Ghana - Land Administration Project : environmental assessment

E689 January 2003 REPUBLIC OF GHANA MINISTRY OF LANDS AND FORESTRY LAND ADMINISTRATION PROJECT ENVIRONMENTAL IMPACT ASSESSMENT REPORT Accra January 2003 ILE COPY Table of Contents Page Executive Summary...................................... 1 A. Introduction........................................ 4 B. Environmental Impact Assessment Requirements..................... 5 The Ghanaian Situation.. .............................. 5 World Bank Policies and Procedures...................... 5 C. Summary of Project Proposals...............7..........7 Proposed LAP Activity........................1...........1 D. Methodology for Developing the Environment Assessment............ 12 Desktop Review...................................... 12 E. Baseline Information................................... 13 Ghana Land Administration Project -Selected Pilot Areas............. 14 Summary of Baseline Information.. ........................... 15 F. Identification of Potential Environmental Impacts... ............ 16 G. Environnemental Mitigation Plan................. ......... 20 Environmental Mitigation Plan Summary Table... ................. 24 H. References.......................................... 26 2 GHANA LAND ADMINISTRATION PROJECT Environmental Impact Assessment EXECUTIVE SUMMARY 1. The Land Administration Programme is a long-term commitment by the Government of Ghana to reduce poverty and enhance economic and social growth by improving security of tenure, accelerating access by the populace to land and fostering efficient land management. It is a 15-year programme to be organised in three 5-year phases. The first five-year phase is the Ghana Land Administration Project (LAP). 2. The general objectives of the LAP are to harmonise the policy and legislative framework needed to support the development of the Land Administration Programme, formalise institutional arrangements in a strengthened and decentralised land administration system, improve security of tenure and develop a sustainable, self financing system. The project therefore strongly favours environmental protection. 3. The project design is based on certain pre-implementation activities that aim to demonstrate readiness for the project and provide a degree of continuity between the design and implementation of LAP. These activities include: * Strengthening of the Project Implementation Management. * Organisation Management and Operations (OMO) study of the Land Sector Agencies. * Design and specification of civil works * Small-scale pilot studies to prototype: i. Allodial Boundary Demarcation and Registration ii. Systematic Titling and Registration 4. Most of the outputs envisaged will be achieved through studies and reviews but others, related to Formalising Institutional Arrangements in a Strengthened, Decentralised Land Administration System and Improving Security of Tenure, will involve activities that may have environmental impacts. The proposed activities include construction of new buildings for the Land Sector Agencies in Accra and Kumasi and for the Institute of Land Management, Department of Geodetic Engineering and Department of Land Estate Management, all of the Kwame Nkrumah University of Science and Technology, Kumasi as well as for the proposed Department of Surveying at Kumasi Polytechnic. 5. With respect to the World Bank Safeguard Policies, the proposed activities will trigger the Safeguard Policies on Environmental Assessment (OP 4.01) Against the requirements of the Ghana Environmental Assessment Regulations (1999) LI 1652, the project activities will trigger Schedule 2, Undertakings for which EIA is mandatory, Sub-sections 8 (Housing) and 9 (Infrastructure). They will not trigger Schedule 5, Environmentally Sensitive Areas. 6. In general, because of the relatively small area to be cleared, boundary survey and demarcation will only have minor to moderate impacts on the physical environment 7. Civil works will take place in areas that are already highly urbanised and it is 3 perceived that they may have little or no adverse impacts on the physical environments. Impacts, if any, may be associated with an impairment of air quality, noise and vibration and waste production at the construction sites, especially during the construction phase and resulting from dust production and fumes from engine-powered equipment and vehicle. It is perceived that during the construction phase the use of heavy equipment and construction vehicles and the removal of topsoil, tipping and stockpiling of sand and stone and wood work will increase the level of dust and waste in the working area. Also, fumes from construction equipment and other vehicles could increase the concentrations of carbon monoxide, nitrogen oxide, hydrocarbons, specific particulate matter and lead in the air. Noise and vibration may occur from vehicular movement and as a result of construction activities such as drilling and concrete mixing. Furthermore, solid waste may be generated in the form of excavated soils, pieces of discarded wood and blocks, paper, nails, glass and other unused building materials. Workers involved in the construction will also produce solid and liquid wastes. Since engine- powered equipment will be at work there could be occurrence of spillages of used and new oil and lubricants. Used oil and lubricant production could also pose health and safety hazards. 8. No negative impacts on the biological environment are expected from the civil works since the construction sites will occur in built up areas where no disturbance, loss or destruction of the ecology, biodiversity or biological status of the areas is anticipated. Plant species (predominantly neem, mango, pawpaw) regarded as opportunistic and pioneer species and growing on the construction sites can be found every where in the country and their removal may not constitute loss of any particular species. The project will replace the removed plant species. It is recommended that before their execution, all the civil works should be collectively subjected to an EIA where further details on the above and other considerations such as land preparation, drainage and erosion and traffic conflicts would be taken into account. Funds for the preparation of project-specific EIA, estimated at US$ 50,000 will be sourced from the total cost of civil works, US$ 7.6m or from the funds allocated for training and consultancy services, which amount to US$ 3.2m. 9. Additional mitigation measures have been addressed in the EA report and these include actions to be taken by the civil works contractor recruited to implement the construction sub-projects. These will include the following: * Maintaining and operating vehicles and other equipment in accordance with the manufacturer's specifications to minimise the emission of hydrocarbons, smoke and particulates; * Regularly dousing the work sites with water to reduce dust levels; * Ensuring that equipment is well maintained and operated within the EPA guidelines on ambient noise; * Providing proper sanitary facilities such as portable toilets at the construction site for the workers to prevent pollution of nearby environs; * Transporting at regular intervals construction wastes and disposing these appropriately; * Providing all construction workers with protective clothing such as nose masks, helmets and boots and ensuring that these are worn on a mandatory basis; and * Providing a well-stocked first aid box to cater for minor injuries and illness at the construction site. 4 10. With respect to the social environment, workers and other people at the construction sites could be exposed to injuries through falling into open holes and trenches, falling from heights, cuts from sharp objects and inhalation of dust, fumes and cement. Fire outbreaks may also pose hazards to both humans and equipment during the construction phase. 