Compliance Checklist / Report
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1 Compliance Checklist / Report Sabah Legality Standard Principles 1-4 Licensee TSH Resources Berhad Reference # G Contact Person Office Address Site Address John Seng (Plantation Coordinator) Johnny Vun (Forest Manager) (Sandakan) Block 2, Lot 2, 1 st Floor, Taman Megah Phase 1, Mile 7, Labuk Road, Sandakan, Sabah, Malaysia. (Tawau) Bangunan TSH, TB 9, KM 7, Apas Road, Tawau, Sabah, Malaysia. NA sdkforestry@tsh.com.my tshtawau@tsh.com.my Date of Report Date of close out Telephone Fax Approved By 03 April Dr. Kevin T. Grace Statements GFS Audit Statement # GFS 064 LVS Issuance Date 1 April 2016 Expiration Date 31 March 2017 Assessment Dates 28 March - 01 April 2016 Assessment Details Scope of Assessment Species GFS Lead Assessor GFS Assessor(s) FDS Staff TSH Resources Berhad FMU4 Ulu Tungud FR Rubber (Hevea brasiliensis) & Acacia (ITP) Seraya (Shorea spp.), Kapur (Drybalanops spp.), Keruing (Dipterocarp spp.), Kembang Semangkuk (Scaphium spp.). (Enrichment Planting) Dr. Bernd Hahn-Schilling Mohd Akram Mansur & Walter Marcus Muhd. Razali B. Mohamad (FLEGT Officer), Badih Unai (ADFO Beluran), Zulkifli Samangat (PPD Beluran), Ahmad Kabulai (PPM Ulu Tungud) 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 to any indicator does not constitute non-compliance to a criterion. A Major Gap to any applicable indicator does FMU #4 TSH Resource Berhad Page 1
2 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 TSH Resources Berhad (TSH) is the signatory to the Sustainable Forest Management License Agreement (SFMLA) No. 07/97. The company is undertaking both Natural Forest Management (NFM) and Industrial Tree Plantation (ITP) Development, mainly using Hevea brasiliensis (Rubber), Acacia mangium, and Falcataria moluccana. Land tenure is based on the SFMLA 07/1997, which started on 10 th September 1997 and expires on 9 th September 2097 for all activities within the concession. The SFMLA area for FMU 4 is located within the Ulu Tungud Forest Reserve (123,385 ha), which is a Commercial Class II Forest Reserve. TSH is managing the SFMLA area based on the 2 nd Forest Management Plan ( ). Land classification FMP Area (ha) Current (ha) Total Concession Area 123, ,385 Production Area - Natural Forest Management Area 50,891 85,451 - Plantation Forest (ITP) 42,491 9,224 Planted (4,176 rubber) (2,942 Acacia, 1,822 Albizia, 113 Binuang, 6 Laran, 139 Teak) Protected Forest & Conservation Areas 30,003 30,003 Social Community & Agriculture 0 0 Infrastructure, Roads Buildings, etc FMU #4 TSH Resource Berhad Page 2
3 Environmental context GLOBAL FORESTRY SERVICES The topography of the area is characterized by high hills and mountains interspersed with valleys along the rivers which pass through the area. Mixed Dipterocarp Forests occupy about two-third of the Forest Reserve, whereas the balance area is covered by forests developed on Ultrabasic Rocks, and Lower Montane Forest. The area is drained by two major rivers, which are Sungai Labuk and Sungai Sugut. TSH have conducted a wildlife survey during the creation of the book titled Biodiversity and Conservation of The Meliau Range: A Rain Forest in Sabah s Ultramafic Belt which was published in The book describes the major identified species occurring in the area, such as Orang Utan, the Bornean gibbon, maroon langur, sun bear, otter, pangolin, wild boar, long tail macaque, pig tail macaque and mouse deer. The existing Special Environmental Impact Assessment (SEIA) reported common mammal species such as bearded pig, common palm civets and gibbons. A diverse birdlife is also present with as many as 170 bird species present in the area. There are also a number of amphibian species located in the FMU, including various species of frogs, snakes and river toads. Social context According to the 2 nd FMP there are 5 villages located adjacent to the FMU: Kg. Ensuan and Kg. Baba are located near the south-eastern boundary, whereas Kg. Paginatan, Kg. Matupang and Kg. Nalapak are located near the western boundary, comprising an estimated total population of 2,013 inhabitants in 296 families. Since the allocation of the FMU to TSH, the company has implemented an independent social impact assessment during preparation of the 1st FMP (December 1999) and a second social assessment, which formed part of the Special Environment Impact Assessment Study for the FMU conducted in June PACOS Trust (a Sabah based NGO focusing on community support and enhancement) has identified three cultural sites, which are located in Compartments 93 and 94. These sites were estimated to be not more than 30 ha in size and would not impact the forest activities as these compartments had already been allocated for Conservation under the Natural Forest Management (NFM) scheme. A buffer zone will be demarcated on the ground and the sites will be subsequently excluded from preparation of Comprehensive Harvest Plans (CHP) and harvesting. Scope of Assessment The scope of the evaluation is to verify compliance of TSH to the terms within the Sabah Forest Management License Agreement (SFMLA 07/97) for FMU 4. The assessment is in accordance on the terms of the agreement for the Sabah Legality Standard Principles 1-4 dated 13 Nov Site evaluation to verify and report the level of compliance by TSH 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. FMU #4 TSH Resource Berhad Page 3
