THE REPUBLIC OF SOUTH AFRICA WILDLIFE CONSERVATION BOND (P174097) ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) FOR THE INFRASTRUCTURE DEVELOPMENT AND UPGRADES IN THE GREAT FISH RIVER NATURE RESERVE May 2023 Page | 1 Environmental and Social Management Plan - ESMP Table of Contents Abbreviations ..........................................................................................................................................................4 1. Introduction ............................................................................................................. 15 1.1 Wildlife Conservation Bond Project Components ................................................................. 16 1.1.1 Component 1: Improved Rhino Conservation Management (US$ 8M)................... 17 1.1.2 Component 2 – National/Regional Enabling Conditions to coordinate shared security and research opportunities (US$0.5 M)................................................................................ 19 1.1.3 Component 3 – Project management and monitoring (US$0.5 M).......................... 20 1.1.4 Component 4: Conservation Success Payment (US$13.76 M) .................................... 20 2. Environmental and Social Baseline for the great fish river nature reserve ........ 20 2.1 Environmental Context ..................................................................................................................... 22 2.1.1 Climate ............................................................................................................................................ 22 2.1.2 Topography, geology, and soils ............................................................................................. 22 2.1.3 Hydrology ...................................................................................................................................... 22 2.1.4 Forests ............................................................................................................................................. 23 2.1.5 Fauna and flora ........................................................................................................................... 23 2.1.6 Marine ecosystem ....................................................................................................................... 24 2.1.7 Great Fish River Nature Reserve ........................................................................................... 25 2.1.8 Surrounding Land-use .............................................................................................................. 26 2.2 Social Context ........................................................................................................................................ 26 2.2.1 Population and Size ................................................................................................................... 26 2.2.2 Economic Growth and Setting ............................................................................................... 26 2.2.3 Education....................................................................................................................................... 27 2.2.4 Agriculture and Manufacturing ............................................................................................ 27 2.2.5 Poverty and Income Distribution.......................................................................................... 27 2.2.6 Gender Based Violence.............................................................................................................. 28 2.2.7 Labour and Employment ......................................................................................................... 28 2.2.8 Water and Sanitation................................................................................................................ 29 2.2.9 Electricity....................................................................................................................................... 29 3. Description of Sub-project Activities ..................................................................... 29 3.1.1. Perimeter fence ........................................................................................................................... 31 3.1.2. Maintenance of internal roads .............................................................................................. 32 3.1.3. Accommodation Units ............................................................................................................... 33 3.1.4. Workshop and fuel storage ..................................................................................................... 33 3.1.1 Construction activities and labour requirements........................................................... 34 3.2 Scope of the ESMP ............................................................................................................................... 35 3.2.1 Planning and Design Phase..................................................................................................... 36 3.2.2 Construction Phase .................................................................................................................... 36 3.2.3 Operation and Maintenance ................................................................................................... 36 3.2.4 Decommissioning Phase ........................................................................................................... 36 4. Legal and Administrative Framework ................................................................... 36 4.1 The South African Legal and Policy Framework .................................................................... 36 4.2 International Environmental and Social Management Requirements ......................... 40 4.3 World Bank Environmental & Social Standards ..................................................................... 42 4.3.1 World Bank Group’s Environmental, Health and Safety Guidelines........................ 43 4.4 Gap Assessment of World Bank and National Requirements ........................................... 44 5. Institutional Arragements and Roles and Responsibilities ................................... 51 5.1 Eastern Cape Parks and Tourism Agency.................................................................................. 51 5.2 Great Fish River Nature Reserve ................................................................................................... 51 5.3 GFRNR Environmental and Social Staff ...................................................................................... 53 5.3.1 Environmental Planner ........................................................................................................... 53 5.3.2 Community Liaison Officer ...................................................................................................... 53 5.3.3 Environmental Control Officer (ECO) ................................................................................. 54 5.4 The Contractor ...................................................................................................................................... 54 5.4.1 Contractor’s Environmental, Health and Safety (EHS) Officer ................................. 55 5.5 ESMP implementation and failure to comply .......................................................................... 55 Page | 2 Environmental and Social Management Plan - ESMP 6. Potential Environmental and Social Impacts and Mitigation............................... 57 6.1 Expected Positive Impacts ............................................................................................................... 57 6.2 Potential Adverse Impacts ............................................................................................................... 57 6.2.1 Environmental ............................................................................................................................. 57 6.2.2 Social ............................................................................................................................................... 58 6.3 Environmental and Social Management Plan .......................................................................... 59 6.4 Environmental and Social Monitoring ........................................................................................ 84 6.4.1 Monitoring and Reporting ...................................................................................................... 91 7. Training And Awareness Session ........................................................................... 93 Annex A - Labour Management .................................................................................................................... 95 Annex B - Occupational Health and Safety Specifications .............................................................. 101 Annex C: Project Specific Code of Conduct for Contractors........................................................... 111 Annex D: GFRNR Standard COVID-19 Protocol for Contractors ................................................. 114 Annex E: Chance Find Procedures............................................................................................................ 117 Page | 3 Environmental and Social Management Plan - ESMP Abbreviations AENP Addo Elephant National Park BEE Black Economic Empowerment BRREP Black Rhino Range Expansion Project (WWF) CoC Code of Conduct COVID-19 Coronavirus disease DALRRD Department of Agriculture, Land Reform and Rural Development DFFE Department of Forestry, Fisheries and Environment (South Africa) DIFR Disabling Injury Frequency Rate DISR Disabling Injury Severity Rate DoL Department of Labour DWS Department of Water and Sanitation ESHS Environmental, Social, Health and Safety EIA Environmental Impact Assessment EMI Environmental Management Inspectorate ESF Environmental and Social Framework (World Bank) ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESS Environmental and Social Standard (World Bank) GBV Gender Based Violence GDP Gross Domestic Product GEF Global Environmental Facility GFRNR Great Fish River Nature Reserve HIV/AIDS Human Immunodeficiency virus/ acquired immunodeficiency syndrome HR Human Resources HS Health and Safety IFC International Finance Corporation IUCN International Union for Conservation of Nature M&E Monitoring and Evaluation MSDS Material Safety Data Sheet MSWP Maximum safety working pressure NBSAP National Biodiversity Strategies and Action Plan NDP National Development Plan NEMA National Environmental Management Act NFI National Forest Inventory NWA National Water Act OHS Occupational Health and Safety PA Protected Area PDO Project Development Objective PDP Provincial Development Plan PPE Personal Protective Equipment Project South African Wildlife Conservation Bond SANParks South African National Parks SANS South Africa National Standards SAPS South African Police Service SDG Social Development Goal (UN) SEA/SH Sexual Exploitation and Abuse/ Sexual Harassment SEP Stakeholder Engagement Plan UN United Nations VIA Visual Impact Assessment WCB Wildlife Conservation Bond WFA Wilderness Foundation of Africa WHO World Health Organisation WWF World Wildlife Fund Page | 4 Environmental and Social Management Plan - ESMP Executive Summary This document provides the Environmental and Social Management Plan (ESMP) for the South African Wildlife Conservation Bond (Project) financed through the grant of the Global Environmental Facility (GEF) administered by the World Bank. The ESMP has been prepared by the Eastern Cape Parks and Tourism Agency (ECPTA) for activities to be undertaken at the Great Fish River Nature Reserve to ensure compliance with national environmental and social standards and to meet requirements of the World Bank’s Environmental and Social Framework (ESF). The Project will utilise an innovative financing model for direct finance to benefit the conservation of black rhinos through the world’s first Wildlife Conservation Bond. The Project funds will provide funding for rhino conservation efforts as well as support local communities to participate in the South African biodiversity economy. The Project consists of four components, which will 1) enhance rhino conservation, natural resource management and community priority investments: 2) support enabling conditions, including coordination and research, 3) Project management, and 4) provide a success payment linked to the expected net increase in rhino population. The overall Project will be implemented in Addo Elephant National Park (AENP) and Great Fish River Nature Reserve (GFRNR) due to the critical importance of the black rhino protection programmes and existing track record on rhino protection. This ESMP will only focus on activities to be conducted in GFRNR. A separate ESMP has been prepared for the activities to be undertaken at AENP. The ESMP is an instrument that details the mitigation, monitoring and institutional measures to be taken during the implementation and operation of this project to eliminate or offset adverse environmental and social risks and impacts or to reduce them to acceptable levels and the actions needed to implement these measures. Therefore, the main objectives of the ESMP are as follows: ▪ To provide an overview of the environmental, social, health and safety socio- economic and cultural heritage policies, standards and national legislation. ▪ The provisions of the World Bank Environmental and Social Framework (ESF) which are required for Project compliance. ▪ To provide guidance on how to manage the identified ESHS risks and impacts during the design, construction, and operation of the sub-project activities in complies with the applicable legislative and World Bank ESF requirements. ▪ To determine the roles and responsibilities of ECPTA staff and contractors to ensure compliance with ESHS requirements during the construction phase of the project. ▪ To propose mechanisms for monitoring compliance of activities. ▪ To establish proven mechanisms to correct/adjust the findings resulting from the monitoring activity and to include procedures for reporting of incidents, ▪ To provide adequate channels of input for the different stakeholders throughout the project activity, including in relation to submission of complaints for grievance redress. The ESMP has been prepared in line with the World Bank’s ESF as well as the appropriate Republic of South Africa’s policies, legal and institutional framework. The ESMP aligns with the existing management procedures in place for the ECPTA, including procedures for occupational health and safety, HR policies, including the policy on sexual harassment and other existing safety, health, environmental and quality management frameworks. Page | 5 Environmental and Social Management Plan - ESMP Implementation of Project activities will be led by ECPTA using the existing institutional structures, including existing environmental and social experts. Activities financed under the project shall be conducted in a manner consistent with this ESMP. The ESMP is understood to be a living document and will need to be reviewed and approved each year prior to the release of new funds for implementation for the duration of the project (5 years) and when there is a change in approach or methodology or after an incident which warrants additional mitigation measures or a change in methodology. Sub-project activity description The sub-project activities have been screened for eligibility and potential environmental and social risks using the list of ineligible activities and the screening tool provided in the ESMF. The selected sites are mostly in remote locations within the boundaries of the GFRNR, on property managed by the Agency. No acquisition of land is required. The ESMP has been prepared to address the potential environmental and social impacts and risks associated with the infrastructure developments and upgrades under Component 1b of the Wildlife Conservation Bond Project. The sub-project activities will be implemented along the existing fence line, at the accommodation units and the workshop area of the GFRNR. The activities include the following: (a) pruning of vegetation along the existing fence line for maintenance of the existing fence (b) installation of electric fence infrastructure (c) clearance of vegetation within the existing road footprint (d) grading of road within the existing footprint and installation of standard storm water measures (e) installation of solar geysers, solar electricity and rainwater tanks at the accommodation units (f) general maintenance and repairs at the accommodation units (g) refurbishing and equipping of existing buildings and installation of 5000 litre diesel storage at Sam Knott offices. ECPTA will appoint local construction companies through a competitive bidding process for the infrastructure development and upgrades. Project duration will span over 6 to 8 months and the anticipated completion date is May 2024. Contractors will be required to source local labour from the neighbouring communities. Approximately 50 labourers will be appointed at the peak of construction. It is anticipated that no accommodation will be required for the duration of the construction period as labourers will be sourced from neighbouring communities. Should accommodation be needed, it is the responsibility of the contractor to temporarily accommodate skilled labourers as and when required in neighbouring towns for ease of commuting. There will be no contractor’s accommodation camps on site. All project workers (local labour and skilled workers) will be required to sign and adhere to the Code of Conduct and undergo SEA/SH/GBV, HIV/AIDS and COVID-19 sensitization training as stipulated in this ESMP. Environmental and Social Impacts and Mitigation The following table is a synopsis of possible impacts and proposed mitigation measures, including roles and responsibilities and monitoring indicators. Additional description of standard measures is provided in Section 6.4 of the ESMP. The mitigation measures or guidelines have been designed in order to avoid, minimize, and reduce negative environmental and social risks and impacts at the project level. Specifically, with regards to security management protocols, while some users of the buildings will be permitted to carry weapons as part of their job responsibilities with ECPTA has strict procedures for staff performance and a zero-tolerance policy related to Page | 6 Environmental and Social Management Plan - ESMP intimidation or harassment, and inappropriate detention or use of force. ECPTA engages a national Firearms Control Officer in addition to reviews carried out by the South African Policy Service. Movement of any firearms and ammunition is registered and transportation outside GFRNP premises requires approval and insurance of direct control. Weapons and ammunition are stored in secure and locked locations when officers are not on duty. These mitigation measures will be maintained for all activities under this ESMP alongside the security procedures outlined in the ESMF for the project as well as the measures that are further detailed in the Security Personnel Management Plan (SPMP) that has been reviewed and cleared by the Bank. Page | 7 Environmental and Social Management Plan - ESMP The table below provides an overview summary of the proposed impacts and monitoring indicators what will be used to measure the success of implementing the requirements set out in this ESMP. Full details on the ESMP are provided in Section 6.3. Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring Impact on Screening conducted Number of screening reports Screening Reports Full project GFRNR Weekly by the sensitive prior to construction available (Target 100%) cycle Reserve Manager habitats Checklist Photographic records in Inspection reports place Number of environmental incidents related to habitat destruction outside demarcated areas Visual Grievance records No visual impact Warning Construction Contractors Daily impacts and signs/notices in impacts on Regular site inspection place recreation Site cordoned off/ screening provided Occupational Health and safety file Number and significance of Monthly review of Full project Contractors Daily by health & incidents incident and cycle Contractor safety, staff Health and safety grievance records ECPTA HS officer management incident register Percentage of grievances Monthly by resolved Training records ECPTA GFRNR and Grievance records Community Community Number of inspections PPE records Liaison Officer Liaison Officer Trainings conducted completed Risk assessments PPE procured and in use Training attendance records (Target 100%) Audit reports Compliance with PPE use Page | 8 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring Percentage of CoC signed (Target 100%) Labour Local community Percentage of community Contractor HR Full project ECPTA Monthly by related residents employed in members engaged out of the records cycle Community ECPTA impacts sub projects total number of jobs created Liaison Officer Community Employment Liaison Officer Employment records Number of employee records records Contractors available and age confirmed Weekly by Worker grievance (Target 100%) Worker grievance contractor mechanism for project mechanism reports workers to rase Percentage of worker workplace concerns grievances resolved Reports on non- compliance with SEA/SH/GBV awareness Number of workers trained on CoC training SEA/SH/GBV awareness Grievances Number of project grievances related to labour Code of Conduct (CoC) for workers Number of SEA/SH/GBV related incidents Number of CoC sensitization sessions held among workers Percentage of workers signing CoC (Target 100%) Community Community Health and Number and significance of Monthly review of Full project Contractors Daily by Health and Safety Register incidents incident and cycle Contractor Safety grievance records GFRNR HS officer Records of grievances Percentage of grievances Monthly by submitted by local resolved Local Community ECPTA community members SEA/SH/GBV and Page | 9 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring communicable ECPTA Community Training/sensitization of Local community sensitization disease and related Community Liaison Officers local communities in attendance records (Target project impact Liaison Officer relation to project 100%) sensitization impacts, including records regarding SEA/SH/GBV, and transmission of Percentage of CoC signed HIV/AIDs, COVID-19 and (Target 100%) Risk assessments other communicable diseases Waste Waste bins on site Inspection Construction Contractor Daily by management Number of workers familiar Contractor Waste disposal plan and and aware of the waste Operation ECPTA training of workers disposal plan at the Environmental Weekly by the construction sites Planner Reserve Manager Working sites and eating areas are maintained in a clean, hygienic and orderly state Number of non-conformances related to improper waste management Water Visibility of Daily self-checks Construction Reserve Manager Daily by pollution/sedimentation by contractors Contractor on water bodies Number of incidents related to Contractor spillage into water bodies Periodic reports on Operation Weekly by GFRNR performance by On site erosion not Number of non-conformances contractor to observed raised for erosion control project engineers issues Proposed actions Number of complaints on Spot checks/audits implemented pollution of water by the Page | 10 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring environmental planner Laboratory reports Dust and air Availability of equipment Number of incidents related to Independent check Construction Contractor Daily by pollution and machinery generation of fugitive dust by project Contractor maintenance plan engineers Correct utilization of personal Frequency of watering of protective equipment Verification of surfaces to reduce dust maintenance related impacts Number of vehicles/ record by project machineries emitting engineers Use of corrective pollutants Self-check by personal protective contractor equipment to avoid Records of dust suppressing inhalation of dust not exercise Noise Recorded grievances Number of workers correctly Self-check by Construction Contractor Weekly by and frequently using PPEs contractor contractor Number of PPE procured for noise mitigation Number of noise complaints Traffic Traffic incident records Number of drivers aware and Driver licenses Construction Contractor Weekly by impacts familiar with GFRNR traffic verified Contractor Grievances Recorded rules Operation GFRNR HS Officer Grievance registers Monthly by Percentage of drivers who have GFRNR HS Officer not committed a traffic offence for the last 6 months Number of compliance (traffic) inspection and checks conducted by traffic Page | 11 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring department found to be satisfactory Number of grievances related to traffic incidences Soil and Site management records Number of Incidents logged Monthly checks Construction Contractor Daily by erosion Contractor Inspection reports GFRNR Reserve Monthly by Manager GFRNR Reserve Manager Material Records of license/ Number of records available Material Records Construction Contractor Daily by handling and permits of material indicating material obtained Contractor storage sources from commercial and licensed Inspection reports GFRNR Reserve sources (Target 100 percent) Manager Monthly by Storage of materials on GFRNR Reserve site Number of non-conformances Manager with material management Impact on Wildlife incidents Number of wildlife incidents / Inspection records Construction GFRNR ecologist Weekly by GFRNR fauna and recorded and reported to incursions into no-go areas Reserve Manager Reserve Manager flora the Reserve Manager Audit reports Contractor Daily by Number of workers trained on Operation Contractor the importance of conservation Incident reports of flora and fauna Incident registers Page | 12 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring Impacts on Cultural/ archaeological Number of workers familiar Chance finds Preconstruction Contractor Daily by cultural resources/ existing with the chance find procedure and Contractor heritage/ infrastructure encounter procedures construction ECPTA archaeological incidence register Incident reports and repairs/ Monthly by interest Number of incidents related to recovery GFRNR Reserve GFRNR cultural heritage reported Manager GFRNR Officer Fire Worker and contractor Number of accidental fires (0 Site management Full project GFRNR Reserve Monthly by management instructions target) cycle Manager GFRNR Construction Contractor Review of designs Number of fire extinguisher in inspection Weekly by place and inspected Contractor Impacts on Implementation site Percentage of vegetation cover Site inspection Construction Contractor Weekly by landscape/ restoration plan recovered at inspection Contractor site Self-check by GFRNR Reserve rehabilitation Number of disturbed sites contractor Manager Monthly by successfully restored GFRNR Reserve Manager Site Site management records Number of inspections Site inspection Construction Contractor Monthly by management completed Contractor Closure inspections done Monthly ESHS GFRNR Reserve and site signed off and Number of non-conformances reports Manager Monthly by handed over closed out in time GFRNR GFRNR Reserve Audits Community Manager All incidents reported and Liaison Officer closed on time Closure inspection GFRNR HS Officer checklist All closure inspection and checklists complete. Page | 13 Environmental and Social Management Plan - ESMP Monitoring and Reporting Monitoring will be undertaken by the Contractor and by GFRNR as specified in Section 6.4 of the ESMP. The purpose of monitoring is to ensure that the mitigation measures proposed in the ESMP (Section 6.3) are effectively implemented, and to determine whether the mitigation measures are sufficient to address adverse environmental and social impacts or whether they require revision. Specific monitoring indicators have been provided against which the success of implementing the mitigation measures will be determined. In addition to the monitoring requirements, the GFRNR will regularly conduct inspections and audits to determine and document the overall environmental and social performance of the contractors. An inspection form will be drawn up based on the site-specific implementation requirements set out this ESMP. The Contractor’s HSE officer will produce a monthly and final site closure report to GFRNR HSE Officer for each section under their responsibility. The contractors monthly report will provide information in its environmental, social and health and safety performances. GFRNR will in turn use information from the contractor’s report to compile and submit biannual progress reports on the environmental and social performance of the implementation of the sub-project activity to the World Bank. This ESMP report is structured as follows: • Section1: Provides an overview of the Wildlife Conservation Bond Project and its components • Section 2: Provides an overview of the baseline Environmental and Social Context within the GFRNR region. • Section 3: Provides a description of the sub-project specific activities covered by this ESMP and an overview of the ESMP. • Section 4: Describes the relevant national legislative and institutional requirements as well as international policies standards applicable to the Project. • Section 5: Presents an overview of the Wildlife Conservation Bond Institutional arrangements for GFRNR and the roles and responsibilities associated with the implementation of the ESMP. • Section 6: Provides an overview of the anticipated environmental and social impacts identified based on the proposed sub-project activities, including mitigation, monitoring, and reporting requirements and measures for checking and monitoring, non-compliance, corrective actions. • Section 7: Provides the training and awareness programme that the GFRNR and the Contractor is required to implement. • Annexures: Provide project specific requirements such as Labour Management Procedure, reporting of incidents, Occupational Health and Safety requirements, COVID-19 Protocols, Code of Conduct for Contractor Personnel and Chance finds procedure. Page | 14 Environmental and Social Management Plan - ESMP 1. INTRODUCTION South Africa is one of most biologically diverse countries in the world. With a varied geography ranging from plains and savannah to deserts and high mountains, South Africa’s ecosystems support over 95,000 species, and its rich biodiversity contributes significantly to the national economy, particularly through nature-based tourism. Biodiversity and its habitats also contribute to the livelihood of the poorest segments of the population, by providing a range of goods, such as food, biomass fuel, and medicine; and services such as water. Protected Areas (PAs) are increasingly under threat, resulting in adverse impacts on biodiversity and ecosystems they harbour, on the rural population dependent on them, and on the broader regional and national economies. Illegally traded natural resources contribute significantly to the loss of biodiversity and threaten sustainable and inclusive development. The World Bank estimates that the annual cost of illegal logging, fishing and wildlife trade is a staggering US$1-2 trillion globally. Illegal activities erode countries’ natural capital and undermine their ability to achieve many of the Social Development Goals (SDGs). Unsustainable and illegal practices on biodiversity, which are among the main causes of loss and degradation of wildlife, are largely induced by: i) insufficient financing for effective PAs management and to support sustainable rural development; ii) rural poverty, a lack of access to effective and sustainable livelihoods support (such as jobs, business support, direct payments from conservation), and the absence of meaningful livelihood alternatives; and iii) fragmented, non-coordinated, and incompatible land use planning and management, leading to suboptimal land use management decisions. Rhino poaching pressures have been extremely high since 2008, particularly in South Africa. The black rhino was the most numerous of the world's five rhino species, and at one stage could have numbered around 850,000. By 1960, an estimated 100,000 remained, and as poaching intensified and pressure on their habitat increased, their numbers declined to just 5,4951 individuals today. Black rhinos are listed as Critically Endangered on the IUCN Red List, meaning they are extremely vulnerable to extinction in the wild. The biggest drivers of this decline remain reduction in habitat and poaching. Habitat loss is exacerbated by the increasing costs of rhino security, as many landowners cannot afford to conserve rhinos on their land. South Africa’s rhinos have been intensively targeted; rhino poaching in the country increased by 9,000 percent between 2007–2014 with the number of rhinos poached growing from 13 in 2007 to 1,2152 in 2014. In 2019, 5943 rhinos were reported poached in South Africa. Efforts to decrease poaching include improved capability to react to poaching incidents, the deployment of new technology, improved information collection and sharing amongst law enforcement authorities, better regional and national cooperation and more meaningful involvement of private sector, non-governmental organizations and donors.4 However, there is significant concern that the numbers of poached rhinos are declining each year because rhino populations in South Africa have declined in total numbers to 15,625 white rhino and 1 CITES COP18, Doc. 83.1, Annex 2 of AfRSG Report: https://www.researchgate.net/publication/331988665_CoP18_Doc_831_Annex_2_African_and_Asian_Rhin oceroses- Status_Conservation_and_Trade_A_report_from_the_IUCN_Species_Survival_Commission_IUCN_SSC_African_ and_Asian_Rhino_Specialist_Groups_and_TRAFFIC_to_/link/5c99e945299bf1116947deb1/download 2 Minister Edna Molewa highlights progress in the war against poaching and plans for 2015: https://www.environment.gov.za/mediarelease/molewa_waragainstpoaching2015 3 Department of Environment, Forestry and Fisheries report bank on rhino poaching in South Africa in 2019: https://www.environment.gov.za/mediarelease/reportbackon2019_rhinopoachingstatistics 