Sabah TLAS Audit Report

Transcription

1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee Mekar Mewah Sdn. Bhd. ( U) Reference # G Contact Person Office Address Abdul Samad Siri (Manager) Nancy Edios (Clerk) Lot. 13 & 14, Block E, Adika Commercial Complex, Keningau, Sabah, Malaysia. Date of Report Date of close out Telephone 5 th April th April Fax nncy_fr@yahoo.com Approved By Dr. Kevin Grace Statements Audit Statement GFS 097 LVS Issuance Date 01 May 2018 Expiration Date 30 April 2019 Assessment Dates 2 nd 6 th April 2018 Assessment Details Scope of Assessment Species Lead Assessor Assessor(s) FDS Staff JP (STG) 010/2016 (F1) Dipterocarpus spp. (Keruing), Koompassia malaccensis (Impas), Parashorea spp. (White seraya), Shorea spp. (Red seraya, Yellow seraya, Melapi), Shorea inappendiculata (Selangan batu), Heritiera simplicifolia (Kembang), Scaphium spp. (Kembang semangkuk), Sapotaceae (Nyatoh), Neolamarckia cadamba (Laran), Duabanga moluccana (Magas), Octomeles sumatrana (Binuang), Alstonia spp. (Pulai), Annonaceae spp. (Karai), Eugenia spp. (Obah), Sindora beccariana (Sepetir), Lauraceace (Medang), Planchonia valida (Putat), Lithocarpus & Quercus (Mempening), Myristicaceae (Darah-darah), Dillenia spp. (Simpor), Cotylelobium spp. (Resak batu), Cratoxylum arborescens (Serungan), Pentace spp. (Takalis), Koordersiodendron pinnatum (Ranggu), Hopea sangal (Gagil), Eusideroxylon zwageri (Belian), Calophyllum obliquinervium (Bintangor), Dacryodes & other Burseraceae (Kedondong), Pterocymbium javanicum (Teluto), Parartocarpus or Artocarpus (Terap), Prerospermum (Bayor), Koompassia excelsa (Mengaris), Tristaniopsis merguensis (Pelawan-pelawan), Dyera spp. (Jelutong), Dialium indum (Keranji), Gluta/ Semecarpus/ Melanochyla & Swintonia (Rengas), Shorea pauciflora (Oba Suluk), Annonaceae (Pisang-pisang), Castanopsis motleyana (Berangan), Campnosperma auriculatum (Terentang), Anisoptera spp. (Pengiran), Agathis borneensis (Mengilan), Artocarpus dadah (Buruni), Magnolia candollii (Chempaka), Meliosma sumatrana (Gapas-gapas), Flacourtia rukam (Rukam), Petai, Assam, Perapat Hutan Lai Jia Woei Cynthia D. John, Franklin Emang Sofiean Mohd. Saibi (DFO Tongod), PH Asri Awang (PPM Mangkuwagu) 1

2 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. Overview of Licensee: Summary Information Mekar Mewah Sdn. Bhd. (Mekar Mewah) possesses a valid Form 1 license, JP (STG) 010/2016 (F1) allowing them to conduct clear felling operations within Lot PT (TOL). This licensed area is located at Damalang, Tongod, comprising a total area of 1,000 ha. The objective of this project is to provide a cleared land area for the local population and to provide employment for the local communities, as well as to strengthen the socio-economic development in this area. Mekar Mewah did not engage any contractor to carry out the harvesting activities within its licensed area. The previous assessment was conducted in Apr 2017 that resulted in 3 observations (Report #: G ). Land classification Area (ha) Total Licensed Area 1, Production Area Steep Area Stream Buffer Zones Environmental Context: Forest type and history of management - This project area is presented with Mixed Hill Dipterocarp Forest. However, the majority of the natural vegetation within the licensed area has been disturbed by repeated logging activities. Therefore, the vegetation conditions have changed into a degraded secondary forest. - There was no forest inventory carried out as the area is designed for clear felling. However, based on the previous forest inventory, the volume of the trees (above 20 cm DBH) is estimated to be less than 50 m 3 per hectare or 10 trees per hectare and mainly dominated by Dipterocarp species. Principal commercial species - The project area mainly consists of secondary forest, with common tree species including Dipterocarp and Non-Dipterocarp. Specific biological values (e.g. rare or endangered species) - There are several protected floral and faunal species that known to be existed in the project area. - Two protected floral species are Arenga undulatifolia (Polod) and Zingiber spp. (Halia Hutan) 2

