Compliance Checklist / Report

Transcription

1 Compliance Checklist / Report Sabah Legality Standard Principles 1-4 Licensee Lagenda Aktif Sdn. Bhd. Reference # G Contact Person Office Address Site Address Balasubramaniam Kanniapan (General Manager) Vincent Tong (Chief Operating Officer) Lot 11-2, 2 nd Floor, Block G, Lintas Square, Jalan Lintas, 88300, Kota Kinabalu, Sabah Lot 21, Block C-9, Ground Floor, Jalan Masjid, Future City Shophouse, 89007, Keningau, Sabah bala_k4751@hotmail.com vin06kok@yahoo.com.sg Date of Report Date of close out Telephone Fax Telephone Fax Approved By Statements GFS Audit Statement # NA Non-compliance to Criteria 2.1 Issuance Date NA Exipry Date NA 07 August August / / Dr. Kevin T. Grace Assessment Dates August 2015 Scope of Assessment TLAS Principles 1 4 Assessment Details Species GFS Lead Assessor GFS Assessor(s) FDS Staff Mixed species from selective felling Dr. Bernd Hahn-Schilling Azad Janggil Abdullah, Charlene Billy, Ryan Wong Roslan Junaidi (KU FLEGT), Henry Ladsou (DFO PPD 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 13 Nov 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. FMU # 11 Lagenda Aktif Page 1

2 Overview of Licensee Summary Information Lagenda Aktif Sdn. Bhd. is a Sabah registered company conducting timber harvesting and replanting activities in the State of Sabah. Tenure is based on the Sustainable Forest Management License Agreement (SFMLA 02/2012) commencing on 22 May 2012 and expiring on 3 Dec 2062 for all activities within the concession. The licensee is managing part of Ulu Sg. Millian Forest Reserve with a total licensed area of 10,008 ha, located within FMU 11. This area was formerly managed by Bornion Timber Sdn Bhd. Lagenda Aktif engages one harvesting contractor for salvage logging activities in the ITP areas Ivory Esteem Sdn. Bhd.; one sawmill contractor Pengkalan Bakat Sdn. Bhd. Smart Link Formation Sdn. Bhd., whereas Samayantan Sdn. Bhd. is the appointed nursery contractor. Lagenda Aktif workers carry out rubber and mosaic planting and maintenance activities. Land classification FMP Area (ha) Current (ha) Total Concession Area 10,008 10,008 Production Area - Natural Forest Management Area (Mosaic area) (salvage logged) (planted to date) - Plantation Forest (ITP) 8, , (salvage logged) 2, (planted to date) Protected Forest & Conservation Areas Social Community & Agriculture - - Infrastructure, Roads Buildings, etc - - Environmental context The SFMLA license area was formerly held by Bornion Timber Sdn. Bhd. before it was excised in Since 1997 no activities had been carried out by Bornion Timber Sdn. Bhd. within this part of the FMU 11 area. Prior to 1997 (in the 70s) Ulu Sg. Millian Forest Reserve was extensively logged by at least 19 different companies. The logging licenses were issued on a short to medium term basis which varied from one year (Form I license) to 25 years (Special license), depending on the extent of the area licensed. The licensees were not required to carry out forest rehabilitation and silvicultural treatment operations under these licenses. This was solely under the responsibility of the Sabah Forestry Department. The SFMLA area comprises three forest types, which include: Upland Mixed Dipterocarp Forest (9,337.9 ha), Lowland Mixed Dipterocarp Forest (558.9 ha), as well as Lowland Dipterocarp and Heath Forest ( ha). The forests of the licensed area are severely degraded and left with low quality stands of Dipterocarp species (Shorea leprosula, Anisoptera costata, Hopea sangal, etc.), and are mostly dominated by Macaranga spp. and species of the Zingerberaceae family. FMU # 11 Lagenda Aktif Page 2

