SECOND PRIVATE SECTOR COMPETITIVENESS PROJECT (PSCP …



REPUBLIC OF UGANDA

MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT

PARLIAMENT AVENUE, CENTURY HOUSE BUILDING

P.O BOX 7096, KAMPALA UGANDA

THE PROPOSED LAND OFFICES TO BE CONSTRUCTED AT PLOT 358, BUKALASA VILLAGE, KATIKAMU SUB COUNTY , LUWERO DISTRICT

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PREPARED BY:

URBAN RESEARCH AND TRAINING CONSULTANCY E.A LTD

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Febuary 2013

THE EIA CONSULTING TEAM

| | | |

|Name |Position |Signature |

| | | |

|Dr Charles Amooti Koojo (CEP) |Team Leader/EIA | |

|Mr Moses Oluka (CEP) |Land use expert | |

TABLE OF CONTENTS

THE EIA CONSULTING TEAM ii

LIST OF TABLES vi

LIST OF PLATES vi

ACKNOWLEDGMENT vii

ACRONOMYS/ABBREVATIONS viii

EXECUTIVE SUMMARY ix

CHAPTER ONE 1

1.0. INTRODUCTION 1

1.1. Background and justification of proposed development 1

1.2. Purpose of the Environmental Impact Statement (EIS) 2

1.3. Site Location 3

CHAPTER TWO 4

2.0. STUDY METHODOLOGY 4

2.1. Biophysical environment 4

2.2. Field Survey techniques 4

2.3. Checklists 5

2.3.1. Identification of OHS Risks during Project Construction 5

2.3.2. Assessment of Impact of Haulage of Construction Materials 5

2.3.3. Assessment of Construction waste Management 5

2.3.4. Water Runoff Assessment 5

2.3.5. Socio-Impacts Assessment 6

CHAPTER THREE 7

3.0. PROJECT DESCRIPTION 7

3.1. Introduction 7

3.2. Project Description 7

3.2.1. General Description 7

3.3. Construction 8

3.3.1. Temporary Works 8

3.3.2. Access Tracks on Site 8

3.3.3. Building Foundations 8

3.3.4. Onsite Cabling and Plumbing 8

3.3.5. Construction Materials 8

3.4. Contaminants 9

3.5. Site Reinstatement 10

3.6. Vehicle Movements 10

3.6.1. Construction Phase 10

3.6.2. Post Construction 10

CHAPTER FOUR 11

4.0. ANALYSIS OF ALTERNATIVES 11

4.1. Alternatives (Site Selection) 11

4.1.1. Site Selection 11

4.1.2. Selection of Plot 358 Bukalasa village Luwero 11

4.2. “No-Action” Scenario 14

CHAPTER FIVE 15

5.0. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK 15

5.1. Policy Framework 15

5.1.1. National Environment Management Policy 15

5.2. World Bank Environmental Social Safeguard Policy Frameworks 16

5.2.1. World Bank Safeguard Policy Involuntary Resettlement (OP/BP) 4.12 Error! Bookmark not defined.17

5.2.2. Environmental Assessment Policy- (OP 4.01) 17

5.2.3. World Bank Safeguard Policy on Physical Cultural Resources (OP/BP) 4.11 17

5.2.4. Natural Habitats (OP 4.04) Error! Bookmark not defined.19

5.3. Legal Framework 19

5.3.1. Constitution of the Republic of Uganda, 1995 19

5.3.2. The National Environment Act, Cap 153 19

5.3.3. Water Act, Cap. 152 19

5.3.4. The Occupational Safety and Health Act (2006) 19

5.3.5. The Land Act (1998) 20

5.3.6. Public Health Act, 2000 20

5.3.7. The Physical Planning Act, 2010 21

5.3.8. The Local Governments Act, 1997 21

5.3.9. The Access Road Act, 1969 21

5.3.10. The Roads Act, Cap 345 21

5.4. Existing guidelines and Regulations for Environmental Considerations in Uganda 22

5.4.1. Guidelines for Environmental Impact Assessment in Uganda, 1997 22

5.4.2. Regulations 3 to 17 of the National Environment (Wetlands, River Banks and Lake Shores Management) Regulations (2000) 22

5.4.3. The National Environment (Waste Management) Regulations (1999) 23

5.4.4. The National Environment (Standards for Discharge of Effluent into Water or on Land) Regulations (1999) 24

5.4.5. The Water (Waste Discharge) Regulations, 1998 24

5.4.6. National Environment (Noise Standards and Control Regulations) 2003 25

5.5. Institutional Framework 26

5.5.1. National Environment Management Authority (NEMA) 26

5.5.2. The National Water and Sewerage Corporation 27

CHAPTER SIX 28

6.0. DESCRIPTION OF BASELINE ENVIRONMENT AND SITE SELECTION 28

6.1. Biophysical Environment 28

6.1.1. Rainfall 28

6.1.2. Geology and Soils 28

6.1.3. Physical Infrastructure 28

6.1.4. Topography 29

6.1.5. Vegetation 29

6.2. Socio-Economic Environment 30

6.2.1. Electricity Grid 30

6.2.2. Telecommunications 30

6.2.3. Water Supply 30

6.2.4. Solid Waste Disposal 30

6.2.5. Firefighting Services 30

6.3. Stakeholder consultations 30

CHAPTER SEVEN 31

7.0. PUBLIC CONSULTATIONS 31

7.1. Stakeholder Consultation and the EIA 31

7.2. Project Stakeholders 31

7.3. Stakeholder Consultation and issues raised 31

7.4. General Opinion concerning the proposed project 32

7.4.1. Potential Positive aspects during the project 32

7.4.2. Potential Negative aspects during the project 32

7.5. A number of mitigation measures were proposed to mitigate identified negative impacts and these included: 33

CHAPTER EIGHT 3635

8.0. `PREDICTED IMPACTS AND MITIGATION 3635

8.1. Construction Phase Impacts 3736

8.1.1. Soil Erosion 3736

8.1.2. Nuisance Dust 3736

8.1.3. Construction Noise 3837

8.1.4. Sourcing of Earth Materials 3837

8.1.5. Transportation of Materials 3837

8.1.6. Material Storage 3938

8.1.7. Modification of Surface Drainage 4039

8.1.8. Construction Waste Disposal 4039

8.1.9. Soil and Litter Management 4140

8.1.10. Replanting and Landscaping 4140

8.1.11. Employment 4241

8.1.12. Inadequate OHS for Construction Workers 4241

8.1.13. Operational impacts 4241

8.1.14. Tax Revenue to Government 4241

8.1.15. Water Supply 4342

8.1.16. Sewerage Disposal 4342

8.1.17. Solid Waste Disposal 4443

8.1.18. Consumption of Electricity 4443

8.1.19. Standby Electricity Generator 4443

8.1.20. Resource Consumption 4544

CHAPTER NINE 4948

9.0. ENVIRONMENTAL MANAGEMENT AND MONITORING PLAN 4948

CHAPTER NINE 5453

10.0. CONCLUSION 5453

BIBLIOGRAPHIES & REFERENCES 5554

ANNEX 1-People Consulted 5655

ANNEX 2 – Site Layout for Proposed Office Premises 5756

ANNEX 3- Architectural Drawings 5857

ANNEX 4-Noise Standards 5958

ANNEX 5-Copy of the Land Title of the proposed site 6261

ANNEX 6-General Environment Management Conditions for Construction Contracts 6463

LIST OF TABLES

Table 3.1: Maximum permissible noise levels relevant to project 25

Table 4.1: Stakeholder consultations 34

Table 8.1: Impact Identification Matrix 3635

Table 8.2: Energy Efficient versus Standard Fixture Installation 4645

Table 8.3: Summary of Construction Impacts 4746

Table 8.4: Summary of Operation Impacts 4847

Table 9.1: Monitoring Plan 5150

Table 9.2: Environmental Management and Monitoring Costs during Construction 5352

LIST OF PLATES

Plate 4.1: Project neighborhood 29

Plate 6.1: Proposed site 11

Plate 6.2: Site Access 13

ACKNOWLEDGMENT

Urban Research and Training Consultancy E.A, Ltd. (URTC) express its appreciation to the Ministry of Lands, Housing and Urban Development commissioning it to carry out this study. The team and staff held fruitful discussions with the assessment team which resulted into the environmental impact statement of the proposed development.

Cooperation shown by the Private Sector Foundation and Plan Systems is appreciated. Information provided and discussions held by different stakeholders such as District Environmental officer, Lands officer, Town Planner, District Physical Planner and Surveyor as well as other stakeholders in the District were very helpful.

Special thanks go to the residents of Luwero District local Authorities who willingly participated and gave their views on the proposed development.

ACRONOMYS/ABBREVATIONS

CBD Central Business District

CEDP Competitiveness and Enterprise Development Project

CBO Community Based Organisation

EIA Environmental Impact Assessment

ESIS Environmental Social Impact Statement

ESIA Environmental Social Impact Assessment

EIS Environmental Impact Statement

EMP Environmental Management Plan

EMMP Environmental Management and Monitoring Plan

LC Local Council

MOLHUD Ministry of Lands, Housing and Urban Development

NEMA National Environment Management Authority

NEA National Environment Act

OHS Occupational Health and Safety

SC Sub-County

TOR Terms of Reference

EXECUTIVE SUMMARY

The Ministry of Lands, Housing and Urban Development sees the construction of the land office as a means of contributing significantly to the satisfaction of Uganda’s needs for provision of reliable lands office space which is accessible to all Ugandans and improve land management systems in the country.

The Government of Uganda has received credit from the World Bank and the proposed development falls under those to be funded by the Competitiveness and Enterprise Development Project (CEDP- P130471). The project objective of CEDP is to improve the competitiveness of enterprises in Uganda by providing support for: (i) the implementation of business environment reforms, including land administration reform; and (ii) the development of priority productive and service sectors. This project falls under Component 1: Land Administration Reform, and specifically, under the modernization of land administration sub-component. This sub-component of CEDP will provide support for the implementation of the 10-year Land Sector Strategic Plan and fund the continuation and the scaling up of the land reform process carried out under PSCP II, which, among other things, supported the rehabilitation/construction of 13 local land offices (including the provision of equipment).

Land administration reform is critical for the achievement of the project development objective (PDO) of the project as it has the potential to be truly transformational for Uganda’s economy. Sound land policies are known to be a catalyst for commercialization of agriculture. However, they are also essential for facilitating flows of private investment into industries, creating new jobs, and stimulating mobility and structural change, as well as ensuring well-functioning cities[1] and sustainable resource use. At present, only 18 percent of Uganda’s land is registered, with registration of rural land as low as 5 percent, and land administration is highly inefficient and characterized by corruption. Risks remain very high for both investors and communities, thus limiting the volume of investment. As such, it is vital to provide support for land administration reform.

The Environmental Impact Statement (EIS) presents the results of an assessment of the environmental and social implications of the proposed office block at Plot 358 Bukalasa Village, Katikamu Sub County, Luwero District. This Environmental Impact Statement has been prepared as part and parcel the project planning and design process for the development. The environmental Statement is to be submitted by the Ministry of Lands, Housing and Urban Development (MLH&UD) to the National Environmental Management Authority (NEMA) for review of its environmental and social implications and subsequent approval. The office blocks will comprise of 5 offices. This environmental impact statement has been therefore prepared in accordance with the requirements of the National Environmental Act, Cap 153. It is the opinion of the developer that sufficient and relevant information on the development be provided to allow the National Environmental Management Authority (NEMA) and the Lead Agency to “establish whether or not the activity is likely to have significant impact on the environment” and thus determine whether the development should be allowed to proceed.

Construction of the Luwero district land office block on Plot 358 Bukalasa Village, Luwero District was seen to have minimal impacts on the environment which are not adversely significant to stop the proposed development.

• Positive socio-economic impacts such as creation of employment, improved provision of services in the district, and improved aesthetics of the area.

• The planned development will improve aesthetics of the project area and will employ a number of Ugandans during construction and after the project is completed. The office block will improve the general outlook of the area.

There were no major issues of concerns raised during the study that are likely to result into adverse significant negative environmental impacts. The minimal negative impacts will occur mostly during the construction of the office block.

