Checklist Compliance

Transcription

1 Checklist Compliance TLAS SFMLA Sabah Company : Yayasan Sabah Group Rakyat Berjaya Sdn. Bhd. Licensee Details Ref #: G Address : W, 5 th and 6 th Floor, 255C, UMNO Building, Jalan Dunlop, P.O.Box: 60793, Tawau, Malaysia Contact: Mr. Thaijudin Jeman thaijeman@yahoo.com Tel: Fax: Assessment Date February 2013 Assessment Details GFS Lead Assessor GFS Assessor SFD Staff SFD Staff Jessie Ooi John Baxter, Lai Jia Woei, Radiah Mohamad Subari Suparlan and Awang Ismail (FMU auditors) Desmond Foo (ADFO Brantian), Suhezron Salim, Malan Ukil OBJECTIVES: The objective of this checklist is to verify compliance to the conditions listed in the Timber Legal Assurance System for Sabah. 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. Page 1

2 Summary Information Rakyat Berjaya Sdn. Bhd. (RBJ) was incorporated in 1970 to manage FMU 23, which is part of the Yayasan Sabah Concession Area (YSCA) (8 FMUs). RBJ have license to manage FMU 23 that the operation focus on harvesting (Natural Forest Management) and planting (agroforestry-oil palm) activities. Approximately 70 % of the planting area in FMU 23 is planted with oil palm under the agro forestry coupe license. Tenure are base on o SFMLA 09/1997 that starts on 10 September 1997 and expires on 10 September 2097 for all activities within the concession and o Tree Plantation and Forest Management Agreement - JP (TKA) 122/96(Co) 24 April ,310 Ha and Supplemental agreement upon JP (TKA) 122/96(Co) 200,000 ha -15 Feb 1999 for NFM and tree planting area that falls under Benta Wawasan SB area FMU 23 consist areas for NFM and ITP for agro forestry RBJ has 2 companies manage the oil palm plantation within FMU 23: Seri Jaya and Benta Wawasan. RBJ has two main NFM harvesting contractors : Makro Karisma Sdn. Bhd. and Empayar Kejora Sdn. Bhd. Land classification FMP Area (ha) Current (ha)* Total FMU Area NA 101,163 NFM (SFMLA) NFM Heli (SFMLA) Benta 2A Benta 2B (BW6/00) Benta 2B(BW 8/99, BW 8/00-04)** Benta 1 Plantation Forest Benta 2A (ITP) Benta 1 (OPP) NA 11, , , , , , , , Severely Degraded / Burnt Forest NA 0 Protected Forest & Conservation Areas NA 3, Social Community & Agriculture NA 0 *Based on the current land use map for FMU 23 dated 21/08/2011 (refer Appendix 3: FMU 23 Land Use Map). Boundaries and features are not based on ground survey data, the area is generated from GIS boundary delineation. ** Forest Reserve Gunung Rara (Mosaic Planting by Empayar Kejora) -28,000 ha Page 2

3 Environmental context GLOBAL FORESTRY SERVICES (M) SDN. BHD. Strips of riparian reserve for wildlife corridor are maintained along the plantation areas for elephant crossing that links to Maliau Basin and Danum Valley. Wildlife sighted within the FMU areas are: Sumatran rhino, orang utan, proboscis monkey, sun bear, clouded leopard, tembadau, bulwar pheasant, argus pheasant, and others. RBJ has EIA report for NFM, ITP and OPP (oil palm plantation) operations within FMU 23 plantation forest areas. The main species plan to be planted (asides from NFM area) includes: ITP (acacia) and oil palm plantation under the ITP coupe permit for agro forestry. RBJ has EIA report for the mosaic planting area (project area) located at Benta 2B BW 8/99 and BW8/ There are 2 main rivers associate to this project area ; Sg. Kuamut at block 1,3,4,7,8,12,13,14,18 and Sg. Kasuyan. The project area originally was covered with 67 % classified as large crown lowland dipterocarp forest with a gross standing volume ranging from m3/ha. This is based on the map produced from statewide forest inventory carried out in 1969 and 1972, under the Canada Malaysia Colombo Plan Program. The project area was most recently logged between 7-12 years ago, and the current timber stands in the area are considered poor (less than 4 commercial trees >60 cm dbh per hectare). Common dipterocarp species still found in the resiual forests include Drybalanops lanceolata, Shorea parvifolia, S. leprosula, S. mecystopteryx and Parashorea malanonaan. Pioneer species of commercial value are Neolamarckia cadamba (laran) and Octomeles sumatrana (binuang) are found in cluster stands all over the project area. Social context There are no communities living inside or adjacent to FMU 23. The nearest village to FMU 23 is Kg. Kemandut, which is located at FMU 26 (Luasong). Scope of Assessment The scope of the evaluation is to verify compliance of Rakyat Berjaya to the terms within the Sabah Forest Management License Agreement (SFMLA 09/97) for FMU # 023. The assessment is in accordance on the terms of the agreement for the Sabah Independent Auditing of SFMLA based on the agreed checklist approved by SFD, MTC, GTZ & EU FLEGT representative for Malaysia. Site evaluation to verify and report the level of compliance by Rakyat Berjaya and contractors to the standard in respect to each of the criteria within this report. Level of compliance is full compliant with no gaps in performance or elements of the standard that are not applicable; partial compliant with minor gaps in compliant & non-compliant that identifies inadequate compliance to the criteria. Page 3

