Assessment Report / Checklist Verified Legal - Sarawak

Transcription

1 Assessment Report / Checklist Verified Legal - Sarawak Organization Details Company: Samling Plywood (Miri) Sdn Bhd Ref #: GFSS a Address: Wisma Samling Jalan Temenggong Datok Oyong Lawai Jau, P. O. Box 368, Miri, Sarawak, Malaysia Contact: Dr Kai O Kruse kkruse@samling.com.my Tel: Fax: Statement of Compliance GFS LVS # GFS 032 LVS Issuance Date 15 April 2015 Expiration Date 14 April 2016 Assessment Details Scope of Assessment Forest Timber License Area T/0413 issued to Samling Plywood (Miri) Sdn. Bhd. Assessment Dates March 2015 (Close out 14 April 2015) GFS Lead Assessor GFS assessor & experts Organization Staff Dr. Kevin T Grace Dr Bernd Hahn-Schilling James Ho (COO); Chin That Thong (GM); Yeo Soon Hee (Asst. GM) Report Date 6 April 2015 / 14 April 2015

2 Summary Information Overview of Licensee Organization Information: The Samling Group has a number of associated companies that include Samling Plywood (Miri) Sdn Bhd has multiple Forest Timber Licenses (T-License) as well as Licenses for Planted Forests (LPF) within Sarawak Malaysia. Current Licenses includes 14 timber licenses; 9 License to plant forests (LPF) of which 3 overlap with existing timber licenses to total nearly 1.5 million ha under management. Key regulations: The legal framework is provided in the following laws (ordinances), rules and regulations: - Statement of Forest Policy (1954) - Forests Ordinance (1954, 2003, 2006) - Forest Rules (1954) - National Parks Ordinance (1956) - National Parks and Nature Reserves Ordinance (1998) - Wildlife Protection Ordinance (1958) - Sarawak Timber Industry Development Corporation Ordinance (1973) - Sarawak Timber Industry (Registration) Regulations (2008) - Sarawak Forestry Cooperation Ordinance (1995) - State of Sarawak Forest Timber License (FTL) - Inter-agency Standard Operating Procedures (SOPs) for Performance of Forestry Functions in Sarawak (Ministry of Resource Planning and Environment, 2012) Description & Licenses: Samling Plywood (Miri) Sdn Bhd holds Forest Timber License #T/0413 granted by the Sarawak government authority for timber harvesting within a licensed area of 204,000 ha of natural forest. Management / Land Tenure: The license tenure based on the Forest Timber Licence T/0413 was issued to Samling Plywood (Miri) Sdn. Bhd. on 01. September 1993, valid until 31. October 2018, and approved by the Forest Department Sarawak (FDS) on 01. September Management planning (FMP): The Working Plan has been approved by the Director of Forests, Sarawak. Working Plan period and expiry date are identical with the Forest Timber License T/0413, i.e. from 01. September 1993 to 31 October Operational activities: Syarikat Samling Timber Sdn Bhd (SST) is the registered logging contractor for timber license (T/0413). SST implements all forest operations of infrastructure development and maintenance, timber harvesting and log transportation from the license area to the central Tuyut Logpond.

