baucau cement project: cement plant, marine jetty and ... · 1. cement plant, marine jetty, belt...

TL CEMENT, LDA

Baucau Cement Project: Cement

Plant, Marine Jetty and Conveyor

Belt

EIA Terms of Reference

301012-02135 – 301012-02135-EN-REP-0001

21 August 2015

Level 7, QV1 Building,

250 St. Georges Terrace

Perth WA 6000

Australia

Telephone: +61 8 9278 8111

Facsimile: +61 8 9278 8110

www.worleyparsons.com

ABN 61 001 279 812

© Copyright 2015 WorleyParsons

TL CEMENT, LDA

BAUCAU CEMENT PROJECT: CEMENT PLANT, MARINE JETTY AND CONVEYOR BELT

EIA TERMS OF REFERENCE

Page iii 301012-02135 : 301012-02135-EN-REP-0001 Rev C: 21 August 2015

CONTENTS

1. INTRODUCTION ........................................................................................................... 1

2. BACKGROUND INFORMATION .................................................................................... 2

2.1 Project Purpose and Need .......................................................................................... 2

2.1.1 Cement Plant, Marine Jetty, Conveyor Belt, and Associated Infrastructure 2

2.1.2 Environmental Authority agreements .......................................................... 3

3. DETAILS OF PROJECT PROPONENT ............................................................................. 4

4. DETAILS OF EIS CONSULTANTS AND SPECIALISTS .................................................... 5

4.1 Local presence ............................................................................................................ 5

5. LEGAL REQUIREMENTS .............................................................................................. 11

5.1 Environmental legislation ......................................................................................... 11

5.2 Biodiversity and protected areas legislation ........................................................... 12

5.3 Land legislation ......................................................................................................... 14

5.4 Mineral Resources/Mining legislation ..................................................................... 14

5.5 Agriculture and Fishing legislation.......................................................................... 14

5.6 Labor legislation ....................................................................................................... 15

6. STUDY AREA .............................................................................................................. 16

6.1 Study Geographical Area .......................................................................................... 16

6.1.1 Environmental Impacts and cross border significance .............................. 17

6.2 Study Time Line ........................................................................................................ 19

7. SCOPE OF WORK FOR EIS STUDY .............................................................................. 21

7.1 Project Description ................................................................................................... 21

7.1.1 Cement Plant ................................................................................................. 21

7.2 Description of the Environment ............................................................................... 27

7.2.1 Climate .......................................................................................................... 27

7.2.2 Topography ................................................................................................... 27

7.2.3 Geology and geomorphology ...................................................................... 27

7.2.4 Air Quality ..................................................................................................... 28

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Page iv 301012-02135 : 301012-02135-EN-REP-0001 Rev C: 21 August 2015

7.2.5 Noise .............................................................................................................. 30

7.2.6 Surface water ................................................................................................ 31

7.2.7 Groundwater ................................................................................................. 32

7.2.8 Coastal and marine waters .......................................................................... 34

7.2.9 Terrestrial Ecology ........................................................................................ 34

7.2.10 Marine Ecology .............................................................................................. 37

7.2.11 Traffic and Transportation ........................................................................... 37

7.2.12 Socio Economic Baseline Study .................................................................... 41

7.2.13 Cultural Heritage .......................................................................................... 42

7.3 Analysis of Alternatives ............................................................................................ 44

7.4 Determination of Potential Impacts of the Proposed Project ................................ 44

7.5 Assessment and evaluation .................................................................................... 45

7.6 Environmental Management Plan ............................................................................ 45

7.7 Public Consultation ................................................................................................... 47

7.7.1 Identified stakeholders ................................................................................ 47

7.7.2 Mechanisms for Public Consultation ........................................................... 49

7.7.3 Consultation to date ..................................................................................... 50

7.7.4 Consultation for TOR ................................................................................... 51

7.7.5 Consultation during Study Phase ................................................................ 52

7.7.6 Public Access to the Draft EIS ...................................................................... 52

7.7.7 Public Meeting .............................................................................................. 52

7.7.8 Revision of the Draft EIS/EMP ...................................................................... 53

7.7.9 Public Review of Draft EIS/EMP .................................................................... 53

8. FLEXIBILITY ................................................................................................................ 54

Appendices

APPENDIX 1 - RECORDS OF PUBLIC CONSULTATION TO DATE

APPENDIX 2 - COPY OF PUBLIC NOTICE OF PROPOSED CATEGORY A PROJECT

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Page 1 301012-02135 : 301012-02135-EN-REP-0001 Rev C: 21 August 2015

1. INTRODUCTION

TL Cement LDA, a privately-owned company, proposes to construct a greenfield cement

manufacturing project in Baucau Municipality, Timor-Leste (Baucau Cement Project). In

accordance with Decree Law 05/2011, Environmental Licensing Law (ELL), the project

proponent has submitted an Application for Environmental License for this project to the

National Directorate of the Environment (NDE). Per the Notice of Classification issued by

NDE on 20 July 2015, the project has been divided into four components:

1. Cement Plant, Marine Jetty, Belt Conveyor, and associated infrastructure

2. Limestone Mine

3. Clay Extraction

4. Road Improvements and New Roads

The purpose of this document is to provide a proposal for the Terms of Reference for the

environmental assessment of Component 1: Cement Plant, Marine Jetty, Belt Conveyor, and

associated infrastructure. The remaining components will be addressed in other

environmental assessments to be submitted separately.

The NDE has classified this component of the Baucau Cement Project as a “Category A”

project, and must go through the environmental assessment process, including preparation

of an Environmental Impact Statement (EIS). Before preparing and submitting the EIS for this

component of the proposed project, the Terms of Reference for the study must be approved

by the Environmental Authority. This TOR has been developed based on a scoping phase

carried out for the project, which is intended to establish the framework of activities and

impacts that will require further investigation during the EIS study phase.

This document will also be used to ensure that the public have an opportunity to comment

on the proposed TOR.

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2. BACKGROUND INFORMATION

2.1 Project Purpose and Need

TL Cement LDA, a privately-owned company, proposes to construct a greenfield cement

manufacturing project in Baucau Municipality, Timor-Leste. The project will produce

approximately 1.65 million tons per annum (mtpa) of Portland cement clinker.

Portland cement is the basic ingredient of concrete. Concrete is formed when Portland

cement creates a paste with water that binds with sand and rock to harden. Cement is

manufactured through a closely controlled chemical combination of calcium, silicon,

aluminum, iron and other ingredients. Common materials used to manufacture cement

include limestone, shells, and chalk or marl combined with shale, clay, slate, blast furnace

slag, silica sand, and iron ore. These ingredients, when heated at high temperatures form a

rock-like substance known as clinker. Clinker is then ground to a fine powder, along with

gypsum and other substances to produce useable cement. Clinker, if stored in dry

conditions, can be kept for several months without appreciable loss of quality. Because of

this, and because it can easily be handled by ordinary mineral handling equipment, clinker

is traded internationally in large quantities.

The proposed project will provide cement clinker for both domestic use and international

sale. A feasibility study is currently being undertaken to demonstrate the commercial

viability of the project.

The proposed project represents a significant investment of approximately $350 million and

the largest industrial project undertaken in Timor-Leste to date. It is anticipated to create

3000 jobs at the peak of the construction. It will then continue to have 1,000 permanent

employees during operation. The project aims to develop local capacity and will develop a

training center.

The spin off benefit would be indirect employment to local community members, through

the multiplier effect due to downstream socio-economic benefits and consequent

improvement in the living conditions of local population in the project area.

2.1.1 Cement Plant , Marine Jetty, Conveyor Belt , and Associated

Infrastructure

All of the items included in this project component are critical to the success of the Baucau

Cement Project. The cement plant will process the raw materials to produce cement clinker

for domestic use and international sale. The marine jetty will be used to import raw

materials not available locally including coal, iron ore, and gypsum and to export the clinker

product. The conveyor belt will be used to transport materials to and from the marine jetty.

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2.1.2 Environmental Authority agreements

The Environmental Authority for this proposed project is the National Directorate of the

Environment (NDE). The project proponent has consulted with the NDE throughout the

project initiation and scoping phases. In June 2015, the project Proponent resubmitted the

Application for Environmental License and the Project Document to NDE. The Project

Document was approved on the 20 July 2015, however the NDE categorised the components

as follows:

Industry of cement producing 1.65 million tons per annum of cement,

construction of 2km Jetty, belt conveyor of 2km, construction of camp and 120

residential site, solar panel instillation, groundwater drilling, were classified as a

category A.

Limestone mine is classified as category A

Clay extraction is category A

Road improvement and new roads are classified as a category B

The NDE requested that TL Cement submit a TOR for the Environmental Impact Statement

(EIS) and Environmental Management Plan (EMP) for each Category A component and a

Simplified EIS for the Category B component. The purpose of this document is to provide a

proposal for the Terms of Reference (TOR) for the environmental assessment of the Cement

Plant, Marine Jetty, Conveyor Belt, and Associated Infrastructure components of the project,

in accordance with Decree Law 05/2011 - Environmental Licensing Law (ELL).

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3. DETAILS OF PROJECT PROPONENT

TL Cement LDA was registered in Timor-Leste as a new company to develop the Baucau

Cement Clinker Plant project. The contact details of the Project Proponent are given below:

Name of Proponent: TL Cement LDA

Local Address: Rua Complexo Hotel Ramelau Aimutin Comoro, Dom Aleixo

Dili, Timor Leste

Perth Address: Level 5, 22 Mount Street

Perth, Western Australia 6000

Phone (Dili): +670 331 1206

Phone (Perth): +61 8 9261 1965

Contact Person: Mr. James Rhee

Title: Managing Director

Phone: +61 400 317 811

Email: [email protected]

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4. DETAILS OF EIS CONSULTANTS AND SPECIALISTS

WorleyParsons will lead the environmental assessment process, conduct the environmental

and social baseline studies, and prepare the Environmental Impact Statement (EIS) and

Environmental Management Plan (EMP). Globally, WorleyParsons is a leading provider of

professional services to the infrastructure and resource industries. WorleyParsons has been

involved in environmental management for decades and has a proven track record of

delivering innovative solutions for our customers. WorleyParsons offers a full suite of

environmental services, which cover all aspects from planning to detailed design and

implementation. Services include engineering and environmental services to assist in site

selection, site analysis, site layout, and design. One of the key differentiators to

WorleyParsons’ environmental assessment approach is our ability assemble multi-

disciplinary, in-house teams, including but not limited to engineers, urban planners, GIS and

mapping specialists, geotechnical engineers, environmental scientists, social impact

specialists, and hydrology engineers. These teams are led by experienced environmental

assessment professionals who are capable of integrating the technical aspects of all

disciplines into a tailored solution. Our ability to draw upon all of these resources internally

streamlines the project delivery process and ensures reliable quality for the customer.

4.1 Local presence

WorleyParsons established an office in Timor-Leste in 2010 to provide our customers with

the advantages of local content and an ‘on-the-ground’ understanding of local conditions.

WorleyParsons Timor-Leste has delivered several major projects nationwide for the

Government of Timor-Leste, TIMOR GAP, and international development agencies, including

engineering feasibility, engineering design, and environmental assessment projects.

As a local company, WorleyParsons is very familiar with the project site and understands the

challenges of working in Timor-Leste. With the delivery team located in-country,

stakeholders are assured of unrestricted and long-term access to our personnel and

resources. Our multi-disciplinary team has extensive experience with delivery of

environmental studies in Timor-Leste.