4 Itinerary of Assessment 18 February 2013 : Travel from Kuala Lumpur / Sandakan to Tawau, opening meeting, travel to Luasong (overnight in Luasong). 19 February 2013 : Serijaya Industries office and plantations areas (Imbak Central, Luasong Estate and temporary camps, Riparian reserve) and Empayar Kejora (C28- Block 1 & 2, Viva Daya workshop, nursery (overnight in Luasong). 20 February 2013 : Makro Karisma (C657), Serijaya Industries Office (Imbak Central) documentations, Benta Wawasan office, camp and plantation, travel back to Tawau (overnight at Tawau). 21 February 2013 : Documentation Review, RBJ office. 22 February 2013 : Closing Meeting at RBJ office, travel back to Sandakan/ Kuala Lumpur. Highlight of Assessment FMU 23 has four entities existing within the Rakyat Berjaya Sdn. Bhd. license agreement and there are; Benta Wawasan, Serijaya Industries, Makro Karisma and Empayar Kejora. Benta Wawasan and Serijaya Industries manages the agro-forestry (oil palm plantation) areas; Makro Karisma conducts RIL harvesting operation in NFM areas and Empayar Kejora conducts both RIL harvesting and mosaic planting operations within FMU 23. Empayar Kejora has an approved Forest Management Plan (FMP) in April 2012 for managing 28,374 Ha located at Gunung Rara Forest Reserve (Coupe # : BW8/99, BW8/00- BW8/04, License # : JP(TKA)122/96 (Co)), FMU 23. Empayar Kejora aims for the sustainable production of timber through integrated mosaic planting design; combines the cultivation of fast growing trees in block of fast growing trees in block that are interspersed amongst patches of natural forest, thereby forming a mosaic of small monocultures and patches of natural forest. The ratio between planted and natural forest patches is approximately 40:60. The project area (28,000 ha for mosaic planting) under FMU 23 is zone into ; Forest Land use Area (Hectare) ( ) Mosaic Planting 18,288 Natural Forest Management 9,320 Conservation 475 Research 291 Grand Total 28,374 TLAS audit for RBJ for managing FMU 23 in February 2013 has met the passing mark and complied to all applicable critical criteria. Thus, RBJ has demonstrated full compliance to the Sabah TLAS standard and the timber produced from this concession is categorized as Verified Legal Compliance. The current assessment on RBJ for managing FMU 23 conducted recently wishes to highlight the followings: Criterion 4.4 : No training records were presented during the on basic operational plans for fire prevention and suppression (Outstanding gap); Criterion 1.3 : The existing land use map does not refer to the mosaic planting (the project area Empayar Kejora) on areas occupied within the FMU for base camps, workshops, stumping yards presented during the assessment period; Criterion 2.2 : There were no EIA Compliance Report presented during the audit for areas managed by Page 4