The major impacts of concern will be:

• The excavation during the construction of the office block will result in vegetation clearance and exposure of soil profiles to dangers of erosion

• Reduction in water storage capacity of the soil, its infiltration capacity and fertility. It increases erodability and instability.

• The site may experience increased run off due to paving of the land scape in the site location leading to soil erosion. The environmental impact studies of the soil suitability revealed that the soil is firm enough to hold the intended development.

• The impact on the landscape is however not likely to be significant in regards to the design of the proposed Luwero district land office block. The current proposal indicates a single storey office block with a level parking area to accommodate about 8 cars and a paved walkway.

Proposed mitigation measures for the identified impacts are as follows:

• Re-vegetation of open patches of the site should be carried out to prevent gullies and stabilise the soil.

• Vegetation removal should be done with care and those that may not affect the construction of the project should be left.

• Leguminous plants that have soil conservation qualities are particularly recommended.

• There is, therefore, need to create an instant grass cover which offers long term erosion control.

• An efficient drainage is a key role in erosion control and erosion checks or lining have been designed in the architectural designs.

• In the foundation hard cores should be used to increase the firmness of the structure on the ground

• Surface trenches should be constructed to help in the onsite water drainage in order to avoid flooding.

• The architectural design development is planned as single storied building, with 500 high grass embankments to be planted on the site to cater for the natural environment. The design also of the structure is to use natural ventilation and natural light within the building and avoid restricting the current open aspect of the site.

• The proper management of the land office block will minimise or eliminate the negative impacts that are likely to be caused by working within the office premises. Management of the office premises is committed to implementing the project in an environmentally sustainable manner. The Environmental Management and Monitoring Plan (EMP) will be implemented during all the phases of project (preparation, construction, operation and closure).

Environmental Management and Monitoring Plan

Environmental monitoring will be part of the overall environmental management plan. The Environmental Management and Monitoring Plan (EMMP) have been developed to meet the environmental standards of Uganda. All works will be performed in accordance with current environmental practices and guidelines. Concerns of the plan are landscape disturbance, occupational, health and safety, air pollution, storm drainage, noise, dust management of the office premises, solid waste, and maintenance issues.

The basic concepts of EMMP for smooth implementation of the project include:

• Environmental monitoring will assess and monitor conditions at or in the vicinity of the project to ensure acceptable levels of disturbances are not exceeded and to ensure compliance by the contractor and project personnel. Furthermore, environmental protection advice will be provided to the construction personnel as and when required.

• A monitoring mechanism ensures that the proposed mitigation measures are successful. The monitoring of environmental and social indicators has been developed and is compatible with existing or proposed systems

• Environmental monitoring will be done by the District environmental officer and the supervisor at the vicinity of the project to ensure acceptable levels of disturbances are not exceeded and to ensure compliance by the contractor and his personnel.

• Monitoring process is introduced to check progress and the resultant effects on the environment as the implementation of the project proceeds although the negative impacts identified can be mitigated.

• Much of the work during the construction stages should form part of the MLH&UD, inspection activities that will be included in monitoring.

• The planned measures indicated should therefore be included on the list of contractual items. These should be planned and checked against their effectiveness in reducing the negative impacts/ or enhancing the benefits identified in this report. The process should also include regular reviews of the impacts that cannot be contemplated at the time of doing this report.

Environmental Management and Monitoring cost during Construction

The environmental management and monitoring costs for the construction activities have been costed at 53, 800,000 Uganda shillings and should be part of the Bills of Quantities (BOQ) during the tendering process

Conclusion

It is important in the implementation of this development, that compliance with relevant environmental legislation and related provisions be given due consideration. The MLH&UD ought to ensure that project activities are carried out according to the environment laws and implement mitigation measures as endorsed by NEMA.

The study therefore concludes that there is no significant environmental consequence in regard to the proposed development of the Luwero land office building.

CHAPTER ONE

INTRODUCTION

1 Background and justification of proposed development

The Government of Uganda has received credit from the World Bank and the proposed development falls under those to be funded by the Competitiveness and Enterprise Development Project (CEDP- P130471). The project objective of CEDP is to improve the competitiveness of enterprises in Uganda by providing support for: (i) the implementation of business environment reforms, including land administration reform; and (ii) the development of priority productive and service sectors. This project falls under Component 1: Land Administration Reform, and specifically, under the modernization of land administration sub-component. This sub-component of CEDP will provide support for the implementation of the 10-year Land Sector Strategic Plan and fund the continuation and the scaling up of the land reform process carried out under PSCP II, which, among other things, supported the rehabilitation/construction of 13 local land offices (including the provision of equipment).

Land administration reform is critical for the achievement of the project development objective (PDO) of the project as it has the potential to be truly transformational for Uganda’s economy. Sound land policies are known to be a catalyst for commercialization of agriculture. However, they are also essential for facilitating flows of private investment into industries, creating new jobs, and stimulating mobility and structural change, as well as ensuring well-functioning cities[2] and sustainable resource use. At present, only 18 percent of Uganda’s land is registered, with registration of rural land as low as 5 percent, and land administration is highly inefficient and characterized by corruption. Risks remain very high for both investors and communities, thus limiting the volume of investment. As such, it is vital to provide support for land administration reform.

The development of these offices will alleviate the problem of office space which are not adequate currently and thereby do affect service deliveries to the public. Urban Research and Training Consultancy E.A Ltd (URTC) was contracted by the MLH&UD to undertake an Environmental Impact Assessment (EIA) for the site within Bukalasa village, Katikamu Sub County.

2 Purpose of the Environmental Impact Statement (EIS)

This Environmental Impact Statement (EIS) presents the results of an assessment of the environmental and social implications of the proposed office block at Plot 358 Bukalasa Village. The plot is owned by Luwero District Local government. The Environmental Impact Statement has been prepared as part and parcel the project planning and design process for the development. The environmental Statement is to be submitted by the Ministry of Lands, Housing and Urban Development (MLH&UD) to the National Environmental Management Authority (NEMA) for review of its environmental and social implications and subsequent approval. The office blocks will comprise of 5 offices as per the Architectural Drawing (Annex 3).

It is the policy and legal requirement in Uganda that an Environmental Impact Assessment (EIA) be conducted for activities that are likely to have significant environmental effects so that any adverse impacts can be avoided or minimised while positive ones are maximised. Section 23 of the National Environmental Act, Cap 153 indicates that the operator of a project should take all reasonable measures to mitigate any undesirable effects not contemplated during the implementation of the project. To undertake an EIA study, the developer is required to submit a project brief to NEMA from which the nature of the EIA study can be decided.

The Environmental evaluation was conducted in accordance with the World Bank environmental and Social safeguard and NEA Cap 153 in order to examine, analyse and assess the proposed project with the view to ensuring that it will be environmentally sound and sustainable.

The purpose of the Environmental Impact Statement is to:

• Explain the need for the proposals (on the development) and describe the physical characteristics, scale and design of the office block;

• Examine the existing environmental character of the proposed site and the area likely to be affected by the office block;

• Predict the possible environmental impacts of the office block;

• Describe measures that will be taken to avoid, offset or reduce adverse environmental impacts;

• Provide a budget for implementing the mitigation and monitoring plan

• Describe measures that will be taken to enhance the habitat at the office block and,

• Provide the public, NEMA, Lead agency and other stakeholders with information on the proposal that will assist NEMA in making a decision on the office block planning and application.

The Ministry of Lands, Housing and Urban Development sees the construction of the land office as a means of contributing significantly to the satisfaction of Uganda’s needs for provision of office space. Office facilities bring local economic benefits, including those that arise from construction, operation and maintenance activities. Local contractors and suppliers for all activities will also benefit

3 Site Location

The site is located on plot 358 Bukalasa village, Katikamu Sub County, Luwero District measuring 0.95 Hectares. The plot has one big building enclosed with a chain link fence and a gate which is serving as the current land offices. The rest of the plot is a composed of open grassland that has over grown. The site is ready for construction once the project kicks off.

CHAPTER TWO

STUDY METHODOLOGY

The methodology used consisted of review of literature on environmental impact assessment for office building construction. Field reconnaissance was undertaken to establish baseline environmental conditions.

The field exercise comprised a combination of qualitative and quantitative data gathering techniques which were done to augment information contained in the literature.

1 Biophysical environment

The assessment of impacts was carried out in the following sequence:

• Qualitative and quantitative assessment of the current state of the environment in the project area;

• Identification, prediction and evaluation of positive and negative environmental impacts;

• Identification of mitigative measures for adverse environmental impacts;

The above process was augmented by review of previous reports, published and unpublished works on the environment of the study area; field investigations and collation of baseline data on the environmental conditions of the project area.

Finally, an environmental management and monitoring plan based on proposals for preventive, compensatory and mitigation measures during project implementation were formulated.

2 Field Survey techniques

The field survey adopted various techniques of baseline data collection on the existing environmental conditions, namely:

• Field observations and recordings including photography

• Use of checklists for determining potential environmental impacts of the proposed project.

• Discussions with neighboring residents

• Public Consultations

3 Checklists

Checklists are study instruments that aid in assessing possible environmental impacts during both construction and operational phases of a project. In this study, checklists were utilized to:

• Facilitate identification of potential environmental impacts;

• Provide a means of comparing the predicted environmental impacts;

• Indicate the magnitude of both positive and negative environmental impacts;

• Indicate possible adverse environmental impacts that are potentially significant but about which sufficient information can be obtained to make a reliable prediction;

• Indicate negative potential environmental impacts in the project area, which merit mitigation measures and monitoring during project implementation.

1 Identification of OHS Risks during Project Construction

The possible sources of occupational hazards to the work force were enumerated. The proposed plans and measures to overcome them were developed. OHS impacts of development and operational phases were identified basing on nature of construction activities and occupational safety risks involved.

2 Assessment of Impact of Haulage of Construction Materials

Major issues associated with material transports which were assessed included air quality impairment, road safety and traffic flow disruption associated with heavy trucks ferrying construction materials to the site.

3 Assessment of Construction waste Management

An inventory of likely construction waste was developed and used to identify potential impacts and effective mitigation measures.

4 Water Runoff Assessment

Drainage impairment was assessed by comparing the planned construction and operation developments with existing ground profile and vegetation cover.

The water Run Off analysis involved estimation of expected peak runoff from a design rainfall on the entire catchment area. Quantities of runoff generated from the site in undeveloped condition and that after site development were determined and compared to establish potential impact of increased runoff due to site development.

5 Socio-Impacts Assessment

Obtaining views about the proposed development involved observations, in-depth structured interviews as well as non-structured ad hoc discussions with technical personnel from Luwero District, NEMA, Local government official and politicians. Both government agencies and private sector enterprises were also consulted.

CHAPTER THREE

PROJECT DESCRIPTION

1 Introduction

This section covers access around the site, the office blocks and materials to be used.

The onsite activities during construction are dealt with in this section along with reinstatement of the site after construction. The section also addresses traffic movements to and from the site both during construction and operation of the office facility.

2 Project Description

1 General Description

It is proposed that the office facility at plot 358 Bukalasa village, Luwero District will comprise one office block with 6 major offices and a car park. Each of these structures will have specific design and dimensions. Details are provided on the Architectural drawings attached (Annex 3).

Design

The office block will be of the same design and different dimension i.e District Registrar’s office 13 Sq.m, District Physical Planner’s Office 28 Sq.m District Valuers office 13 Sq.m. A total of 750 sq.m, of the office facilities. The office block will consist of a single floor. The design includes a main entry hall and verandah, strong room, boardroom staff washrooms.

Materials and Construction

Generally construction work will mainly be concrete block wall and corrugated iron sheet roofing. The following are the main feature of materials for constructing the proposed office blocks.

• The floor will be covered with ceramic tiles;

• The ceiling shall be plaster and will be painted;

• Walls on the inside shall be plastered and will be painted, walls in toilets will have tiles;

• Windows and doors will be of aluminum and sliding; and

• Ram for the disabled will be constructed with Terrazzo

3 Construction

1 Temporary Works

Approximately 50 workers will be employed on the project during construction phase. Construction of the office facility is estimated to last 6 months and will cost about 500,000,000 Uganda shillings. The following temporary facilities will be required during the construction period. A compound and lay down area for construction materials. A temporary structure will be constructed to house light equipment and materials to be used during construction. All materials required for construction will be obtained offsite. The sue of materials obtained offsite enhances the need for vehicles and heavy machinery on site in addition to traffic movements on the mainland that is required to deliver some building material such as sand, concrete and gravel.