3 No new wildlife assessments have been undertaken in the area to determine to what extent these wildlife species still occur. The only areas left behind are disturbed habitats within the NFM area The local communities are relying highly on the watershed areas within the SFMLA area, because their water-gravity systems are located here. Existing EIA report Lagenda Aktif holds an approved EIA report which covers the logging area of Ulu Sg. Millian Forest Reserve. Social context A Social Baseline Survey (SBS) was carried out by Lagenda Aktif from November 2011 to January 2012, in full consultation and cooperation with staff of the Sook and Nabawan District Forest Offices, as well as officers from both District Councils. No village is located within the SFMLA area. However, there are four villages located 2 km away from the boundary of the SFMLA area, which include: Kg. Saup Baru, Kg. Pulutan, Kg. Mototou, and Kg. Kawakaan. Most of the population of these villages belong to the Dusun and Murut Lundayeh ethnic groups. Almost all villages enjoy basic infrastructure facilities: all villages are accessible by roads. Electricity is supplied to the villages by SESB or generator sets. All villages have installed piped gravity water. About 20% of the respondents owned Titled Land (ranging from 0.1 ha and 5.0 ha), whilst 80% stated that they do not own any land or they are in the process of application for Native Titles. In addition, all villagers recognized the importance of watershed conservation as their water supply source. The only watershed areas available are located within the SFMLA area. Scope of Assessment The scope of the evaluation is to verify compliance of Lagenda Aktif Sdn. Bhd. (Lagenda Aktif) to the terms and conditions of the Sabah Forest Management License Agreement (SFMLA 02/2012) for FMU 11. The assessment is made in accordance to the terms of the agreement for the Sabah Legality Standard, Principles 1-4 dated 13 Nov Site evaluation is to be carried out to verify and report the level of compliance by Lagenda Aktif to the Sabah Legality Standard in respect to each of the criteria listed within this document. 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. FMU # 11 Lagenda Aktif Page 3

4 Date 03 August 2015 Travel to Keningau 04 August 2015 Itinerary of Assessment Activity Opening Meeting, Site visit to salvage logging area (C27), Contractor logging camp, Planting site (C25), Maintenance site (C21 Block 2), Riparian Reserve, Stumping, Nursery; Workshop, Staff quarters, Document review at Lagenda Aktif Base Camp. 05 August 2015 Document review at Lagenda Aktif (Keningau) office 06 August 2015 Document review at Lagenda Aktif (Keningau) office, preparation of draft report 07 August 2015 Finalization of draft report. Return travel to Sandakan and Kota Kinabalu, respectively. (Major Gaps = 1; Minor Gaps = 0; Observations = 2) Highlights of Assessment Lagenda Aktif Sdn. Bhd. had addressed three previous Major gaps (GAP 002/2013; GAP 005/2013 and GAP 008/2014), and three minor gaps (GAP 006/2014, GAP 007/2014 & GAP 009/2014). Since one new Major gap (GAP 010/2015) was identified during the assessment Lagenda Aktif Sdn. Bhd. has NOT complied with the Sabah Legality Standard (Principles 1-4 v01 13 Nov 2013). Currently, Lagenda Aktif is actively carrying out operations for site preparation and plantation development at its Industrial Tree Planting (ITP) area. This includes clear felling, terracing, stacking and subsequent planting with rubber seedlings (Hevea brasiliensis). Based on the second quarterly progress report, a total of ha had been felled for land preparation. Land clearing was slowed down to facilitate and complete planting of the areas that were prepared last year. A total of 43,027 trees covering an area of ha had been planted during the first quarter. Only % of the planting target had been achieved for the second quarter, which is mainly due to labour shortage and dry weather conditions. One Major gap was identified during the assessment: Checklist Major: Spillage prevention, handling and storage of oils, fuels and scheduled waste are inadequate. A prohibited Class II Pesticide Alpha-Cypermethrin (Brand: PESTAC 3) was found at the nursery chemical store. Two observations were also made during the assessment: C1.7.2: Nursery stock of seedlings to be used for mosaic planting is insufficient to meet the AWP 2015 planting target. C2.6.10: First Aid box at Lagenda Aktif workshop has not been refilled with essential contents. No fire extinguishers available at contractor quarters (Ivory Esteem). Evidence of open burning found next to contractor quarters (Ivory Esteem). FMU # 11 Lagenda Aktif Page 4