5 Highlight of Assessment Makro Karisma, Benta Wawasan and Serijaya Industries; Criterion 10.1 : No Certificate of Identity (COI) for Serijaya and Benta Wawasan workers (SFMLA Clause 25, 26, 29). Two labour quarters of Serijaya does not have toilets and first aid kit. Sanitation at Pembinaan Kekal Kaya (Serijaya house contractor camp) is poor as littering was observed everywhere around the camp. Criterion 10.2 : No fire extinguishers at labour quarters at Block 35 and 43 located at Serijaya Luasong estate. Observed open burning of trash at workers quarters at block 43. Four observations were made: i. OP signboard should be made available for all campsite and roads. Several occupational permits (OP) for FMU23 observed to be pending for approval or had expired. ii. 17 out of 34 existing OP s in SJI and all OP s in Benta Wawasan (Ramin Estate) have expired. There were no Occupational Permits presented during the audit for the workers quarters at Block 35 & 43 at Serijaya Estate (Luasong) as well as an opened quarry at Makro Karisma, compartment 304. iii. The approved Forest Management Plan for the Empayar Kejora mosaic-planting area does not refer to inventory conducted. iv. There is no direct linkage between the coupe number BW8/99, BW8/00- BW8/04 identified in Empayar Kejora FMP and latest coupe permit number (TWU 06/12 (YT1/12(1)). Page 5

6 Results: For February 2013 TLAS assessment, the percentage of indicators showing full or partial compliant for Rakyat Berjaya (FMU 23) was 87.5%. The following table displays a breakdown of the various levels of compliance. Compliance Level Compliant Partial Non- Not Total Applicable (1) (0.5) Compliant Applicable Criteria Criteria Critical Non-Critical Sub-Total Total The following GAPS were raised for partial and non-compliant indicators during the February 2013 assessment. GAP Checklist Compliance Level Description 001 (2011) 4.4 Partial (Outstanding) No training records were presented during the on basic operational plans for fire prevention and suppression Partial The existing land use map does not refer to the mosaic planting (the project area Empayar Kejora) on areas occupied within the FMU for base camps, workshops, stumping yards presented during the assessment period Partial EIA Compliance Reports were not available during the audit for areas managed by Makro Karisma, Benta Wawasan and Serijaya Industries Partial The FMP is limited for management of the 28,000 ha of Gunung Rara Forest Reserves under Empayar Kejora (BW 8/99, BW 8/00-04) and does not define systems for the entire unit at the current time Non No Certificate of Identity (COI) for Serijaya and Benta Wawasan workers (SFMLA Clause 25, 26, 29). Two labour quarters of Serijaya do not have toilets and first aid kits. Sanitation at Pembinaan Kekal Kaya (Serijaya house contractor camp) is poor as litter was observed everywhere around the camp Partial No fire extinguishers at at Block 35 and 43 labour quarters located at Serijaya Luasong estate. Observed open burning of trash at workers quarters at block 43. Page 6

7 Recommendations: The following recommendations for Rakyat Berjaya under FMU 23 are stated as follows; FMU 23 has four entities existing within the Rakyat Berjaya s Sdn. Bhd. license agreement and there are; Benta Wawasan, Serijaya Industries, Makro Karisma and Empayar Kejora. Rakyat Berjaya Sdn. Bhd. being the license holder should take the leading role in coordinating and ensuring its entities complies with all the policies and regulation as stipulated in the license agreement between forestry department and Rakyat Berjaya Sdn. Bhd.. It is recommended that the operating company, to observe the following compliance level such as; a) All Occupational Permit (OP) s need to be updated and all OP signage s should be erected at its proper site following the proper measurement as per forestry department requirement. b) Training of personnel on Fire prevention, Health and safety and other trainings related to the operation within the FMU. c) FMU 23 Land use map needs to be updated for Empayar Kejora mosaic planting area 28,000 ha. d) EIA quarterly compliance report should be made available during the audit. e) All workers working within the license area should be registered with Certificate of Identity (COI) with the forestry department. Proper sanitation and first aid kit should be made available at all working and living areas. f) Expired fire extinguisher should be replaced and should adequately be allocated at all working and living areas. g) All copies of relevant documents and permits should be extended and kept at all contractors main operating offices. h) Serijaya plantation is advised to take note of all notices that have been extended to them especially notices from forestry department through Rakyat Berjaya Sdn. Bhd.. End of Summary Report Page 7