Summary Document Guidelines and Codes of Environmental Practice Renewable Electricity Generation and Electricity Infrastructure Kingdom of Tonga September 2016 Version 1.02 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga Summary Document Guidelines and Codes of Environmental Practice Renewable Electricity Generation and Electricity Infrastructure Kingdom of Tonga September 2016 Prepared in collaboration with: Ministry of Environment, Information, Disaster Management, Energy and Climate Change, Tonga. Ministry of Infrastructure, Tonga Ministry of Lands and Natural Resources, Tonga Tonga Power Limited Tonga Energy Road Map – Implementation Unit Asian Development Bank (ADB) The World Bank Australian Department of Foreign Affairs and Trade (DFAT) Secretariat of the Pacific Regional Environment Programme (SPREP) September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga iii List of Abbreviations ADB Asian Development Bank AZE Alliance for Zero Extinction CESMP Contractors Environmental and Social Management Plan CMA Coastal Marine Area COEP Codes of Environmental Practice EHS Environmental Health and Safety EIA Environmental Impact assessment EMP Environmental Management Plan ESCP Erosion and Sediment Control Plan ESIA Environmental and social assessment ESMP Environmental and Social Management Plan ESS Environmental and Social Standards” GFP Grievance Focal Point GHG Greenhouse Gas GIIP Good International Industry Practice IBAs Important Bird Areas ICAO International Civil Aviation Organisation ICNIRP International Commission on Non-Ionizing Radiation Protection ICPC International Cable Protection Committee Ltd IFC International Finance Corporation JICA Japan International Co-operation Agency KBAs Key Biodiversity Areas LAB. lead acid batteries Li-ion Lithium-ion MAFFF Ministry of Agriculture and Food, Forests and Fisheries MEIDECC Ministry of Environment, Information, Disaster Management, Energy and Climate Change MHWS Mean High Water Springs MLNR Ministry of Lands and Natural Resources MOI Ministry of Infrastructure NBSAP National Biodiversity Strategies and Action Plans Ni-Cad Nickel Cadmium NiMH Nickel Metal Hydride O&M Operation and Maintenance OLS Obstacle Limitation Surfaces PCR Physical Cultural Resources PHMP Pest and Herbicide Management Plan RE Renewable Electricity SEP Stakeholder Engagement Plan TOR Terms of Reference TPL Tonga Power Limited UNEP-WCMC United Nations Environment Programme World Conservation Monitoring Centre WAL Tonga Waste Authority Limited WB The World Bank September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga iv TABLE OF CONTENTS EXECUTIVE SUMMARY V 1 INTRODUCTION 1 2 ENVIRONMENTAL APPROVALS FRAMEWORK 1 3 LAND ACQUISITION 3 3.1 Tenure and Leases 3 3.2 Land Acquisition Transfer Process in Tonga 4 4 BUILDING PERMIT APPLICATION – MINISTRY OF INFRASTRUCTURE 5 5 TONGA ENVIRONMENTAL APPROVALS PROCESS 6 5.1 Introduction 6 5.2 Application and Initial Evaluation Phase 9 Submission of Application to EIA Unit 9 Initial Screening Phase – MEIDECC EIA Unit 9 5.3 Determination of Major or Minor Project Status 11 5.4 EIA Preparation Phase - Major Projects 11 5.5 Minor Projects – Environmental Management Plan 11 5.6 Major Projects – Environmental Management Plan 12 5.7 Information Disclosure 12 5.8 Costs of Environmental Approval Process 12 6 SUMMARY 12 7 CODES OF ENVIRONMENTAL PRACTICE 13 8 APPENDICES 14 List of Appendices Appendix 1: Form 1 from Schedule 1 of EIA Regulations ................................................ 15 Appendix 2: Initial Screening Checklist for Small-scale Projects ..................................... 16 Appendix 3: Large-scale Projects - Initial Screening Checklist ........................................ 22 List of Tables Table 1: Environmental Approval Process Detailed Overview .............................................. 7 List of Figures Figure 1: High level linkages between the three main environmental approval elements ...... 2 Figure 2: Parties involved in the land acquisition process ..................................................... 4 Figure 3: Details of Land Transfer process ........................................................................... 5 Figure 4: Ministry of Infrastructure overview of approval pathway......................................... 6 Figure 5: Environmental Approval Process Detailed Flowchart ............................................ 8 Figure 6: Initial Screening Approach for Renewable Electricity Generation Projects, Tonga 10 September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga v Executive Summary On 14th September 2016 the Chief Executive Officer of MEIDECC announced that Tonga ’s renewable energy target is to reach 70% renewable generation by 2030 and that by 2035 Tonga should reach its 100% renewable energy target 1. This Document summarises Guidelines and Codes of Environmental Practice (COEP) relating to project approvals and good environmental practice for new renewable electricity (RE) generation and new electricity infrastructure projects in Tonga. The Guidelines address approvals for land acquisition, environmental permits and building permits in Tonga, along with safeguards policies of various development partners. The COEP provide guidance to achieve good environmental and social outcomes from the design, construction and operation of energy generation, transmission and distribution infrastructure, including off grid systems. These documents were developed to help stakeholders to understand and navigate through the approvals process relating to land and the environment, and they were commissioned under the auspices of the Tonga Energy Road Map. The Guidelines and COEP are specifically targeted at:  Developers/Project Proponents  Tonga Power Limited (TPL)  Communities undertaking projects on any of the four island grids in Tonga (Tongatapu, Vava’u, Ha’apai and ‘Eua),  Community-owned and operated mini grids  Off grid energy generation and  Government Agencies. The Guidelines describe the overall development process in terms of current Tongan environmental laws, regulations and other legal instruments, how they are currently implemented; and how a common approach can be adopted between Tongan requirements and the safeguards policies of various development