Sabah TLAS Audit Report

Transcription

1 Licensee Contact Person Office Address Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee: Appolonia Malujau dan 7 Peserta Contractor: Syarikat Maksigaya Diong Ing Hooi (Manager Maksigaya) Benjamin bin Mangatin (Maksigaya Ranger) Suite 311, 3 rd floor, Central Building, Jalan Segunting, Kota Kinabalu, Sabah, Malaysia. Reference # G Date of Report Date of close out 8 th May Telephone Fax kyltimbers@yahoo.com Approved By Dr. Kevin T. Grace Statements Audit Statement GFS 099 LVS Issuance Date 01 June 2018 Expiration Date 31 May 2019 Assessment Details Assessment Dates 7 th 8 th May 2018 Scope of Assessment JP (KRN) 011/2016 (F1) Species Drybalanops spp. (Kapur), Koompassia malaccensis (Impas), Parashorea spp. (White seraya), Shorea spp. (Red seraya), Yellow seraya, Melapi, Sapotaceae spp. (Nyatoh), Shorea pauciflora (Oba suluk), Neolamarckia cadamba (Laran), Duabanga moluccana (Magas), Octomeles sumatrana (Binuang), Alstonia spp. (Pulai), Nauclea spp. / Neonauclea spp. (Bangkal), Annonaceae spp. (Karai), Eugenia spp. (Obah), Sindora beccariana (Sepetir), Lauraceace (Medang), Lithocarpus & Quercus (Mempening), Myristicaceae (Darah-darah), Dillenia spp. (Simpor), Cotylelobium spp. (Resak batu), Cratoxylum arborescens (Serungan), Koordersiodendron pinnatum (Ranggu), Hopea sangal (Gagil), Parartocarpus or Artocarpus (Terap), Prerospermum (Bayor), Tristaniopsis merguensis (Pelawan-pelawan), Dyera spp. (Jelutong), Dialium indum (Keranji), Annonaceae (Pisang-pisang), Azadirachta excels (Bawang-bawang), Endospermum diadenum (Sendok Sendok), Magnolia candollii (Chempaka), Assam, Parkia speciosa (Petai), Gluta/Semecarpus/Melanochyla & Swintonia (Rengas), Heritiera simplicifolia (Kembang), Shorea inappendiculata (Selangan batu), Castanopsis motleyana (Berangan), Koompassia excelsa (Mengaris), Anisoptera spp. (Pengiran), Scaphium spp. (Kembang semangkuk) Lead Assessor Lai Jia Woei Assessor(s) Cynthia D. John, Franklin Emang FDS Staff Roslan Junaidi (Head of FLEGT unit), Harry F. Ikok (DFO Ranau), Ahmat Ghanie (ADFO Ranau), RH Dainold Yudat (KPPM Selatan), PH Suhaibon Saribin (PPM Selatan) 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 The project area located within Lot TOL designated under State Land in the District of Ranau, Sabah, 11 km southeast of Ranau Township. The total area for project area is 1, hectares. It is accessible via an existing gravel road and logging road off Jalan Ranau Telupid near Kg. Kebuh. The State Government of Sabah through Natural Resources Office approved the renewal of TOL application made by Appolonia Malujau dan 7 Peserta to conduct logging operation within TOL (Ref. #: JKM.PHB.700-2/390/ (19) dated 27 th July 2015). Assistant Collector Land Revenue (ACLR) of Ranau granted conditional approval to Appolonia Malujau dan 7 Peserta for its TOL from 27 th July 2015 to 26 th July 2017 that was renewed on 7 th September Land and Survey Department of Ranau District verified the payment (Payment receipt # & ). Subsequently, FDS renewed the license of JP (KRN) 001/2016 (F1) to 26 th January 2019 (Ref. #: JPHTN/FRM700-2/3/104/JILID.7/54 dated 08/09/2017). The agreement between Majumas Sdn. Bhd. and the project proponent was annulled when Majumas Sdn. Bhd. failed to comply with the environmental requirements as prescribed in Surat Akujanji during the project activity. The locals made a complaint about the nearby water pollution and other related environmental issues. Appolonia Malujau dan 7 Peserta appointed Syarikat Maksigaya as the new project contractor based on an agreement signed on 25 th July 2016 through Surat Kuasa Pengganti Wakil (Ref. #: K16/C250/SP(056)-MSSB/LY(KS)). Forestry Department of Sabah issued Form 1 license to Syarikat Maksigaya to conduct the harvesting operation through form JP (KRN) 011/2016(F1) on 25 th November The previous assessment was conducted in May 2017 that resulted in 2 Minor Gap and 2 observations (Report #: G ) Land use classification: Land classification Current (ha) Total Concession Area 1, Steep Area (> 25 o ) Riparian Reserve Environmental Context: Forest type and history of management The TOL area comprises of mixed highland dipterocarp and non-dipterocarp forest as well as undergrowth vegetation and aquatic habitat (tributaries of Sg. Liwagu and Sg. Mindahon). The dominant vegetation in the vicinity comprised of primary/secondary forest, small-scale rubber/oil palm plantation and shifting cultivation carried out by local villagers. Principal commercial species The project area is dominated by secondary forest, with common tree species including Laran (Anthochephalus cadamba), Binuang (Octomeles sumatrana), Keruing (Dipterocarpus spp.), and Kapur Merah (Dryobalanops beccari). Based on the site survey and previous EIA study, there is no protected floral species recorded within the project area. Specific biological values (e.g. rare or endangered species) Based on the site survey and previous EIA study, there is no protected floral species recorded within the project area. Environmental services (e.g. critical watersheds, wildlife corridor, etc.) provided by the forest Not available. Existing EIA report 2

