Compliance Checklist / Report

Transcription

1 Compliance Checklist / Report TLAS SFMLA Sabah Licensee Details Company: Lagenda Aktif Sdn. Bhd. Ref #: G a Date: 8 Nov 2014 Address: KK Office: Lot 11-2, 2 nd Floor, Block G, Lintas Square, Jalan Lintas, 88300, Kota Kinabalu, Sabah. Keningau Office: Lot 21, Block C-9, Ground Floor, Jalan Masjid, Future City Shophouse, 89007, Keningau, Sabah. Contact: Balasubramaniam Kanniapan (General Manager) Vincent Tong (Chief Operating Officer) bala_k4751@hotmail.com vin06kok@yahoo.com.sg Tel: / Fax: / Assessment Details Assessment Date Oct 2014 / Close out assessment by SFD Jan 2015 GFS Lead Assessor GFS Assessor(s) SFD Staff SFD Staff Lai Jia Woei & Bernd Hahn Schilling Rex Thomas Roslan Junaidi, Subari Hj. Suparlan and Narbert Nasly (FLEGT officers) Henry Ladsou (DFO PPD Sook), Bonaventure O. B (ADFO PPD Sook) and Mohamad Duraman (KPPM Mukim Pingas) 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 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 SFMLA 02/2012 that starts on 22 May 2012 and expires 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 formerly held by Bornion Timber. Lagenda Aktif engages one contractor for salvage logging activities in the ITP and NFM mosaic planting areas - Dynasan Jaya S/B; one sawmill contractor Pengkalan Bakat S/B; four site preparation contractors Husada Utama S/B, Pemborong Makin Jaya S/B, Teroka Maju Setia S/B, Udajaya Permai S/B. Smart Link Formation S/B is the nursery contractor. Lagenda Aktif workers carry out 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) (salvaged) *Planting has not started - Plantation Forest (ITP) 8, , (salvaged) 740 (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 there have been no activities carried out by Bornion Timber Sdn. Bhd. within the SFMLA 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 treatments under these licenses. This was solely 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 licensed area is severely degraded and left with low quality stands of Dipterocarps (Shorea leprosula, Anisoptera costata, Hopea sangal, etc.) and dominated with Macaranga spp. and species of the Zingerberaceae family. FMU 11 Lagenda Aktif Page 2