partners. The COEP address the following matters for both “Major” and “Minor” RE generation and new electricity infrastructure projects in Tonga: COEP 1 - Site Selection and Project Design COEP 2 - Stakeholder Engagement, Cultural Heritage and Land Acquisition COEP 3 - Land Acquisition, Resettlement and Compensation for Lost Assets COEP 4 - Cultural Heritage COEP 5 - Health and Safety] COEP 6 - Traffic Management COEP 7 - Biodiversity COEP 8 - Water quality COEP 9 – Working in Coastal Marine Areas COEP 10 - Solid Waste COEP 11 - Hazardous substances COEP 12 - Noise COEP 13 - Landscape and Visual Impacts COEP 14 – Battery Disposal COEP 15 - Shadow Flicker COEP 16 - Interaction with Aviation Operations COEP 17 - Electric and Magnetic Fields (EMFs) COEP 18 - Construction and Decommissioning COEP 19 – Network Upgrades/Maintenance COEP 20 – Monitoring and Management 1 http://www.tonga-broadcasting.net/?p=2549 September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 1 1 Introduction On 14th September 2016 the Chief Executive Officer of MEIDECC announced that Tonga’s target is to reach 70% renewable generation by 2030 and that by the year 2035 Tonga should be able to reach its 100% renewable energy target 2. To achieve these targets, it will be necessary to implement a range of renewable energy generation and energy distribution options along with grid-related and other energy efficiency projects. Any such generation, distribution and efficiency options must not only be technically and economically feasible, but they must avoid or minimise environmental and social impacts consistent with Tongan legislation and development partner requirements. This Document summarises Guidelines and Codes of Environmental Practice (COEP) relating to project approvals and good environmental practice for new renewable electricity (RE) generation and new electricity infrastructure projects in Tonga. The Guidelines address approvals for land acquisition, environmental permits and building permits in Tonga, along with safeguards policies of various development partners. The COEP provide guidance to achieve good environmental and social outcomes from the design, construction and operation of energy generation, transmission and distribution infrastructure, including off grid systems. These documents were developed to help stakeholders to understand and navigate through the approvals process relating to land and the environment, and they were commissioned under the auspices of the Tonga Energy Road Map. The Guidelines are targeted at the following parties:  Developers/ Project Proponents  Tonga Power Limited (TPL)  Communities undertaking projects on any of the four island grids in Tonga (Tongatapu, Vava’u, Ha’apai and ‘Eua),  Community-owned and operated mini grids  Off grid energy generation and  Government Agencies The Guidelines are intended to provide good practice for undertaking energy infrastructure development and operation to comply with Tongan law and satisfy safeguard policies of development partners relating to environmental and social impacts. The COEP are intended to provide guidance to achieve good environmental and social outcomes from the design, construction and operation of energy generation, transmission and distribution infrastructure, including off grid systems. In broad terms, the Guidelines and COEP are directed at the large majority of relatively small- scale Projects which are currently under consideration. As noted below, it is suggested that these would be dealt with as “Minor” Projects under the Tongan environmental legal and regulatory regime. With very complex, large or ‘one off’ projects, it is likely that external consultants will be engaged. It is hoped that these Guidelines and COEP will help most projects over the line much more easily than at present, with further guidance provided to assist proponents and consultants with more complex issues. 2 Environmental Approvals Framework In broad terms, the environmental approval framework in Tonga involves:  Land acquisition and lease approval (Ministry of Lands and Natural Resources “MLNR”)  Building Permit approval (Ministry of Infrastructure “MOI”)  Environmental approval (Ministry of Environment, Information, Disaster Management, Energy and Climate Change “MEIDECC”). The application process is summarised Figure 1. 2 http://www.tonga-broadcasting.net/?p=2549 September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 2 Figure 1: High level linkages between the three main environmental approval elements September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 3 3 Land Acquisition 3.1 Tenure and Leases Project site selection involves identifying the best site, and identifying people affected by the Project. In securing project land, proponents must appreciate the fact that Tonga’s land tenure system has unique features relative to other Pacific countries. Key aspects are:  All land in Tonga belongs to the Crown  Sale of land is prohibited.  The rights or interests are individualised and life interest only  The Land Act forbids land holders (registered allotments) from entering into any agreement for profit or benefit from the use of his holding other than that prescribed by the Act  Non-Tongans can only obtain land under leasehold tenure, subject to the approval of the Cabinet. This would apply to offshore [non-Tongan] RE investors.  