4 https://www.timeslive.co.za/news/south-africa/2020-02-03-rhino-poaching-declined-again-in-2019- says-environment-minister/ Page | 15 Environmental and Social Management Plan - ESMP 2,046 black rhinos5, based on data up to the end of 2017. Traditional rhino conservation financing faces challenges associated to short-funding cycles, which limits long-term planning and the ability to adapt. Traditional conservation funding limits the ability of protected area managers to focus on long-term planning and leverage their knowledge and experience to respond adaptively to changes in field conditions. In addition, the traditional model is focused on outputs rather than outcomes, where current funders have mixed success based on under- or non-performance of implementers as flows are typically for defined, short-term programmes. Current implementation models are inefficient with large overhead costs to implement conservation projects. This traditional model of financing conservation has also typically relied on government and philanthropic dollars where funding is drastically inadequate. The South African Wildlife Conservation Bond (Project) is focused on addressing major challenges for financing conservation and proposes an innovative financing model to unlock and direct private finance for the conservation of the black rhino in South Africa. The Project aims to catalyse the world’s first Wildlife Conservation Bond (WCB) that links the coupon payments of an institutional SDG-related bond issuance to conservation performance. This innovative transaction enables private and institutional bond investors to participate in a market, which generally consists of donors and philanthropic investors. The WCB will use financing from the coupon payments to finance conservation activities at two priority sites for rhino conservation: Addo Elephant National Park (AENP) and Great Fish River Nature Reserve (GFRNR). Project investments will enhance management of these protected areas to secure and increase black rhino populations, and increase benefits realized by local communities. The projected increase of the rhino population aligns with the World Bank’s Environmental and Social Standard 6 on net gain of biodiversity. The Project is financed through the grant of the Global Environmental Facility (GEF) administered by the World Bank. The Project Development Objective (PDO) is to create an outcome-driven structured bond that channels private sector funds to increase black rhino populations in target protected areas in South Africa. The project performance toward the PDO will be measured through two key outcome indicators: • Creation of an outcome-driven structured bond (Yes/No) • Number of black rhino population in target sites (annual increase of 5 percent by the end of the project) 1.1 Wildlife Conservation Bond Project Components The Wildlife Conservation Bond (WCB) Project’s geographical focus is on two priority Protected Areas in the Eastern Cape Province of South Africa, namely the Addo Elephant National Park and Great Fish River National Reserve for which this ESMP has been prepared. The WCB Project will support an evidence-based and adaptive management approach that uses data-supported interventions to dynamically respond to changes in performance risks (a surge in poaching incursions). The WCB Project will support three components namely: 5Rhino paoching declindes again in 2019, says environment minister: https://www.researchgate.net/publication/331988665_CoP18_Doc_831_Annex_2_African_and_Asian_Rhin oceroses- Status_Conservation_and_Trade_A_report_from_the_IUCN_Species_Survival_Commission_IUCN_SSC_African_ and_Asian_Rhino_Specialist_Groups_and_TRAFFIC_to_/link/5c99e945299bf1116947deb1/download Page | 16 Environmental and Social Management Plan - ESMP 1.1.1 Component 1: Improved Rhino Conservation Management (US$ 8M) The Project’s geographical focus is on two priority protected areas in the Eastern Cape of South Africa AENP and GFRNR. Proceeds generated from the coupon payments from the Wildlife Conservation Bond (WCB) will be used to fund enhanced conservation activities at two priority black rhino populations. The AENP and the GFRNR host two priority black rhino populations and are collectively responsible for protecting around 80 percent of the Eastern Cape’s black rhino, 18.5 percent of South Africa’s black rhino population, and 6.8 percent of the global black rhino population. This region experienced a 58 percent increase in rhino poaching in 2018. The WCB transaction will target a 4 percent growth in black rhino population at these two sites (equivalent to 1.9 percent of the current global black rhino population).6 The project will support implementation of site-specific five-year black rhino conservation strategies. These site-specific rhino conservation strategies are based on best practice, focusing on habitat and biological management, range availability, containment and counter- poaching, community empowerment and robust monitoring protocols. Component 1a – Improving rhino conservation and natural resource management in the Addo Elephant National Park (AENP) (US$4.5 M) AENP is managed by SANParks. AENP has a strong track record of black rhino conservation and is a major conservation success story given the large-scale expansion of the Park over the past 30 years, including through funding support from the GEF. Activities under this component will include: • Rhino Population Management. AENP has three sections that currently hold rhino and will expand into a fourth section during Project implementation. This includes translocation of rhinos to the new section from existing rhino sections. This will reduce densities in existing areas and ensure high rhino growth rates in all rhino sections throughout the 5-year investment period. • Habitat Management. Habitat Management plays a low-cost but critical role. Access to water is limited in AENP, both in terms of physical water points and due to competition with elephants. AENP will increase distribution of water in two sections through additional boreholes and secure the supply of water in a third section. As water attracts elephants which compete with rhino, selected water points will have elephant exclusion fences. This mimics a natural water gradient, reducing elephant browse pressures across the reserve by only allowing elephants to drink at certain waterholes. • Range Availability. The new section inside the PA will be fenced to the required specifications to contain rhinos with the infrastructure established for an Anti- Poaching Unit. There is a need for an upgrade to the rhino holding bomas and some rhino capture and transport equipment to facilitate the translocation of rhinos into this new section. • Containment and Counter-Poaching. Given the predicted increase in poaching in the Eastern Cape and the current law enforcement capacity at AENP, 6Expert opinion (representatives of IUCN African Rhino Specialist Group, SANParks, ECPTA, Conservation Alpha) indicates that under the WCB model, the partner sites can achieve a rhino growth rate of 6.5% p.a. over the next five years if the project is successfully implemented; the target growth rate is 5% per annum which is aligned with and supports the “Biodiversity Management Plan for the Black Rhinoceros (Diceros bicornis) in South Africa” against a counterfactual of -3.7 percent p.a. Page | 17 Environmental and Social Management Plan - ESMP substantial security interventions are needed, including recruitment, equipping and training of security staff. An operations control room will be built to collate information and inform intelligence-led law enforcement. Access control will be enhanced, fences upgraded, and communications and aerial support improved. Training and capacity building will be conducted to improve capability to react to poaching incidents, information collection and technology use. In addition, security staff will receive mandatory annual human rights training and will hold an Environmental Management Inspectorate (EMI) certificate, which provides the necessary knowledge and mandate to enforce the law. • Community. The sites will work with target communities to engage them in project activities through the established community forum. The Project sites target a biodiversity economy node identified by the Government of South Africa. Community engagement will include benefits to staff currently employed on a permanent basis and project staff on the following programs: Working for Water, Working on Fire, Working on Ecosystems and Environmental Monitors. SANParks will also employ temporary staff that works on an ad hoc basis and for maintenance functions. Through the Project SANParks will appoint staff to work as rangers, monitors, gate guards, joint operations centre staff and a project manager. Furthermore, there will be employment opportunities during the construction phase of new infrastructure as well as maintaining current infrastructure. The project offers many positive externalities that can benefit wildlife conservation and the livelihoods of local communities. Component 1b –Securing rhino populations in the Great Fish River Nature Reserve (US$ 3.5 M). The GFRNR is a regional park managed by statute by the ECPTA. GFRNR is a critical reserve for the black rhino population in South Africa. Activities under this sub- component will include: • Rhino Population Management. When black rhino populations are confined, they can suffer from slowing growth rates due to resource limitation and density dependence. The Project will continue ongoing activities in the GFRNR to remove rhinos to other areas to maintain a density which supports high growth rates. Rhinos will be moved in collaboration with the WWF-Black Rhino Range Expansion Project (BRREP) to establish new black rhino populations across Southern Africa, an important strategy to spread extinction risk. In order to retain high growth rates at GFRNR, the density will need to be managed by removing 15 percent of the rhino population every third year. • Habitat Management. Activities will support improved water management in the GFRNR including by creating secure water points in parts of the reserve and removing some existing dams (created under the previous livestock farming era) in high-risk poaching areas for which the activities will be assessed in the environmental and social impact assessment that will be prepared separately. The Project will also invest in a maintenance team to support maintenance of roads, fences, infrastructure, and vehicles on the reserve. • Containment and Counter-Poaching. Major security interventions are needed at the GFRNR given the predicted increase in poaching in the Eastern Cape and the current law enforcement capacity at the site. Interventions will include restructuring the security staff under a newly appointed security manager; recruitment, equipment and training of new security personnel; upgrading fences; establishment of an operations room and a communications network; and upgrading access control and aerial support. Training and capacity building will be conducted to improve capability to react to poaching incidents, information Page | 18 Environmental and Social Management Plan - ESMP collection and technology use. Security staff will receive mandatory annual human rights training and will hold an EMI certificate, which provides the necessary knowledge and mandate to enforce the law. • Community. The sites will work with target communities to engage them in project activities through the established community forum. The reserve’s neighbouring communities, local municipalities, traditional leadership and private landowners are all represented on the Park Forum which meets regularly. This forum is used effectively to communicate with neighbouring communities and to keep them informed about new developments and projects like the WCB. The Project sites target a biodiversity economy node identified by the Government of South Africa, and direct employment will support growth of these wildlife economy nodes. The community will also benefit from the project as staff will be hired, including rangers, monitors, administrative staff and other roles that will be employed from the communities. In addition, ECPTA has a co-management agreement with the Likhayalethu Communal Property Association and successfully co-manages the reserve with them and benefits from this project will benefit the community as co-owner of the reserve. • Interventions under range availability are not included in this component as there are no suitable options for range expansion in the GFRNR. 1.1.2 Component 2 – National/Regional Enabling Conditions to coordinate shared security and research opportunities (US$0.5 M) To complement the project-specific interventions (component 1), component 2 focuses on creating national/regional enabling conditions to help catalyse security and research efforts that will benefit both sites. National engagement will strengthen linkages with other relevant projects (including the two GEF-7 activities - South Africa Global Wildlife Program) and engage where feasible in relevant efforts organized by the Global Wildlife Program and the International Consortium on Combating Wildlife Crime. For example, coordination efforts may include activities related to contributions to enforcement coordination, data exchange, sharing of lessons learned and testing of technologies. In addition, given the geographic proximity of the two South African sites, there are several interventions that will serve to benefit both sites through integrating the workplan and budget. These activities have been developed with both SANParks and ECPTA. Implementation of the national/regional enabling conditions will be implemented by WFA. This component will include the provision of an experienced Senior Law Enforcement Advisor to work with both sites as they implement and institutionalize the significant changes to law enforcement operations at site. This Advisor role will phase out over the course of the 5-years once suitable capacity has been developed at both agencies. The Senior Advisor will provide technical expertise on rhino law enforcement including the deployment of suitable technologies and help facilitate uptake of technologies at both sites to improve detection of poaching incursions. This component facilitates sharing of lessons learnt and building of collaboration between the sites and with other donor- funded efforts. This component will also include support for research activities to improve the body of knowledge and further optimize chances of achieving the rhino growth rates under an adaptive management framework, as well as knowledge management and systematization of the project’s lessons learned. This component will build on the organizational and financial due diligence conducted on each PA during the project preparation phase (Investment Readiness conducted from 2018 to 2020) to assess the enabling environment and to understand whether there were Page | 19 Environmental and Social Management Plan - ESMP any major associated risks to investment. The enabling conditions categories will be continually assessed during the Project to resolve risks if they arise. 1.1.3 Component 3 – Project management and monitoring (US$0.5 M) This component will support project management activities to ensure cost-efficient, timely, and quality delivery of project activities and results, including monitoring and evaluation and project reporting. This would include support for fiduciary management aspects, including procurement and financial management, the World Bank’s Environmental and Social Framework (ESF), and monitoring and evaluation. It supports the Monitoring and Evaluation system to report to the GEF, according to its monitoring policies and guidelines on the expected project’s results (disaggregating by gender, where appropriate), informing the Conservation Success Payment. Component 3 activities will be carried out by staff assigned by SANParks and the ECPTA to carry out these functions. The project design includes targeted interventions for generating better jobs at both sites. The number of direct beneficiaries disaggregated by gender as co-benefit is a key indicator that will be monitored and reported on for the project. This will provide detail on permanent and temporary employment at both sites, disaggregated by gender. 1.1.4 Component 4: Conservation Success Payment (US$13.76 M) This component will support the disbursement of the GEF Non-Grant Instrument (NGI) funds (up to USD 13.76M) as a conservation success payment to the IBRD bond holders as part of bond redemption. Repayment of GEF NGI funds to the GEF will only be made if the success threshold of est. 4 percent rhino growth is not reached at the close of the 5- year project. If repayment to the GEF is needed, it will vary between USD 0 and USD 13.76 million based on rhino growth rate. 2. ENVIRONMENTAL AND SOCIAL BASELINE FOR THE GREAT FISH RIVER NATURE RESERVE The Eastern Cape is located on the east coast of South Africa between the Western Cape and KwaZulu-Natal provinces. Inland, it borders the Northern Cape and Free State provinces, as well as Lesotho. It is approximately 170 thousand km² and is inhabited by about 6.7 million people. This equals about 13.8 percent of both the total population and the total land area of South Africa. The majority speak isiXhosa, followed by Afrikaans, then English and Sesotho. Bhisho is the capital of the East Cape Province and hosts the governing bodies. Port Elizabeth in Algoa Bay is the largest city and biggest industrial hub in the Eastern Cape Province. The Eastern Cape is divided into 6 District Municipalities and two Metropolitan Areas (Nelson Mandela Bay – Port Elizabeth, and Buffalo City - East London). It is further divided into 37 Local Municipalities. The region boasts remarkable natural diversity, ranging from the semi-arid Great Karoo to the forests of the Wild Coast and the Keiskamma Valley, the fertile Langkloof, and the mountainous southern Drakensberg region. The Eastern Cape’s main feature is its spectacular coastline bordering the Indian Ocean. Page | 20 Environmental and Social Management Plan - ESMP Figure 1: Eastern Cape Province and Municipalities Figure below depicts the study area wherein the infrastructure will be developed/ upgraded. It should be noted that only the activities not requiring an environmental and social assessment or approval under national law are addressed in this ESMP: Figure 2: Locality map showing the study area, i.e., the Great Fish River Nature Reserve, wherein infrastructure will be developed and/or upgraded Page | 21 Environmental and Social Management Plan - ESMP 2.1 Environmental Context 2.1.1 Climate The Eastern Cape has nine climatic regions ranging from areas with late summer rainfall and frosty winters, to areas that experience rainfall throughout the year. Generally, it is one of the coldest regions in South Africa with an average daily high temperature of 24 degrees Celsius. The northern areas generally have a high altitude and little water, which result in semi-arid conditions that characterize regions such as the Karoo. To the south, the climate is different since a number of rivers trickle down from the mountains and provide an ample supply of water. The coast experiences more wind and higher levels of humidity. Conditions inland are usually drier and hotter and there is a lower rainfall level than at the coast. In summer, temperatures range from 16 to 26 degrees Celsius while winter temperatures range from 7 to 20 degrees Celsius. Winter months fall between April and August while summer temperatures are highest between November and April. 2.1.2 Topography, geology, and soils The geology of the area is predominantly grey/red mudstone, sandstone and arenite of the Middleton formation derived from the Adelaide and Escort formations (Subgroup: Bedford group, Karoo Super Group), with sandstone dominating the formation. The soils promote erosion and are considered as shallow (less than 1cm) clay soils derived from geological parent material in the area. The Great Fish River valleys contain nutrient rich mudstones with resistant sandstones on the inter-basin ridges. Clayey, dystrophic soils occur throughout the reserve and surrounding area, except close to the river where alluvial silt is deposited. Fertility is generally high, with the western sectors of the reserve (shale) being inclined to erosion. There are quartzitic and sandstone ridges on the southern sector of the GFRNR while the middle sector is composed of undulating hills with wide valleys and the northern and western sections are a mosaic of highly fissured valleys and drainage lines. The geology of the middle, west and northern sections is dominated by shales and mudstones. The south is composed of sandstones, tillites and quartz parent material occurs. The topographical variation together with the geological substrate results in a great degree of plant community diversity both between and within vegetation types of this reserve. The soils of the Eastern Cape show similarities to other sub-tropical soils with a high percentage of mica, quartz and kaolinite. Where they are farmed without suitable management, they typically show low levels of nutrients. The soils of the Eastern Cape are typically shallow, unstable and less developed, apart from those few areas that receive more reliable and efficient rainfall. With predominantly sandy soils and dry conditions, soil erosion is a major problem in the Eastern Cape when poor pasture management occurs. 2.1.3 Hydrology The Sundays River and its tributaries form the most significant river system that flows through the park. This River is of great value for irrigation in the lower Sundays Valley and extends well beyond the boundaries of the proposed park, with significant tributaries or at least their headwaters occurring within the proposed park. These include the Coerney, Krom, Wit, Kabouga and the Klein Uie Rivers. Other important river systems that flow within the planning domain are the upper Bushman’s River with its tributaries, the Page | 22 Environmental and Social Management Plan - ESMP Blou, and Steins Rivers (northeast), and the Boknes River and its tributaries (south-east). The Sundays and Boknes Rivers are the only Rivers, within the planning domain, that flow into the sea. The Darlington Dam (previously Lake Mentz) is a 4,350ha reservoir within the park that receives Orange River water through inter-basin transfer. The Sundays River Irrigation Board manages the water release programme. Nine different types of water bodies occur in the park, each having a complement of biotopes with characteristic flora and fauna that collectively add to the broad diversity of the park. 2.1.4 Forests South Africa’s plantations represent about 1 percent of the world’s forestry plantations of 109.5 million ha. The plantations of the Eastern Cape, which total 129,334 ha, represent 10 percent of South Africa’s total forestry plantations. 51 percent of the province’s plantations are privately owned, while 46 percent are state-owned. 103,807 ha (81 percent) are pine plantations. Additionally, the National Forest Inventory (NFI) identified 226,997 ha of natural forest in the Eastern Cape out of which 139,944 ha are named and are assumed to be legally demarcated forests. 87,053 ha of forest, while shown on the NFI maps, are not identified by any names, and are assumed not to be legally demarcated. The most significant commercial activities in the forestry sector arise from the processing of timber from the province’s commercial forestry plantations. It is estimated that around 770,500 m3 of timber is processed in the Eastern Cape each year, producing 328,700 m 3 of sawn board which is mainly used in the construction sector. 2.1.5 Fauna and flora 2.1.4.1. Flora The geology, topography and climatic variations have resulted in high levels of plant diversity and a high incidence of plant endemism. Sub-tropical Fish River Thicket is the dominant vegetation type, interspersed with areas of savanna and grassland. Generally, the vegetation at the higher elevations has greater grass content whereas in the low-lying areas the vegetation is short and thorny or succulent thicket. Annual rainfall influences the amount of grass growth available to herbivores. The vegetation has three main physiognomic components, a woody tree and tall shrub component, a dwarf shrub component, and a grass component. Of the broad habitat types represented in the GFRNR i.e., Albany Thicket, Fish Arid Thicket, Fish Valley Thicket, Dune Thicket with Grassland, Valley Thicket, Valley Thicket with Succulent Karroo, and Grassland - the thicket and thicket mosaic types are most prominent vegetation types. The vegetation map for the GFRNR identifies 12 vegetation units, namely: • Tall Euphorbia Thicket • Short Euphorbia Thicket • Medium Portulacaria Thicket • Dry Forest • Bush clump Karroid Thicket • Riverine Acacia Thicket • Riverine Combretum Thicket Page | 23 Environmental and Social Management Plan - ESMP • Karroid Cynodon Shrub land • Succulent Aloe Shrub land • Bush Clump Savannah • Acacia Savannah • Grassland 2.1.4.2. Fauna Historically, when the large mammal complement was being initially restored after the change in land use, several extra-limital species were introduced into the Double Drift Nature Reserve. Current best practice biodiversity thinking excludes these species from the list of desirable species and effort has been made to remove these extra-limital species through game auctions or culling. They include blue wildebeest (LC)7, nyala (LC), waterbuck (LC) and white rhino (NT). Warthog (LC) from Zululand were introduced on the understanding that they were the same as the species which was extirpated from the eastern Cape in the mid-1800s. This has subsequently however been demonstrated to be incorrect and they are now considered to be alien invasive species. Restoration of indigenous large mammals has however progressed well and the GFRNR currently has a large and diverse population of indigenous mammal species, particularly large and medium-sized herbivores. The large predator component remains to be re- established although though there are signs of a few leopards in the area. In total 73 mammal species, including hippopotamus (VU), aardvark (LC), honey badger (LC), black- backed jackal (LC), brown hyena (NT), caracal (LC), and Cape clawless otter (NT) have been noted on GFRNR and red hartebeest, springbok, steenbuck, grysbok, kudu and eland have been re-introduced including a healthy population of over 200 disease free buffalo. There is limited documentation on the birdlife in the GFRNR although 245 species, including Cape vulture, black eagle, martial eagle, kori bustard, Denham’s bustard, ground hornbill, giant eagle owl and blue crane, have been noted. The reptile and amphibian list for the reserve currently includes 51 reptiles (including tent tortoise (EN), Eastern Cape Albany scrub lizard and African python) and 16 amphibians (including African bullfrog and bushveld rain frog). There is currently no database regarding diversity of fish and invertebrate species and no systematic effort has been made to identify endemics, threatened or endangered species. Importantly GFRNR boasts the third largest population of black rhino (CR) (Diceros bicornis minor) in the country. 2.1.6 Aquatic ecosystem The Great Fish River, and its main tributary, the Kat River, are the dominant drainage features in GFRNR although neither is perennial. The Great Fish River does however get supplemented by water from the inter-basin transfer from the Orange-Vaal River system which makes it functionally perennial. The riparian vegetation is dominated by reeds, sedges, and woody vegetation. None of the aquatic ecosystems or species which commonly occur in this area, such as the common barbel (Barbus barbus) is considered endangered or critically endangered. This vegetation influences the energy flow of the river. The following natural aquatic freshwater ecosystems are found in the GFRNR: • Rivers and streams 7IUCN conservation status – LC – least Concern, NT – Near Threatened, CR – Critical Endangered, EN – Endangered, VU- Vulnerable. Page | 24 Environmental and Social Management Plan - ESMP • Floodplain Wetlands • Channelled Valley Bottom Wetlands • Unchannelled Valley Bottom Wetlands • Wetland flats • Pans/Depression 2.1.7 Great Fish River Nature Reserve GFRNR is 45,500 ha and straddles the Great Fish River in the southeast of the Eastern Cape Province, 150 km from Port Elizabeth, midway between Grahamstown and King William’s Town. The Great Fish River bisects the GFRNR, which comprises representative steep river valleys and inter-basin ridges of the Great Fish River catchment area, dense, semi-succulent, thorny scrub or thicket and notable variations in topography and elevation ranging from 95 to 559 m. The geology, topography and climatic variations have resulted in high levels of plant diversity and a high incidence of plant endemism. Subtropical Fish River Thicket is the dominant vegetation type, interspersed with areas of savannah and grassland. Generally, the vegetation at the higher elevations has greater grass content whereas in the low-lying areas the vegetation is short and thorny or succulent thicket. Annual rainfall influences the amount of grass growth available to herbivores. The vegetation has three main physiognomic components, a woody tree and tall shrub component, a dwarf shrub component, and a grass component. GFRNR represents a critical habitat for several species, including black rhino. Of the broad habitat types represented in the GFRNR, namely Albany Thicket, Fish Arid Thicket, Fish Valley Thicket, Dune Thicket with Grassland, Valley Thicket, Valley Thicket with Succulent Karroo and Grassland, the thicket and thicket mosaic types are most prominent vegetation types. Historically, when the large mammal complement was being initially restored after the change in land use, a number of extra-limital species were introduced into the Double Drift Nature Reserve. The understanding of ecological functioning is that extra-limital species are undesirable and an effort has been made to remove these through game auctions or culling. They include blue wildebeest, nyala, waterbuck and white rhino. Warthog from Zululand were introduced on the understanding that they were the same as the species, which was extirpated from the Eastern Cape in the mid-1800s. This has subsequently been demonstrated to be incorrect and they are now considered to be an alien invasive species. Restoration of indigenous large mammals has progressed well and the GFRNR currently has a large and diverse population of indigenous mammal species, particularly large and medium-sized herbivores. The large predator component remains to be re-established although though there are signs of leopard in the area. In total, 73 mammal species, including hippopotamus, aardvark, honey badger, black-backed jackal, caracal, and cape clawless otter have been noted on GFRNR and red hartebeest, steenbuck, grysbok, kudu and eland have been re-introduced including a healthy population of over 200 disease free buffalo. There is limited documentation on the birdlife in the GFRNR although approximately 240 species, including Cape vulture (VU), Verreaux’s eagle, martial eagle (EN), kori bustard (NT), Stanley’s bustard (NT), ground hornbill (VU), giant eagle owl (LC) and blue crane (VU), have been noted. There is currently no database regarding diversity of reptiles, amphibians, fish and invertebrate’s species and no systematic effort has been made to identify endemics, threatened or endangered species. GFRNR boasts an important population of black rhino (Diceros bicornis minor). The eastern part of the GFRNR is characterised by dense populations of people living on communal land, with high levels of unemployment, a strong sense of traditional Page | 25 Environmental and Social Management Plan - ESMP leadership, and largely dependent on subsistence agriculture, natural resource use and social grants. In contrast, the areas to the west are characterised by commercial agriculture and private game reserves, low population densities, private freehold land and low levels of unemployment. 2.1.8 Surrounding Land-use GFRNR is surrounded by a mixture of private and government owned land. Eastern Cape has seen a significant growth in privately owned game farms and ecotourism establishments, which is viewed as more environmentally and economically sustainable than livestock farming. 2.2 Social Context 2.2.1 Population and Size8 Between the 2011 Census and the 2016 Community Survey the total population of the Eastern Cape increased from 6.6 million to 7 million, or by 6.6 percent. This was slightly less than the South African population increase of 7.5 percent. The relatively slow growth of the Eastern Cape population is due to net out-migration rather than lower fertility rates or higher morbidity rates than the national average, higher than other South African provinces. Deep rural areas are de-populating. Over the 2011 to 2016 period, the Eastern Cape’s population contracted by 52,930 people due to the net effects of migration. The outmigration of men is more pronounced than females; 56.8 percent of the population over age 30 in the province is female. The total fertility rate has been declining over the last few years in all South African provinces. Eastern Cape has seen a marked decline in the total fertility rate: down from 3.55 (between 2001 and 2006) to an estimated 3.06 (between 2011 and 2016). The population age structure of the Eastern Cape mirrors that of South Africa in that it has a large proportion of young people. In the province, minors (ages 0-14) account for 34.8 percent of the provincial population. 