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SUPPORTING ACTIVITIES

An introduction to the components of structured preparation.

SUPPORTING ACTIVITIES

Public Consultation

A public consultation is the process of interaction with the public, including affected communities (both positive and negative impact) and other stakeholders, to enhance transparency, efficiency, accountability, and effectiveness of KPBU/PPP projects. It includes explanations and details about the infrastructure provision plan and obtain responses and/or inputs from affected communities and stakeholders. In the preparation stage of the KPBU project, the minister/head of institution/regional head/SOE directorate shall conduct the public consultation. The public consultation is thorough if carried out in three stages including implementation, post-implementation, and recording of the outcomes. All reviews recommended to be part of the Pre-FS should have been completed by the GCA before the GCA conducts the public consultation. Public consultation is not to be mistaken as an exercise to convince the community for the planned KPBU project or as a checklist exercise in the preparation stage. In fact, conducting a systematic public consultation can influence the smooth preparation and functioning of the project in the long term.

  • The GCA shall systematically prepare and implement the public consultation by including four components: (i) Scheduling the events and identifying the venues (ii) Identifying the stakeholders and listing the consultation participants (iii) Identifying and onboarding the resource persons and (iv) Preparing the Minutes of discussions on public consultations. Each component is explained below.
  • (i)Scheduling the events and identifying the venues
    The GCA shall prepare a list of invitations for potential participants of the public consultation. Then the GCA shall set a public consultation calendar if multiple public consultations are to be held or shall set a date if a single public consultation is to be held. The GCA may consider conducting public consultations more than once if needed, for example, in the case of changes such as technology options, services, output specifications, or other forms that result in project modifications from what was informed in a previously conducted public consultation.
    The GCA shall determine the venue or location for the public consultation to be held. Thereafter, send out the invites to invitees/potential participants indicating the public consultation date/schedule of dates, a background of the KPBU project and the expected outcome of the public consultation. The GCA shall send out the invites in advance and give sufficient notice for the invitees to confirm their participation/attendance at the public consultation.
  • (ii)Identifying the stakeholders and listing the consultation participants
    The GCA shall ensure wide representation of public consultation participants. Consider attendees representing gender equality, disabilities, and social inclusion. Participants may include, but not be limited to, non-governmental organisations, and/or regional people's representative councils, if necessary, for projects initiated by regional heads or council members, academics, other relative references etc.
  • (iii)Identifying and onboarding the resource persons
    The GCA shall prepare for the public consultation by appointing the relevant and most appropriate resource persons. Prepare and share the terms of reference (TOR) for resource presentations and ensure to prepare the resource presentations for public consultations as per participants’ ability to receive the information and in the language that is widely understood. Deploy resource persons as individuals who are skilled at conducting public consultations, skilled at obtaining responses and/or inputs from different kinds of stakeholders/participants, and skilled at navigating and ensuring that the expected outcomes of the public consultation are met.
  • (iv)Preparing the Minutes of discussions on public consultations
    For the minutes of public consultation to be generated, first the GCA shall implement the public consultation and second, supplement the implementation of public consultation with supporting activities. Supporting activities include recording of the attendance of participants, preparation of discussion minutes, documentation of activities, and signing of minutes of attendance from the participants (stakeholders, affected communities etc.).
  • If necessary, the GCA may conduct public consultations for every activity in the preparation stage of the KPBU. The GCA shall implement the public consultation as per schedule at the locations identified and as per plan, factor in contingencies, and note all the above components and details here.

  • The implementation of the infrastructure provision plan for the KPBU project considers the results of public consultation. The GCA shall document the results of public consultation in a public consultation report. Include in the report, the public consultation details and processes, the list of participants of public consultation, minutes of the discussion held on the infrastructure provision plan, and conclusions and follow-up plans. The GCA shall attach the public consultation report to the Pre-FS as the results of the public consultation are an integral part of the Pre-FS.

  • The GCA shall ensure that the outcomes of the public consultation during KPBU preparation capture the following details:
  • (i)Verification of the project’s compliance with social and environmental norms in line with relevant laws and regulations (ii)Obtain inputs regarding community needs related to the planned KPBU collaboration and input from other stakeholders and (iii)Ensure readiness of the KPBU. Public consultation outcomes would also include (iv) the GCA’s evaluation towards the results of public consultation have been taken into account for the implementation of the infrastructure provision plan and (v) the public consultation has enabled the GCA to determine the funding scheme for the infrastructure provision plan.