3 Land classification FMP Area Current Status Total Concession Area T/0413 (according to 190,198 ha 190,198 ha General Harvesting Plan) Production Area - Natural Forest Management Area 141,984 ha 43,809 ha - Plantation Forest (ITP) 0 0 Protected Forest & Conservation Areas 16,298 ha 2,918 ha Social Community & Agriculture 31,916 ha 9,317 ha Road network km Infrastructure, Buildings n.a. n.a. Description of forest area: the area consists of Mixed Dipterocarp Forest of 3 density classes (MD1, MD2, MD3), Kerangas Forest, and Shifting Agriculture areas. Except for the shifting agriculture areas the area was stocked with Primary Forests at the time of issuing the Forest Timber License in year Yield regulation consists of the area control method by dividing the operable area (net production area) by the length of the cutting cycle, which is 25 years. Besides a 10% enumeration of harvestable commercial timber at Block level (ranging from ha in size) no overall forest management inventory has been carried out. Minimum cutting limits are 60 cm dbh for Dipterocarp species and 45 cm for Non-Dipterocarp species. An exception to these cutting limits exists for areas that will be inundated when the HEP Dam project materializes. In these areas no cutting limit is imposed since the future water basin needs to be cleared of all extractable timber. Environmental Impact Assessment: EIA was conducted by Ecosol Consultancy Sdn. Bhd. as the registered EIA consultant. The Natural Resources and Environment Board (NREB) has approved two EIA for previously harvested areas within Forest Timber License T/0413: - EIA approved by NREB on 10 Sept 2014 for Coupes 01AR 07AR & 15AR 19AR. NREB Doc. Ref. (12) NREB/6-3/2H/37 - EIA approved by NREB on 15 June 2012 for Coupes 08AR 14AR NREB Doc. Ref. (14) NREB/6-3/2H/30 Key EIA Findings: The current vegetation consists of mainly Mixed Dipterocarp Forests, and some secondary forests developing on former shifting cultivation sites. Mammals reported from the license area include totally protected species (Wildlife Protection Ordinance, 1998), such as, eg. Borneon Gibbon, Leopard Cat, Clouded Leopard, Slow Loris, Langur, Giant Tree Squirrel, and Tarsier. Mammals found that belong to the protected species category include Bear Cat, Flying Lemur, Sun Bear, Porcupine, Pangolin, Red Giant Flying Squirrel, and tree shrew. The birds recorded include the protected species Kingfishers, Woodpeckers, Hornbills and Eagles. Other species of protected reptiles found include the Box-tortoise, Reticulated Python, and the Tree Monitor Lizard.

4 The EIA study found that some adverse impacts on the environment will result from the operational forest activities, such as, eg. changes in water quality and damage to residual natural forests. Incorporating the mitigation measures proposed by the EIA consultant will help to reduce such impacts to acceptable levels. Environmental Protection & Monitoring: EIA compliance monitoring is regularly carried out on quarterly basis for all Coupes combined. Results are reported to the responsible local authorities by the appointed EIA consultant. In the 4 th Quarter Environmental Monitoring Report 2014 (Doc ref. NREB/6-3/2F/37) and the 1 st Quarter Report 2015 (Draft presented) no non-compliances were identified by the appointed EIA Consultant Social Assessment: The Company has not conducted a social impact assessment, since the license conditions do not request for such assessment, however, the company maintains a detailed database of all longhouses and other settlements within and adjacent to the license area. The company has successfully negotiated agreements with most of the communities affected by its operations. The region is settled by the Kenyah and Penan. The Kenyah are predominantly Christian, whereas many Penan still follow their animistic belief, whereas some of them have adopted Christianity. Key Findings of Social Assessment: - not applicable Social Monitoring: Regular communication and mutual consultation between the company and local communities has been demonstrated. Any community claims or issues are recorded, monitored and dealt with according to the company s Standard Operating Procedures. Beyond this, the company compensates the local communities for any damage or losses to claimed forest resources through signing written agreements on the type and amount of compensation (refer to list of community agreements in the Detailed Report). Itinerary of Assessment 23 March 2015 (Mon) Morning: arrival of Auditors from Kuala Lumpur / Kota Kinabau in Miri. Briefing session at Samling HQ, Miri. Afternoon: document review 24 March 2015 (Tue) Morning: travel by land to Baram Central Base Camp, Lunch at CTB Afternoon: check license boundary T/0413 marking, proceed to Coupe 3AR /3A (S) Salvage Logging in HEP flood zone area Return to CTB, overnight in CTB 25 March 2015 (Wed) Morning: travel from CTB to Tudan Camp T/0413, Lunch at Tudan Camp Afternoon: travel to Coupe 21A Block Nos. 34 and 63, harvesting operations in primary forest. Check logyard and camp/workshop facilities in Tudan Camp; Travel to Merawa Camp, overnight in Merawa Camp. 26 March 2015 (Thu) Morning: return travel to Baram CTB, document review in CTB office, interview with local community representative, lunch at CTB. Afternoon: return travel to Tuyut central Logpond, document review at Logpond