5 Results: GAPs raised against criteria during the August 2015 assessment. GAP Type Checklist Description 010/2015 Major Spillage prevention, handling and storage of oils, fuels and scheduled waste are inadequate. A Prohibited Class II Pesticide Alpha- Cypermethrin (Brand: PESTAC 3) was found at the nursery chemical store. Status of GAPS previous outstanding gaps. GAP Type Checklist Status Description of close out 002/2013 Major (2.2/2.4) old standard In Cpt7, it was observed that the stream buffer zones are adequately marked on the ground visited. The constructed spur road parallel to a stream within a buffer zone has been closed and planted with Binuang and Gagil species. All soil had been removed from the buffer zone and all logging debris previously blocking the natural drainage system had been removed. 005/2013 Major ABC Powder Nitrogen gas (fire extinguisher) has been placed at all 5 campsites that been checked. 13 units from Faxcom Trading Invoice No: dated 23/12/2014. All inspected. Expiry date 16/12/ Concrete floor and bund including oil traps had been erected at the nursery genset house, camp site, base camp workshop and sawmill genset house. 3. Schedule waste at base camp (Pantas Hijauan) has been segregated and a waste collection basin has been put in place. Three collection drums were placed near the workshop for waste disposal. 4. According to the representative officer (Mr. Frederick Ikang), all illegal workers have been terminated immediately by the licensee. All 5 camp sites were checked and found out that 2 camp sites were abandoned and Pangkalan Bakat s sawmill found to be no workers and stopped their operation since workers without valid document have been terminated by the licensee. SOCSO was no more relevant. 008/2014 Major (old) New According to the representative officer (Mr. Frederick Ikang), all illegal workers have been terminated immediately by the licensee. Refer Lagenda Aktif s FMU # 11 Lagenda Aktif Page 5

6 GAP Type Checklist Status Description of close out standard letter dated 3 rd November licensee workers has been issued C.I. (Refer: JPHTN/SO:EIS 700-2/11/KLT.39/4 dated 16/01/2015) letter from FDS Sook to Lagenda Aktif Sdn. Bhd. Receipt No: AM dated 16/12/ Pangkalan Bakat Sdn. Bhd. were C.I. registered. Refer: JPHTN/SO:EIS 700-2/11/KLT.39/2 dated 12/01/ /2014 Minor 12.3 Lagenda Aktif does now have a formal SOP system for forest operations, communication and dispute resolution processes. Documents were maintained and made available during the assessment. 007/2014 Minor 1.4 (old) New standard (2.1.11) 009/2014 Minor 4.4 (Old) New Standard a. Lagenda Aktif possesses a list of vehicles owned by the licensee and its subcontractors allow gatekeepers to identify personnel authorised to enter the licensed area. b. Forest patrolling activities were carried out by Lagenda Aktif. The records were maintained in the daily patrolling record file and were made available during the assessment. These activities were conducted four times a month in Records of workshops & trainings attended by Lagenda Aktif staffs were available. Based on the records, Lagenda Aktif staffs and workers attended numerous courses vary from health and safety to certification purposes. Highlights of Close out visit (if applicable) Major GAP 010/2015, should be addressed by 30 October Dates Recommendations Lagenda Aktif Sdn. Bhd. has NOT demonstrated compliance with the Sabah Legality Standard (Principles 1-4 v01 dated 13 Nov 2014) for FMU 11 and needs to address the non-compliance by 30 Oct 2015 to be eligible for a GFS Audit Statement and STCC from FDS. Recommended actions for GAP 010/2015: - Practice more care and diligence in oil spillage prevention and collection. Collect, store and dispose of fuel and oil spillages as Scheduled Wastes according to environmental regulations. Conduct briefing sessions on precautionary measures for all workers, including contractors. - Ensure that Diesel Tank of Contractor is removed following completion of salvage logging operations. All contaminated soil around the diesel tank area shall be collected and disposed as Scheduled Wastes according to environmental regulations. FMU # 11 Lagenda Aktif Page 6

7 - Close opening in secondary containment wall of diesel tank at nursery site to avoid overflow in worst case scenario. No drainage of secondary containment is permitted. Establish concrete surfaces and bund/oiltrap at fuel dispensing area - Remove Prohibited Class II Pesticide Alpha-Cypermethrin (Brand: PESTAC 3) from chemical store. Immediately stop using this chemical within the licensed area. Recommended actions for observations: - Increase nursery stock of seedlings to be used for mosaic planting to cover AWP planting target. - Conduct briefings and improve enforcement of open burning ban. Provide fire extinguishers for all contractor staff quarters. - Refill First Aid box at Lagenda Aktif workshop with essential contents, such as scissor, bandages, eye drops, wound dressings, plasters, tapes, antiseptic solution, etc. End of Summary Report FMU # 11 Lagenda Aktif Page 7