Compliance Checklist / Report

Transcription

1 Licensee Contact Person Office Address Contractor Address Compliance / Report Sabah Legality Standard Principles 1-4 Sabah Land Development Board (SLDB) Tajuk Maju Sdn. Bhd. ( P) (Logging Contractor) Albert Thomas Sabah Land Development Board, Wisma SLDB, Jalan Kelapa Sawit, Off KM.4, Jalan Lama Tuaran, Kota Kinabalu, Sabah, Malaysia. Tajuk Maju Sdn. Bhd., 2-2, Lot E, Lintas Square, Jalan Lintas, Kota Kinabalu, Sabah, Malaysia. Reference # G Date of Report Date of close out Telephone Fax Telephone Fax 22 Nov Approved By Dr. Kevin T. Grace Statements GFS Audit Statement # NA Non compliance to Criteria 2.1 & 2.6 Issuance Date NA Expiration Date NA Assessment Dates Nov 2015 Assessment Details Scope of Assessment Species GFS Lead Assessor GFS Assessor(s) FDS Staff TLAS Principles 1-4: Form 1 License Timber Harvesting Mixed species from clear felling Johari Abd. Latif Mohd. Akram Mansur, Siti Radiah Mohamad, Salapan Amat, Masrin Gilam, Dayang Hanisah Maidin Roslan Junaidi (FLEGT Officer), Henry Ladsou (DFO Sook), Ramli Bin Majid (MCEE Keningau), Julius Janusip (MCEE Keningau), Johnny Laminggu (MCEE Keningau), Ombokou Sairang (PPD Sook), Majulin Samad (PPD Sook) Doc #: G Title: Sabah Legality Standard P1-4 Report Issue: 02 Date: 19 Feb 2015 Form 1 License : Tajuk Maju Sdn. Bhd. Page 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 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. Overview of Licensee Summary Information Sabah Land Development Board (SLDB) is spearheading rural land development to improve the living standard of the rural communities and income opportunities at the same time to improve unproductive and degraded land areas in Sabah. In line with this, SLDB has proposed to undertake oil palm plantation on 4,046.90ha of land at Sinua, Sook, Keningau. The project is believed to improve the socio-economics of the local communities. An agreement was signed between SLDB (the licensee) and Tajuk Maju Sdn. Bhd. (the logging contractor) which allows Tajuk Maju to conduct harvesting activities on behalf the licensee and fully responsible on the logs sales (Refer Addendum 1; Development Agreement at Sg. Sinaron in the district of Keningau signed 8 th May 2014). Sabah Land Development Board (SLDB) license holder (form 1 license : JP(NSO) 008/2014(F1)). Tajuk Maju Sdn. Bhd. - identification, planning, coordination, implementation and monitoring of timber harvesting project. District Forestry Office Sook (Pejabat Perhutanan Daerah Sook): Payment of timber royalties and other fees due to Sabah Forestry Department and Alienated Government. Land and Survey Department (Jabatan Tanah dan Ukur Sabah): area survey and delineation, mapping, issue of Community Land Title Land use classification: Land classification Total License Area 4, Production Area 3, Area (ha) Doc #: G Title: Sabah Legality Standard P1-4 Report Issue: 02 Date: 19 Feb 2015 Form 1 License : Tajuk Maju Sdn. Bhd. Page 2

3 Steep Area Riparian Reserve Environmental context Forest type and history of management The license area comprises a disturbed forest which includes patches of secondary forest vegetation which located within the Kg. Sinua, Ranau. The license area borders Trus Madi and Ulu Sungai Millian Forest Reserve in the north and south respectively. Both forest reserve are classified under Class II Commercial Forest Reserve. Principal commercial species The project area mainly consists of secondary forest, with common tree species including bamboos, dipterocarp, non dipterocarp and pioneer species. Based on the approved Environment Impact Assessment (EIA) report, no endangered species of flora observed during the site visit. However, few protected fauna are known to exist such as Accipiter trivirgatus, Accipiter virgatus, Charadrius peronii and Argusnus argus. Riparian belts for Sg. Sinaron, Sg. Labou and their tributaries (approximately 398ha of the license area) are marked for protection. Existing EIA report An Environment Impact Assessment had been conducted for the licensed area and approved by Environment Protection Department (EPD). Social context Based on the approved EIA report, no community settlement was identified within the license area. Kg. Sinua and Kg. Sinaron are located 2.1km and 7km respectively at the southwest of the license area. Scope of Assessment The scope of the evaluation is to verify compliance of Tajuk Maju Sdn. Bhd. with the conditions of the Form 1 License for an area of 4, ha located in the district of Sook. 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 Tajuk Maju Sdn. Bhd. and subcontractors 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. Doc #: G Title: Sabah Legality Standard P1-4 Report Issue: 02 Date: 19 Feb 2015 Form 1 License : Tajuk Maju Sdn. Bhd. Page 3

