Checklist Compliance

Transcription

1 Checklist Compliance TLAS SFMLA Sabah Licensee Details Company: Eco-Plantations Sdn. Bhd. Ref #: G Address: KL Office: Suite 3.03, Floor No.3, Wisma E & C, No. 2, Lorong Dungun Kiri, Damansara Heights, 50490, Kuala Lumpur, Malaysia. Sabah Office: A030, ABX Express, Tingkat 1, Lot 2, Bangunan Plaza Marudu, Kota Marudu, Sabah, Malaysia. Contact: Mr. Devarajan A/L Varuthan (Forestry Executive) Mr. Henry Choo (Forestry Executive) Mr. Shein Fook Voh (Timber Manager) devarajan@shcm.com.my henryc@shcm.com.my eco_plantationfmu2@yahoo.com Tel: / Fax: / Assessment Date 20 th 23 rd May 2013 Assessment Details GFS Lead Assessor GFS Assessor SFD Staff SFD Staff Lai Jia Woei and John Baxter Siti Radiah Mohamad and Dayang Hanisah Maidin Subari Suparlan and Narbert Nasly (FLEGT officers) Pius Primus (MCEE Kudat), Fedelis Tangkim (DFO Pitas), Ahmat Ghanie (ADFO Pitas), Kenson Gunting (KPPM) OBJECTIVES: The objective of this checklist is to verify compliance to the conditions listed in the Timber Legal Assurance System for Sabah. 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. Page 1

2 Overview of Licensee Summary Information The North Borneo Timbers Corporation Bhd. is the signatory to SFMLA 05/97 for FMU 2 however they have officially changed their name to The North Borneo Timbers Corporation Sdn. Bhd. on 3 rd June FMU management has been taken over by Eco-Plantations, a wholly owned subsidiary of The North Borneo Timbers Corporation Bhd.. Eco-Plantations is a Sabah registered company primarily based on logging activities; however at the moment are only concentrating on ITP establishment. Tenure is based on SFMLA 05/1997 that starts on 10 th September 1997 and expires on 9 th September 2097 for all activities within the concession, Land classification FMP Area (ha) Current (ha) Total Concession Area 94,227 94,227 Production Area - Natural Forest Management Area 45,159 10,000* - Plantation Forest (ITP) 34, Protected Forest & Conservation Areas 12,239 12,239 Social Community & Agriculture 2,527 2,527 Infrastructure, Roads Buildings, etc * To date, 10,000 ha done silviculture. Environmental context Commercial exploitation in FMU 2 started as early as in the 1950s. The forest exploitation continued until year 2000 in Paitan Forest Reserve under short term logging licenses (Form 1). The FMU has history of fires due to excessive loggings occurred in year 1983, 1992 and 1998 respectively. FMU 2 consist of 6 forest types, which are: Upland Mixed Dipterocarp Forest, Lowland Mixed Dipterocarp Forest, Lowland Dipterocarp and heath Forest, Lowland seasonal Freshwater and Swamp Forest, and Peat Swamp Forest. Eco-Plantations have conducted wildlife survey in 1999 which despite its level of degradation, identified major species in the field such as orang utan, flying lemur, slow loris, proboscis monkey, pangolin, tembadau, kijang, mouse deer, gibbon, clouded leopard, sun bear, read leaf monkey and binturong. Birdlife of hornbills & pheasants and macaque were found present in the FMU. Amphibian species such as crocodile, lizards and snakes commonly found sited in the area. Eco-Plantations have carried out EIAs prior to ITP and silvicultural activities. Page 2