2 Access Tracks on Site

There will not be any access tracks constructed at the site. Plot 358 Bukalasa village, Luwero District is close to the access road and the entry point is enough for both construction and operation phases of the development.

3 Building Foundations

The office block foundation requires the excavation of a depth of about 1 meter. The vegetation and topsoil will be removed prior to excavation and stored within the plot area, for use for restoration

4 Onsite Cabling and Plumbing

The electrical and control cables and piping required will be installed underground along the routes, which follow the routes of pavements. The cables and pipes will be laid in trenches approximately 0.2 by 0.300 m deep. The trenches will be back-filled with stone dust.

5 Construction Materials

The volume of construction transport is expected to be high since there are no stones available on site. These will have to be brought in from site source. Borrow pits will have to be found off site to serve the purpose of provision of stone.

Water

The water to be used both during construction and operation of the project will be obtained from the bore hole which is already operation and from existing water supply system of NWSC if need be.

Energy

The construction work will use substantial electrical energy for lighting and running of electrical equipment. This electricity will be obtained from the main UMEME main supply grid, but may be supplemented by standby generators whenever necessary. Some plant and equipment will use petroleum fuel obtained from the nearest possible filling station.

Plant and equipment

During construction a variety of equipment will be used. There shall be heavy earthmoving equipment for excavation and hauling away of excavated material. Concrete mixers and hoists will be used for concreting works. Water pumps may be used for dewatering of excavations.

There will be other minor tools and equipment usually used in such construction work.

During operation, there shall be vehicles used by the customers to the land office as transporting of goods to or from the office.

Labour

A wide range of both skilled and unskilled labour will be required for implementation of the project. It is expected that the majority of this labour will come from Luwero District. Professional personnel have already been commissioned to do the design work and will later supervise the construction.

Construction materials

Acquisition and transportation of raw materials. Construction materials will basically be acquired from the nearest and suitable site giving materials that meets the specifications.

4 Contaminants

It is recognized that the risk of contaminants coming into contact with the land and entering the water table is highest during construction. The use of proper procedures and careful on-site management ensures the risk of contamination will be eliminated.

During construction the Contractor will be limited to the storage of sufficient diesel fuel for the plant on site. Storage of diesel fuel will be within a bunded area. The concrete delivery vehicles will not be washed out on site after pouring. For long term operations of the office facility, the key potential contaminant is identified as: Concrete: the foundation of concrete specified is of high strength structure grade, which is not prone to significant leaching of alkalis.

5 Site Reinstatement

The temporary site compound areas and all other temporary construction areas will be cleared of equipment, resurfaced with local topsoil and vegetation replanted.

6 Vehicle Movements

1 Construction Phase

Road access to the site will use the existing access. Lorries will effect the delivery of sand, stone and concrete to the site.

2 Post Construction

Once the office facility is completed, only staff and visitors will normally travel to and park within the parking yard provided at the office facility.

CHAPTER FOUR

ANALYSIS OF ALTERNATIVES

Analysis of alternatives presented here is aimed towards identification of practical options that would eliminate adverse impacts of the proposed project. The analysis is based on two scenarios: the “no –action” option and undertaking the project proposed in the EIS.

1 Alternatives (Site Selection)

The selection of a site for developing office facilities is a complex and lengthy process that involves the examination and balancing of a number of commercial, technical and environmental planning issues. Considerations of selecting Plot 358 Bukalasa village, Luwero as a possible site for office facilities are describe below.

1 Site Selection

A basic requirement for the exploitation of the suitability for the office is the ability of the site to provide a number of factors including, accessibility and security. Plot 358 Bukalasa village, Luwero is primarily located within the already existing land office.

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Plate 4.1: Proposed site

2 Selection of Plot 358 Bukalasa village Luwero

Considerations in the assessment of plot 358 Bukalasa village Luwero District as a potential site for an office block facility were as follows:

Environmental Considerations

• General

The potential impact of an office facility on the landscape and ecology were considered. This was mainly progressed through field studies.

These factors have subsequently been addressed within the interactive process of the environmental assessment and the findings presented in the environmental statement.

• Noise and Proximity to Housing

Plot 358 Bukalasa was not judged to lie sufficiently distant from dwellings and other office facilities that adequate separation distances could not be achieved to avoid noise nuisance at nearby residences and offices especially during construction.

• Landscape

It was noted at an early stage that the presence of office block at plot 358 Bukalasa would not have a significant impact on the landscape since development is in harmony with adjacent structures.

• Soil Erosion

It was noted that the site is likely to have minimum soil erosion during construction phase as a result of clearing existing vegetation. Soil erosion could be minimized by carrying out construction during the months of the year in addition to proper landscaping after construction.

Technical Consideration

Suitability of the site and design principle was based on the efficient operations of the facility, with ease of access to the public as necessary. A fairly generous reception where the bulk of the interface with the land officials and the transactions are expected to take place has been carefully taken into during the design. The underlying principle was to produce a design that is capable of enhancing office operations thereby eliminating overcrowding in the corridors, thereby minimize public interface with the office operations.

• Site Access

Due to the size of vehicles required during the construction period, it is important to have site access within reasonable distance of the public road capable of carrying construction traffic without extensive improvements. The proposed plot 358 Bukalasa estate Luwero can be accessed from the frontage of the main road without improvement works on the road being necessary.

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Plate 4.2: Site Access

• Ground Conditions and Site feature

The office block building foundations need suitable ground conditions to achieve the necessary bearing capacity. Ideally the foundation should be bedded into firm native soil/rock which is within 2 m of the surface. Assessment of the soil suitability revealed that the area was conducive for the office facility.

• Land Ownership

There is no indication that there is likely to be any conflict over the office block since the development proponent holds a title (See Annex 5).

• Infrastructure services

The presence of power and water within close range of the proposed site and they have not been interfered within in respect to relocation. These services are complimentary to the proposed office block

2 “No-Action” Scenario

The “no action” option would eliminate job opportunities and second order socio-economic benefits, which the proposed development would have created. There is no alternative for this site

CHAPTER FIVE

POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

1 Policy Framework

1 National Environment Management Policy

The main policy statement on the environment for Uganda is the National Environment Management Policy (1994). The above policy was developed through an extremely consultative process in 1994 and its overall objective is to achieve sound sustainable development, by reconciling economic development and conservation of resources. The NEMP calls for concerted effort by all Ugandans, the various government and private sector structures both at national and local levels, to adopt policies and approaches that integrate environmental concerns into the economic, social and development plans, policies and programs into their sectors. The policy clearly states that an Environmental Assessment should be conducted for any project that is likely to have potential adverse impacts on the socio-cultural, physical and biological environment. This statement is further embedded in the National Environment Act Cap 153 of 1995 which makes EIA a legal requirement for eligible projects, policies and programmes. NEMA is the institution that will review this EIS.

The NEMP (1994) is legalised by the National Environment Act Cap 153. This Act is a framework law aimed at laying down the basic legal provisions for managing the environment in Uganda. The National Environment Management Policy (1994) is further justified by a number of sectoral policies and laws on waste management, wildlife, forestry, water, land, energy and minerals management. These sectoral laws address the main policy goals on environmental management in Uganda including the integration of environmental considerations into all sectoral policies, plans and programs. In addition, these laws highlight the need for all projects with potentially damaging effects on the environment to be preceded by an environmental impact assessment (EIA) prior to their implementation.

The overall policy goal of the National Environmental Policy is sustainable development which conserves environment to meet the needs of the present and future generations.

The specific legislations that deal with environmental assessments are the National Environmental Act, Cap 153 and its subsidiary, the Environmental Impact Assessment Regulations (1998). In this section, the various laws and regulations that are designed to assist in management of environment in Uganda are briefly reviewed and described below.

2 World Bank Environmental and Social Safeguard Policies

The World Bank as a funding agency has policies, procedures and guidelines ensuring environmental and social sustainability of developments it supports. These detail the way in which environmental and social due diligence is carried out. World Bank safeguard policies include the following:

✓ Environmental Assessment OP/BP 4.01

✓ Natural Habitats OP/BP 4.04

✓ Forests OP/BP 4.36

✓ Pest Management OP 4.09

✓ Physical Cultural Resources OP/BP 4.11

✓ Indigenous Peoples OP/BP 4.10

✓ Involuntary Resettlement OP/BP 4.12

✓ Safety of Dams OP/BP 4.37

✓ Projects on International Waterways OP/BP 7.50

✓ Projects in Disputed Areas OP/BP 7.60

Some of key issues that trigger safeguard policies in association with the Luwero land offices construction are:

o Potential adverse environmental and social impacts associated with construction and operation of the land office, and

o Potential impacts on physical cultural resources, should any be found by chance during earth works for the office construction.

These trigger safeguards policies OP 4.01 on Environmental Assessment, and OP 4.11 on Physical Cultural Resources. The project does not require land acquisition or cause involuntary resettlement. Hence OP 4.12 on Involuntary Resettlement is no triggered. Similarly, based on the review carried out as a part of this assessment, other safeguard policies from the list above are not triggered by this project.

1 Environmental Assessment Policy- (OP 4.01)

The Bank policy requires environmental assessment (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision making. This policy examines the potential environmental risks and benefits associated with Bank financed investments, supports integration of environmental and social aspects of investments into the decision making process, specifies consultation of the affected people, involve NGOs, and provide opportunities for their participation in the environmental assessment aspects.

The principles of this policy are;

• Environmental Assessment (EA) is required by Bank-financed investments;

• The Borrower is responsible for carrying out the EA;

• The Bank advises the Borrower on Bank’s EA requirements; and

• The Bank does not finance activities that will contravene national legislation or relevant international environmental agreements identified during EA.

The World Bank favors preventive measures over mitigation or compensatory measures, whenever feasible. This policy aims at identifying ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts; and includes the process of mitigating and managing adverse environmental impacts throughout project implementation.

The EIS has taken all measures to prevent, avoid or mitigate any likely impacts as a result of constructing and operating the land offices at plot 358 Bukalasa.

2 World Bank Safeguard Policy on Physical Cultural Resources (OP/BP) 4.11

The World Bank safeguard policy OP/BP 4.11 on physical cultural resources recognize that cultural resources are important as source of valuable historical and scientific information, as assets for economic and social development and as ancestral parts of people’s authentic identity and practices. The policy aims at involves or mitigating adverse impacts on cultural resources for development projects that the World Bank finances. In this regard, the policy requires the preparation of PCRs management plan which will be undertaken.

Surveys and consultations with the public did not reveal any physical cultural resources to be impacted upon by the project activities. However, if the chance finds occur, they will be handled according to the existing cultural and national requirements (Historical Monuments Act, Cap 46).

Under the Uganda law, any chance finds should be reported to the Department of Museums and Monuments of the Ministry of Trade, Wildlife and Heritage and the Chief Administrative officer (CAO). If the finds are not of interest to the Department of Museums and Monuments, they should be reburied on a site set aside for such purpose. If they are unknown human remains, such should be handled in line with the cultural norms with the involvement of local leaders and religious leaders.

The Implementing Agency (MoLHD) will ensure that the Contractor is adequately briefed about the chance finds procedures before commencing works. Procedure on how to handle chance finds of physical cultural resources should be included in all civil works contracts.

If the Contractor discovers any physical cultural resources, such as archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor shall:

• Stop the construction activities in the area of the chance find;

• Delineate the discovered site or area;

• Secure the site to prevent any damage or loss of removable objects until the responsible local authorities or the Department of Museums and Monuments of the Ministry of Trade, Wildlife and Heritage take over;

• Notify the supervisory Project Engineer who in turn will notify the responsible local authorities and the Department of Museums and Monuments of the Ministry of Trade, Wildlife and Heritage immediately (within 24 hours or less).

Responsible local authorities and the Department of Museums and Monuments of the Ministry of Trade, Wildlife and Heritage would then be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the staff of the Department of Museums and Monuments of the Ministry of Trade, Wildlife and Heritage.