We will be supported by two sub-consultants with extensive experience in Timor-Leste,

including:

Bita Bina Semesta (BBS): BBS is based in Bandung, Indonesia and maintains a

locally-registered project office in Dili, Timor-Leste. BBS specializes in 'front end'

type works, including planning and environmental studies for transport, resources,

urban development, infrastructure and industrial development. BBS has become a

regional leader in the preparation of environmental impact assessments that meets

international standards. BBS recently worked with WorleyParsons to deliver

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environmental studies in support of the Dili Drainage EIA for the Ministry of Public

Works.

InSight Consulting: Insight is a Timorese-owned organization based in Dili

conducting research into public attitudes in the country. Their work is intended to

advance the mutual interest of stakeholders, civil society and the people of Timor

Leste. They have a proven record as a credible research agency, based on sound

principles of investigation and an intimate knowledge of the country. Their

greatest emphasis is on compiling accurate information in a fully accountable way.

Insight recently worked with WorleyParsons and BBS on the Dili Drainage EIA

environmental studies.

The environmental assessment will be undertaken by a team of specialists with world-class

expertise and extensive experience in Timor-Leste.

Key Personnel Qualifications and Experience

Chris Serjak

Study Manager

MSc, Sustainable Development, University of London

Chris is the Country Manager for WorleyParsons’ Timor-

Leste operations. He has 18 years of experience in

environmental management, infrastructure development,

and sustainable international development. He has five

years of experience in Timor-Leste working on

environmental projects, community-driven development,

local content, and offshore petroleum projects. Chris

recently completed a year-long study of the environmental

licensing process in Timor-Leste and is an expert on the

local regulatory framework. He has led the Dili Airport

Environmental and Social Scoping Study and provided

consulting services on the environmental licensing process

for the Suai Supply Base project. As a certified project-

manager, Chris understands how to manage

interdisciplinary teams to deliver projects that meet client

expectations.

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Dr. Colin Trainor

Terrestrial Ecology - Fauna

PhD (Science)

During 1997-2002, Colin worked internationally as an

ecologist with BirdLife International, leading biodiversity

assessments, particularly of forest birds, in Indonesia and

East Timor (Timor-Leste). In Timor-Leste (2002-2014), work

included a PhD thesis involving systematic survey of birds,

mammals, reptiles, ants and trees across a 2,000 km2

district, and consulting projects on transmission and

proposed hydropower works at Baucau and Iralalaro in

Timor-Leste; shorebird and waterbird assessments; bird

species rediscoveries. In Timor-Leste has worked on

establishment of a protected area, wrote and published a

field guide to the birds of East Timor and a site priority

guide.

Dr. Don Franklin

Terrestrial Ecology - Botany

PhD (Science)

Ecologist with extensive experience in temperate and

tropical Australia and Timor-Leste, specialising on flora and

vegetation surveys and bird ecology and conservation. Has

published two books, 11 book chapters and 93 peer-

reviewed articles on plants, birds and insects in the

disciplines of ecology, biogeography and conservation

biology. Has spent more than 2 months exploring the birds,

butterflies and plants of Timor-Leste.

Claudio del Dio

Marine Ecology & Coastal

Proceses

BSc (Hons) Marine Natural / Environmental Science

Claudio is a multi-skilled consultant with 6 years’

professional experience as a Marine Ecologist and more than

12 years as commercial diver (offshore and inshore).

Claudio has experience in monitoring of benthic primary

producer habitats, water quality, marine sediment analysis

programs and habitat mapping. His capability and

experience also includes marine geophysical surveying in

shallow coastal areas. Claudio was recently responsible for

design and implementation of an 8-month marine

sedimentation survey on the south coast of Timor-Leste.

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Lindsay Furness

Groundwater/Geohydrology

MA, Hydrogeology and Engineering Geology

Mr Lindsay Furness has over 38 years’ experience in

groundwater and water resource management in 14

countries for ADB, WB, UNESCO, WHO, AusAID, NZAID. He is

a Fellow of the Australian Institute of Geosciences

(Registered Professional Geoscientist), a member of the

International Association of Hydrogeologist and the National

Association of Ground Water Scientists and Engineers (US).

Lindsay Furness made a preliminary study of the caves and

springs of the Baucau Aquifer in 2004 under an ADB water

resources assessment for Timor-Leste in relation to

Agricultural irrigation. In 2010 he was appointed as the

Timor-Leste Water Resources and Climate Adaptation

Specialist in the National Department of Water Resources

(DNGRA), where he was responsible for carrying out several

surveys of the Baucau geohydrology.

Dr. Nuno Oliveira

Cultural Heritage &

Archaeology

PhD, Archaeology & Archaeobotany

Dr. Nuno Oliveira is currently the Cultural Heritage Adviser

for the Timor-Leste Secretary of State for Arts and Culture

where he has led development of cultural heritage

management programs and policies including the National

Cultural Policy, Cultural Strategic Plan, Resolution on

Protection of Cultural Heritage and ratification of UNESCO’s

main conventions on cultural heritage. Prior to this role, Dr.

Oliveira conducted extensive research in Timor-Leste for the

Australia National University (ANU), completing his

dissertation on early subsistence practices and agriculture in

Timor-Leste. His research included extensive fieldwork and

excavations near the proposed project location.

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Dr. Kania Dewi

Air Quality

PhD, Environmental Engineering

Dr. Kania has 10 years’ experience as an Air Quality Expert

conducting monitoring and modelling of air quality impacts

for EIAs and EMPs. She has extensive experience with

mining and hydrocarbons projects throughout Indonesia.

Dr Kania has conducted multiple pollutant and GHG

emissions inventories and completed climate change

assessments. She has also completed modelling and

assessment of impacts from cement plants. Dr. Kania

recently completed a baseline air quality assessment for the

Dili Drainage EIA environmental studies in association with

WorleyParsons.

Dr. IB Ardhana Putra

Noise

PhD, Engineering

Dr. Ardhana has 16 years of experience in noise impact

assessment, modelling, and management. He has published

nearly 40 papers on noise over the past 27 years and is a

former Head of Academic Development Program at Bandung

Institute of Technology and a current advisor to the

Indonesian Ministry of Environment. He has extensive

experience with measurement, analysis and mapping of

noise condition at oil and gas facilities and power plants, as

well as airports and roads.

Titi Liliani Soedirdjo

Traffic

MSc, Highway and Traffic Engineering

Ir Titi has 34 years of experience in traffic engineering,

traffic surveys, and traffic impact assessments. He has been

a lecturer at Bandung Institute of Technology since 1981

and a consultant on traffic and railways. He has been

involved in several studies in Timor-Leste, including

modelling the traffic signalization and signage for Dili in

2002 and a traffic impact assessment for the Dili Drainage

EIA.

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Dr. Hisyam Achmad

Social Impact

PhD, Anthropology

Dr. Hisyam has over 40 years’ experience in social sciences

and anthropology. In the past 10 years, Dr. Hisyam has

worked for BBS completing several socio-economic and

resettlement impact studies for projects throughout

Indonesia, including public consultation, field surveys, and

resettlement planning. He has extensive experience with

IFC Guidelines and Indonesian AMDAL. He recently

completed a socio-economic and resettlement impact

assessment for the Dili Drainage EIA project.

These specialists will be supported by a team of local Timorese staff including

environmental specialists, social specialists, and field surveyors.

Local staff will also be hired as field assistants from the local area to ensure access to local

knowledge and to promote public consultation.

In addition, wherever possible, the environmental assessment process will involve

participation from local communities and mentoring of Timor-Leste university students,

especially during field survey activities.

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5. LEGAL REQUIREMENTS

This section identifies the legislation and guidelines governing the conduct of the EIA study

and preparation of the EIS and EMP. This section also identifies other applicable laws,

regulations, guidelines, and standards governing environmental quality, health and safety,

protection of protected areas and sensitive areas, protection of vulnerable and endangered

species, land use control, and other environmental and social issues.

5.1 Environmental legislation

Decree Law 26/2012

Environment Basic Law (EBL)

The EBL (also sometimes called the Environmental

Framework Law) sets the overall framework for

environmental protection in Timor-Leste. Articles 14, 15

and 16 of the Decree define the instruments for

environmental standards, environmental assessment and

licensing and environmental monitoring respectively for

Environmental Assessment (EA).

Decree Law 5/2011

Environmental Licensing Law

(ELL)

The object of the Decree Law is to create a system of

environmental licensing for public and private projects

likely to produce environmental and social impacts. This

system of licensing is based on assessing the size of the

potential impacts of projects taking account of their

nature, size, technical characteristics and location. Decree-

Law No. 5/2011 elaborates the licensing requirement and

the EIA procedure in Timor-Leste. Article 4 of the Decree

defines the categories of projects and the Type of EA

procedure required. The classification of projects is made

in accordance with Annex I and II of the Decree. The

proposed project has been classified by the NDE as a

‘Category A’ project “that may potentially cause significant

environmental impacts, and [is] subject to the procedure of

Environmental Impact Assessment (EIA) and Environmental

Management Plan (EMP).”

Draft Ministerial Diploma for

General Regulations for

Environmental Assessment

The Asian Development Bank (ADB) has prepared detailed

requirements for Screening, Scoping and the Terms of

Reference, Environmental Impact Statements and

Environmental Management Plans for Environmental

Assessment. Although these guidelines have not been

formally adopted, they are in practical use by NDE.

Draft Ministerial Diploma The Asian Development Bank (ADB) has prepared detailed

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Regulation on the Public

Consultation Procedures

requirements for Public Consultation Procedures and

Requirements during the Environmental Assessment

Process. Although these guidelines have not been formally

adopted, they are in practical use by NDE.

5.2 Biodiversity and protected areas legislation

UNTAET Regulation 2000/19

on Protected Places

UNTAET Regulation 2000/19 is still in force and used by

the Forestry Department, although it is intended to be

replaced by a draft Decree Law on Protected Areas, a draft

Decree Law on Forestry, and the draft Decree Law on

Biodiversity. Section 3 provides for the protection of

endangered species and their habitats. The killing,

injuring, harming, taking or disturbing of any endangered

species is prohibited. The destruction in any way of the

habitat of an endangered species is also prohibited.

Section 4 provides for the protection of coral and coral

reefs. Section 5 provides for the protection of wetlands and

mangrove areas. Section 6 provides for the protection of

monuments, buildings and other sites which have been

designated as “property of cultural, artistic or historic

significance to the people of East Timor.”

UNTAET Regulation 2000/17

on the Prohibition of Logging

Operations and the Export of

Wood from East Timor

UNTAET Regulation 2000/17 also remains in force at

present. Section 2 prohibits the cutting, removal, and

logging of wood from land in East Timor. It also prohibits

the burning or any other destruction of forests. These

prohibitions are subject to Section 3 which allow for

exemption to be authorised for certain logging activities.

Draft Decree Law on Forest

Management, draft 7, received

August 2013

The cutting of “forest trees” and harvesting of other forest

products in any zone is prohibited unless specifically

authorized by the National Director of Forestry (Article 61).

The Director may give authorization for such cutting and

harvesting if it would be in accordance with this law and

other legislation, any community guideline agreements or

with the forest management plan. The Director must take

into consideration the forest management plan,

conservation of the soil and water of the area, ecology and

biodiversity of the area, and any other technical

specifications determined by the National Director. Article

61.2 allows for community cutting of trees and harvesting

other forest products without authorization, when used for

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traditional purposes.

Article 67 provides for measures to prevent deforestation.

No-one is allowed to cut, damage, destroy, remove,

transport, purchase, sell, donate or otherwise acquire or

dispose of any tree, unless that tree is private property or

the person has a Community Forestry Management

Agreement or a permit/authorization from the National

Director.

It is an offence under Article 86 for any person to pollute

or contaminate land in any Protected Area with chemicals,

industrial waste or organic or other polluting substances.