3 Social context GLOBAL FORESTRY SERVICES (M) SDN. BHD. Eco-Plantations have stated in the FMP there are 13 villages located within the FMU (Kg. Alongai-Tigawi, Kg. Buang Sayang, Kg. Dalamas, Kg. Kiambalang, Kg. Kaiboton Lama, Kg. Matanggal Baru, Kg. Pantai Boring, Kg. Simpang Tiga, Kg. Sokoon, Kg. Tawanan, Kg. Timpus, Kg. Kaiboton Baru, Kg. Pisang) and another 11 villages living outside the FMU (Kg. Andab, Kg. Batangan Darat, Kg. Ladap-Gambir, Kg. Layang, Kg. Layong Darat, Kg. Layong Pusat, Kg. Pias, Kg. Ranggal, Kg. Sinukab, Kg. Sulit, Kg Telutu). Eco-Plantations have designated 15 compartments for community forestry (1,2,3,13,22,36 54,57,164,172,174,185,189,212 and 250) totalling 2,527 ha. Total of 27 villages have been identified located within and adjacent to the FMU up to date. A list has been prepared accordingly. However Kg. Layong Darat [GPS N E ] was observed further encroached into FMU 2 during the 3 rd TLAS audit. In 2010, Eco-Plantations have conducted pre social baseline survey for 23 villages (inside forest reserve: Kg. Matanggal Baru Kg. Kaiboton Lama, Kg. Kaiboton Baru, Kg.Pinangkau, Kg. Simpang Tiga,, Kg. Pias, Kg. Botung, Kg. Ranggal, Kg. Andab, Kg. Alongai, Kg. Layung darat, Kg. Timpus Paitan, Kg. Buang Sayang, Kg. Tawanan, Kg. Dalamas,, Kg. Kimbalang outside forest reserve: Kg. Kadayan, Kg. Golong Beluran, Kg. Kubambamgan, Kg. Pinampadan, Kg. Layung Pusat, Kg. Kaindangan Paitan, Kg. Sinukab and Kg. Sulit Paitan). The villages to the north and east of Paitan FR (Kanibongan, Kaindangan, and Tengkarason rivers) are populated alomost exclusively by Dusun/Rungus communities of the Kadazan-Dusun ethnic group. On the other hand, the villages located to the south of Paitan and Kawananan rivers are predominantly populated by Orang Sungai communities also the Kadazan-Dusun ethnic group. Most of these communities have been converted to Christianity the Rungus by the Protestant Church of Sabah and the Orang Sungai by the Roman Catholic Mission of Sabah. The local communities in Kg. Pantai Boring who are also the Orang Sungai of the Kadazan-Dusun ethnic group, are mostly Muslims. In March 2013, Eco-Plantations have started a forest community programme with Kg. Pinangkau by exchanging rubber seedlings (RRIM 2002 and 2025) with 1200 Kapur seedlings for enrichment purpose at C27 and C41. Records of activity are documented and maintained. Page 3

4 Scope of Assessment The scope of the evaluation is to verify compliance of Eco-Plantations Sdn. Bhd. to the terms within the Sabah Forest Management License Agreement (SFMLA 05/97) for FMU # 2. The assessment is in accordance on the terms of the agreement for the Sabah Independent Auditing of SFMLA based on the agreed checklist approved by SFD, MTC, GTZ & EU FLEGT representative for Malaysia. Site evaluation to verify and report the level of compliance by Eco-Plantations and contractors to the standard in respect to each of the criteria within this report. Level of compliance is full compliant with no gaps in performance or elements of the standard that are not applicable; partial compliant with minor gaps in compliant & non-compliant that identifies inadequate compliance to the criteria. Itinerary of Assessment 20 th May 2013: Travel to Kota Marudu and Opening Meeting (overnight in Pitas). 21 st May 2013: Site visit to Kg. Timpus, C185 and C209 FMU boundary/ stateland, silviculture C37, C47 ITP terracing, C48 base camp, C41 Kapur planting (overnight in Pitas). 22 nd May 2013: Document review (overnight in Pitas). 23 rd May 2013: Closing meeting and travel back to Sandakan. Highlight of Assessment The May 2013 assessment, Eco-Plantations Sdn. Bhd. (Eco-Plantations) scored 88.1% with 3 outstanding gaps closed and there are: C1.3, C4.3 (sharing the same gap with outstanding C3.8), C10.2 and C12.3s, while 5 existing gaps C2.2, C3.2, C3.8, C12.1, and C12.2 remain as outstanding. Eco- Plantations have complied with the Sabah TLAS standard and is classified as Verified Legal Compliant (VLC). The 5 outstanding gaps are concentrated mainly on the social assessment and issues in the management plans that need to be addressed in the third Forest Management Plan (FMP) and second Plantation Development Plan (PDP). Eco-Plantations have made several progress in lieu with mid-term review: 1. FMP and PDP revision: - Revised FMP Appendix 7 (Forest Stratification map of FMU 2) to tally with FMP Table Forest Stratification, which is now tally with Appendix 11 (Forest Land Use map of FMU 2), where the western part of FMU 2 are earmarked for conservation, while the middle part for ITP (Stratum 3 Poor Forest and Stratum 4 Very poor Forest), and eastern part of FMU 2 are for NFM. - Conducting Social Baseline Survey and updating community locality map for villages inside and outside of the forest reserve. However, the licensee needs to take note that there are 6 villages which are mapped in the current Appendix 5 (Community Settlements map of FMU 2) but there are no social information recorded in the revised Table Result of Social Baseline Survey in FMU 2 (i.e: Kg. Bawang, Kg. Musinggapu, Kg. Tg. Nipis, Kg. Bambangan, Page 4