11. The EA report indicates that the World Bank's Safeguard Policy on Involuntary Resettlement (OP/BP 4.12) is triggered because the construction of the headquarter building for Accra-based land sector agencies on a state-owned land in Accra may result in physical displacement of the present occupiers (mainly squatters), who may lose shelter, lose assets and access to assets such as land and property, and lose income sources or means of livelihood. A Resettlement Policy Framework (RPF) has been developed (this has been annexed to the main EA document) to address and mitigate impoverishment risks likely to be associated with the sub-project. It was also agreed with Government of Ghana that a Resettlement Plan (RP) will be prepared by the Borrower, discussed and cleared with the Bank and implemented before commencement of implementation of the work component, particularly at the Accra site. 12. Also, in spite of the proposal that representatives of stool/skin areas will be involved in boundary surveys, mapping and demarcation, disagreements may occur, leading to community conflicts. The project will avoid any such areas where the potential for conflict is imminent. 13. The Environmental Protection Agency (EPA) of the Ministry of Environment and Science has adequate capacity to ensure compliance monitoring of health and safety standards as well as building guidelines related to civil works. Project-related environmental impact assessment on all civil work components that will be prepared by the implementing agencies will be approved first by the EPA prior to commencement of construction work. The implementation of the RPF and RP and any other proposals on compensation payment will be done by the Ministry of Lands and Forestry in collaboration with the Ministry of Finance. 14. The project has earmarked funds for monitoring implementation of the EA and RPF/RP and evaluating the short to medium-term impacts/benefits resulting from resettlement on income source and livelihood of project-affected. 5 A. INTRODUCTION 1.1 Most ecosystems in Ghana have experienced a high level of degradation in recent years. Much of the responsibility for this can be attributed to the weakness of law enforcement and the inability of land administration and management agencies to prevent development activities that are not sustainable. The Ghana National Land Policy (1999) emphasizes the need to ensure sustainable land management and development in the future. 1.2 The Land Administration Programme is an attempt to implement much of the framework for action contained in the National Land Policy. It is a long term commitment by the Government of Ghana to reduce poverty and enhance economic and social growth by improving security of tenure, accelerating access by the populace to land and fostering efficient land management by the development of an efficient system of land titling, registration and administration based on clear, coherent and consistent policies and laws supported by appropriate institutional structures. 1.3 The five primary objectives of the Programme are to: * Develop a clear coherent and consistent set of land administration policies and laws; * Ensure formal recognition of the rights of all categories of land holders and facilitation of recording of these rights in an enhanced and decentralized land administration system; * Establish an efficient decentralized land administration system operating throughout Ghana in accordance with Government policy and compatible with cultural usage and responsive to the needs of the people, within a self sustaining financing mechanism; * Establish an up to date efficient land information system that supports good land records management and transparent transactions in land; and * Develop a well functioning land market operating in both urban and rural areas. 1.4 The Land Administration Programme is a 15-year programme is to be organised in three 5-year phases. The first five-year phase is the Ghana Land Administration Project (LAP). This Working Paper provides an environmental assessment of the various components of the Land Administration Project. 1.5 The objectives of the environmental assessment are to: * Document the environmental impact of the project, * Develop strategies to mitigate adverse environmental impact, * Recommend pre-implementation activities bridging the period preparation and project implementation. 1.6 The Working Paper is primarily concerned with developing sets of policies that will enhance more sustainable land development practices. Key performance indicators expected from the LAP include a streamlined land planning and development approval system and the formation of partnerships and alliances between customary authorities and government authorities to improve the management of land in urban and rural areas. 6 B. ENVIRONMENTAL IMPACT ASSESSMENT REQUIREMENTS The Ghanaian Situation 2.1 The National Environmental Policy (EPA, 1991) aims at ensuring sound management of resources and the environment and to avoid any exploitation of these resources in a manner that might cause irreparable damage to the environment. The policy endorses the preventive approach to environmental management and emphasises the need to promote socio-economic development within the context of prescribed acceptable environmental standards and safeguards. 2.2 In Ghana, Environmental Impact Assessment (EIA) is recognised and applied to most development projects. In this regard, procedures have been established to screen and evaluate all developments; undertakings, projects and programmes that have the potential to give rise to significant social and environmental impacts (EPA, 1995). 2.3 Under Ghana's environmental legislative framework, for example, the Environmental Assessment Regulations of 1999 (L.I. 1652), an EIA is mandatory for seventeen (17) types of activities classified as environmentally critical. These include mining, petroleum and gas field development, construction of dams, harbours and roads, logging and waste disposal. 2.4 The procedure for an EIA under L.I. 1652 is as follows: * Registration of proposed development at EPA * Screening by the EPA * Scoping Report/Terms of Reference to be done by the proponent * Environmental Impact Statement to be done by the proponent 2.5 The complex problems arising from lack of security to land and tenure cannot be tackled entirely by the EPA Act 490, (1994) and the subsequent Environmental Assessment Regulations, LI 1652 (1999). The solution to environmental problems related to land administration and development lies in the integration of these and other statutory provisions (such as those related to land, human settlements and water) and customary arrangements into the implementation of the LAP. Alternatively, an integrated planning law should be a long- term goal to give Government the basis for effectively linking up the various spheres of development activities in Ghana. World Bank Policies and Procedures 2.6 The purpose of the World Bank's policy and procedures for Environmental Assessment (EA) are to ensure that development options under consideration are environmentally sound and sustainable and that any environmental consequences are Recognised early and taken into account in project design (World Bank 1996). On the basis of screening, the Bank assigns projects to one of four categories depending on the nature, magnitude and sensitivity of the environmental issues. The categorisation of projects is done at the screening stage and the environmental assessment is done by referencing a number of safeguard policies that cover environmental assessment, agricultural pest management, natural habitats, forestry and safety of dams, among others. 