5.4.1 Overview
The sections below will illustrate specific steps (Summarized in Fig. 5.1) involved in the environmental and social assessment process leading towards clearance and approval of activities under ZSEP. The steps incorporate requirements stipulated in the (Environmental Management for Sustainable Development) Act No. 2 of 1996 and as amplified by the Department of Environment.
5.4.2 Procedure for environmental screening of sub-projects under ZSEP
This section prescribes safeguards that ensure that sub projects financed under ZSEP remain sensitive to both WB and RGZ requirements for a safe environment. It must be emphasized that given the observed concurrence between the RGZ and WB safeguards on environmental management, by ZSEP complying with Act No. 2 of 1996, it will simultaneously have addressed the World Bank requirements. However, given the observed triggering of other WB safeguards, certain ZSEP subcomponents will also be subject to screening under other legislation notably the Stone Town Conservation Authority Act No. 3 of 1994.
Three screening procedures are recognized based on the three categories likely to be financed under ZSEP as follows:-
Fig. 6.1 below illustrates logical screening process for each category of projects. The figure also indicates the stage and level of involvement of each player taking part in the screening process.
Screening in rehabilitation of schools outside Stone Town: Screening for such schools will be fairly straight forward. The MoEVT will prepare and approve architectural plans for the rehabilitation and then appoint contractors and a supervision team. During construction, MoEVT will monitor impacts as per table 5.1 of this ESMF. For this category of projects, the MoEVT is the sole actor.
Screening in rehabilitation of schools within Stone Town: The procedure here will start with the MoEVT preparing and approving architectural plans for the proposed development. The plans will then be submitted to the Stone Town Development and Conservation Authority who will then scrutinize and approve/reject the same as per their established procedure (See Annex 4). Once the STDCA approves the plans, the MoEVT will appoint Contractors and Supervisory Team. Construction will be supervised jointly by both the MoEVT and STDCA.
Fig 5.1: Schematic presentation of screening procedures
Who are the key actors in this process. During construction MoEVT will monitor implementation of impact mitigation as per this ESMF.
Screening in the construction of new institutions: The procedure prescribed for this category is lengthy and will involve diverse actors as follows:-
Firstly, and for each site, the MoEVT will identify the land targeted for development of institutions and satisfy that the land satisfies the criteria set by this ESMF (Annex 2). MoEVT will then approach the Dept of lands at respective district level who will then scrutinize the proposal to ensure that it is in line with the local Land-use Development Plan.
Once concurrence of the Dept of Lands is obtained, MoEVT will then prepare architectural plans and submit the same to the Dept of Environment in for of a stand alone project report in line with Part V of Act No. 2 of 1996. DOE will follow its procedure for project screening as specified in sections 38, to 40 of Act No. 2 of 1996 following which an EIA Certificate will be issued to MoEVT.
Upon grant of the EIA Certificate, the MoEVT will appoint a contractor who will simultaneously implement the plan and execute impact mitigation measures as identified in this ESMF and as will be recommended by the DOE. The MoEVT will monitor implementation of the Impact Mitigation Plan and file reports to DOE who will also under take monitoring as per Act No. 2 of 1996.
This ESMF has scrutinized subprojects proposed for financing under the ZSEP and concluded that none of them strictly peaking triggers Schedule Three of Act No. 2 of 1996. As such environmental assessment of the sub-projects under ZSEP is anticipated to end at the levels indicated above. However, should the DOE deem it necessary for a full cycle EIA to be undertaken, then, Act No. 2 of 1996 will take precedence.
Streamlining of stakeholder roles in the screening of sub-projects: From Fig 5.1 above, more features of the ZSEP screening process start to emerge as follows:-
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The Department of Environmental Affairs will only be involved in the screening of new sites. This is because sites for rehabilitation works have already been identified and none of the proposed works triggers the Third Schedule of Act No. 2 of 1996. Screening for rehabilitation works will be on the basis the Contract for Construction to be administered by MoEVT during construction work.
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The Stone Town Development and Conservation Authority will only be involved in the screening rehabilitation targeting schools under the Authority. Their environmental screening will be similar to those of schools outside Stone Town.
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The Department of Lands will only be involved in screening of sites targeted for new construction. A checklist for their use (Annex Three) is also provided.
Such streamlining and clarification of roles will eliminate delays in project implementation. It also illustrates the overwhelming responsibility for environmental management placed on the shoulders of the MoEVT. Requisite capacity building for the MoEVT has been amplified in sections below.
Modalities for Stakeholder Consultation: Consultations undertaken for this ESMF (Annex Six) reveal that the ZSEP enjoys overwhelming support among diverse categories of stakeholders. However, to anchor the ZSEP deeper with stakeholders, this ESMF identifies further course of stakeholder consultations.
At selection of new sites: Decision on new sites should be preceded by wide consultations bringing in the relevant RGZ departments at district Level, the Sheha Councils, local citizenry and advocacy groups in the area.
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Contacts with STDCA during review of proposals for rehabilitation of Stone Town Schools,
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Mandatory consultations during preparation of Project Reports
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Mandatory public review of Project Reports as required of the DOE by section 44 of Act No. 2 of 1996.
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Consultations during preparation of the RAP,
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Consultations with School Boards during screening of all schools targeted for rehabilitation.
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Public review of the ESMF: In line with OB 4.01, this ESMF will be availed for public review in designated places in Zanzibar and will also be posted on the World Bank’s Infoshop. The ESMF will also be posted on the official website of the RGZ.
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