Sabah TLAS Audit Report

Transcription

1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee Contact Person Office Address Collectors as Trustee; Sabah Land Development Board (SLDB) (Licensee) Malajasa Sdn. Bhd. (Contractor) Kenny Lui (Manager) Malajasa Sdn. Bhd. P. O. Box: 1773, Keningau, Sabah. Reference # G Date of Report Date of close out Telephone 11 Sep Fax luikeingyee@yahoo.com Approved By Dr. Kevin Grace Statements Audit Statement GFS 119 LVS Issuance Date 01 October 2017 Expiration Date 30 September 2018 Assessment Details Assessment Dates September 2017 Scope of Assessment TLAS Principles 1 4: Form IIB license (JPHTN/FRM 700-2/4/1/198(a)/Jld.3/10) Species Mixed species from clear felling include: Dryobalanops spp. (Kapur), Dipterocarpus spp. (Keruing), 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), Lithocarpus & Quercus (Mempening), Myristicaceae (Darah-darah), Dillenia spp. (Simpor), Parartocarpus or Artocarpus (Terap), Tristaniopsis merguensis (Pelawan-pelawan), Dyera spp. (Jelutong), Dialium indum (Keranji), Gluta/Semecarpus/Melanochyla & Swintonia (Rengas), Annonaceae (Pisangpisang),Campnosperma auriculatum (Terentang), Macaranga spp (Sedaman) Lead Assessor Walter Marcus Assessor(s) Mohd. Johari Abd. Latif and Paramjit S. Gill FDS Staff Hamdan Faridz (ADFO Tibow), Mazlan Azman (MCEE KGU), Felix Gasah (KPPM Sapulut), Anselmus Pedro (KPPM Sapulut), Jusceric Kadam (KPPM Sapulut), Julaili M. (MCEE KGU) 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. Power of Attorney was granted to Sabah Land Development Board (SLDB) as Collector as Trustee who acts as the developer and coordinator of all operations related to the licensed area. As an initial step of site preparation, the identified agricultural development areas require the harvesting and removal of remaining residual timber stocks. SLDB is also the Form IIB licensed holder. Form IIB licenses are issued for the purpose of removing felled logs from alienated lands during land clearing activities and they are assessed for royalty and other charges by Forestry Department of Sabah s staff before they can be removed from the respective land. The parties involved in the management, administration and other operations in the licensed area include the following: SLDB Collector As Trustee and Form IIB licensed holder SLDB developer of oil palm plantation activities Malajasa Sdn. Bhd. appointed logging contractor District Forestry Office Tibow (collecting payment of timber royalties and other fees due to Sabah Forestry Department and State Government) Lands and Surveys Department (in charge of area survey and delineation, mapping, issuance of Communal Land Titles) Project Description: The project proponent, Sabah Land Development Board is working on developing the licensed area (communal titled land no. NT ), in the District of Nabawan, Sabah measuring 1, ha surveyed area. The approval to enter and develop the project site was given by the Lands and Surveys Department to SLDB on 21 st March 2013 via letter with Ref. no. L.S /18 (SHJ). The project involves oil palm planting on an area of 1, ha. The project activities of oil palm plantation development can be categorized into four main phases. These phases include predevelopment, development, operation and abandonment. Sabah Land Development Board appointed Malajasa Sdn. Bhd. to conduct salvage logging and land clearing activity at the licensed area. (Ref.#: LKTNS /1 dated 02/11/2015). To date, ha of the project area has been logged, and the remaining ha has yet to be logged. Environmental Context: The project area is located on undulating terrain. The elevation of the project area ranges from 180m to 450m above mean sea level (AMSL). Overall the project site comprises 95.1% of slope less than 25. There is 4.9% of the area more than 25 slope, which will be excluded from the plantation activities. The main rivers flowing within the project area are Sg. Sumatalun, Sg. Beliar, and Sg. Saliku. The flora species within the project site basically consists of secondary vegetation, shrubs, coarse grasses and cover. Sapulut Commercial Forest Reserve (Class II) is bordering the project site on the north and south, which may have protected and endangered flora species. Surveys also showed that there was no faunal species that are classified Schedule 1, Totally Protected Animals of Sabah Wildlife Conservation Enactment 1997 found within the project site. EIA for the proposed development on 1, hectares of oil palm plantation at Sumatalun, Pegalungan, District of Nabawan, Sabah was conducted by an appointed environmental consultant firm; Kiwiheng Environmental Consultants Sdn. Bhd. The EIA report was submitted to the Environmental Protection Department and was issued on 28 th August