7 2.7 The categories are: (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 may affect an area broader than the sites or facilities subject to physical works. I (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. (c) Category C: A proposed project is 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 Bank funds through a financial intermediary in subprojects that may result in adverse environmental impacts. The Ghana Land Administration Project has been classified as category B project. 2.8 Other outputs of the screening process include the identification of the key environmental issues and recommendations on the type of environmental analysis. The Bank has specific guidelines on global and trans-boundary issues covering atmospheric pollution, international treaties and international waterways and on cross-sectoral issues including biodiversity, wetlands, coastal zone management and land and water resources management. 2.9 With respect to land titling and inheritance, the World Bank (1996) points out that although women often hold land in their own right, most settlement schemes seem to assume that wives are there to assist their husbands regardless of the type of division of labour normally practised. This may work well in cases where the returns from farming are shared between men and women otherwise the issue needs close attention. These issues are not only related to equity but to the environment. Land tenure issues are also of concern in forestry projects where there are often overlapping rights for lands, which include state-recognised as well as customary tenure and or systems of concessionary use rights to products. 2.10 The Bank also expects that affected groups and local NGOs would be consulted and their views fully taken into account in project design and implementation, and in particular in the preparation of EAs. The purpose is to improve project viability and quality. 8 C SUMMARY OF PROJECT PROPOSALS 3.1 The Land Administration Project has the objectives of: * Harmonising the policy and legislative framework for suitable land administration by: fostering a link to land use planning; encouraging the active participation and engagement of customary land owners; and defining clear and complimentary roles for land sector agencies, district assemblies, customary authorities and the private sector; * Formalising the institutional arrangements in a strengthened and decentralised land administration system, strengthening the land sector agencies, developing a model of a decentralised 'one-stop-shop' and strengthening customary secretariats; * Improving security of tenure by developing and testing systems and methodologies to determine boundaries of customary-held lands, undertake systematic land titling in areas where it is viable, and to agree on approaches in areas where alternatives to titling seem more appropriate; and - * Strengthening revenue generation within the framework of developing a sustainable, self-financing land administration system. 3.2 The details of the project are presented in Table I below. These are considered in detail in the Project Design and Implementation Plan, which is a separate volume to the Project Preparation Report and Working Papers. 3.3 The project design is based on certain pre-implementation activities that aim to demonstrate readiness for the project and provide a degree of continuity between the design and implementation of LAP. These activities include: * Strengthening of the Project Implementation Management. * Organisation Management and Operations (OMO) study of the Land sector Agencies. * Design and specification of civil works. * Small-scale pilot studies to prototype: a) Allodial Boundary Demarcation and Registration; and b) Systematic Titling and Registration 3.4 Most of the outputs envisaged will be achieved through studies and reviews but others, related to Output 2, Formalising the Institutional Arrangements in a Strengthened, Decentralised Land Administration System and Output 3, Improving Security of Tenure, will involve other activities that may have environmental impacts. The details are as follows: 9 Models for "One Stop Shop" Land Administration Offices 3.5 Under the sub-component 'Strengthened, Decentralised Land Administration Services', integrated user-friendly one-stop-centres will be established initially at central level and subsequently at regional and district levels in order to make the land administration services more accessible and responsive to the community. It is proposed to establish the one- stop-shop concept in the new land sector offices in Accra and Kumasi in the initial instance to be followed up with 3 district offices. Similarly, existing customary secretariat offices (in the Kumasi Traditional Council and Gbawe family land in Accra) are to be enhanced as pilots for extended establishment and development of further two secretariats. Capacity Building of Land Sector Institutions 3.6 The Project will provide funds for the construction of purpose-designed buildings in Accra and Kumasi on state-owned lands for public land sector agencies and academic institutions and on customary-held lands for a few traditional land secretariats. Specifically, the project will support institutional capacity building and strengthening by providing funds for expansion of existing training facilities (including office accommodation) and supply of equipment for the following tertiary institutions: * The Institute of Land Management and Development at the Kwame Nkrumah University of Science and Technology in Kumasi, * The Department of Geodetic Engineering at the Kwame Nkrumah University of Science and Technology in Kumasi, and * The existing Department of Land Estate Management and the proposed Department of Surveying at the Kumasi Polytechnic in Kumasi. Delineation and Registration ofAllodial Rights 3.7 As part of the component on 'Improved Security of Tenure' and within the sub- component on 'Delineation and Registration of Allodial Rights', LAP will seek to overcome the problem of indeterminate boundaries of stool/skin lands by a series of pilots in which the boundaries of selected stools would be defined. 3.8 The pilot will focus on the demarcation and registration at the allodial level by building on the work completed in the Ashanti region under the Ghana Environmental Resource Management Project (GERMP) and recent pilot activity undertaken by the Survey Department for six stools in the Weija Sub-district to the west of Accra. On completion of the pilot it will be evaluated and serve as the basis for an expanded boundary demarcation and registration exercise (Working Paper 4). 