Draft Decree Law on

Biodiversity, dated March

2012

When preparing an SEA, EIS, EMP or any other

environmental assessment, the proponent must include an

assessment of the potential impacts of the proposal on

biodiversity and biological resources. This assessment

must include: (a) Impacts on any natural ecosystems and

habitats located within or near the proposed site, in

particular the habitat of any protected species and critical

habitat; (b) Impacts on any legally protected areas, as well

as any areas the subject of cultural or traditional protection

mechanisms such as Tara Bandu; (c) Impacts associated

with invasive alien species on or near the proposed site; (d)

The sustainability of any proposed use of biological

resources; and (e) Proposed measures to avoid, minimize,

or mitigate identified impacts, and measures to offset or

compensate for any affected biological resources and

impacts on biodiversity.

In analyzing any environmental assessment and before

deciding to grant an environmental license, the decision-

maker must take into account whether granting approval

for the proposed activity would be consistent with the

purpose and principles of the draft Biodiversity Decree

Law. In particular, the Decision-maker must be satisfied

that: (a) Any adverse impacts and risks identified in the

assessment are deemed satisfactory; (b) Adequate

measures to avoid, minimize, or mitigate identified adverse

impacts have been identified and will be implemented; (c)

As a last resort, adequate compensatory measures, which

are designed to achieve no net loss of biodiversity, have

been identified and will be implemented by the proponent

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to offset or compensate for any impacts on biodiversity

and affected biological resources; (d) The proponent has

prepared, in close consultation with affected local

communities, a comprehensive plan that includes details

about all necessary remedial and restoration efforts, and is

satisfied that the plan will be implemented at the

proponent’s expense.

5.3 Land legislation

Draft Expropriation Law Property may only be expropriated for the public interest

and upon timely payment of fair compensation (Article 1).

Only the State can order expropriation (Article 5).

There must be public consultation on any project requiring

expropriation of private or community property (Article

13), and the documents made available to the public for

consultation and public hearings must include any

environmental, social or economic impact assessment

studies (Article 15.4).

5.4 Mineral Resources/Mining legislation

Ministerial Diploma 01/2008

on Licensing of Mining

Activities

The diploma sets out the procedure for granting of

licenses for exploitation of mineral resources related to the

construction industry, including sand, sandstone, and site,

basalt, diorite, limestone, and marble. The Environmental

License for the project is a precondition of granting the

mining license. The diploma requires reasonable

environmental protection during the exploration process.

The diploma prohibits the extraction of beach sand. The

diploma sets out requirements for expropriation of private

land or property.

Draft Mining Code A draft Mining Code has been prepared which is still in its

preliminary stages and has not yet been submitted for

public consultation. It is understood that the Mining Code,

as drafted, contains provisions requiring projects to adhere

to the ELL and obtain an environmental license.

5.5 Agriculture and Fishing legislation

Decree Law 6/2004 On

General Bases of the Legal

The Decree-Law responds to the need of regulating fishing

activities so as to contribute to the attainment of objectives

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Regime for Fisheries and

Aquaculture Management and

Regulation (amended by

Decree Law 4/2005)

on the economic and social development policies of the

country while simultaneously ensuring the protection and

conservation of species, as well as their continuous and

sustainable exploitation. It also establishes the legal

regime for aquaculture. Prohibits the introduction into

national maritime waters and hydrographical basis of

Timor-Leste of any substances or toxic objects likely to

cause infection, and which poisons or destroys fishing

resources, algae or any aquatic flora species. Any person,

entity, factory or company is prohibited from discharging

wastewaters originating from industrial or commercial

activities into national waters if such wastewaters are likely

to stun, poison or lead to the destruction of fishing

resources or any other aquatic species. Any facility which

intends to discharge wastewaters into maritime waters or

hydrographical basins requires the prior opinion from the

Minister responsible for fishing and aquaculture. The prior

opinion from the Minister responsible for fishing and

aquaculture is required for any intended works or

installation in national maritime waters, on the seafront up

to 100m from the coastline or in hydrographical basins

where there are fishing or aquaculture activities.

5.6 Labor legislation

Law 4/2012 Labor Code The duties of the employer include providing workers with

good working conditions, prevention of risks from diseases

and occupational accidents, providing workers with

information and equipment necessary to prevent such

risks.

The employer is under a general obligation to provide

appropriate health and safety conditions, to prevent

accidents and dangers, and to reduce risks.

Employers must ensure that workers are not exposed to

risks that are harmful to their health, and must promote

awareness programs. Where necessary, employers must

provide safety equipment to workers.

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6. STUDY AREA

In accordance with the NDE Guidelines, this section describes the geographical area of the

environmental assessment study and also the proposed timeline for the study.

6.1 Study Geographical Area

The study area for the project will incorporate direct and indirect potentially significant

impacts of the proposed project.

In particular, the study area for this TOR will encompass the following physical components

of the proposed project as shown in Figure 1

New Cement Plant of 1.65 mtpa clinker capacity

Marine Jetty

Enclosed Pipe or belt Conveyor from Jetty to Cement Plant

30 MW Circulating Fluidized Bed (CFB) boiler power plant built to supply power for the

cement plant and plant residential area.

Waste heat recovery based power plant to supply power for the cement plan and plant

residential area

Construction Camp and Worker Residential Area

The proposed cement plant and marine jetty are located in Suco Tirilolo, Aldeia Ossolla, in

the Baucau administrative post of Baucau municipality, Timor-Leste. The location is about

120km east of Dili and approximately 16km west of Baucau.

Suco Tirilolo has an estimated population of 3678, according to the WP baseline survey

data. There are three elementary schools, One Pre-Secundaria School and one Secondary

schools and one clinic. The main source of livelihood is subsistence agriculture, including

crops such as corn, peanuts, cassava and sweet potato. Traditional fishing also occurs in

Osso-ua.

Component Latitude Longitude

Cement Plant -8.4520 126.3424

Jetty -8.4438 126.3433

Conveyor belt -8.4520 to -8.4438 126.3424 to 126.3433

Construction camp and

Residential area

Adjacent to cement plant Adjacent to cement plant

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Table 1: Coordinates of project components

The location of all of the project components including, the plant, limestone mine,

conveyor, jetty site and clay extraction site are show in Figure 1.

6.1.1 Environmental Impacts and cross border significance

The Specialist studies will encompass an adequate buffer zone around these physical

components to ensure any possible environmental, social, or culturally sensitive receptor is

identified. Where appropriate, a larger study area will be delineated where environmental

effects extend beyond project boundaries such as air quality and noise or impacts to surface

waters and groundwater aquifers.

Similarly, it is recognized that the social and socio-economic impacts of the projects extend

beyond the immediate project environs to the larger Baucau municipality and, in some

cases, to the rest of the country. However, there are no trans-boundary/trans-border

environmental issues.

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Figure 1: Location of all project components

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6.2 Study Time Line

The EIA process will be carried out from July 2015 to January 2016, as detailed in Error! Reference source not found.. The Draft EIA will be

issued to the public for review in mid-Sep 2015 and a public meeting to be held in early October 2015, allowing for consideration of public

comments prior to submission of the Draft EIA to NDE. The Draft EIA will be submitted to NDE in mid-October initiating the formal NDE and

public review period, including a public meeting to be organized by NDE. Following completion of the review period, the EIA will be revised

and a Final EIA submitted to NDE in late December 2015.

Table 2 EIA Study Time Line

Task 11-Jul

18-Jul

25-Jul

1-Aug

8-Aug

15-Aug

22-Aug

29-Aug

5-Sep

12-Sep

19-Sep

26-Sep

3-Oct

10-Oct

17-Oct

24-Oct

31-Oct

7-Nov

14-Nov

21-Nov

28-Nov

5-Dec

12-Dec

19-Dec

26-Dec

2-Jan

Application for Enviro License

9-Jul

NDE Review of Application

NDE Categorization of Project

20-Jul

Preparation of Draft TOR

Submit Draft TOR to NDE

NDE & Public Review of Draft TOR

Public Scoping Meeting

Preparation of Draft EIA

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Task 11-Jul

18-Jul

25-Jul

1-Aug

8-Aug

15-Aug

22-Aug

29-Aug

5-Sep

12-Sep

19-Sep

26-Sep

3-Oct

10-Oct

17-Oct

24-Oct

31-Oct

7-Nov

14-Nov

21-Nov

28-Nov

5-Dec

12-Dec

19-Dec

26-Dec

2-Jan

Public review of Draft EIA

Public Meeting

Revision of Draft EIA

Submit Draft EIA to NDE

NDE Technical Evaluation Period

Public Review Period

Preparation of Final EIA

Submit Final EIA

Environmental Licensing Decision

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Page 21 301012-02135 : 301012-02135-EN-REP-0001Rev C : 21 August 2015

7. SCOPE OF WORK FOR EIS STUDY

This section is intended to identify the tasks to be carried out, information to be collected,

information deficiencies to be addressed, studies to be carried out, methodologies to be

used, and any other tasks to be undertaken during the EIS study. This scope of work

focuses on providing information on how such studies will be carried out. The studies will

be carried out during the EIS study phase and not as part of this TOR document.

7.1 Project Description

The EIS will provide a description of the project sufficiently detailed to assess the potential

environmental and social impacts. The project description will describe the nature, size,

and location of the project as well as providing a justification and need for the project.

This section will include maps and illustrations of appropriate scale showing:

• General location

• The area affected by the project

• Specific location of the project

• Projects or developments related to the construction and operation of the project

• Project boundary and project site layout

This section will also provide a brief description of the policies and legislation that are

relevant to the project and demonstrate how the project will be in compliance with such

policies and legislation.

7.1.1 Cement Plant

The plant includes clinkerisation and cement grinding facilities with a rated capacity of

5,000 tons per day (tpd) of clinker and 100 tons per hour (tph) of cement. The plant also

includes a waste heat recovery (WHR) power plant. The plant activities include Raw Material

Crushing and Stocking, Raw Material Grinding and Stocking, Clinkerisation, Cement

Grinding, Cement Stocking and Dispatch. A conceptual design of the plant is shown in

Figure 12 and a layout plan is shown in Figure 13.

The plant is being designed to produce 1.65 million tons per annum (mtpa) of cement

clinker. Of this amount, approximately 0.5 mtpa of clinker shall be ground at the plant into

cement for domestic consumption in Timor-Leste (60%) and for export to the Australian

market (40%). The balance of 1.15 mtpa of clinker will be exported to Australia.

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The flowsheets describing the process of raw meal production, clinker manufacture, and

cement production are shown in Figure 2 Figure 3 Figure 4 Figure 5 respectively.

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Figure 2: Cement Plant conceptual view

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Figure 3: Cement Plant layout Plan

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Figure 4: Raw Material production process

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Figure 5: Cement Production process

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7.2 Description of the Environment

The description of the baseline conditions of the existing environment will address physical,

ecological, economic, social, and cultural components, as well as interactions between these

components.

7.2.1 Climate

Timor-Leste lies in the tropical region where temperature varies within a narrow range the

whole year round. The average temperature in coastal areas is around 27 degrees Celsius

(°C) and around 25°C in the highlands. However, the daily temperatures vary widely during

the day. Timor-Leste has a seasonal dry tropical climate characterized by extreme rainfall

over a short period. There are two annual seasons determined by the monsoon. Torrential

rain storms and cyclones commonly occur in the country. Meteorological data for the

period January to December 2013 as recorded at Baucau Observatory has been collected

from Meteorological Department at the Nicolau Lobato International Airport at Dili and will

be reported in the EIS.

The EIS will also assess the potential project impact on Climate Change resulting from any

increase in emissions of greenhouse gases (GHGs). Quantities of CO2

-equivalent emissions

will be estimated based on the project’s mining, cement manufacturing, power generation,

and transportation components.

