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. Asiatic Organic Farm Sdn. Bhd. (Contractor) David Yong (Rakyat Berjaya Officer In- Charge, Tawau Region) Licensee 5 th & 6 th Floor, 255C, UMNO Building, Jalan Dunlop, P.O. Box 60793, Tawau, Sabah, Malaysia. Contractor TB 3478, Ground Floor, Jalan Masjid, Tawau, Sabah, Malaysia. Reference # Date of Report Date of close out Telephone G a 20 October December Fax davidyong452@gmail.com Approved By Dr. Kevin T. Grace Statements Audit Statement GFS 051 LVS Issuance Date 05 December 2017 Expiration Date 19 October 2018 Assessment Dates October 2017 Assessment Details Scope of Assessment Species Lead Assessor Assessor(s) FDS Staff TLAS Principles 1-4: Integrated Mosaic Planting and Integrated Wellness Centre Drybalanops spp. (Kapur), Dipterocarpus spp. (Keruing), Parashorea spp. (White seraya), Shorea spp. (Red seraya, Yellow seraya) Heritiera simplicifolia (Kembang), Sapotaceae spp. (Nyatoh), Shorea pauciflora (Oba suluk), Neolamarckia cadamba (Laran), Duabanga moluccana (Magas), Octomeles sumatrana (Binuang), Alstonia spp. (Pulai), Lauraceace (Medang). Walter Marcus Siti Radiah Mohamad Roslan Junaidi (FLEGT Officer), Edmund William (DFO Kalabakan), Suhezron Salim, Abdul Hadi Bin Ruddani, Dameyuros Limar 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 Summary Information Overview of Licensee: Rakyat Berjaya Sdn. Bhd. (RBJ) is a subsidiary company of Yayasan Sabah Group that is responsible to manage FMU 24 (SFMLA 09/97). The project area covers a gross area of 1, ha, which is divided into Block A and Block B. Block A located partly at Kalabakan Forest Reserve ( ha) while Block B is located partly in Kalabakan Forest Reserve (698 ha) and partly in Gunung Rara Forest Reserve (947 ha). The management of the project area is directly under Asiatic Organic Farm Sdn. Bhd. AOFSB that is responsible for the implementation of the FMP. The area is located in Coupe YT 5/04 within the Government of Malaysia UNDP GEF Project on Biodiversity Conservation in Multiple Use Forest Landscapes in Sabah, Malaysia. The project area has been zoned into three major land uses namely, Conservation, Integrated Wellness Centre and Integrated Mosaic Planting. The previous FMP for project area ( ) was prepared and approved on 27 August Pursuant to the terms of the agreement between YS wholly-owned subsidiary, INNO FISHERIES SDN BHD (IFSB) and AOFSB, the latter is required to develop approximately 131 ha net of the project area for an Integrated Wellness and Ecotourism Centre that incorporates agrosilvopastoral activities, ecotourism and facilities (Resort and Spa) while the rest of the project area comprising an area of 1, ha had been set aside for conservation. During the past 5 years, AOFSB activities were concentrated on the Integrated Wellness and Ecotourism Centre. Although progress in the implementation of the previous FMP was regularly reviewed during the years, there is a need for more comprehensive review to be made periodically during the term of plan implementation. Therefore, a mid-term review was conducted in early 2013 to evaluate the operations of the previous FMP, resulting in this current plan replacing the previous plan. The most significant change in land-use in this new FMP is that the areas that had been set aside for conservation and agro-silvopastoral in the previous FMP are now all to be managed under the integrated mosaic planting concept. Land use classification: Land classification FMP Area (ha) Total Concession Area 1, Land use - Integrated Mosaic Planting 1, Integrated Wellness Centre Conservation Environmental context FMU 24 comprises Gunung Rara Forest Reserve and Kalabakan Forest Reserve (Class II Commercial Forest Reserves), VJR Batu Timbang, VJR Ulu Sg. Napagon and VJR Nurod Urod (Class VI Virgin Jungle Reserves). Gunung Rara Forest Reserve has been identified as a natural wildlife corridor and is also known as an important habitat for a few totally protected fauna species (e.g. Banteng, Orang Utan and Borneon Elephant). Sighted wildlife in the area includes the Rhinoceros, Orang Utan, Clouded Leopard, Proboscis Monkey, Wild Buffalo (Tembadau) and Asian Elephant. Maliau Basin Conservation Area (55,840 ha) is also a part of FMU 24, subject to a separate Management Plan. Imbak Canyon Conservation Area (16,750 ha) is adjacent to the northern part of FMU 24. 2