3.9 With the aid of the GERMP database and other data available, the following areas have been selected as the pilot sites in accordance with the criteria previously identified: * Ejisu Traditional Area; * Bolgatanga; and * Wassa Amenfi Traditional Area 3.10 Using data from the GERMP and the most recent topographical mapping, the description of the boundary of the stools should be defined to serve as a base for the field demarcation. 10 3.11 Demarcation, survey and mapping will include the following activities: * Aerial photography should be acquired at 1: 10,000 or 1:20,000 scales. * Preparation of map of the areas concerned showing the boundaries together with existing discrepancies and areas of disagreement. This map would be used in discussions with stool chiefs, elders and other representatives during adjudication, * Following initial adjudication and decisions on boundary locations using the maps and photographs, the boundaries would be transferred to the ground in the company of representatives from the relevant stool/skin areas who would consult to resolve any uncertainties that might arise in selecting ground points. * Boundaries would be demarcated in the field using permanent marks constructed of concrete in accordance with standard specification. * Coordinates of the boundaries would be calculated and a coordinate list compiled. 3.12 Demarcation and survey is a critical activity in defining and permanently marking the boundaries so as to reduce the opportunity for future disputes. However previous experience has shown that the survey and mapping is straight forward and with the use of modem equipment and procedures should proceed relatively quickly with limited disturbance of the surrounding environment. With respect to systematic titling, some 20 districts have been declared covering most of Greater Accra and this widespread coverage required the Survey Department to cover large areas with cadastral survey plans to meet the sporadic applications for title registration. Pilot activities will be within these districts. While urban development in the past may have proceeded without proper planning and development permits, the systematic activities of the LAP will not, in themselves, contribute to any further adverse environmental impact. On the contrary the elimination of doubt over land ownership, integrated with appropriate planning procedures, will make a positive contribution to the urban environment. 11 Table 1: Proposed LAP Activity Comonent Sub-Component AgivitLif necessary) Reference to Detail 1. Harmonious 1. Detailed inventory 1.1.1 Preparation of data bases WP I- Policy and policy and legislative on compulsorily in Land Commission and LVB Legal framework for acquired land. sustainable land administration. 1.2 Revision of laws 1.2.1 Collate findings and WP I--Policy and and regulations to recommendations from existing Legal support the policy reports in consultation with the framework for land Law Reform Commussion and administration, the Statute Revision Comiittee including landuse Tannin and valuation. LandCommss 2. Formalisina the 2.1 Restructured. 2.1.1 Orlanisation Manadement WP 2 - Institutional institutional strengthened and an Operations study. Restructure, Human arrangements in a sustainable institution Resources and strengthened for land administration. Capacity Building - decentralized land NLP Section 5.5 administration 2.1.2 Business model for the system. management of land sector Agencies 2.1.3. Human Resource management and Development study. 2.2 Strengthened, 2.2.1 Pilot models for One Stop WP 4 - Strengthened decentralized land Shop: land admnistration Decentralised Land administration services. offices operating in selected Administration pilot areas. Services - NLP Section 5.5 2.2.2 Pilot Operational secretariats transparently administeing land in selected pilot areas. 2.3 Strengthened land 2.3.1 Capacity building of land WP 2 - Institutional administration system. sector institutions - customary Restructure, Human authorities, land sector agencies, Resources and private sector and educational capacity Building. and R&D institutions. WP 4 Strengthened Decentralised Land 2.3.2 Facilitation of data flows Administration between customary authorities Services. secretariats and land sector agencies. WP 4 - Strengthened Decentralised Land 2.3.3 Strengthened land titles Administration system strengthened deeds Services. NLP system in areas where titles will Section 5.3 not be available for some time. Component Sub-Component Aciyif necessary) Reference to Detail 2.3.4. Strengthened valuation system WP 5 - Land Valuation 2.3.5 Strengthened survey, mapping and LIS capacity WP 3 - Cadastral Mapping and LIS - NLP Section 5.3 2.3.6 An active, two-way communications, Information WP 8 - Social and Education (CIE) program. Analysis NLP Section 5.3 3. Improved security 3.1 Delineation and 3.1.1 Efficient field-proven WP 4 - Strengthened of tenure. registration of allodial techniques to delineate, Decentralised Land rights. demarcate and survey allodial Administration nghts - including dispute Services. resolution. NLP Section 3.2. Accelerated land 3.2.1 An accelerated program of WP4 - Strengthened titling land titling in carefully selected Decentralised Land areas, including the development Administration of efficient field proven Services. NLP techniques to resolve disputes Section 5.3 and investigations into the clarification into the clarification of the hierarchy of customary WP I- Policy and land holdin authorities. Legal 4. Strengthened 4.1. Investigation of N/A WP 5 Land Valuation revenue generation simpler and alternative WP 7 - Fees and within the framework ways to identify, value Finance of developing a and collect land fees, sustainable, self- taxes and revenue and Financing land study of changes administration required in policy and system. legislative framework to support iMlementation. 13 D. METHODOLOGY FOR DEVELOPING THE ENVIRONMENT ASSESSMENT 4.1 Desk Review The consultant reviewed baseline information for the EA gathered from a comprehensive review of reports and studies on land management/administration and environmental conditions in Ghana existing both within and outside public land sector agencies. A major reference document was the project preparation report on land administration prepared in 2001 for the Ministry of Lands and Forestry by Hatch Associates Pty Ltd of Australia. 4.1.1 Biophysical Data All the biophysical data is secondary. The Environmental Assessment report utilised a number of documents including the reports on (i) land use (Agyepong et al., 1994), (ii) national environmental issues (EPA, 1994), and (iii) forest ecology (Hall and Swaine, 1976). 4.1.2 Socio-Economic Data Socio-economic data was obtained from a review of the provisional results of the 2000 Ghana Population and Housing Census and other literature on socio-economic conditions (GOG/UNEP, 1994). 4.2 Field Visits The consultant made field visits to the areas earmarked for pilot activities during which observations pertaining to potential environmental impacts were made and individuals and various groups of people interviewed. 