7.2.2 Topography

The EIS will provide a detailed description of the landscape topography including maps,

illustrations and photographs of the project site’s landscape and key features including the

limestone mine sites, the clinker plant site, the marine jetty location, and the offsite quarry

locations. Existing land survey data will be used to create a 3D model of the site overlain on

aerial photography to better represent the site’s land forms. This model will be used in the

analysis of other environmental impacts including slope stability, storm water runoff, visual

impacts, land use suitability, or other topographical-related impacts.

7.2.3 Geology and geomorphology

The EIS will review all available geological and geomorphological information and data,

including:

Regional and site specific geological maps and explanatory notes.

Satellite imagery and aerial photography

Geological investigations undertaking for the mining feasibility study

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The project geomorphologist will also conduct a field survey of geology and

geomorphological conditions.

Relevant information required by the ESIA process derived from the desktop study and field

survey will be incorporated into a geological and geomorphology study report.

Baseline data on the following shall be furnished:

�Description of existing situation of the land at the proposed project area including

description of terrain hill slopes, coastal and inland topography, drainage, coastal

features (lowland, beaches, littoral areas), terrain features, slope and elevation.

�Rock types, regional tectonic setting (reported fractures/ faulting, folding, warping),

local geological setting.

�History of seismic activity and associated hazards including earthquakes, landslides,

subsidence, erosion, floods, etc.

Impacts to identified geomorphic values will be identified for both construction and

operation phases. These may include impacts to the watercourses from sedimented runoff,

and direct physical impacts, the most important of which are likely to include interruption to

sediment supply, direct physical impact from excavation machinery and the like. The

impact of sediment removal will be assessed using a simple sediment transport model and

replenishment model. The risk of geomorphic instability (e.g. in-stream erosion heads

resulting from creating an in-stream pit) will be assessed in a semi-quantitative manner

using professional experience.

Using the soil map data of Timor-Leste, dominant soil units within the study area shall be

identified and assessed for the suitability for topsoil recovery.

7.2.4 Air Quality

The preparation of baseline status of the ambient air quality, through a scientifically

designed ambient air quality monitoring network, will be based on the following

considerations:

Metrological conditions on synoptic scan;

Topography of the study area;

Representative of likely impacted area within the study area;

Location of residential areas representing different activities

Air quality monitoring will be conducted on site to establish the baseline ambient

concentrations of the pollutants of concern. The modelling assessment will be conducted to

predict the likelihood of the project impacting sensitive receptors and to identify avoidance

measures or design mitigation measures, if required.

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The air quality specialist will collect baseline climate data from the Baucau airport weather

monitoring station. Baseline air quality monitoring will be undertaken using automated air

samplers to be positioned by the specialist according to the location of potential emissions,

location of sensitive receptors, local climatological characteristics, and other criteria.

The air quality modelling depends on many interrelated factors, e.g. physical and chemical

nature of effluents, meteorological characteristics of the environment, location of the source

with relation to obstructions to air motion, and nature of the terrain downwind from the

sources.

Therefore the availability of reliable and complete data shall produce a refined air dispersion

model. In order to derive a reliable dispersion model, this study shall use well‐established

air dispersion model software that has already been widely applied around the world, i.e.

the AERMOD VIEW software. AERMOD is a steady‐state plume model, which assumes that

concentrations at all distances during a modelled hour are governed by the temporally

averaged meteorology of the hour. The steady state assumption yields useful results since

the statistics of the concentration distribution are of primary concern rather than specific

concentrations at particular times and locations.

Description of Source, Parameters To Be Modelled

The sources of air pollutants shall be identified from the study area; these include the

stationary sources and mobile sources. The type of emitted pollutant to be modelled shall

be defined according to the existing activity, and the emission rates data shall be collected

or calculated using emission factors. Other physical information shall be collected from the

design information and available feasibility studies.

Technical design specification drawings and equipment descriptions will be required to

adequately characterise the emissions profile for the processing plant as well as anticipated

limestone mining techniques.

Meteorological Data

Hourly meteorological data of wind speed, wind direction, cloud cover, pressure, and

temperature for at least one year, shall be collected from the nearest weather station. This

meteorological data shall be processed by the AERMET View for generating a ready format

of meteorological input for AERMOD.

Receptor Data

These include the map of location, topographical data, and land use. The topographical map

of the modelled area shall be extracted from www.webgis.com. This data is available in 1 by

1 degree blocks with an approximate resolution of 90 by 90 meters.

Other Supporting Data

Other supporting data are needed either for running the model or for further analysing the

results of modelling. These data are: background concentration of gases in the ambient air,

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description of buildings nearby or adjacent to the point sources for building downwash

determination (e.g. data of height and location of the buildings), and any data which could

be used for further evaluation.

7.2.5 Noise

A baseline status of the noise intensity will be prepared for the study area. This will include

undertaking extensive noise impact modeling to predict the likelihood of impacts on

sensitive receptors. Identifying avoidance measures and/or designing mitigation measures

will also be discussed.

Defined Area to Be Mapped

The key first stage for noise mapping is to gain an understanding of the area to be mapped

and modelled. The specific geographical area is required to calculate the noise impacts and

the boundary of the area must be clearly defined, in order for the noise level radiated to the

edge and beyond the boundary area to be calculated accurately. Noise sources located

inside the modelling domain will be specifically located and their noise emission profile

characterized.

Characterization 0f Noise Profile

Required information to characterize the noise emission sources are listed as follows:

The number, types and identification number of noise sources within the plant

area ;

Total sound power level (SWL) output of each source; at its maximum operating

capacity;

Directional characteristics of each source (the noise level observed at a constant

distance from the source);

Geometric dimensions of each source;

Complete scaled drawing of the entire plant with exact positions of each noise

source (dominant noise source) and locations of receivers (offices or living

quarters within the plant area and community areas nearby the plant);

Frequency characteristics of each type of noise source in 1/1 octave band spectral

data;

Anticipated location coordinates of all relevant noise sources and receivers; and

Position and geometric dimensions of any reflecting/obstructing structures

between noise sources and receivers

Noise emission information for most plant equipment can be obtained from design

specification data sheets.

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Additional information that may be required to build the noise model is listed as follows:

Time variation of noise emissions;

Ground terrain profile;

Characteristics of the ground cover; and

Meteorological conditions relevant to intention of assessment (e.g, worst case

such as downwind).

The method to collect ambient noise level at some relevant locations will be conducted by

using a sound level meter.

Noise Mapping

The result of predicted noise will be plotted in form of isopleth map. Noise isopleth

(contours) will be generated using a mapping software program. The sound power level (Lw)

of each dominant noise source is used to predict the sound pressure levels (Lp) at a number

of point of 1 m distance from the parallelepiped or the hemisphere surfaces of the source.

The predicted Lp is then extrapolated using the Kriging grid method to create isopleth or

contour lines of equal noise level with 2 or 5 dB difference. Each contour area will be

colored to easily indicate different propagation levels of noise source to areas of interest.

Analysis

The noise impacts will be determined from the predicted noise levels in the contour plots.

The results of analysis will be used as a basis for decision-making purposes. The

assessment will compare the results against identified assessment criteria to quantify the

predicted impacts at the sensitive receptors. Recommendations will be made to mitigate or

reduce noise impacts to acceptable levels and address any residual risk associated with the

operation of the plant.

7.2.6 Surface water

A literature review will be conducted of provided reports in relation to local hydrology,

runoff methodology prediction, geotechnical and rainfall. Local provided rainfall data,

stream flow and soil infiltration data will be analysed to guide calculations of runoff

potential from the sites catchments. The EIA field team will visually survey the site, collect

photographs, and qualitatively describe topography and catchments.

A water balance model will be constructed to determine monthly runoff potential from the

neighbouring streams and catchment to the plant site.

The plant, mine and road infrastructure for the site could be impacted by stormwater runoff.

A qualitative assessment of the stormwater runoff for the site will be made and a surface

water management strategy developed to outline a strategy to manage the quantity and

quality of stormwater runoff from the mine, plant and port sites. The management strategy

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will include surface water management concepts and excludes the design and sizing of

drainage infrastructure. The strategy will recommend monitoring requirements for

construction and operations.

7.2.7 Groundwater

A desktop review will be carried out by the study groundwater specialist on existing data,

reports, maps and images. In particular, the groundwater specialist made a preliminary

study of the caves and springs of the Baucau Aquifer in 2004 under an ADB water resources

assessment for Timor-Leste in relation to Agricultural irrigation. In 2010 he was appointed

as the country Water Resources and Climate Adaptation Specialist in the National

Department of Water Resources (DNGRA) under AusAID and Department of Environment and

Climate Change. In that position he instigated:

Dye tracing experiments to map the connections between the cave streams in

the middle of the Baucau Plateau and the large springs around the perimeter of

the Baucau limestone.

Airborne Electromagnetic and Magnetometer (Airborne EM) mapping of the

Baucau Plateau to assess the thickness of the limestone and possible location of

major fractures and caves carrying water to the major springs.

Water quality and water discharge of the major springs.

Advice on the DNSAS drilling program and to private drilling contractors.

Collaboration with GeoScience Australia on the preparation of the Hydrogeology

Map of Timor, dating of the water at various springs.

Collaboration with CSIRO on TEM surveys around several caves.

The airborne EM study produced very high quality isopach maps of the limestone which can

be used to identify potential spring sources of water in the vicinity of the proposed cement

mining facility. The latest work of CSIRO will be obtained for detailed NMR surveys of

potential drilling sites proposed by the groundwater specialist around the Baucau Airport.

Collection of recent drilling information for the proposed New Baucau water supply and the

water supply for the expanded army camp at Baucau Airport. Analysis of the water levels,

indicative supply and water quality, review of any pumping test analyses.

Meetings will be conducted with the BESIK Rural Water Program to discuss the potential

locations for bores to supply water to the Baucau Cement Plant. This will need to be

carefully designed to avoid interference with:

Major springs in the area that are used for public water supply, bathing,

agricultural irrigation and that have spiritual significance

Proposed water supply location for the Army base at Baucau Airport

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Proposed water supply location for New Baucau

Existing water supply of Baucau.

A meeting will be arranged with a local groundwater drilling company, H2O drilling, either in

Dili or in Dawin to discuss the results of recent drilling activities in the Baucau Limestone.

A Conceptual Hydrogeological Model will be developed based on the knowledge that the

Baucau Limestone is Quaternary to Recent in age and has formed initially on the Baucau

Plateau as the island emerged from the sea and then on the flanks adjacent to the Plateau

and currently in the reefs forming next to the north coast. Thus, the oldest limestone is at

the highest elevation (734 m) and most impacted by karst formation processes. The key fact

is that the Baucau is a karst aquifer with features of caves, fractures, springs, sink-holes,

and no surface water expressions of rivers. Groundwater in the karst is derived from directly

permeating rainfall that readily enters the vughy limestone through a thin terra rosa soil.

The groundwater exists in a bimodal aquifer of low to medium porosity slowly draining into

caves with very high permeability and flow times of days to weeks. Obtaining water supplies

in the karst is extremely difficult as random drilling will mostly fail in crystallised limestone.

Drilling locations have to be found using geophysical methods to locate cavities and caves.

If a cave can be located, supplies of up to 100 l/s are possible, however 20 to 30 l/s are

more likely.

The limestone has a maximum thickness of about 80 metres on the plateau (usually about

40 m) and thins rapidly on the flanks where the underlying Viqueque or Bobonaro

Formations outcrop and cause springs and soaks to develop.