Decisions on how to handle the finding shall be taken by the responsible authorities and the Department of Museums and Monuments of the Ministry of Trade, Wildlife and Heritage. Such a decision will be documented in writing. This could include changes in the layout (such as when finding irremovable remains of cultural or archeological importance) conservation, preservation, restoration, and salvage.

The assessment did not encounter any significant cultural resources within the site.

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3 Legal Framework

1 Constitution of the Republic of Uganda, 1995

The Constitution of 1995, articles 39 and 41 provide that everyone has a duty to maintain a sound environment. Chapter Three, Section 245 stipulates that parliament shall by law provide measures intended to protect and preserve the environment from abuse, pollution and degradation.

2 The National Environment Act, Cap 153

Following the enactment of the National Environment Act (NEA) Cap 153, the National Environment Management Authority (NEMA) was created and charged with the responsibility to oversee, coordinate and supervise environmental management in Uganda.

1 Water Act, Cap. 152

The Water Act, Cap. 152 provides for the use, protection and management of water resources and supply. The objectives of the Act are to promote the national management and use of water resources of Uganda through the introduction and application of standards and techniques, the coordination of all public and private activities that may influence water quality and quantity and to allow for the orderly development and use of water resources for any activity requiring water use. This study duly recognized this Act and applied it wherever required.

2 The Occupational Safety and Health Act (2006)

The Occupational Safety and Health (OSH) Act replaces the Factories Act (1964). It departs from the original listing of ‘don’ts’ and now has a new scientific approach in which the technical measures required in the protection of workers are spelled out to be put in place. In so doing it is preventive in approach.

The Act provides for the prevention and protection of persons at all workplaces from injuries, diseases, death and damage to property. The OSH Act covers not just the ‘factory’ but also any workplace where persons are employed and its provisions extend not just to employees but to the self-employed and any other persons that may be legitimately present in the workplace who may be exposed to injury or disease.

Employers must provide for the protection of workers from adverse weather, provision of a clean and healthy work environment, sanitary conveniences, washing facilities, First Aid and facilities for meals. The Act provides for safe access to the workplaces and safe work practices.

3 The Land Act (1998)

Sections 43, 44 and 45 (1) and (2) of the Land Act (1998), Government or local government may acquire land in accordance with the provisions of Article 26 and clause (2) of Article 237 of the Constitution of the Republic of Uganda.

A person who owns or occupies land shall manage and utilize the land in accordance with the National Environment Act Cap 153 and any other laws binding.

The Government or the local government shall hold land in trust for the people and protect natural lakes, ground water, natural streams, wetlands and any other land reserved for ecological purposes for the common good of the citizens of Uganda. The Act provides for the ownership and management of land. It provides for four different forms of land tenure (customary, leasehold, Mailo and freehold) and the procedure for applying for grant of any of these tenures. The Act provides that non-citizens of Uganda may only be granted leases not exceeding 99 years.

4 Public Health Act, 2000

Section 7 of the Act provides local authorities with administrative powers to take all lawful, necessary and reasonable practicable measures for preventing the occurrence of, or dealing with any outbreak or prevalence of, any infectious communicable or preventable disease to safeguard and promote the public health conferred or imposed by this Act or any other law.

Section 105 of the Public Health Act (2000) imposes a duty on the local authority to take measures to prevent any pollution dangerous to the health of any water supply that the public has a right to use for drinking or domestic purposes.

5 The Physical Planning Act, 2010

This is the principal statute governing Physical Planning Uganda. This act helps analyze existing planning provision and ascertain the current land use as per the land use plan and district development plans.

The Act prohibits carrying out any form of development on land in a planning area without the formal approval of the planning Authority. At present no developer would be issued with a permit to erect any buildings or carry out any developments on land in a planning area if he or she does not comply with the EIA requirements under the National Environment Statute and the EIA Regulations.

6 The Local Governments Act, 1997

The Act establishes a form of government based on the district as the main unit of administration. Districts are given legislative and planning powers under this Act. [Sections 36-45] They are also enjoined to plan and conservation of the environment within their local areas. District Environmental Committees established under section 15 of the National Environment Act Cap 153are supposed to guide the district authorities in that regard.

7 The Access Road Act, 1969

The Act requires that adjoining landowners should grant leave to other landowners to construct access roads to the public highways. The Act also prescribes the width of the access road, which is 20 feet. This requires that developers of proposed projects must carry out detailed EIAs to ensure that their projects do not prevent other land users from having access to public high ways.

8 The Roads Act, Cap 345

The Act creates a road reserve, which is bounded by parallel imaginary lines to and distant not more than fifty feet from the centre of any road. All developers of proposed projects must acquaint themselves with the provisions of this Act so that they do not risk being prosecuted or have their structures demolished should they construct them within the road reserve. Although the Act predates the National Environment Act, Cap 153 which requires that all project developers must carry out EIA for their proposed projects, it is clear that today no developer would undertake such a project that is likely to affect the road reserve without first carrying out an EIA.

5 Existing guidelines and Regulations for Environmental Considerations in Uganda

1 Guidelines for Environmental Impact Assessment in Uganda, 1997

The guidelines specify that it is the general policy of the government of Uganda that EIA be conducted for projects that are likely to or will have significant impact on the environment, so that adverse impacts can be foreseen, eliminated or mitigated. The guidelines also spell out guidelines for use by developers, EIA practitioners; procedures for public participation; guidelines for use by lead agencies and guidelines for monitoring.

The Guidelines reiterate the cardinal principle of environmental management, that environment and development must be viewed as complementary, interdependent and mutually reinforcing. It explains the purpose of Environmental Impact Assessment, as a tool for better planning, which permits the integration of environmental concerns into the policy and project planning processes at the earliest possible stages of planning and designing.

The Guideline lists the key features of EIA;

a) Environmental screening: To ensure the proposed project whether or not requires EIA and is subject to an appropriate environmental assessment;

b) Scoping: To determine the scope of work to be undertaken in assessing the likely environmental impacts of the proposed project;

c) Guidelines for public participation;

d) Guidelines for monitoring plan; and

e) EIA approval process;

2 Regulations 3 to 17 of the National Environment (Wetlands, River Banks and Lake Shores Management) Regulations (2000)

In Regulation 17 (1), every landowner, occupier or user who is adjacent or contiguous with a wetland shall have a duty to prevent the degradation or destruction of the wetland and shall maintain the ecological and other functions of the wetland. The tool used under these Regulations to ensure compliance is the permit. The Executive Director of NEMA can only permit activities in a wetland if he or she is satisfied that such activities shall not degrade the wetland in question.

Regulation 34, sub-regulations 2 to 4 stipulate that a ‘developer must undertake annual audits/monitoring on activities and submit reports to NEMA’.

Regulation 37 states that ‘anyone who deposits a substance that is likely to have an adverse effect on a wetland, or destroys or damages a wetland, removes soil or burn any wetland resource, or fail to protect a lake shore or river bank from environmental degradation commits an offence’.

3 The National Environment (Waste Management) Regulations (1999)

Regulation 4 of the National Environment (Waste Management) Regulations (1999) describes the sorting and disposal of domestic waste and provides that the generator of domestic waste may, without a licence issued under these regulations, dispose of non-hazardous waste in an environmentally sound manner in accordance with by-laws made by a competent local authority.)

Regulation 5, sub-regulation 1 makes it mandatory for waste generators to ‘minimize the waste generated by adopting the following cleaner production methods [through]: improvement of production processes through (i) conserving raw materials and energy; (ii) eliminating the use of toxic materials; and (iii) reducing toxic emissions and wastes.’

Regulation 4, sub-regulation 5 enables the ‘disposal of non-hazardous domestic waste...in an environmentally sound manner, without a license, provided the amount of waste does not exceed a certain quantity as defined by NEMA.’

The regulations directly mention the application of cleaner production as a means to minimise production of wastes. Regulation 5 (1) states that: A person who owns or controls a facility or premises, which generate waste, shall minimise the waste generated by adopting the following cleaner production methods:

a) Improvement of production processes through:

1. Conserving raw materials and energy;

2. Eliminating the use of toxic raw materials;

3. Reducing toxic emissions and wastes

b) Monitoring the product cycle from beginning to end by –

1) Identifying and eliminating potential negative impacts of the product;

2) Enabling the recovery and reuse of the product where possible;

3) Reclamation and recycling;

c) Incorporating environmental concerns in the design and disposal of a product.

4 The National Environment (Standards for Discharge of Effluent into Water or on Land) Regulations (1999)

They address standards for air quality, water quality, discharge of effluent into water, control of noise and soil quality. Standards for discharge of effluents into water or on land and minimum standards for management of soil quality are developed.

The Water (Waste Discharge) Regulations, 1998 make it an offence for any person to discharge effluent or wastewater on land or water without a waste discharge permit issued by the Director, DWD. A person who has been issued a Waste Discharge Permit must ensure that the effluent or waste discharged by him/her conforms to the maximum permissible limits set out in the standards.

Standards for the discharge of effluent or waste water are contained in the National Environment (Standards for Discharge of Effluent into Water or on Land) Regulations, 1999. The discharge of effluent on land or into water is regulated by the Directorate of Water Development (DWD) under The Water (Waste Discharge) Regulations, 1998. In this respect, NEMA has formally delegated its powers to DWD under The National Environment Instrument (Delegation of Waste Discharge Functions), 1999. These regulations give the maximum permissible discharge limits on parameters such as BOD, COD, nitrates, phosphates, pH, and temperature.

5 The Water (Waste Discharge) Regulations, 1998

According to Regulation 4 (1) of the Water (Waste Discharge) Regulations (1998); No person shall discharge effluent or waste on land or into aquatic environment. NEMA sets standards for the discharge of such substances in consultation with the lead agency. A person who wishes to discharge such substances in the prohibited environment must obtain a permit from the Executive Director of NEMA.

6 National Environment (Noise Standards and Control Regulations) 2003

These Regulations have adequate provisions to regulate noise pollution in any environment, including construction establishments

(Under sections 23 and 107 of the National Act) these regulations are aimed at ensuring the maintenance of a healthy environment for all people of Uganda, the tranquility of their surroundings and their psychological well-being by regulating noise levels from a facility or activity to which a person may be expected and the provision for control of noise and for mitigating measures for the reduction of noise. Under regulation 8, it is the duty of the owner of facility or premises to use the best practicable means to ensure that the emission of noise from his/her premises does not exceed the permissible noise levels.

Table 5.1: Maximum permissible noise levels relevant to project

| |Noise limits B (A) (leq) | |

| |Day |Night |

|Construction sites for buildings |75 |65 |

|Residential buildings |50 |35 |

|Mixed residential(with some commercial and entertainment) |55 |45 |

Time frame: Day -6.00am-10.00 pm; Night 10.00 p.m-6.00 a.m. The time frame takes into consideration human activity.

Section 6(1) of these regulations requires that the maximum noise levels from a facility in the general environment.

6 Institutional Framework

1 National Environment Management Authority (NEMA)

Following the enactment of the National Environment Act, the National Environment Management Authority (NEMA) was created and charged with the responsibility to oversee, coordinate and supervise environmental management in Uganda. NEMA also enforces regulatory compliance during and after construction of the office.

Following the enactment of the National Environment Act (NEA) in 1995, the National Environment Management Authority (NEMA) was created and charged with the responsibility to oversee, coordinate and supervise environmental management in Uganda. NEMA’s overall goal is to promote sound environmental management and prudent use of natural resources in Uganda.

The specific objectives of NEMA are:

• To build capacity for environmental planning management and monitoring within partner institutions and districts.

• To monitor the environment and disseminate accurate and up-to-date environmental information.

• To develop environmental policies, laws and guidelines for regulating the environment.

• To ensure integration of environmental concerns into planning at the centre, the district and local levels.

• To promote awareness programs and increase public knowledge about environmental issues.

• To enforce environmental standards and regulations.

Since its formation in 1996, NEMA has put a strong emphasis on developing environmental policies, laws and guidelines as evidenced by the large number of environmental regulations that have been enacted over the last few years (see Section 2.3).