4.4 Stakeholder Participation and Consultation The major stakeholders who were consulted and were involved in the preparation of the project's environmental assessment include public and private organizations as well as civil society. Among the public sector agencies the Ministries of Lands and Forestry; Local Government and Rural Development; Environment and Science, Forestry Commission, Lands Commission and Environmental Protection Agency were adequately consulted. In addition, those district assemblies for which the pilots have been earmarked were consulted. The Kwame Nkrumah University of Science and Technology (KNUST) and the Kumasi Polytechnic, both in Kumasi for whom civil works are earmarked were also consulted. Civil society entities that were involved and consulted included NGOs at national and regional levels, community-based organizations, women and youth groups, traditional authorities and councils, tindanas and land owners). In view of their direct participation in the project, visits were made to selected communities and villages where discussions were held with key stakeholders groups in order to discuss and address environmental and social concerns related to the proposed project. At a one-day national workshop in Accra on December 19, 2003, the EA including the RPF as well as the Social Assessment were publicly disclosed. Comments and recommendations from this workshop have been fully incorporated into the final document. 14 E. BASELINE INFORMATION 5.1 Although the LAP will cover all of Ghana, the project will specifically cover Accra, Kumasi and other areas that have been selected for pilot activities. The details are summarised below. Table 2: Ghana Land Administration Project - Selected Pilot Areas Location/Selected Sites District Region Project Interventions/Activity Accra Accra Metropolitan Area Greater Accra Civil works; Boundary survey and demarcation Weija and Gbawe Ga Greater Accra Boundary survey and demarcation Kumasi Kumasi Metropolitan Ashanti Civil works; Boundary survey Area and demarcation EJisu Traditional Area EJisu-Juaben Ashanti Boundary survey and Demarcation Bolgatanga Bolgatanga Upper East Boundary survey and Demarcation Wassa Amenfi Wassa Amenfi Western Boundary survey and Traditional Area Demarcation 5.2 With the exception of the strand/mangrove formations in the south of the country, the project is evenly spread, covering three of the four main vegetation formations in the country. These are the closed forest (high forest zone), northern savannas and coastal savannas (Hall and Swaine, 1976). 5.3 Ghana is located in one of the world's important biodiversity areas (GOG/UNEP, 1994). The forest environment has the greatest biological biodiversity with 200 mammal species and up to 300 plant species recorded from a single hectare. Elephants and several species of primates including the bongo, chimpanzees, and duikers occur in the forests. Birds such as the forest hornbill, white breasted guinea fowls and the African grey parrot are also notable. Ghana has the richest butterfly fauna in West Africa with about 450 species recorded for the Kakum National Park alone. The savanna environment also supports an array of plant and animal species. At least 46 larger mammal species have been recorded in the Mole National Park in the northern savanna vegetation zone. These include elephants, hippos, lions, leopards, hyenas, buffaloes and antelopes. Surveys have recorded up to 2,180 species of savanna plants. 5.4 The major land use activities in Ghana include agriculture, forestry, gathering of biological resources, settlements, construction, tourism and recreation, transportation and infrastructure, energy development and livestock rearing (Agyepong et al., 1994). Agriculture is the most important land use category in Ghana in terms of area involved and the proportion of the population depending on it for their livelihood. Forest land use is related either to the reserved forest or the unreserved system where the main activities are timber exploitation, harvesting of so-called non-timber forest products and water catchment protection. There are about 260 forest reserves and 21 wildlife-protected areas (including 5 designated Ramsar sites) scattered all over the country. 5.5 Human activities, especially encroachments for farming, timber harvesting, and hunting have impacted negatively on all the different vegetation types and led to drastic changes or destruction of faunal habitats and subsequent decrease in diversity of wildlife species. The remaining faunal species have generally retreated into the forest reserves. Summary descriptions of the various locations are presented below in Table 3. 15 Table 3: Summary of Baseline Information District Vegetation Topography Population** / Biodiversity and alimate* Urbanisation Accra Coastal Flat to gently rolling, 1,657,856 There are few areas of Metropolitan Strand and about 75 m above sea Highly urbanised significant conservation value as Area mangrove level with the lowest a result of the impact of intense formations rainfall in Ghana human activities. Ga Coastal Flat to gently rolling, 556,581 This area includes the Densu Strand and about 75 m above sea Pen-urban and Delta, designated a Ramsar Site mangrove level with the lowest rural because of its importance for formations rainfall in Ghana, migratory bird populations and 900 mm. contribution to conservation of biodiversity in the coastal zone. However, the pilots selected for th eproject are not within the Ramsar Site Kumasi Moist semi- Undulating. 250-300 m 1.017.246 Patches of vegetation occur Metropolitan deciduous above sea level with high Highly urbanised around the metropolis but these Area Forest annual rainfall, 1400 mm. are of low conservation value. Northwards, the metropolis is however close to several forest reserves in the Offinso District. However, the pilots selected for the project do not lie in forest reserves. EJisu-Juaben Moist semi- Undulating, 250-300 m 120,968 Population pressure and deciduous above sea level with high Pen-urban and associated human activities have Forest annual rainfall, 1400 mm. rural resulted in the onginal forest cover degenerating into secondary forest with declining faunal diversity. Bolgatanga Sudan Flat, about 180 m above 225,864 The open savanna grassland separating low branching thin leafed trees habour a wide array of fauna are important for Savdan snall wh lw an a rura Pbiodiversity conservation. However, the pilots selected for the project will not affect these fauna SouthwestThe District has I1I forest reserves, South west covering 1215 km2, approximately an forst Undulating with the highest 25% of the total area. These areas Wassa Amenfi and moist annual rainfall in Ghana, are significant for biodiversity semi- Mainly rural deciduous about 2000 mm. conservation. However, the pilots Forest selected for the project will not be sited in these reserves. 25Hall and Swaine, 1976 * Ghana Statistical service, 2000 16 F. IDENTIFICATION OF POTENTIAL ENVIRONMENTAL IMPACTS General 6.1 The potential negative and positive environmental impacts of the Ghana Land Administration Project may be categorised into direct and indirect effects. Additionally, it is important to distinguish between short-term impacts, which occur during the initial phases and long-term impacts, which occur during the implementation phase. The general objectives of the LAP are to harmonise the policy and legislative framework needed to support the development of the Land Administration Programme, formalise institutional arrangements in a strengthened and decentralised land administration system, improve security of tenure and develop a sustainable, self financing system. In the identification and evaluation of the potential impacts however, it is necessary to evaluate the actual project activities against applicable environmental policies and guidelines. 