Sabah TLAS Audit Report

Transcription

1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee Contact Person Office Address Rakyat Berjaya Sdn. Bhd. (Licensee) Hasrat Gagah Sdn. Bhd. (Contractor) Banting Yukang (RBJ OIC) Lim Koon Loon (Hasrat Gagah) Keningau Office: Pusat Kraftangan Sabah, KM5 Jln Apin- Apin, Peti Surat 961, Keningau, Sabah. Hasrat Gagah Sdn. Bhd.: Lot 6-2, 2 nd floor, Block E, Lintas Square, Jalan Lintas, Kota Kinabalu, Sabah. Reference # G Date of Report Date of close out Telephone Fax 18/06/ (RBJ) (HGSB) (RBJ) (HGSB) emonday6700@gmail.com (Licensee) Approved By Dr. Kevin T. Grace Statements Audit Statement GFS 101 LVS Issuance Date 01 July 2017 Expiration Date 30 June 2018 Assessment Dates June 2017 Assessment Details Scope of Assessment TLAS Principles 1-4: RIL Harvesting, SFMLA 09/1997, KGU. 23/15 (YK 1/15) Species Lead Assessor Assessor(s) FDS Staff Drybalanops spp. (Kapur), Dipterocarp spp. (Keruing), Shorea inappendiculata (Selangan batu), Koompassia malaccensis (Impas), Parashorea spp. (White seraya), Shorea spp. (Red seraya, Yellow seraya, Melapi), Heritiera simplicifolia (Kembang), Scaphium spp. (Kembang semangkuk), Sapotaceae spp. (Nyatoh), Neolamarckia cadamba (Laran), Duabanga moluccana (Magas), Octomeles sumatrana (Binuang), Annonaceae spp. (Karai), Lauraceace (Medang), Planchonia valida (Putat), Lithocarpus & Quercus (Mempening), Cotylelobium spp. (Resak batu), Pentace spp. (Takalis), Hopea sangal (Gagil), Macaranga spp. (Sedaman), Dyera spp. (Jelutong), Dialium indum (Keranji), Anisoptera spp. (Pengiran), Ficus spp. (Kayu Ara). Walter Marcus Mohd Akram Mansur, Siti Radiah Mohamad, Priera Bagang Roslan Junaidi (KU FLEGT Officer), Muhd Razali Muhamad (SFM Officer), Henry Ladsou (Sook DFO), Ombokou Sauyang (ADFO Sook), Leroy Gaidim (KPPM Labau), Julius Janusip, Juhaili Mulkiaman, Saliaji Paladi (MCEE Keningau) 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 Rakyat Berjaya Sdn. Bhd. is the investment arm of Yayasan Sabah that undertakes the harvesting activities on behalf of the foundation as a registered company in Malaysia. Tenure of the licensee based on the SFMLA 09/1997, commences on 10 Sept 1997 and will be expired on 10 September It is a hundred-year agreement covering all forest operation and activities within its concession. Rakyat Berjaya Sdn. Bhd. is responsible for the preparation of the Forest Management Plan (FMP). Under separate contractual agreement, Hasrat Gagah Sdn. Bhd. was appointed to conduct RIL harvesting operation in Block YK1/15. Block YK1/15 covers an area of 5,000ha; which is part of the Natural Forest Management area under the FMU 15 with the approved Coupe Permit No. KGU.23/15 (Validity: 06 th November 2015 to 05 th November 2018). Land use classification: FMU 15 Forest Zoning Land classification FMP Area (ha) Total Concession Area 57,990 Production Area a. Natural Forest Management Area Block YS1/06 Area (Sarjana Hartamas) Block YK1/15 Area (Hasrat Gagah) Heli-Logging Area 37,107.20* 2, , , b. Plantation Forest (ITP) - Protected Forest & Conservation Areas 20, Social Community & Agriculture 0 Infrastructure, Roads Buildings, etc. - *Balance of the NFM area is inactive and monitor by RBJ Coupe YK1/15 Zoning Land classification Current (ha) Total Coupe Area 5, Production Area 4, Riparian Reserve Area Steep Area

3 Environmental Context: FDS-TLAS-006 The project area is located within Sg. Pinangah Forest Reserve; which is assigned as Forest Management Unit 15 under Yayasan Sabah Concession Area. The project area has classified as Class II Commercial Forest Reserve. Previously, Eden Region Sdn. Bhd. was appointed as the responsible logging contractor. The logging operation contractual agreement was then terminated by RBJ and all logging activities was immediately ceased. Concession area was re-surveyed and RBJ appointed Hasrat Gagah Sdn Bhd to conduct RIL harvesting within Block YK1/15 (5,000ha) The project area is covered with terrestrial habitat of Mixed Dipterocarp Forest as well as undergrowth vegetation. Existing natural forest condition of the project area is logged-over forest and fragmented due to logging operation in the past. Other surrounding area also disturbed due to development of land for oil palm plantation along the Sg. Millian and Sg. Melikop area. The common flora fauna found is commercial, pioneer, climber and terrestrial secondary vegetation. A few previous faunal species studies have been conducted in Sg. Pinangah Forest Reserve. Some protected species have been sighted, known to exist or reported by local communities and authorities within the FMU 15. It includes Hylobates Mueller (Gibbons), Helacarctos malayanus (Malayan Sun Bear) and others. Pro-Forest reported in year 2006 that there was a concentration of Orang Hutan nests inside Block YK1/06 and YS2/00; which is adjacent to the Block YK1/15. The Licensee will provide 100m-width riparian reserve in the Sg. Millian and Sg. Melikop and 30m width for all rivers and streams. These designated areas will be excluded from the logging operation. There is no sensitive or protection area within the project area. The nearest Forest Protection Class 1 is Maliau Basin Conservation Area, located approximately 20km to south of the project area. Social Context: Based on the approved EIA report, there is no human settlement within the project area. However, in three (3) km radius from the project area there are three (3) settlements namely Kg Pingas, Kg Limpada and Kg. Kingisang which are located to the north part. The village are located on the other side of Sg. Millian. Scope of Assessment The scope of the evaluation is to verify compliance of Rakyat Berjaya Sdn. Bhd. (Hasrat Gagah Sdn. Bhd.) with the Sabah Forest Management License Agreement (SFMLA 09/97) for FMU 15. 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 Rakyat Berjaya Sdn. Bhd. and Hasrat Gagah Sdn. Bhd. 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. 3