The groundwater specialist is very familiar with the Baucau Plateau region having carried out

numerous surveys of the area. However, the area of the north western side of the plateau

has not been intensively studied and would be of major interest for a water supply to the

Clinker Plant. It is proposed to visit the locations of springs and soak around the rim of the

limestone to ascertain if sufficient water reaches the surface to supply the plant. There is a

very large sink hole in the north of the second limestone mine (approx 1 km diam.) that may

be suitable for the water supply. This area will be traversed and reviewed on the satellite

image and the airborne EM to obtain potential drilling sites. It is noted that a makeup water

supply of 3.15 ML/day is required and it may be possible to obtain this from one or two

boreholes.

An impact assessment will be based on the conceptual model of the karst aquifer, bearing in

mind that karst is extremely difficult to characterise due to the relatively unknown location

of caves and their interconnections, both spacially and over time. (During high water levels

flows can be in different directions than during dry times.) The goal of the impact

assessment will be to recommend a groundwater supply is that is sustainable, and not

interfering with the other major users and environmental requirements in the area. It is

stressed that the supply must also not conflict with spiritual beliefs in the community.

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A management plan will be developed to monitor the groundwater resource at the point of

use (consumption and quality), and to monitor surrounding areas to have data to support

non-interference. There will need to be a standby capacity to allow for unexpected

reductions in the rate of flow of the source.

7.2.8 Coastal and marine waters

The coastal processes in the immediate vicinity of the proposed jetty location and beyond

will be investigated by means of a desk-top coastal processes study and a site visit

undertaken by a qualified marine scientist. The findings from this study will feed into the

overall EIS and draw synergies from the relevant specialists (i.e. Marine Survey) in order to

complete a coastal processes assessment of the site. It is assumed that there will be no

dredging activities which would require assessment of the impact of dredging plumes on

any sensitive marine environments.

7.2.9 Terrestrial Ecology

The description of the terrestrial ecology will be undertaken by specialists in botany and

fauna with extensive experience in Timor-Leste and the region. They will undertake a

detailed desktop review and carry out a field survey at the end of the wet season in

April/May 2015. The study will focus on the key flora and fauna groups occurring in Timor-

Leste, and likely to occur in the Baucau region and study area. Specific attention will be paid

to limestone-specialist taxa – including land snails, spring taxa – including fish - as well as

typical flora and fauna groups. The study will also include mapping of vegetation

assemblages within the project sites (i.e. mine sites and plant site); location and description

of key habitat sites within the project sites; and opportunistic fauna surveys within key

habitat areas.

Desktop Review

There has been little flora or fauna survey on the Baucau plateau. A major study by Metzner

(1977) broadly mapped and described vegetation structure and floristics in the Baucau

municipality. On the Baucau plateau small patches of conservation significant Semi-

deciduous forest were mapped, but these have largely since been cleared. The dominant

habitats on the plateau were classed as “scrub”, “forest-savanna mosaic” and “Eucalyptus

alba” savanna. The description of habitat types in Metzner (1977), including floristic

composition, provides a useful baseline for impact assessments including changes in the

status of vegetation types.

Orchids have been reviewed for Timor-Leste, including some records from the Baucau

plateau. Many are rare, highly restricted in range and to particular lithologies (Silveira et al.

2008).

The significance of the flora and fauna of the karst outcrops, caves and springs is effectively

unknown but may be significant. There has been little to no substantial botanical or

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vegetation classification in the Baucau area, but presence of Eucalyptus alba woodlands may

be significant, and limestone specialist plants are likely to be present.

Fauna surveys on the Baucau plateau include limited collection of freshwater invertebrates

(6 taxa) by Polhemus (Polhemus and Helgen 2004), collection of bats at Baucau and other

sites on the Baucau plateau (Goodwin 1979) and a survey of birds mainly in Baucau town

with limited observations on the plateau (Trainor 2003).

No birds on Timor are known to be karst or limestone specialists, but karst in the Nino

Konis Santana National Park is the richest area on Timor Island for birds. Caves and

overhangs on the Baucau plateau may be significant habitat for cave dwelling bats (e.g.

Diadem Leaf-nosed bat (Hipposideros diademi), Canut’s Horseshoe bat (Rhinolophus canuti),

Timorese Horseshoe bat (Rhinolophus montanus): Armstrong 2006) which are sensitive to

disturbance and habitat loss. There may be limestone specialist reptiles associated with rock

outcrops; and landsnails are especially rich on karst terrain in Timor-Leste (Vince Kessner

pers. comm.).

Field Surveys

There is a data vacuum for the specific study areas, but some key habitats were identified

(tropical forest, Eucalyptus alba woodland; karst, particularly caves, springs, escarpment

and overhangs); plant species (spring associated, limestone associated; tropical forest

species, orchids) and fauna (threatened and endemic species; cave dwelling bats; shrews;

rock dwelling gecko’s and skinks; freshwater fish associated with springs; stygofauna

associated with groundwater in karst terrain). These should be subject to targeted field

survey assessments.

The following methods section focusses attention on the key flora and particularly fauna

groups which will be important to cover in a survey of karst and associated habitats in the

Baucau plateau.

Flora survey and vegetation mapping

Outputs from vegetation surveys can include vegetation or land unit maps, descriptions of

communities and assessment of their distribution and abundance, together with lists of the

more common species.

Flora surveys document the diversity of plant species occurring in an area and often place

less emphasis on quantitative sampling and documenting the structural attributes. They

usually include information on the floristic and habitat associations of the species, but this

may not be as quantitative as for a vegetation survey. Flora surveys are ideally undertaken at

the best time of year for detecting the most plant species. In areas with highly seasonal

rainfall distribution this is at the end of the wet season.

Methods for survey of vegetation communities, habitats, and specific flora are detailed in

Table 3.

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Table 3 Flora survey and vegetation mapping methodology

Survey

group

General

survey

Targeted survey Methods

Vegetation

communities

& habitats

Study

areas

Tropical forest

Eucalyptus alba

Springs

Karst

outcrops/cliffs/ca

ves/ escarpment

Quadrat based survey to define

floristic, structural and

environmental characteristics of

habitats;

Opportunistic (course

mapping/description)

Flora Study

areas

Tropical forest

Springs

Karst

outcrops/cliffs/ca

ves/ escarpment

Limestone flora

Orchids, sedges

Quadrat based survey to assess

floristic composition;

Targeted collection in key habitats

Opportunistic specimen collection

Outputs would include at a minimum a plant species checklist for the area and report with

quantitative or descriptive information on habitat (and site) preferences of plant species,

associated flora, threatened status of species, weed status and endemic and IUCN threat

status.

Fauna survey

Bird Survey

Point counts would be carried out during the first 3.5 hrs after dawn when bird activity was

greatest. All birds seen or heard within a 50 m radius of the sample center point would be

recorded on a proforma, and birds recorded beyond approximately 50 m would be noted

separately.

Opportunistic Searches

In addition to the trapping program, opportunistic searches will be carried out to target

habitats (e.g. cliffs, caves, springs, rock outcrops, tropical forest) potentially supporting

fauna of conservation significance. Active searching involved raking through leaf litter,

investigating burrows, springs, caves, overhangs, rock outcrops and sampling of scats.

Searches will be conducted in different habitats throughout the study area.

Birds – opportunistic records of all bird species (and other fauna) will be written

in a notebook, and any records of conservation significant birds are included

together with GPS position, habitat and elevation data.

Landsnails – are collected opportunistically throughout study area particularly

targeting rocky outcrops, cliffs and overhangs.

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Nocturnal Spotlighting - Spotlighting and head torching at night on foot is an

important survey tool to target nocturnal fauna, particularly conservation

significant species such as snakes, geckos, owls, nightjars and landsnails

(especially in humid weather). Depending on safety, and approval of local

communities, these would be done at each site, particularly along roads and

tracks, particularly targeting tropical forest, spring, cliffs, caves, escarpment and

overhangs.

Targeted but opportunistic bat searches: caves, escarpment and overhangs Cave

dwelling bats would be targeted by searching caves, escarpment and overhangs.

Acoustic Bat Recording

Recording units convert ultrasonic echolocation signals produced by bats into audible

electronic signals, which are later analyzed for species specific calls. Recording units will be

set up in the main habitats in each study site particularly targeting significant bat habitat

such as tropical forest, caves and cliffs.

7.2.10 Marine Ecology

A benthic habitat survey and fisheries assessment will be completed in the area of the

proposed Jetty facility to assess potential direct and indirect impacts associated with the

proposed infrastructure. Initial analysis of low resolution aerial imagery shows the potential

for shoreline fringing reef. An assessment of the ecological value of this reef will be made

should it be found to be present in the survey. A benthic habitat survey will be conducted

using a towed video feed and drop camera imagery captured from a boat. A survey of fish

stocks will also be undertaken using a trawl net.

7.2.11 Traffic and Transportation

Objectives

The purpose of the study is to examine the traffic impact of the propose development on

surrounding road network.

To predict additional generation and attraction in new development

To examine the traffic performance and pavement condition of road network

To plan traffic circulation and arrangement in road network (road link and

intersection).

To plan of supporting facilities of this area

The Traffic Study would include to the following tasks:

1. Determination of baseline traffic levels

2. Assessment of construction, operational impacts

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3. Recommendations on appropriate mitigation strategies and techniques

4. Identification of potential traffic opportunities to improve existing transport

corridors.

Figure 6 illustrates the overview of the methodology for the traffic study.

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Figure 6: Flow chart of Traffic study methodology

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Data Collection Methodology

The Transport study consists of spot speed at link, geometric of link and intersection, and

traffic volume studies, both at link (between two intersections) and at the intersection.

Traffic volume study will be conducted to determine the number, movements, and

classifications of roadway vehicles at a given location. These data can help to identify critical

flow time periods, and determine the existing conditions. Traffic counting will be conducted

during the peak flow period with 15-minute intervals and using manual method.

Manual counts are typically used to gather data for determination of vehicle classification,

turning movements, and direction of travel. These manual counts will be recorded using

tally sheets. The data will be recorded with a tick mark on a pre-prepared field form. A

watch or stopwatch will be necessary to measure the desired count interval.

Intersection counts will be used for timing traffic signals, designing channelization,

planning turn prohibitions, computing capacity, analysing high crash intersections, and

evaluating congestion. A single observer will be placed at each approach for very light traffic

conditions otherwise two observers are placed.

Speed is an important transportation consideration because it relates to safety, time,

comfort, convenience, and economics. In these transport studies, spot speed data will be

collected.

Spot speed data will be gathered using stopwatch method over a relatively short period of

time to get a sample size of at least 30. The spot speed study length will be determined for

50 meters as average speed of the traffic stream below 30 kph. These speed data will be

used to determine vehicle speed percentiles, which are useful in making many speed-related

decisions and the existing road performance. Figure 7 illustrates a typical layout for

conducting a spot speed study using a stopwatch

Figure 7: Stopwatch Spot speed study layout

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7.2.12 Socio Economic Baseline Study

The development of Baucau Cement Clinker Plant will affect the socio-economic and socio-

cultural aspects of the surrounding area. This will included land use condition, control over

traditional main sources, resettled people and public health conditions. Therefore, a

comprehensive study of the socio economic impacts will be undertaken. This will include

information on socio-economic, cultural and public health condition of the communities

surrounding the area (plant site, jetty areas) in Baucau administrative post.

This study will include the following aspects:

Demographic characteristics structure, including educational level, labour force,

and horizontal mobility.

Socio-cultural environment, including traditional norms and customs relating to

resource exploitation and ritual rite.

Socio-economic structure including existing traditional and new business activities.

Social structure and organization

Community infrastructures, health and education facilities, including other

existing infrastructures and nutrient status of children under 5 years old.

Mortality, fertility, and density of population

Land use and land status: legal and traditional system and exploitation

(production, distribution and consumption).

Governance institutions.

