Sabah TLAS Audit Report

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1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee Contact Person Office Address Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah (Licenced holder) Bagus Nilai Enterprise (Logging contractor) Aisi Bintang (Manager) Bagus Nilai Enterprise Lot 146, Taman Kota P/S 648, Keningau, Sabah. Reference # G Date of Report Date of close out 10/09/ Telephone Fax NA NA Approved By Dr. Kevin Grace Statements Audit Statement NC Non Compliance Issuance Date NA Expiration Date NA Assessment Details Assessment Dates September 2017 Scope of Assessment TLAS Principles 1 4: Form IIB license (JPHTN/FRM 700-2/4/1/355/34 dated on 18 th August 2017) Species Mixed species from clear felling: Drybalanops spp. (Kapur), Dipterocarpus spp. (Keruing), Shorea inappendiculata (Selangan batu), Parashorea spp. (White seraya), Shorea spp. (Red seraya, Yellow seraya, Melapi), Heritiera simplicifolia (Kembang), Sapotaceae spp. (Nyatoh), Neolamarckia cadamba (Laran), Alstonia spp. (Pulai), Annonaceae spp. (Karai), Eugenia spp. (Obah), Sindora beccariana (Sepetir), Lithocarpus & Quercus (Mempening), Myristicaceae (Darah-darah), Dillenia spp. (Simpor), Pentace spp. (Takalis), Parartocarpus or Artocarpus (Terap), Tristaniopsis merguensis (Pelawanpelawan), Dyera spp. (Jelutong), Dialium indum (Keranji), Gluta/ Semecarpus/ Melanochyla & Swintonia (Rengas), Annonaceae (Pisang-pisang),Campnosperma auriculatum (Terentang), Durio spp. (Durian),Macaranga spp (Sedaman), Petai and Assam Lead Assessor Charlene Billy Assessor(s) Mohd. Akram Mansur, Priera Bagang FDS Staff Hj. Muhd. Razali Bin Hj. Muhd. (SFM Officer Keningau), RH Donny Jailis (KPPM Dalit), PH Davey Jewin (PPM Dalit), RH Moses Stephen (KPPM Senagang), PH Japlin Sungit (PPM Senagang) 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. 1

2 Overview of Licensee: Summary Information Sabah has initiated a program for rural development that focuses on the establishment of agriculture crops as well as on communities economic values on communal titled land, which is managed by an entity. The resulting dividend payments from the agricultural crops and other community benefits significantly contribute to enhance the livelihood of the rural population who also participate in the agricultural projects, such as rubber and oil palm plantation development. As an initial step of site preparation, the identified agricultural development areas require the harvesting and removal of remaining residual timber stocks. Power of Attorney was granted to Bagus Nilai Enterprise, who acts as the developer and coordinator of all operations related to the license. The parties involved in the management and administration of the licence area under the auspices of the licensee include the following: - Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah FIIB permit holder - Bagus Nilai Enterprise. developer of oil palm plantation activities and other physical development - Keningau District Forestry Office (Pejabat Perhutanan Daerah Keningau: 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 Titles. Project Description: The project area is located at Kg. Lumiri Tengah in the District of Keningau, Sabah. Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah consists of the Native Reserve area with a Land Title PT ( acre). FIIB permit was approved by the Chief Conservator of Forests with a total area of acre and valid until 17 October 2017 (Ref.#: JPHTN/FRM 700-2/4/1/355/34 dated 18 th August 2017). The removal of logs was based on volume within parcels with a total area of 100 acre (40 ha). Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah appointed Bagus Nilai Enterprise to be responsible for land clearing, oil palm plantation and other physical development in Tanah Rizab Perumahan Anak Negeri Kg Lumiri Tengah. The FIIB permit approval includes the removal of a total 500 mixed species logs with 1, m 3 of volume. To date, only 409 logs with m 3 has been transported out to the local mills. Environmental Context: Forest type and history of management The licensed area is located at Kg. Lumiri Tengah and adjacent to Pensiangan Forest Reserve. Principal commercial species - The project area mainly consists of secondary forest, with common tree species including Drybalanops spp. (Kapur), Parashorea spp. (White seraya), Shorea spp. (Red seraya, Yellow seraya), Shorea inappendiculata (Selangan batu), other Non- Dipterocarp and pioneer species. Other vegetation within the license area includes bamboo, shrubs, palm species, herbs and other secondary vegetation. Existing EIA report - No EIA study was conducted in the titled land. 2