A number of regulations and building enforcement capabilities, particularly as they pertain to the following issues, which are considered high priority include:

• Land degradation (from erosion, population pressures, deforestation).

• Wetlands management (i.e. enforcement of requirements to have a permit to conduct activities in a wetland)

• Industrial pollution (i.e. enforcement of requirements to have a wastewater discharge permit and to comply with permit conditions).

• Biodiversity loss.

NEMA’s enforcement branch is the department of Monitoring and Compliance. They are responsible for ensuring that enterprises comply with the various environmental regulations and standards. NEMA has appointed environmental inspectors whose powers and duties are spelled out in Section 81 of the National Environmental Act and can include closing any manufacturing plant or other activity which pollutes or is likely to pollute the environment contrary to the National Environment Act for a period not more than three weeks.

The environmental inspector may also issue an improvement notice requiring an operator of any manufacturing plant or other activity to cease any activities deleterious to the environment which are contrary to the Act.

NEMA has powers to prosecute environmental offenders and offences committed under the National Environment Act may earn the offender fines and prison sentences.

2 The National Water and Sewerage Corporation

National Water and Sewerage Corporation (NWSC) is mandated to supply water and provide sewerage services as a water and sewerage authority under the National Water and Sewerage Corporation Act, Water Supply Regulations, 1998 and Sewerage Regulations, 1999.

CHAPTER SIX

DESCRIPTION OF BASELINE ENVIRONMENT AND SITE SELECTION

1 Biophysical Environment

1 Rainfall

The region has a bi- modal rainfall pattern. The first rains are in March –May and second rains are in September - December with a mean annual of ranging from 1171 mm to 1330 mm. The dry spell falls between June and July and December and March. Rain fall is evenly distributed in most parts of the district. The mean maximum temperatures ranges between 27.6 – 31.1 Degrees Celsius while the mean minimum temperatures range between 15.9 – 17.2 Degrees Celsius.

2 Geology and Soils

The site lies within an area of Precambrian Basement with mainly undifferentiated acid gneisses.

3 Physical Infrastructure

The site is accessed from Wobulenzi Township on the Kampala – Gulu Highway. It is then followed by a murram road (1.5 km away) from Wobulenzi Town Centre which leads to Bukalasa Agricultural College which shares a boundary to the north of the site. The murram road is also in a good condition and connects to various areas including Ndejje University and also has connectivity back to the main Kampala-Gulu highway.

[pic][pic]

Plate 6.1: Project neighborhood

4 Topography

The topography of the site can be described as generally flat.

5 Vegetation

The vegetation is modified by landscaping and human activities which include: compound maintenance activities and office movements by several visitors to the site and there are no mature trees or threatened species and therefore have low ecological significance.

2 3 Socio-Economic Environment

1 Electricity Grid

The site has access to hydroelectricity power line which could easily to suit energy demand of the proposed establishment.

2 Telecommunications

This site is within an area that is well serviced by all wireless phone networks.

3 Water Supply

The proposed office buildings will obtain water by connection to the Directorate of Water Department (DWD) line.

4 Solid Waste Disposal

The disposal of solid waste must be in compliance with the laws. A designated waste dumping site should be used

5 Firefighting Services

In case of an emergency, the proposed office facility will have an access to firefighting extinguishers fitted within the proposed office premises. While for extreme fires the Kampala fire department will be available.

4 Stakeholder consultations

A number of issues were raised during meetings with the stakeholders carried out on 7th -8th of February 2013 at Bukalasa village, Wobulenzi Town and Luwero District and have been incorporated in the descriptions. A list of stakeholders consulted is attached in Annex 1.

CHAPTER SEVEN

PUBLIC CONSULTATIONS

1 Stakeholder Consultation and the EIA

For any project to survive and last, it must have the will of the local people. The stakeholder consultation process was conducted to provide stakeholders with an opportunity to raise concerns and comment on the potential impacts and merits of development of the proposed land office. Their input was captured in order to focus the assessment on key concerns, and to better understand expectations of the affected population. Stakeholder consultation is fundamental to the development of the EIS in the following ways:

✓ Information is shared in a meaningful and timely manner to enable the public to provide considered feedback;

✓ The EIA team is fully able to understand and characterise the potential environment and socio-economic impacts of the project; and

✓ It enables the project to develop effective mitigation measures and management plans that are sensitive to the local context.

2 Project Stakeholders

Project stakeholders include individuals, groups or organisations that will be affected by or may influence the project either positively or negatively. During the EIA process, an initial list of project stakeholders was developed. This list has been reviewed and updated on an on-going basis to ensure that it is comprehensive and accurately represents the array of stakeholders. Key Stakeholder Groups;

✓ Project Proponents/ Developer (MLH&UD)

✓ Bukalasa Land office Site

✓ Luwero Local Government

✓ Vulnerable groups (e.g. women,)

✓ Local authorities (LC1 ) and

✓ Local community members

3 Stakeholder Consultation and issues raised

This section summarizes the stakeholder consultation process conducted as part of the EIA for the proposed land office site. The Section then provides an overview of the consulting process, including the project stakeholders who have been involved and the consultation activities that have been carried out to date. The Section concludes with consultation findings. The consultation were done on one to one basis because of the nature of the location of the offices as it is located in the civic area

Brief background information was given to each stakeholder. The purpose of the background information was to convey information about the proposed project and allow stakeholders the opportunity to raise any issues or concern regarding the proposed project site.

4 General Opinion concerning the proposed project

All the respondents were positive about the development which would help improve service deliver on land matters and felt it was long overdue.

1 Potential Positive aspects during the project

The main positive aspects mentioned by the respondents were: the provision of jobs to the residents and also possible increase of land employs that would increase the purchasing power of the local goods especially agriculture items.

2 Potential Negative aspects during the project

Some people in offices near the site felt there could be an increase in noise and vibration in the during construction and that it could affect their work as they would be disturbed. The concern of having an increase in vehicular volume was also expressed.

Negative socio-economic impacts expected included;

✓ Potential for work hazards (accidents, etc)

✓ Social conflicts arising from interaction between people of different backgrounds and lifestyles

✓ Increased interaction among workers leading to the spread of HIV/AIDS Positive socio-economic impacts identified included:

- Infrastructural developments;

- Overall increased levels of development

- Overall increased business opportunities

- Employment opportunities with competitive salaries (source of livelihood)

- Competitiveness among operators in the area

5 A number of mitigation measures were proposed to mitigate identified negative impacts and these included:

✓ Prevention of soil erosion and compaction by confining movement of heavy plant machinery and equipment to designated roads and paths, and planting of vegetation in disturbed areas as well as limiting earthworks to dry season. In addition, areas within the plot that are less vegetated will be selected for infrastructure development which would be limited to 5% of the total area.

✓ Protection of drainage channels by stone pitching or planting grass to minimize erosion and siltation of the river

✓ Proper management of polluting materials, e.g. fuels, oils, chemicals and adequate contingency measures for cleanup of any spills

✓ Enhanced sanitation including heightened sensitization on hygiene and sanitation, provision of proper toilet facilities away from sensitive sites such as water sources and provision of solid waste receptacles with a sustainable system of final waste disposal. Septic tanks would be set up to treat waste water; the effluent would then be discharged into a soak away system.

✓ Sensitization and awareness on noise pollution including restricted construction and work when the people have left work especially when using vibrator.

✓ Avoiding unnecessary clearing of vegetation and disturbance to non target construction areas

✓ Enhanced re-vegetation and landscaping exercise for disturbed areas. The key measures for mitigating negative socio-economic and cultural impacts include;

✓ Provision of information and awareness creation on STI and HIV/AIDS prevention and management together with provision of social security systems for affected employees.

✓ Enhanced security measures within and around the office site premises

✓ Observance and strict enforcement of all safety rules at place of work, during construction and through operation of the land offices including adequate orientation and signage for all potential safety risk areas.

✓ Provision of first aid facilities

✓ Enhanced awareness on environmental conservation and pollution control, e.g. strict enforcement of the need for the waste to be disposed of in provided receptacles.

Table 7.1: Stakeholder consultations

The table below represents the main issues of concern from the stakeholder consultations carried out on 7th -8th of February 2013 at Bukalasa village, Wobulenzi Town and Luwero District Headquarters

|Name |Designation |Issues of concern |

|Mr. Kizito Bashir |Luwero District staff surveyor |The land is available and surveyed with no issues |

|Mr. Luyima Hood |Luwero Natural Resource Officer |The EIA was carried out only what needs to be done is to update it |

|Mr. Oketayot Christopher |Deputy CAO Luwero |What happens if there is need for site change to bring it close to the |

| | |district offices for easy monitoring |

| | |Eagerly waiting to see that the project starts |

|Mr. Magala Awus |District Physical Planner |There is urgent need for the office since the existing one is |

| | |dilapidated |

| | |The development will attract urbanization to the area together with |

| | |better services |

|Mrs. Gatese Teopista |District Environmental Officer |There will be minimal impacts from the development since the site was |

| | |already having developments |

| | |It’s a positive development |

|Mr. Ayazika Waiswa |Director Compliance- NEMA |The project EIS will need to be updated since the baseline conditions |

| | |have since changed |

|Mr Richard Oput |Assistant Commissioner-LSSP- MLH&UD |The project is meant to improve service delivery in the land management |

|Mr. Serwamba Ivan |Distrist staff surveyor |The area is free of any encumbrances |

|Mr. Nabukera Madina |Registrar of titles |The current office is small with no proper space |

|Mr. Kitenda Edward |Cartographer |The storage of maps is poor and most of them get worn out |

|Mrs. Christine Anyait |Principal- Bukalasa Agricultural college|The project is good for coexistence, since it will help develop the |

| | |place |

CHAPTER EIGHT

`PREDICTED IMPACTS AND MITIGATION

The purpose of this section is to explain the key environmental and social issues, how they were identified and the level to which they should be examined.

An impact is any change to the existing condition of the environment caused by human activity or an external influence. Impacts therefore may be positive (beneficial) or negative (adverse).they may also be direct or indirect, long-term or short-term, and extensive or local in effect. Impacts are termed cumulative when they add incrementally to existing impacts. Both positive and adverse environmental impacts could arise during the site preparation, construction and the operation phases of the office development project.

Table 8.1: Impact Identification Matrix

|Environmental Component |Construction |Construction |Construction |Operation |Operation |

| |Phase | | |Phase | |

| |Excavation |Vegetation removal |Traffic |Solid waste disposal |Traffic |

|Fauna |X |X | |x | |

|Flora |X |X | |x | |

|Air and Climate | | |x |x |x |

|Soils and Geology |X |X | | | |

|Landscape |X |X | | | |

|Socio-economic |X |X | | | |

The potential environmental impacts of office facilities are not widely documented in Uganda. It is unlikely that office facilities have adverse impacts on the environment. Adverse impacts of an office facility would emerge from when the facility is located in an ecologically sensitive environment. The topography of the site and the presence of public utility lines will not have significant environmental impact.

Environmental issues that are of importance to this plot 358 Bukalasa development include:

• Landscape and visibility;

• Noise and dust;

• Traffic;

• Personal Protective Equipment (PPE);

• Soil erosion and

1 Construction Phase Impacts

Consideration of the construction phase impacts in the following section includes those impacts related to site preparation and the clearance works.

