Sabah TLAS Audit Report

Transcription

1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee Contact Person Office Address Licensee: Sabah Land Development Board Logging Contractor: Tajuk Maju Sdn. Bhd. ( P) Mr. Albert Thomas (Tajuk Maju Liaison Officer) Licensee: Sabah Land Development Board, Wisma SLDB, Jalan Kelapa Sawit, Off KM.4, Jalan Lama Tuaran, Kota Kinabalu, Sabah, Malaysia. Contractor: Tajuk Maju Sdn. Bhd., 2-2, Lot E, Lintas Square, Jalan Lintas, Kota Kinabalu, Sabah, Malaysia. Reference # G Date of Report Date of close out Telephone 14 th September Fax tajukmajusb@gmail.com Approved By Dr. Kevin T. Grace Statements Audit Statement Non-compliance checklist 1.8.3, 2.1.3, 2.1.5, Issuance Date NA Expiration Date NA Assessment Details Assessment Dates 12 th 14 th September 2018 Scope of Assessment TLAS P1 P4: JP(NSO)008/2014 (F1) Salvage logging Species Dipterocarp spp. (Keruing), Parashorea spp. (White seraya), Shorea spp. (Red seraya, Yellow seraya), Cotylelobium spp. (Resak batu), Sindora beccariana (Sepetir), Sapotaceae spp. (Nyatoh), Duabanga moluccana (Magas), Shorea pauciflora (Oba suluk), Lauraceace (Medang), Lithocarpus & Quercus (Mempening), Octomeles sumatrana (Binuang), Terminalia subspathulata (Talisai), Duabanga moluccana (Magas), Cotylelobium spp. (Resak batu), Hopea sangal (Gagil), Prerospermum (Bayor), Alstonia spp. (Pulai), Dyera spp. (Jelutong), Scaphium spp. (Kembang semangkuk), Campnosperma auriculatum (Terentang), Hopea sangal (Gagil), Neolamarckia cadamba (Laran), Dyera spp. (Jelutong), Annonaceae spp. (Pisang-pisang), Castanopsis motleyana (Berangan), and other species (OT). Lead Assessor Franklin Emang Assessor(s) Priera Bagang, Cynthia D. John and Michelle Boyou FDS Staff RHK Johnny Raymond (KPPM Sook) and PH Majilin Samad (PPM Sook) OBJECTIVES: The objective of this checklist is to verify compliance to the Criteria listed in the Sabah Legality Standard as defined by Principles 1-4 for Sabah dated 01 st January 2015 (FDS-TLAS-002). Compliance is defined when all applicable criteria are observed to be compliant. A Minor Gap to any indicator does not constitute non-compliance to a criterion. A Major Gap to any applicable indicator does reflect non-compliance to a criterion. Compliance for a criterion where multiple minor gaps are identified in indicators under the criterion may reflect non-compliance to the criterion. All issues identified under this standard shall be considered appropriate to the scale and degree of forestry operations undertaken by the parties under the agreement. 1