6.2 With respect to the World Bank Safeguard Policies, the proposed activities, comprising civil works and boundary survey and demarcation (Table 2), will trigger the Safeguard Policies on Environmental Assessment (OP 4.01). The activities will not trigger other safeguard policies such as Pest Management (OP 4.09) and Indigenous Peoples (OP 4.20). 6.3 Against the requirements of the Ghana Environmental Assessment Regulations (1999) LI 1652, the project activities will trigger Schedule 2, Undertakings for which EIA is mandatory, Sub- sections 7 (Housing) and 9 (Infrastructure). They will not trigger Schedule 5, Environmentally Sensitive Areas as such areas will not be included in the pilot boundary demarcation and titling program. 6.4 From the above analysis and baseline information coupled with information obtained during consultations, it is necessary and relevant to assess the impacts of the LAP with respect to the following Important Environmental Components: 6.5 Physical Environment - * Air Quality * Noise and Vibration * Waste Management Biological Environment - * Biodiversity, Ecology Social Environment - * Health and Safety Potential Impacts on the Physical Environment 6.5 Boundary survey and demarcation will begin with aerial photography and map preparations. Ground activities will involve the transfer of the information to the pilot areas in the company of representatives from the relevant stoollskin areas who would consult to resolve any uncertainties that might arise in selecting ground points. In general, because of the relatively small area to be cleared, boundary survey and demarcation will only have minor, but reversible impacts on the physical environment. These would be mainly aesthetic impacts of short-term duration arising from the cutting of lines through vegetation and forest. 17 6.6 The civil works sub-project will involve construction of purpose-designed buildings in Accra and Kumasi as well as provision of accommodation facilities at the Kwame Nkrumah University of Science and Technology and Kumasi Polytechnic. Although these activities will take place in areas that are already highly urbanised they are unlikely to have significant negative environmental impacts. Likely environmental concerns may be related to slight local modifications in air quality, insignificant rise in ambient noise levels and vibration and production and management of waste, especially during the construction phase. 6.7 It is likely that during the construction phase the use of heavy equipment and construction vehicles and the removal of topsoil, tipping and stockpiling of sand and stone will lead to a rise in the level of dust in the working area. Also fumes from construction equipment and other vehicles would increase the concentrations of carbon monoxide, nitrogen oxide, hydrocarbons, specific particulate matter and lead in the air, albeit insignificantly. The pollutants are emitted in amounts, which increase with engine size and may induce health problems such as coughing, sneezing and eye irritation. Although limited to only the construction phase and localised, mitigation measures are therefore required during the construction phase to reduce the impact on the environment and human health. 6.8 Noise and vibration may occur mainly from vehicular movement on site and as a result of construction activities such as drilling and concrete mixing. It is unlikely that this may impact the environment adversely or cause any marked harm to human health. This notwithstanding, measures are required to be developed and implemented during the construction phase to prevent and reduce the incidence of excessive noise and vibration. 6.9 During the construction phase, waste will be generated in the form of excavated soils, pieces of discarded wood and blocks, paper, nails, glass and other unused building materials. Workers involved in the construction will also produce solid and liquid wastes. In addition, waste may be in the form of spilled or discarded oil and lubricants. Negative impacts, which may pose as hazards to human health and also lead to landscape modifications, will occur if these wastes are not properly disposed of. Mitigation measures are required to minimise these potential moderate impacts. 6.10 There is the likelihood that the implementation of the sub-project on construction will not result in significant positive impacts or benefits on the physical environment. Potential Impacts on the Biological Environment 6.11 Given that the sites selected for the buildings are in built up areas whose biodiversity levels are already at a minimum and therefore are not areas of any significance with respect to biodiversity conservation, it is very unlikely that construction will impact adversely on the ecology of the sites. However, for those areas where customary lands are to be surveyed and demarcated it is likely that some localized, but reversible minor negative impacts on ecology and biodiversity may arise as a result of cutting of lines through vegetation - savannas, woodlands and forests. The incidence or occurrence will be minimised through ensuring that well-trained and qualified surveyors are recruited to do the surveys and demarcation. In addition, a vegetation clearing guidance will be established to determine what species must be preserved and what vegetation must be cleared and how much clearing can be allowed. Furthermore, cuttings will only be permitted with the permission of the surveyor in charge. The replacement of removed vegetation through new plantings will help create new and additional biological resources to the cleared sites. These may serve additionally as live boundaries. Potential Impacts on the Social Environment 6.12 In spite of the proposal that representatives of stool/skin areas will be involved in boundary surveys, mapping and demarcation, disagreements may occur which can lead to conflicts among various communities. It is therefore important that the project establishes conflict resolution mechanisms prior to the commencement of this sub-project to ensure readiness to deal with any conflicts that may emanate from activities related to allodial boundary setting and titling. 18 6.13 The execution of construction works requires excavations, fillings and haulage of materials, among others. Workers and other people at the construction site could be exposed to injuries through falling into open holes and trenches, falling from heights, cuts from sharp objects and inhalation of dust, fumes and cement. Fire outbreaks may also pose hazards to both humans and equipment during the construction phase. These may arise from improper storage of fuel on site or leakages from equipment and vehicles. The impacts are considered negative and significant in the construction phase. Preventive and mitigation measures are required to deal with an eventual occurrence of impacts. 