3 Although severely degraded, the area contains a significant amount of wildlife such as orangutans, gibbons, macaques, sambar deer, barking deer, the malay sun bear, leopard cat, common palm civet and tree shrew. Some of these are classified as rare, threatened or endangered. Birdlife is also high. Five out of the eight species of hornbills found in Sabah are also found in the licensed area. The local communities are relying highly on the watershed areas within the SFMLA area, because their water-gravity systems are located here. 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 are: 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 have basic infrastructure. 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 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 % of the households depend on the water sources from the forest reserve, 95% for hunting, 60% for harvesting rattan, 15% for firewood and 10% for harvesting medicinal plants. Scope of Assessment The scope of the evaluation is to verify compliance of Lagenda Aktif Sdn. Bhd. (Lagenda Aktif) to the terms within the Sabah Forest Management License Agreement (SFMLA 02/2012) for FMU 11. The assessment is in accordance on the terms of the agreement for the Sabah Independent Auditing of SFMLA based on the current Sabah Legality Standard (G188c Sabah Legality Standard v04 Dec 2013). A site evaluation to verify and report the level of compliance by Lagenda Aktif and its appointed contractors was conducted to the Standard in respect to each of the criteria within this report. Compliance is defined when the auditee demonstrates that operations have no or only minor gaps identified 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 Itinerary of Assessment Date Activity 27 Oct 2014 Travel to Keningau and Opening Meeting (overnight in Keningau). Site visit to C7 cover crop and rubber planting, C7 Lagenda Aktif and stateland licensed boundary, C10 ITP land preparation, C9 salvage logging in mosaic planting 28 Oct 2014 area, subcontractors campsite: C10 Pemborong Makin Jaya S/B, C10 Dynasan S/B camp site [Camp A and Camp B], and document review at site office (overnight in Keningau). Site visit to C9 and C15 mosaic planting site preparation, stumping, Pengkalan 29 Oct 2014 Bakat [Kilang B] sawmill, Pantas Hijauan S/B workshop, tapak bengkel and contractor campsites (sawmill, nursery, and base camp), document review at base camp office, Lagenda Aktif s Gate 2 and Kg. Saup Baru (overnight in Keningau). 30 Oct 2014 Document review at Lagenda Aktif s Keningau office (overnight in Keningau). 31 Oct 2014 Closing meeting and travel back to Sandakan. Highlights of Assessment October 2014: (Major Gaps=3; Minor Gaps=3; Observations=6) 27 Jan 2015: Close out visit : (Major Gaps=0; Minor Gaps=3; Observations=6) October 2014 assessment: Lagenda Aktif Sdn. Bhd. had addressed 3 previous Major gaps (GAP 001/2013; GAP 003/2013 and GAP 004/2013. Two Major gaps (GAP 002/2013 & GAP 005/2013) remain outstanding along with minor gap (GAP 006/2013). One new Major gap (GAP 008/2014 and two new minor gaps (GAP 007/2014 and GAP 009/2014) were raised during the current assessment, Lagenda Aktif has NOT demonstrated compliance with the Sabah Legality Standard (G c - Sabah Legality Standard v04 Dec Current status of operations: (Oct 2014) Lagenda Aktif is actively carrying out forest operations at its Industrial Tree Planting (ITP) area such as clear felling, terracing, stacking and planting for their rubber wood planting. The licensee achieved ha (69.28%) of planting target in the 3 rd quarter out of 1,000 ha planting target planned in year In addition, salvage logging operations in the NFM area prior to mosaic planting were started in the 3 rd quarter. To date, a total of 300 ha [from C19, C9 and C15] have been salvaged, yielding a log volume of 4,066.10m 3. Mosaic planting with fast growing species is scheduled to be carried out during the 4 th quarter. The assessment identified 3 Major and 3 Minor gaps are as follows: GAP 002/2013 Major Outstanding (C2.2 & C4.2): Stream buffer zones had not been marked. A spur road had been constructed parallel to the stream within the buffer zone. Soil was pushed into the buffer zone and logging debris is blocking the natural drainage system in C7. GAP 008/2014 Major (C10.1.1): 12 out of 14 contractors workers randomly sampled in the field did not possess valid documents and C.I. GAP 005/2013 Major Outstanding (C10.2): Campsites need to be restored and equipped with new fire extinguishers. Inadequate oil traps and fuel and oil spillage at nursery genset house, diesel tank and oil storage areas in various campsites were observed. Scheduled waste has not been segregated, stored separately and disposed of according to environmental laws and regulations. 13 out of 14 contractor FMU 11 Lagenda Aktif Page 4

