land use permit,resettlement and reconstruction ............. 8 12. Compensation criteria ....................................... 9 Chapter Two Project influence 1. Land acquisition ............................................ 10 2. Affected buildings ................................. 11 3. Loss of emplovment opportunities in agriculture.enterprises and public organizations ................................. 15 4. Affected infrastructure ........................ ......... 16 5. Temporary land occupation ................................. 17 6. Loss of crops ..................................... 18 7. Loss of other properties ................................. 18 8. The affected person ................................. 19 9. Influence on the vunerable group ............................. 20 Chapter Three Legal framework 1. Policies ................................. 21 2. Compensation criteria ................................. 34  Chapter Four Estimate and budget of the compensation fcc 1. Capital flow .......................... 38 2. Basic cxpenses .38 3. Administrative overhead .41 4. Incidentals .41 5. Other expenditure .41 Chapter Five Resettlement and rehabilitation action plan 1. Demolition and reconstruction of buildings .42 2. Rehabilitation infrastructure .47 3. Compensation for other ground objects on acquired land .................... ................. 48 4. Resettlement of the fragile community .48 5. Resettlement relating to employment .48 6. Resettlement relating to land acquisition .50 7. Schedule of resettlement activities .54 8. Schedule of release of resettlement subsidy.-56 9. Resettlement information booklet .56 Chapter Six Organization 1. Establishment of organization .57 2. Duties .57 3. Resettlement leading group .60 4. Staffing of the resettlement offices .60 a. Professional -training for the staff of resettlement offices .61 6. Organization chart .................. 61 7. Institutional strengthening and training .62  Chaptcr Scvcn Public participation and consultation 1. Extensivc public participation .......................... 63 2. Regular resettlement meetings ............................ 64 3. Public opinions and revisions based on them ............. 64 4. Modc of participation of the affected ................... 65 5. Rcgular public consultation meetings .................... 66 6. Mode of participation by the affected and the public during cxecution of land acquisition and resettlement ... 66 7. Schedule of public participation and consultation ....... 66 8. Role of independent monitoring organization in public participation and consultation .......................... 67 Chapter Eight Appeals ...................... 68 Chapter Nine Monitoring ...................... 70 Chapter Ten Reporting 1. Internal reports .................... 73 2. Reports from provincial resettlement office ............. 76 Chapter Eleven Summary of responsibilities for resettlement compensation ...................................... 78 Appendix ..... 79   Chapter One Brief Introduction to the Project 1. 1 Brief introduction to Hua'an Section of Zhangzhou-Hua'an Road This project is an vital communications line running through Hua'an County as well as the shortest passage between Zhangzhou and Zhangping Cities. Preparation of the feasibility study report for the project started in October 1998 and ended in December 1998. The preliminary design is to start in March 1999 and expected to finish in May 1999.Design of the construction drawings is to start in June 1999 and end in August 1999. The project is planned to commence in September 1999 and finish within two years. With a total length of 41.73km,Hua'an Section of the Zhangzhou -Hua'an Road starts at Tankou on the border between Hua'an County and Zhangzhou City, runs up the Jiulong River and ends at Hua'an County gate. This project goes north to Zhangping City and gets connected to Zhangzhou Section of the Zhangzhou-Hua'an Road to the south. Its subgrade is 12m wide and traffic lanes are 9m wide. The design speed is 40km/h. It will be built into a Class Two road with two lanes. The major quantities are shown in Table 1-1 below. Table 1-1 Major Quantities for Hua'an Section of Zhangzhou-Hua'an Road (Recommended Scheme) item unit quantity length of alighment km 41.73 earth and rock m3 1784200 incl. earthwork 7 m3 739200 rock work m3 1045000 subgrade drainage and protection works M3 55088 cement concrete pavement m2 347170 culvert num. 102 small and medium-sized bridges m/num. 706/26 large bridge m/num. 376.58/2 tunnel m/num. 2350/2 take-over for use or lease of land mu 167.5 demolition of buildings mu 10192 .1.  1. 2 The project affected and benefited areas Hua'an Section of the Zhangzhou-Hua'an Road runs through such four towns as Fengshan, Shajian, Xinxu and Huafeng of Hua'an County, with 14 administrative villages (farms and forest farms) affected. This project will very much improve the traffic conditions in the project area and help develop local agriculture and industry and raise the standard of living of local people. 1.3 Socio-economic backgrounds in project area Situated in the far north of Zhangzhou City and adjacent to Zhangping City of Longyan City, Hua'an County is a northern mountainous county in the Zhangzhou Municipal Zoning Map, with 89% of its land in the mountainous area. Based on these actual conditions, the county have made the development target that is to develop the county depending on the mountains and enrich the farmers by developing agriculture. Priority has been given to develop such eight leading industries as wood and bamboo, fruit, edible fungus, vegetable, tobacco leaf, sugar cane, husbandry and green food, and remarkable benefits have been achieved. In 1997 the total yield of grains was 76970 tons,358kg per mu.485kg per person (the totoal population of the county being 158627) - the per- capita share of grains ranks second in Zhangzhou City; the forest industry develops continuously. The percentage of forest cover of the whole county is 59% The wood accumulation reaches 3, 506, 300m3; There is rich water power resources. In 1997 the hydroelectric energy production was 558.73 million KWh. Hua'an Hydraulic Power Station,the biggest in the county,generates energy for 360 million KWh annually on average. Three processing industries in relation to wood and bamboo, jade and food have been developed,which brings an annual output value of 280. 75 million RMB representing 37. 39% of the total industrial output value and has become the main motive force of the industrial development of the county. In addition, there is rich rock resources.The most typical one,the Jiulong(Nine -Dragon) Rock is Calco-silicon hornstone, looking like marble but superior to granite.With fine smooth finish and compact structure, it is exceIlent rock for handicrafts and high-class building .2.  materials. The county is surrounded by mountains and rivers with rich tourism resources to be developed. Survey shows that in the affected towns the per-capita floor space is m2, the per-capita cultivated land occupation between 0. 4mu and mu, the per-mu rice yield of both havest seasons between 300kg and 400kg. People in the affected towns are mostly mainly farming. The main crops include rice, yam, beans and fruits. There are also some township and private enterprises engaged in building materials, handicrafts and non-metallic products. During the six years between 1992 and 1997, the GDP of Hua'an County rose from 220 million RMB to 651. 97 million RMB (the 1990 price) with a total growth rate of 196. 35% and an annual growth rate of 24. 27