3 The areas in between Maliau Basin Conservation Area and the FMU 24 production area are designated as buffer zones - Maliau Buffer Zone Area 1 and Maliau Buffer Zone 2. Maliau Buffer Zone Area 1 is only allowed to be harvested once whereas Maliau Buffer Zone 2 is allowed to be harvested as long as the Reduced Impact Logging (RIL) technique is applied. The buffer zone areas are dominated by Mixed Dipterocarp Forest which has not been logged before, thus the area contains high volume and value of merchantable timber resources. The dominant commercial tree families include Dipterocarpaceae, Fagaceae, Apocynaceae, Euphorbiaceae and Lauraceae. RBJ coupes, which fall within Maliau Buffer Zone Area 2 are part of Coupes YL1/03; part of YL2/03; YT1/09; part of YT1/03; part of YT2/08; YT3/05(1); YT3/05(2); YT3/04; and YT4/08. Coupe YT 5/04 is not located within the Maliau Buffer Zone areas Two areas in FMU 24 are identified as Project Area under Conservation Environment Management Division (CEMD) - RIL 2 Project Area and SUAS Project Area; and 4 areas as conservation area - VJR Batu Timbang, VJR Ulu Sg. Napagon, VJR Nurod Urod and water catchment area (2,160 ha); as well as two areas identified for tourism - Tourism Area under CEMD (250 ha) and Wellness/Eco - Tourism Project Area (1,200 ha). Existing EIA report An Environmental Impact Assessment of Proposed Integrated Mosaic Planting on 1, hectares in Yayasan Sabah Concession Area (YT05/04), Within Part of Gunung Rara and Kalabakan Forest Reserve, Tongod, and Tawau District, Sabah was prepared and approved on 11 th November 2016 (Ref.#: JPAS/PP/21/600-1/01/3/59 (34)). Social context There are no communities settling inside or adjacent to the project area within FMU 24. The nearest village to FMU 24 is Kg. Kemandut, which is located near FMU 26 (Luasong). Scope of Assessment The scope of the evaluation is to verify compliance of Asiatic Organic Farm Sdn. Bhd. within the Sabah Forest Management License Agreement (SFMLA 09/97) for FMU 24. 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 Asiatic Organic Farm Sdn. Bhd. 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 16 October 2017 Monday 17 October 2017 Tuesday 18 October 2017 Wednesday 19 October 2017 Thursday Activity Travelling from Sandakan to Tawau, Opening meeting at RBJ Tawau. Field visit to Asiatic Organic Farm, riparian, sub- contractor camp site, salvage logging area. Public holiday (Deepavali). Field visit to Asiatic Organic Farm, logs sampling at wellness harvesting area, document review. 3

4 Itinerary of Assessment 20 October 2017 Friday Closing meeting at RBJ Tawau, travelling to Sandakan. Highlights of Assessment 17 th October 2017 (Major Gaps = 1; Minor Gaps = 2; Observations = 2) 19 th October 2017 (Major Gaps = 1; Minor Gaps = 0; Observations = 2) 4 th December 2017 (Major Gaps = 0; Minor Gaps = 0; Observations = 2) Asiatic Organic Farm Sdn. Bhd. has now complied with the Sabah Legality Standard (FDS-TLAS-002) following close out of Major Gap 004/2017 identified during the assessment on October Summary of status of operations by Principle: Principle 1: AOFSB is in the process to develop the 3 rd revision of the FMP to include proper land use, zoning, and activities to be implemented in the next 7 years (from ). The revised FMP is scheduled to be available in December Gap 004/2017 (Major) Checklist 1.5.1, 1.7.1: Draft of AWP 2017 is available but is in the process of revision and was not submitted to FDS. All activities conducted by AOFSB are based on the draft AWP 2017 and approved coupe permit. Activities in Coupe TWU 02/17 (wellness harvesting) were conducted prior to the approval of AWP 2017, and has yet to be submitted to FDS for approval. Status on 4 th Dec 2017 = Gap 004/2017 (Major) Checklist 1.5.1, 1.7.1: Closed The AWP 2017 was approved on 28 th November 2017 (Ref.#: JPHTN/SFM /4/1/(KLT.2)/80). A close-out verification inspection was conducted on 28 th November 2017 by FLEGT unit by SFM Division (Ref.#: JPHTN/SFM(FLEGT)800-1/7/7/1/3/8). Principle 2: A disturbed area caused through the installation of a gravity pipe was rehabilitated with pioneer trees (Laran) and verified by FDS Kalabakan. (Ref.