4 Itinerary of Assessment Date 12 June 2017 Mon 13 June 2017 Tue 14 June 2017 Wed 15 June 2017 Thu 16 June 2017 Fri Travelling Keningau Activity Opening meeting at PPD Sook, Field visit to Hasrat Gagah (Coupe boundary, stumping, campsite, riparian reserve, steep slope) Field visit to Hasrat Gagah (RIL Compartment, C55 & C54) Document review at RBJ Keningau, report writing Closing meeting at RBJ Keningau Office, travelling to Sandakan Highlights of Assessment (Major Gaps = 0; Minor Gaps = 2; Observations = 1) Rakyat Berjaya Sdn. Bhd. (Hasrat Gagah Sdn. Bhd.) has complied with the Sabah Legality Standard (FDS-TLAS-002) as no non-compliance was identified during the assessment done from 12 to 16 June Summary of status of operations by Principle: Principle 1. The company demonstrated compliance to license requirements and submission of documents or reports such as the Environmental Impact Assessment report to the relevant authorities. However, harvest planning for RIL included tagging of trees over the cutting diameter limit. Gap 001/2017 (Minor) - CHP for compartments 40 & 41 have identified trees for felling that are not within the permitted cutting limit. Reference G (C40) - 5 out of 1,048 trees exceeded the allowable cutting limit Reference G (C41) - 16 out of 1,947 trees which exceeded the allowable cutting limit Coupe boundaries were marked as well as areas for protection were identified with red paint and signs. Principle 2. Gap 002/2017 (Minor) - The licensee did not adequately address issues regarding scheduled wastes and general waste collection and disposal: Insufficient prevention and containment measures of oil spillage at generator house. There were signs of garbage being burnt in the open. Lack of labelling observed at schedule waste storage. Areas identified for protection were not disturbed. Hasrat Gagah maintained records of trees felled and logs produced. No protected trees were observed felled. The company provided system to protect the forest from illegal activities. Observation 001: The identification of Sabah TLAS Compliant on the transportation permits/documents has yet to be implemented by FDS (Checklist 2.3.7). Principle 3. The licensee had paid the applicable licensing fees and other charges to the District Forestry Office Sook such as FD machineries registration, occupational permit, Property hammer mark, logs royalties and removal pass fees. Principle 4. There are no human settlements within the project site (Block YK 1/15; Coupe KGU 23/15). However, RBJ (licensee) maintained records of meeting and consultation between communities for the whole FMU 15. 4

5 Results: (Compliance = 15; Non-Compliance = 0) Gaps raised against indicators & criteria during the June, 2017 assessment. GAP Type Checklist Description 001/2017 Minor CHP for compartments 40 & 41 have identified trees for felling that are not within the permitted cutting limit. Reference G (C40) - 5 out of 1,048 trees exceeded the allowable cutting limit Reference G (C41) - 16 out of 1,947 trees which exceeded the allowable cutting limit 002/2017 Minor The licensee did not adequately address issues regarding scheduled wastes and general waste collection and disposal: Insufficient prevention and containment measures of oil spillage at generator house. There were signs of garbage being burnt in the open. Lack of labelling observed at schedule waste storage. Status of previous outstanding Gaps. GAP Type Checklist Status Description of Close Out OBS Checklist Description It was observed that the identification of Sabah TLAS Compliant on the transportation permits/documents has yet to be implemented in this assessment as this new requirement has just officially begun in September According to FD 36/2016, the stamping of Sabah TLAS Compliant on all related FDS documents commences on 1 st January Currently, FDS is in the transition period of preparing stamp. The assessing team shall verify this in the next surveillance audit Highlights of Close Out Visit (if applicable) Dates - Not Applicable Recommendations Rakyat Berjaya Sdn. Bhd. (Hasrat Gagah Sdn. Bhd.) has demonstrated compliance with the Sabah Legality Standard (FDS-TLAS-002) for it s designated area and is recommended to receive a GFS Audit Statement and STCC from Sabah Forestry Department. Recommendations upon the gaps/observations raised are shown below. Gap 001/2017 (Minor) - Checklist 1.5.2: Ensure ALL trees marked for harvesting are within the permitted diameter limits. Ensure that NO trees under or over the limit are felled. Gap 002/2017 (Minor) - Checklist 2.1.3: Address issues raised in the ECR. Provide containment for fuel and lubrication related to generator house. Ensure scheduled waste, are stored with containment and proper labelling. Enforce No Burning policy within the license area. Observation Checklist 2.3.7: Ensure that all transportation permits/documents is stamped with Sabah TLAS Compliant once the requirement is fully enforced and stamps are available. The next surveillance audit will be scheduled in June End of Summary Report 5