2.2.2 Economic Growth and Setting The historic absence of significant mining activity in the Eastern Cape, and the creation of the former homelands as unproductive “labour reserves”, are the main reasons that the provincial economy has tended to underperform compared to the national economy in terms of higher rates of poverty and unemployment. Generally, the province has a rather small and slow-growing private sector with low levels of fixed investment. The capital assets per capita are approximately half the national average. The province also has a small agricultural sector with declining levels of employment; partial de-industrialisation, particularly of labour-intensive, non-automotive manufacturing; and very low levels of productive economic activity in the former homelands. In terms of economic structure, there are significant differences between the province and the country. The Eastern Cape has a very small primary sector (the smallest in South Africa both absolutely and as a percentage of provincial GDP), a medium-sized secondary sector and the largest tertiary services sector (as a percentage of GDP) in the country. Within the tertiary sector, the largest sub-sector is general government (including community services), which accounts 8 This section is based on Statistics of South Africa www.statssa.gov.za. Page | 26 Environmental and Social Management Plan - ESMP for 20 percent of national GDP and contributes 34 percent of provincial gross domestic product. This underlines the province’s dependence on state spending (and social grants), and its high-risk exposure to future fiscal contractions. Local economies in the former homelands are particularly dependent on state spending and social grants. The impact at the national level of prolonged recession, low growth and low investment levels has been harsh. The Eastern Cape has been particularly badly affected. Most economic activity in the province is in the two coastal metro areas. The relatively high population growth of several other coastal municipal areas also indicates the emergence of a predominantly coastal economy. There has been increasing unemployment, including in the economic hubs (unemployment in Nelson Mandela Metro increased from 26.4 percent to 28.8 percent between 2006 and 2016). There are 781,000 unemployed people in the Eastern Cape and there was a net loss of 64,570 jobs between 2006 and 2016. Employment growth has low since adoption of the Provincial Development Plan in 2014 and youth unemployment now stands at 39.1 percent (official definition). Since the downturn, the Eastern Cape has lagged behind national trends in production, employment, education levels and population growth. This is reflected in the falling share of the Eastern Cape in the national economy on key measures. 2.2.3 Education An estimated 28 percent of the Eastern Cape population over the age of 20 years old have either a matric qualification or some form of tertiary education in 2015. This is the lowest in the country and also notably less than the national average (39 percent). However, at 6.5 percent, the province has the fourth lowest proportion of individuals with no schooling after the Western Cape (3.2 percent), Gauteng (4.2 percent) and the Free State (7.5 percent). The Eastern Cape Education Department experienced a decrease in overall learner enrolment of 105,501 learners (5.1 percent) between 2010 and 2014, with a decrease of 13,445 enrolments (0.7 percent) between 2012 and 2013 alone. In 2014, learner numbers increased marginally by approximately 8,800. Learner numbers are expected to decline marginally in 2015. 2.2.4 Agriculture and Manufacturing Merino sheep, Angora goats, and dairy cattle are raised throughout Eastern Cape. Wheat, corn (maize), and sorghum are grown inland with irrigation, while oranges, pineapples, tobacco, and potatoes are cultivated along the coast. Port Elizabeth and East London are manufacturing centres where the production of motors and the canning of fruit and vegetables are important. 2.2.5 Poverty and Income Distribution The Eastern Cape and Limpopo have remained among the poorest provinces since 2001. However, the report shows a notable 17,5 percentage point drop in multidimensional poverty in the Eastern Cape since 2001. Eastern Cape remained the poorest province in 2016, with 12.7 percent of its households classified as multi-dimensionally poor. The report highlights that black African females, children (17 years and younger), people from rural areas, those living in the Eastern Cape and Limpopo, and those with no education, are the main victims in the ongoing struggle against poverty. Eastern Cape had the highest percentage (95.4 percent) of older poor persons receiving an old-age grant when compared to the other provinces. Although the percentage is high, there is not too much of a difference between the older poor persons and the province's coverage for its overall older population. Eastern Cape (42,8 percent) also has the highest percentage of poor households with children receiving child support grants compared to other provinces. In Page | 27 Environmental and Social Management Plan - ESMP the Eastern Cape, the poverty headcount was 76.6 percent in 2006; 77.4 percent in 2009; 69 percent in 2011; and 72.9 percent in 2015. The share of people in extreme, or food poverty, stood at 36.7 percent in 2018 and the upper bound poverty line at 69.1 percent. From 2011, however, there is a notable trend reversal, with poverty on the increase for all three poverty measures. Poverty shows a similar trend of decline followed by regression across poverty measures, including the South Africa Multiple Index of Deprivation. While households gained better access to services and facilities, their financial situation has deteriorated due to a combination of international and domestic factors such as stagnant economic growth, increasing unemployment and higher prices. The province is facing a quadruple burden of disease, driven by HIV/AIDS and tuberculosis, non-communicable diseases, maternal and child mortality, injury and violence. Health status is also influenced by environmental conditions, incomes and living conditions. Food security remains low, with child stunting still persistent. The number of people with HIV/AIDS has increased from 314,000 in 1996 to 838,000 in 2018, due to treatment availability and improved survival rates. AIDS-related deaths have decreased from 35,000 at its peak in 2003 to 15,000 in 2018. HIV positive estimates and estimated HIV death rates follow the national trends. Young women show the highest rates of prevalence and incidence. 2.2.6 Gender Based Violence The Eastern Cape Province has some of the highest number of Gender Based Violence (GBV) and sexual assault cases in South Africa. The COVID-19 lockdown has further aggravated instances of GBV and SEA with a total of 7,056 cases being reported in for the province at the end of 2020. There are a total of 168 non-profit organizations working in partnership with the social development department in Eastern Cape to create awareness about GBV/SEA and to support survivors. 2.2.7 Labour and Employment Over half of the youth labour force (57.3 percent) are unemployed within the Eastern Cape and the official unemployment rate for the province in the third quarter of 2016 was 28.2 percent. Most districts within the Eastern Cape have a comparable youth unemployment rate, the lowest, however, is Sarah Baartman with 39.6 percent and the highest is O.R. Tambo with 63.4 percent, followed closely by Amathole with 62.9 percent. These are the only two districts over 60 percent, while Sarah Baartman is the only district below 50 percent. Statistics South Africa 3rd quarter 2014 indicates that 28 percent of women within the labour force are unemployed. Thus, the female unemployment rate is aligned with the general unemployment rate for the province. The districts with the largest female unemployment rates are O.R. Tambo (43.5 percent), Amathole (43 percent) and Alfred Nzo (42.8 percent). The lowest female unemployment rate was in Sarah Baartman at 30.1 percent. The provincial labour force numbered just over 2 million in the third quarter of 2016, up by approximately 284,000 since the third quarter of 2011. Black Africans accounted for 82.7 percent of the labour force, followed by Coloured (11.5 percent) and Whites (5.7 percent). In the third quarter of 2016, the three largest formal sector industries in terms of employment in the Eastern Cape were community, social and personal services, which includes the government sector (28.6 percent of formal sector employment), wholesale Page | 28 Environmental and Social Management Plan - ESMP and retail trade (23.3 percent) and manufacturing (10.7 percent). Together, these three industries account for 62.6 percent of all formal sector employment in the Eastern Cape in 2016. 2.2.8 Water and Sanitation Access to water in adequate quality and quantity is a national challenge for South Africa as with the Eastern Cape Province. The highest access to piped water is within the Nelson Mandela Bay (90.3 percent) and Sarah Baartman (85.8 percent), with Buffalo City third with 70.6 percent. Amathole leads the province with households that access water through community stands, followed by Chris Hani and O.R. Tambo. Nelson Mandela Bay, Chris Hani, Buffalo City and Sarah Baartman source almost all their water from either piped water or community stands. O.R. Tambo and Alfred Nzo source the majority of their water from natural sources, such as dams, rivers and streams. Growth in households’ access to piped water between 2012 and 2013 has been small, but positive. Flush and chemical toilets are the most widely used sanitation type in the province, with the majority of households in Nelson Mandela Bay (89.3 percent), Buffalo City (71.3 percent), and Sarah Baartman (73.5 percent) having access to this sanitation type. Other districts have larger access to pit latrines over toilets; this includes Amathole (46.6 percent), O.R. Tambo (57.2 percent) and Alfred Nzo (67 percent). The Eastern Cape saw an increase in bucket latrines of 0.8 percent in 2012/2013, with the highest growth in Buffalo City at 1.1 percent, followed by Joe Gqabi at 0.9 percent and the lowest growth of 0.5 percent in Alfred Nzo and O.R. Tambo. 2.2.9 Electricity Access to electricity is highest in urban environments whilst access is lower in rural areas. Electricity access is available throughout all districts, with only two districts not having at least 70 percent of households connected to the grid. These are Joe Gqabi with 69.1 percent, and Alfred Nzo with only 46 percent of households. 3. DESCRIPTION OF SUB-PROJECT ACTIVITIES This ESMP consists of the set of mitigation, monitoring, and institutional measures to be implemented during construction and operational phases of sub-project activities that do not require an Environmental Authorization prior to commencement. These measures aim to eliminate adverse environmental and social risks and impacts, offset them, or reduce them to acceptable levels. The ESMP also includes the measures and actions needed to implement these measures. Mitigation and monitoring measures of the following development aspects are entailed in this ESMP: • Pruning of vegetation along existing fence line for maintenance of existing fence • Installation of electric fence infrastructure • Maintenance of river crossings (cable with suspended conveyor belt) • Clearing of vegetation within existing road footprint Page | 29 Environmental and Social Management Plan - ESMP • Grading of road within existing footprint and installation of standard storm water measures • Installation of solar geysers, solar electricity, and rainwater tanks at accommodation units • General maintenance and repairs of accommodation units • Refurbishing and equipping existing building at Sam Knott offices • Installation of 5000 litre diesel storage tank at the Sam Knott offices Table 1 summarises sub-project activities and associated legislated requirements prior to implementation: Table 1: Summary of sub-project activities and associated legislated requirements NEMA NWA Water Component Activity Listed Instrument Use Activity Authorisation 1. Perimeter 1.1. Pruning of vegetation fence along existing fence line for No No ESMP maintenance of the existing fence. 1.2 Installation of electric No No ESMP fence infrastructure 2. Maintenance 2.1 Clearance of vegetation of internal roads within existing road No No ESMP footprint 2.2 Grading of road within existing footprint and No No ESMP installation of standard storm water measures 3. 3.1 Installation of solar Accommodation geysers, solar electricity, No No ESMP and rainwater tanks at accommodation units 3.2 Repair and replacement of leaking and damaged No No ESMP ceiling boards 3.3 Fitting of cupboards and No No ESMP sinks 3.4 Internal and external No No ESMP painting of walls 3.5 Replacement of doors No No ESMP and windows 3.6 Legalising electrical connections where illegality No No ESMP was observed 4. Workshop 4.1 Refurbishing and and fuel storage equipping existing building No No ESMP at Sam Knott offices 4.2. Installation of 5000 litre diesel storage tank at the No No ESMP Sam Knott offices Page | 30 Environmental and Social Management Plan - ESMP The ESMP shall form part of the contractor’s documents and adherence thereto will be monitored throughout the project lifecycle. The following activities will form part of the infrastructure development and upgrades in the GFRNR: 3.1.1. Perimeter fence This activity has two components namely: 1) pruning of vegetation along the existing fence line for maintenance of the existing fence, and 2) installation of the electric fence structure. The existing perimeter fence is approximately 100 km in length. It consists of a 22-strand high-strain fence that is 2.4 m high with steel inline poles at 20 m intervals (see Figure 3) The poles are concreted into 800 mm x 600 mm deep pits and are 100 mm thick. Steel Y- standard poles are placed at four metre intervals between the poles and steel droppers at one metre intervals between these. There are also five electrified strands that are offset from the main line. Areas under the fence have been closed and secured with gabion baskets. Sections of the fence require maintenance (see Figure 4), which will entail securing poles, entail re-tensioning or replacement of strands, and reestablishment of damaged or missing energizers and solar panels. The energizers and solar panels previously installed were stolen. To prevent future theft of the panels, the solar panels will be mounted on poles. Regular patrols will be undertaken, and security will improve with improved access tracks thereby improving accessibility and mobility. Figure 3: The existing perimeter fence at the GFRNR Page | 31 Environmental and Social Management Plan - ESMP Figure 4: An example of the perimeter fence line which requires repair and maintenance work This component will require a team of 10 individuals and is estimated to take 2 months to complete. 3.1.2. Maintenance of internal roads This activity will involve maintenance of about 22 sections of the existing gravel road network (Figure 5 and 6), which has roads measuring approximately 3 m wide and a cumulative length of approximately 67 km. This will include the re-establishment of old, disused roads. Any vegetation that has become established within the existing sections of road will be cleared. Most of the roads will be graded, while some will need to be ripped by a bulldozer and graded. It is anticipated that no new material will be imported to surface the roads. Figure 5: View (1) of an example of the Figure 6: View (2) of an example of the internal gravel roads to be maintained within internal gravel roads to be maintained their existing footprint. within their existing footprint. Standard storm water measures will be implemented, including grading the roads to a cambered surface and the installation of earthen cross ditches and berms (which will Page | 32 Environmental and Social Management Plan - ESMP drain into vegetated areas) at regular intervals. All road maintenance activities will occur within current footprints. 3.1.3. Accommodation Units Although initial plans were to develop new accommodation units for a security manager and field rangers, these plans have been abandoned in favour of renovating and upgrading existing buildings. The upgrading of the existing units will entail the following: • Installation of solar geysers, solar electricity, and rainwater tanks at the accommodation units • Repair and replacement of leaking and damaged ceiling boards • Fitting of cupboards and sinks • Internal and external painting of walls • Replacement of doors and windows • Legalising electrical connections where illegality was observed The existing accommodation units which have been identified for renovations and upgrading are listed below. These units are located within the centrally located boundaries of the Park, in remote locations and therefore not within close proximity of any communities. ▪ Kwamadolo staff accommodation (B1) ▪ Kingston ▪ Doubledrift staff accommodation (B8) ▪ Fort Whiltcher (B4) ▪ Retreat (Rangers Base) ▪ Monitoring house ▪ Conservation Manager house The reserve management ensures male and female segregation. It should be noted that occupied units will be prioritised as means to improve conditions for the current staff. The status quo will be maintained unless otherwise required. 3.1.4. Workshop and fuel storage The development of a fuel storage facility and vehicle workshop at the Kamadolo side of the reserve are proposed. The fuel storage facility will comprise a single above ground diesel storage tank of 5 000 l, mounted on a frame, which will be attached to a concrete foundation. There is an existing tank that will be moved from the Double Drift office to the Kamadolo office and then refurbished. The tank will be at least 25 m from buildings and any combustible materials. It will have a bunded area of at least 1.5 m offset from the edges of the tank, at least 350 mm high watertight bund walls, and be able to hold 110% of the stored capacity. Fire extinguishers, hydrants and spill response equipment will be kept on site, and staff will be trained to deal with emergency situations. The existence of a fuel storage tank on the reserve is an effort to achieve energy efficiency. Currently vehicles must be driven to Makhanda to refuel, and this results in wastage of time and fuel. No vegetation clearing will be required to prior to commencement of any components of this activity. The initial plan was to construct a new structure for the workshop; changes have been applied and the current plan entails the development of a workshop within the existing Page | 33 Environmental and Social Management Plan - ESMP building at the Kamadalo office. The workshop is required to allow for basic servicing of vehicles and other equipment on the reserve. This will increase efficiency as it will negate the need to procure the services of external agents for this purpose and reduce downtime. It will also enable more frequent preventative maintenance of vehicles and other equipment, which should reduce the incidence of failure. The workshop will contain a bunded floor area for oil changes. Used engine oil and other fluids will be temporarily stored, in an area to minimize any potential pollution that may result from this, before being transported to a registered waste management company for recycling. Hazardous material for use during operational phase will be stored at the workshop area; bund walls for storage of such material will be constructed in accordance with relevant standards. 3.1.1 Construction activities and labour requirements ECPTA will appoint local construction companies through a competitive bidding process for the infrastructure development and upgrades in the GFRNR. Construction is anticipated to take approximately 6 to 8 months to complete. These are the main activities associated with the contract ad covered in this ESMP. Perimeter fence and perimeter road (4x4 track) Internal roads • Repairs and maintenance to the existing • Maintenance of 22 sections of the existing perimeter fence gravel road network, which has roads • Improving vehicular access to the perimeter measuring approximately 3 m wide and a fence to enable access for routine maintenance cumulative length of approximately 67 km. and to facilitate perimeter security patrols. • Re-establishment of old, disused roads. • Maintenance of gabions • Implementation of standard storm water measures, including grading the roads to a cambered surface and the installation of earthen cross ditches and berms at regular intervals • Maintenance of existing gabions Accommodation Units Workshop and Fuel storage • Installation of solar geysers, solar • Refurbishing and equipping existing building at electricity, and rainwater tanks at Sam Knott offices accommodation units • Installation of 5000 litre diesel storage tank at • Repair and replacement of leaking and Sam Knott offices damaged ceiling boards • Fitting of cupboards and sinks • Internal and external painting of walls • Replacement of doors and windows Legalising electrical connections where illegality was observed General: • Vegetation clearance within the existing road footprint (where required) • Pruning of vegetation along the existing fence line • Levelling of site • Construction rubble and waste management • Removal of construction debris and re-instatement/landscaping/ fire breaks around unit Contractors will be required to source local labour from the neighbouring communities. Approximately 50 labourers will be appointed at the peak of construction. It is anticipated that no accommodation will be required for the duration of the construction period as labourers will be sourced from neighbouring communities. For any skilled labourers, not sourced from the local communities, the contractor will be responsible to supply adequate temporary accommodation, as and when required in neighbouring towns for Page | 34 Environmental and Social Management Plan - ESMP ease of commuting. All project workers (local labour and skilled workers) will be required to sign and adhere to the Code of Conduct and undergo SEA/SH/GBV, HIV/AIDS and COVID-19 sensitization training as stipulated in this ESMP. There will be no contractor’s accommodation camps on site. 3.2 Scope of the ESMP The ESMP was prepared to ensure a holistic approach to the management of the potential environmental and social impacts that may occur during the implementation of the sub- project activities as set out in Section 3.1. The sub-project activities have been screened using the screening tool set out in the ESMF. The potential impacts associated with the proposed sub-project activities are considered to be of moderate to low significance and site-specific. ECPTA confirms that the thresholds for the proposed sub-project activities falls under the thresholds for which an environmental authorisation in terms of the National Environmental Management Act (Act 107 of 1998) is required. The ESMP was prepared in line with the existing environmental and social management plans, occupational health and safety, human resources policies, including the policy on sexual harassment and other existing safety, health, environmental and quality management frameworks of ECPTA. It further sets out good international best practices for environmental and social controls and measures to be implemented by GFRNR, their contractors and all other third parties involved in the construction and operation of the project. The ESMP was developed taking into consideration a risk management and mitigation hierarchy (Figure 13Figure 7) approach to avoid, minimize and reduce, mitigate, and/or offset potential adverse environmental and social impacts. It is regarded as a living document which is subjected to change during the life cycle of the project based on observations, findings or change in activity scope or approach. Figure 7. Risk Management and Mitigation Hierarchy The ESMP considers all phases of the proposed project life cycle namely, Planning and Design; Construction; Operation and Maintenance and Decommissioning. Each of the project phases is anticipated to have unique environmental and social risks. The impacts related to each of the project phases and its corresponding mitigations are presented in Section 6.3. Each of the project phases is briefly described below. Page | 35 Environmental and Social Management Plan - ESMP 3.2.1 Planning and Design Phase This section of the ESMP (Table 3) provides management principles for the planning and design phase of the project. Environmental and Social management actions, procedures and responsibilities as required during the planning and design phase are specified. This section will specifically focus on avoiding potential impact during site selection and to minimize further environmental and social impacts through considering environmentally friendly designs and technology such as solar as part of the unit designs. 3.2.2 Construction Phase This section of the ESMP (Table 3) provides management principles which need to be applied during the construction phase of the project. It contains specific environmental and social actions, procedures, responsibilities and monitoring and reporting requirements during the construction phase. These specifications will form part of the bidding and contractual documents and will be used to measure the Contractor performance. 3.2.3 Operation and Maintenance This section of the ESMP (Table 3) provides basic management principles to be implemented during the occupation of the units and general maintenance that may be required to maintain the structural integrity and functionality of the units. 3.2.4 Decommissioning Phase This section of the ESMP (Table 3) provides management principles in the unlikely event that the units will require decommissioning. 4. LEGAL AND ADMINISTRATIVE FRAMEWORK This section outlines and highlights the relevant institutional and legal as well as policy framework in South Africa that has a direct bearing on the Project and sub-project activities. The chapter further highlights the World Bank ESSs applicable to the project and sub-project activities including a comparative analysis and gaps existing between the ESSs and host country regulations and suggestions on bridging the gaps. 4.1 The South African Legal and Policy Framework Below is the summary of the legal and regulatory statutes in South Africa which are relevant to the Wildlife Conservation Bond project and sub-project activities. The legislative and policy framework informed the preparation of the ESMP. A detailed overview and description of the legislative framework is provided in the ESMF. LEGISLATION The South Africa Constitution (1996) In respect of the Bill of Rights included in the Constitution of the Republic of South Africa, 1996, the citizens of South Africa have in terms of Section 24, the right to have the environment protected and to live in an environment that is not harmful to human health or well-being. The constitution is applicable as the project activities must ensure no harm to the environment or human health and well-being National Development Plan 2030 The National Development Plan (NDP) aims to eliminate poverty and reduce inequality by 2030. South Africa can realise these goals by drawing on the energies of its people, growing an inclusive economy, building Page | 36 Environmental and Social Management Plan - ESMP LEGISLATION capabilities, enhancing the capacity of the state, and promoting leadership and partnerships throughout society. The plan focuses on the critical capabilities needed to transform the economy and society. National Environmental Management Act (Act No. 107 of 1998) The National Environment Management Act (NEMA) (Act No. 107 of 1998) requires the protection of the environment for future generations, competent authorities to manage the environment, and sets out measures for environmental law enforcement. NEMA introduced the environmental impact management regime, in particular the EIA process. The Act is applicable as the project involves small scale civil works which may trigger the need for an environmental impact assessment to be undertaken and an environmental authorisation to be obtained from the relevant competent authority. The Act will also apply as it promotes protection of the environment and requirements for reporting of environmental incidents. National Environmental Management: Protected Areas Act (Act No. 57 of 2003) The Protected Areas Act (Act No. 57 of 2003) declares its objectives as to promote sustainable utilisation of protected areas for the benefit of people, in a manner that would preserve the ecological character of such areas; and to promote participation of local communities in the management of protected areas, where appropriate. The Act is applicable as the project activities will take place in a Protected Area. National Environmental Management: Biodiversity Act (Act No. 10 of 2004) The Biodiversity Act (Act No. 10 of 2004) provides for the management and conservation of South Africa's biodiversity within the framework of the National Environmental Management Act, 1998; the protection of species and ecosystems that warrant protection; the fair and equitable sharing of benefits arising from bio-prospecting involving indigenous biological resources; the establishment and functions of a South African National Biodiversity Institute; and for matters connected therewith. The Act is applicable as the project activities will take place in a Protected Area and may impact on the local biodiversity and ecosystems if impacts aren’t mitigated. National Water Act (Act No. 36 of 1998) The National Water Act (Act No. 36 of 1998) is the primary legislation regulating both the use of water and the pollution of water resources. The Act is applicable as water will be obtained from boreholes for some of the project activities. Water for this sub-project activities will be used for domestic use and will be obtained from existing boreholes. National Forest Act (Act No. 84 of 1998) The National Forest Act (Act No. 84 of 1998) establishes natural forests and woodlands form an important part of that environment and need to be conserved and developed according to the principles of sustainable management. In terms of section 7(1) of the National Forests Act, 1998, no person may cut, disturb, damage or destroy any indigenous tree in, or remove or receive any such tree from, a natural forest except in terms of: (a) license issued under subsection (4) or section 23; or (b) an exemption from the provisions of subsection (4) published by the Minister in the Gazette. This Act is appliable as some clearing of vegetation may be required. Environmental Conservation Act (Act No. 73 of 1989) The Environmental Conservation Act (Act No. 73 of 1989) provides for the effective protection and controlled utilization of the environment and for the matters incidental thereto. This Act is applicable as the sub-project may have an impact on the environment if not properly mitigated National Environmental Management: Air Quality Act (Act No. 39 of 2004) The main objectives of the Air Quality Act (Act No. 39 of 2004) are to protect the environment by providing reasonable legislative and other measures to: ▪ Prevent air pollution and ecological degradation; ▪ Promote conservation; and ▪ Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development in alignment with Sections 24a and 24b of the Constitution of the Republic of South Africa. This Act is applicable as the sub-project activities may lead to temporary release of emissions such as dust into the atmosphere. National Environmental Management: Waste Act (Act No 59 of 2008) Amended The main objective of the Waste Act (Act No. 59 of 2008) is to protect health and the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development; to provide for institutional arrangements and planning matters; to provide for national norms and standards for regulating the management of waste by all spheres of government; to provide for specific waste management measures; to provide for the licensing and control of waste management activities; to Page | 37 Environmental and Social Management Plan - ESMP LEGISLATION provide for the remediation of contaminated land; to provide for the national waste information system; to provide for compliance and enforcement. This Act applies as the sub-project activities will generate waste which will require appropriate disposal in line with the requirements set out in this act. Occupational Health and Safety Act (Act No. 85 of 1993) The objective of the Occupational Health and Safety Act (Act no. 85 of 1993) is to provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety. This Act is applicable as the sub-project activities will involve minor construction work and employment of workers. Compensation for Occupational Injuries and Diseases Act (Act No. 103 of 1993) The Compensation for Occupational Injuries and Diseases Act 130 of 1993 intends to provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith. This Act is applicable as the sub-project activities will involve minor construction work and employment of workers. Physical Planning Act (Act No. 125 of 1991) The objective of the Physical Planning Act (Act no. 125 of 1991) is to promote the orderly physical development of the Republic, and for that purpose to provide for the division of the Republic into regions, for the preparation of national development plans, regional development plans, regional structure plans and urban structural plans by the various authorities responsible for physical planning. Basic Conditions of Employment (Act No. 75 of 1991) The Basic Conditions of Employment Act (Act no. 75 of 1997) gives effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic as a member state of the International Labour Organisation. The Basic Conditions of Employment Amendment Act, No 20 of 2013 was published and became effective on 1 September 2014. This Act is applicable as the sub-project will engage direct and contract workers. Labour Relations Act (Act No. 66 of 1995) The Labour Relations Act (Act no. 66 of 1995) aims to promote economic development, social justice, labour peace and democracy in the workplace. It sets out to achieve this by fulfilling the primary objectives of the Act, which are to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution, including the right to fair labour practices, to form and join trade unions and employer’s organisations, to organise and bargain collectively, and to strike and lock out; to provide a framework for regulating the relationship between employees and their unions on the one hand, and employers and their organisations on the other hand. At the same time it also encourages employers and employees to regulate relations between themselves; and to promote orderly collective bargaining, collective bargaining at sectoral level, employee participation in decision-making in the workplace and the effective resolution of labour disputes. This Act is applicable as the sub-project will engage