5 office; return to Miri 27 March 2015 (Fri) Morning: document review at Samling HQ Miri, prepare presentation, lunch in Miri town. Afternoon: continue document review, settle open questions, hold debriefing session to management and key staff Return of Lead Assessor (Dr. Kevin Grace) to Kuala Lumpur 28 March 2015 (Sat) Morning: compile data, work on draft assessment report Afternoon: return of Assessor (Dr. Bernd Hahn-Schilling) to Kota Kinabalu Highlights of Assessment Samling Plywood (Miri) Sdn. Bhd. could not demonstrate compliance to the GFS LVS-005 requirements as one Major Gap # 02/2015 was identified during the assessment. The company holds Forest Timber License # T/0413) for the forest area of Sg. Julan Sg Tebokan Stateland Forest that expires on 31. August Several 3 rd party claims in the licensed area exist which are settled through community agreements with the affected parties. Logs harvested are transported to the nearest log yard, where identification, tagging and scaling are carried out. All logs can be traced back to the harvesting Coupe and felling block within the licensed area. Logs are registered through company serial number tags and Log Production Identity (LPI) Tags issued by Sarawak Forestry Corporation SFC. Further log transport to the Central Base Camp and Tuyut Logpond is documented through internal Transit Bills. Timber royalty assessment is carried out at Tudan Logpond for logs to be transported to the veneer mill. For other logs transported out of the license area royalty assessment and issue of Removal Passes (Royalty/Transit) is conducted out at the Tuyut Logpond. GFS identified that forest workers exposed to specific risks during tree felling operations do not have the full set of PPE as listed in the DOSH Guidelines on Safety & Health in Logging Operations: Minor Gap # 01/2015. GFS identified that the storage, handling and disposal of fuels and oils is inadequate, resulting in one Major Gap # 02/2015 that needs to be satisfactorily addressed within the prescribed time frame of two months, before a Statement of Legal Compliance can be issued. GAPs GAP # Type Checklist # Description 01/2015 Minor Forest workers exposed to specific risks during tree felling operations do not have the full set of PPE as listed in the DOSH Guidelines 02/2015 Major a) Fuel depot at Tudan Camp has not been constructed according to environmental standards (no secondary containment, roof,

6 spillage prevention and control). b) Significant fuel and oil spillages were found around main genset house, behind workshop, at the fuel depot, at the fuel dispensing area, and outside the oil storage area. c) Scheduled Wastes (SW) are not stored and labelled according to environmental regulations. d) Mixed general waste was found disposed downhill behind the Tudan Camp canteen. Highlights of Close out visit: Date : 14 April 2015 Samling has submitted actions taken by the company to address GAP 002/2015 (Major) in respect to compliance to fuel & lubricant storage and scheduled waste. Actions taken by Samling include: a) Samling is in the process for construction of a fuel depot for Tudan camp that was approved on 18th Feb 15 and awarded to Wang Lee (Contractor) on 14th Mar 15. Work will start on 11th Apr 15 and is scheduled to be completed by end of May 15. b) Spillage around genset area: Clean-up works started on 29th Mar 15 to remove the contaminated soil from around gen set shed, workshop, fuel depot, fuel dispensing and oil storage area. The contaminated soil was transported to Samling Power and incinerated on 31 Mar 15. Samling has completed construction of new gen set shed with concrete flooring and proper containment. c) Scheduled waste: The storeroom for SW was improved with cement flooring and expanded to include storage of SW of waste oil, battery & used oil filters. Each of the SW will be properly segregated and labeled. The new SW Storage Shed is currently under construction and scheduled to be completed by 18th April d) General waste; Clean-up of general waste around Tudan canteen / mess hall was carried out on 1st Apr 15 and all collected general waste excluding recyclable material are disposed at the waste disposal pit. Camp cooks (at canteen / mess hall) have been reminded to maintain cleanliness at all times. Recommendations Samling has taken actions to rectify Major GAP 002/2015 as recorded on 14 April GFS has closed out the gap and recorded all findings of the audit and activities conducted to comply with the Legal Requirements for Sarawak (LVS-005a v06 Feb 2014), thus Samling Plywood (Miri) Sdn. Bhd is eligible for a GFS Statement of Compliance. Samling should continually improve its system based on the following recommendations: Safety & Health

7 provide full set of PPE as required by DOSH Regulations for logging operations Other recommendations operational maps used at Block level activities should be enhanced to 1:10,000 scale First Aid Kits should be made available at each site with high injury risk a formal system for communication with local communities should be developed to ensure consistent handling of community relations The next assessment date is scheduled for month April End of Summary Report

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