1 Soil Erosion

Vegetation clearance, access road and exaction works related to construction of the office premise will expose soils in the affected areas leaving them vulnerable to erosion by surface runoff, a negative consequence. The flat topography of the site would tend to reduce erosive surface flows and the threat of turbidity should exist only for the duration of construction works before landscaping and drainage works are put in place.

|Mitigation |

|To the greatest extent possible, phase site clearance so as to minimize area of exposed soil at any given time. |

|Re-cover exposed soils with grass and other appropriate species as soon as possible. |

|Monitor areas of exposed soil during periods of heavy rainfall throughout the construction period of the project |

2 Nuisance Dust

It can be anticipated that a certain amount of air borne particulate (dust) will be generated by earth moving activities during construction and duration of loading of construction materials. This situation will be worst during dry season.

|Mitigation : |

|Access road and exposed ground should be regularly sprayed with water in a manner that effectively suppresses dust. |

|Stockpiles of fine materials should be wetted or covered with tarpaulin during windy conditions. |

|Workers on the site should be issued with dust masks during dry and windy conditions. |

3 Construction Noise

The use of heavy equipment during site clearance and construction works will inevitable generate noise. Albeit annoying, this negative impact will be short-term (limited to construction phase) and will not pose a threat to health or well being of humans.

|Mitigation: |

|Construction activities that will generate disturbing sounds should be restricted to normal working hours. |

|Workers operating equipment that generate noise should be equipped with noise protection gear. Workers operating equipment generating noise|

|levels greater than 80 dBA continuously for 8 hours or more should use earmuffs. Workers exposed to prolonged noise of 70-80 dBA should |

|wear earplugs. |

4 Sourcing of Earth Materials

Earth materials needed for construction (e.g. murram, sand) are normally obtained from quarry operations. Conscious or unwitting purchases of these materials from unlicensed operations indirectly support, encourages and promotes environmental degradation at illegal quarry sites and causes medium to long-term impacts. When obtained from legally operating quarries, this would provide income to operators of sand and stone quarries, which is positive but short-term impact.

|Mitigation: |

|Earth materials must be obtained from officially licensed and approved quarries. |

6 Transportation of Materials

Various materials required for construction and building (e.g. steel, blocks, lumber, gravel, asphalt, etc) will be obtained from sources elsewhere and transported to the site. Transportation these materials, typically in over-laden and sometimes uncovered trucks, usually results in undue road wear-and-tear

In the case of fine earth materials, dusting and spillages occur or roadways between source and site. Dusting degrades local air quality and material spillages, especially of gravel, worsen driving conditions or increase the risk of road accidents. These represented indirect, short-term, reversible, negative impacts on public health and safety.

|Mitigation: |

|All fine earth materials must be enclosed during transportation to the site to prevent spillage and dusting. |

|Trucks used for that purpose should be fitted with tailgates that close properly and with tarpaulins to cover the materials. |

|The cleanup of spilled earth and construction material on the main roads should be the responsibility of the Contractor and should be done |

|in a timely manner (say within 2 hours) so as not to inconvenience or endanger other road users. These requirements should be included as a|

|clause within the contracts made with the Contractor or relevant sub-Contractors. |

|As far as possible, transport of construction materials should be scheduled for off peak hours. This will reduce risk congestion and of |

|road accidents the access road to the site. |

|Appropriate traffic warning signs, informing road users of construction site entrance ahead and instructing them to reduce speed should be |

|placed along the Road. |

|Flagmen should be employed to control traffic and assist construction vehicles as they attempt to enter and exit the project site. |

7 Material Storage

The improper sitting of stockpile and storage of sand, gravel, cement, etc at the construction sites could lead to fine materials being washed away during the heavy rains, into other property. This will represent a waste of material and sedimentation of storm water. Hazardous and flammable materials (e.g. paints, thinner, solvents, etc) improperly stored and handled on the site are potential health hazards for construction workers. Spilled chemicals would have potential to contaminate soil and inhibit plant growth in localized areas.

|Mitigation: |

|The stockpiling of construction materials should be properly controlled and managed. Fine-grained materials (sand, murram etc.) should be |

|stockpiled away from surface drainage channels. |

|Low berms should be placed around the piles and/or tarpaulin used to cover open piles of stored materials to prevent them from being washed|

|away during rainfall. |

|Safe storage areas should be identified and retaining structures put in place prior to the arrival and placement of granular construction |

|materials. |

|Hazardous chemicals (e.g. fuels, oil paints) should be properly stored in appropriate containers and these should be safely locked away. |

|Conspicuous signs (e.g. “No Smoking” should also be posted around storage areas of such materials. |

8 Modification of Surface Drainage

The impervious surface created by the covered building area will be about 20-40% of the site area. The paved surfaces will generate considerable volumes of runoff during periods of prolonged rainfall .This could cause flooding on site.

|Mitigation: |

|The appropriate design and construction of an adequate storm drainage system. |

9 Construction Waste Disposal and Litter Management

Solid waste will be generated during the preparation, construction and operation and these include cut vegetation and typical construction waste (e.g. wasted concrete, soil, steel, wooden scaffolding and forms, cement bags and waste materials).This waste would negatively impact the site and surrounding environment if not properly managed and disposed of.

Cleared vegetation/burned onsite would generate smoke, negatively impacting ambient air quality. Vegetation and solid waste, if allowed to accumulate in drainage ways, could cause localized pooling and flooding. Pooling of water, in turn, would create conditions conducive to the breeding of mosquitoes. Poor construction waste management constitutes a short-term but reversible negative impact

|Mitigation |

|A site waste management plan should be prepared by the contractor prior to commencement of building. This should include the designation|

|of appropriate waste storage areas, collection and removal schedule, identification of approved disposal site, and a system for |

|supervision and monitoring. Preparation and implementation of the plan must be made the responsibility of the building contractor with |

|the system being monitored independently. |

|Special attention should be given to minimizing and reducing quantities of solid waste produced. |

|Vegetation and combustible waste must not be burned on the site. |

|Unusable construction waste, such as damaged pipes, formwork and other construction materials, must be disposed of at designated sites. |

|Proper solid waste collection and storage containers should be provided in sufficient numbers, to prevent littering on the site. |

|The skips and bins at the construction site should be adequately designed and covered to prevent access by vermin and minimise odour. |

|The skips and bins at the construction site should be adequately covered to prevent a dust nuisance |

|Arrangements should be made for the regular collection of litter and for its disposal only at a designated landfill. |

|Waste minimization and recycling measures should be considered (e.g. used water bottles may be collected and recycled or recollected by |

|the supplier for recycling purposes. |

|Arrangements should be made for the regular collection of litter and for its disposal only at a designated dumping site. |

10 Sewerage/ sanitation issues

Inadequate provision of toilets for use by workers can lead to ad hoc urination or in extreme cases defecation on the site, creating of unsanitary conditions and sources of fly infection.

|Mitigation |

|Provide portable sanitary conveniences for the construction workers for control of human waste. A ratio of approximately 15 workers per |

|toilet should be used. |

|Eco-san toilets which can easily be emptied should be provided during working hours. |

|Connect to the National Water and Sewerage Corporation main sewer line. |

11 Replanting and Landscaping

Landscaping and replanting of trees should be carried out to enhance ecology and appearance of the site. No details of landscaping plans or planting materials are available at this stage however in addition to enhancing aesthetics of the project site, landscaping provides the means for partially restoring the site’s natural elements and ecological habitats. It is therefore a significant mitigation activity with a positive, long-term impact.

|Mitigation |

|A good landscaping plan should seek to avoid the use of non-native and potentially invasive species. It should include low-maintenance |

|local species and the types of trees and shrubs used for feeding by local bird species. |

|The landscape design should seek to encourage bird life, maximize shade and windbreak effect, as well as to hide the roofline of the |

|buildings. |

12 Employment

At this stage, it is not possible to accurately determine the number of construction workers to be employed on the site but it is estimated that this number would be up to 50 persons both skilled and unskilled. This temporary employment opportunity would have a positive impact on incomes of hired construction workers

.

|Mitigation: |

|About 50 people both skilled and unskilled will be employed for a period of six months. Approximately 20 skilled workers (civil and |

|structural engineers, electrical engineers, water and sanitation engineers , foremen, masons, machine operators, security guards) and 30|

|casual labourers (cement mixers, cleaners, and others porters )will be employed |

|The workers will be hired basing on their competence, willingness to work for the requirement time frame and basing on the required skills |

|Gender issues will be observed with women considered as well and emphasis put of giving at least 60% of all the jobs to the locals of |

|Luwero district. |

13 Inadequate OHS for Construction Workers

Construction operations have potential to inflict body injuries and accidents to workers. A potential accident is construction workers falling off scaffoldings or trusses of structure when roofing. This impact is reversible if caution and personal protection gear is provided to workers exposed to construction risks.

|Mitigation: |

|Provide adequate protection gear to workers such as hard hats, boots, gloves, welding goggles to welders and safety latches to workers |

|working higher than 2 meters off ground level. |

2 Operational Phase impacts

The proposed development would potentially offer employment for about 20 persons. This would represent a positive and long-term impact.

1 Tax Revenue to Government

The proposed development would contribute tax revenue to URA and property fees to Luwero District during its operation. This is a long-term positive impact.

|Mitigation: |

|None |

2 Employment

About 20 professionals (physical planners, land officers, cartographers, registrars, surveyors, records assistants, typists, secretaries) among others will be employed in the land office and about 5-10 unskilled workers will also be employed to help in cleaning, security and any other work. This permanent employment opportunity would have a positive impact on incomes of the workers.

|Mitigation: |

|The workers will be hired basing on their competence, willingness to work and the required skills |

|Gender issues will be observed with women considered as well and emphasis put of giving at least 60% of all the jobs to the locals of |

|Luwero district. |

3 Water Supply

The office block intends to obtain water from existing National Water and Sewerage Corporation mains. This would generate additional revenue for NWSC, a positive, long-term and irreversible impact.

|Mitigation: |

|The utility provider should be involved in the planning stages of the work |

|Water use should be minimized through the use of less consuming facilities such as flush toilets systems which use less water |

|Proper maintenance of facilities will be key to reduce water loss during construction and operation |

4 Sewerage Disposal

Sewerage generated by office block would be discharged into a sewerage septic tank.

|Mitigation: |

|The utility provider should be involved in the planning stages of the work |

|Proper maintenance of facilities will be key to reduce leaks and bursts during operation |

5 Solid Waste Disposal

Poor garbage management at the office block would lead to unsanitary conditions including vermin infestation and odors. Licensed agents will be contracted for collection and safe disposal of waste generated by the office premises as per the law.

|Mitigation: |

|Ensure regular collection of garbage by Luwero District |

|Ensure waste is properly stored on site before collection and final disposal at an approved dumping site |

|In general encourage reuse and recycling of wastes that are reusable |

6 Consumption of Electricity

Umeme will supply power for the development site from the existing mains it is expected that power demand of the office block can be adequately handled by the supply. The project would therefore not cause any supply shortages to the power supply system.

Readily available power could mean efficient electricity consumption at the office block and Umeme would realize higher revenue from this situation. On the other hand, inefficient consumption would not be a negative financial impact for the office block but also for the utility company (Umeme).

|Mitigation |

|Mitigation measures relate to incorporating and improving energy management and conservation practices at the office block, such as: |

|Sub-meters and real-time energy monitoring equipment, timers, photoelectric cells, thermostats, etc, should be installed throughout the |

|office premises to monitor power consumption. |

|Install translucent shades and fluorescent lighting. |

|Pipe insulation, lagging of hot water tanks and heat recovery systems should be done whenever it is practical. |

7 Standby Electricity Generator

The office premise will maintain stand-by generator to supply electricity in case of power outages. This implies the production of noise, vibrations, storage of diesel fuel as well as the risk of hydrocarbon spills.

|Mitigation |

|Generator house should be located where effect of noise on the office premises is minimal. In additional, the generator needs to be |

|sound-proofed to reduce on the impact of noise to the nearest receptors. |

|Fuel storage facilities should comply with supplier’s specifications for contained storage. |

9 Resource Consumption

Without adequate investment in conservation practices, the office premises will consume excessive quantities of electricity and water. For instance the simplest mistake of running office air conditioning unit when windows are open can lead to immense waste of electricity per hour. This is not environmentally undesirable but it is also financially burdensome.

|Mitigation |

|Architects of the proposed office block should incorporate resource conservation technologies in the design and construction of the office.|

|Some of these are: |

|Inside rooms: Conservation measures |

|-A/C will switch off automatically once a window is opened |

|-A/C self adjusts to the minimum when no person is detected in the room |

|-Widespread use of energy saving bulb of fluorescent tubes |

|-lights that switch off automatically when there are no people inside a room |

|-Water tank in toilet to use water saving devise 3/6 liters per flush |

|-Low water discharge, “press down” faucets (taps) that cannot be left running. |

|-Use of biodegradable soaps in rooms |

|Office-wide measures |

|-All outdoor areas be provided with electronic switching devices to ensure that lights are turned off during daylight hours |

|-Widespread use of low consumption (6/9 watts) fluorescent bulbs to save electricity. |

|-Water harvesting techniques from the roof top of the building. |

Table 8.2: Energy Efficient versus Standard Fixture Installation

|Feature |Installed Energy Efficient Measures |Energy Use Reduction By % |

|Building Envelope |R24 Roof & R20 Walls |Reduces heat loss 10 -30% |

|Glazing Insulation |Low-e glazing |Reduces heat loss 10 -30% |

|Lighting System |Fluorescent Lighting /Electronic Ballast's |15 - 70% |

|General Lighting |Re-electrolyzed Luminaries |Up to 15% |

| |Compact Fluorescent |70% |

| |Photo-electric day-lighting controls |Up to 30% |

|Exit Signs Controls |Localized lighting switches and photo-electric control monitored by programmable |Up to 15% |

| |time clock | |

|HVAC System |Water-source heat pump system |Up to 10% |

|Heat Pump Controls |Programmable thermostats throughout |10% |

| | | |

Savings listed are given as a percentage of technology energy use when compared to standard building practices.