Estate-holders and individual landholders are allowed to lease out all or part of their estates or allotment respectively  If there is no male heir, then the unmarried daughter(s) may inherit or jointly inherit their father's land until they all get married. If there is no heir at all, then the land reverts to the estate holder for re-granting. Land ownership is multifaceted within the Tongan societal context. Consequently, land may be a sensitivity subject for certain people. It is paramount for developers and investors to appreciate these sensitivities when seeking and/or acquiring land. Estate-holders or registered land-holders must either be informed/consulted, either directly or through a legitimate representative, on land requirements of any proposed new electricity generation and electricity infrastructure project in Tonga. Land allotments for development projects will be obtained through leasing. Lease terms are summarised as follows: Crown land Generally, the Minister, with consent of Cabinet may grant a lease of a crown land to a person or entity for a period not exceeding 99 years or a renewal of a lease provided the period not exceeding 99 years from the original lease. Noble’s estates Generally, a Noble may grant leases provided it does not exceed 5% of his total area of that estate. However, it may exceed if such lease is for religious bodies, charitable institutions, and the Tonga Electric Power Board/Tonga Power Limited). Tax and Town allotments The landholder of the allotment may grant a lease of his registered allotment or part of it, with consent of Cabinet. Leaseholders The Lessee may grant a sublease of his or her leased property, either in whole or part of it, for sublease. Otherwise, he or she may elect to sell the lease outright for the purpose of the development project. Any request in writing for a new lease must be served on the Landholder not less than six months before the expiration of the lease. The Minister at the direction of Cabinet after a request in writing so to do by the holder of the expiring lease to grant to such holder of such expiring lease a further lease for a period not exceeding that granted in the expiring lease provided the rent is all settled, and all other conditions and terms have been observed and performed. If the Landholder (Lessor) fails to agree to the grant of a new lease for a period equal to that of the expiring lease at a rent not greater than that reserved in such expiring lease with in 3 months after a request in writing so to do by the holder (Lessee) of such expiring lease, the Minister may, with the Cabinet direction, grant the Lessee a further lease for a period not exceeding that granted in the expiring lease. September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 4 The common practice is that both parties meet and negotiate the rental, purpose, and duration of the lease. Lease costs vary, however the market value is usually utilised as a guide. All the lease rentals must be paid to the Ministry of Lands, then the lessor (estate holder or landholders) will collect the rentals from them. The administration fees and taxes are deducted before the lessor received his or her share. The fee for the registration of a lease is $21.00. The fee for surveying depends on the size of the area, $60 for an area less than 1.5 hectare, $70 for an area less than 3 hectares, $180 for an area less than 6 hectares, and $200 for 8 hectares. Any action or claims in respect with any land matters must be brought before a Court within 10 years. There is no legislation in Tonga that specifically address matters related to involuntary resettlement. Land acquisition is governed by the Constitution of Tonga, Government Act, and the Land Act, all of which provide the fundamental basis for acquiring land for public purposes, and compensation. In general, the King or the Minister of Lands can compel a landholder to relinquish his allotment or part of his allotment for public use. In fact, the Minister of Lands, with consent of Cabinet, has the power to acquire Crown Land for public purposes. Although not specifically expressed in the Tongan legal framework, high priority is assigned in practice to the principle of avoiding or minimising involuntary resettlement. In the context of resettlement, it is the first preference to avoid involuntary resettlement if possible, through alternative project location or design. Secondly, focus is given to restoring or enhancing affected people’s livelihoods. In effect, individualised land rights in Tonga means that resettlement also means loss of land ownership so that suitable compensation arrangement must be considered for all parties subject to a need for relocation or disruption. If Projects are using development partner funding, consideration will need to be given to the explicit requirements of development partners in each case. (refer to “COEP 3 - Land Acquisition”). 3.2 Land Acquisition Transfer Process in Tonga The land acquisition process (lease agreement process) is overseen by the Ministry of Land and Natural Resources (MLNR). The land acquisition process and parties involved are set out in Figure 2. Figure 2: Parties involved in the land acquisition process September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 5 The formal Land Transfer process is set out in detail in Figure 3 which highlights the key role of the MLNR in the decision making process. Figure 3: Details of Land Transfer process Delays arising from landowner issues can be mitigated by using effective communication, employing qualified and experienced agents and providing independent property valuations for the negotiation phase. Sufficient time should be allowed for landowner and stakeholder engagement leading to land acquisition. Developers should factor an overall land acquisition duration of 2 – 12 months into Project timeframes. Costs will vary depending on the complexity of each situation. 4 Building Permit Application – Ministry of Infrastructure The “Building Control and Standards Act No.39 of 2002” Section 10 requires every person intending to erect a building to obtain a building permit, which in this context, means applying to the Ministry of Infrastructure (MOI). Figure 4Error! Reference source not found. summarises the Building Permit and associated MOI construction approval pathway 3. All RE projects would generally be caught under the definition of a Building under the Act, other than minor solar panel installations and wind installations involving masts lower than 6 m height. Replacement of existing lines, or installation of new distribution lines would not be expected to trigger the need for a building permit application. 