6.14 The project proposes to construct purpose-designed buildings in Accra and Kumasi on lands owned by the state for public land sector agencies. While there are no occupation problems on the lands in Kumasi, the plot in Accra for the construction of the headquarter building for the land sector agencies is partially occupied by tenants with determinab leases and squatters. Therefore, it is likely that the construction of the headquarter building in Accra may lead to loss of shelter, property, loss of access to assets, and loss of income sources and means of livelihood for a number of occupiers on the selected land. To reduce or mitigate impoverishment of these squatters on a plot that legally is a state-owned land, a Resettlement Policy Framework has been prepared and publicized. The Government of Ghana has agreed to prepare and implement a Resettlement Plan, detailing how it intends to pursue the issue of relocation or payment of compensation, before commencement of any construction work on the land selected for the headquarter building. 6.15 During the execution of the sub-project on civil works including boundary demarcation and surveying, some new but temporary job opportunities for skilled as well as unskilled labour will be created. Skilled professionals in surveying, mapping, cartography, civil engineering, architecture, and landscaping, skilled artisans such as plumbers, electricians, carpenters and masons as well as unskilled labourers and security guards will be employed. The impact on employment and income will be positive. 6.16 A summary of environmental impacts described above is presented in Table 4 below. The environmental impacts are scored on a basis of 0 to a maximum of 3. Positive impacts are indicated by a positive (+) sign and adverse by a negative (-) sign. The number reflects the magnitude of the impact, where I is a slight impact, 2 a moderate impact and 3 a significant impact. A "0" indicates that no impact is expected. 19 Table 4: Summary of Positive and Negative Impacts Environmental Receptor Studies and Boundary Survey Construction Titling Reviews and Demarcation Physical Environment Air Ouality 0 0 -3 0 Noise and Vibration 0 0 -2 0 Waste Production & 0 0 -2 0 Biological Environment Biodiversity and Ecology 0 -1 0 0 Social Environment Health and Safe 0 0 -3 0 Employment and Income 0 0 +2 0 Conflict 0 -2 -3 -2 6.17 Generally, it is expected that implementation of the LAP should not result in any significant adverse impact on the physical environment, ecology and biology of selected sites, human health and safety. Potential impacts of LAP on air quality, noise and vibration and waste production and management are ephemeral, residual, localized and shortlasting. These may emanate from the construction works. The negative impacts on the ecology of the area that may be associated with titling and boundary survey and demarcation are not expected to be significant because of the small geographical areas involved relative to the size of the country. Socially, if the relocation of squatters on Survey Department lands in Accra is not handled properly it may create social conflicts and cause impoverishment of this group of current occupiers. The only positive environmental impact likely to be associated with the project is the effect on employment and income during the implementation of civil work components such as building construction, boundary demarcation and titling. It is clear from the above that apart from the proposed civil works, the LAP is generally environmentally and socially supportive. G. ENVIRONMENTAL MITIGATION PLAN Purpose 7.1 On the basis of the above identification and analysis of impacts, the Environmental Mitigation Plan (EMP) is proposed to provide the blueprint for clear and timely actions that would be required to mitigate adverse environmental and social impacts to acceptable levels. Description 7.2 Since the project and the activities identified for implementation would have few negative environmental and social impacts in the project area, and the project is itself generally environmentally supportive, few actions in addition to those covered by the project would be required. The EMP presents both, those activities of the project that are mitigative towards the impacts described, best practice guidelines for mitigation, and additional actions that should be considered in order to ensure that all impacts are addressed. In the following sections the various activities, in addition to project activities, required for mitigation are described. A description (in a summary table below) is provided for key activities, inputs required and outputs expected, institutional responsibilities, costs and implementation scheduling. 20 Impact Miligation 7.3 The EMP is designed and discussed for two main interventions under LAP in relation to the: (i) physical, (ii) ecological and biological, and (iii) socio-economic environments. Infrastructure Investment - Construction and Rehabilitation Works 7.4 The construction firm constructing or rehabilitating buildings to be financed under LAP shall take the following actions: * Air Quality: Asphalt plants, vehicles and other machinery would be maintained and operated by the contractor in accordance with the manufacturer's specifications to minimise the emission of hydrocarbons, smoke and particulates. The construction sites would also be regularly doused with water to reduce dust levels. * Noise and Vibration: The contractor would ensure that his equipment are well maintained and operated within the EPA guidelines on ambient noise especially if construction will be undertaken also at night. * Waste Production and Management: The contractor will be obliged to draw up and implement a waste management and disposal plan, which will outline, among others, the selected disposal sites, scheduling of waste transport, responsible person to supervise the management and disposal. The contractor shall provide proper sanitary facilities such as portable toilets at the construction site for the workers to prevent pollution of nearby environs. In addition, the contractor shall provide proper facilities for storage of fuel, oil and lubricants as well as for waste oil and lubricants. The facilities must ensure that properly designed oil traps prevent leaks and spillages from occurring. * Fire Prevention and Manauement: Fire could be a threat to humans and property at the construction site if inflammables such as fuel, paints and emulsions, oil and other lubricants are not properly stored. The construction firm will provide fire extinguishers at vantage points at the site; train workers in fire prevention and management and provide fire protective gear for workers in the event of fire outbreaks. * Health and Safety: All construction workers would be provided with protective clothing such as nose masks, helmets and boots by the contractor. All workers on the site would wear these on a mandatory basis. The contractor would also mount and maintain firm steel scaffolds to protect workers from falling from heights and make adequate preparations for fire prevention and fighting. To cater for the contractor would provide a well-stocked first aid box minor injuries and illness at the construction site. 7.5 The Ministry of Lands and Forestry, as the Government of Ghana's focal implementing agency for LAP, will be responsible for the implementation of proposals and recommendation and interventions contained in the EA and RPF, particularly those related to involuntary resettlement and compensation and maintenance of environmental