Table 8.3: Summary of Construction Impacts

| |Environmental/socio- |IMPACT TYPE |MITIGATION |

| |Economic impact |Positive |Negative |

| |economic impact |Positive |Negative | | |

|  |  |  |Who collects |Who checks, Counter-checks |Met|

| | | | | |hod|

| | | | | |(s)|

| | | | | |, |

| | | | | |Too|

| | | | | |ls |

| |  | |Who collects |Who checks, |Method(s), **Action |Who acts, |Referral (if action cannot|

| | | | |Counter-checks | |**Action |be taken) |

| | | |  |  |** Ensure construction crew is | | |

| | | | | |ecologically aware and responsible.| | |

| | | |  |  | |  |  |

|Solid |- Improper construction waste management practices observed on| |Site Engineer |

|/construction |site throughout construction period. | | |

|Waste Management| | | |

|01. | Information and awareness on the ongoing construction |Weekly |10,000,000 |

| |activities, HIV /AIDs and STD’s to construction workers and | | |

| |condom distribution | | |

|02. |Occupation Health and Safety |Person- 6 months |16,000,000 |

| |Provision of personal protective equipment i.e safety | | |

| |clothing and equipment for the workforce | | |

|03. | Landscaping and Tree Planting and vegetation Establishment |cu.m. |7,000,000 |

| |Trees and Shrubs | | |

|04. |Dust suppression |Cu.m of water for dust |6,000,000 |

| | |suppression | |

|05. |Ensure fire extinguishers are stationed in visible places. |Monthly |8,000,000 |

| |Security personnel and occupants to be trained in fire | | |

| |fighting skills. | | |

| |Drilling exercise to be conducted | | |

| |Regularly | | |

|06. |Solid waste collection during construction |Monthly (500,000) for 6months |3,000,000 |

|07. |Sewerage and Sanitation management during construction |Monthly (300,000) for 6 months |1,800,000 |

| |Total | |53 ,800,000 |

CHAPTER NINE

CONCLUSION

Generally, the positive impacts of this project are rated by this study as largely positive with a potential to reduce significantly the lack of office accommodation. The overall negative impacts are rated as minimal. With adequate mitigation measures that have been proposed, the negative impacts can be addressed. This study therefore recommends that the project be approved for implementation.

BIBLIOGRAPHIES & REFERENCES

1. Constitutional of Republic of Uganda,1995

2. EIA Guidelines, Uganda, 1997

3. Luwero Structure Plan (2007-2017)

4. The Republic of Uganda/NEMA: State of Environment Report for Uganda, 2002.

5. The Republic of Uganda: The Environment Impact Assessment Regulation, 1998.

6. The Republic of Uganda: The Water Act Cap, 152.

7. The Public Health Act, 1964.

8. The Uganda Gazette No. 21, Vol. LXXXVIII: The National Environment Act, Cap 153.

9. The Republic of Uganda: State of Soil Erosion Hazards/Soil Degradation in Uganda, 1991

10. The World Bank: Operational Policies - Environmental Assessment, OP 4.01, January 1999.

ANNEX 1-People Consulted

|Mr. Luyima Hood |Natural Resource Officer |Luwero |

|Mr. Ayazika Waiswa |Director Compliance |NEMA |

|Mr Richard Oput |Assistant Commissioner-LSSP |MLH&UD |

|Mr. Serwamba Ivan |Distrist staff surveyor |Luwero |

|Mr. Kizito Bashir |Staff Surveyor |Nakaseke |

|Mr. Nabukera Madina |Registrar of titles |Luwero |

|Mr. Oketayot Christopher |Deputy CAO |Luwero |

|Mr. Magala Awus |Physical Planner |Luwero |

|Mrs. Gatese Teopista |Environmental officer |Luwero |

|Mr. Kitenda Edward |Cartographer |Luwero |

|Mrs. Chrsitine Anyait |Principal |Bukalasa Agricultural college |

The consultations above were carried out between 7th -8th of February 2013 at Bukalasa village, Wobulenzi Town and Luwero District Headquarters. In summary, the consultations revealed that the stakeholders still had fears that the project would not take place since the project was overdue, the impacts from the project are minimal and can easily be mitigated since they have enough capacity to do so, however the needed to be involved from the start of the project. In general the expectations are high and the residents are yearning for improved service delivery

ANNEX 2 – Site Layout for Proposed Office Premises

ANNEX 3- Architectural Drawings

ANNEX 4-Noise Standards

SCHEDULES

FIRST SCHEDULE

MAXIMUM PERMISSIBLE NOISE LEVELS

PART II

Regulation 6(2)

Maximum Permissible Noise Levels (Continuous or intermittent noise) from a Factory or Workshop

|Column 1 |Column 2 |Column 3 |

|Leq dB (A) |Duration (Daily) |Duration (Weekly) |

|85 |8 hours |40 hours |

|88 |4 hours |20 hours |

|91 |2 hours |10 hours |

|94 |1 hour |5 hours |

|97 |30 minutes |2.5 hours |

|100 |15 minutes |1.25 hours |

|103 |7.5 minutes |37.5 minutes |

|106 |3.75 minutes |18.75 minutes |

|109 |1.875 minutes |9.375 minutes |

Noise Levels shall not exceed a Leq of—

i) Factory/Workshops 85 dB (A)

ii) Offices 50 dB (A)

iii) Factory/Workshop Compound 75 dB (A).

PART III

Regulation 6(3)

Maximum Permissible Noise Levels for Impact or Impulsive Noise

|Column 1 |Column 2 |

|Sound Level dB (A) (Lmax) |Permitted number of Impulses or Impacts per day |

|140 |100 |

|130 |1,000 |

|120 |10,000 |

PART IV

Regulation 6(4)

Maximum Permissible Noise Levels for Construction Site

|Column 1 |Column 2 |

|Facility |Maximum noise level permitted (Leq) in dB (A) |

| |Day |Night |

|Hospital, schools, institutions of higher learning homes for the disabled, etc |60 |50 |

|Buildings other than those prescribed in paragraph (i). |75 |65 |

PART VIII

Regulations 6(8)

Maximum Permissible Noise Levels for Accelerating Vehicles

|Column 1 |Column 2 |

| |VEHICLES CATEGORY |MAXIMUM SOUND LEVEL IN dB (A) |

|1. |Vehicles intended for carriage of passengers and equipped with not more than nine seats, including |78 |

| |the driver’s seat | |

|2. |Vehicles intended for carriage of passengers, and equipped with not more than nine seats, including | |

| |the drivers seat and having maximum permissible mass of more than 3.5 tones:- | |

| | | |

| |with an engine power of less than 150KW | |

| | | |

| |with an engine power of less than 150 KW | |

|a | |80 |

| | | |

|b | |83 |

|3. |Vehicles intended for carriage of passengers and equipped with more than nine seats including the | |

| |driver’s seat: vehicles intended for carriage of goods:- | |

| | | |

| |with a maximum permissible mass not exceeding 2 tonnes. | |

| | | |

|a |with a maximum permissible mass exceeding 2 tonnes but not exceeding 3.5 tonnes. |79 |

| | | |

| | | |

|b | |80 |

|4. |Vehicles intended for the carriage of goods and having a maximum permissible mass exceeding 3.5 | |

| |tonnes. | |

| | | |

| |with an engine power of not less than 75 KW | |

|a | |81 |

| |with an engine power of not less than 75 KW but less than 1.50 KW. | |

|b | |83 |

| |with an engine power of not less than 150KW | |

| | | |

|c | |84 |

ANNEX 5-Copy of the Land Title of the proposed site

|[pic] |

|[pic] |

ANNEX 6-General Environment Management Conditions for Construction Contracts

General Environmental Management Conditions for Construction Contracts

General

1. In addition to these general conditions, the Contractor shall comply with any specific Environmental Management Plan (EMP) or Environmental and Social Management Plan (ESMP) for the works he is responsible for. The Contractor shall inform himself about such an EMP, and prepare his work strategy and plan to fully take into account relevant provisions of that EMP. If the Contractor fails to implement the approved EMP after written instruction by the Supervising Engineer (SE) to fulfill his obligation within the requested time, the Owner reserves the right to arrange through the SE for execution of the missing action by a third party on account of the Contractor.

2. Notwithstanding the Contractor’s obligation under the above clause, the Contractor shall implement all measures necessary to avoid undesirable adverse environmental and social impacts wherever possible, restore work sites to acceptable standards, and abide by any environmental performance requirements specified in an EMP. In general these measures shall include but not be limited to:

(a) Minimize the effect of dust on the surrounding environment resulting from earth mixing sites, asphalt mixing sites, dispersing coal ashes, vibrating equipment, temporary access roads, etc. to ensure safety, health and the protection of workers and communities living in the vicinity dust producing activities.

(b) Ensure that noise levels emanating from machinery, vehicles and noisy construction activities (e.g. excavation, blasting) are kept at a minimum for the safety, health and protection of workers within the vicinity of high noise levels and nearby communities.

(c) Ensure that existing water flow regimes in rivers, streams and other natural or irrigation channels is maintained and/or re-established where they are disrupted due to works being carried out.

(d) Prevent bitumen, oils, lubricants and waste water used or produced during the execution of works from entering into rivers, streams, irrigation channels and other natural water bodies/reservoirs, and also ensure that stagnant water in uncovered borrow pits is treated in the best way to avoid creating possible breeding grounds for mosquitoes.

(e) Prevent and minimize the impacts of quarrying, earth borrowing, piling and building of temporary construction camps and access roads on the biophysical environment including protected areas and arable lands; local communities and their settlements. In as much as possible restore/rehabilitate all sites to acceptable standards.

(f) Upon discovery of ancient heritage, relics or anything that might or believed to be of archeological or historical importance during the execution of works, immediately report such findings to the SE so that the appropriate authorities may be expeditiously contacted for fulfillment of the measures aimed at protecting such historical or archaeological resources.

(g) Discourage construction workers from engaging in the exploitation of natural resources such as hunting, fishing, collection of forest products or any other activity that might have a negative impact on the social and economic welfare of the local communities.

(h) Implement soil erosion control measures in order to avoid surface run off and prevents siltation, etc.

(i) Ensure that garbage, sanitation and drinking water facilities are provided in construction workers camps.

(j) Ensure that, in as much as possible, local materials are used to avoid importation of foreign material and long distance transportation.

(k) Ensure public safety, and meet traffic safety requirements for the operation of work to avoid accidents.

3. The Contractor shall indicate the period within which he/she shall maintain status on site after completion of civil works to ensure that significant adverse impacts arising from such works have been appropriately addressed.

4. The Contractor shall adhere to the proposed activity implementation schedule and the monitoring plan / strategy to ensure effective feedback of monitoring information to project management so that impact management can be implemented properly, and if necessary, adapt to changing and unforeseen conditions.

5. Besides the regular inspection of the sites by the SE for adherence to the contract conditions and specifications, the Owner may appoint an Inspector to oversee the compliance with these environmental conditions and any proposed mitigation measures. State environmental authorities may carry out similar inspection duties. In all cases, as directed by the SE, the Contractor shall comply with directives from such inspectors to implement measures required to ensure the adequacy rehabilitation measures carried out on the bio-physical environment and compensation for socio-economic disruption resulting from implementation of any works.