3 From http://www.doingbusiness.org/data/exploreeconomies/tonga/dealing-with-construction-permits/ September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 6 Figure 4: Ministry of Infrastructure overview of approval pathway 5 Tonga Environmental Approvals Process 5.1 Introduction Proposals for all development activities must be notified to the Minister of Environment, Information, Disaster Management, Energy and Climate Change for approval under the Environmental Impact Assessment Act 2003 and Environmental Impact Assessment Regulations 2010. The Secretariat and the Minister determine whether the proposed development is a “minor” or a “major” project, and this determination is to be advised to the proponent within 30 days. Proponents of major project, are required to submit a full Environmental Impact Assessment for review by the Secretariat. If the Project is deemed to be a minor project, approval is granted with or without conditions and the Project may proceed. The broad environmental approval process is summarised in Table 1 and Figure 5. September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 7 Table 1: Environmental Approval Process Detailed Overview September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 8 Figure 5: Environmental Approval Process Detailed Flowchart September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 9 5.2 Application and Initial Evaluation Phase Submission of Application to EIA Unit Proposals for all development activities when notified to MEIDECC must include a completed “Form 1” as set out in Schedule 1 of the Regulations. The Secretariat and the Minister use Form 1 to determine whether the proposed development is a “minor” or a “major” project, and they are required to advise the proponent of this determination within 30 days. If Proponents don’t need any other permits the completed Form 1 may be delivered directly to the EIA Unit at the Environment Office of MEIDECC 4. The EIA Unit will check that the correct form has been used. However, most RE development activities would require a building permit from the Ministry of Infrastructure (MOI) in which case the Form 1 would also be lodged with MOI, Delivering the application to the EIA Unit involves two steps. 1. Delivering the application to the EIA Unit at the Environment Office. The EIA Unit will check that a Form 1 is attached to the building permit application. 2. Paying the $10 registration fee to the EIA Unit at the Environment Office. They will issue a receipt, and keep a photocopy of the receipt for their records. MEIDECC will not process the application until the fee has been paid. Initial Screening Phase – MEIDECC EIA Unit An initial screening evaluation is undertaken during consideration of the completed Form 1 provided pursuant to Schedule 1 of the EIA Regulations 2010 (see Appendix 1). The main purpose of Form 1 is to help the Minister determine whether a project should be dealt with as a Minor or Major Project. The Guidelines set out a screening approach based around the scale of the operation for which approvals are sought (see Appendices 2 and 3). The screening approach divides RE projects into “Large -scale” and “Small-scale” Projects with separate screening checklists for each (Figure 6). The “Large-scale” and “Small-scale” Screening Checklists are intended to replace Form 1 for RE projects as currently used. “Small-scale Projects” are defined as:  Solar arrays of up to 125 kW; or  Wind power installations of up to 125 kW; with rotor diameters of no more than 5 m; or towers of no more than 25 m height. “Large-scale Projects” are defined as:  Solar arrays of more than 125 kW capacity; or  Wind power installations > 125 kW capacity; with rotor diameters > 5 m; or towers > 25 m height.  Other types of renewable generation  Electricity Infrastructure – new installs and upgrades 4 Vuna Rd, Nuku'alofa, Tonga September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 10 Figure 6: Initial Screening Approach for Renewable Electricity Generation Projects, Tonga September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 11 5.3 Determination of Major or Minor Project Status Once the EIA Unit has received the completed Form 1 it is assessed against the criteria in the EIA Act and EIA Regulations to determine whether the development activity is a minor or major project. The Schedule in the EIA Act classifies “Electricity Generation Stations” as Major Projects. In the context of the Schedule in the EIA Act, this definition appears intended to cover larger- scale, grid connected, generation facilities, but no clarification is available. If the project is a Major Project, MEIDECC will issue a Form 3 and explain the next steps of the EIA process to the Proponent. If it is a minor project, the Minister will issue a Form 2. For a major project, the proponent is required to submit a full Environmental Impact Assessment for review. The Minister subsequently issues an approval (with or without conditions), a request for further information, or a rejection. For a minor project, approval is granted with or without conditions and the Project may proceed, usually under the provisions of an Environmental Management Plan (“ EMP”) which is binding on the Proponent. The EMP will address environmental management and protection measures and will be specific to the development under consideration. Tonga’s approach using the Schedule in the EIA Act generally follows the development partner approach, with projects designated as “Major” requiring a full EIA ; and those that are “Minor” requiring only an EMP. 5.4 EIA Preparation Phase - Major Projects If the Project is defined as a Major Project or if the Minister otherwise so directs based on a risk assessment, the proponent will need to conduct an EIA in accordance with Form 3 (Major Projects) of the Regulations. The purpose of the EIA is to assess potential significant environmental issues associated with a project, and to develop appropriate methods to resolve those issues. Preparation of the EIA is the responsibility of the Project Proponent. The document should be prepared by a competent professional. The EIA Department of MEIDECC is in the early stages of developing a register of professionals operating in this field in Tonga, which might be of assistance to proponents. The EIA element of the process involves a Scoping Phase and a Preparation phase both undertaken by the proponent in collaboration with regulators and other parties as necessary. The comprehensive initial screening undertaken during preparation of the Form 1 appraisal will inform this Scoping exercise and will greatly streamline this stage of the process. Scoping identifies existing sources of data, key individual contacts and important areas of field