3 Social Context: There are no settlements located within or adjacent to the licensed area. Scope of Assessment The scope of the evaluation is to verify compliance of Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah with a Form IIB permit located in the district of Keningau. 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 Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah and Bagus Nilai Enterprise 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. Itinerary of Assessment Date 4 Sep 2017 Monday 5 Sep 2017 Tuesday 6 Sep 2017 Wednesday 7 Sep 2017 Thursday 8 Sep 2017 Friday Public Holiday Opening meeting at PPD Keningau Activity Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah Field visit only to one FIIB area - Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah. However, the site was unable to be reached due to collapsed bridge main entrance to the area. Juvita Binti Lomiji As agreed by SFM Officer, KPPM Senagang, MCEE Keningau and GFS during opening meeting, no field visit conducted as there are no more logs in the titled area and the last removal of logs was on 12 th July 2017 as verified by KPPM Senagang. The area currently, undergone rubber plantation development operation such as terracing and planting. Document review - Juvita Binti Lomiji - Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah Closing meeting at PPD Keningau (Major Gap = 1; Minor Gap = 0; Observations = 2) Highlights of Assessment Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah has NOT complied with the Sabah Legality Standard (FDS-TLAS-002) as one non-compliance was identified during the assessment on September

4 Highlights of Assessment The assessment was carried out based on documentation, as the area was inaccessible due to a bridge that collapsed at Kg Bono and unfortunately there was no alternative way to reach the licensed area. The licensed area is located approximately 20km from the broken bridge. The Keningau SFM Officer, MCEE Keningau, PPM Dalit and GFS team agreed that the field visit could not be conducted. Location of the collapsed bridge is at N ; E Principle 1. Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah owned a Land Tittle No. PT and has obtained Form IIB permits for removal of timbers from the titled area (121.6 ha / acre) with the last for 500 logs (1, m 3 ) (Ref. # JPHTN/FRM 700-2/4/1/355/34 dated 18 th August 2017). Gap 001/2017 (Major) Checklist & 1.3.4: Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah has a titled land area of ha and has not conducted a PMM study in regards to conversion of land to non-forest land use. Principle 2. Compliance to Property Hammer Mark registration, Land Title, Power of Attorney. Logs were inspected, royalty paid and transported with valid documents such as Scaling Order, TDP, Removal Pass and Royalty Payment. Records of logs production are maintained. Observation Checklist 2.1.4: Bagus Nilai Enterprise (logging contractor) has not submitted any notification letter to the Director of Wildlife Department before commencing their harvesting operation. Observation 002 Checklist 2.6.2, 2.6.7: According to the contractor, safety briefing was conducted prior to the harvesting operation. However, no record of safety and health training was documented and provided during the assessment. Principle 3. Records of Form IIB permit payment, royalty payment and removal pass fees and other associated fees were available and maintained and made available during the assessment. Principle 4. There are no human settlements identified within or associated to the license area. Not Applicable 4

5 Results: (Compliance = 8; Non-Compliance = 1) Gaps raised during the September 2017 assessment. GAP Type Checklist Description 001/2017 Major Status of previous outstanding Gaps. Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah has a titled land area of ha and has not conducted a PMM study in regards to conversion of land to non-forest land use. GAP Type Checklist Status Description of Close Out Observations raised during the assessment: Obs Checklist Description Bagus Nilai Enterprise (logging contractor) has not submitted any notification letter to the Director of Wildlife Department before commencing their harvesting operation According to the contractor, safety briefing was conducted prior to the harvesting operation. However, no record of safety and health training was documented and provided during the assessment Highlights of Close Out Visit (if applicable) Dates Major Gap 001/2017 should be addressed within two months by November Recommendations Pemegang Amanah Tanah Rizab Kediaman Anak Negeri Kg. Lumiri Tengah (Bagus Nilai Enterprise) has NOT demonstrated compliance with the Sabah Legality Standard (FDS-TLAS-002) as Major Gap 001/2017 was identified in Criterion 1.3 and is NOT recommended to receive a GFS Audit Statement and STCC from FDS. The Major Gap should be addressed within two months by November Gaps/observations identified in this assessment should be addressed before the next surveillance visit. Actions required to close the major gaps/observations include: Gap 001/2017 (Major) Checklist 1.3.2, 1.3.4: The FIIB Permit holder needs to conduct the PMM study for the ha titled land and submit to EPD. Observation 001 Checklist 2.1.4: To notify wildlife department prior commencement of logging operation. Observation 002 Checklist 2.6.2, 2.6.7: To maintain the record of safety and health training. The next surveillance audit will be scheduled in September End of Summary Report 5

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