Response and expectation on the proposed project

Study Area

The socio-economic survey will be undertaken in the clinker plant site and surrounding

areas such as the hauling area and Jetty area, which is located in Baucau administrative post.

The following villages may be impacted by the project activities:

Cement plant and hauling areas : Suco Tirilolo and Ossolla

Cement port/Jetty : Suco Tirilolo

Primary Data Collection

The socio economic study will apply a combination of qualitative and quantitative methods.

Data collection by qualitative methods will rely on in-depth interviews with purposefully

selected informants at the village (Suco), administrative post, and municipality levels

(purposive sampling) and observation techniques. Applying qualitative methods,

triangulation techniques will be a crucial part in the study to guarantee validity of the

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collected data. For impact assessment, Project Affected Family (PAF) will be surveyed

(sampling).

Data that will be collected by using qualitative methods is socio cultural environment

including:

Resource exploitation, distribution, consumption and norm related to resource

control and distribution.

Pattern of leadership within the groups and community.

Ritual and customary norm on production, distribution and consumption for

subsistence.

Pattern of agricultural activity and food consumption and distribution.

Market condition and structure at local and regional level.

Condition and structure or network with the outside world.

Data collection by quantitative methods will rely on questionnaire survey. An interview

program will be used to gather household data including among others: demographic

characteristics and socio-economic structure.

The desktop assessment will comprise a review of existing published data (if available)

pertaining to observed areas. The main source of the data will be the proposed project

description and other relevant data. In addition, secondary data collection will be

undertaken from the relevant parties and other reliable sources.

The interviews will be undertaken with relevant informants. Data analysis will use qualitative

descriptive analysis.

7.2.13 Cultural Heritage

Cultural heritage impact assessments are conducted in order to reconcile development and

the management and protection of historic and cultural sites. In Timor-Leste, the cultural

context is often one where archaeological sites and sites of historical relevance are

intrinsically related to customary practice and values. Such heritage sites are thus much

more than just the physical expression of an historical past, they contain much of the

information that is needed to “read” and understand such contemporary cultural practices

and the values by which communities live their lives.

In the particular case of the Baucau area where the proposed Cement Plant is to be

developed, recent archaeological work demonstrated that there is a long history of human

occupation in the region spanning the last ca. 30,000 years. The first archaeological

investigations in the Baucau region took place in the 1960s.

The cultural study will, in the first place, allow an evaluation of such significant sites and

assets, based on a classification system grounded on specific criteria, both from a wider,

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national perspective and a more locally framed approach. It will also assert whether any

archaeological and culturally significant sites will be impacted by the project. In case they

are, it will finally suggest appropriate recommendations to avoid or minimize such impacts,

and describe the measures for managing and protecting heritage sites or areas located

within the project limits (or close enough to it). If appropriately identified and investigated,

significant archaeological and cultural heritage sites within the project area may be

safeguarded and eventually used to contribute to sustainable tourism and income

generating activities in the region.

Work will initiate with a desktop study into all known sites of archaeological importance

within the proximity of the Project Area. This shall include an inventory of all bibliographic

references and a list of published archaeological and ethnographic sites. At the same time,

preliminary consultation with local authorities and local communities will take place, in

order to gather useful information and prepare the fieldwork.

An inventory of all sites recorded by the SEAC, including those listed before 1999 and the

ones recorded in the last few years and already part of the Government’s cultural heritage

database will also be conducted. The inventory of all sites of archaeological and heritage

significance will be carried out using SEAC’s cultural heritage fieldwork sheets so that each

site can subsequently be entered into the database.

Liaising with Government at national (SEAC) and local (municipality, administrative post,

suko and village representatives) levels will take place at every stage of the study. Liaising

with traditional structures and spokespersons, including “liurai” (traditional custodian of a

site) and “lian’ain” (traditional spokesman of a community and usually the most

knowledgeable person on traditional stories and sites) will occur at the inception, in order to

gain information for the desktop study, and will be further developed during major

fieldwork.

Local community representatives and custodians will accompany each visit to significant

sites, and they will be interviewed in order to gain insight on the local meaning and

importance of all sites. Interviews will be conducted in Tetum and, where necessary,

translated from the local Waima’a language. All interviews shall be audio- or video-recorded

and later used to complete individual inventory files.

Major fieldwork will consist of a mix of visiting sites following community consultation and

walking and assessing the project areas. All sites of potential heritage significance will be

visited and properly mapped, including archaeological sites, sites of living memory

(including those related to the recent history of resistance against Indonesian occupation)

and architectural heritage related to the Old Portuguese colonial regime. Each site described

will be inscribed into an individual inventory fieldwork sheet and plotted into a GIS map,

which will be part of the final report. For each site there will be a short description of its

importance, both in scientific terms and according to its custodians, as well as mitigation

measures, whenever this is justified.

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.

7.3 Analysis of Alternatives

The EIS will provide a summary description of the realistic alternatives to the proposed

project. Sufficient detail will be provided to enable all potential environmental, social,

economic and cultural impacts to be identified or predicted and assessed.

Alternatives to be considered may include:

Alternative locations

Different project sizes or design

Alternative technologies/methods

The EIS will also consider the “no-project” alternative as a baseline for comparative

purposes.

The EIS will also describe the project proponent’s rationale for selecting the chosen

alternative.

7.4 Determination of Potential Impacts of the Proposed

Project

The EIS will identify potential impacts of the proposed project, distinguishing between:

significant positive and negative impacts; direct and indirect impacts; cumulative impacts;

cross-border impacts; global impacts including climate change impacts; and long-term,

medium-term, and short-term impacts. Wherever possible, impacts will be described in

quantitative terms of environmental costs and benefits. The impacts will be addressed in

accordance with the different phases of the proposed project, including pre-construction,

construction, operation, and decommissioning.

Pre-construction phase involves completion of all legal formalities from various

statutory bodies, surveys/ studies required, finalization of contract for

procurement of machinery/ equipment, recruitment and hiring of requisite skilled,

semi-skilled manpower and labour, provision of space and other facilities like

water supply, disposal of wastewater and solid waste, on temporary basis for the

contracted labour to be employed and provision for storage of machinery and

materials to be used for construction, and construction of a temporary marine

“roll-on/roll-off” ramp for delivery of heavy equipment and supplies.

Construction phase includes site preparation, earthworks, construction of

foundations and equipment pads, installation of the marine jetty, installation of

equipment and machinery,

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Operation phase shall mainly comprise of: cement production, bagging and transportation

of domestic cement production, transport of materials to and from jetty and cement plant,

and on- and off-loading of ships, and ship operations.

7.5 Assessment and evaluation

The EIS will identify the impacts of the proposed project for each phase of the project,

including design/pre-construction, construction, operation, and decommissioning. The EIS

will assess the significance of the impacts using appropriate methodologies and criteria for

direct and indirect impacts, cumulative impacts, climate change impacts, short, medium and

long term impacts, temporary and permanent impacts, and both positive and negative

impacts.

This section of the EIS will include:

a. methodology and approach

b. scope of the assessment

c. identification of impacts

d. determination of significance of those impacts

e. mitigation measures

f. incorporation of mitigation measures into project design

g. determination of any residual impacts

Environmental impacts will be summarized in a matrix format identifying potential

significant impacts, the relevant project phase of the impact, and demonstrating the

effectiveness of any associated mitigation measures. The matrix will clearly show any

residual significant impacts.

7.6 Environmental Management Plan

The EMP will be a standalone document intended to guide implementation of the project,

including providing mechanisms for ensuring the effective implementation of environmental

and social mitigation measures. Specifically, the EMP will include (i) mitigation measures

proposed to avoid, reduce or compensate for impacts identified; (ii) estimated costs of the

mitigation measures; (iii) monitoring requirements; (iv) institutional roles and

responsibilities for implementing the EMP and monitoring activities (including identification

of training and capacity building).

The EMP will also be summarized in the EIS. This summary will briefly describe the

development of the EMP and (i) identify feasible and cost-effective measures to prevent or

reduce significant negative impacts to acceptable levels, (ii) describe the actions needed to

implement these measures for all phases of the development (pre-construction,

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construction, operation, closure and decommissioning); and (iii) describe measures

necessary to monitor implementation of these activities.

.

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7.7 Public Consultation

Involving the public in preparation of the EIS is fundamental to increasing the public's

understanding and acceptance of the project (e.g., how the project may affect or improve

their living conditions). Public involvement also enables members of the public to identify

and bring forward impacts and issues that are not immediately obvious to the EIS team. The

earlier in the project preparation process the public can be involved, the more likely that a

trusting relationship can be built and useful recommendations made.

This study will involve consultation with people who may be affected by the project and the

project stakeholders. The study will ensure that the public, including affected people,

women and vulnerable groups, have the opportunity to participate fully in the consultation

process. Public consultation will be a continuous process throughout the EIA process and

has already been initiated.

The public consultation process for the environmental assessment will be carried out in

accordance with the Draft Ministerial Diploma for the “Regulation on the Public Consultation

Procedures and Requirements during the Environmental Assessment Process” dated 22 April

2014.

7.7.1 Identified stakeholders

For the proposed cement project at Baucau, consultations are being/ shall be carried out

with various stakeholders of the project at national and local level, to solicit the views of the

community regarding the project. The list of potential stakeholder is summarized in Table

4.

Government Ministries

Ministry of Commerce, Industry, and Environment

National Directorate for Environment

Ministry of Petroleum and Mineral Resources

National Directorate of Mines and Minerals

Institute of Petroleum and Geology

Ministry of Justice

National Directorate of Land, Property and Cadastral Services

Ministry of Finance

Ministry of Planning and Strategic Investment

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Ministry of Public Works, Transport and Communications

Directorate of Roads, Bridges, and Flood Control

Directorate of Ports/APORTIL

Ministry of Tourism, Arts and Culture

State Secretariat of Arts and Culture

Municipality (District) Government

Baucau Municipality (formerly Baucau District Administration)

Baucau Administrative Post (formerly Baucau Sub-District Administration)

Baucau Municipality Police District

Baucau Municipality Directorate of Land, Property and Cadastral Services

Baucau Municipality Directorate of Environment

Vemasse Administrative Post

Local Government

Suco Council Tirilolo

Suco Council Triloca

Suco Council Vemasse-Vila

Suco Council Caibada

Suco Council Bahu,

Suco Council Wailili

Suco Council Bucoli

Suco Council Fatumaca

Local Community

Xefes de Aldeia

Lia’nain

Local Youth Organizations

Local Women’s Organizations

Local Fishermen’s Organization

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Baucau Parish

Civil Society/Local NGOs

Lao Hamutuk

Luta Hamutuk

Haburas

Rede ba Rai

Belun

Kapeliwa

Other Organizations

International Finance Corporation

Conservation International

BESIK (Bee, Saneamentu no Ijiene iha Komunidade) Rural Water Program

Table 4: List of potential stakeholders

7.7.2 Mechanisms for Public Consultation

The public consultation will engage affected communities, general public, non-governmental

organizations, government agencies, and others.

Newspaper readership is low in Baucau and thus other advertising methods are better suited

to encourage broad public consultation. Therefore, all Notices associated with the

environmental licensing process will be advertised on local television and radio in Baucau

and advertised on TL Cement’s website. A copy of the Notices will also be displayed at local

government offices (xefe de suco, posto administravo, PNTL, etc). A copy of all Notices will

be provided to the NDE.

The documents will be made available at the following locations:

The registered offices of TL Cement, as described in Section 3;

At a suitable government office in Baucau Municipality near the project site;

The NDE Dili Office; and

The NDE Baucau municipality office

The documents shall be available for viewing during normal business hours and made

available free of charge.

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A copy of the documents will also be made available at a local school, church, or other

public facility near the proposed project and available outside of normal work hours.