direct and contract workers. Employment Equity Act (Act No 55 of 1998) The Employment Equity Act (Act no. 55 of 1998) promotes equity in the workplace, ensures that all employees receive equal opportunities and that employees are treated fairly by their employers. The law protects you from unfair treatment and any form of discrimination. The law states that your employer may not discriminate against you directly or indirectly through employment policy or practice on the grounds of race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth. The law aims to redress injustices of the past by implementing affirmative action measures. According to the legislation, it isn't unfair discrimination to promote affirmative action consistent with the Act or to prefer or exclude any person on the basis of an inherent job requirement. This Act is applicable as the sub-project will engage direct and contract workers. Promotion of Equality and Prevention of Unfair Discrimination Act (Act No 4 of 2000) In terms of the Promotion of Equality and Prevention of Unfair Discrimination Act (Act no. 4 of 2000), which gives expression to the right to equality, section 8 stipulates that no person may be unfairly discriminated against on the grounds of gender, expressly including gender-based violence. This Act is applicable as the sub-project will engage direct and contract workers. Criminal Procedures Act (Act No 51 of 1977) Page | 38 Environmental and Social Management Plan - ESMP LEGISLATION Criminal Procedures Act (Act no. 51 of 1977) provides the protocols in place for criminal proceedings and due process that must be provided to anyone accused of a crime, including persons who are detained by PA officials. Criminal Law Amendment Act (Act No 32 of 1991) Amended in 2007 The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) is an act of the Parliament of South Africa that reformed and codified the law relating to sex offences. It repealed various common law crimes, including rape and indecent assault, and replaced them with statutory crimes defined on a gender-neutral basis. Prevention and Combating of Trafficking in Persons National Policy Framework The NPF seeks to ensure all government departments and other engaged stakeholders from civil society are collectively guided in the implementation of anti-trafficking responses and of their statutory responsibilities. In particular, the NPF intends to support the implementation of the Prevention and Combating of Trafficking in Persons, 2013 (Act No. 7 of 2013), hereinafter referred to as the Act, which aims to ensure that the criminal justice system is effective in prosecuting criminals and protects the victims of Trafficking in Persons (TIP), promoting a cooperative and aligned response among all government departments, as well as with civil society organizations engaged in assisting and supporting TIP victims. Firearm Control Act (Act No. 60 of 2000) Firearm Control Act (Act no. 60 of 2000) and associated amendments establishes the procedures under which a firearm is permitted. It includes the provisions for permitting procedures for persons in South Africa who seek to obtain a firearm, including procedures for ensuring competency and associated licencing and permits as well as procedures to terminate firearm licences. Restitution of Land Rights Act (Act No. 22 of 1994) The Act makes provision for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices. Communal Property Association Act (Act No. 28 of 1996) The Communal Property Association Act (Act no. 28 of 1996) makes provision for communities to form juristic persons, to be known as communal property associations, in order to acquire, hold and manage property on a basis agreed to by members of a community. Promotion of Access to Information Act (Act No. 2 of 2000) The purpose of the Promotion of Access to Information Act is to ensure that people can exercise their constitutional right of access to any information that is required for the exercise or protection of any right and is held by the State or another person. Heritage Resources Act (Act No. 25 of 1999) The Heritage Resources Act (Act no. 25 of 1999) is the overarching legislation that protects and regulates the management of heritage resources in South Africa. This Act is applicable as the sub-project activities will involve minor excavation and construction activities that may impact on cultural heritage if not mitigated National Building Regulations and Building Standards Act (Act No 103 of 1977) The National Building Regulations and Building Standards Act 103 of 1977 intends: to provide, for the promotion of uniformity in the law relating to the erection of buildings in the areas of jurisdiction of local authorities; for the prescribing of building standards. The Act is applicable as the sub-project activities will entail the construction of structures that will be occupied and therefore standards will apply to ensure universal access and building safety. Regulations Environmental Impact Assessment Regulations, 2014 Environmental authorization under NEMA follows the Environmental Impact Assessment Regulations (GN R. 982, 4 December 2014) pertaining to environmental impact assessments under sections 24(5), 24M and 44 of NEMA. Listing Notices GN R. 983, R. 984, R. 985 of 4 December 2014 define activities that could have a negative impact on the environment that must be investigated and reported following either the Basic Assessment report (regulation 19) or Scoping and Environmental Impact Reporting procedures (regulations 21 to 24). This Regulations apply as the sub-project activities will involve construction and clearing of development footprints. The activities were screened against the listed activities and falls below the thresholds triggering the requirement for an environmental authorisation. National Environmental Management Air Quality Act Regulations National dust control, 2013 The purpose of the regulations is to prescribe general measures for the control of dust emissions and provides standards for the acceptable dust fall rate in residential and non-residential areas. Page | 39 Environmental and Social Management Plan - ESMP LEGISLATION Restriction Areas Dustfall rate (D) Permitted frequency of (mg3/m2/day, 30 days exceeding dust fall rate average) Residential areas D< 600 Two within a year, not sequential months Non-residential areas 600 < D < 1200 Two within a year, not sequential months This regulation is applicable as the minor construction works may lead to release of dust emissions into the atmosphere. Occupational Health and Safety Act Construction Regulations, 2014 The Construction Regulations is to place legal responsibilities on all key stakeholders in the construction industry to address and radically improve health and safety issues on construction sites. This regulation is applicable as the sub-project activities will entail the construction of residential and access control units. 4.2 International Environmental and Social Management Requirements South Africa has signed the SDGs which places poverty and inequality at the forefront of its National Development Plan. South Africa has regular reporting on the implementation to meet the 16 SDG goals by 2030. Particularly relevant to the Project are Goal 1: No Poverty, Goal 2: Zero Hunger, Goal 5: Gender Equality, Goal 8: Decent Work and Economic Growth, Goal 10: Reduced Inequality, Goal 11: Sustainable Cities and Communities and Goal 13: Climate Action. There are over 500 Multilateral Environmental Agreements registered with the United Nations. These agreements require country level commitments that can be fostered through a cooperative regional approach. The conventions or treaties are legally binding to contracting states. South Africa is a signatory to several international treaties and conventions that are relevant to the sectors that the proposed sub projects under the project. Conventions signed by South Africa which are relevant to this Project are outlined below. The Project supports and adheres to these Conventions regarding design and expected outcomes: United Nations Convention on Biological Diversity (1995) Signed by 150 government leaders at the 1992 Rio Earth Summit, the Convention on Biological Diversity is dedicated to promoting sustainable development. Conceived as a practical tool for translating the principles of Agenda 21 into reality, the Convention recognizes that biological diversity is about more than plants, animals and microorganisms and their ecosystems – it is about people and our need for food security, medicines, fresh air and water, shelter, and a clean and healthy environment in which to live. Convention to Combat Desertification (1994) The Convention aims to improve the living conditions of vulnerable populations living in arid, semi-arid and dry sub-humid areas. Convention on Biological Diversity (1994) The Convention aims to encourage sustainable development that considers biodiversity. Some of the strategies in place to achieve this are to decrease the rate of loss of natural habitats, establish conservation areas, restore degraded areas and protect environments susceptible to human impacts. United Nations Framework Convention on Climate Change (1992) Page | 40 Environmental and Social Management Plan - ESMP The Convention aims to limit human activities contributing to climate change and to come up with solutions to curb the negative results of climate change. Convention on International Trade in Endangered Species of Fauna and Flora (1975) The Convention aims to ensure that the international trade of specimens (fauna and flora) does not threaten their survival. United Nations on Combating Poverty (1997) The aim is to ensure that all individuals are provided with the opportunity to earn a sustainable livelihood. In order to achieve this the UN will need to implement policies and strategies that promote adequate levels of funding and focus on integrated human development. United Nations Global Compact To encourage businesses worldwide to adopt sustainable and socially responsible policies, and to report on their implementation. Its primary objectives are to mainstream its ten principles in business activities around the world catalyse actions in support of broader UN goals, such as the Basic Assessment Report (BAR)). World Heritage Convention 1997 Convention concerning the protection of the world cultural and natural heritage Forced Labour Convention 1930 Commits signatory countries to suppress any form of forced labour. The convention recognizes the legitimacy of minor communal services performed in the interest of the community as a ‘normal civic obligation’ and of service required in the case of emergency. The Convention was ratified by South Africa in 1997. Discrimination (Employment and Occupation) Convention 1958 Commits signatory countries to promote, through their national policies, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination. Discrimination is defined as any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. The Convention was ratified by South Africa in 1997. Minimum Age Convention 1973 Commits signatory countries to the abolition of child labour and the legal determination of a minimum age at a level consistent with the fullest physical and mental development of young persons, but in any case, of no less than 15 years and for work which may ‘jeopardize the health, safety or morals of young persons’ of no less than 18 years. The Convention was ratified by South Africa in 2000. Worst Forms of Child Labour Convention 1999 Commits signatory countries to the urgent prohibition and elimination of the worst forms of child labour. The Convention was ratified by South Africa in 2000. United Nations Convention against Transnational Organized Crime 2000 The Convention represents a major step forward in the fight against transnational organized crime and signifies the recognition by Member States of the seriousness of the problems posed by it, as well as the need to foster and enhance close international cooperation in order to tackle those problems. Equal Remuneration Convention 1951 Page | 41 Environmental and Social Management Plan - ESMP Commits signatory countries to the principle of equal remuneration for men and women workers for work of equal value. The Convention was ratified by South Africa in 2000. Africa Convention on Conservation of Nature and Natural Resources 2003 To encourage conservation, utilisation and development of soil, water, flora and fauna for the present and future welfare of mankind, from an economic, nutritional, scientific, educational, cultural and aesthetic point of view. 4.3 World Bank Environmental & Social Standards The World Bank Environmental and Social Standards (ESSs) constitute the requirements relating to the identification and assessment of environmental and social risks and impacts associated Project activities. ESS1, Assessment and Management of Environmental and Social Risks and Impacts, provides the overarching guidance to identify, evaluate and manage the environment and social risks and impacts of the activities in a manner consistent with the ESSs. ESS1 also sets out the principles for activities to be designed to avoid, minimize, reduce or mitigate the adverse environmental and social risks and impacts. The applicable ESSs are: Relevant ESS Applicability to this ESMP ESS1: Assessment and Management Small scale renovation works may have some of Environmental and Social Risks environmental and social impacts which have and Impacts been screened and assessed using the screening tool set out in the ESMF. This ESMP was prepared to address and mitigate and manage identified impacts. ESS2: Labour and Working The small-scale renovation works and fencing Conditions will require inputs from labour forces which will be hired from the local community by the contractor, therefore ESS2 applies ESS3: Resource Efficiency and Small quantities of construction and domestic Pollution Prevention and waste will be produced during construction and Management occupation of these units. Also, cement and other substances which may cause pollution if not adequately managed will be used during construction. ESS4: Community Health and Safety There may be some interaction with community due to the transportation of construction equipment and sourcing of labour from nearby communities. ESS6: Biodiversity Conservation The activities will be undertaken in a protected and Sustainable Management of area and will entail removal of vegetation Living Natural Resources during fence and road maintenance. ESS10: Stakeholder Engagement The ESMP has been consulted upon through the and Information Disclosure Park Forum and contractors are required to prioritise recruitment from adjacent communities. Page | 42 Environmental and Social Management Plan - ESMP 4.3.1 World Bank Group’s Environmental, Health and Safety Guidelines The World Bank Group Environment, Health and Safety guidelines are technical reference documents with general and industry-specific examples of Good International Industry Practice. During the identification and evaluation of environment and social risks and impacts required in accordance with ESS1 and ESS2, there may be need to recommend alternative (higher or lower) levels or measures, which become site-specific requirements. If less stringent levels or measures than those provided in the Guidelines are appropriate, in view of specific circumstances, a full and detailed justification for any proposed alternatives is needed as part of the site-specific assessment. Where South Africa regulations differ from the levels and measures presented in the Guidelines, activities are expected to achieve whichever is more stringent. The Project will apply the General Guidelines, which require (i) the early identification of potential activity hazards and risks informing the site selection and design of activities; (ii) an activity risk management strategy which reduces risks to human health and the environment by preventing irreversible and/or significant impacts, eliminating hazards, and reducing and minimizing remaining impacts; and (iii) the preparedness of workers and communities to deal with accidents. Specific guidelines may apply to activities and mitigation measures, as relevant are included in site-specific ESMPs. Page | 43 Environmental and Social Management Plan - ESMP 4.4 Gap Assessment of World Bank and National Requirements The following table provides the overview, using the World Bank’s Environmental and Social Standards as the organizing princi ple to integrate the Project’s approach with the relevant laws and regulation. Table 2: Gap Assessment of Environmental and Social Approaches ESS Objectives South African National Laws and Project Approach to Align National Relevant Safeguard Instrument Regulations and World Bank Requirements ESS1: Assessment and Management of Environmental and Social Risks and Impacts Identify, assess, evaluate, and NEMA requires mandatory review of The South African framework is extensive on ESMF screening procedures are manage environment and social environmental impact and mitigation plans environmental assessment and requires aligned with national and risks and impacts. if projects are assessed to have significant integration of social impact assessment. international standards. adverse impact. Through the screening approach the Project Monitoring and reporting of the will rate the risk categorisation of low, Project’s environmental and social moderate, substantial, or high. Low risk performance will be made in projects due not require review under the accordance with the Project’s South African EIA Regulations, while moderate Environmental and Social risk projects require a Basic Assessment. Commitment Plan. Activities rated substantial or high will require development of ESIA. Adopt a mitigation hierarchy: Mitigation required under NEMA which is, South African law requires comprehensive Participatory community engagement • Anticipate and avoid risks and in the case of the Project, is reviewed by mitigation plans in place to prevent, reduce and will contribute to identification of impacts the Eastern Cape Environmental Affairs. manage environmental impacts but is silent on mitigation measures. • Where avoidance is not possible, For any residual impacts Eastern Cape social impact. The Project’s approach will minimize or reduce risks and Environmental Affairs can issue licenses provide comprehensive mitigation of Standard mitigation measures are impacts to acceptable levels related to pollution control, waste environmental and social risks, guided by the included in the ESMF. • Once risks and impacts have management or hazardous waste ESMF. been minimized or reduced, management subject to environmental Activities with moderate risk mitigate and impact statements and mitigation plan classification will require a site • Where significant residual approval. specific ESMP. Activities with impacts remain, compensate for substantial or high risks are subject to or offset them, where technically further review and if approved for and financially feasible funding, will require the development of an ESIA. Page | 44 Environmental and Social Management Plan - ESMP ESS Objectives South African National Laws and Project Approach to Align National Relevant Safeguard Instrument Regulations and World Bank Requirements Adopt differentiated measures so South African law has equal protections that adverse impacts do not fall embedded in the country’s legal disproportionately on the framework. disadvantaged or vulnerable Utilize national environmental and NEMA does not require monitoring of Where required, ESMPs and ESIAs, including Site specific ESMP, ESIA, Basic social institutions, systems, laws, activities, which are considered low risk. Basic Assessment and Scoping Reports as Assessment and Scoping Reports, regulations and procedures where required by NEMA will be shared with where needed. appropriate. Provincial officials in Environmental Affairs for review and approval. Promote improved environmental South African law requires equitable and The Project will promote efficiency and The principle is embedded in the and social performance, in ways sustainable use of resources. The South sustainability in environmental and social ESMF approach to enhance local which recognize and enhance African Constitution sets out the right of all performance as a core principle embedded in capacity. Borrower capacity. to an environment that is not harmful to Project design. their health or well-being and to have the environment protected for the benefit of present and future generations ESS2: Labour and Working Conditions Promote safety and health at work. The Occupational Health and Safety Act South African labour law outlines broad During the scoping and screening of outlines requirements to ensure health and principles for safety and health that are activities’ environment and social safety conditions in the workplace, and the consistent with ESS2, and the ILO Core Labour risks and impacts the Project will related articles has broad provisions Standards. In addition, the World Bank Group determine which of the standard related to safety in construction as well as Occupational Health and Safety Guidelines9 mitigation measures in ESMF are training related to occupational health and provide detailed guidance that will be proportional to health and safety and safety. referenced where relevant related to: apply. • General Facility Design and Operation (2.1) Where the risk of an activity is rated • Communication and Training (2.2) moderate, substantial or high there • Physical Hazards (2.3) may be a need to include higher • Chemical Hazards (2.4) levels or measures to mitigate site- • Personal Protective Equipment (2.7) specific risks and impacts, which will • Monitoring (2.9) be stipulated in associated ESMPs and/or ESIAs. Page | 45 Environmental and Social Management Plan - ESMP ESS Objectives South African National Laws and Project Approach to Align National Relevant Safeguard Instrument Regulations and World Bank Requirements Contractors and sub-contractors engaged by the Project must maintain accurate records of occupational accidents, diseases, including environmental or social incidents. Promote the fair treatment, non- The Promotion of Equality and Prevention The Project will, in accordance with ESS2 and Labour management procedures are discrimination, and equal of Unfair Discrimination Act provides the National Laws, recruit a diverse workforce and provided in Section 6 of the ESMF opportunity of workers. right to equality, disbands discrimination ensure that contractors have equal protections and reflected in the standard and the Employment Equity Act promotes in place. The Project will provide oversight to mitigation measures in the ESMF. equity in the workplace. ensure that there is no discrimination or Recruitment of any Project related harassment with respect to any aspects of the staff must promote non- employment relationship, including discrimination, fair treatment and recruitment and hiring, compensation equal opportunity. (including wages and benefits), working conditions and terms of employment, including based on gender, age, race or ability based. Protect workers, with emphasis on The Project will ensure that there is induction Incorporate labour management vulnerable workers. of all workers, whether directly employed or requirements in all procurement through contractors, and establish: documents to require adequate • Equal opportunities for employment records and training of all workers • Contract rights and conditions, including engaged and associated with the salary, overtime, grievance Project. Contractor’s records will be • Workplace conduct/Code of Conduct subject to supervision by Project • Register of all workers, including age and officers. contract conditions • Worker grievance system • Health and safety policy based on IFC guidelines, provision of PPE where needed • Health surveillance, record injuries and near misses Prevent the use of all forms of forced The South African Constitution states that International and national labour protections The initial screening of risk and labour and child labour. no one may be subjected to slavery, are aligned in aspects related to child and impact must identify activities where Page | 46 Environmental and Social Management Plan - ESMP ESS Objectives South African National Laws and Project Approach to Align National Relevant Safeguard Instrument Regulations and World Bank Requirements servitude or forced labour. It further forced labour. No one under the age of 18 may anyone below the age of 18 may provides that children under 18 have a be engaged in any Project activities. participate. All prospective persons right to be protected from work that is employed under the Project must exploitative, hazardous, inappropriate for provide a copy of their National ID to their age, detrimental to their schooling, or verify age requirements. detrimental to their social, physical, mental, spiritual, or moral development. Workers age, regardless of the type of The minimum age for work in South Africa labour contributed, must be recorded is 15 years for non-hazardous engagement. by the respective employer and is subject to review. Support the principles of freedom of The South African Constitution's Bill of Worker organisations and/or unions and their Contract provisions and contract association and collective bargaining Rights Section 18 establishes representatives will be recognized through all management must recognize the right of workers in a manner consistent the right to freedom of association. employer/ employee relationship, as relevant. to participate in and form worker with national law. associations. Provide workers with accessible The South African Constitution provisions The Project and Project contractors must have Contract provisions should reflect means to raise workplace concerns. for the Public Service Commission to workplace procedures in place. Workers may grievance procedures in place by the investigate grievances of employees in the appeal determinations in accordance with the contractor as measures in place to Public Services. The Labour Relations Act, South African Labour Relations Act. appear through the Project. These Section 185, provides the right to not be must be shared with workers at unfairly dismissed or be subjected to induction in workplace procedures. unfair labour practices and outlines mechanism for addressing disputes and grievances that cannot be resolved in the workplace. ESS3: Resource Efficiency and Pollution Prevention and Management Promote the sustainable use of NEMA, Section 28, addresses duty of care ESS3 has a wider reach than South African Law The standard mitigation measures, resources, including energy, water, and remediation of environmental damage, and will apply to the Project approach to part of the ESMF, incorporate and raw materials. National Water Act specifically addresses ensuring resource efficiency and sustainable resource efficiency and pollution the need to converse and manage water use of resource s required to implement prevention and management. resources. activities. Where required, additional measures Avoid or minimize adverse impacts A primary purpose of the South African ESS3 and South African Law concur on the may be included in site specific ESMP on human health and the Constitution, Labour, Social and purpose of efforts to avoid and minimize or ESIA, where needed, will be guided environment caused by pollution Environmental Law is to protect the health impacts, as well as enhance livelihoods through by these principles. from activities. of humans and the environment. active management. Page | 47 Environmental and Social Management Plan - ESMP ESS Objectives South African National Laws and Project Approach to Align National Relevant Safeguard Instrument Regulations and World Bank Requirements Avoid or minimize project-related South African law requires best practicable ESS3 and South African Environment Law are emissions of short and long-lived environmental options to be adoption in equivalent. climate pollutants. relation to discharges or emissions. Avoid or minimize generation of Where hazardous waste is kept or utilized, ESS3 and South African Environment Law have hazardous and non-hazardous a project proponent must obtain permit the equivalent intent to avoid or minimize waste. through the Provincial Environmental hazardous and non-hazardous waste. Affairs. Minimize and manage the risks and DEFF regulates the manufacture, ESS3 and South African Law have the It is not anticipated that Project impacts associated with pesticide distribution, sales, use and advertisement equivalent intent to avoid or minimize use of activities will involve the use of use. of pesticides. It derives this mandate from pesticides. pesticides. Should pesticide use be the Fertilizers, Farm Feeds, Agricultural required for any activity a site-specific Remedies and Stock Remedies Act, 1947. ESMP or ESIA will be developed. ESS4: Community Health and Safety Anticipate or avoid adverse impacts The Constitution provides broad ESS4 and the South African legislative Potential for adverse risk and impact on the health and safety of activity- protection of people’s social rights and framework provide broad protections of for community health and safety must affected communities during activity justice, including right to health care, food, community health and safety. The World Bank be captured during screening of life-cycle from routine and non- water and social security. Labour Law Occupational Health and Safety guidelines can activities and mitigation reflected in routine circumstances. provides protection for community health be referenced for specific and operational ESMP or ESIA prior to commencement and safety through ensuring safe guidance for community health and safety of activities. Promote quality, safety, and climate workplaces. related to: Standards provision to integrated change considerations in • Water Quality and Availability (3.1) quality, safety and climate change infrastructure design and • Structural Safety of Project Infrastructure considerations in design is contained construction, including dams. (3.2) in the ESMF. Where an activity is rated Avoid or minimize community • Life and Fire Safety (3.3) moderate, substantial or high risk exposure to activity-related traffic • Traffic Safety (3.4) additional measures will be reflected and road safety risks, diseases and • Transport of Hazardous Materials (3.5) in the site specific ESMP or ESIA. hazardous materials, and have in • Disease Prevention (3.6) place effective measures to address • Emergency Preparedness and Response Separate measures are provided in the emergency events. (3.7) ESMF in relation to security Ensure that safeguarding of personnel. personnel and property is carried Standard HR procedures are in place in both out in a manner that avoids or PAs to prevent communicable disease and minimizes risks to the activity- GBV/SEA, including procedures to handle affected communities. grievance. Page | 48 Environmental and Social Management Plan - ESMP ESS Objectives South African National Laws and Project Approach to Align National Relevant Safeguard Instrument Regulations and World Bank Requirements Ensure that government security The Firearm Control Act makes provision ESS4 and the South African legal/regulatory All officials required to carry a firearm personnel deployed to provide for ensuring competency including training framework provide broad protections of as part of their work positions must security services are guided by the on firearm use and control, legal aspects community health and safety in relation to the undertake competency training at an principles of proportionality and related to carrying and use of a firearm and activities of government security personnel, accredited institution and then seek good international industry practice permits and licencing requirements. Under including park rangers. competency certification through the and by applicable law in relation to the law, a person is required to undergo South African Police Service (SAPS). hiring, rules of conduct, training, regular competency tests and renew a PAs also require that all staff equipped equipping and monitoring of such firearm licence. The act further sets out with firearms receive training in legal security personnel. specific execution of their powers and duties related to carrying and potentially using the firearm. ESS6: Biodiversity Conservation and Sustainable Management of Living Natural Resources Protect and conserve biodiversity The Biodiversity Act and the Protected ESS6 and the South African law on biodiversity The standard mitigation measures, and habitats. Areas Act provides for the management conservation and sustainable management are part of the ESMF, incorporate simple Apply the mitigation hierarchy and and conservation of South Africa's equivalent. mitigation measures. However, where the precautionary approach in the biodiversity within the framework of the required, additional measures may be design and implementation of National Environmental Management Act. Experts will be deployed from ECPTA or included in site specific ESMP or projects that could have an impact This includes the protection of species and GFRNR to assess biodiversity habitats ESIA, where needed, will be guided by on biodiversity. ecosystems that warrant protection to potentially affected by Project activities, or these principles. Support livelihoods of local ensure that there is no net loss as well as where specialist knowledge is required, communities, including Indigenous preventive measures to ensure that no independent specialist will be engaged. Peoples, and inclusive economic species become critically endangered, the development, through the adoption fair and equitable sharing of benefits of practices that integrate arising from bioprospecting involving conservation needs and indigenous biological resources, the development priorities. establishment and functions of a South African National Biodiversity Institute; and for matters connected therewith. ESS10: Stakeholder Engagement and Information Disclosure Establish a systematic approach to South Africa has strict measures in regard All environmental and social impact work will The ESMF is accompanied by the SEP, stakeholder engagement that helps to public participation, including through be