3 Social Context: FDS-TLAS-006 According to the EIA report, there is no existing human settlement within the project site. The nearest villages are Kg. Saliku and Kg. Sibua with 0.20km and 0.25km approximate distant respectively from the project site boundary. Scope of Assessment The scope of the evaluation is to verify compliance of SLDB with Form IIB licensed located in the district of Pegalungan Nabawan. 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 SLDB and contractors, Malajasa Sdn. Bhd. 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 04 September 2017 Monday 05 September 2017 Tuesday 06 September 2017 Wednesday 07 September 2017 Thursday 08 September 2017 Friday Public Holiday Travel to Keningau. Activity Opening meeting at PPD Tibow. Field visit to FIIB licensed area (license boundary, harvesting area) and document review Field visit to FIIB licensed area (riparian, boundary buffer, stumping) and document review. Closing meeting at PPD Keningau and travel back to Sandakan. Highlights of Assessment (Major Gaps = 0; Minor Gaps = 2; Observations = 3) Sabah Land Development Board (SLDB) as Collector as Trustee and contractor (Malajasa Sdn. Bhd. has complied with the Sabah Legality Standard (FDS-TLAS-002) as no non-compliance was identified during the assessment on September Summary of status of operations by Principle: Principle 1. The Collector as Trustee (SLDB) and contractor demonstrated compliance to licensed requirements, required management planning, and submission of documents or reports such as the Environmental Impact Assessment report to the relevant authorities. # Form IIB Permit Date of Issuance 1 (JPHTN/FRM 700-2/4/1/198(a)/Jld.3/10) 10/08/2017 Communal title land NT Title # Area (ha) Timber for removal 1, ,490 logs (2, m 3 3

4 Highlights of Assessment Form IIB permits were based on 1,490 logs (2, m3) within the area of 1, ha (3,000 acres) Ref.#: JPHTN/TO 700-2/4/158/JLD.2/(37) dated on 14 August Observation Checklist 1.3.1: There is a discrepancy between the project area size stated in the EIA and Form IIB Permit. The project area size stated in the EIA is 1, ha whereas in Form IIB Permit is 1, Principle 2. The appointed logging contractor (Malajasa Sdn. Bhd.) adhered to the Form IIB permit and EPD condition. EIA for the proposed development of oil palm plantation at Sumatalun, Pegalungan, District of Nabawan, Sabah was conducted by an appointed environmental consultant firm; Kiwiheng Environmental Consultants Sdn. Bhd. The EIA report was submitted to the Environmental Protection Department and was issued on 28 th August The team observed a lack of submission of the quarterly compliance report and inadequate marking of riparian reserves. Gap 001/2017 (Minor) - Checklist 2.1.3: No submission of Environmental Compliance Report (ECR) was made to the EPD. Gap 002/2017 (Minor) - Checklist 2.1.5: The boundary of riparian reserve of two rivers (Sg. Saliku and Sg. Sumatalun) was observed without marking of red paint and signboard ( Riparian Reserve ) but not disturbed. Sg. Saliku and Sg. Sumatalun have been designated for protection in the EIA. Observation Checklist 2.1.4: Malajasa Sdn. Bhd. (logging contractor) has not submitted any notification letter to the Director of Wildlife Department before commencing their logging operation. Observation Checklist 2.3.5: Logs at the stumping area were observed to have been stamped with the required hammer marks, however the stamped hammer marks were not clear. Principle 3. The Collector as Trustee; SLDB and contractor had paid the applicable licensing fees and other charges to the District Forestry Office such as FD machineries registration, occupational permit, Property hammer mark, logs royalties and removal pass fees. Principle 4. There are no human settlements within the licensed area. Results: (Compliance = 11; Non-Compliance = 0) Gaps were raised against indicators & criteria during the September 2017 assessment. GAP Type Checklist Description 001/2017 Minor /2017 Minor No submission of Environmental Compliance Report (ECR) was made to the EPD. The boundary of riparian reserve of two rivers (Sg. Saliku and Sg. Sumatalun), was observed without marking of red paint or signboard ( Riparian Reserve ) but were not disturbed. Sg. Saliku and Sg. Sumatalun have been designated for protection in the EIA. 4

5 Status of previous outstanding Gaps. GAP Type Checklist Status Description of Close Out Obs Checklist Description There is a discrepancy between the project area size stated in the EIA and Form IIB Permit. The project area size stated in the EIA is 1, ha whereas in Form IIB Permit is 1, Malajasa Sdn. Bhd. (logging contractor) has not submitted any notification letter to the Director of Wildlife Department before commencing their logging operation Logs at the stumping area were observed to have been stamped with the required hammer marks, however the stamped hammer marks were not clear. Highlights of Close Out Visit (if applicable) Not Applicable Dates Recommendations Collector as Trustee; SLDB and contractor (Malajasa Sdn. Bhd.) has demonstrated compliance with the Sabah Legality Standard (FDS-TLAS-002) for its designated area and is recommended to receive a GFS Audit Statement and STCC from FDS. Gaps/observations identified in this assessment should be addressed before the next surveillance visit. Action required to close the gaps/observations include: Gap 001/2017 (Minor) - Checklist 2.1.3: Environmental Compliance Report (ECR) must be submitted to Environmental Protection Department or JPAS at least every 6 months from the date the letter of undertaking was signed and continued until the project ends. Gap 002/2017 (Minor) - Checklist 2.1.5: Demarcate the boundary of riparian reserve along the river/stream within the licensed area with red paint and signboard ( Riparian Reserve ) at strategic locations. Observation 001 Checklist 1.3.1: The size of the licensed area should be consistent in all documents. Observation 002 Checklist 2.1.4: Wildlife Department should be notified before commencing any logging operation. Observation 003 Checklist 2.3.5: All property mark stamped onto the logs need to be highlighted using paint or crayon to ease any inspection activity. The next surveillance audit will be scheduled in September End of Summary Report 5

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