#: JPHTN/KA/ (MBRTN) 700-3/9/2/72 dated 19 Oct 2017) Observation 001 Checklist 2.3.7: The identification of Sabah TLAS Compliant stamp on the transportation documents has yet to be implemented. Observation 002 Checklist : Forest Fire Prevention and Management Plan was not available during the assessment. Principle 3: According to statement made by FDS, all associated fees have been paid. Principle 4: No communities have been identified within or adjacent to the licensed area. Not Available Results: (Compliance = 13; Non-Compliance = 0) Gaps were raised against indicators & criteria during the October 2017 assessment. GAP Type Checklist Description 004/2017 Major Draft of AWP 2017 is available but is in the process of revision and 4

5 GAP Type Checklist Description was not submitted to FDS. All activities conducted by AOFSB are based on the draft AWP 2017 and approved coupe permit. Activities in Coupe TWU 02/17 (wellness harvesting) were conducted prior to the approval of AWP 2017, and has yet to be submitted to FDS for approval. 005/2017 Minor Inadequate implementation was observed in respect to waste management, scheduled waste labeling, spillage and containment of lubricants and fuel. 006/2017 Minor Excessive soil disturbance was observed nearby the seasonal stream caused by the installation of gravity pipe. Status of previous outstanding Gaps. GAP Type Checklist Status Description of Close Out 005/2017 Minor Closed 17 October 2017: 5 Inadequate implementation of relevant environmental mitigation measures in terms of waste management system, scheduled waste labeling and spillage control measures were observed. 19 October 2017: 006/2017 Minor Closed 17 October 2017: 004/2017 Major Oil trays were provided by AOFSB to control spillage at workshop, scheduled wastes were kept in a drum with label and tray. Non-biodegradable waste was taken out from the dumping pit and verified by FDS Kalabakan. (Ref.#: JPHTN/KA/ (MBRTN) 700-3/9/2/72 dated 19 Oct 2017) Unnecessary soil disturbance nearby the seasonal stream caused by the installation of gravity pipe was observed. 19 October 2017: The disturbed area was rehabilitated with pioneer trees (Laran) and verified by FDS Kalabakan. (Ref.#: JPHTN/KA/ (MBRTN) 700-3/9/2/72 dated 19 Oct 2017) Closed 17 October 2017: Draft of AWP 2017 was available but is in the process of revision and was not submitted to FDS. All activities conducted by AOFSB are based on the draft AWP 2017 and approved coupe permit. Activities in Coupe TWU 02/17 (wellness harvesting) were conducted prior to the approval of AWP 2017, and has yet to be submitted to FDS for approval. 4 December 2017: The AWP 2017 was approved on 28 th November 2017 (Ref.#: JPHTN/SFM /4/1/(KLT.2)/80) A close-out verification inspections was conducted on 28 th November 2017 by FLEGT unit by SFM Division (Ref.#:JPHTN/SFM(FLEGT)800-1/7/7/1/3/8).

6 Highlights of Close Out Visit (if applicable) Dates 4 December 2017 Gap 004/2017 (Major) Closed: The AWP 2017 was approved on 28 th November 2017 (Ref.#: JPHTN/SFM /4/1/(KLT.2)/80). A close-out verification inspection was conducted on 28 th November 2017 by FLEGT unit by SFM Division (Ref.#: JPHTN/SFM(FLEGT)800-1/7/7/1/3/8). Obs Checklist Description It was observed that the identification of Sabah TLAS Compliant stamp on the transportation documents has yet to be implemented. According to FD 36/2016, the stamping of Sabah TLAS Compliant is applicable since 1 st January 2017 for area that complied and awarded with TLAS-CC Forest Fire Prevention and Management Plan was not available during the assessment. Recommendations Asiatic Organic Farm Sdn. Bhd. has now demonstrated compliance with the Sabah Legality Standard (FDS-TLAS-002) as Gap 004/2017 was addressed and now is recommended to receive a GFS Audit Statement and STCC from FDS. Observations identified in this assessment should be addressed before the next surveillance visit. Action required to close the gaps/observations include: Observation Checklist 2.3.7: To ensure all log transportation document are stamped with Sabah TLAS Compliant once the area is awarded with TLAS-CC. Observation Checklist : To ensure that a Forest Fire Prevention and Management Plan is established and available during the assessment. The next surveillance audit will be scheduled in October End of Summary Report 6