ANNEX 7 DRAFT STANDARD CONDITIONS FOR APPROVED LINEAR INFRASTRUCTURE PROJECTS

General Conditions

1. The project proponent shall bear full legal and financial responsibility for all adverse impacts and all actions and omissions of itself and its contractors, subcontractors, officers, employees, agents, representatives, and consultants employed, hired or authorized by the project proponent acting for or on behalf of the project proponent, in carrying out work on the project.

2. The project proponent shall fully implement all environmental and social measures, and is liable for ensuring that all contractors and subcontractors comply fully with all relevant environmental and social standards and measures, and other requirements.

3. The project proponent shall carry out the Project in accordance with the documents submitted to government including the EIA, environmental management plan (EMP) and environmental monitoring programs submitted to the government, resettlement action plan (if required), conditions of approval contained in this project approval, and any Ppoject commitments.

4. The project proponent shall ensure that all bidding documents and contracts for project works contain provisions that require contractors to: i. Comply with the measures relevant to the contractor set forth in a project EMP, and any corrective or preventative actions set forth in an environmental monitoring report; ii. Make available a budget for all such environmental and social measures

5. Prior to the commencement of construction, the project proponent shall ensure that all contractors and sub-contractors are aware of the measures and requirements in the project approval to avoid or minimize environmental and social impacts caused by the project.

6. The project proponent shall provide all necessary budgetary and human resources to fully implement the EMP and sub-plans and monitoring provisions (referred to in this project approval); and fulfil all project commitments set out in this project approval.

7. The project proponent shall submit semi-annual environmental monitoring reports to the government, and promptly publicly disclose such reports on a project-specific website and to the local office.

8. The project proponent shall make all reporting in compliance with this project approval available to the government and to the public. This information shall be available at the local government or departmental office or other location with the consent of the government, and electronically on a project proponent’s or project website.

Planning Conditions

9. Prior to beginning construction, the project proponent shall ensure that the project team has reviewed all recommendations from landscape-level assessments and SEAs and addressed or incorporated those recommendations in the design of the project.

10. Prior to beginning construction, the project proponent shall ensure that any wildlife protection measures, including avoidance and minimization measures such as design features, are assessed against the landscape-level assessment and current information about species, including migratory species, that may be impacted by the project.

Resettlement

11. If the project requires the resettlement or relocation of any people, the project proponent shall comply with a resettlement action plan that has been assessed and approved by the government and follows good international practices.

12. The project proponent shall bear full legal and financial responsibility for implementing the resettlement action plan and livelihood restoration.

Cultural Heritage

13. If during construction or operations, an object of cultural heritage is discovered or found, the project proponent must take all reasonable action to protect the object until the relevant ministries have the opportunity to assess its value and determine actions to protect it.

Financial Guarantees

14. The project proponent shall provide financial guarantees in accordance with the conditions of this project approval and in accordance with directions from the government.

15. The project proponent shall provide a financial guarantee in the form of a performance bond in favor of the government in the event of an incident causing actual or potential environmental harm or harm to human health. The government shall be able to use this financial guarantee to take immediate action to remedy the actual or potential damage to the environment or human health.

16. The project proponent shall provide a financial guarantee in the form of a performance bond in favor of the government to ensure compliance with the conditions of this project approval and the EMP.

17. All financial guarantees shall be in a form agreed between the proponent and the government and shall be provided by the proponent on or before the agreed date.

Environmental Audit

18. The project proponent shall undertake, if the government requires, an independent environmental audit of the project or any part of the project. This independent environmental audit shall be paid for by the project proponent, submitted to the government, and made public 60 days after submission to the government.

Unanticipated Impacts

19. If any unanticipated environmental and social risks or impacts arise during construction, operation, closure, or decommissioning of the project that was not considered in the EIA report or EMPs, the project proponent shall promptly inform the government of the occurrence of such risks or impacts, with a detailed description of the event and a proposed corrective action plan.

GREENHOUSE GAS (GHG) EMISSIONS REPORTING

20. The project proponent shall assess and calculate the GHG emissions from the project in accordance with relevant guidelines and submit an annual report to the government on GHG emissions.

GREENHOUSE GAS (GHG) EMISSIONS MITIGATION

21. The project proponent shall, if required by the government, review GHG emissions and propose mitigation measures to be implemented by the project.

Public Disclosure

22. Before beginning construction, the project proponent shall establish a project website or use the project proponent’s website to disclose information. This proponent shall regularly update the status of the project, copies of all approvals, plans and reports and permits required for the project, and any details of compliance reviews and audits for the project.

23. The project proponent and consultant will disclose information, including the EIA report, the project approval, and the EMP on a publicly accessible website one month after issuing the project approval.

ENVIRONMENT, SOCIAL, HEALTH, AND SAFETY OFFICE

24. The project proponent or contractor shall establish an Environment, Social, Health, and Safety Office responsible for implementing the EMP and monitoring and compliance with the construction EMP and the operational EMP.