conducted with involvement of impacted which is part of the Project design to Borrowers identify stakeholders and the Access to Information Act. For example, and affected persons. Project activities under ensure systematic stakeholder maintain a constructive relationship re. legislative initiatives: a law cannot be Component 1 specifically respond to engagement, assessment of interests with them. valid unless the public has been heard and community need and interest wherefore and on-going information sharing. Page | 49 Environmental and Social Management Plan - ESMP ESS Objectives South African National Laws and Project Approach to Align National Relevant Safeguard Instrument Regulations and World Bank Requirements Assess stakeholder interest and consulted upon with the public. The EIA community members will be closely involved in support for the activity and enable regulations specifically require that project design and implementation, including stakeholders’ views to be taken into impacted and affected persons be identification of environmental and social risk account in activity design. consulted in regard to Project measures. and impact. Local language will be used during Promote and provide means for community engagements effective and inclusive engagement with activity-affected parties throughout the activity life cycle. Ensure that appropriate information is disclosed to stakeholders in a timely, understandable, accessible and appropriate manner. To provide project-affected parties with accessible and inclusive means to raise issues and grievances and allow Borrowers to respond to and manage such grievances. Page | 50 Environmental and Social Management Plan - ESMP 5. INSTITUTIONAL ARRAGEMENTS AND ROLES AND RESPONSIBILITIES 5.1 Eastern Cape Parks and Tourism Agency ECPTA was established through the Eastern Cape Parks & Tourism Agency Act (ECPTA Act), Act 2 of 2010. The Agency is responsible for biodiversity conservation through the effective management of the protected areas in accordance with applicable national and provincial environmental legislation. The Agency, in addition to any other power or duty provided for in the ECPTA Act or applicable national and provincial legislation, must, amongst others – (a) control, manage and maintain the protected areas so as to exercise supervision and control of the protected areas and to study wild animals and plant life and may, subject to the applicable environmental authorisations, construct or erect any infrastructure, other works and facilities as it may consider necessary to control, manage and maintain the protected areas and must manage and maintain such infrastructure, other works and facilities. The proposed infrastructure development and upgrades is in fulfilment of the powers and duties of the Agency relating to protected area management and will be undertaken in accordance with applicable legislation and policies. Implementation of Project activities will be led by ECPTA in the GFRNR using the existing institutional structures, including existing environmental and social experts, supported by technical experts from the ECPTA head office. The implementing agency, ECPTA is an autonomous agency governed by an independent Board of Directors and established through legislation passed in 2010. GFRNR has environment and social staff, and future staff may further be engaged, by GFRNR, as the need may arise, to oversee the sub-project activities. All sub-project activities financed under the Wildlife Conservation Bond Project are consistent with the agreed management plan of the area and contribute to the project development objective as well as the overall objectives of the Protected Area. 5.2 Great Fish River Nature Reserve ECPTA will be the implementing agency of the sub-project activities under Component 1b. As the implementing agency, GFRNR, must ensure that compliance with the requirements in this ESMP. GFRNR will be responsible for the supervision and monitoring of the sub-project activities and mitigations of this ESMP. GFRNR has made sufficient budget allocation of USD 6555.16 (ZAR 120 000 equivalent) for environmental and social supervision and monitoring requirements as set out in the ESMP. The budget may be reviewed and revised during the life cycle of the project as activities and implementation requirements for the sub-project changes. Below is an organogram showing hierarchical relationships amongst all persons involved in the project: Page | 51 Environmental and Social Management Plan - ESMP World Bank ECPTA World Bank: Executive Director: Program Biodiversity and Coordinator Conservation Environmental Social Specialist Senior Manager: Regional Manager Specialist Scientific Services (Project Manager) Environmental Community Liaison Senior Reserve External Planner Officer Manager: GFRNR Reserve-level Compliance Officer Environmental Contractors Control Officer Contractor’s EHS Officers Page | 52 Environmental and Social Management Plan - ESMP 5.3 GFRNR Environmental and Social Staff GFRNR has designated staff that will be responsible for supervision and monitoring requirements within their fields of specialisation. ECPTA employs a full time Community Liaison Officer that focuses on and works with the communities surrounding the Reserves, including the People & Parks programme and liaises with communities through various means. Duties of the environmental officer will be fulfilled monthly by the ECPTA Environmental Planner and on a frequency prescribed under each of the monitoring requirements by the reserve management. Upon inception of sub-project activities to be authorised under NEMA, compliance monitoring for all sub-project activities will be undertaken by an independent Environmental Control Officer. 5.3.1 Environmental Planner The designated environmental / Planner (EP) will be responsible for monitoring the environmental aspects of the project. As there is an overlap between social and environmental aspects, the environmental officer may. where needed. assist with the supervision of the contractors’ social aspects during the construction phase. The roles and responsibilities of the environmental officer assigned to this project are to: ▪ Monitor, audit and implement the requirements in this ESMP as well as any contractor specific sub-project specific management plans or method statements that may need to be prepared ▪ Ensure that the necessary permits, if any, have been obtained prior to commencement of the project ▪ Identify the environmental and social risks and impacts associated with the sub- project activities and propose actions/ requirements necessary to avoid and or mitigate the identified environmental and social impacts and risks. Follow-up on areas of non-compliance and corrective actions taken by the contractor to address environmental and social impacts and risks. ▪ Undertake regular site visits to monitor the contractor’s implementation of the ESMP and keep photographic records of the construction site prior, during and after completion of the units’ activities. ▪ Report back to the Reserve Manager and Bank on any environmental and social issues/ incidents and review the contractors monthly ESHS reports. ▪ Review contractor environmental and social management plans and if necessary, update the sub-project specific environmental and social instruments for the project. ▪ Prepare environmental, social, health and safety performance reports on a bi- annual basis or upon request for the Bank. 5.3.2 Community Liaison Officer The Community Liaison Officer will be responsible for the management of the social components. The Community Liaison Officer, has the same overlapping responsibilities as set out in section 6.3.1, and will further be responsible for the following: ▪ Participate and oversee any stakeholder engagement related to the sub-project activities set out in this ESMP. Page | 53 Environmental and Social Management Plan - ESMP ▪ Ensure that the project remains a standing item in the existing park forum meetings and provide an update on the status of implementation of the sub- project activities during these meetings. ▪ Oversee the management of the grievance mechanism, including separate procedures to manage SEA/SH-related complaints and ensure that the contractors have adequate workers grievance mechanisms in place which allows for safe reporting of any SEA/SH-related matters. ▪ Participate in the monthly project committee monthly meetings during which comments, feedback, and status of resolution of correspondence received via the GRM will be discussed. ▪ Proactively identify stakeholders, project risks and opportunities and inform the Parks Manager to ensure that the necessary planning can be done to either mitigate risk or exploit opportunities. ▪ Review the contractors labour management practices to ensure it is in line with the legislative requirements and those set out in the ESMP. ▪ Participate in induction and sensitization sessions to ensure contractors are aware of the GFRNP and project Code of Conduct, and matters related to GBV/SEA/SH, HIV/AIDS and interaction with local communities. The socio- economic transformation officer will conduct inspections to ensure all workers have signed and are adhering to the CoC developed for this project. 5.3.3 Environmental Control Officer (ECO) The Environmental Control Officer will be required to conduct independent environmental audits and inspections to determine environmental compliance based on the requirements of this ESMP and any requirements requiring independent monitoring as stipulated in the environmental authorization for which a separate ESIA and ESMP are being prepared. 5.4 The Contractor The term “Contractor” referred to in this ESMP, refers to the Primary contractor and his/her sub-contractors and suppliers. The Primary contractor will be responsible to ensure that the environmental and social requirements of this document and the project is as follows: ▪ Ensure compliance with the project environmental, social, health and safety requirements as stipulated in the bidding documents, this ESMP and any other applicable environmental and social instruments or rules provided by GFRNR. ▪ Ensure that all workers, including sub-contractors and suppliers are aware of the requirements set out in this document, either through induction or including it as part of the sub-contractor procurement requirements. ▪ Conduct self-monitoring to ensure compliance with the requirements in this ESMP and provide monthly compliance reports to GFRNR. ▪ Ensure that incidents are immediately reported to GFRNR and that the necessary corrective and preventative measures are implemented to prevent re-occurrence. ▪ Ensure that all workers are trained on the necessary environmental and social including Code of conduct and SEA/SH requirements of the project. ▪ Pro-actively identify any activities that may pose an environmental, social or health and safety risk and put measures in place to either avoid or mitigate the risks in line with the ESMP and prepare and submit activity specific method statements for GFRNR review. Page | 54 Environmental and Social Management Plan - ESMP ▪ Ensure that all documented records as stipulated in this ESMP are kept for GFRNR or Bank review. ▪ Ensure that sufficient budget provisions have been made available to ensure compliance with the sub-project ESHS requirements. 5.4.1 Contractor’s Environmental, Health and Safety (EHS) Officer The Contractor will be required to appoint an Environmental, Health and Safety Officer who will be responsible for overseeing the implementation of the environmental, social, health and safety aspects of the sub-project activities in line with the requirements set out in this ESMP. The role and responsibility of the Contractors’ EHS officer includes the following: ▪ Conduct daily evaluations of the activities on site to ensure compliance. ▪ Identify issues relating to day-to-day activities that can have a detrimental effect on the environment or health and safety of the workers, public and community members. ▪ Conduct induction and site-specific training to ensure workers and sub- contractors are familiar with the project ESHS risks and requirements. ▪ Participate in the preparation of risk assessments and method statements to ensure all relevant activity specific EHS risks and hazards have been identified and addressed. ▪ Ensure that the correct Personal Protective Equipment (PPE) is available, issued and used by all workers and sub-contractors. ▪ Conduct regular inspection on construction equipment to ensure that it is in a good working condition and do not pose a risk to users. ▪ Ensure that all EHS documentation, records and competencies have been obtained, are up to date and kept in the EHS file. ▪ Take charge of EHS incidents or emergency situations and correspond with the relevant emergency response units as needed. ▪ Ensure that incidents are reported, investigated as needed and corrective actions implemented. 5.5 ESMP implementation and failure to comply This section outlines the steps, relating to any areas of non-compliance observed during the implementation of the sub-project activities. The steps below increase with severity and will be implemented against the contractor. Step 1 - In the event that a minor non-conformance, the Environmental Control Officer will discuss the area of concern with the contractor or relevant responsible party, and work with the contractor on a solution to swiftly rectify the minor non-conformance. The Environmental Officer will record the discussion and the solution implemented in his/her site reports. Step 2 - In the event of a more serious infringement or a re-occurring infringement the Environmental Control Officer or the Senior Reserve Manager will notify the responsible party in writing and provide a deadline by which the infringement must be rectified. All costs will be borne by the contractor. The contractor will be required to put measures in place to prevent the re-occurrence of such infringement and will provide evidence to the Environmental Control Officer or the Senior Reserve Manager that it has been rectified. Page | 55 Environmental and Social Management Plan - ESMP Moreover, the World Bank will be notified of such incidents within 24 hours of occurrence. Step 3 - In the event of a major infringement, such as intentional harm to the environment, contravention with labor requirements or any contravention with legislative requirements. The Environmental Control Officer shall order the contractor to suspend part, or all, the works and shall inform the World Bank and other responsible parties of the infringement. The suspension will be enforced until such time as the offending party(ies), procedure or equipment is corrected and/or remedial measures put in place if required. No extension of time will be granted for such delays and all cost will be borne by the contractor. Moreover, the World Bank will be notified of such incidents within 24 hours of occurrence. Step 4 - Breach of contract - One of the possible consequences of this is the removal of a contractor and/or equipment from the reserve and/or the termination of the contract, whether a construction contract or an employment contract. Such measures will not replace any legal proceedings that ECPTA may institute against the contractor. Moreover, the World Bank will be notified of such incidents within 24 hours of occurrence. Page | 56 Environmental and Social Management Plan - ESMP 6. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND MITIGATION 6.1 Expected Positive Impacts The proposed sub-project activities for which the ESMP are being prepared are small in nature and are only anticipated to have a short-term positive impact in that it will create short-term temporary employment for some of the community members that will be recruited during construction. 6.2 Potential Adverse Impacts The potential adverse environmental and social impacts and risks of the sub-project activities are minimal, localized and of short duration. The impacts are most likely to occur during the construction phase. In general, potential adverse risks and impacts on the environment are mainly linked to building works associated with the grading of road within the existing footprint and installation of standard stormwater measures and operational activities at the workshop. The works include occupational health and safety (OHS) hazards and pollution due to solid waste, dust, noise, and vibration and liquid effluent and potential impacts on fauna and flora. The potential social risks and impacts are considered minor and not likely to occur. Engagements of workers from local communities will be required. Pruning of vegetation along the existing fence line for maintenance of the fence and installation of the electric fence infrastructure are considered to be labour intensive and will result to employment of a large number of locals. Potential social risks may include community health and safety and engagement of underage labour. The World Bank has assessed the projects potential for sexual exploitation and abuse (SEA) and gender-based violence (GBV) and rated the project as moderate risk. However, the provision has been made to address any potential SEA and GBV risks, that may in the unlikely event, occur during the construction phase. 6.2.1 Environmental Loss of flora: Sites selected are mostly disturbed and situated within areas with existing infrastructure. Disturbed areas will be prioritised for the establishment of material laydown areas; this is to ensure minimal to no disturbance of natural areas. Where disturbance is unavoidable, clearing will be kept minimal and upon completion of the activity, the disturbed areas will be re-instated. Loss of fauna will be avoided. The sub-project activities are small-scale and primarily within already disturbed areas with existing infrastructure. It is expected that they will not result in killing of wild fauna, destruction of their habitat or fragmentation of ecosystems, isolation of species population or impact migratory routes. There will be a temporary increase in traffic in the reserve due to movement of construction vehicles and delivery of construction materials to site. However, this will be strictly controlled and monitored. GFRNR is experienced in managing construction activities inside the reserve and have stringent rules and contractual requirements in place to which contractors need to adhere to. Soil erosion could occur during the construction phase as a result of the activities that will be ongoing in the construction areas especially land clearing. The equipment and Page | 57 Environmental and Social Management Plan - ESMP vehicles that shall be used in the construction process and could interfere with the soil structure along the transport routes making it loose and prone to erosion. Water flow and quality. There are sub-project activities that are likely to impact on watercourses. Adverse impacts will be avoided and where unavoidable will be mitigated to acceptable levels. There is risk of hydrocarbons leakages and liquid effluent from construction activities, machinery and equipment. Indiscriminate disposal of solid waste could impact or restrict flow or natural courses of water bodies. Air quality. Airborne dust will be caused by excavation, vehicle movement, engine combustion and materials handling, particularly from construction sites during the construction phase of the project. Air pollution will be further caused by emissions from vehicles and construction machinery, resulting in dust emissions, suspended particulate matter among others. Source of emission will be investigated and appropriate action such as servicing of vehicles/ machinery will be implemented to reduce emissions. Noise and vibration. Construction activities could result in significant noise impacts; this may be detrimental to general well-being of communities and lead to disruption of wildlife within the reserve. Infrastructure developments involving the use of equipment that emit incessant noise will be avoided. Waste. Solid waste issue is a potential adverse impact that will be as a result of abandonment of litter/construction materials on site. These could include construction waste, solid and liquid chemicals and municipal waste or discarded remnants from rehabilitation activities. Visual. Development of infrastructure and clearing during construction may be a source of visual related impacts especially through scarring of landscapes. During operations, visual intrusion of infrastructure on the sense of place may be seen as a negative impact at the local level. Worker health and safety. Occupational health and safety for the workers during construction is likely to be a concern, especially without appropriate protective equipment and training; and proper precautions or use of inadequate equipment and poorly maintained machines which could result in accidents that may result in loss of life, limbs, injuries among others. Poor worker conditions associated with air, solid and liquid pollution or long hours of work also pose a risk to health and safety. 6.2.2 Social Public and community health and safety. There is a potential risk that the construction process as well as increased number of rangers could risk increase in HIV/AIDS prevalence, or incidents of GBV, SEA, SH, including but not limited to officers using weapons in non-sanctioned manner. Increase in risk of sexually transmitted diseases as well as transmission of COVID-19, due to influx of migrant workers; solid waste and effluent discharge from construction camps and risk of increase in vectors of schistosomiasis due to stagnant water associated with construction works/borrow pits, etc. There may be community health and safety related impacts during construction or associated with specific community investments, and increased number of rangers, including risk of increased GBV/SEA. Specific risks of GBV/SEA measures will be put in place to mitigate and manage any risks of incidents and the strict weapons control measures required under South African law and associated ECPTA policies and procedures will be maintained. These security procedures are outlined in the ESMF prepared for the project that was reviewed and cleared by the World Bank. Additionally, a Security Management Plan was prepared and cleared by the Bank. There may be minor community health and safety related impacts during construction or associated with specific community investments, including risk of increased GBV/SEA. Specific risks of Page | 58 Environmental and Social Management Plan - ESMP GBV/SEA will be considered in subsequent ESMP’s, and measures will be put in place to mitigate and manage any risks of incidents. Traffic congestion from construction and maintenance could potentially cause disruption of access. The use of construction vehicles and machineries in project sites could cause increased traffic and flow of vehicles resulting in possible traffic safety issues and road inconveniences. Labour influx. The increase in the number of people in a specific Project area or site, especially during construction, has the potential to lead to a number of negative socio- economic impacts, including increased insecurity and community conflicts, increased incidences of transmission of communicable diseases, including HIV/AIDS and COVID-19, increase incidents of GBV/SEA; increased risk of accidents and occupational hazards; and immigration of construction workers and labour force management challenges. However, the Project activities are generally smaller investments that will not require significant labour input and where labour is needed, the Project has an emphasis on engaging local labour wherever possible to have a minimum influx of workers and provide opportunities to local populations. Regardless, all consultants and workers will be required to sign Code of Conducts to encourage respectful behaviour. 6.3 Environmental and Social Management Plan The following section sets out the proposed activities to be undertaken during the lifecycle of the sub-project activities as well as the likely impacts for which mitigation measures are proposed. It furthermore sets out the responsible party for implementing the mitigations. Due to the small scale of the activities, the potential impacts, and risks for the implementation of the sub-project activities are considered to be moderate to low in significance after the implementation of the mitigation measures. For all activities, the CLO will oversee grievance management and ensure that new staff (contractor or GFRNP) are inducted in the Project Code of Conduct, including matters related to GBV/SEA/SH. In additions, the ECPTA/GFRNP policies and procedures for weapons and ammunition will be adhered to at all times, including but not limited to registration, safekeeping and transportation. An estimated cost for the implementation of the mitigation measures in the ESMP is R364 217. 72, It will be the responsibility of the contractor to ensure adequate budget provisions for the implementation of the ESMP as part of the bid submission. Page | 59 Environmental and Social Management Plan - ESMP Table 3: Environmental and Social Management Plan Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) PRE-CONSTRUCTION AND DESIGN REQUIREMENTS Legislation, Non-compliance with Moderate In all instances, the contractor must remain in compliance with Low GFRNR/ Permits and project E&S relevant local and national legislation. Particular attention must be Contractor Agreements requirements paid to the requirements of the South African legal and policy framework, International Environmental and Social Management Requirements and the World Bank Environmental & Social Standards. A Copy of the ESMP must be always kept on site during the construction period. Development Encroachment into Moderate • The developer must ensure that the project is in line with Low ECPTA footprint sensitive areas the objectives of the Management Plan (including the zonation map) of the protected are within which the development will take place. • The preferred areas should be screened using the screening tool in the ESMF for any potential ineligible activities and significant environmental and social impacts. • The development footprint must be mapped and clearly demarcated. • Areas outside the construction footprint must be marked as No-Go areas wherein no development must take place. • Prior to commencement of any work, areas intended for clearance must be inspected by an ecologist to confirm the occurrence of Red Data Book Species. • Appropriate measures such as relocation, demarcation, conservation / preservation must be actioned for any identified ecologically “sensitive” and/or protected species and areas. This must be done under the supervision of an ecologist. Page | 60 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) Impacts on cultural/ Moderate • No archaeological sites or material may be destroyed, Low ECPTA/ GFRNR heritage features damaged, excavated, altered, defaced, or otherwise disturbed without a permit issue by the Eastern Cape Provincial Heritage Resources Authority. • Any archaeologically sensitive features in close proximity to the development footprint must be pointed out to the contractor and clearly demarcated. Site Disturbance to Fauna Low • The construction laydown area must be established in Low GFRNR/ establishment and Flora appropriate locations prior to the commencement of Contractor construction, preferably within already disturbed areas. • The approved management plans such as Conservation Development Plan/Zonation plan must be consulted for guidance. • Location for the storage of materials, site office, containers and temporal ablution facilities must be selected such that obstruction of movement and visual impacts are avoided. • The footprint of the agreed work areas should be maintained at a bare minimum to minimise the potential ecological impacts. • Disturbed areas must be rehabilitated into their near natural areas. • Site establishment must be approved by the ECO supported by the Environmental Planner, Ecologist, and the Senior Reserve Manager. Equipment and • Contamination • Fuel tanks must meet relevant specifications and be Contractor secured storage of soil and elevated so that leaks may be easily detected. areas water • Material Safety Data Sheets (MSDSs) must be readily resources available on site for all chemicals and hazardous • Fire outbreak substances to be used on site. Where possible the Page | 61 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) available, MSDSs must additionally include information on ecological impacts and measures to minimize negative environmental impacts during accidental releases or escapes. • Choice of location for equipment and storage areas must take into account prevailing winds, watercourses, distances to adjacent land uses, general on – site topography and erodibility of the soil. • Fire prevention facilities must be present at all storage facilities. • In cases of fire, assembly points must be clearly marked, and fire prevention measures implemented by competent personnel • The storage area must be securely fenced and all hazardous substances such as fuel, oils, chemicals, etc., must be stored the Fuel tanks must meet relevant specifications and be elevated so that leaks may be easily detected. • Material Safety Data Sheets (MSDSs) must be readily available on site for all chemicals and hazardous substances to be used on site. Where possible the available, MSDSs must additionally include information on ecological impacts and measures to minimize negative environmental impacts during accidental releases or escapes. • Choice of location for equipment and storage areas must take into account prevailing winds, watercourses, distances to adjacent land uses, general on – site topography and erodibility of the soil. • Fire prevention facilities must be present at all storage facilities. Page | 62 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • In cases of fire, assembly points must be clearly marked, and fire prevention measures implemented by competent personnel • The storage area must be securely fenced and all hazardous substances such as fuel, oils, chemicals, etc., must be stored therein. Drip trays, a thin concrete slab, or a facility with PVC lining, must be installed in such storage areas with a view to prevent soil and water pollution. Access to site • Unintended Moderate • Construction of new temporary access routes is prohibited Low GFRNR/ and movement vegetation clearance • Access routes must be clearly defined with white Contractor as a result of offroad stakes/painted rocks and disturbance outside these areas driving and must not permitted. trampling • All vehicles must remain within demarcated access routes and working areas on site. • Disruption of • To ensure minimal/no disturbance to ECPTA management operational activities activities, especially for compliance monitoring, all existing at the reserve roads should not be blocked during project implementation phase. • Construction vehicles must strictly adhere to the proclaimed speed limit of 40 km/h, unless otherwise specified. • Construction vehicle movement must be monitored throughout the project lifecycle. • No trees/shrubs/groundcover may be removed, or vegetation stripped without the prior permission of the Senior Reserve Manager/ECO. Page | 63 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) Water supply Exploitation of natural Moderate • No Water Uses as identified in Section 21 of the National Low Contractor during water resources Water Act, Act 36 of 1998 will commence without prior construction approval by the Department of Water and Sanitation. phase • The water source during construction will be agreed upon with the contractor. Contractors shall not make use of/collect water from any source other than those pointed out to them as suitable for use by them. Appointment of Non-compliance with Moderate • The ECPTA will ensure that the environmental and social Low ECPTA/ GFRNR contractor project E&S requirements for the project and sub-project requirements requirements forms part of the procurement documentation. • The ECPTA will evaluate and make sure the preferred contractor has the capacity to manage and mitigate potential environmental and social risks and impacts. Preparation of Non-compliance with Low • The Contractor will be required to prepare Construction Low Contractor Contractors project E&S method statements based on the requirements set out in Documents requirements the ESHS specifications, this ESMP and the applicable Standard Operating Procedures of the GFRNR. The Contractors site specific method statements need to be submitted to the client for review and approval prior to commencement of works. • The following content, not limited to, need to be covered on the method statements: - Location of site access, - Location of equipment and material storage area - Location of waste storage area - Information of provision for potable water and location of temporary ablution facilities etc. • The Contractor or their appointed safety officer must ensure that the Health and Safety Plan, set out in Annex B of Page | 64 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) the ESMP is amended to and adopted for their scope of work. The Health and Safety Plan should be designed to address the following as a minimum: - Identify potential hazards to project workers, particularly those that may be life threatening - Provide preventive and protection measures to avoid or minimize potential hazards and risks - Set out training requirements and specifications for project workers and how training records will be maintained - Process for reporting, investigating, and closing out of occupational health and safety incidents and accidents - Emergency prevention and preparedness and response arrangements that will be adapted for the project to deal with potential emergency situations. - The contractor shall ensure that they prepare the OHS plan based on their scope of work, the Client’s Health and Safety specifications and World Bank Group General Environmental, Health and Safety Specifications. Provision of Labour influx Moderate • Employment must be managed by selecting suitable Low Contractor appointment of Racial and gender employees according to a selection system that ensures labour and discrimination transparent recruitment from local, impacted communities. labour Child labour • Local employment opportunities should