study. It increases local, regional and national awareness of the project, its environmental concerns and facilitates rapid data collection and analysis. The findings of the scoping exercise (i.e. information recorded in the scoping checklist) provide a list of potential environmental issues, which should be considered and assessed in detail in the subsequent EIA. Appendix 5 of the Guidelines sets out a suggested list of contents for the EIA based on the above matters along with additional items to provide a comprehensive compilation. Many of these items can be derived directly from the Form 1 information noted above. EIA Regulation 12 sets out factors to be taken into account by the Minister and the Secretariat when considering the likely impact of an activity upon the environment. These matters have all been included as topics in the EIA subject items set out in Appendix 5 of the Guidelines, and are addressed in the COEP. 5.5 Minor Projects – Environmental Management Plan Minor projects are not required to provide an EIA, and are approved with or without conditions. RE Projects which have been subject to the Checklist approach set out in Appendices 2 and 3 will be treated as minor projects only if they have a low risk of adverse environmental and social impacts September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 12 Appendix 6 of the Guidelines presents the typical list of contents of a Minor Project EMP – which is to be prepared in accordance with the scale and intensity of the likely effects of the Project. 5.6 Major Projects – Environmental Management Plan COEP 20 sets out a suggested format for an EMP for a Major Project. In accordance with development partner terminology this plan is referred to as an Environmental and Social Management Plan (ESMP). The suggested approach is more comprehensive than the Minor Projects ESMP approach, but addresses the same general elements including a set of mitigation, monitoring, and institutional measures to be taken during implementation and operation to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels 5. 5.7 Information Disclosure An important element of good practice EIA preparation involves disclosure of information to a wide range of stakeholders, particularly in the early stages of Project development during initial stakeholder engagement. Information on the Project should also be made available to neighbours and other stakeholders during Project operation, particularly if potential environmental and social impacts have been identified and are of concern to those stakeholders. It is considered that the current approach in Tonga is generally consistent with development partner policies. 5.8 Costs of Environmental Approval Process Each renewable energy project will have unique Project design and cost elements so it is not possible to provide useful costing information other than in relation to statutory process costs. 6 Summary The environmental approvals framework in Tonga involves the following legal elements:  Land acquisition and lease approval (Ministry of Lands and Natural Resources “ MLNR”)  Building Permit approval (Ministry of Infrastructure “ MOI”)  Environmental approval (Ministry of Environment, Information, Disaster Management, Energy and Climate Change “MEIDECC”). The Guidelines and associated Codes of Environmental Practice (COEP) set out a suggested procedure for approvals acquisition involving the following steps: 1 Based on an initial evaluation, initiate the land acquisition process 2 Undertake Project Screening according to process set out in Appendices 2 and 3. 3 Complete and lodge Building Permit applications and Form 1 as set out in the Environmental Impact Regulations 2010. Form 1 information to be provided from the Project Screening, and is to be lodged with the Ministry of Infrastructure simultaneously with the application for a Building Permit. 4 Form 1 application is lodged by the Project Proponent with the EIA Unit of MEIDECC which determines whether the project is a “Minor” or a “Major” project , which determines the subsequent application pathway. 5 If a project is determined to be a Minor Project in the Form 1 appraisal, then it may proceed subject to:  Obtaining a necessary building permit (MOI)  Conditions which may be imposed by the Minister (MEIDECC) , and 5 See World Bank Policy OP 4.01 - ANNEX C - ENVIRONMENTAL MANAGEMENT PLAN (https://policies.worldbank.org/sites/ppf3/PPFDocuments/Forms/DispPage.aspx?docid=3903&ver=current) September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 13  Preparation of an Environmental Management Plan (EMP). 6 If the project is deemed to be a Major Project then an Environmental Impact Assessment (EIA) is required. This Guideline proposes that the EIA should involve a Scoping Phase and address the matters set out Appendix 4 of the Guidelines. If a Project is intended for funding by a development partner, application documentation will need to comply with the requirements of that development partner. In broad terms the biophysical environmental requirements of most of these safeguards policies would be met if proponents follow the approach set out in the Guidelines and the associated COEP. However, in respect of land acquisition there are a number of differences in approach notwithstanding that existing legal land rights laws and compensation procedures provide a fair degree of social safeguard in cases where land is required for public purposes and that normal compensation practice appears to go further than the law actually requires. There are some other relatively minor requirements relating to various organisational criteria, but the main difference relates to required mechanisms compensation, resettlement and livelihood restoration. In each case, proponents would need to provide additional information as noted to comply with individual development partner requirements. 