5 Kg. Lokang, Kg. Lubang Buaya). Highlight of Assessment 2. Forest community - Eco-Plantations have established a forestry community team to communicate, negotiate and handle disputes with local communities. With the presence of Dispute Resolution SOP dated April 2013, Eco-Plantations are planning to handle the outstanding land claims with the local communities. - In March 2013, Eco-Plantations have started to conduct dialogue and in the process established Community Forestry Programme, as an example, exchanging rubber tree seedlings with Dipterocarps with the villagers of Kg. Pinangkau. 3. Silviculture - Eco-Plantations have come out with a revised annual silviculture treatment planning in NFM areas, which will be included in the revised FMP during the Mid-Term review. - Silviculture treatment observed at C39 was not carried out thoroughly. 4. EIA - Representative of Eco-Plantations have reported that they have a missing EIA document during the changing of its management, however they will strife to obtain a copy from EPD. 5. Rubber Plantation - Eco-Plantations have written a request for SFD approval to carry out terracing at C47 [Ref. letter #: EPSB/FMU2/JPPTS/13(22) dated 24 th March 2013]. Several observation were made as follows: 1. The licensee is required to request for a copy of the missing EIA documents from EPD. 2. Document all the activities being carried out within the FMU (i.e: internal training, development of C28 for Kem Cinta Alam). 3. Fencing and signages are needed for waste disposal pit. No segregation of biodegradable and non-biodegradable before disposal. 4. Chemical for Insecticide Class II (Termicide 38.7EC) was found kept in the store. This chemical contained Chlorpyrifos element whichis classified as highly hazardous in the FSC Pesticides Policy. 5. Bund need to be constructed in order to handle emergency cases during leakages. The bund should be able to hold the total volume of oil from the tank. Page 5

6 Results: During May 2013 TLAS assessment, the percentage of indicators showing full or partial compliant for Eco-Plantations Sdn. Bhd. was 88.1% and has complied with the Sabah TLAS to be classified as Verified Legal Compliant (VLC). The following table displays a breakdown of the various levels of compliance. Compliance Level Compliant Partial Non- Not Total Applicable (1) (0.5) Compliant Applicable Criteria Criteria Critical 6 NA Non-Critical Sub-Total Total The following GAPS were raised for partial and non-compliant indicators during the May 2013 assessment. GAP Checklist Compliance Level Partial compliant Partial compliant Partial compliant Partial compliant Partial compliant Description There were no EIA and quarterly EIA compliance report presented during the assessment for C42, 47, 48, and 64 (1,466 ha). The current approved FMP does not contain inventory documentation on the current stand conditions as prescribed in the SFMLA Clause 45 (iii). Sustainable yield and AAC has not been addressed using ground inventory; only through SPOT satellite image. The ITP planned area is not justified in regards to management objectives of Sustainable Forest Management (SFM) as it appears to be conversion to rubber. Lack of silvicultural plan mentioned for NFM area in the FMP. The current approved PDP does not have inventory data in place to indicate the forest condition prior to conversion and no protection for NFM areas that can contain HCV within the planned ITP area. There were no mitigation measures indicated in the social assessment to minimize the negative impact identified. Outstanding land claims (rubber trees) inside the FMU by the villages (Kg. Matanggal Baru Kg. Kaiboton Lama, Kg. Kaiboton Baru, Kg. Simpang Tiga, Kg. Pias, Kg. Botung, Kg. Andab, Kg. Alongai, Kg. Layung darat, Kg. Timpus Paitan, Kg. Buang Sayang, Kg. Tawanan, Kg. Dalamas, Kg. Kimbalang) that are still pending to be solved. Page 6

7 Recommendations: The following recommendations are stated as follows; a. An updated document such as maps and social baseline survey needs to be submitted to SFD for approval and endorsement. b. Information on Social Baseline Survey for 7 villages (Kg. Pantai Boring, Kg. Sokoon, Kg. Batangan Darat, Kg. Ladap-Gambir, Kg. Layung, and Kg. Telutu and Kg. Niatang) should be included in the mid-term review of the FMP as well as in the second revision of AWP c. Include latest inventory data to define current forest stock, social baseline survey information done in Year 2010 and 2013, and development of C28 into forestry checking station and potential eco-tourism areas in the FMP Mid-Term review and draft AWP d. It is recommended that the methodology and prescription to conduct climber cutting and vines in NFM areas in the Silviculture SOP. e. Submit a copy of Forest Fire Management Plan, SOP of Silviculture, Enrichment Planting, Dispute Resolution for SFD reference. f. Continue to have community forestry programme with villages on a win-win situation. g. Cleanliness is a must, at all compounds such as labour quarters, nursery, office, workshop and storage areas. h. All activities and construction conducted in the FMU area must be reported and documented with SFD. End of Summary Report Page 7