be maximised, management Social Conflict with appropriate skill transfers from outside or migrant workers onto local workers. • Applicable legislative requirements related to labour and working conditions, non-discrimination, and equal opportunity. • Maintain records of workers, including terms of engagement, gender, and age. Page | 65 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • Labour management requirements will be communicated to employees during the Environmental and Social Awareness Induction in order to enhance understanding on labour recruitment/ management legislation that has bearing on the recruitment and working conditions. This will be undertaken prior to activity commencement and periodically during project implementation/life cycle. • Employees will acknowledge receipt of training as an indication of one’s understanding of labour requirements and obligation/ adherence required thereto. • The Contractor will establish and follow a strict policy to prevent GBV, SH/SEA among and by project workers • Contractor must establish a worker grievance mechanism for project workers to report and settle worker grievances and complaints. Workers must be made aware of the project grievance mechanism. • The Contractor is responsible for all subcontractor compliance with the above requirements Environmental Non-conformance with Moderate • The contractor will ensure that all site personnel receive Low Contractor / and Social E&S requirements and the environmental and social induction training and have a ECPTA/ GFRNR Induction poor implementation basic understanding thereof. Training thereof. • Conduct constituting non-conformance and consequences thereof will be clearly communicated. • All site personnel will be required to familiarise themselves with the contents of this ESMP and other relevant project environmental and social instruments. Copies of the ESMP will be available on site for access by all individuals. Premobilization Destruction of Moderate • The reserve management will hand over the construction Low ECPTA/ GFRNR sensitive habitats/ site to the contractor and will provide clear information and Vegetation loss rules on access roads to be used, construction lay-down areas, Page | 66 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) Site handover, materials storage and delivery requirements, contractors’ material delivery offices, operational demarcation etc. and laydown • Construction material shall only be stored on demarcated sites. Storage/ stockpiling of material outside demarcated areas shall not be permitted. • Earthmoving equipment and vehicles should be inspected and serviced regularly to allow for timeous identification of fluid leaks. • Drip trays must be placed under all stationary vehicles or machinery to contain spillage. Access, Health and Safety due Low • Movement of construction crew must be limited within the Low Contractor/ movement and to encounters with construction footprint and immediate surrounds wherein GFRNR visibility of wild animals entry is permitted. Contractor Security risk • Permission must be sought from the Senior Reserve workers Manager prior to the movement of staff and/ or equipment outside the boundaries of the agreed work areas. • Construction crew must be easily identifiable by uniform clothing. • Access shall only be granted to the site during normal working hours (08:00-17:00) Mondays – Fridays, unless specified. CONSTRUCTION PHASE Access and Destruction of Low • Access shall only be granted to the site during normal Low Contractor/ movement of sensitive habitats/ working hours (08:00 – 17:00) Mondays – Fridays, unless ECPTA/ GFRNR contractors Vegetation loss specified. (Access Roads) • Use of exiting access road must be encouraged to avoid unnecessary clearance of vegetation and offroad driving. Page | 67 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • All personnel shall be off site by gate closing times unless permission was granted by the Senior Reserve Manager to remain on site and provided for as part of the contract. • Work areas and access routes must be clearly demarcated; no work must be permitted outside the demarcated areas. • All vehicles must remain within demarcated access routes and working areas on site. • To ensure no disturbance to ECPTA management activities, especially for compliance monitoring, all existing roads should not be blocked during the project. • The proclaimed speed limit of 40 km/h, unless otherwise specified, must be strictly adhered to. • Upon completion of the project, the Contractor (if appointed) or Senior Reserve Manager must ensure that the access roads are rehabilitated to approximate their natural state. • For roads that restrict two-way traffic movement, passing bays are to be used as specified by the reserve management to prevent access / detours into the surrounding areas and offroad driving. Establishing a Destruction of Moderately • The contractor laydown area must be established in an area Moderate Contractor contractor vegetation High agreed upon with the reserve management. material • Selection of the laydown area must ensure that pathways laydown camp are not obstructed and minimal visual impacts. • Material stockpiles or stacks must be stable and well secured to avoid collapse and possible injury to site workers / local residents. • The contractor will be required to prepare a decommissioning and re-instatement plan/ method statement as part of the site specific ESMP Page | 68 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • Appropriate signage (Prohibiting litter/ labelling storage areas/ prohibiting conduct that constitute non- conformance with the environmental and social requirements etc.) must be erected on site. Establishment of Soil and surface water Moderate Low Contractor/ contractors pollution • Only portable chemical toilets with a sealed reservoir will ECPTA/ GFRNR camp – be allowed on site; these must be made available to all staff Management of and be no closer than 50 m from any water course. Effluent • The capacity of the reservoirs in the portable chemical toilets must be monitored on a daily basis to ensure that they can be serviced timeously. • All removal of the collected sewage waste from the portable chemical toilets must be conducted regularly by a registered service provider for disposal at a municipal wastewater treatment facility. • Chemical toilets must be placed at reasonably accessible areas within easy walking distance of the workers. Toilet/s must be serviced at least once a week by a registered company. Toilet paper must be supplied, and the toilet/s and area around them is to be always kept hygienically clean. • Such facilities must comply with local authority regulations and their use must be strictly enforced. • These facilities must be placed on an impermeable surface to ensure that the ground surface/soil is not contaminated in any way. Care must be taken to avoid contamination of soils and water, pollution, and nuisance to adjoining areas. The construction of long drop toilets is forbidden. Page | 69 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) Establishment of • Soil and surface Moderately • Bins and/or skips must be provided at convenient intervals Moderate Contractor contractor’s water pollution High for disposal of waste within the construction camp. camp – • Visual impact • Individual skips for different types of waste (e.g., Management of ‘household’ type refuse, building rubble, etc.) must be waste provided. The refuge must be stored in separate receptacles for various types of waste and workers must be encouraged to use them as per designated type of waste. • Proposed method of waste handling, storage and disposal must be confirmed and agreed upon with the ECO and the Contractor. • All waste and excessive material must be removed from the site and disposed of at the nearest landfill site and waybills must be kept for proof of disposal. • Construction rubble must be disposed of in pre-agreed designated spoil dumps outside the reserve. • Hazardous waste disposal must be carried out by an approved waste Contractor and waybills kept for proof of disposal. • The excavation and use of rubbish pits on site are forbidden and the burning of waste is forbidden. • No waste shall be retained on site for a period exceeding 14 days. Waste containers must be emptied frequently to avoid rodents, insects or any other organisms accumulating on the site. Establishment of ▪ Soil and surface Moderate • Hazardous waste disposal must be carried out by an Low Contractor contractor’s water pollution approved waste Contractor and waybills kept for proof of camp – Storage ▪ Fire hazards disposal. of Hazardous ▪ Health and safety • Fuel tanks must meet relevant specifications and be substances risks elevated so that leaks may be easily detected. Page | 70 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) ▪ Animal deaths • Hazard signs indicating the nature of the stored materials shall be displayed on the storage facility or containment structure. • Hazardous waste must be handled by competent personnel with correct and appropriate personal protective clothing. • The contractor must supply sufficient fire-fighting equipment in event of an accident and strictly no smoking will be allowed where fuel is stored and used. • Hazardous substances storage area must be out of reach of animals. • Spillages must be contained immediately and disposed of accordingly. Clearing of • Loss of habitat Moderate • Care shall be taken to preserve all vegetation in the Low Contractor/ vegetation • Destruction of immediate area of temporary stockpiles. ECPTA/ GFRNR sensitive • Harvesting of firewood is prohibited. species • All incidents of harm to any animal or natural vegetation must be reported to the Senior Reserve Manager. • Care must be taken to avoid the introduction of alien plant species to the site and surrounding areas. • The Contractor may not deface, paint or otherwise mark and / or damage natural features / vegetation on the site, unless agreed beforehand with the reserve management. Any features / vegetation defaced by the Contractor will be restored to the satisfaction of the senior reserve manager. • Cleared vegetation must be repurposed and or donated to communities for desired use. Page | 71 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) Interaction with • Habitat Moderately • Construction and/or maintenance activities shall be Moderate Contractor/ animals destruction High confined to demarcated areas to avoid accidental injury of GFRNR • Animal deaths animals. • No animals, including mammals, birds, snakes, and invertebrates may be harmed or killed. • Trapping, poisoning and/or shooting of animals is strictly forbidden. • No domestic pets or livestock are permitted on site. • Restrict access to site for any animal through assembly of gates, fences etc. to avoid injury to animals. • Reduce speed on roads (max 40km/h, unless otherwise specified) to avoid injury of animals present in the vicinity. • Stealing of animals is a criminal offence and is forbidden. • To avoid injury of any animal and breeding habitats, sites to be cleared need to be inspected and transferable animals moved from the site to a new and benign location. • Care must be taken where project activities occur around breeding areas to avoid any negative impacts. Nests must also be carefully moved if found on trees envisaged for pruning. Management of • Siltation of water Low • No soil (for construction purposes) will be sourced from Low Contractor soil and spoils courses the watercourse. material • Stockpiles should ideally be located to create the least visual impact and must be maintained to avoid erosion of the material and contamination of surrounding environment. • Stockpiles and storage areas should be demarcated in areas already disturbed or where disturbance will be minimal. Page | 72 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • The location of spoil stockpile sites shall be agreed upon with the reserve management prior to the onset of any operations that will generate spoil materials. No spoil material shall be dumped outside the Nature Reserve. All waste should be disposed a registered landfill site. Proof of disposal should be provided to the Senior Reserve Manager for record purposes. Soil and site • Siltation of Low • Storm water control must be undertaken to prevent soil Low Contractor protection from surrounding areas loss from the site. erosion • Erosion and gully • Erosion control measures must be implemented during formation construction and operational phases in areas sensitive to • Siltation of erosion such as near water supply points, edges of slopes watercourses etc. • Vegetation • The construction area and immediate surrounds must be degradation inspected continuously to check occurrence of erosion. If occurring, control measures, to the satisfaction of the reserve management must be implemented to prevent further spread. • Measures shall be taken to protect all areas susceptible to erosion. • Note that specifics of erosion protection work will vary from situation to situation. Specifics should be cleared with the Senior Reserve Manager and/or the Environmental Planner and comply with the contract specifications. • Where required, cut-off Stormwater management procedures, to the satisfaction of the ECO, should be put in place to control runoff and prevent erosion. Page | 73 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) Management of Erosion Low • To prevent storm water damage, the increase in storm Low Contractor Stormwater run- Siltation of water run - off resulting from the construction activities off watercourses must be estimated prior to construction and a storm water Environmental management plan must include specification for degradation temporary storm water drainage structures. • Temporary cut-off drains and berms may be required to capture stormwater and promote infiltration during construction. • The storm water drainage system must not be contaminated by other waste sources and must therefore be separated from other wastewater drainage systems. • Drainage must be controlled to ensure that runoff from the site will not culminate in off-site pollution or cause water damage to properties/ infrastructure further down from the site. Stockpiling, Visual/ Aesthetic Moderate • All residual stockpiles must be removed to spoil or spread Low Contractor Handling and impact on site as directed by the reserve management. storage of Health and Safety Risk • All excess building materials must be removed from the building material Security site. All construction rubble must be removed from the site and disposed of at a licensed waste disposal. The Contractor responsible for the removal of rubble/ waste must supply a certificate indicating safe disposal of such rubble at a permitted waste disposal site. • All stockpiles must be kept free of weeds and invasive alien plants. • All stockpiles must be secured with sandbags around the base of the soil stockpile if at risk of being eroded. • All stockpiles must be established outside the 32m buffer of all watercourses and on flat ground. Page | 74 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • Material stockpiles or stacks, such as pipes must be stable and well secured to avoid collapse and possible injury to site workers / residents. • Storage areas must be secured so as to minimize the risk of crime. Refuelling and Soil and groundwater Moderate • Mixing and/or decanting of all chemicals and hazardous Low Contractor maintenance of pollution substances must take place on a tray, shutter boards or on construction Fire risk an impermeable surface. equipment • Drip trays should be utilised at all dispensing areas. • A chemical spill kit must be present onsite at all times and once used it must be disposed of at a registered hazardous landfill site. • Fire prevention facilities must be present at all storage facilities. • In cases of fire, assembly points must be clearly marked, and fire prevention measures implemented by competent personnel. Management of Visual Impacts Moderate • Bins and/or skips must be provided at convenient intervals Low Contractor waste during for disposal of waste within the construction camp. construction • Proposed method of waste handling, storage and disposal - Solid Waste must be developed for approval by the Environmental Planner. • All waste and excessive material must be removed from the site and disposed of at the nearest landfill site and waybills kept for proof of disposal. • The excavation and use of rubbish pits on site are forbidden. • The burning of waste is forbidden. Page | 75 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) Management of Contamination of soil Moderately • A comprehensive spills contingency plan must be put in Low Contractor waste during and groundwater High place so as to ensure that proper steps are followed with construction regards to the spills. The spills must be managed by the - Liquid Waste following procedure: • Stop the source of the spill • Contain the spill • If significant, spill must be reported to relevant authorities. • Remove the spilled product for treatment or authorized disposal. • Determine the extent of contamination and impacts • Remedial action must be taken in consultation with the reserve management • The incident must be documented. • Ready mix concrete must be used where possible and no vehicles transporting concrete, asphalt or any other contaminating products to the site may be washed on site. • Concrete/Cement mixing must be restricted to hardened surfaces and mixing mats within the construction zone. It must take place on plastic liners where proper mats cannot be acquired to avoid contamination of soil. • Cleaning of cement mixing and handling equipment must only be done using proper cleaning trays. • All excess cement and concrete are to be contained on the construction site prior to disposal off site in a suitable landfill and waybills kept for proof of disposal. Management of Soil and Groundwater Moderate • Fuel tanks must meet relevant specifications and be Low Contractor hazardous contamination elevated so that leaks may be easily detected. materials Health hazard • Choice of location for equipment and storage areas must resulting from consider prevailing winds, watercourses, distances to Page | 76 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) exposure to hazardous adjacent land uses, general on – site topography and material erodibility of the soil. • Staff dealing with hazardous materials must be aware of their potential impacts and follow the appropriate safety measures. The Contractor must ensure that the construction crew is aware of the health risks associated with any hazardous substances used and has been provided with the appropriate protective clothing/equipment in case of spillages or accidents and have received the adequate training. • Concrete and cement preparation activities shall not be permitted in any sensitive environments and no mixing shall be allowed on bare soil / permeable ground surfaces. • Mixing activities must take place on an impermeable surface and the mixing area should be bunded to contain any liquids to prevent contamination of soil and storm water. • Used cement bags shall be collected and stored in containers to prevent wind-blown cement dust and water contamination. • The re-use of discarded cement bags on site is forbidden. • Water from concrete washing must either be re-used in concrete mixes or must be stored in drums, then removed from the site and disposed of at a licensed municipal dump site. Fire Prevention Fire Moderate • Fire prevention facilities must be present at all storage Low Contractor Death facilities. Habitat destruction Air Pollution Page | 77 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • In cases of fire, assembly points must be clearly marked, and fire prevention measures implemented by competent personnel. • The contractor must establish assembly points at regular and reasonable intervals along the construction stretch for linear projects. These must be clearly labelled and within reach by the construction crew. • Smoking may only take place at a designated smoking area. • No open fires for heating or cooking will be permitted on site, unless otherwise agreed and then only in designated areas. Construction Air Emissions Moderate • Diesel exhaust emissions from heavy machinery on site Low Contractor activities such as (excavators, front end loaders and hauling trucks) must be clearing, controlled and minimised by regular checks and servicing building etc of vehicles. • Any construction vehicles found to be emitting excessive smoke should be stopped from operations for some mechanical attention before it could continue. • Precautions should be taken, to the satisfaction of the reserve management, to limit the production of dust. • All dust control measures should be in accordance with the National Dust Control Regulations in terms of the National Environmental Management: Air Quality Act (Act 39 of 2004). • Generation of dust shall be minimised, and dust nuisance shall be kept to a minimum wherever possible. Page | 78 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • Dust from exposed soil surfaces shall be minimised at all times, using appropriate dust suppression measures during very windy conditions. • Reasonable measures must be undertaken to ensure that any exposed areas and material stockpiles are adequately protected against the wind. • Dust screens of a suitable height should be erected wherever required and possible. • All exposed surfaces should be minimised in terms of duration of exposure to wind and storm water. Noise Low • Mitigation of this impact is difficult, but noise reduction Low Contractor measures should be implemented in all sensitive areas (e.g., adjacent to the streams) at sensitive times (e.g., at night). • No construction activities may take place between sunset and sunrise. • Machinery that generates noise must be regularly maintained to ensure that no unnecessary additional noise is produced. • Construction activities must abide by the national noise laws and the municipal noise by-laws regarding the abatement of noise caused by mechanical equipment. In the absence of bylaws, national regulations on noise control must be complied with. • The contractor shall institute noise control measures throughout the construction phase for all applicable activities, including the construction times. • Select vehicle routes carefully at selected intervals to avoid excessive disturbances to the surrounding community • Where possible, fit efficient silencers and enclose engine compartments in plant vehicles Page | 79 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • Reduce noise at source by damping acoustic treatment, etc. • Carefully select fixed plant site for remoteness from sensitive areas • Raise barriers or berms around noisy equipment • Ensure that the construction vehicles are under the control of competent personnel and are in proper working order Visual impacts Moderate • Security lighting must be placed such that it is not a Low Contractor Loss of sense of place nuisance to residents and visitors to the reserve. • Shields may be required to prevent lights from being visible from other parts of the PA. • Care will be taken when positioning the lights to ensure the least visual impact, while still providing a safe work environment for employees. • Type of lights to be determined. Should construction activities be visible to tourists, clear signage must be erected to inform the tourists of the ongoing activity. Contractor to erect signage as required. • No painting or marking of natural features shall take place. Marking for surveying and other purposes shall only be done with pegs and beacons. Weed control Soil and ground water Moderate • Manual eradication of weeds must be encouraged. Low Contractor measures pollution • Weed control measures must comply with Conservation of Loss of biodiversity Agricultural Resources Act (CARA), Act 43 of 1983 and Occupational Health and Safety Regulations. • Written approval should be obtained prior to the use of chemicals to control weeds and pests. • A register shall be kept of all herbicides and pesticides that are administrated. Should a specific chemical be used then it should be done by the approval from a qualified expert. Page | 80 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) Fence repairs Occupational health Low • Prepare a Contractors Occupational Health and Safety Plan Low Contractor and maintenance and Safety in line with the requirements set out in Annex B to identify including - Hand injuries and mitigate risks associated with the securing of poles, securing fence - Electrical re-tensioning of the fence, replacement of strands and poles, re- shock energizers and installation of solar panels. tensioning or • When using cement to secure fence poles, ensure to follow replacement of the mitigation measures provided for in “Management of strands, and hazardous substances” in this ESMP. reestablishment • Ensure only qualified and trained personnel installs and of damaged or connects electrical fittings, and that a Certificate of missing Compliance are issued upon completion of works. energizers and • Enforce the use of correct PPE namely hand protection solar panels (gloves) when undertaking maintenance works. POST CONSTRUCTION DECOMMISSIONING Post Low • The contractor and the reserve management must inspect Low construction the construction area and the immediate surrounds to planning identify areas that require rehabilitation. • Where required, the contractor must develop a method statement clearly defining methods to implement to rehabilitate the disturbed areas to approximate the natural states. • Method statements must be approved by the reserve management prior to implementation. • Areas that cannot be rehabilitated to their natural states must be rehabilitated to achieve a near natural state and to the satisfaction of the reserve management. • Rehabilitated areas must be inspected at intervals agreed upon with the reserve management. Rehabilitation Low • Rehabilitation must be done in accordance with the Positive approved method statement. Page | 81 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • Surfaces are to be checked for waste products from activities such as concreting or asphalting and cleared in a manner approved by the reserve management. • Rehabilitation must be executed in such a manner that surface run-off will not cause erosion of disturbed areas during and following rehabilitation. • All surfaces hardened due to construction activities are to be ripped and imported material thereon removed. • All rubble is to be removed from the site to an approved disposal site as approved by the reserve management. Burying of rubble on site is prohibited. • Contractor is to check that all storm water channels and watercourses are free from building rubble, spoil materials and waste materials. • The Contractors’ camp sites must be rehabilitated to its pre- establishment condition or agreed alternative. All disturbed areas should be fully rehabilitated. • When landscaping and rehabilitating only consider indigenous plants from the area where the PA is located. • The final list of indigenous plants should be approved by the relevant Ecologist and Senior Reserve Manager. • Monitoring phase to be determined on a case-by-case basis. • ECPTA shall issue the completion certificate and pay the outstanding amount to the contractor upon complete implementation of the rehabilitation plan. OPERATIONAL AND MAINTENANCE PHASE Maintenance and Soil and ground water Low • Fire breaks should be maintained at regular intervals. Low ECPTA/ GFRNR Repairs to pollution Visual impacts Page | 82 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) structure and • Fire extinguishers and hydrants shall be in place and easily infrastructure accessible. All staff shall receive adequate training on the operation of fire fighting equipment in the event of fire. • All surfaces should be painted with natural low tone colours. • Water leaks should be reported and repaired in the shortest possible timeframe. • All stormwater infrastructure must be maintained and kept in a functional state. Workshop • No fire must be established within and in close proximity GFRNR to the workshop area. • All hazardous material shall be labelled accordingly with appropriate signage indicating flammability of substances and prohibited conduct thereon. • Access to the workshop area shall be ensured and records of access kept. • All spills must be recorded, regardless of significance and cleaned up. Contaminated soil must be regarded as such and disposed of appropriately. • All used oil, lubricants, fuel, greases etc., must be disposed of at an approved disposal site. Proof of safe waste disposal must be filed. DECOMMISSIONING Demolition of Air emissions (Noise, Low • Remove all building material and rubble from site including Low ECPTA/ GFRNR infrastructure Dust) found Remove all building material and rubble from site Spillage including foundations • The workshop area and storage tanks must be demolished with care and in a manner that avoids spillage and contamination of soil. Page | 83 Environmental and Social Management Plan - ESMP Sub-project Impact Significant Mitigation measures Significance Responsible activity rating rating (after party (prior to mitigations) mitigation) • The spill response equipment shall be made available throughout the decommissioning phase in order that spill may be dealt with immediately. • Contaminated soil must be treated accordingly and disposed of appropriately. Safe waste disposal certificates must be filed. Levelling and re- Dust Low • After all building rubble and infrastructure have been Positive ECPTA/ GFRNR instatement of removed the area should be levelled and re-instated with footprint natural occurring vegetation. • The re-instatement of vegetation should be monitored by the ECPTA ecologist until they are satisfied with the level of re-instatement 6.4 Environmental and Social Monitoring The following table sets out the monitoring indicators, responsible party and frequency of monitoring that will be undertaken during the implementation of the sub-project activities. Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring Impact on Screening conducted Number of screening reports Screening Reports Full project GFRNR Weekly by the sensitive prior to construction available (Target 100%) cycle Reserve Manager habitats Checklist Photographic records in Inspection reports place Number of environmental incidents related to habitat Page | 84 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring destruction outside demarcated areas Visual Grievance records No visual impact Warning Construction Contractors Daily impacts and signs/notices in impacts on Regular site inspection place recreation Site cordoned off/ screening provided Occupational Health and safety file Number and significance of Monthly review of Full project Contractors Daily by health & incidents incident and cycle Contractor safety, staff Health and safety grievance records ECPTA HS officer management incident register Percentage of grievances Monthly by resolved Training records ECPTA GFRNR and Grievance records Community Community Number of inspections PPE records Liaison Officer Liaison Officer Trainings conducted completed Risk assessments PPE procured and in use Training attendance records (Target 100%) Audit reports Compliance with PPE use Percentage of CoC signed (Target 100%) Labour Local community Percentage of community Contractor HR Full project ECPTA Monthly by related residents employed in members engaged out of the records cycle Community ECPTA impacts sub projects total number of jobs created Liaison Officer Community Employment Liaison Officer Employment records Number of employee records records Contractors Gender composition of available and age confirmed Weekly by workforce (Target 100%) Worker grievance contractor mechanism reports Page | 85 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring Worker grievance Number of female workers vs Reports on non- mechanism for project the number of male workers compliance with workers to rase CoC workplace concerns Percentage of worker grievances resolved SEA/SH/GBV awareness training Number of workers trained on SEA/SH/GBV awareness Grievances Number of project grievances Code of Conduct (CoC) for related to labour workers Number of SEA/SH/GBV related incidents Number of CoC sensitization sessions held among workers Percentage of workers signing CoC (Target 100%) Community Community Health and Number and significance of Monthly review of Full project Contractors Daily by Health and Safety Register incidents incident and cycle Contractor Safety grievance records GFRNR HS officer Records of grievances Percentage of grievances Community Monthly by submitted by local resolved Local Community Liaison Officer ECPTA community members SEA/SH/GBV and Community communicable ECPTA Liaison Officers Training/sensitization of Local community sensitization disease and related Community local communities in attendance records (Target project impact Liaison Officer relation to project 100%) sensitization impacts, including records regarding SEA/SH/GBV, and transmission of Page | 86 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring HIV/AIDs, COVID-19 and Percentage of CoC signed Risk assessments other communicable (Target 100%) diseases Waste Waste bins on site Inspection Construction Contractor Daily by management Number of workers familiar Contractor Waste disposal plan and and aware of the waste Operation ECPTA training of workers disposal plan at the Environmental Weekly by the construction sites Planner Reserve Manager Working sites and eating areas are maintained in a clean, hygienic and orderly state Number of non-conformances related to improper waste management Water Visibility of Daily self-checks Construction Senior Reserve Daily by pollution/sedimentation by contractors Manager Contractor on water bodies Number of incidents related to spillage into water bodies Periodic reports on Operation Contractor Weekly by GFRNR performance by On site erosion not Number of non-conformances contractor to observed raised for erosion control project engineers issues Proposed actions Number of complaints on Spot checks/audits implemented pollution of water by the environmental planner Laboratory reports Dust and air Availability of equipment Number of incidents related to Independent check Construction Contractor Daily by pollution and machinery generation of fugitive dust by project Contractor maintenance plan engineers Page | 87 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring Correct utilization of personal Frequency of watering of protective equipment Verification of surfaces to reduce dust maintenance related impacts Number of vehicles/ record by project machineries emitting engineers Use of corrective pollutants Self-check by personal protective contractor equipment to avoid Records of dust suppressing inhalation of dust not exercise Noise Recorded grievances Number of workers correctly Self-check by Construction Contractor Weekly by and frequently using PPEs contractor contractor Number of PPE procured for noise mitigation Number of noise complaints Traffic Traffic incident records Number of drivers aware and Driver licenses Construction Contractor Weekly by impacts familiar with GFRNR traffic verified Contractor Grievances Recorded rules Operation GFRNR HS Officer Grievance registers Monthly by Percentage of drivers who have GFRNR HS Officer not committed a traffic offence for the last 6 months Number of compliance (traffic) inspection and checks conducted by traffic department found to be satisfactory Number of grievances related to traffic incidences Soil and Site management records Number of Incidents logged Monthly checks Construction Contractor Daily by erosion Contractor Inspection reports GFRNR Reserve Manager Page | 88 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring Monthly by GFRNR Reserve Manager Material Records of license/ Number of records available Material Records Construction Contractor Daily by handling and permits of material indicating material obtained Contractor storage sources from commercial and licensed Inspection reports GFRNR Reserve sources (Target 100 percent) Manager Monthly by Storage of materials on GFRNR Reserve site Number of non-conformances Manager with material management Impact on Wildlife incidents Number of wildlife incidents / Inspection records Construction GFRNR ecologist Weekly by GFRNR fauna and recorded and reported to incursions into no-go areas Reserve Manager Reserve Manager flora the Reserve Manager Audit reports Contractor Daily by Number of workers trained on Operation Contractor the importance of conservation Incident reports of flora and fauna Incident registers Impacts on Cultural/ archaeological Number of workers familiar Chance finds Preconstruction Contractor Daily by cultural resources/ existing with the chance find procedure and Contractor heritage/ infrastructure encounter procedures construction ECPTA archaeological incidence register Incident reports and repairs/ Monthly by interest Number of incidents related to recovery GFRNR Reserve GFRNR cultural heritage reported Manager GFRNR Officer Fire Worker and contractor Number of accidental fires (0 Site management Full project GFRNR Reserve Monthly by management instructions target) cycle Manager GFRNR Fire extinguishers and Construction Contractor hydrants inspection Page | 89 Environmental and Social Management Plan - ESMP Impact issue Monitoring indicators Monitoring indicators Verification Project stage Responsibility Frequency of (Inputs) (Outcomes) monitoring Training of staff on the Number of fire extinguisher in Weekly by use of firefighting place and inspected Contractor equipment Number of fire hydrants Review of designs Impacts on Implementation site Percentage of vegetation cover Site inspection Construction Contractor Weekly by landscape/ restoration plan recovered at inspection Contractor site Self-check by GFRNR Reserve rehabilitation Number of disturbed sites contractor Manager Monthly by successfully restored GFRNR Reserve Manager Site Site management records Number of inspections Site inspection Construction Contractor Monthly by management completed Contractor Closure inspections done Monthly ESHS GFRNR Reserve and site signed off and Number of non-conformances reports Manager Monthly by handed over closed out in time GFRNR GFRNR Reserve Audits Community Manager All incidents reported and Liaison Officer closed on time Closure inspection GFRNR HS Officer checklist All closure inspection and checklists complete. Page | 90 Environmental and Social Management Plan - ESMP 6.4.1 Monitoring and Reporting Monitoring will be undertaken by the Contractor and by GFRNR as specified in Section 6.4. The purpose of monitoring is to measure that the mitigation measures proposed in Section 6.3 are effectively implemented, and to determine whether the mitigation measures are adequate to address adverse environmental and social impacts or require revision. Specific monitoring indicators have been provided in Section 6.4 against which the success of implementing the mitigation measures will be determined. In addition to the monitoring requirements, the GFRNR will regularly conduct inspections and audits to determine and document the overall environmental and social performance of the contractors. An inspection form will be drawn up based on the site-specific implementation requirements set out in Section 6.3 and reported upon using the following, or similar format. Project Activity PA Construction Inspection time stage Inspection date Weather Inspected by Inspection items Implemented Yes No N/A Remarks10 (Prefill table with required actions, i.e., environmental management training) The Contractors EHS officer will produce a monthly and final report to GFRNR for each section under their responsibility. GFRNR will in turn use information from the contractor’s report to compile and submit biannual progress reports on the environmental and social performance of the implementation of the sub-project activity to the World Bank. 10Specify location, good practices, problem observed, possible cause of non-compliance and/ or proposed corrective actions) Page | 91 Environmental and Social Management Plan - ESMP The monthly reports to be prepared by the contractor will include the following as a minimum: a) Environmental Performance ▪ Number of environmental incidents recorded during the reporting period ▪ Summary of water usage and waste disposed for the reporting period ▪ Register of animal encounters / animals removed from site during the reporting period ▪ Number of environmental awareness sessions conducted during the reporting period b) Occupational health and safety ▪ Total number of the health and safety incidents. ▪ Risk assessments: risks identified and attended to. ▪ Number of Lost time injuries (LTIs) ▪ Number of medical treatment cases/ fatalities ▪ Number of Property damages recorded ▪ Disabling Injury Frequency Rate (DIFR) and Disabling Injury Severity Rate (DISR). ▪ Number of inspections completed, deviations noted and correction measures. c) Social Performance ▪ Total number of labourers appointed during the reporting period and gender composition ▪ Number of persons from local communities hired for project work out of total number of persons hired during the reporting period ▪ Number of project-related grievances, including breakdown of number opened, closed, and pending during the reporting period ▪ Number of grievances submitted by project workers through the project worker grievance mechanism, including breakdown of number opened, closed, and pending during the reporting period ▪ Number of SEA/SH/GBV complaints submitted, including breakdown of number opened, closed, and pending during the reporting period ▪ Number of SEA/SH/GBV awareness sessions conducted during the reporting period ▪ Number of workers (out of total number employed/engaged for the project) who have signed the Code of Conduct during the reporting period. Page | 92 Environmental and Social Management Plan - ESMP 7. TRAINING AND AWARENESS SESSION The senior reserve manager must be fully conversant with the contractual obligations of the contractor and requirements set out in the ESMP in order to facilitate training of the appointed contractors. The GFRNR personnel must ensure that all relevant environmental legislation and environmental and social documentation, such as this ESMP, form part of the bidding documents, and form a legally binding component of the contract. All contractors and their associated subcontractor employees involved in the infrastructure development and upgrades in the GFRNR will undergo a training and awareness programme on environmental and social management as part of the project induction. Induction will be given to all contractor’s employees before commencing with any construction or renovation activities under this sub-project. Ongoing topic specific training such as the OHS requirements, dangers of and rules for working in a PA, and focus specific sensitization awareness sessions, such as sessions on awareness regarding communicable diseases including HIV/AIDS and COVID-19, GVB/SEA/SH and awareness on the worker Code of Conduct, will be conducted by the GFRNR and contractor’s HSE Officer. As part of the contractors HSE file, the contractor will prepare a matrix indicating the type of training/ training topics and frequency of delivery for the duration of the sub- project construction phase. The contractor will further discuss activity specific risks and undertake a toolbox talk on good environmental and social practices on at least a weekly basis. Training courses will take language, cultural and educational levels into consideration. In particular, if in the unlikely event illiterate labour is appointed, by the contractor, the training material will be required to be developed in a manner understandable to these workers such as extensive use of signage such as pictures, logos, drawings, etc. The induction and ongoing training programmes must highlight the importance of incident reporting and completion of appropriate reports, channels of communication for reporting environmental, social, health and safety, including worker grievances and cases of GBV/SEA/SH project related issues and compliance with both the World Bank ESF and the National legislative requirements applicable to the sub-project activities. The estimated cost is R72 843. 54. The range of topics that need to be covered in the contractor awareness training sessions will, include: ➢ Training on the ECPTA/ GFRNR Environmental, Health and Safety and Social Policies, ➢ Training on community health and safety, including preventing transmission of communicable diseases such as HIV/AIDS and COVID-19, between project workers/personnel and local communities preventing and addressing the risk of SEA/SH due to interactions between project personnel and local communities. ➢ Training on labour and working conditions, including but not limited to, the requirements of the CoC prepared for the project, child labour, forced labour and trafficking in persons, employment discrimination, terms, and conditions of employment as set out in Annex A including working hours and wages, occupational health and safety requirements for the project, preventing Page | 93 Environmental and Social Management Plan - ESMP transmission of COVID-19 and other communicable diseases among project workers, and workplace sexual harassment. ➢ Aspects of routine day-to-day construction and renovation activities, including OHS and environmental risks and impacts associated with these activities. ➢ Environmental and safety hazards, which could arise from non-routine situations and corrective actions. ➢ The importance of reporting incident immediately to the supervision on site ➢ Emergency Preparedness and Response measures applicable to the works areas. ➢ Grievance mechanism (catering for both community and worker grievance mechanisms, including for SEA/SH complaints). and reporting OHS issues. ➢ Responsibilities under the applicable legislation. ➢ Adherence to the Chance Find procedure should sites of archaeological interest be encountered or unearthed during the construction phase. Page | 94 Environmental and Social Management Plan - ESMP Annex A - Labour Management ESS2 (Labour and Working Conditions) requires the borrower to develop and implement a written Labour Management Procedure (LMP) applicable to a project, which sets out the way in which project workers will be managed, in accordance with the requirements of national laws and ESS 2. CHARACTERISATION OF PROJECT WORKERS According to ESS2, project workers are characterised as follows: • Direct workers - People employed or engaged directly by the Borrower (including the project proponent and the project implementing agencies) to work specifically in relation to the project. • Contracted workers - People employed or engaged through third parties to perform work related to core functions of the project, regardless of location. • Primary supply workers - People employed or engaged by the Borrower’s primary suppliers. • Community workers - people employed or engaged in providing community labour. • Government workers - People employed on a regular basis by the government, often considered civil servants. The South African legislative framework and regulation provide protection for workers which is equivalent to protection required in World Bank funded projects. The key relevant aspects to the sub- project activities are: • Occupational Health and Safety • Equality, equity, and fair treatment • Prevention of forced and child labour • Freedom of association • Worker’s grievances REVISION OF THE LABOUR MANAGEMENT PROCEDURE The Labour Management Procedure is a live document and will be updated as required, after regular review and in response to specific needs identified during the preparation and implementation of sub- project activities. OVERVIEW OF LABOUR LEGISLATION In addition to complying with ESS2, the Project needs to adhere to the provisions of South African legislation regarding labour, including the following: Labour Relations Act (Act No.66 of 1995) (LRA) • Gives effect to section 27 of the Constitution • Promote and facilitate collective bargaining at the workplace and at sectoral level • Regulates the right to strike and the recourse to lockout in conformity with the Constitution of the Republic of South Africa • Promotes employee participation in decision-making through the establishment of workplace forums; and • Provides simple procedures for the resolution of labour disputes. Basic Conditions of Employment Act (Act No. 75 of 1997) (BCEA) • Gives effect to the right to fair labour practices referred to in section 23(1) of the Constitution by establishing and making provision for the regulation of basic conditions of employment. Occupational Health and Safety Act (Act No. 85 of 1993) (OHSA) • Provides for the health and safety of persons at work and for the health and safety of persons in connection with the activities of persons at work. Compensation for Occupational Injuries and Diseases Act (Act No. 130 of 1993) (COIDA) Page | 95 Environmental and Social Management Plan - ESMP • Provides for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases. LABOUR LEGISLATION: TERMS OF CONDITIONS A summary of key provisions in the BCEA and LRA regarding the terms and conditions of employment of the project workers follows. This summary is not intended to be exhaustive, but rather lists certain salient requirements. The provisions listed apply to employees who work more than 24 hours a month for an employer. Working hours Ordinary hours of work: • An employer may not require or permit an employee to work more than 45 hours in any week and 9 hours in any day if the employee works for 5 days or fewer in a week or 8 hours in any day if the employee works on more than 5 days in a week. • An employer must pay an employee at least 1.5 times the employee’s wage for overtime worked. Meal intervals: • An employer must give an employee who works continuously for more than 5 hours a meal interval of at least 1 continuous hour. • During a meal interval the employee may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee. Daily and weekly rest period: • An employer must allow an employee a daily rest period of at least 12 consecutive hours between ending and recommencing of work; and a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include Sunday. Night work: • Employees who work at night between 18h00 and 06h00 must be compensated by payment of an allowance or by a reduction of working hours and transport must be made available. • Employees who work regularly after 23:00 and before 06:00 the next day must be informed of any health and safety hazards; and the right to undergo a medical examination. Leave: • An employee can take up to 21 continuous days' annual leave or, by agreement, 1 day for every 17 days worked or 1 hour for every 17 hours worked. Written particulars of employment An employer must supply an employee, when the employee commences employment, with the following particulars in writing: • The full name and address of the employer • The name and occupation of the employee or a brief description of the work for which the employee is employed • The place of work, and, where the employee is required or permitted to work at various places, an indication of this • The date on which the employment began • The employee’s ordinary hours of work and days of work • The employee’s wage or the rate and method of calculating wages • The rate of pay for overtime work • Any other cash payments that the employee is entitled to • Any payment in kind that the employee is entitled to and the value of the payment in kind Page | 96 Environmental and Social Management Plan - ESMP • How frequently remuneration will be paid • Any deductions to be made from the employee’s remuneration • The leave to which the employee is entitled • The period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate • A description of any council or sectoral determination which covers the employer’s business • Any period of employment with a previous employer that counts towards the employee’s period of employment; and • A list of any other documents that form part of the contract of employment indicating a place that is reasonably accessible to the employee where a copy of each may be obtained. Payment of remuneration An employer must pay to an employee any remuneration that is paid in money: • In South African currency • Daily, weekly, fortnightly, or monthly; and • In cash, by cheque or by direct deposit into an account designated by the employee. Any remuneration paid in cash or by cheque must be given to each employee: • At the workplace or at a place agreed to by the employee • During the employee’s working hours or within 15 minutes of the commencement or conclusion of those hours; and • In a sealed envelope which becomes the property of the employee. An employer must pay remuneration not later than seven days after: • The completion of the period for which the remuneration is payable; or • The termination of the contract of employment. Deductions An employer may not deduct any money from your pay, unless: • The employee agrees in writing to the deduction in respect of a debt specified in the agreement; or • The deduction is required by law or permitted in terms of a law, collective agreement, court order or arbitration award. Notice of termination of employment A contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than: • 1 week, if the employee has been employed for 4 weeks or less • 2 weeks, if the employee has been employed for more than 4 weeks but not more than 1 year • 4 weeks, if the employee has been employed for 1 year or more or is a domestic worker who has been employed for more than 4 weeks. • Notice of termination of a contract of employment must be given in writing, except when it is given to an illiterate employee. Child labour and forced labour The minimum age for engagement in the project is 18. ECPTA prohibits engagement in a project in a manner likely to be hazardous or interfere with the child’s education or be harmful to the child’s health or physical, mental, spiritual, moral, or social development. Page | 97 Environmental and Social Management Plan - ESMP Legislation: Occupational Health and Safety The Project will comply with the OHS requirements outlined in ESS2 and will consider the World Bank Group General EHS Guidelines and the industry specific EHS Guidelines (as appropriate). Pursuant to the requirements of the ESS2, the Project will also comply with SA’s OHSA (Act 85 of 1993) and its regulations. Certain key provisions in the OHSA regarding the health and safety of the project workers and community include the following (amongst others): • Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees • Every employer shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety • Every employee shall at work take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions • Every employer will designate in writing for a specified period health and safety representative(s) and establish health and safety committee(s), as required. These parties will function in accordance with the provisions in the OHSA • Every employer shall as far as reasonably practicable make every employee conversant with the hazard to his/ her health and safety attached to any work he/she has to perform • No employer shall in respect of anything which he is in terms of the OHSA required to provide or to do in the interest of the health and safety of an employee, make any deductions from any employees remuneration or require employees to make payment to him, and • Every employee has the right to refuse to perform any work if circumstances arise which with reasonable justification appears to that employee or health and safety representative to pose an imminent and serious health and safety risk to them and others without any retaliation against such employee. Policies and Procedures Occupational Health and Safety ECPTA undertakes assessments regularly to identify, control, reduce or minimise OHS risks. OHS is overseen by dedicated personnel in the GFRNR. Additionally, a health and safety committee meet periodically to review OHS issues, including incidents, investigations, and complaints. In accordance with the OHS policies, every individual engaged has the duty to: • Uphold health and safety standards. • Manage their conduct in a manner that avoids non-conformance with Occupational, Health and Safety guidelines and regulations. • Comply with all the health and safety rules, instructions, training, supervision and all the safety systems provided through the program. • Attend health and safety training sessions. • Use personal protective equipment (PPE) appropriately. • Refrain from damaging, misusing, or interfering with anything that has been provided for health and safety reasons. • Undertake only those tasks that they are trained and authorized to perform. The contractor will be required to ensure the availability of health and safety policies and guidelines, alert employees of potential hazards, retain updated risk assessments and post risk profiles, have clear health surveillance arrangements, provided adequate PPE, and maintain clear accident and emergency procedures. Safety induction is coordinated between the OHS officer and the Contractor. Training, including refresher courses, must be provided to ensure that all employees have instructions proportional to their Page | 98 Environmental and Social Management Plan - ESMP assigned tasks and responsibilities. Persons who are required to use PPE must receive proper training and where required appropriate use must be demonstrated. Registers will be kept of training and acceptance of PPE. Every supervisor and at least one of every 50 employees must have first aid training. These first aid representatives must retain a valid certificate of competence. First aid boxes must be easily accessible and must be replenished upon use. Age of employment ECPTA prohibits engagement in a project in a manner likely to be hazardous or interfere with the child’s education or be harmful to the child’s health or physical, mental, spiritual, moral or social development. The minimum age for engagement in the project is 18. Should contractor or sub-contractor be found to be in violation of this policy they will be suspended pending further investigation and may face government prosecution. Terms and Conditions The employer will obtain a signed agreement with the following details when a worker is engaged. The information captured shall be readily available during inspection of contractor records by PAs and during World Bank supervision missions. The agreement, as applicable to the type of engagement, should be jointly signed by worker and employer. • Name of employer(s) • Job description • Employee details o South African National Identify Card o Name o Date of Birth o Contact details/address o Resident in PA community (yes/no) • Date of employment commencement • Wage agreement: o Remuneration o Frequency of payment o Method of payment o Mandatory deductions, as relevant (taxes, other) The employer must keep a signed record that affirms that the following information has been provided to the worker and associated induction training records: • Collective agreement, if applicable • Hours of work • Probation period • Notice period • Acknowledgement of knowledge of access to grievances related to Project and/or employment (signature) • Leave entitlements • Code of Conduct (see following section) • Other benefits, as relevant (Pension, Transport, Housing, Holiday, Education, Health) Code of conduct ECPTA has a strict policy to prevent sexual harassment as well as procedures for settling complaints or grievances. To reflect these procedures, and associated GBV or SEA, as well as procedures required to adhere to good procedures for OHS, all persons engaged under the Project including contractor workers engaged for the execution of sub-projects must adhere to standard principles reflected in the Code of Conduct related to promote exemplary conduct in the workplace. GFRNR must ensure that the contractor is responsible to ensure that any persons engaged, including consultants, are appraised of the principles and keep diligent records of acceptance along with the records affirming terms and Page | 99 Environmental and Social Management Plan - ESMP conditions. Worker Grievance ECPTA has a grievance redress mechanism in place purpose of which is to outline the Agency’s approach to accepting, assessing, resolving, and monitoring grievances from those affected or impacted by the activities undertaken by ECPTA and its contractors, in relation to the Wildlife Conservation Bond project. Grievance Redress Mechanism will be applied to any stakeholder complaints and grievances which relate to the environmental and social performance of the Wildlife Conservation Bond project. Contractor management Any contractors or sub-contractors engaged under the Project are required to adhere to the national standards and the provisions specified in this ESMP. The contractors and subcontractors must provide a declaration of eligibility and qualification which includes any prior suspensions, terminations and/or where performance guarantees have been called by an employer related to non-compliance of any environmental, social, health or safety requirement in the past five years. Reporting of incidents GFRNR management, contractors and subcontractors are responsible for maintaining incident reports related to any social, labour, health and safety, security or environmental incident or accident and any near misses to enable actions to be taken to prevent reoccurrence and reduce the number and severity of future incidents. Comprehensive incident reporting and investigation enables analysis of performance in order to identify trends and where improvement is required. Incidents include any accidents or near misses. Page | 100 Environmental and Social Management Plan - ESMP Annex B - Occupational Health and Safety Specifications The Health and Safety Specifications pertaining to the sub-project activities are intended to outline any special requirements pertaining to health and safety matters. These Specifications should be read in conjunction with the occupational Health and Safety Act, 1993, the Construction Regulations and all other Regulations and Safety Standards which were or will be promulgated under the Act or incorporated into the Act and be in force or come into force during the effective duration of the project. The stipulations in this specification, as well as those contained in all other documentation pertaining to the project, including contract documentation and technical specifications shall not be interpreted, in any way whatsoever, to countermand or nullify any stipulation of the Act, Regulations and Safety Standards which are promulgated under, or incorporated into the Act. Purpose The contractor is obligated to implement measures to ensure the health and safety of all people and properties affected under its custodianship or contractual commitments and is further obligated to monitor that these measures are structured and applied according to the requirements of these Health and Safety Specifications. The purpose of this specification document is to provide the relevant Principal Contractor (and his/her subcontractor) with any information other than the standard conditions pertaining to construction sites which might affect the health and safety of persons at work and the health and safety of persons in connection with the use of infrastructure; and to protect persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work during the carrying out of construction work. The Principal Contractor (and his/her subcontractor) is to be briefed on the significant health and safety aspects of the project and provided with information and requirements on inter alia: a) safety considerations affecting the site of the project and its environment; b) safety considerations affecting the persons occupying the site; c) health and safety aspects of the associated structures and equipment; d) submissions on health and safety matters required from the Principal Contractor (and his /her contractor); and e) the Principal Contractor’s (and his/her contractor) health & safety plan. Structure and Organisation of OH&S Responsibilities The ECPTA and/or its Agent shall ensure that the Principal Contractor, appointed in terms of Construction Regulation 5(1)(h), implements, and maintains the agreed and approved health and safety plan. Failure on the part of the Client or Agent to comply with this requirement will not relieve the Principal Contractor from any one or more of his/her duties under the Act and Regulations. All OH&S Act (85 /1993), Section 16 (2) appointee/s as detailed in his/her/their respective appointment forms to regularly, in writing, report to their principals on matters of health and safety per routine and ad hoc inspections and on any deviations as soon as observed, regardless of whether the observation was made during any routine or ad hoc inspection and to ensure that the reports are made available to the principal Contractor and become part of site records (Health & Safety File). The Construction Supervisor and Assistant Construction Supervisor/s appointed in terms of Construction Regulation 8 to regularly, in writing, report to their principals on matters of health and safety per routine and ad hoc inspections and on any deviations as soon as observed, regardless of whether the observation was made during any routine or ad hoc inspection and to ensure that the reports are made available to the principal Contractor and become part of site records (Health & Safety File). All Safety officers must be appointed in writing with competence and experience in construction site as per Construction Regulations, 2014. All Health and Safety Representatives (SHE-Reps) shall act and report as per Section 18 of the Act. Page | 101 Environmental and Social Management Plan - ESMP Further (Specific) Supervision Responsibilities for OH&S Several appointments or designations of responsible and /or competent people in specific areas of construction work are required by the Act and Regulations. Communication & Liaison OH&S Liaison between the Employer, the Principal Contractor, the other Contractors, and other concerned parties shall be through the Principal Agent. In addition to the above, communication may be directly to the Client or his appointed agent, verbally but followed up in writing, as and when the need arises. The Principal Contractor will be responsible for the dissemination of all relevant OH&S information to the other Contractors e.g., design changes agreed with the Client and/or its Agent, instructions by the Client and/or his/her agent, exchange of information between Contractors, the reporting of hazardous/dangerous conditions/situations etc. Responsibilities Client a) The Client or his appointed Agent on his behalf will appoint each Principal Contractor for this project or phase/section of the project in writing for assuming the role of Principal Contractor as intended by the Construction Regulations and determined by the Bills of Quantities. b) The Client or his appointed Agent on his behalf shall discuss and negotiate with the Principal Contractor the contents of the health and safety plan of both Principal Contractor and Contractor for approval. c) The Client or his appointed Agent on his behalf, will take reasonable steps to ensure that the health and safety plan of both the Principal Contractor and Contractor is implemented and maintained. The steps taken will include periodic audits at intervals of at least once every month. d) The Client or his appointed Agent on his behalf, will prevent the Principal Contractor and/or the Contractor from commencing or continuing with construction work should the Principal Contractor and/or the Contractor at any stage in the execution of the works be found to: o have failed to have complied with any of the administrative measures required by the Construction Regulations in preparation for the construction project or any physical preparations necessary in terms of the Act. o have failed to implement or maintain their health and safety plan; or have executed construction work which is not in accordance with their health and safety plan; or Page | 102 Environmental and Social Management Plan - ESMP o act in any way which may pose a threat to the health and safety of any person(s) present on the site of the works or in its vicinity, irrespective of him/them being employed or legitimately on the