National Impact Assessment Programme Development of EIA Sectoral Guidelines for Hydro Dams Terms of Reference Environmental Impact Assessment (EIA) in Pakistan EIA was introduced as a requirement in Pakistan under Pakistan Environmental Protection Ordinance (PEPO) 1983. In 1997, PEPO was replaced by Pakistan Environmental Protection Act 1997 (PEPA’97), which further strengthened EIA as a legal requirement and introduced IEE / EIA Review Rules 2000. To support the implementation of the EIA regime in the country, several guidelines have also been developed. Some of the notable guidelines are EIA Guidelines 1986, EIA Energy Sector Guidelines 1992, EIA Guidelines for Oil & Gas Exploration in Environmentally Sensitive Areas 1997, Sub-sectoral Guidelines of twenty two sectors were developed by Khyber Pakhtunkhwa EPA, and Sub-sectoral Guidelines of three sectors developed by Balochistan EPA. Landmark projects like the oil and gas development in Kirthar National Park have managed to bring EIA to the forefront but have also highlighted that there is still ample scope to strengthen its practice in Pakistan. The National Impact Assessment Programme (NIAP) The Government of Pakistan (GoP) and IUCN, International Union for Conservation of Nature, are jointly implementing National Impact Assessment Programme (NIAP) since November 2009. The Programme aims to contribute to sustainable development in Pakistan through strengthening the Environmental Impact Assessment (EIA) process and introducing Strategic Environmental Assessment (SEA) in national development planning. The Programme has four implementing partners, i.e.: Ministry of Climate Change (now Climate Change Division) through its Environment Wing (EW) and Pakistan Environmental Protection Agency (Pak EPA), Environment Section-Planning Commission of Pakistan (PC), and IUCN. The Netherlands Commission for Environmental Assessment (NCEA) has an advisory role in the Programme. The financial assistance is being provided by the Royal Netherlands Embassy (RNE). The total duration of the Programme is fourand-a-half years. NIAP intends to use a multi-pronged strategy to improve effectiveness of EIA and introduce SEA in the country. As part of its strategy to carry out capacity building, develop tools and procedures, NIAP recognizes the unavailability of quality sectoral guidelines as one of the major constraints faced by the EPAs in adequately reviewing EIAs of large projects. Little attention has been paid towards the development of guidelines in emerging sectors that have national and ToRs: Development of EIA Sectoral Guidelines for Hydro Dams in Pakistan 1 international significance. NIAP plans to develop guidelines for three sectors of national and strategic significance to assist its partner EPAs. The three sectors scoped initially as part of this strategy are transboundary natural gas pipelines, large hydro dams and coal-fired thermal power plants. Large Hydro Dams The construction of hydroelectric dams has risen on the agenda of the national and provincial government in Pakistan. The two major reasons for this are the chronic energy crisis in the country and water security issues viz a viz India. A concession within the Indus Water Treaty 1965 has provided impetus to India to construct dams along the Indus, Jehlum and Chenab River thereby causing a greater pressure on Pakistan’s water storage capacity. In addition, WAPDA estimates that by the year 2025, Tarbela, Mangla and Chasma would loose 37% (6.27 MAF) of their capacity due to sedimentation; which translates into a loss of one mega project (WAPDA, 2009). And due to changing climatic conditions, Pakistan will be highly water stressed (based on fresh water availability) by 2030. A recent report by WAPDA estimates the total hydropower potential in Pakistan to be over 100,000 MW with current identified sites which can produce up to 59000 MW (WAPDA, 2012). In addition, 12 projects with a total hydro capacity of 1700 MW are also in the pipeline. The recent sanctioning of the Daimer-Bhasha Dam in 2011 shows that it is likely there will be added pressure on the new federal government to speed up the commissioning of large hydroelectric dams. WAPDA’s Vision 2025- which was put into action in 2001- has set objectives that target construction of dams to fill the energy deficit and improve water security to increased storage. To achieve objectives of the GoP, WAPDA and the private sector plans to concentrate on construction of: 1- Large dams including Diamer-Basha Dam for Public/Private Partnership, 2- Hydropower Projects; and 3- Medium/small water storage dams (WAPDA, 2012). Rationale-Need for Urgent Response A major hurdle associated with large hydro projects in Pakistan is the lack of expertise within the country to assess the social and environmental impacts of constructing large hydroelectric dam. For example, Tarbela Dam has a life of 100 years from the time it was constructed, but approximately 100,000 people were displaced to construct it and 23,000 hectres of arable land had to be inundated. Past experiences in the region (Pakistan’s Kalabagh Dam and India Narmada Dam) has proven that a sound understanding of the environmental and social impacts of a large hydro project is necessary to avoid losses in terms of time and money. Sectoral guidelines can be one way to incorporate these risks within the decision-making framework at the national and provincial levels in Pakistan. International best practice on EIAs for large hydro projects is readily available e.g. the USAID EIA Technical Review Guidelines. Moreover, many examples of EIA guidelines are available within the private sector where investment companies assess the environmental impacts associated around construction of large hydro projects. However, there is no set of guidelines available in the specific ToRs: Development of EIA Sectoral Guidelines for Hydro Dams in Pakistan 2 context of Pakistan. NIAP has identified the need to develop guideline in order to facilitate the process of commissioning and constructing large hydro projects. This will aid NIAP’s national and provincial partners in conducting EIAs for the expanding the share of hydroelectric power in Pakistan. Once developed, these guidelines will also provide the much needed support to provincial EPAs, financial institutions and civil society in addressing environmental and social concerns associated with large hydro projects. For this purpose, it has been decided to hire an international consultant who can guide and support in development of these sectoral guidelines. Objective The objective of developing EIA guidelines is to support the relevant institutions especially Environmental Protection Agencies, Planning and Development Departments, financial lending institutions, consultants and civil society organizations in effectively undertaking and reviewing EIAs of large hydro dams to ensure environmental and social safeguards compliance as per the legal framework in the country. Scope of Work These guidelines aim to address issues involving construction and operation of large hydro dams. The issues identified and