7 Codes of Environmental Practice Proponents will benefit from guidance from the associated Code of Environmental Practice (COEP) document which sets out good practice for environmental and social management in the following areas: COEP 1 - Site Selection and Project Design COEP 2 - Stakeholder Engagement, Cultural Heritage and Land Acquisition COEP 3 - Land Acquisition, Resettlement and Compensation for Lost Assets COEP 4 - Cultural Heritage COEP 5 – Earthworks and Erosion Control COEP 6 - Health and Safety COEP 7 - Traffic Management COEP 8 - Biodiversity COEP 9 - Water quality COEP 10 – Working in Coastal Marine Areas COEP 11 - Solid Waste COEP 12 - Hazardous substances COEP 13 - Noise COEP 14 - Landscape and visual impacts COEP 15 – Battery Disposal COEP 16 - Shadow Flicker COEP 17 - Interaction with Aviation Operations COEP 18 - Electric and Magnetic Fields (EMFs) COEP 19 – Network Upgrades/Maintenance COEP 20 - Decommissioning COEP 21 – Monitoring and Management Reference should be made to the COEP document for details in respect of each subject area, September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 14 8 Appendices Appendix 1: Form 1 from Schedule 1 of EIA Regulations Appendix 2: Initial Screening Checklist for Small-scale Projects Appendix 3: Initial Screening Checklist for Large-scale Projects September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 15 Appendix 1: Form 1 from Schedule 1 of EIA Regulations September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 16 Appendix 2: Initial Screening Checklist for Small-scale Projects The completed Checklist would be provided to the EIA Section of MEIDECC. The document would assist MEIDECC to determine whether the Project is to be treated as a Major or Minor Project. Guidance for Applicants and EIA Unit Staff in assessing Risk Ratings is provided as an attachment to the Checklist Form provided in Appendix 2 of the Guidelines. September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 17 Initial Screening Checklist for Small-scale Renewable Energy Projects Ministry of Meteorology, Energy, Information, Disaster Management, Climate Change and Communications. EIA UNIT ENVIRONMENT OFFICE How to Complete this Application This application form and any supporting information provided with it are for the purpose of enabling an assessment process under the Environmental Impact Assessment Regulations 2010. An assessment must be conducted for any activity that is likely to impact on the environment of Tonga. Your application will not be considered unless you return to the EIA Unit: a. This form, completed and signed b. All relevant attachments and information required c. An application fee. No work may commence unless and until written approval is given by MEIDECC. Small Scale Renewable Energy Projects are:  Solar arrays up to 125 kW; or  Wind power installations up to 125 kW; with rotor diameters up to 5 m; or towers up to 25 m height. 1. Applicant Details – Small-scale Projects Full Name Business details Please Tick  Registered Business  Other Organisation (attach your business licence) Attach details> Organisation Name (if applicable) Physical Address PO Box Contact Details Name:  applicant  agent (select one) Tel: Mobile: Email: 2. The Project Proposal – Small-scale Projects You must give full details of your project and attach the required information. Insufficient or unclear information will delay your application. Please use separate sheet(s) if required to give a full description of your project. September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 18 WHAT IS THE NAME OF YOUR PROJECT? TYPE OF PROJECT  Solar Solar, Wind or other small-scale renewable  Rooftop  energy project  Standalone r Number of Panels: Maximum Generation (kW):  Wind Turbine Number of Turbines: Maximum Generation (kW):  Other Describe: DESCRIBE YOUR PROJECT? Please describe your project from construction through to operation. Include plans and layout of project on the site with your application. Use another sheet of paper if required. WHERE IS YOUR PROJECT LOCATED? Give name of island, area and nearest town or village and other directions. Please also include a map clearly showing location in relation to neighbouring properties, coastal or other features etc. Photos of the project site are helpful. Google maps can also be used to show location. WHAT IS THE TIMING FOR YOUR PROJECT? Construction (including site preparation): Please advise proposed start date and duration of construction and also the operational life of Start Date: Duration: the development. Operational life: WHAT IS THE PROJECT COST? $……………………. WHAT IS THE TOTAL LAND AREA OF THE PROJECT? …………………….ha/m2 Area to be used by the project. WHAT MATERIALS WILL BE USED IN THE PROJECT? Estimated type, source and volume of any materials to be used in the construction and operation of the development. September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 19 3. ENVIRONMENTAL IMPACTS – Small-scale Projects Please complete this section for your project. Insufficient or unclear information will delay your application. Official Use Risk (Lo/Mod./Hi) L M H WHAT IS THE LAND  Leased Land STATUS AT THE PROJECT Title reference: LOCATION? Name of leaseholder: Please tick box and provide  Crown Land required details. You must Title reference: include a copy of the land  Estate Land lease. Please attach a signed, Title reference dated agreement to the  In the process of acquiring land proposed project from the land owner. Is Project within 100m of: (i) Wildlife or ecological reserve  Yes  No WHAT IS THE CURRENT If Yes provide details ENVIRONMENT AT THE (ii) Area of cultural importance  Yes  No PROJECT LOCATION? If Yes provide details (such as vegetation cover, (iii) Area of archaeological importance  Yes  No fauna, human settlement) If Yes provide details Is the land already cleared or developed? (iv) Outstanding/significant natural feature  Yes  No (e.g. geological/geothermal or landscape) If Yes provide details Does Project potentially: i. disturb previously undisturbed land  Yes  No If Yes provide details ii. remove more than 0.5 ha of vegetation?  Yes  No If Yes provide details iii. affect habitats of birds or animals?  Yes  No If Yes provide details iv. affect uncommon/threatened species?  Yes  No If Yes provide details v. generate employment  Yes  No If Yes how many people? vi. contribute to local or national economy?  Yes  No If Yes how much per year? $ vii. create noise nuisance (wind only)?  Yes  No If Yes provide details viii. create increased traffic flow?  Yes  No If Yes provide details ix. require power or water supply?  