4 Date Itinerary of Assessment Activity 28 Transit to TSH base camp, Opening Meeting, Document Review. 29 Site visit to workshop, store area (abandoned sawmill), C.142 Labour quarters, C.154 new planting site, C.129 Labour quarters, C.143 Enrichment Planting site, C.151 Labour quarters, genset, riparian reserve at C.140 & C.141, C.319 License boundary between TSH/IJM, C.313 Acacia planting site and main gate 30 Site visit to license boundary rebrushing TSH/Kg. Nabutan, Ranau. 31 Document review and Closing meeting at PPD Telupid 01 April 2016 Traveling back to Sandakan and Kota Kinabalu Highlights of Assessment (Major Gaps = 0; s = 3; Observations = 4) TSH Resources Berhad (TSH) has complied with the Sabah Legality Standard (Principles 1-4 v01 13 Nov 2013) as no non-compliance was identified during the assessment conducted in. Currently, TSH only focusing on silviculture treatment for three compartment, maintenance on enrichment planting site and rubber planting for 50 ha at C.143. The assessment identified three minor gaps with respect to:- Checklist point 2.1.3: Lack of implementation of environmental mitigation measures was observed at labour quarters (C.142, C.129 & C.151), workshop, diesel tank and store room. Checklist point 1.4.3: Revision of the Forest Management Plan was due by March 2015 but has not commenced yet. Checklist point : Lack of adequate firefighting equipment observed at TSH site office. Only water tank and 1 water pump available in case of fire incident. Results: (Major Gaps = 0; s = 3) GAPs raised against indicators & criteria during the assessment: GAP Type Checklist Description 014/2016 Minor Revision of the Forest Management Plan was due by March 2015 but has not commenced yet. 015/2016 Minor Lack of adequate fire fighting equipment observed at TSH site office. Only water tank and 1 water pump available in case of fire incident. Status of GAPs on March 2015: GAP Type Checklist Status Description of close out 07/2012 Minor Closed April 2015 The company has applied for COI registration of all its forest workers but COI have not been received yet (refer company letter to SFD 20 April 2015). All 10 workers sampled possess valid COI and FMU #4 TSH Resource Berhad Page 4
5 GAP Type Checklist Status Description of close out insured under SOCSO. 011/2015 Minor Outstanding April 2015 Observed inconsistencies in measures taken to prevent and collect oil and diesel spillages at the workshop area; no proper segregation of Scheduled Wastes (SW) from general waste. Issues raised on oil spillages and provision of absorbents had been satisfactorily addressed but implementation of environmental mitigation measures at labour quarters (C.142, C.129 & C.151: waste segregation, collection, disposal), workshop, diesel tank and store room still need to be rectified. 012/2015 Minor Closed April 2015 No Safety and Health training has been carried out since year During year 2015 TSH had conducted two (2) trainings with regard to workers safety and health. 013/2015 Major Closed April 2015 No successful action taken by TSH to produce the next 10-year plan for plantation development. TSH has produced a draft of the next 10-year Plantation Development Plan, which had been submitted for approval by Sabah Forestry Department Headquarters on 14 August However, the PDP is still pending for approval subject to a number of additional specifications and details requested by SFD. Observations: OBS # Checklist # Description Marking of riparian buffer zones has been carried out but placement of signboards is inconsistent Performance of species planting trials (enrichment planting site) have not been assessed Direct discharge of roadside drainage into streams was observed. ECR for Aug Nov 2015 period still in process of preparation by TSH consultant Safety measures for bridge at C.140 are inadequate. Highlights of Close out visit (if applicable) Dates FMU #4 TSH Resource Berhad Page 5
6 Not applicable Recommendations TSH Resources Berhad (TSH) is currently eligible for an Audit Statement as no non-conformance was reported in respect to the Sabah Forest Legality Standard Principles 1-4. All minor gaps must be addressed by the next surveillance visit scheduled for March Actions required to address these gaps identified include: Gap / Observation 011/ / / / /2016 Observation 001 Activity Storage of Hazardous Goods Recommended action - provide warning signage for safe storage for fuel, oil and lubricants, scheduled waste, and chemicals - Collect all SW in separate locked store with concrete surface and bund. Fuel depot - provide roof for permanent diesel tank to avoid discharge of rain water into secondary containment Waste management Review of FMP Fire equipment Riparian zone - segregate all Scheduled Wastes from general and recyclable waste; dispose SW with authorized collectors - hold briefings to staff and workers on collection, segregation, storage and disposal of recyclable waste - Seek permission from SFD to prepare separate plans for NFM and ITP, as required by forest certification body - Conduct mid-term review of FMP-NFM - Rewrite/update FMP-NFM - Install Fire Risk Indicators at strategic points - Ensure minimum set of fire equipment for suppression of forest fires is available and functional (mobile water tanks, pumps, hoses, Knapsack sprayers, fire patches, etc.) - Place signboards at prescribed distance to both sides of the watercourse Observation 002 Species trials - analyze growth performance of trials established using native and exotic tree species Observation 003 Road - Wherever possible, arrange roadside drains to divert drainage runoff into vegetated areas, away from stream or river Observation 004 Bridge safety - Install solid logs on both sides of bridges to secure vehicles from sliding off bridge Other recommendations (beyond Gaps/Observations issued): Harvesting of Acacia and Batai stands with clear signs of progressive dieback should be given high priority. Timber removal should not be delayed any further to avoid increased losses in commercial timber volume. Harvesting activity should be included in the revised AWP Year End of Summary Report FMU #4 TSH Resource Berhad Page 6
7 ****************THIS PAGE IS INTENTIONALLY LEFT EMPTY********************* FMU #4 TSH Resource Berhad Page 7
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