Submission for Issuance of AP Confirmation

Procurement Committee Readiness

A GCA is required to establish a procurement committee to carry out the IBE procurement. The committee is required to perform tasks, roles, and responsibilities to (i) Prepare and execute the IBE and (ii) Assist in the process of signing the KPBU agreement and preparing financial close.

  • The GCA shall mention whether it has established/appointed/formed a procurement committee for ready-to-offer (RTO) projects for procurement of the IBE. Alternatively, the GCA shall mention whether it has delegated authority to the organisational unit under its level for the establishment of a procurement committee.

  • The GCA shall confirm that the roles and responsibilities of the procurement committee are governed by the regulations of the institution responsible for government goods/services procurement policy. The GCA shall name the institution and mention the regulations applicable.

Other Supporting Activities Conducted by GCA

  • The GCA shall declare its land acquisition plan and any acquisition efforts that have taken place so far. The GCA shall mention if any activity has been initiated or completed at the planning stage. For this, the GCA shall describe project site and land requirements and their funding plan or strategy to acquire the necessary land. The GCA shall mention whether a resettlement plan was a part of the land acquisition and if yes, how it was or is being implemented. Mention the timelines or schedules of land acquisition and resettlement. Mention any related challenges and how the GCA is overcoming the challenges so that the required land and land conditions are available for KPBU development, as per schedule and while taking into account the provisions of the laws and regulations. The GCA shall ensure the conformity of land acquisition and resettlement planning documents as related to the KPBU plan to obtain site designation.

  • An environmental permit is a decision on environmental feasibility or a statement of environmental management ability that has received approval from the government or regional government in accordance with its authority. In this supporting activity, the GCA makes efforts to obtain an environmental permit for the KPBU project, if required, in accordance with the characteristics of the KPBU project, taking into account the provisions of the laws and regulations. This activity would have already begun in the planning stage. So, the GCA shall refer to the PS and carry forward any residual activity required to obtain this permit to facilitate KPBU development.
  • The GCA shall follow the process below to apply for the environmental permit and consider:
  • (i)If the KPBU project is a business and/or activity that must have an Environmental Impact Assessment (AMDAL) or Environmental Management Effort (UKL-UPL), then the Environmental Approval application process shall be carried out by GCA following the provisions of laws and regulations. The preparation of AMDAL or UKL-UPL shall be done concurrently with the feasibility study during the KPBU preparation stage. The IBE can renew AMDAL or UKL-UPL in accordance with the provisions of the laws and regulations
    (ii)if the KPBU project is a business and/or activity that must have an Environmental Impact Statement (SPPL), then the Environmental Approval application process shall be carried out by the IBE and/or
    (iii)The application for Environmental Permit in any form other than that referred to in (i) and (ii) shall be carried out in line with the provisions of the laws and regulations.
    (iv)Application for Environmental Permit shall be carried out in line with the provisions of the laws and regulations.

  • In the technical preparation review (in the section on Commercial Review), the GCA is expected to prepare for the utilisation of state/regional property or assets in relation to the KPBU project. As a supporting activity in this preparation, the GCA is meant to seek approval of such utilisation. To seek approval for such utilisation, the GCA shall prepare and submit an application for approval to utilise state/regional property/assets to the concerned state or regional authority. The concerned state or regional authority shall review this application and decide to grant or not grant this approval. The GCA’s application shall align with the asset requirement cited in the technical preparation review section.

I. Submission of request for Government Support in following forms

Summary

The summary sheet from the Pre-FS is a supporting document for presentable/RTO proposals. The GCA shall mention the key conclusions and findings of the supporting activities conducted after all reviews of the Pre-FS preparation are completed. The GCA shall briefly mention the key takeaways or highlights from each section including (i) public consultation (ii) submission for issuance of AP confirmation (iii) procurement committee readiness and (iv) other supporting activities conducted by the GCA. The summary should conclude that all required supported activities have been undertaken to facilitate the completion of the Pre-FS.