3 - 14 protected faunal species: Phyton reticulates (Reticulated Phython), Varanus salvator (Monitor Lizard), Copsychus saularis (Magpie Robin), Copysychus malabaricus (White- Rumped Shama), Loriculus galgulus (Blue-Crowned Hanging Parrot), Macaca fascicularis (Long-Tailed Macaque), Gracula religiosa (Hill Myna), Sus barbatus (Bearded Pig), Cervus unicolor (Sambar Deer), Chacophaps indica (Emerald Dove), Cynocephalus variegates (Flying Lemur), Tragulus javanicus (Lesser Mouse-Deer) and Tragulus napu (Greater Mouse- Deer) and Muntiacus muntjak (Barking Deer). Existing EIA report - Environment Impact Assessment (EIA) report had been conducted for the licensed area and issued on 27 th April The report has been approved by Environment Protection Department (EPD) (Ref. #: JPAS/PP/24/600-1/01/1/299(36)). Social Context: Based on the approved EIA report, no community settlement was identified within the licensed area. Scope of Assessment The scope of the evaluation is to verify compliance of Mekar Mewah Sdn. Bhd. with the Form 1 License Agreement JP (STG) 010/2016 (F1). 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 Licensee Sdn. Bhd. and contractors 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 02 April 2018 Monday 03 April 2018 Tuesday 04 April 2018 Wednesday 05 April 2018 Thursday 06 April 2018 Friday Travelling to Keningau and overnight. Activity Opening meeting at Mekar Mewah Sdn. Bhd. Office (Keningau), site visit to stumping area, licensed boundary adjacent to FMU 11 Ulu Sg. Millian, stream buffer zone, log landing and base camp. Document review at Mekar Mewah Sdn. Bhd. office. Preparation of the draft report. Document review at Mekar Mewah Sdn. Bhd. office, finalization of report, and closing meeting (afternoon). Return to Sandakan. 3

4 (Major Gap = 0; Minor Gaps = 3; Observation = 1) Highlights of Assessment Mekar Mewah Sdn. Bhd. has complied with the Sabah Legality Standard (FDS-TLAS-002) as no noncompliance was identified during the assessment on 2 nd 6 th April Summary of status of operations by Principle: Principle 1. Mekar Mewah demonstrated compliance with the license requirements and the submission of report such as the EIA to EPD. The last harvesting operation was in December 2017 / January Mekar Mewah JP (STG) 010/2016 (F1) was granted a renewal, for a period of 2 years by Natural Resources Office (Chief Minister s Department), from 3 rd February 2018 to 2 nd February 2020 (Ref. #: JKM.PHB.700-2/258 Jld.2/133 dated 17 th January 2018). Mekar Mewah is in the process of making necessary payment and registration to Land and Survey Department. Following to the approval, Forestry Department of Sabah (FDS) headquarters extended the Form 1 license until 15 th April 2018 for the purpose of royalty payment and disposal of the 611 logs that were harvested before 1 st February No further felling until the license is renewed. Principle 2. Mekar Mewah demonstrated compliance to license requirements, which includes demarcation of riparian reserve, registration of logging contractor, haversting machinery and Property Hammer Mark. The licensee had paid RM500 fine on 19 th September 2017 (Payment receipt #: JP / AM ) for failing to display FD registration plate number as recorded in the previous assessment report (Observation Addressed). The patrolling activities were conducted monthly by the chief ranger. Finding were documented and maintained. No illegal activities detected (Observation Addressed). Based on the Removal Pass sampled that covered logs transported to mill, the identification of Sabah TLAS Compliant on the Removal Pass has been implemented FDS-CC #: FDS (SLS) 012/2017 with validity 01/05/ /04/2018 are stamped on the removal passes (Observation Addressed). 5 th Apr 2018: GAP 001/2018 (minor) Checklist The last harvesting operation was conducted in December 2017 / January However, it was observed that the logging contractor certificate was expired since 12 th October th Apr 2018: GAP 002/2018 (minor) Checklist ECR was not conducted as required in the EIA report, Section 6 whereby harvesting activities commenced from November 2016 to January th Apr 2018: GAP 003/2018 (minor) Checklist logs were sampled at the log landing (N 05 o E 116 o ), which are traceable to the Timber Disposal Permit (TDP) and Removal Passes. Logs that were sampled at the log landing had different measurement compared to TDP. Mekar Mewah explained to the team that logs requested by buyer earlier rejected by the buyer. The log numbers were then re-used and transferred to the new logs acquired by the buyer and royalty paid. However, these numbers were not removed from the rejected logs. The supporting documents provided by the company to prove measurements of these logs were tally between the Delivery note and TDP. 5 th Apr 2018: GAP 003/2018 (minor) - Closed Tongod District Forestry Office had forwarded an explanation letter to GFS on the immediate action taken 4