4 Itinerary of Assessment Date Activity 16 Nov 2015 Travelling to Keningau. 17 Nov 2015 Opening meeting at PPD Sook Office, field visit to Tajuk Maju S/B base camp, harvesting area & sub contractor s camp. 18 Nov 2015 Document review at PPD Sook. 19 Nov 2015 Document review at PPD Keningau. 20 Nov 2015 Closing meeting at PPD Keningau and travelling to Sandakan. Highlights of Assessment (Major Gaps = 3; Minor Gaps = 0; Observations = 3) SLDB (Tajuk Maju Sdn. Bhd.) has not complied with the Sabah Legality Standard (Principles 1-4 v01 13 Nov 2013) as three non-compliances were identified during the assessment on November Current status of operations: About 27% of the total production area was felled. There was evidence of encroachment by the villagers which already being reported to the Sook District Forestry Office, Sook District Office and police. This matter still under investigation and negotiation within the stakeholders. The assessment identified three non-compliances (major gaps) in respect to: - ( 2.1.3) Inadequate implementation of relevant mitigation measures were observed at the sub-contractor s base camp and workshop. - ( 2.6.1) 6 sampled foreign workers are not covered under insurance policy and did not possess valid certificate of identity as required. - ( 2.6.1) Inadequate fire extinguishers and first aid kits were observed at Dong Chong campsite & workshop. Observation(s): : A noticed to Wildlife Department upon the commencement of harvesting operation was yet to be submitted : No record of patrolling activities was carried out : Workers are briefed regarding the job descriptions and application of PPE during working by the supervisor but no records are documented. Doc #: G Title: Sabah Legality Standard P1-4 Report Issue: 02 Date: 19 Feb 2015 Form 1 License : Tajuk Maju Sdn. Bhd. Page 4

5 Results: GAPS raised against indicators & criteria during the Nov 2015 assessment. GAP Type Description 001/2015 Major Inadequate implementation of relevant mitigation measures were observed at the sub-contractor s base camp and workshop 002/2015 Major sampled foreign workers are not covered under insurance policy and did not possess valid certificate of identity as required. 003/2015 Major Inadequate fire extinguishers and first aid kits were observed at Dong Chong campsite & workshop. Status of GAPS previous outstanding gaps. GAP Type Status Description of close out Highlights of Close out visit (if applicable) Not applicable Dates Recommendations SLDB (Tajuk Maju Sdn. Bhd.) has not demonstrated compliance with the Sabah Legality Standard (Principles 1-4 v01 dated 13 Nov 2014) for Form 1 License JP(NSO)008/2014 (F1) and is not recommended to receive a GFS Audit Statement and STCC from FDS. Several recommendations are highlighted: Waste should be segregated into biodegradable and non-biodegradable before dispose into the landfill. Trash burning is prohibited as stipulated in the approved EIA report. Scrap metal should be kept separate are for recycling. Oil filters, tires, used chemical/oil containers, and used oils must be kept in locked store room and labelled as schedule waste (refer USECHH regulations). Schedule waste should not being burnt and must be transported out for disposal. Water pump which located nearby the water source should have a proper system to control oil spillage such as providing secondary containment, concrete flooring or using absorbance to collect the oil spillage if occurred. Based on the license conditions (Refer Clause 8 & Clause 26), the licensee shall furnish names of his workers for the issuance of a certificate of identity and required to take up insurance policies in respect of workmen compensation insurance. In case of emergency, every campsite and workshop should be equipped with sufficient fire extinguishers and first aid kits. Workers should be trained for competency in handling emergency cases. Doc #: G Title: Sabah Legality Standard P1-4 Report Issue: 02 Date: 19 Feb 2015 Form 1 License : Tajuk Maju Sdn. Bhd. Page 5

6 emergency cases. A notification letter should be submitted to the Wildlife Department for further monitoring action. Besides recording the movement of vehicles, the licensee should conduct patrolling activities to control encroachment and maintain every record in the site office. The licensee should maintain records of training provided for the workers. End of Summary Report Doc #: G Title: Sabah Legality Standard P1-4 Report Issue: 02 Date: 19 Feb 2015 Form 1 License : Tajuk Maju Sdn. Bhd. Page 6