quality. * Involuntary Resettlement and Compensation: Where relevant, the implementers of LAP shall be responsible for compensation and or resettlement of the population displaced by the construction works. As indicated earlier that any construction work at a site selected for the headquarter building in Accra is likely to impact on the current occupiers (tenants and squatters), a RPF has been prepared and annexed to the main EA report. The Ministry of Lands and Forestry will prepare a resettlement plan acceptable to the Bank and implement fully agreed upon proposals, including compensation payments to project-affected persons prior to commencement of construction work at any of the sites. The process of planning the resettlement and compensation schemes should be 21 transparent and participatory. It should endorse the full and active participation of key and relevant institutions including those to be resettled, the Survey Department (current legal occupiers), the ministries of Lands and Forestry, Finance and Environment, and the district and/or metropolitan assemblies. Where compensation is to be paid the total amount should include the full cost of replacement of lost assets. The RPF has shown that in the case of the Kumasi buildings no resettlement or compensation payment will arise since the selected sites are legally encumbered or occupied by public sector land agencies and tertiary institutions. There are no claims to or illegal occupiers (e.g. squatters) on the selected sites. * Environmental Impact Assessment: The EA recommends that prior to commencement of construction or rehabilitation work at any of the sites the sub-project (infrastructure investment) be collectively subjected to an environmental impact assessment (EIA). It is expected that such a study would point out the likely specific environmental impacts in relation to each discrete activity (e.g., land preparation), and give specific recommendations on how each single impact could be prevented, reduced or mitigated and at what cost. Boundary Demarcation 7.6 The Ministry of Lands and Forestry will request the Forestry Commission to develop vegetation clearing guidelines for use by firms or individuals who will be engaged in boundary surveys and demarcation. The objective is to ensure that demarcation is done with little or no clearing of vegetation. During the demarcation exercise where it is likely that vegetation will be cleared it is essential that those who will do the clearing have been taken through the guidelines to ensure that important species are preserved and there is not unnecessary clearing of vegetation. In cases where clearing of trees and other plants is absolutely necessary for demarcation of boundaries, the Forestry Commission acting on behalf of the Ministry of Lands and Forestry, will ensure that the firm or individual doing the demarcation replants the areas cleared with the same species or other desired species. Suitable species for the various ecological zones may be selected in consultation with the Forestry Commission and Forestry Research Institute of Ghana. Responsible Institutions 7.7 Overall responsibility for the implementation of the EA and RPF is with the Ministry of Lands and Forestry. However, the Environmental Protection Agency (EPA) would take responsibility for compliance monitoring of guidelines related to environmental safeguards, particularly those related to construction and rehabilitation works. Its regional offices in Accra and Kumasi will have direct responsibilities for monitoring implementation of proposals in the EA and ensuring compliance of standards. The Ministry of Lands and Forestry, working together with the Ministries of Finance, and Manpower Development and Social Welfare, would be responsible for implementation of recommendations related to resettlement and compensation. It will ensure that a Resettlement Plan acceptable to the Bank and endorsed by the project- affected persons is prepared and implemented prior to commencement of any construction or rehabilitation work. Scheduling and Costs 7.8 The Government of Ghana and the Bank have agreed to carry out some activities before the main LAP becomes effective. It is expected that these pre-implementation activities will be completed by end February 2003 and include design and specification for the buildings in Accra and Kumasi. The buildings are estimated at a total cost of US$ 7.6 million to LAP. The cost of implementing and monitoring the EMP as well as the RP, estimated at US$50,000 for 5 sites in Kumasi and Accra will be sourced from the estimated budget allocated for the construction works. 22 ENVIRONMENTAL MITIGATION PLAN SUMMARY TABLE Implementing Monitoring Activity Agencies Respon- Timing Cost sibility A. ENVIRONMENT Infrastructure investments - Develop and implement Ministry of Lands MLF Entire period of sub-project appropriate mitigation measures & Forestry implementation $10,000 (MLF) Prior to commencement of $5,000 - Conduct project-specific EIAs Consultants EPA construction work Boundary Survey & Demarcation Survey Department - Develop guidelines for and FC of MLF MLF Prior to commencement of $2,000 vegetation clearing survey and demarcation work Survey Department - Train demarcation and FC of MLF MLF $3,000 firm/individuals B. SOCIAL Resettlement and Compensation - Develop a resettlement plan MLF, MOF, MMDSW MLF Prior to commencement of $5,000 construction work - Implement the resettlement MLF, MOF, Prior to commencement of plan and monitor MMDSW MLF construction work $10,000 Once a year during project life - Do periodic post-resettlement MLF, MOF, monitoring MMDSW MLF $5,000 Boundary Survey & Demarcation - Organize consultations and MLF MLF Prior to commencement of $8,000 workshops to educate survey and demarcation work landowners and community at each individual pilot area. members Thereafter once a year C. Overall Training & Monitoring and Evaluation Training, M&E - Train project staff on M&E MLF/EPA/MMDS MLF During project implementation W Already as - Develop a plan for Prior to LAP implementation cost implementing and monitoring component in EMP the overall M&E for - Implement plan LAP Reporting MLF, Traditional MLF Bi-annually $3,000 Councils, Kumasi Polytechnic, Dept. of Geodetic Engineering Total Cost = $50,000 23 H. REFERENCES Agyepong, G. T., Gordon, C., Francois, J, Tuffour, K. and Allotey, J. A., 1994. Land use and Biodiversity. A Report for Ministry of Environment Science and Technology. 130p. Dery, A. B. (2000). Study on Indigenous Crop Varieties. A report submitted to the Savanna Resource Management Project (SRMP). Biodiversity Component. Ekpe, P.K. (2000). Savanna Plants of Ghana. Annotated Checklist. Report prepared for Ministry of Lands and Forestry, NRMP/SRMP-BC Environmental Protection Agency, 1991. Ghana Environmental Action Plan, Vol. I. EPA, 1994a. Environmental Protection Agency Act, 1994 Act 490. EPA, 1994b. Ghana Environmental Action Plan, Vol. II. EPA, 1995. Environmental Impact Procedures. Ghana Statistical Service, 2000: Population and Housing Census Provisional Results. GOGIUNEP, 1994. Development Cooperation Report - GHANA 1993, 201 p. Hall, J. B. and Swaine, M. D., 1976. Classification and ecology of closed canopy forests in Ghana. Ghana J. Ecol. 64, 913-95 1. World Bank, 1996. Environmental Assessment Sourcebook, Vol. I. Policies, Procedures and Cross- Sectoral Issues in the Bank.