The documents will also be posted on TL Cement’s public website at

http://www.tlcement.net/

A record of all public consultations will be appended to the EIS, including.

a. Details of people consulted;

b. The mechanism of that consultation;

c. Any information provided by the people consulted, including information on

environment, socio-economic issues, land issues, cultural issues; and

d. Any comments on the proposed project made by the people consulted

7.7.3 Consultation to date

TL Cement and Worley Parsons conducted follow up consultation in the local community

during a site visit in February 2015. Figure 8 shows Worley Parsons team members meeting

local Lian Nian (Traditional Leaders).

Figure 8: WorleyParsons Staff meeting local Lian Nian

The locals in general are enthusiastic about the project and had queries about the

development activities for the locals that TL Cement would initiate as well as the

employment opportunities the project would generate for the locals. Detailed minutes for

these meetings can be found in Appendix 1.

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Further meetings were then held with TL cement, Worley Parsons and the community in May

2015. These meetings were set up to discuss the field work surveys that would be

undertaken for the EIS as shown in Figure 9.

These meetings were attended by the following community members:

Xefe Suco Trololo: Ricardo Ernesto Belo (RB)

Chief of Community Police in Suco Trilolo: Norberta Belo (NB)

Xefe Aldeia Lia Laelesu: Cipriano Belo (CB)

Xefe Aldeia Parlamentu: Manuel Belo (MB)

Chief of Traditional Practice (Lia Nain): Duarte Belo (DUB)

Secretary of Suco Trilolo: Zeca Belo (ZB)

Representative of youth of Suco Trilolo: Damião Belo (DB)

Figure 9: Community representatives meet survey team members

Minutes from these meetings can be found in Appendix 1.

7.7.4 Consultation for TOR

At the same time as the submittal of the proposed TOR for the EIS study (i.e., this

document) to the Environmental Authority, TL Cement will advertise a Public Notice

providing details on how to review and submit comments on the TOR. A copy of the Notice

of proposed Category A Project, Decree Law 5/2011, Environmental Licensing Law can be

found in Appendix 2.

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7.7.5 Consultation during Study Phase

The purpose of public consultation during the study phase is to provide information to

potentially project affected people and to obtain information from people in the study area

of the proposed project and who may be affected by the proposed project.

Details of public consultation to be undertaken during the study phase are provided in

Section of this TOR regarding the methodology for baseline studies. In particular, the

social and cultural components incorporate substantial public consultation. In addition,

other technical components including the terrestrial ecological surveys and groundwater

studies will involve public consultation to better obtain local knowledge in identifying

resources, understanding impacts, and developing potential mitigation.

The EIS study team includes a number of Timorese environmental and social specialists

familiar with the project area who will facilitate public consultation during the study phase.

In addition, many of the expatriate specialists have extensive experience working in Timor-

Leste and regularly participate in public consultation as part of their studies.

7.7.6 Public Access to the Draft EIS

TL Cement will organize public review and consultation on the Draft EIS and Draft EMP prior

to finalizing and submitting the documents to the NDE. As the documents will be prepared

in English, a non-technical summary will be provided in Tetun and, if deemed necessary by

the NDE, in a local language.

7.7.7 Public Meeting

TL Cement shall organize a public meeting to discuss the proposed project and the draft EIS

and EMP. Where two or more sucos are close to each other and where the Chefe do Sucos

agree, one public meeting may be held for more than one suco.

The date, venue, and time of the public meetings will be coordinated with the relevant

Chefes do Suco and Chefes do Aldeia. Two weeks before the date of the public meeting TL

Cement shall make a Notice by a reasonable methodology and shall place a Notice in an

accessible place on the notice board of the village concerned. The public meeting will also

be advertised on public radio and television.

The public meeting shall respect all local traditions and customs. In particular the traditional

leaders appointed by the community shall lead the traditional ceremony before the opening

of the public meeting. Appropriate translators will be available to translate presentations

and consultation sessions.

All persons will have the opportunity to speak and express opinions. A record of the

meeting will be included in the EIS, including all comments and opinions given by any

member of the public.

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7.7.8 Revision of the Draft EIS/EMP

Following the public consultation period and public meeting, the Draft EIS and EMP will be

revised to address all opinions and comments received from the public prior to submittal to

NDE. The revised EIS/EMP will also summarize all comments received from the public and

provide a response.

7.7.9 Public Review of Draft EIS/EMP

Following submission of the Draft EIS/EMP to NDE, the Evaluation Committee will make the

documents available to the public for comments and suggestions. If required by the NDE, a

further Public Meeting will be held during the public consultation period. The Evaluation

Committee will take account of any comments and suggestions received from the public

when preparing its final technical report and technical opinion on the proposed project

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8. FLEXIBILITY

During the collection of environmental and social baseline data, assessment of potential

impacts of the construction/ operation phase of the cement plant, mines and jetty, and

during preparation of EIS/ EMP, certain factors in respect of study area, criteria assigned,

alternatives, and other components may change.

Thus, the project Proponent maintains the right to make modifications to this proposed

Terms of Reference during preparation of the EIS/EMP to deliver a more complete and

meaningful study. Any modifications will be undertaken in consultation with the

Environmental Authority and will be documented in the EIS/EMP.

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Appendix 1 - Records of Public Consultation to

date

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Page 1301012-02135 : 301012-02135-EN-REP-0001Rev C : 21 August 2015

1. Meeting with Local Leaders

PARTICIPANT NAME & ORGANISATION:

- Xefe Suco Trololo: Ricardo Ernesto Belo (RB)

- Chief of Community Police in Suco Trilolo: Norberta Belo (NB)

- Xefe Aldeia Lia Laelesu: Cipriano Belo (CB)

- Xefe Aldeia Parlamentu: Manuel Belo (MB)

- Chief of Traditional Practice (Lia Nain): Duarte Belo (DUB)

- Secretary of Suco Trilolo: Zeca Belo (ZB)

- Representative of youth of Suco Trilolo: Damião Belo (DB)

- WorleyParsons Representative: Daniel Hunter (DH)

- WorleyParsons Representative: Octavio Araújo (OA)

- Consultant/Ecologist: Colin Trainor (CT)

- Consultant/Botanist: Brett Everett (BE)

-

DATE: 19 May 2015

LOCATION: Baucau Timor-Leste

OBJECTIVE: Meeting with Community leader, Police and Youth representative

1. Explaining proposed activities for the week: 6 days of survey for terrestrial ecology and 15 days for

Traffic, Air Quality, Social and Noise. – (OA)

2. Explaining the recent changes with the scope of site for the EIA (only mine I-1, plant site, jetty and

clay) – (OA)

3. Introducing the 4 Xefe Aldeias who will be assisting Colin and Brett in their studies. Presenting

argument why it is important that the 4 Xefe Aldeias are selected to accompany the specialist in the field –

(RB)

4. Field assistant are to use proper attire for the activity (long sleeves, long pants, shoes and hat). They

are to be responsible for their own lunch/dinner. The rate is US$ 15.00/day – (OA)

5. Coordinating selection for traffic enumerators (2 persons) and security for Air Quality/Noise Pollution

survey (2 persons). All 4 persons will be selected from Suco Trilolo – (OA)

6. Suco Trilolo is to disseminate the information about the studies to their community. WP is to provide

them with a rim of A4 paper to print/copy some letter for dissemination. (RB, ZB)

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7. The local leaders and community assure their full supports of the studies and will do their best for the

progress of the cement plant development. The consultant team shouldn’t take any negative comments from

community if they encounter such moments during the survey – (ZB, DB)

8. Any cases should be reported immediately to the local community police. The line of communication

should be well established and maintained – (NB)

9. Local leaders and Community from Sucos in mine I-2 and II should be consulted regarding the

changes in the scope of areas for the current EIA. This is necessary as they have been expecting the studies

in their area since last year – (RB)

10. OA to manage the activities from Dili Office – (OA)

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Project No: 301012-02135

Project: TL Cement EIA

2. Meeting with BBS team


- Ano Sumarno – BBS (AS)

- I.B. Ardhana Putra – BBS (AP)

- Bagus Banny – BBS, Project Manager (BB)

- Hisyam Achmad – BBS, Social Specialist (HA)

- Titi Liliani S. - BBS, Traffic Engineer (TL)

- Milton Cahyadi S. – BBS (MC)

- Mustopa – BBS, Air Quality Specialist (MU)

- Wimanda Mustopo – BBS, Air Quality Assistant (WM)

- WorleyParsons Representative: Daniel Hunter (DH)

- WorleyParsons Representative: Octavio Araújo (OA)

- Consultant/Ecologist: Colin Trainor (CT)

- Consultant/Botanist: Brett Everett (BE)

DATE:

LOCATION:

OBJECTIVE:

21 May 2015

Baucau Timor-Leste

Coordinate the proposed activities with Sub-consultant team for Traffic, Air Quality, Social and Noise Pollution Study

1. Briefing their purposed activities for the 15 days - (AS)

2. Logistic for activities in Suco Trilolo area as well as in Suco Wailacama for Clay site. The

logistic for activities in Clay site will be under direct supervision of the client representative, Edmundo deSá - (OA)

3. BBS is to pay the fee for 2 local assistants for air quality/noise pollution survey and to claim for reimbursement to WP later on - (OA)

4. Field assistant are to use proper attire for the activity (long sleeves, long pants, shoes and hat). They are to be responsible for their own lunch/dinner. The rate is US$ 15.00/day – (OA)

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5. Only in-depth interview to be conducted due to the scattered pattern of settlement in the surrounding site. No need to do questionnaire – (HA)

6. Clarifying BBS’ scope work which excludes resettlement issue – (HA)

7. Informing BBS the existence of a small cemetery near the plant site - (DH)

8. Presenting the following request (already provided in e-mail correspondence) – (BB, AP)

- Proposed transportation route from the clay site to the processing plant. It will be important to

understand how much of the existing road network will be utilised versus new roads to be constructed. As you know, the existing main road is very narrow and any additional heavy transport will have impacts on existing roadside businesses, safety of pedestrians and local traffic etc. This may be a sensitive issue for the local community and subsequently the NDE, and will need to be managed carefully. Impacts on native vegetation clearing will also need to be assessed and quantified for any proposed new roads.

- Proposed road network between the mine, processing plant and jetty. We already have some preliminary mapping information obtained for the engineering drawings (dwg) provided, however the locations are unclear (ie what roads are new and/or existing).

- Will the cement operation run 24hrs or 12 hours?

- What type of trucks will be used (for both the mine site and transportation of clay?)

- The number of trucks per day at the mine / processing plant? And from the clay site?

- A list of the equipment proposed to be used at the mine site, processing facility, power plant, jetty and clay extraction site. This information is important to inform our air quality, noise and social surveys (ie to quantify sound power / impacts, and air emissions etc.)