5 Highlights of Assessment by FDS staff. FDS staff and Mekar Mewah had removed all the incised log numbers, FDS Royalty Hammer Mark and red RJ was marked on each end of the rejected logs. All rejected logs were separated from the paid logs and kept in one place at stumping. Pictures were taken and attached to the explanation letter (Ref. #: JPHTN/TG 700-2/3/9 (JLD.3) 20 dated 5 th April 2018). 2 cross cut logs (log number 7331 and 6763) observed at log landing were not properly identified with A & B. Observation Checklist th Apr 2018: GAP 004/2018 (minor) Checklist 2.6.2, No evidence of PPE and first aid kit training for forest workers. Principle 3. Records of royalty payment, removal pass fees and other charges were available and maintained by the licensee. 5 th Apr 2018: GAP 005/2018 (Major) Checklist Royalty paid logs at the log landing were hammered with FD RP 10/29. However, it was also observed that rejected logs (non-royalty paid logs) were also hammered with FDS Royalty Hammer Mark. 5 th Apr 2018: GAP 005/2018 (Major) - Closed Tongod District Forestry Office had forwarded an explanation letter to GFS on the immediate action taken by FDS staff. FDS staff and Mekar Mewah had removed all the incised log numbers, FDS Royalty Hammer Mark and red RJ was marked on each end of the rejected logs. All rejected logs were separated from the paid logs and kept in one place at stumping. Pictures were taken and attached to the explanation letter (Ref. #: JPHTN/TG 700-2/3/9 (JLD.3) 20 dated 5 th April 2018). Principle 4. There are no villages or human settlements within the project area. Results: (Compliance = 10; Non-Compliance = 0) Gaps raised against indicators & criteria during the April 2018 assessment. GAP Type Checklist Description 001/2018 Minor /2018 Minor (Minor) 003/2018 Closed The last harvesting operation was in December 2017 / January However, it was observed that the logging contractor certificate was expired since 12 th October ECR was not conducted as required in EIA report Section 6. Harvesting was conducted from November 2016 to January logs were sampled at log landing had different measurement compared to TDP. Mekar Mewah explained to GFS team that logs were requested earlier were rejected by the buyer. Logs numbers were then re-used and transferred to the new logs acquired by the buyer and royalty paid. However, these numbers were not removed from the rejected logs. Supporting documents were provided by the company to prove measurements of these logs were tally between Mekar Mewah s Delivery note and TDP. 5 th April 2018: All the incised log numbers, FDS Royalty Hammer Mark were removed and a red RJ was marked on each end of the rejected logs. All rejected logs were separated from the paid logs and kept in one place at stumping. Pictures were taken and attached to the 5

6 GAP Type Checklist Description 004/2018 Minor explanation letter (Ref. #: JPHTN/TG 700-2/3/9 (JLD.3) 20 dated 5 th April 2018). No evidence on safety & health training e.g. PPE and first aid kit training. The rejected logs observed at the log landing (non-royalty paid logs) were hammered with FDS Royalty Hammer Mark. 005/2018 Major (Closed) th April 2018: All the incised log numbers, FDS Royalty Hammer Mark were removed and a red RJ was marked on each end of the rejected logs. All rejected logs were separated from the paid logs and kept in one place at stumping. Pictures were taken and attached to the explanation letter (Ref. #: JPHTN/TG 700-2/3/9 (JLD.3) 20 dated 5 th April 2018). Status of previous outstanding Gaps. GAP Type Checklist Status Description of Close Out Observations: OBS # Checklist # Description cross cut logs (log number 7331 and 6763) observed at log landing were not properly identified with A & B. Highlights of Close Out Visit (if applicable) Dates 5 th April 2018 Tongod District Forestry Office had forwarded an explanation letter to GFS on the immediate action taken by FDS staff to rectify GAP 003/2018 (minor) and GAP 005/2018 (Major): FDS staff and Mekar Mewah had removed all the incised log numbers, FDS Royalty Hammer Mark and red RJ was marked on each end of the rejected logs. All rejected logs were separated from the paid logs and kept in one place at stumping. Pictures were taken and attached to the explanation letter (Ref. #: JPHTN/TG 700-2/3/9 (JLD.3) 20 dated 5 th April 2018). Recommendations Mekar Mewah Sdn. Bhd. has demonstrated compliance with the Sabah Legality Standard (FDS-TLAS- 002) for its designated area and is recommended to receive a GFS Audit Statement and STCC from FDS. Gaps/observations identified in this assessment shall be addressed before the next surveillance visit. Actions required to close the gaps/observations include: Gap 001/2018 (Minor) Checklist 2.1.2: Mekar Mewah shall renew the logging contractor certificate prior to the next harvesting operation. Gap 002/2018 (Minor) Checklist 2.1.3: Mekar Mewah shall submit ECR quarterly to EPD as required. Gap 004/2018 (Minor) Checklist 2.6.2, 2.6.7: Mekar Mewah shall conduct PPE & First Aid Kit training to increase awareness amongst workers. Observation Checklist : Mekar Mewah shall identify crosscut logs with A & B as required by FDS procedures. The next surveillance audit will be scheduled in April End of Summary Report 6