Sabah TLAS Audit Report

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1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee Contact Person Office Address Japar Bin Dagang & 19 Peserta (Licensee) Successful Co. (Contractor) Phang Chin Fan Successful Co.: MDLD 4129, Taman Tabanac, Jalan Segama, Mile 1, Lahad Datu, Sabah Reference # Date of Report Date of close out G a 20 August October 2017 Telephone Fax - - Approved By Dr. Kevin T. Grace Statements Audit Statement GFS 110 LVS Issuance Date 03 October 2017 Expiration Date 31 August 2018 Assessment Dates August 2017 Assessment Details Scope of Assessment TLAS Principles 1 4: Form IIB license (JPHTN/FRM 700-2/4/1/232(a)/Jld.4/82) Species Lead Assessor Assessor(s) FDS Staff Mixed species from clear felling: Drybalanops spp. (Kapur), Dipterocarpus spp. (Keruing), Shorea inappendiculata (Selangan batu), Koompassia malaccensis (Impas), 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), Calophyllum obliquinervium (Bintangor), Pterocymbium javanicum (Teleto), Parartocarpus or Artocarpus (Terap), Tristaniopsis merguensis (Pelawan-pelawan), Dyera spp. (Jelutong), Dialium indum (Keranji), Gluta/ Semecarpus/ Melanochyla & Swintonia (Rengas), Annonaceae (Pisang-pisang),Campnosperma auriculatum (Terentang), Durio spp. (Durian), Petai and Assam Wong Bin Heang Mohd Akram Mansur, Charlene Billy and Priera Bagang. Daim Balingi (FLEGT Officer), Petin Kilou (DFO Beluran), Badih Unai (ADFO Beluran), Mohd Salleh Enting (KPPM Ulu Tungud), Jinis Ambong, Ahmad Kabulai (Mukim Ulu Tungud) 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 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. Japar Bin Dagang & 19 Peserta was granted a Form IIB license (JPHTN/FRM 700-2/4/1/232(a)/Jld.4/82) to remove logs extracted from the community land titled area that total ha with 72 ha being registered for the Form IIB permit. Japar Bin Dagang & 19 Peserta granted a Power of Attorney to Masih Jadi Sdn. Bhd. as the developer of oil palm activities. Substitution of Power of Attorney was given to Successful Co. by Masih Jadi Sdn. Bhd. to extract and remove timber from the Form IIB area. The parties involved in the management and administration of the licenced area under the auspices of the licensee include the following: Japar Bin Dagang & 19 Peserta licensed holder Masih Jadi Sdn. Bhd. developer of oil palm plantation Successful Co. appointed by Masih Jadi Sdn Bhd as a contractor to do extraction and removal of timber from the licensed area District Forestry Office Beluran (Pejabat Perhutanan Daerah Beluran: 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 Environmental Context: Forest type and history of management The licensed area is located adjacent to Timimbang Forest Reserve, which is dominated by Mixed Dipterocarp Forest. 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, and other secondary vegetation. Existing EIA report - No EIA report is required as the total harvesting area of licence is below 100ha. 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 Japar Bin Dagang & 19 Peserta with a Form IIB permit located in the district of Beluran. 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 Japar Bin Dagang & 19 Peserta 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. Itinerary of Assessment Date 14 Aug 2017 Monday 15 Aug 2017 Tuesday 16 Aug 2017 Wednesday 17 Aug 2017 Thursday 18 Aug 2017 Friday Activity Travel to Beluran and Opening Meeting at PPD Beluran Field visit to Form 1 License Kg. Ogan: Manned gate, licensed boundary, riparian reserve, workshop, stumping area. Field visit to FIIB Japar Bin Dagang & 19 Peserta Manned gate, licensed boundary, stumping area, stream buffer, harvested trees area (sampling inventory plot) Document review at PPD Beluran for: i. Form 1 License Kg. Ogan. ii. FIIB Japar Bin Dagang & 19 Peserta. iii. FIIB Sh. Jiram Bin Sh. Kassim & 26 Peserta iv. FIIB Badariah Bte Daison & 49 Peserta Closing Meeting at PPD Beluran and travel to Sandakan (Major Gap = 1; Minor Gap = 0; Observation = 2) Highlights of Assessment 02 October 2017 (Major Gap = 0; Minor Gap = 0; Observation = 2) Japar Bin Dagang & 19 Peserta has complied with the Sabah Legality Standard (FDS-TLAS-002) as non-compliance was identified (and addressed on 02 October 2017) for criterion 2.3 & 3.1 during the assessment on August Principle 1. Japar Bin Dagang & 19 Peserta possesses a Form IIB permit for removal of timbers from the licensed area for 700 logs ( m 3 ). Principle 2. Gap 001/2017 (Major) - Checklist 2.3.5: 20 royalty paid logs sampled were observed to have Property 3