5 Highlights of Assessment workers randomly sampled were not covered by SOCSO / insurance. GAP 006/2013 Minor Outstanding (C12.3) Lagenda Aktif does not have a formal SOP system for forest operations, communication and dispute resolution processes. GAP 007/2014 Minor (C1.4): Lagenda Aktif gatekeeper s records lack of list of vehicles owned by the licensee and its subcontractors to identify authorised persons permitted to enter the licensed area. Patrolling activities that have been carried out were inconsistently recorded and maintained by personnel in charge. The records showed patrolling had only started in August Patrolling was supposed to have been implemented soon after the previous TLAS assessment report findings. During the site visit to NFM C15, the assessment team encountered hunters equipped with shotguns on motorbikes within the Forest Reserve. No evidence could be shown that staff has been trained on how to produce forest security patrolling reports and to implement effective measures to detect encroachment and illegal hunting. GAP 011/2014 Minor (C4.4): Lack of evidence of implementation of the Fire Management Plan as occurrence of fire was documented in Aug 2014 for which the equipment was not adequate to suppress the fire. Observations for continual improvement: 1. Terracing close to seasonal streams and slope stabilization measures against erosion are insufficient as observed at base camp, nursery, and along sections of main roads. It was also observed that cover crops had not been planted prior to Rubber planting in C7. 2. The licensee has decided that there will be no logging in the NFM area during the Plan period by referring to FMP Executive Summary Page xi and Page 43. However, the approved PDP stated the NFM area will be managed under Integrated Mosaic Planting system; where 40% (365.9 ha) will be retained as natural forest patches, and 60% (548.9 ha) will be salvaged using the RIL system (cutting limit cm DBH) with intensive forest restoration using fast growing species [Refer to SFD letter #: JPHTN/PP 700-2/1/54/18 dated 31 July 2012]. a. It was given to understand that SFD has granted Lagenda Aktif approval to cancel diagnostic sampling in NFM areas for AWP 2014 (Ref. letter #: JPHTN/SO 800-1/4/10/56 dated 25 July 2014). The diagnostic sampling was previously planned in order to determine location and type of silviculture to be carried out in NFM area, with the assumption that NFM areas would be harvested using RIL techniques and the area is now designated for mosaic planting (Ref. letter #: JPHTN/PP 700-2/1/54/18 dated 31 July 2012 and JPHTN/PP 700-2/1/54/KLT.2/12 dated 12 Dec 2012) the sampling and RIL are no longer relevant and do not require a CHP for mosaic planting activities. b. Thus, the licensee needs to revise the FMP, PDP, sustainable yield and AAC calculations during the FMP mid-term review planned for year 2016 that take into account mosaic planting activities in NFM area. 3. Forest certification To date, no further preparatory activities have been implemented other than information and data gathering. FMU 11 Lagenda Aktif Page 5

6 Highlights of Assessment 4. No proper planning of logging operations has been carried out in the NFM compartments. This was observed in C9 and C15 (NFM). Even if no CHP and RIL is formally required there should be a proper planning process in place to: Identify and map areas to be managed under the natural forest management regime Pre-plan road and skid trail layout for salvage logging Marking of trees to be felled Ensure that no unnecessary damage is caused to residual stands Ensure that the roads and skid trails are properly spaced and constructed to serve as plantation roads for planting and stand tending activities 5. The licensee should identify and brief the staff about roads to be used for workers in case evacuation becomes necessary during forest fires. 6. It was observed that cover crops had not been planted prior to Rubber planting in C7 that resulted in significant localized erosion. Results: The following GAPS were raised against indicators & criteria during the October 2014 assessment and Close out visit Jan GAP Type Checklist Description Status 001/2013 Major /2013 Major 2.2 / /2013 Major /2013 Major 10.1 A forest security system is now in place but needs to be strengthened for ground implementation of monitoring activities. In Cpt. 7, 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. Road access maps and a Forest Fire Management Plan for the licensed area have now been drafted and up-to-date. a. All three respective camps located (Dynasan Jaya B, Pengkalan Bakat sawmill and Gorgeous Plantation) within stream buffer zones were dismantled or in the process of moving out (Ref. letter #: JPHTN/PP /68/KLT.11/32 Internal Audit by the Sabah Forestry Department FLEGT Audit Team at Lagenda Aktif Sdn. Bhd. dated 2 April 2014). b. General cleanliness at all camps visited is at a satisfactory level. 27 Jan 2015 FMU 11 Lagenda Aktif Page 6