2 Overview of Licensee: Summary Information Sabah Land Development Board (SLDB) is spearheading rural land development to improve the living standard of the rural communities and income opportunities and at the same time to improve unproductive and degraded land areas in Sabah. Thus, SLDB has proposed to undertake oil palm plantation on 4, ha of land at Sinua, Sook, Keningau. The project is to improve the socioeconomics of the local communities. SLDB and Tajuk Maju Sdn. Bhd. (Tajuk Maju) signed an agreement which allows Tajuk Maju to conduct harvesting activities and fully responsible on the logs sales and land development (Refer to Addendum 1; Development Agreement at Sg. Sinaron in the district of Keningau signed 8th May 2014). Perfect Eco Sdn Bhd. and Sinaron Sinua Plantation Sdn. Bhd. are contracted for land preparation (terracing) and palm oil planting. Sabah Land Development Board (SLDB) license holder (Form 1 license: JP (NSO) 008/2014(F1)). Tajuk Maju Sdn. Bhd. (Tajuk Maju) - identification, planning, coordination, implementation and monitoring of salvage logging. District Forestry Office Sook (Pejabat Perhutanan Daerah Sook): Payment of timber royalties and other fees due to Sabah Forestry Department and Alienated Government. Land and Survey Department (Jabatan Tanah dan Ukur Sabah): area survey and delineation, mapping, issue of Community Land Title. The previous assessment was conducted in November 2017 that resulted in 0 gap and 1 observation (report #: G ). Status of Operations: November 2017 August 2018 Salvage logging status according to First and Second AWP 2018 Quarterly report to DFO FDS Sook as follows: 1 st Quarterly Progress Report (January March 2018) Aspect Area (ha) Total logs / Volume(m 3 ) Area harvested in 1 st Quarter Total harvested area to date 2, Area not yet harvested 1, Production in 1 st Quarter ,481 / 1, Previous quarter production 84,316 / 125, Total production to date 85,797 / 127, nd Quarterly Progress Report (April June 2018) Aspect Area (ha) Total logs / Volume(m 3 ) Area harvested in 2 nd Quarter Total harvested area to date 2, Area not yet harvested 1, Production in 2 nd Quarter / 1, Previous quarter production 85,797 / 127, Total production to date 86,761 / 128,

3 Land use classification: Environmental Context: Land classification Area (ha) Total Licensed Area 4, Production Area (Oil Palm Plantation) 3, Steep Area Riparian Reserve Forest type and history of management The licensed area comprises of a disturbed forest, which includes patches of secondary forest vegetation located within the Kg. Sinua, Sook. The licensed area borders with Class I Forest Reserve (Trus Madi FR), Sg. Tongod and Ulu Sungai Millian Forest Reserve in the north and south respectively. Both forest reserves classified under Class II Commercial Forest Reserve. Principal commercial species The project area mainly consists of logged over degraded forest, with common species includes bamboo, dipterocarp, non-dipterocarp and pioneer species. Based on the approved Environment Impact Assessment (EIA) report, no endangered species of flora observed during the site visit. However, a few protected fauna are known to exist such as Accipiter trivirgatus, Accipiter virgatus, Charadrius peronii and Argusnus argus. Riparian belts for Sg. Sinaron, Sg. Labou and their tributaries (approximately 398 ha of the licensed area) are marked for protection. Existing EIA report An Environment Impact Assessment had been conducted for the licensed area and approved by Environment Protection Department (EPD). Social Context: Based on the approved EIA report, no community settlement identified within the licensed area. Kg. Sinua and Kg. Sinaron are located 2.1km and 7km respectively at the southwest of the licensed area. Scope of Assessment The scope of the evaluation is to verify compliance of SLDB (Tajuk Maju) with the Form 1 Licensed Agreement JP (NSO) 008/2014 (F1) for an area of 4, ha. The assessment is in accordance on the terms of the agreement for the Sabah Legality Standard Principles 1-4 dated 01 st January 2015 (FDS-TLAS-002). Site evaluation to verify and report the level of compliance by SLDB and Tajuk Maju to the standard in respect to each of the criteria within this report. Compliance is defined when the auditee demonstrates that the indicators consist of none or only minor gaps against any applicable criteria of the standard. Non-compliance to the Sabah Legality Standard occurs when the auditee does not demonstrate adequate compliance to a criterion. Itinerary of Assessment Date 11 September 2018 Tuesday 12 September 2018 Wednesday Travel to Keningau Activity (Public Holiday Awal Muharram). Opening meeting at FDS Sook District Office/Field visit to Form 1 Licensed Area (SLDB Tajuk Maju); Licensed boundary, riparian reserve, active logging blocks 3