studied should provide guidance for preparation and assessment of future EIAs of any project proposal in this particular sector. This work will include: Setting the context: Compiling a detailed survey of similar initiatives in other parts of the world, and selecting. Relevant best practices (guidelines and cases) at country, regional or global level or by financial lending institutions such as the World Bank and Asian Development Bank or corporate sector involved in similar initiatives. Identifying regional or international agreements or conventions which are directly or indirectly relevant or govern this type of project Providing oversight and guidance to a national experts who will analyse and describe the regulatory environmental framework and other legislation and policies of the Government of Pakistan or provincial governments pertaining to construction and operation of a large hydro dam (and identifying any gaps which need to be addressed) Collating and drafting the required guidance material: Identifying the main and supporting infrastructure required for the construction of a large hydro dam. Identifying the potential environmental and social impacts due to construction and operation of a large hydro dam Identifying alternatives that need to be explored in an EIA Identifying relevant monitoring, prevention, mitigation and management measures and arrangements that need to be considered in an EIA Providing an outline of the contents or salient features of the EIA report. ToRs: Development of EIA Sectoral Guidelines for Hydro Dams in Pakistan 3 Develop an outline for an Environmental Management Plan (EMP) and Disaster Management Plan (DMP) that translates potential impact prevention and mitigation measures into control measures. Development an example of a monitoring plan for conduction regular monitoring of the EMP and DMP Identify integration of (public) participation at every step of EIA process, with special consideration for the transboundary nature of pipelines. Providing quality review criteria for the EIA, specifically for the use of regulators those who will be required to review the EIA report. Drafting an example Terms of Reference for the EIA consultant team to be hired for carrying out an EIA Providing recommendations for the future: Providing a brief assessment of the regulatory framework for the management of environmental and social risks associated with hydro projects, giving specific attention to the enforcement of control measures Providing a brief assessment of the capacity development needs for professionals and institutions involved in the management of environmental and social risks. Providing recommendations for further development of both the regulatory framework and capacity. Activities to be undertaken The consultant will be asked to submit an action plan on the basis of which awarding of the contract will take place. The following activities are expected in this action plan, to be further detailed in the proposed action plan by the consultant: Desk-based research to collect a set of best practice guidance and cases as reference material Consultation with relevant Pakistani stakeholders to gain insight into the existing level of practice and guidance needs Drafting of the guidance material, using relevant existing reference material where appropriate Consultation with relevant Pakistani stakeholders on the draft guidance material, to test and augment the material Maintain continuous relationship and a close liaison with the Project Manager NIAP and NCEA. Finalize the guidance material based on the feedback received during consultations and from the project manager and NCEA. Expected Outputs/ Deliverables The consultancy assignment will be expected to produce the following outputs: 1. Comprehensive guidance material that is appropriate for Pakistan, including: a. Description of the policy/legislative context for the pipeline EIAs ToRs: Development of EIA Sectoral Guidelines for Hydro Dams in Pakistan 4 b. Detailed guidance on how to undertake an EIA for pipeline projects, including (but not necessarily limited to): i. Project components to be described in the EIA ii. Alternatives iii. Baseline description iv. Impacts to assess v. Assessment methods, and their application vi. Mitigation and monitoring measures vii. Management planning (including institutional arrangements) viii. Participation throughout the EIA process c. Example ToR for the assignment to a (team of) expert(s) to undertake an EIA for a pipeline project d. Detailed outline of an Environmental monitoring and management plan, and an Disaster Management Plan (DMP). e. EIA quality review checklist 2. Recommendations for further developing the regulatory/policy framework and capacity for the management of environmental and social risks associated with hydro projects. The outputs are expected to be submitted as a draft report and a final report. Time-Frame The consultancy’s duration is 6 months i.e. from July 1, 2013 – December 31, 2013. The exact number of days and the daily rate will be proposed by the consultant based on the assessment of work needed. Working Arrangements The consultant will work independently, but in close coordination with IUCN Pakistan and NCEA for substantive aspects of the assignment, and under the direct supervision of the NIAP Project Manager – for administrative aspects. The consultant shall maintain effective coordination with NIAP partners at both provincial and national level. The international consultant will be supported by the project staff of NIAP. Depending upon the work load, hiring a local consultant will be considered to provide assistance. IUCN Pakistan and its partners for NIAP will facilitate the provision or access to the necessary documents for this study. IUCN Pakistan and its partners will facilitate setting up of meetings in different parts of the country. The international consultant is expected to travel to Pakistan for separate missions for the duration of the assignment. In between missions, ongoing communication will be expected via email and Skype. Local experts from the NIAP team will be available to assist the international expert, and to undertake the analysis of the Pakistani regulatory framework. ToRs: Development of EIA Sectoral Guidelines for Hydro Dams in Pakistan 5 Budget The budget for the study will be utilized from the NIAP project. Payment will be made according to the deliverables agreed in the final contract. All travel related costs will be covered separately by the project. Profile/Expertise - Senior impact assessment professional with academic training and 15 years or more of experience - Proven expertise in EIA for thermal power plants - Proven competency in guidance development - Experience of working in the South Asian/ Central Asian region - Excellent grasp of English language both spoken and written. References (in which format) Pakistan Water and Development Authority, Wapda’s Development Plan, 2009, Available here: http://www.wapda.gov.pk/pdf/wapdasdevelopmentalplan.pdf WAPDA 2012 ToRs: Development of EIA Sectoral Guidelines for Hydro Dams in Pakistan 6