Worksite/Campsite Waste Management

6. All vessels (drums, containers, bags, etc.) containing oil/fuel/surfacing materials and other hazardous chemicals shall be bunded in order to contain spillage. All waste containers, litter and any other waste generated during the construction shall be collected and disposed off at designated disposal sites in line with applicable government waste management regulations.

7. All drainage and effluent from storage areas, workshops and camp sites shall be captured and treated before being discharged into the drainage system in line with applicable government water pollution control regulations.

8. Used oil from maintenance shall be collected and disposed off appropriately at designated sites or be re-used or sold for re-use locally.

9. Entry of runoff to the site shall be restricted by constructing diversion channels or holding structures such as banks, drains, dams, etc. to reduce the potential of soil erosion and water pollution.

10. Construction waste shall not be left in stockpiles along the road, but removed and reused or disposed of on a daily basis.

11. If disposal sites for clean spoil are necessary, they shall be located in areas, approved by the SE, of low land use value and where they will not result in material being easily washed into drainage channels. Whenever possible, spoil materials should be placed in low-lying areas and should be compacted and planted with species indigenous to the locality.

Material Excavation and Deposit

12. The Contractor shall obtain appropriate licenses/permits from relevant authorities to operate quarries or borrow areas.

13. The location of quarries and borrow areas shall be subject to approval by relevant local and national authorities, including traditional authorities if the land on which the quarry or borrow areas fall in traditional land.

14. New extraction sites:

a) Shall not be located in the vicinity of settlement areas, cultural sites, wetlands or any other valued ecosystem component, or on on high or steep ground or in areas of high scenic value, and shall not be located less than 1km from such areas.

b) Shall not be located adjacent to stream channels wherever possible to avoid siltation of river channels. Where they are located near water sources, borrow pits and perimeter drains shall surround quarry sites.

c) Shall not be located in archaeological areas. Excavations in the vicinity of such areas shall proceed with great care and shall be done in the presence of government authorities having a mandate for their protection.

d) Shall not be located in forest reserves. However, where there are no other alternatives, permission shall be obtained from the appropriate authorities and an environmental impact study shall be conducted.

e) Shall be easily rehabilitated. Areas with minimal vegetation cover such as flat and bare ground, or areas covered with grass only or covered with shrubs less than 1.5m in height, are preferred.

f) Shall have clearly demarcated and marked boundaries to minimize vegetation clearing.

15. Vegetation clearing shall be restricted to the area required for safe operation of construction work. Vegetation clearing shall not be done more than two months in advance of operations.

16. Stockpile areas shall be located in areas where trees can act as buffers to prevent dust pollution. Perimeter drains shall be built around stockpile areas. Sediment and other pollutant traps shall be located at drainage exits from workings.

17. The Contractor shall deposit any excess material in accordance with the principles of these general conditions, and any applicable EMP, in areas approved by local authorities and/or the SE.

18. Areas for depositing hazardous materials such as contaminated liquid and solid materials shall be approved by the SE and appropriate local and/or national authorities before the commencement of work. Use of existing, approved sites shall be preferred over the establishment of new sites.

Rehabilitation and Soil Erosion Prevention

19. To the extent practicable, the Contractor shall rehabilitate the site progressively so that the rate of rehabilitation is similar to the rate of construction.

20. Always remove and retain topsoil for subsequent rehabilitation. Soils shall not be stripped when they are wet as this can lead to soil compaction and loss of structure.

21. Topsoil shall not be stored in large heaps. Low mounds of no more than 1 to 2m high are recommended.

22. Re-vegetate stockpiles to protect the soil from erosion, discourage weeds and maintain an active population of beneficial soil microbes.

23. Locate stockpiles where they will not be disturbed by future construction activities.

24. To the extent practicable, reinstate natural drainage patterns where they have been altered or impaired.

25. Remove toxic materials and dispose of them in designated sites. Backfill excavated areas with soils or overburden that is free of foreign material that could pollute groundwater and soil.

26. Identify potentially toxic overburden and screen with suitable material to prevent mobilization of toxins.

27. Ensure reshaped land is formed so as to be inherently stable, adequately drained and suitable for the desired long-term land use, and allow natural regeneration of vegetation.

28. Minimize the long-term visual impact by creating landforms that are compatible with the adjacent landscape.

29. Minimize erosion by wind and water both during and after the process of reinstatement.

30. Compacted surfaces shall be deep ripped to relieve compaction unless subsurface conditions dictate otherwise.

31. Revegetate with plant species that will control erosion, provide vegetative diversity and, through succession, contribute to a resilient ecosystem. The choice of plant species for rehabilitation shall be done in consultation with local research institutions, forest department and the local people.

Water Resources Management

32. The Contractor shall at all costs avoid conflicting with water demands of local communities.

33. Abstraction of both surface and underground water shall only be done with the consultation of the local community and after obtaining a permit from the relevant Water Authority.

34. Abstraction of water from wetlands shall be avoided. Where necessary, authority has to be obtained from relevant authorities.

35. Temporary damming of streams and rivers shall be done in such a way avoids disrupting water supplies to communities downstream, and maintains the ecological balance of the river system.

36. No construction water containing spoils or site effluent, especially cement and oil, shall be allowed to flow into natural water drainage courses.

37. Wash water from washing out of equipment shall not be discharged into water courses or road drains.

38. Site spoils and temporary stockpiles shall be located away from the drainage system, and surface run off shall be directed away from stockpiles to prevent erosion.

Traffic Management

39. Location of access roads/detours shall be done in consultation with the local community especially in important or sensitive environments. Access roads shall not traverse wetland areas.

40. Upon the completion of civil works, all access roads shall be ripped and rehabilitated.

41. Access roads shall be sprinkled with water at least five times a day in settled areas, and three times in unsettled areas, to suppress dust emissions.

Blasting

42. Blasting activities shall not take place less than 2km from settlement areas, cultural sites, or wetlands without the permission of the SE.

43. Blasting activities shall be done during working hours, and local communities shall be consulted on the proposed blasting times.

44. Noise levels reaching the communities from blasting activities shall not exceed 90 decibels.

Disposal of Unusable Elements

45. Unusable materials and construction elements such as electro-mechanical equipment, pipes, accessories and demolished structures will be disposed of in a manner approved by the SE. The Contractor has to agree with the SE which elements are to be surrendered to the Client’s premises, which will be recycled or reused, and which will be disposed of at approved landfill sites.

46. As far as possible, abandoned pipelines shall remain in place. Where for any reason no alternative alignment for the new pipeline is possible, the old pipes shall be safely removed and stored at a safe place to be agreed upon with the SE and the local authorities concerned.

47. AC-pipes as well as broken parts thereof have to be treated as hazardous material and disposed of as specified above.

48. Unsuitable and demolished elements shall be dismantled to a size fitting on ordinary trucks for transport.

Health and Safety

49. In advance of the construction work, the Contractor shall mount an awareness and hygiene campaign. Workers and local residents shall be sensitized on health risks particularly of AIDS.

50. Adequate road signs to warn pedestrians and motorists of construction activities, diversions, etc. shall be provided at appropriate points.

51. Construction vehicles shall not exceed maximum speed limit of 40km per hour.

Repair of Private Property

52. Should the Contractor, deliberately or accidentally, damage private property, he shall repair the property to the owner’s satisfaction and at his own cost. For each repair, the Contractor shall obtain from the owner a certificate that the damage has been made good satisfactorily in order to indemnify the Client from subsequent claims.

53. In cases where compensation for inconveniences, damage of crops etc. are claimed by the owner, the Client has to be informed by the Contractor through the SE. This compensation is in general settled under the responsibility of the Client before signing the Contract. In unforeseeable cases, the respective administrative entities of the Client will take care of compensation.

Contractor’s Health, Safety and Environment Management Plan (HSE-MP)

54. Within 6 weeks of signing the Contract, the Contractor shall prepare an EHS-MP to ensure the adequate management of the health, safety, environmental and social aspects of the works, including implementation of the requirements of these general conditions and any specific requirements of an EMP for the works. The Contractor’s EHS-MP will serve two main purposes:

• For the Contractor, for internal purposes, to ensure that all measures are in place for adequate HSE management, and as an operational manual for his staff.

• For the Client, supported where necessary by a SE, to ensure that the Contractor is fully prepared for the adequate management of the HSE aspects of the project, and as a basis for monitoring of the Contractor’s HSE performance.

55. The Contractor’s EHS-MP shall provide at least:

• a description of procedures and methods for complying with these general environmental management conditions, and any specific conditions specified in an EMP;

• a description of specific mitigation measures that will be implemented in order to minimize adverse impacts;

• a description of all planned monitoring activities (e.g. sediment discharges from borrow areas) and the reporting thereof; and

• the internal organizational, management and reporting mechanisms put in place for such.

56. The Contractor’s EHS-MP will be reviewed and approved by the Client before start of the works. This review should demonstrate if the Contractor’s EHS-MP covers all of the identified impacts, and has defined appropriate measures to counteract any potential impacts.

HSE Reporting

57. The Contractor shall prepare bi-weekly progress reports to the SE on compliance with these general conditions, the project EMP if any, and his own EHS-MP. An example format for a Contractor HSE report is given below. It is expected that the Contractor’s reports will include information on:

• HSE management actions/measures taken, including approvals sought from local or national authorities;

• Problems encountered in relation to HSE aspects (incidents, including delays, cost consequences, etc. as a result thereof);

• Lack of compliance with contract requirements on the part of the Contractor;

• Changes of assumptions, conditions, measures, designs and actual works in relation to HSE aspects; and

• Observations, concerns raised and/or decisions taken with regard to HSE management during site meetings.

58. It is advisable that reporting of significant HSE incidents be done “as soon as practicable”. Such incident reporting shall therefore be done individually. Also, it is advisable that the Contractor keep his own records on health, safety and welfare of persons, and damage to property. It is advisable to include such records, as well as copies of incident reports, as appendixes to the bi-weekly reports. Example formats for an incident notification and detailed report are given below. Details of HSE performance will be reported to the Client through the SE’s reports to the Client.

Training of Contractor’s Personnel

59. The Contractor shall provide sufficient training to his own personnel to ensure that they are all aware of the relevant aspects of these general conditions, any project EMP, and his own EHS-MP, and are able to fulfil their expected roles and functions. Specific training should be provided to those employees that have particular responsibilities associated with the implementation of the EHS-MP. General topics should be:

• HSE in general (working procedures);

• emergency procedures; and

• social and cultural aspects (awareness raising on social issues).



Cost of Compliance

60. It is expected that compliance with these conditions is already part of standard good workmanship and state of art as generally required under this Contract. The item “Compliance with Environmental Management Conditions” in the Bill of Quantities covers these costs. No other payments will be made to the Contractor for compliance with any request to avoid and/or mitigate an avoidable HSE impact.

Example Format: HSE Report

Contract:

Period of reporting:

HSE management actions/measures:

Summarize HSE management actions/measures taken during period of reporting, including planning and management activities (e.g. risk and impact assessments), HSE training, specific design and work measures taken, etc.

HSE incidents:

Report on any problems encountered in relation to HSE aspects, including its consequences (delays, costs) and corrective measures taken. Include relevant incident reports.

HSE compliance:

Report on compliance with Contract HSE conditions, including any cases of non-compliance.

Changes:

Report on any changes of assumptions, conditions, measures, designs and actual works in relation to HSE aspects.

Concerns and observations:

Report on any observations, concerns raised and/or decisions taken with regard to HSE management during site meetings and visits.

Signature (Name, Title Date):

Contractor Representative.

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[1] A large percentage of the urban population in Uganda lives in urban slums, without secure access to land. Integration of this population through efficient and equitable land markets is critical to ensure well-functioning cities.

[2] A large percentage of the urban population in Uganda lives in urban slums, without secure access to land. Integration of this population through efficient and equitable land markets is critical to ensure well-functioning cities.

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E4161 v3

ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

Allen House, Plot 574, Stensera road,

Kayanja Triangle Rubaga Kabusu,

P.o Box 34950, Kampala, Uganda.

Webmail:info@

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