4 13 September 2018 Thursday 14 September 2018 Friday Itinerary of Assessment (13, 14, 15 and 16), stumping, camp site or workers quarters, workshop, entrance gate, diesel depot and Scheduled Waste Storage. Documents review and drafting report at FDS Keningau District Office. Closing meeting at FDS Keningau District Office/Back to Kota Kinabalu. Highlights of Assessment (Major Gaps = 2; Minor Gaps = 0; Observations = 1) SLDB (Tajuk Maju) has not complied with the Sabah Legality Standard (FDS-TLAS-002) as two noncompliances, were identified in checklists 1.8.3, 2.1.3, and during the assessment on 12 th 14 September Summary of status of operations by Principle: Principle 1. SLDB (Tajuk Maju) consists of the granted area with total area 4, ha. The current Form 1 license was extended to 5 th March 2019 (Renewal Ref. #: JPHTN/ SO 700-2/3/1/JLD.7/56; dated 13/03/2018). 12 Sep 2018: Observation Checklist Licensed boundaries are demarcated on the ground with red stakes poles and painted on the trees trunk. However, signboard was not erected on the ground. 12 Sep 2018: GAP 005/2018 (Major) Checklist Marking of buffer zones was not adequately maintained that resulted in disturbance of riparian areas that included direct river access. Principle 2. Second quarter report (April July 2018) of Environmental Compliance Report was not made available during the assessment. Field assessment was conducted at campsite to ensure the mitigation measures for sanitation and Scheduled Wastes were implemented in accordance with the EIA requirements. 12 Sep 2018: GAP 006/2018 (Major) Checklist 2.1.3, Second quarter report (April July 2018) Environmental Compliance Report was not available during the assessment. Recommendations for EIA compliance were not implemented. Inadequate disposal of general waste and handling of scheduled waste was not in accordance to the EIA requirements. 12 Sep 2018: GAP 005/2018 (Major) Checklist Riparian areas were observed disturbed by road maintenance that included direct river access. Principle 3. Records of Form 1 license payment, royalty payment and removal pass fees and other associated fees were maintained and made available during the assessment. Principle 4. There are no human settlements identified within or associated to the licensed area. Not Applicable 4

5 Results: (Compliance = 7; Non-Compliance = 2) Gap raised against indicators & criteria during the September 2018 assessment. GAP Type Checklist Description 005/2018 Major 006/2018 Major Marking of buffer zones was not adequately maintained that resuted in disturbance of riparian areas by road maintenance that included direct river access. Second quarter report (April July 2018) Environmental Compliance Report was not available during the assessment. Recommendations for EIA compliance were not implemented. Inadequate disposal of general waste and handling of scheduled waste was not in accordance to the EIA requirements. Status of previous outstanding Gaps. GAP Type Checklist Status Description of Close Out Observation raised against indicators during the September 2018 assessment. Obs # Checklist Description Licensed boundaries are demarcated on the ground with red stakes poles and painted on the trees trunk. However, no signboard was erected on the ground. Highlights of Close Out Visit (if applicable) Dates - The Major gaps shall be addressed within two months by November Recommendations SLDB (Tajuk Maju) has NOT demonstrated compliance with the Sabah Legality Standard (FDS-TLAS- 002) as non-compliance was identified (Checklist / & / 2.1.5) thus is NOT recommended to receive a GFS Audit Statement and STCC from FDS. The Major Gaps shall be addressed within two months by November Gap 005/2018 (Major) Checklists and 2.1.5: Tajuk Maju shall adequately maintain the marking of buffer zones. The company shall strictly adhere to the environmental guidelines, not to disturb the identified riparian areas as stipulated in the license conditions [Section 17 (a) in page 8]. Gap 006/2018 (Major) Checklists and : Tajuk Maju shall produce the quarterly ECR as specified in the Syarat-Syarat Alam Sekitar [Seksyen 12(5) dan 20, Enakmen Perlindungan Alam Sekitar 2002] Ref.#: JPAS/PP/03/600-1/11/1/113 dated 28 th February The company shall ensure all scheduled and general waste are handled in accordance to EIA requirements and actions are taken to address inadequacy in compliance.. Observation identified in this assessment should be addressed before the next surveillance visit. Action required to address the observation include: Observation Checklist 1.8.1: Tajuk Maju shall erect a signboard at the licensed boundary strategic location as stipulated in the license conditions [Section 10 (1) in page 6]. The purpose is to indicate the licensed area is adjacent either with other concession, state land or forest reserve. The next surveillance audit will be scheduled in August End of Summary Report 5