site of the works or in its vicinity. Principal Contractor a) The Principal Contractor shall accept the appointment under the terms and Conditions of Contract. The Principal Contractor shall sign and agree to those terms and conditions and shall, before commencing work, notify the Department of Labour of the intended construction work in terms of Regulation 4 of the Construction Regulations. The Principal Contractor shall submit the notification in writing prior to commencement of work and inform the Client or his Agent. b) The Principal Contractor shall ensure that he is fully conversant with the requirements of this Specification and all relevant health and safety legislation. This Specification is not intended to supersede the Act nor the Construction Regulations or any part of either. Those sections of the Act and the Construction Regulations which apply to the scope of work to be performed by the Principal Contractor in terms of the contract (entirely or in part) will continue to be legally required of the Principal Contractor to comply with. The Principal Contractor will in no manner or means be absolved from the responsibility to comply with all applicable sections of the Act, the Construction Regulations or any Regulations proclaimed under the Act, or which may perceivable be applicable to this contract. c) The Principal Contractor shall provide and demonstrate to the Client a suitable and sufficiently documented health and safety plan based on this Specification, the Act, and the Construction Regulations, which shall be applied from the date of commencement of and for the duration of execution of the works. This plan shall, as appendices, include the health and safety plans of all Sub-contractors for which he has to take responsibility in terms of this contract. d) The Principal Contractor shall provide proof of his registration and good standing with the Compensation Fund or with a licensed compensation insurer prior to commencement with the works. e) The Potential Principal Contractor shall, in submitting his tender, demonstrate that he has made provision for the cost of compliance with the specified health and safety requirements, the Act and Construction Regulations. (Note: This shall have to be contained in the conditions of tender upon which a tenderer’s offer is based.) f) The Principal Contractor shall consistently demonstrate his competence and the adequacy of his resources to perform the duties imposed on the Principal Contractor in terms of this Specification, the Act and the Construction Regulations. g) The Principal Contractor shall ensure that a copy of his health and safety plan is available on site and is presented upon request to the Client, an Inspector, Employee or Sub-contractor. h) The Principal Contractor shall ensure that a health and safety file, which shall include all documentation required in terms of the provisions of this Specification, the Act and the Construction Regulations, is opened and kept on site and made available to the Client or Inspector upon request. Upon completion of the works, the Principal Contractor shall hand over a consolidated health and safety file to the Client. Page | 103 Environmental and Social Management Plan - ESMP i) The Principal Contractor shall, throughout execution of the contract, ensure that all conditions imposed on his Sub-contractors in terms of the Act and the Construction Regulations are complied with as if they were the Principal Contractor. j) The Principal Contractor shall from time to time evaluate the relevance of the Health and Safety Plan and revise the same as required, following which revised plan shall be submitted to the Client and/or his/her Agent for approval. General requirements of health and safety plan General It will be expected from the Contractor to include in his safety plan method statements on how to accomplish the requirements relating to the Construction Regulations, 2014 and related incorporated standards and regulations. Contractors should describe how their safety management systems will work and what control procedures are in place to ensure safety on the construction site The following aspects should be covered in the safety plan i) What administrative procedures the Contractor envisages to use in the implementation and maintenance of the safety plan with reference to the construction site ii) How continuous assessment of the safety plan will be assessed and implemented with respect to construction site iii) What control systems the Contractor envisages to implement on site to support his safety program iv) How the Contractor will ensure that he adheres to the construction regulations in respect of competent persons Outline of Health and Safety Plan The Contractor’s Health and Safety Plan prepared in accordance with this specification shall consist of at least the following sections and sub-sections: 1. Aim and Scope of Plan, 2. Risk Assessment, a. Alternative Forms of Risk Assessment b. Methodology of risk assessment c. Elements of risk assessment, scope of assessment, risks identified, risk analysis, risk evaluation, risk treatment, monitoring and reviewing 3. Resources, Health and Safety Staffing Organogram, Supervisors, Inspectors, and Issuers, Employees, Subcontractors inclusive of their scope of work and their core resources, Training, Plant, Vehicles, Equipment 4. Materials, Page | 104 Environmental and Social Management Plan - ESMP 5. Categories of Work 6. Implementation of Health and Safety Plan, Administrative systems, Training, Reporting, Monitoring, Inspections 7. Auditing Internal audits of subcontractors and follow-up audits 8. Emergency procedures and response 9. Trainings 10. HIV/Aids, Induction of employees and visitors 11. Site safety induction for visitors Risk assessment General This section of the specification provides guidelines for the Contractor in preparation of risk assessments in order to ensure compliance with Regulation 9 of the Construction Regulations, 2014. This section highlights the principles related to the preparation of suitable and sufficient risk assessments. Contractor Staff intending to prepare risk assessments should be trained and suitably experienced in the application envisaged. The Contractor is to take into consideration the scope of works when compiling the risk assessment. Updating of Risk Assessment The Contractor is to update his risk assessment in accordance with any design changes and/or when he becomes aware of any issues that will affect the health and safety of his employees and others. Resources General In this section of his Health and Safety Plan, the Contractor will be required to state how he intends to comply with the requirements of the Occupational Health and Safety Act, 1993 and all its Regulations and related incorporated standards with regards to the resources and facilities intended for use on the temporary and permanent Works. Legal appointments Inspectors, supervisors and Issuers The Contractor shall provide in his Health and Safety Plan his intended Staffing Organogram for the Works. The organogram should include those inspectors, supervisors and issuers as envisaged in the Construction Regulations, 2014 required for the Works and any additional supervisory staff members as the Contractor (having taken the scope of the Works into account) considers necessary. Copies of the supervisory staffs’ curriculum vitae or portfolio of evidence and their appointment letters should be appended to the Contractor’s Health and Safety Plan. Page | 105 Environmental and Social Management Plan - ESMP The Contractor’s Health and Safety Plan should in addition cover at least the following aspects: a) The number of unskilled, semi-skilled and skilled (including Foreman, Charge hands, Artisans, Operators, Drivers, Clerks, Store man and Team Leaders) employees he intends employing on the Works, b) The health and safety training to be provided to the Contractor’s employees, c) The programme of the health and safety training, d) Systems for the review of the effectiveness of the training provided, and e) Systems to determine further training requirements throughout the construction period. Subcontractors The Contractor shall with reference to the use of subcontractors on the Works and without limiting his obligations, cover at least the following matters in his Health and Safety Plan: a) The steps intended to ensure that his Subcontractors prepare, implement and maintain Health and Safety Plans b) How health and safety information will be made available to his Subcontractors when changes are brought about to the design, c) How he intends determining that his Subcontractors are registered and in good standing with the compensation fund or with a licensed compensation insurer prior to the commencement of the Works, d) How he intends determining if his Subcontractors have made provision in their tenders for the cost of health and safety measures during the construction of the Works, e) How he intends satisfying himself on the competencies and resources of Subcontractors he intends appointing, and f) How he intends ensuring that his Subcontractors perform risk assessments prior to commencing their respective portions of the Works. Competencies The Contractor shall establish if a person is competent to perform a certain duty or be appointed in a certain capacity by requesting all candidates to supply the required certificates of competency. Where certificates of competencies cannot be delivered, the Contractor shall request a portfolio of evidence from the respective candidates. Contractors should do enquiries at the South African Qualifications Authority (SAQA) relating to the qualifications required for appointment of competent persons. Materials General In this section of his Health and Safety Plan, the Contractor will be required to state how he intends to comply with the requirements of the Occupational Health and Safety Act, 1993 Page | 106 Environmental and Social Management Plan - ESMP and all its regulations and related incorporated standards with regards to the design, supply, storage and erection of materials used for the temporary and permanent Works. The following shall be discussed in detailed: i) Use and temporary storage of flammable liquids on construction sites ii) Stacking and storage of material Categories of work In this section of his Health and Safety Plan, the Contractor will be required to state how he intends to comply with the requirements of the Occupational Health and Safety Act, 1993 and all its regulations and related incorporated standards with regards to the execution of the following categories of work. The Contractor shall, without limiting his obligations, cover at least the following matters in his Health and Safety Plan under this category of work: Environmental regulations for workplaces The Contractor shall comply with the Environmental Regulations for Workplaces, 1987, and shall address the following aspects as described in the regulations in his Health and Safety plan: i) Thermal requirements, Lighting, Windows, Ventilation, Housekeeping, Noise and hearing conservation and Fire precautions and means of egress. Housekeeping on construction sites Contractors will be required to adhere to Construction Regulation 27: Housekeeping on construction sites. This regulation must be read in conjunction with the provisions of the Environmental Regulations for Workplaces, 1987 (as amended). The Contractor must discuss the following in detail in his safety plan: o How will contractors ensure the neatness of construction sites? o What measures does the Contractor envisage to Store and/or stack materials, remove debris from site, prevent unauthorized entrance to the site, protect employees or passers-by from falling objects Fire precaution on construction sites Contractors will be required to adhere to Construction Regulation 29: Fire precautions on construction sites. This regulation must be read in conjunction with the provisions of the Environmental Regulations for Workplaces, 1987 (as amended). The Contractor must discuss the following in detail in his safety plan: o How the Contractor will minimize the risk of fire on site Page | 107 Environmental and Social Management Plan - ESMP o How the Contractor will identify potential fire hazards o What prohibitions the Contractor will implement to manage risk areas o How many employees will be trained for competency in fire fighting o What precautions and procedures will be followed to evacuate employees in the event of fire Implementation of contractor’s health and safety plan General The Contractor shall describe in his Health and Safety Plan how he intends implementing his plan. The Contractor shall indicate the methods in place to ensure accurate record keeping of all critical elements identified in his risk assessment and covered in his Health and Safety Plan. The Contractor shall indicate methods in place to carry out internal audits, implement findings and recommendations of audits and address shortcomings. Administrative Systems The Contractor shall comply with Section 9 of the General Administrative Regulations, 1996. The Contractor’s administrative system shall without limiting his obligations, cover the following: i) Upkeep of a safety file on site, ii) Maintenance of his Health and Safety plan, iii) Procedures to follow for the appointment of competent persons, iv) Application for notification, v) Procedures to follow for notifications, vi) Injury on duty [IOD] administration, vii) Recording of minutes of safety meetings, viii) Recording of checklists, ix) Safe keeping of checklists, and x) Internal audits. Reporting Systems The Contractor shall comply with Section 9 of the General Administrative Regulations, 1996 and shall in particular (in accordance with section 12) furnish an inspector with information relating to health and safety on the construction site, when requested to do so. The Contractor shall notify the Employer of any investigations, complaint or criminal charge which may arise as a consequence of the provision of the Occupational Health and Safety Act, 1993 and its Regulations, pursuant to work performed in terms of this Contract. Page | 108 Environmental and Social Management Plan - ESMP Training The Contractor shall train all his employees in accordance with the requirements of section 13 of the Occupational Health and Safety Act, 1993. The Contractor shall ensure that every employee is informed of the following: i) The hazards of any work he has to perform or plant machinery or equipment he is permitted to use, ii) Training (toolbox talks) shall be conducted weekly iii) The precautionary measures which should be taken regarding the above. Inspections and Monitoring The Contractor shall be required to inspect each workplace prior to works commencing to ensure that all protective equipment is in place and that by entering the workplace no person will be exposed to any hazard which could affect his health or safety. The Contractor shall without limiting his obligations, indicate the following in his Health and Safety Plan: i) The inspection and monitoring procedures he intends employing to determine the safety of workplaces, and ii) Who will be responsible for the checking of each workplace at the commencement of each shift? The Contractor shall include in his Health and safety Plan all the checklists f during the for use during inspections and monitoring of the implementation of his Health and Safety Plan. The Contractor can expect inspections of the works by the employer or his safety agent, or the designated officer serving in the Department of Labour and appointed by the Minister as chief inspector or his representative. Auditing Internal Audits The audits contemplated in regulation 5(1)(d) of the Construction Regulations,2014 will be carried out by the Employer or his appointed Safety Agent. The intervals for the audits shall be agreed between the contractor and the employer or his safety agent during the preparation of the contractor’s health and safety plan but shall be carried out at least once every month or at such shorter interval that an inspector may require. The Employer or his Safety Agent shall provide at least 24-hour notice prior to the conducting of an audit. The findings of each audit will be made known to the contractor and the employer in a report prepared by the employer or his safety agent and will be submitted to all parties within seven working days of the respective audit being completed. Any shortfalls identified will be documented in the audit report together with the contractor’s proposals to rectify the same. All audit reports will be filed in the health and safety file. A date for a follow up audit will be negotiated with the Contractor to verify the implementation of all actions to rectify shortfalls as identified in the audit report. Audits by employer or safety agent Page | 109 Environmental and Social Management Plan - ESMP The employer or safety agent will be entitled to carry out additional audits or follow-up audits, as the case may be, at any time during the construction period provided that the audit or follow-up audit are carried out during ordinary working hours, and the employer or safety agent gives the contractor at least 24 hours’ notice of his intention to carry out such audits. The Principal Contractor’s employees indicated in Section 9.1 will be present during any audit carried out by the employer or his safety agent. Measurement and Payment The scheduled items for health and safety will be included in the preliminary and general section of the schedule of quantities. The principal contractor shall price all items scheduled in this section of the schedule of quantities to enable the employer to comply with construction regulations, 2014. failure by the contractor to price these items will force the employer to reject the contractor’s tender in term of the construction regulations, 2014. Payment for the scheduled items will be in terms of clause 8.2 of SABS 1200 A. Page | 110 Environmental and Social Management Plan - ESMP Annex C: Project Specific Code of Conduct for Contractors [Adopted from World Bank Standard Procurement Document with minor modifications] Code of Conduct for Contractor’s Personnel We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter name of Employer] for [enter description of the Works]. These Works will be carried out at [enter the Site and other locations where the Works will be carried out]. Our contract requires us to implement measures to address environmental and social risks related to the Works, including the risks of sexual exploitation, sexual abuse, and sexual harassment. Note to the Bidder: The minimum content of the Code of Conduct form as set out by the Employer shall not be substantially modified. However, the Bidder may add requirements as appropriate, including to take into account Contract-specific issues/risks. The Bidder shall initial and submit the Code of Conduct form as part of its bid. This Code of Conduct is part of our measures to deal with environmental and social risks related to the Works. It applies to all our staff, labourers and other employees at the Works Site or other places where the Works are being carried out. It also applies to the personnel of each subcontractor and any other personnel assisting us in the execution of the Works. All such persons are referred to as “Contractor’s Personnel” and are subject to this Code of Conduct. This Code of Conduct identifies the behaviour that we require from all Contractor’s Personnel. Our workplace is an environment where unsafe, offensive, abusive, or violent behaviour will not be tolerated and where all persons should feel comfortable raising issues or concerns without fear of retaliation. Required Conduct Contractor’s Personnel shall: 1. Carry out his/her duties competently and diligently; 2. Comply with this Code of Conduct and all applicable laws, regulations and other requirements, including requirements to protect the health, safety and well-being of other Contractor’s Personnel and any other person; 3. Maintain a safe working environment including by: a. Ensuring that workplaces, machinery, equipment and processes under each person’s control are safe and without risk to health; Page | 111 Environmental and Social Management Plan - ESMP b. Wearing required personal protective equipment; c. Using appropriate measures relating to chemical, physical and biological substances and agents; and d. Following applicable emergency operating procedures. 4. Report work situations that he/she believes are not safe or healthy and remove himself/herself from a work situation which he/she reasonably believes presents an imminent and serious danger to his/her life or health; 5. Treat other people with respect, and not discriminate against specific groups such as women, people with disabilities, migrant workers or children; 6. Not engage in Sexual Harassment, which means unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature with other Contractor’s or Employer’s Personnel; 7. Not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another; 8. Not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions; 9. Not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing marriage; 10. Complete relevant training courses that will be provided related to the environmental and social aspects of the Contract, including on health and safety matters, Sexual Exploitation and Abuse (SEA), and Sexual Harassment (SH); 11. Report violations of this Code of Conduct; and 12. Not retaliate against any person who reports violations of this Code of Conduct, whether to the Employer, or us or who makes use of the grievance mechanism for Contractor’s Personnel or the project’s Grievance Redress Mechanism. Raising Concerns If any person observes behaviour that he/she believes may represent a violation of this Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways: 1. Contact for Great Fish River Nature Reserve is the Reserve Manager 2. Report the incident via phone or in person The Project will require the name of the complainant in order to provide follow up and resolutions. The Project will assure that the person’s identity will be kept confidential. However, anonymous complaints or allegations may also be submitted and will be given all due and appropriate consideration. We take seriously all reports of possible misconduct and will investigate and take appropriate action. There will be no retaliation against any person who raises a concern in good faith about any behaviour prohibited by this Code of Conduct. Such retaliation would be a violation of this Code of Conduct. Page | 112 Environmental and Social Management Plan - ESMP Consequences of Violating the Code of Conduct Any violation of this Code of Conduct by Contractor’s Personnel may result in serious consequences, up to and including termination and possible referral to legal authorities. For Contractor’s Personnel: I have received a copy of this Code of Conduct written in a language that I comprehend. I understand that if I have any questions about this Code of Conduct, I can contact [ enter name of Contractor’s contact person(s) with relevant experience] requesting an explanation. Name of Contractor’s Personnel: [insert name] Signature: ___________________________________________________________ Date (day month year): ____________________________________________ Countersignature of authorized representative of the Contractor: Signature: ______________________________________________________________ Date (day month year): _______________________________________________ Page | 113 Environmental and Social Management Plan - ESMP Annex D: GFRNR Standard COVID-19 Protocol for Contractors COVID-19 is affecting preparation of the Project and may continue to influence implementation of activities as the disease is easily transmitted through breathing in droplets from persons with the illness. Many who are infected will show no obvious signs of disease, wherefore the Project must take all possible precautions through practical steps to minimise exposure. The Reserve Manager for GFRNR oversees implementation of special COVID-19 measures with core responsibilities for implementation delegated to senior management and staff. Standard Operating Procedures have been developed for the PAs to ensure minimal risk of exposure to staff and guests. Given the higher risk of COVID-19 infection to persons with underlying health issues or persons aged 60 or over, the Project will ensure that all personnel who have higher risk factors and given special protections during the pandemic. This must include accommodations to work from home for an extended period of time where feasible. Recognising that the COVID-19 pandemic may not remain of concern during the full period of the implementation of the Project, risks mitigation associated with the pandemic is required as additional measures until such time that the pandemic provisions are suspended by the South African government. PA management will stay informed and follow the guidance from the WHO and the South African National Department of Health. Communication The Project will work to reduce the risk of COVID-19 as well as reduce potential stigma and discrimination by providing clear communication on measures put in place by the Project, as well as enhancing public information related to the COVID-19 pandemic to key stakeholders. These communication principles apply to Project engagement with project workers, contractors, sub-contractors and relevant Project communities or other key stakeholders whom PAs regularly engages with. The primary means of communication will be through online meeting platforms. The main principle is to communicate critical risk, precautions and accurate information to all Project stakeholders and to counter any misinformation. The Project will: ▪ Provide clear and unequivocal messages focusing on (a) critical risk reducing behaviour (b) what to do if persons suspect they have COVID-19 and (c) the measures that are put in place by the Project and why. This will include, as relevant to the stakeholders: o Status of the impact of COVID-19 on Project activities. o Overview of Project operations during the pandemic and measures for these to operation safely (e.g. adjustments made to stakeholder engagement, see following section). o Provisions for project workers to work from home. o Safety measures required in the workplace (hygiene, social distancing, screening etc.). o Workers’ rights, sick leave and pay. o Reporting requirements for anyone who falls ill, mandatory 14-day quarantine. ▪ Perceptions, rumours and feedback from community and workers should be monitored and responded 
to through trusted communication channels, especially to address social stigma and misinformation. Stakeholder Engagement Page | 114 Environmental and Social Management Plan - ESMP During the COVID-19 pandemic many of the stakeholder engagement activities planned for, as a critical part of the Project design, cannot proceed as anticipated wherefore there PAs will needs to adjust the approach. The Project will, during the pandemic: ▪ Avoid large public gatherings, including public hearings, workshops and community meetings. ▪ If smaller meetings can safely be carried out and are permitted by authorities, the Project can conduct consultations in small-group sessions, such as focus group meetings. ▪ Where stakeholder cannot safety meet, consider how to enable critical meetings through online meeting platforms (Google Meet, Microsoft Teams, WhatsApp, Zoom, Skype etc.). ▪ Enable diversification of the PAs means of communication and rely more on social media and online communication tools. ▪ Develop and distribute messages through posters and leaflets. ▪ For broader messages, use traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, and mail). ▪ Ensure that regardless of measures used to continue stakeholder engagement to advance Project activities that stakeholders and communities know how to provide feedback and suggestions to the PAs. ▪ Reschedule and delay any critical meetings that cannot reasonably be conducted in the COVID-19 pandemic. Contractor Provisions For any infrastructure project, for the duration of the pandemic, the PAs will require tender proposals to include a COVID-19 Response Plan as part of submission to reflect management and costing of special measures required to address constraints during the pandemic related to administration, contracting, materials and equipment procurement, site access, community health and projects team health. This Response Plan is to form an integrated part of the submitted proposal and should include: ▪ Proposed prevention procedures covering basic hygiene, cleaning and disinfection, Personal Protective Equipment (PPE), supplier management, and visitor management. ▪ Policies and procedures on how to determine and manage suspected and identified cases. ▪ Working condition policies (including distancing, number of persons permitted in one place). ▪ Stakeholder engagement procedures for any required engagement with community members. 
 Any contractor engaged by the Project for the duration of the pandemic, must have a COVID-19 Protection Plan in place which will be overseen by the contactor’s OHS officer(s). The COVID-19 Protection Plan shall be protective of the contractor’s workers, PA officials who come on site, and the neighbouring general public who is impacted as a result of this project. There will be a weekly cost for the implementation of the COVID-19 Site Protection Plan which will be due the Contractor while this Plan is in force and effect. The Protection Plan should include: ▪ Daily safety briefings. ▪ Regular temperature checks of workers (before entering Project sites). ▪ Measures to enable, promote and enforce frequent hand washing and respiratory hygiene, including discourage touching eyes, nose, and mouth. Ensure that hand sanitizer or soap is available at all times at ablution facilities and other critical areas (e.g. entry, lunch site). This includes the record keeping for all measures. Page | 115 Environmental and Social Management Plan - ESMP ▪ Social distancing guidelines and reduction of number of persons permitted in one place (limiting size of work teams, number of workers on site at any time, work rotations, adapting work procedures, break sites etc.). ▪ Training and communication measures e.g. use of posters from WHO, regular updates provided by OHS personnel. ▪ Plans to ensure the workplace is clean and hygienic, and regularly disinfect surfaces and objects. ▪ Measures to immediately remove a worker who becomes ill at the worksite. ▪ Obtaining locally relevant information for medical services for reference should someone fall ill, including where testing for COVID-19 is available. ▪ Provisions to require that workers who have been exposed or infected remain in quarantine for at least 14 days. ▪ Provisions to employees to stay at home when sick and to seek medical advice if they have a fever, cough and/or difficulty 
breathing. Communication of suspected cases to National Health Authority. ▪ Communication of precautions to the surrounding communities and the potential implications (clear, regular and fact based information provided in a manner accessible). If work needs to be suspended and workers are retrenched temporarily or permanently, the contractor is required to follow good practice as set out by International Finance Corporation:11 ▪ Consult with workers, as well are worker representatives prior to putting plan into effect. ▪ Consider potential alternatives to suspension or retrenchment. ▪ Reduce the number of jobs that may be lost and seek to mitigate the impact on individuals, groups, and communities (e.g. implement lump sum, part time payment, provision services during suspension of work). ▪ Where every worker is not affected, ensure that the workers affected are selected in a fair and transparent manner. Discrimination against particular workers will not be tolerated by the Project and may lead to suspension of future work. ▪ Communicate access to the worker grievance mechanism provided by the contractor and the PAs as well as procedure for hearing and addressing issues. Establish communication channels with workers who are temporarily retrenched or suspended and enable plans for regular updates on status. 11 IFC Good Practice Note on Managing Retrenchment applied to COVID-19 context by KfW, Corona virus disease (COVID-19) Info-Sheet on Preventing and Managing related Environmental, Social, Health and Safety (ESHS) Risks, April 2020. Page | 116 Environmental and Social Management Plan - ESMP Annex E: Chance Find Procedures If excavations associated with the Project leads to discovery of archaeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the PAs or appointed activity implementer shall: (a) Stop the construction activities in the area of the chance find. (b) Delineate the discovered site or area. (c) Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be present until the responsible authorities take over. (d) The HRAs shall be responsible for significant movable and immovable cultural, ancient, and natural property and their conservation. (e) The SAHRA or ECPHRA will carry out a preliminary evaluation of the findings to be performed and will also be in charge of protecting and preserving the site before deciding on the proper procedures to be carried out. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, including the aesthetic, historic, scientific or research, social and economic values. (f) Ensure that decisions on how to handle the findings. This could include changes in the layout (such as when the finding is an irremovable remain of cultural or archaeological importance) conservation, preservation, restoration, and salvage. (g) Construction work will resume only after clearance and authorization is given concerning the safeguard of the heritage. These procedures must be referred to as standard provisions in construction contracts, Safeguards Procedures for Inclusion in the Technical Specifications for Contracts. During project supervision, the supervisor shall monitor the above statute relating to the treatment of any chance find encountered are observed. Relevant findings will be recorded in the Construction Monitoring Report and Implementation Completion Reports will assess the overall effectiveness of the project’s cultural property mitigation, management, and activities, as appropriate. Page | 117 Environmental and Social Management Plan - ESMP