Yes  No If Yes provide details x. have neighbour agreement to proceed?  Yes  No Provide details Batteries Have you thought about battery disposal?  Yes  No What will you do with old batteries? WHAT OTHER ACTIVITIES ARE CLOSE TO YOUR September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 20 Official Use Risk (Lo/Mod./Hi) L M H PROJECT LOCATION? (such as neighbouring land uses and developments) Please also include these on your location map. DOES THE PROJECT LOCATION INCLUDE OR IS Coast:  Yes  No NEAR TO: River or stream, wetland:  Yes  No Please tick yes or no. If Yes, Cultural sites:  Yes  No please mark on your location map. Protected areas:  Yes  No DOES THE PROJECT INVOLVE RESETTLEMENT  Yes (Please provide details in the separate form: OF PEOPLE OR BUSINESS  No ACTIVITIES? HOW DO YOU PROPOSE TO REDUCE OR AVOID THE ENVIRONMENTAL IMPACTS OF YOUR PROJECT? Please briefly describe the steps you will take to reduce impacts on the environment from construction through to operation. 4. APPLICATION CHECKLIST – Small-scale Projects Official use All Applicants: Please tick to confirm each item on this checklist only  Completed all sections of this Application Form Y/N Attached copies of: Y/N  Draft plans & designs  Site plan Y/N  Location map of area Y/N  Land lease document (if leased land) Y/N  Application fee (TOP$10.00) Y/N  Other approvals (eg building permit). Official use only Date received: DEPC reference number: Due date for decision: September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 21 5. APPLICANT DECLARATION – Small-scale Projects I/We declare that all the information presented herein and attached is correct and is an accurate description of the proposed development project. Applicant signature: Date: _____________________ (Official Stamp where applicable) IMPORTANT: The information contained in this application form and the attached documents and plans forms part of the formal environmental permit application process and the permit terms and conditions. Any changes or variations to the project must be referred to the EIA Unit before the development goes ahead. THIS APPLICATION IS FOR A PERMIT UNDER THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS 2010. THE GRANTING OF A PERMIT UNDER THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS 2010 DOES NOT INFER OR ASSUME THE GRANTING OF LICENCES OR PERMITS UNDER ANY OTHER TONGAN LEGISLATION. September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 22 Appendix 3: Large-scale Projects - Initial Screening Checklist The completed Checklist would be provided to the EIA Section of MEIDECC. The document would assist MEIDECC to determine whether the Project is to be treated as a Major or Minor Project. Guidance for Applicants and EIA Unit Staff in assessing Risk Ratings is provided as an attachment to the Checklist Form provided in Appendix 3 of the Guidelines. September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 23 Initial Screening Checklist for Large-scale Renewable Energy Projects Ministry of Meteorology, Energy, Information, Disaster Management, Climate Change and Communications. EIA UNIT ENVIRONMENT OFFICE How to Complete this Application This application form and any supporting information provided with it are for the purpose of enabling an assessment process under the Environmental Impact Assessment Regulations 2010. An assessment must be conducted for any activity that is likely to impact on the environment of Tonga. Your application will not be considered unless you return to the EIA Unit: a. This form, completed and signed b. All relevant attachments and information required c. An application fee. No work may commence unless and until written approval is given by MEIDECC. Large Scale Renewable Energy/Electricity Infrastructure Projects are:  Solar arrays > 125 kW capacity; or  Wind power installations > 125 kW capacity; with rotor diameters > 5 m; or towers > 25 m height.  Other types of renewable generation  Electricity Infrastructure – new installs and upgrades 1. Applicant Details – Large-scale Project Full Name Business details Please Tick  Registered Business  Other Organisation (attach your business licence) Attach details> Organisation Name (if applicable) Physical Address PO Box Address Contact Details Name:  applicant  agent (select one) Tel: Mobile: Email: September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 24 2. The Project Proposal – Large-scale Project You must give full details of your project and attach the required information. Insufficient or unclear information will delay your application. Please use separate sheet(s) if required to give a full description of your project. NAME OF PROJECT? TYPE OF PROJECT  Solar Solar, Wind or other small-scale renewable energy  Rooftop  project  Standalone r Number of Panels: Maximum Generation (kW):  Wind Turbine Number of Turbines: Turbine diameter Tower height Maximum Generation (kW):  Other Renewable Generation Describe:  Electricity Infrastructure Describe: DESCRIBE YOUR PROJECT? Please describe your project from construction through to operation. Include plans and layout of project on the site with your application. Use another sheet of paper if required. WHERE IS YOUR PROJECT LOCATED? Give name of island, area and nearest town or village and other directions. Please also include a map clearly showing location in relation to neighbouring properties, coastal or other features etc. Photos of the project site are helpful. Google maps can also be used to show location. WHAT IS THE TIMING FOR YOUR PROJECT? Construction (including site preparation): Please advise proposed start date and duration of construction and also the operational life of the Start Date: Duration: development. Operational life: WHAT IS THE PROJECT COST? $……………………. WHAT IS THE TOTAL LAND AREA OF THE PROJECT? …………………….ha/m2 Area to be used by the project. WHAT MATERIALS WILL BE USED IN THE PROJECT? Estimated type, source and volume of any materials to be used in the construction and operation of the development. September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 25 3. ENVIRONMENTAL IMPACTS – Large-scale Project Please complete this section for your project. Insufficient or unclear information will delay your application. Official Use Risk (Lo/Mod./Hi) L M H WHAT IS THE