POLLUTION PERMITS, LICENSES OR APPROVALS

25. The project proponent shall apply for any pollution permits or licenses, as required when a pollution control system is established. Nothing in the project approval exempts the project from compliance with a requirement in the future for pollution control or pollution management permits, licenses, or approval. The project proponent shall comply with all conditions of such permit, license or approval.

Sustainable Production And Consumption

26. The project proponent shall take appropriate measures to ensure the Project’s efficient use of raw materials, energy, and water. The project proponent shall maintain records of raw materials and water used in Project Activities and shall review and record at least every three (3) years whether there are suitable alternative materials that could reduce environmental impact or opportunities to improve the efficiency of use of raw materials and water. The project proponent shall take any further appropriate measures identified by such review.

Community Consultation Committee

27. The proponent will establish a community consultation committee during the operation of the project in consultation with the relevant government.

Community Information Plan

28. Before the commencement of construction, the proponent shall prepare and implement a community information plan that sets out the community communication and consultation processes to be implemented during the construction and operation of the project.

Dispute Resolution Conditions

Complaints and Operational Grievance Mechanism

29. The project proponent shall establish an operational grievance mechanism (OGM), including a tracking and documentation system. The project proponent shall establish a complaint and problem management mechanisms in compliance with Article 31 of United National Guiding Principles on Human Rights and Business and, where necessary, a community consultative committee is functioning effectively to: a. review and document eligible complaints of project stakeholders; b. proactively address grievances; c. provide the complainants with notice of the chosen mechanism or action; d. prepare periodic reports to summarize the number of complaints received and resolved and final outcomes of the grievances and chosen actions, and make these reports available to the government upon request.

30. Eligible complaints include those related to the project, any contractor or subcontractor, any person responsible for carrying out the project, complaints on misuse of funds and other irregularities, and grievances due to any safeguard issues, including resettlement, environment, and gender.

Project Complaints Procedure

31. Prior to the commencement of construction, the proponent shall make the following available for community complaints for the life of the project (including construction and operation) or as otherwise agreed by the government: a. a 24-hour telephone number on which complaints about construction and operational activities at the site may be registered; b. a postal address to which written complaints may be sent; c. an email address to which electronic complaints may be transmitted. The telephone number, postal address and e-mail address shall be advertised in a newspaper circulating in the area on at least one occasion before the commencement of construction, at six-monthly intervals during construction, and for a period of two years following start of operation of the project. The proponent shall also provide these details on an internet site as required by the ECC. The telephone number, the postal address and the email address shall be displayed on a sign near the entrance to the site(s) in a position that is visible to the public.

Worker Grievance Mechanism

32. The proponent shall establish a mechanism to resolve workers’ complaints during the project’s operation, including responding to any complaints arising from accommodation conditions.

Environmental Management

33. The project proponent will ensure that the project complies with the following environmental standards during all stages of the project.

Emission Standards

• Any additional proposed project environmental quality guidelines and standards, described in the EIA Report, as accepted by the government

• Other international standards or guidelines

• Industry good practice

Ambient Standards

• Any additional proposed project environmental quality guidelines and standards, described in the EIA report, as accepted by the government.

34. The project proponent shall use the best available techniques in complying with these environmental conditions unless otherwise specified in the project approval.

Waste Management

35. The project proponent shall ensure that waste, including hazardous waste and chemicals, is managed in accordance with IFC Environmental, Health, and Safety Guidelines and the EIA report.

HAZARDOUS WASTE MANAGEMENT (INCLUDING CONTAMINATED WASTE)

36. The project proponent shall ensure that hazardous materials are handled, stored, and transported to avoid leaks, spills, or other types of accidental releases into soils, surface water, and groundwater resources and ensure that a hazardous waste management plan is prepared and implemented in compliance with the IFC Environmental, Health, and Safety Guidelines and the Guidelines on Hazardous Materials Management 1.5. Hazardous waste must be documented and all records on the location disposal must be available for inspection by the government and must be included in the semi-annual and annual report.

The project proponent is responsible to ensure that hazardous waste does not cause harm to the environment or people.

Environmental And Social Management System

37. During construction, the site will operate under a construction environmental management plan (CEMP), comprising various environmental and social management plans required by the project approval.

38. During operation, the site will operate under an operational environmental management plan (OEMP), comprising various environmental and social management plans required by this project approval.

Biodiversity Protection

39. If there are impacts on threatened or endangered species, a qualified consultant shall prepare a biodiversity protection plan in accordance with the details in the EIA report and EMP.

• The project proponent shall ensure that the Biodiversity Management Plan is updated on a regular basis to ensure that all endangered and threatened species are protected

• The biodiversity management plan shall prohibit taking or killing endangered or threatened species in the area.

Workers Accommodation

40. Prior to beginning construction, the project proponent shall submit to relevant approval authority complete details, including layout and location and detailed designs, of the worker accommodation and all facilities proposed for the workers.

41. All worker accommodation must meet minimum standards under national law and all occupational health and safety standards, including IFC Guidance on Workers’ Accommodation according to process and standards and IFC Performance Standard 2.

42. The project proponent shall complete and submit to the government the checklist attached to the IFC Guidance on Workers’ Accommodation: Process and Standards.