7 GAP Type Checklist Description Status 005/2013 Major /2013 Minor /2014 Minor 1.4 c. First aid kits are observed in the base camp s office with adequate medicine in place. However, 2 temporary campsites (Pemborong Makin Jaya) and new campsite (Pengkalan Bakat Kilang B) are not equipped with first aid kits. Three staff attended Basic First Aid & CPR held on 11 Sept 2014 at Kinabalu Commercial College. 23 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. Expire date 16/12/2015. Oil traps have been erected at nursery genset house, camp site, base camp workshop and sawmill genest house. Schedule waste at base camp (Pantas Hijauan) has been temporary segregated and a temporary waste collection basin has been put in place. Three drums (temporary collecting drum) were placed near the workshop for waste disposal. According to the representative officer (Mr. Frederick Ikang), all illegal workers has 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 has stopped their operation since workers without valid document has been sacked by licensee. SOCSO was no more relevant. Lagenda Aktif does not have a formal SOP system for forest operations, communication and dispute resolution processes. a. Lagenda Aktif lacks a list of vehicles owned by the licensee and its subcontractors allow gatekeepers to identify personnel authorised to enter the licensed area. b. Patrolling activities being carried out were inconsistently recorded and maintained by personnel in charge. The records showed patrolling had only started in August This was supposed to have been implemented soon after the previous TLAS assessment findings. c. The assessment team encountered hunters equipped with shotguns on motorbikes within 27 Jan 2015 Outstanding October 2014 FMU 11 Lagenda Aktif Page 7

8 GAP Type Checklist Description Status 008/2014 Major /2014 Minor 4.4 the Forest Reserve during the site visit to NFM C15. d. There was no evidence regarding training of workers on how to produce forest security patrolling reports and implement effective measures to detect encroachment and illegal hunting. The licensee has terminated all its illegal workers vide Lagenda Aktif s letter dated 3 rd November A total of 50 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 16/12/2014. A total of 25 Pangkalan Bakat Sdn. Bhd. workers were C.I registered. Refer: JPHTN/SO 700-2/11/KLT.39/2 dated 12/01/2015. Field inspection at 2 campsites i.e. PMJ camp and Wong Brothers camp found out that both campsites have been abandoned and to be demolished. Lack of evidence of implementation of the Fire Management Plan as occurrence of fire was documented in Aug 2014 for which the equipment was not adequate to suppress the fire. 27 Jan 2015 October 2014 Highlights of Close out visit (if applicable) Date 27 Jan 2015 A close out assessment was conducted by SFD staff to evaluate actions taken against the outstanding major gaps (002/2013 ; 005/2013 ; 008/2014). GAP 002/2013 Actions taken: In Cpt. 7, 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. (GAP 002/2013 ) GAP 005/2013 Actions Taken: 23 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. Expire date 16/12/2015. Oil traps have been erected at nursery genset house, camp site, base camp workshop and sawmill genest house. Schedule waste at base camp (Pantas Hijauan) has been temporary segregated and a temporary waste collection basin has been put in place. Three drums (temporary collecting drum) were placed near the workshop for waste disposal. According to the representative officer (Mr. Frederick Ikang), all illegal workers has been terminated FMU 11 Lagenda Aktif Page 8

9 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 has stopped their operation since workers without valid document has been sacked by licensee. SOCSO was no more relevant. (GAP 005/2013 ) GAP 008/2014 Actions Taken: The licensee has terminated all its illegal workers vide Lagenda Aktif s letter dated 3 rd November A total of 50 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 16/12/2014. A total of 25 Pangkalan Bakat Sdn. Bhd. workers were C.I registered. Refer: JPHTN/SO 700-2/11/KLT.39/2 dated 12/01/2015. Field inspection at 2 campsites i.e. PMJ camp and Wong Brothers camp found out that both campsites have been abandoned and to be demolished. (GAP 008/2014 ) Recommendations Lagenda Aktif Sdn. Bhd. has addressed Major GAP 002/2013, GAP 005/2013 and GAP 008/2014, as of 27 January 2015 thus is now eligible for a Statement of Compliance Statement of Compliance based on compliance with the Sabah Legality Standard (G c - Sabah Legality Standard v04 Dec 2013) requirements for SFMLA 02/2012 within FMU #11. All minor gaps must be addressed by the next surveillance visit scheduled for October End of Summary Report FMU 11 Lagenda Aktif Page 9