LAND  Leased Land STATUS AT THE PROJECT Title reference: LOCATION? Name of leaseholder: Please tick box and provide  Crown Land required details. You must Title reference: include a copy of the land  Estate Land lease. Please attach a signed, Title reference dated agreement to the  In the process of acquiring land proposed project from the land owner. Is Project within 100m of: (i) Wildlife or ecological reserve  Yes  No WHAT IS THE CURRENT If Yes provide details ENVIRONMENT AT THE (ii) Area of cultural importance  Yes  No PROJECT LOCATION? If Yes provide details (such as vegetation cover, (iii) Area of archaeological importance  Yes  No fauna, human settlement) If Yes provide details Is the land already cleared or developed? (iv) Outstanding/significant natural feature  Yes  No (e.g. geological/geothermal or landscape) If Yes provide details Does Project potentially: v. disturb previously undisturbed land  Yes  No If Yes provide details vi. remove more than 0.5 ha of vegetation?  Yes  No If Yes provide details vii. affect habitats of birds or animals?  Yes  No If Yes provide details viii. affect uncommon/threatened species?  Yes  No If Yes provide details ix. generate employment  Yes  No If Yes how many people? x. contribute to local or national economy?  Yes  No If Yes how much per year? $ xi. create noise nuisance?  Yes  No If Yes provide details xii. create increased traffic flow?  Yes  No If Yes provide details xiii. require power or water supply?  Yes  No If Yes provide details xiv. have neighbour agreement to proceed?  Yes  No Provide details Batteries/Storage Have you thought about battery/storage disposal?  Yes  No What will you do with old batteries/storage devices? Provide details Any there any likely solid, liquid or gaseous emissions from the activity/development; are they totally contained upon the site Are there any reserves, protected areas or otherwise restricted aspects associated with the Project site? September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 26 Official Use Risk (Lo/Mod./Hi) L M H Will Project activities involve direct and/or indirect impacts on priority ecosystem services which may result in adverse health and safety risks and impacts to stakeholders? WHAT OTHER ACTIVITIES Are there medical sites, schools, residential properties, settlements or ARE CLOSE TO YOUR other sensitive receivers (in respect of noise and dust) located within PROJECT LOCATION? 200m of the area of influence? (such as neighbouring land uses and developments) Please also include these on your location map. Does the Project potentially adversely affect access to community facilities or open space (either temporarily or permanently)? Does the Project involve large scale land disturbance and land use impacts particularly due to diversion of productive lands? Could the Project potentially increase the climate or disaster vulnerability of the surrounding area (e.g., increasing traffic or housing in areas that will be more prone to flooding)? Where the establishment, maintenance or upgrading of the development facility involves the disturbance of the ground outside the project site, will the proponent reinstate the ground to at least the condition existing prior to work starting? Do associated alterations to electricity lines, including the placement of telecommunications equipment on any existing poles increase the number of conductors or wires by more than 100 per cent, or comprise new conductors or wires that have a diameter greater than 20 per cent of the combined diameter of the existing wires or conductors being replaced, or include cross arms with a length exceeding the existing length by not more than 100 per cent? Are dwellings on any neighbouring properties potentially exposed more than 30 hours of shadow flicker per year based on realistic shadow flicker hours calculations. Does noise associated with the construction of any wind farm comply with New Zealand Standard on Acoustics – Construction Noise (NZS 6803: 1999). Does noise associated with the operation of a small or community scale wind turbines and wind farms comply with New Zealand Standard on Acoustics – Wind Farm Noise (NZS 6808: 2010). DOES THE PROJECT LOCATION INCLUDE OR IS Coast:  Yes  No NEAR TO: River or stream, wetland:  Yes  No Please tick yes or no. If Yes, Cultural sites:  Yes  No please mark on your location map. Protected areas:  Yes  No DOES THE PROJECT INVOLVE RESETTLEMENT  Yes (Please provide details in the separate form: OF PEOPLE OR BUSINESS  No ACTIVITIES? HOW DO YOU PROPOSE TO REDUCE OR AVOID THE ENVIRONMENTAL IMPACTS OF YOUR PROJECT? Please briefly describe the steps you will take to reduce September 2016 Summary Guidelines and COEP for Managing Environmental and Social Impacts New Renewable Electricity Generation and Electricity Infrastructure In Tonga 27 Official Use Risk (Lo/Mod./Hi) L M H impacts on the environment from construction through to operation. 4. APPLICATION CHECKLIST – Large-scale Project Official use All Applicants: Please tick to confirm each item on this checklist only  Completed all sections of this Application Form Y/N Attached copies of: Y/N  Draft plans & designs  Site plan Y/N  Location map of area Y/N  Land lease document (if leased land) Y/N  Application fee (TOP$10.00) Y/N  Other approvals (eg building permit). Official use only Date received: DEPC reference number: Due date for decision: 5. APPLICANT DECLARATION – Large-scale Project I/We declare that all the information presented herein and attached is correct and is an accurate description of the proposed development project. Applicant signature: Date: _____________________ (Official Stamp where applicable) IMPORTANT: The information contained in this application form and the attached documents and plans forms part of the formal environmental permit application process and the permit terms and conditions. Any changes or variations to the project must be referred to the EIA Unit before the development goes ahead. THIS APPLICATION IS FOR A PERMIT UNDER THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS 2010. THE GRANTING OF A PERMIT UNDER THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS 2010 DOES NOT INFER OR ASSUME THE GRANTING OF LICENCES OR PERMITS UNDER ANY OTHER TONGAN LEGISLATION. September 2016