9. OA to assist the sub-consultant team in getting Baucau meteorological data and to manage the

activities from Dili Office – (OA)

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Project No: 301012-02135Project: TL Cement EIA

3. Public Consultation Minutes


- Administrator Distrito Baucau

- Chief of Police District Commander in Baucau

- Baucau sub-district Administrator

- Local NGO Hamahun

- Director of IPG (Institute of Petroleum and Geology)

- Director of BGC/TL Cement

- Director of Land and Property of Baucau district

- Director of Environment of Baucau district

- Representative of Veterans in Baucau district

- Chief of Suco Trilolo, Bahu, Triloka, Kaibada, Bukoli, Garuwai, Wailili

- Local authority

- Trilolo community

- Trololo youth

DATE:

LOCATION:

OBJECTIVE:

09 May 2014

Suco Kaisidu

Baucau Timor-Leste

Consultation with Community and Youth Group in Suco Kaisidu

Statement from Kaisidu Community

1. Positive feedback from Kaisidu community:

- Kaisidu community are 100% ready to welcome the investment and the cement

factory in the area

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- The community and youth in Kaisidu, 38 Traditional houses, will not impede the

progress towards the development of cement factory and will be working with the

GoTL to improve the economic condition of population from as well as other districts

- We appeal to the government to decide a new neighbourhood for our resettlement

and that when the development of cement factory begins, we it can generate some

benefit to us and our generations

- We appeal to the company to clarify a clear plan for our future livelihood and to

coordinate well with the government

- We appeal to the company to establish an agreement with the Government of Timor-

Leste

2. Negative feedback from Kaisidu community:

- The community are concerned if the Traditional houses are also included in the

development land

- How the government and the stakeholder paying respect to the cultural inheritance

- Clear identification of the development land

- Government should clarify the land with Kaisidu community

- Government and stakeholder should continue socializing with the community

Statement from Environmental Department

Quite often the community expressed their concern about the environmental impact which will affect community who reside in the fabric’s surrounding area.

The Director of Environmental responded to this concern by highlighting that the fabrics nowadays are operating in a different system from the old one which tends to emit smog and poses negative impact to the local community. He added that his team had paid a visit to Australia, directly observed the condition of the cement fabric to be established in Timor-Leste and was introduced to this system of new technology used in Australia which doesn’t produce smog to a level that is harmful to the nearby community.

Statement from Director of Land and Property

The community also showed their concern about the status of their farmland that will be developed into the fabric site or mining site and how will compensation be decided.

The Director of Land and Property responded to this concern by explaining that the land will have the following situation:

- Abandoned land / state’s property

- Heritage land, passed down from the ancestors

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- Community’s property such as suco’s land

- Private property, when there is land certificate

- Dowry property exchange

He added that before starting the project his team, in collaboration with local authorities, will identify the proprietor of each type of land, and then we will measure the land size to decide the appropriate compensation value.

Statement from IPG

The community also would like to know the quantity of limestone and rock to be mined.

The director of IPG responded that when the mining activity is about to start, the Government and the company will establish an agreement on which mineral to be mined. He added that right now his team is conducting a research or study on the limestone that will be used for the industry. He affirmed that the community should not worry about this or lose any hope because they (government and company) will not cause any damage to people’s domestic product.

Statement from Baucau District Administrator

Baucau district Administrator affirmed that the company has an intention to improve community’s livelihood and that they (community) should not pay attention to anecdote that the company will destroy Suco Caisido’s natural environment. He added that he will keep fighting for community’s aspirations and that his team will always visit the community so that they can hear community’s concerns and report it to the government for considerations.

Statement from Sub District Baucau Administrator

Sub District Baucau Administrator emphasized that during his visit to Australia, he learned that BGC is a big company in Australia. He added that during the meeting, the company also explained how they are planning to invest in Timor-Leste. He assured the company that that they will provide full support to the company regarding security. The company promised to recruit up to 5000 employee and will follow Australia’s system. The company also mentioned that they will not discriminate people who don’t have the capacity. Moreover, he stated that every new thing always has pro and cons and that happens in any countries in the world.

Statement from the Chief of Police District Commander of Baucau

To respond to security concern raised during the meeting, the Chief of Police District Commander of Baucau stated that they are ready to provide full security in the designated area and assured that that since many youth will be employed, there will no youth confrontation. He also appealed to the community to ignore the anecdote from those who clearly do not want develop the nation. He emphasized that his team will work together to support the government by supporting the project. He appealed to the community that this is their “battle” and that everyone should take the chance to win it as this will reduce employment rate in the country and improve our economic condition.

Statement from Chief of Suco

This above statement was supported Chief of Suco who stated that the time for development has come whether or not we want it. Likewise, he appealed to the community to ignore any rumors.

TL CEMENT, LDA




Statement from the Youth Group

The youth group also expressed their full support for this project and agreed that it will generate profit to their community by reducing employment rate in Baucau District.

Statement from The director of BGC/TL Cement

Both community and the youth expressed their concern regarding the recruitment and HR management. The director of BGC/TL Cement explained that in order to manage the HR, they will use the following method:

- Training

- Assign the right person in the right position

They will also employ people in the following field:

- Labour

- Cleaner

- Security

- Administration

- Construction worker

- carpenter

He also affirmed that government and its counterpart will be working together to reduce employment rate in the country and that they will keep fighting for the community’s wellbeing. This will increase the local HR capacity so that they will not rely on other nations’ HR.

Statement from the government:

- Government will always work together with the community when any stakeholders want to

invest in the country

- Government will study the investor’s investment process in Timor-Leste

- Government will work with departments that are relevant with the development of factories such

as : Land and Property, Environmental department, Health and Geology

This is the statement from May 9th 2014 meeting with 90% of population from 4 sucos in Kaisidu area.

TL Cement representative

Edmundo Ximenes de Sà

TL CEMENT, LDA




Project No: 301012-02135




- Community of Suco Trilolo

- Youth group of Suco Trilolo

DATE:

LOCATION:

OBJECTIVE:

24 June 2014

Suco Trilolo

Baucau Timor-Leste

Consultation with Community and Youth Group in Suco Trilolo

TOPIC:

During this meeting, the population of Aldeia Trilolo mentioned that the excavation site covers 10% of community’s farmland and 90% of abandoned land. The following vegetation is found in the area close to the shore for jetty: breadfruit, teak, coconut and other vegetation that are primarily found in community’s farmland.

RECOMMENDATION:

The community recommended that the government and the company should prioritize the interest of population in Kaisido area, such as the four Aldeias: Kaisido, Lielailesu, Parlamentu, and Osowa. This is the recommendation and information from Trilolo community.



TL CEMENT, LDA







- Member of Traditional council

- Member of Suco council

- Member s of GoTL

- TL Cement Staff

DATE:

LOCATION:

OBJECTIVE:

16 July 2014

Kaisidu Suco Center, Baucau Timor-LESTE

To coordinate plan for cultural ceremonial activity

TOPIC:

Prior to the commencement of TL cement construction and production activities, it is important to identify the exact location in order to hold the cultural activity, including Animal slaughter.

The following details must be confirmed prior to the commencement of the construction purposes:

Plan/venue

Decision

License

Determination of the location

Cultural activity/ traditional counsel

Animal to be utilize etc.

Material to be purchased as follows:

Buffalo

Goat

Pig

Spade (surik)

Tais Mane (waving cloth for man)

Tais feto (waving cloth for female)

Belak (traditional necklace)

Beetle nut

Chicken



TL CEMENT, LDA







- Lian-nain of Suco Ostico

DATE:

LOCATION:

OBJECTIVE:

14 October 2014

Suco Ostico

Baucau Timor-Leste

Consultation with Lian-nain of Suco Ostico

TOPIC:

During a chat with the Lian-nain of Ostico, he stated that the area of Wailacama, from where the clay

sample was extracted for laboratory analysis, is a part of Suco Ostico. During the Indonesian time,

the wailacama area was under suco Tasi Vemasse Vila, but it has been added back into Aldeia Baha

Mori Suco Ostico. The population is still under the administration of Suku Tasi Vemasse Vila, but

historically they are still maintained as part of Ostico.

In the 4 areas where the clays are, the majority of abandoned land (98%) belongs to the state while

the remaining belongs to the population who are using it as farmland, coconut and teak plantation.

The community is excited that the cement company will create employment opportunity which will

improve their livelihood and economic condition in Baucau District. Therefore, many youth support the

government’s plan to establish cement industry in the designated areas.



Project No: 301012-02135

TL CEMENT, LDA







- Community from Suco Bucoli Aldeia Macadai, Lulihen

- The landowners Mr. Virgillio G Antonio, Mr.Oscar Da Silva, Mr. José Da Silva

DATE:

LOCATION:

OBJECTIVE:

10 November 2014

Bucoli

Baucau Timor-Leste

Consultation with Community and landowners

TOPIC:

The excavation sites, AD - 1- AD-7 –MI – 3, used to be an area where they farmed; there are no trees

planted in the area. They only established old fences around the area. They also declared that there

are many abandoned land, and 5% of them belongs to the community while the rest to the state. They

expressed their concern on how the government and the company are going to value their heritage to

avoid any conflict. Community are happy that there will be an industry to be established in Baucau

municipality for the first time. It will be advantageous to the community and will benefit the livelihood

of the community and the future generation.




TL CEMENT, LDA




7. OBSERVATION

BY:

- TL Cement

DATE:

LOCATION:

OBJECTIVE:

Bucoli

Baucau Timor-Leste

Consultation with Community and landowners

TOPIC:

Based on the information we have been capturing from seven sucos: Baha-hu, Trilo-lo, Waili-li, Gari-

uai, Bucoli, Caiba-da, and Triloka, many populations frequently concern with Government and the

private sector (company)’s mechanism to manage employment when the project is in operation.

To respond to population’s concern, we told them that we always explain this matter to the community

and we have done socialization with all Sucos and Aldeias about this project and that in the future we

will still maintain our work with government representative in the District, Sub-district or Suco that are

involved in this project. Quite often, we explained to all the community that when we conduct the

recruitment, it will be based on their capacity and skill and that they will participate in training in the

relevant positions ranging from technical to non-technical such as Administration.



TL CEMENT, LDA




TL CEMENT, LDA




Appendix 2 - Copy of Public Notice

of Proposed Category A Project

REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE MINISTÉRIO DO COMÉRCIO, INDÚSTRIA E AMBIENTE

DIRECÇÃO NACIONAL DO MEIO AMBIENTE

Fomento Building, Ground Floor, Mandarin, Dili. No.Telp: + 6703339119/9094

Notice of Public Meeting Decree Law 5/2011, Environmental Licensing Law

Public consultation on the draft Terms of Reference (ToR) for the Environmental Impact Study Centro Juventude Caisido, Baucau-Municipality, 3rd of September 2015, 09:00 till end TL Cement Clinker Plant, Baucau Municipality 1. Name of Proponent: TL Cement, Lda 2. Location of Project:

Sucos: Tirilolo, Bahu, Caibada, Triloca, and Bucoli Administrative Posts (sub-districts): Baucau Municipality (District): Baucau

3. Type and Size of Proposed Project:

Component Sector Scale Category

Limestone Mines Mining > 30,000 cbm/year A

Cement Plant Industry Site>Ha, Installation area.3,000m2 A

Road Improvement

and new road

Transport < 30 km B

4. The above named proponent wishes to construct a Cement Clinker Plant, Limestone Quarry, Marine Jetty, access roads, and associated infrastructure at the above location.

5. Pursuant to Decree Law 5/2011 the proposed project is classified as a Category A project, and must go through the environmental assessment process as specified in that Law.

6. Before submitting the ToR for that study the proponent has been asked by the Environmental Authority to hold public consultation on the draft ToR.

7. The draft ToR are available for public comment. 8. The draft ToR are available for viewing at Directorate of Environment, Fomento

Building, Mandarin, Dili, at Baucau Municipality, Rua Vila Nova, Tirilolo, Baucau and at TL Cement, Ramelau Hotel, Aimutin, Dili. In addition, the draft ToR may be downloaded from www.tlcement.net.

9. A public meeting will be held at Centro Juventude Caisido,on the 3rd of September, 2015 at 09:00 AM till end to discuss the draft ToR and for the proponent to receive comments and opinions from the public

10. Any member of the public has a right to comment on the draft ToR 11. Any comments on the draft ToR must be submitted to Joana Belo representing the

Proponent in writing or by email to [email protected] 12. All comments must be received by the proponent within 10 working days of the date of the

public meeting. Date : 21/8/2015

baucau cement project: cement plant, marine jetty and ... · 1. cement plant, marine jetty, belt...

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