4 Highlights of Assessment Hammer Mark and FDS Royalty Hammer Mark. However, no FDS Inspection Hammer Mark were marked on the sampled logs. Status on 02 nd October 2017: Gap 001/2017 (Major) Closed All sampled logs had been inspected and marked with FDS Inspection Hammer Mark (FD 493) Ref.#: JPHTN/SFM (FLEGT) 800-1/7/10/1/12 dated on 02 nd October Observation Checklist 2.1.4: Successful Co. (logging contractor) has not submitted any notification letter to the Director of Wildlife Department before commencing their harvesting operation as this had not been stated in the Form IIB Permit. Observation Checklist 2.3.7: No Sabah TLAS Compliant endorsement observed on the TDP document during the assessment. Principle 3. Gap 001/2017 (Major) - Checklist 3.1.4: 20 royalty paid logs sampled were observed to have Property Hammer Mark and FDS Royalty Hammer Mark. However, no FDS Inspection Hammer Mark were marked on the sampled logs Status on 02 nd October 2017: Gap 001/2017 (Major) Closed All sampled logs had been inspected and marked with FDS Inspection Hammer Mark (FD 493) Ref.#: JPHTN/SFM (FLEGT) 800-1/7/10/1/12 dated on 02 nd October Principle 4. There are no human settlements identified within or associated to the license area. Not Applicable Results: (Compliance = 6; Non-Compliance = 1) Gaps raised against indicators & criteria during the August 2017 assessment. GAP Type Checklist Description 001/2017 Major royalty paid logs sampled were observed to have Property Hammer Mark and FDS Royalty Hammer Mark. However, no FDS Inspection Hammer Mark were marked on the sampled logs Status of previous outstanding Gaps. GAP Type Checklist Status Description of Close Out 20 th August 2017: No FDS Inspection Hammer Mark was marked on all sampled logs. 001/2017 Major Closed Status on 02 nd October 2017: All sampled logs had been inspected and marked with FDS Inspection Hammer Mark (FD 493) Ref.#: JPHTN/SFM (FLEGT) 800-1/7/10/1/12 dated 02 nd October Obs Checklist Description Successful Co. (logging contractor) has not submitted any notification letter to the Director of Wildlife Department before commencing their harvesting operation as this had not been stated in the EIA requirements or Form IIB Permit. 4

5 Obs Checklist Description No Sabah TLAS Compliant endorsement observed on the TDP document during the assessment. Highlights of Close Out Visit (if applicable) Dates 2 October 2017 Gap 001/2017 (Major) was checked by DFO Beluran on 29 th August 2017 and verified by KU FLEGT on 02 nd September All sampled logs had been inspected and marked with FDS Inspection Hammer Mark (FD 493). Ref.#: JPHTN/SFM (FLEGT) 800-1/7/10/1/12 dated 02 nd October Recommendations Japar Bin Dagang & 19 Peserta and Successful Co. (contractor) have now demonstrated compliance with the Sabah Legality Standard (FDS-TLAS-002) as non-compliance was identified in Criterion 2.3 & 3.1 was addressed and is eligible to receive a GFS Audit Statement and STCC from FDS. Recommendations to close the gaps/observations are as below: Observation 001 Checklist 2.1.4: Notification letter to Director of Wildlife Department needs to be submitted prior to commencing harvesting operation. Observation 002 Checklist 2.3.7: Ensure TDP and removal pass are identified as Sabah TLAS Compliant. The next surveillance audit will be scheduled in August End of Summary Report 5