ANNEX 3 PROPOSED REGULATORY MODEL

Linear Infrastructure Development Process

Key provision Commentary

Purpose:

The national-level government should establish a clear process for planning, designing, approving, constructing and operating linear infrastructure.

The regulations should include clear lines of responsibility and accountability.

Process:

The process should involve the following regulated steps:

1. Government prepares a long-term strategic landscape plan for linear infrastructure.

2. In the absence of a landscape plan that clearly identifies expected linear infrastructure or development corridors, government should conduct a strategic environmental assessment for the type of linear infrastructure under consideration.

3. In the absence of a landscape plan that clearly identifies expected linear infrastructure or development corridors, project proponents should develop a baseline assessment of the potential corridors incorporating factors relevant to resilience and inclusivity.

4. As part of the project prioritization and selection process, proponents and financial institutions should undertake a preliminary screening of project risks.

5. As part of the project prioritization and selection process, proponents should demonstrate due diligence has been conducted.

6. As part of the project prioritization and selection process, project proponents and financial institutions should be able to demonstrate that anticipated costings are based on a consideration of all costs not just a least-cost alignment.

The landscape plan may be more comprehensive than just considering linear infrastructure, but must still clearly identify all the relevant information as outlined in the planning rows below.

Public participation:

The regulations should ensure that there is a coordinated approach to public participation throughout the process.

Ensuring that public participation is meaningful and contributes to inclusivity outcomes requires a structured approach. This includes coordinating public participation mechanisms at various stages of the linear infrastructure project lifecycle to maximize continuous participation of the same stakeholders and linking rights to access information and to raise grievances.

Linear Infrastructure Landscape Planning

Key provision Commentary

Purpose:

The national-level government shall lead a multi-stakeholder, participatory planning process to determine strategic objectives for linear infrastructure

The responsible government agency would need to be identified. This should be a central agency with considerable intragovernmental influence and ability to convene multiple stakeholders, such as a planning ministry, rather than a sector-specific ministry.

Objectives:

The objectives of the planning process will be to produce a plan that:

- identifies priorities for linear infrastructure development for a defined region in the medium and long-terms

- identifies areas of land (“planning corridors”) deemed suitable, unsuitable, and requiring further investigation for linear infrastructure development

- provides clear guidance for developers and communities about the type and location of anticipated linear infrastructure development

The plan may generate a series of maps for different locations, scales or timeframes.

The approach to planning transboundary linear infrastructure will require consideration when establishing the planning framework. This will require, inter alia, coordination with neighboring countries and public participation processes that enable engagement with international stakeholders.

Planning inputs:

The planning process should incorporate all relevant information, including:

- Existing linear infrastructure, along with projected lifespans and anticipated upgrade needs

- Medium and long-term climate projections

- Multi-hazard risk assessments

- Vulnerability analyses

- NDCs and other adopted climate change mitigation and adaptation strategies

- Land tenure maps, including identifying protected areas

- Key biodiversity areas (KBAs) and other important ecosystem services

- Commitments under multilateral environmental agreements

- Population projections

- Social and economic development objectives

- Community development needs and expectations related to linear infrastructure (both direct and indirect)

Any trade-offs made as part of the planning process should be made clear as part of the documentation (i.e., summary report and final plan).

Consultation:

The planning process should involve multiple stakeholders, including:

- all relevant government departments

- CSOs

- private sector

- development partners, including multilateral development banks

- academia

Draft versions of the plan should be released for consultation, including targeted engagement with key stakeholder representatives and opportunities for public input. A summary report should be prepared and publicized that documents the planning process (including inputs employed, decisions made, consultations undertaken).

The role of CSOs as conduits for identifying and articulating community needs should be formally recognized in the regulations.

There are many models of landscape, spatial and natural resources planning, including from within ASEAN, that can provide a template for the regulations needed to facilitate the planning process and obtain inputs. This may include utilizing or amending existing regulations, but it must be done to explicitly focus on linear infrastructure within the landscape.

The public participation arrangements should be consistent across all parts of the holistic model.