3 Appolonia Malujau & 7 Peserta previously appointed Ekohandal Sdn. Bhd. as an Environmental Consultant to carry out an Environment Impact Assessment (EIA) study, in line with the requirement of the Environment Protection Department (EPD). The EIA was approved on 30 th July 2013 and surat akujanji was signed on 1 st November However, the surat akujanji was cancelled by EPD (Ref. #: JPAS/WPD/RNU900-1/01/1/1/ (12) dated 7 th September 2015). Therefore, EPD requested for an EIA reassessment report, which conducted by the new EIA consultant named Lakimson Consultancy Group Sdn. Bhd. and subsequently approved by EPD (Ref. #: JPAS/PP/16/600-1/01/1/290Klt.2 (5) dated 10 th June 2016). Social Context: There is no settlement within the project area. The nearest settlement is Kg. Togoyog, located approximately 2.3km west of project area. Scope of Assessment The scope of the evaluation is to verify compliance of Appolonia Malujau dan 7 Peserta with the Form 1 License for an area of 1, ha located in the district of Ranau. 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 Appolonia Malujau dan 7 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 07 May 2018 Monday 08 May 2018 Tuesday 09 May 2018 Wednesday 10 May 2018 Thursday 11 May 2018 Friday Travel to Ranau and Opening Meeting Activity Site visit to Appolonia Malujau dan 7 Peserta licensed boundary at Block 8 and 6; stream buffer zone / riparian reserve and steep area at Block 4; base camp; log landing; stumping located at Nalapak; Document review and Closing meeting. Return to Sandakan Public holiday Malaysia General Election 14 Public holiday Public holiday Highlights of Assessment (Major Gaps = 0; Minor Gaps = 4; Observations = 0) Appolonia Malujau dan 7 Peserta (Syarikat Maksigaya) has complied with the Sabah Legality Standard (FDS-TLAS-002) as no non-compliance was identified during the assessment on 7 th 8 th May Summary of status of operations by Principle: Principle 1. Appolonia Malujau dan 7 Peserta possesses a valid Form 1 License, JP (KRN) 011/2016 (F1) that allows the company to conduct the harvesting activities within the defined area of 1, ha. 3

4 Highlights of Assessment FDS-TLAS-006 TOL was renewed on 7 th September Land and Survey Department of Ranau District verified the payment made (Payment receipt # & ). Subsequently, FDS renewed the license of JP (KRN) 001/2016 (F1) to 26 th January 2019 (Ref. #: JPHTN/FRM700-2/3/104/JILID.7/54 dated 08/09/2017). Principle 2. Syarikat Maksigaya demonstrated compliance to license requirements, which includes demarcation of stream buffer one / riparian reserve and steep area, registration of logging contractor, haversting machinery and Property Hammer Mark. It is observed that one minor and one observation were adequately closed and addressed: 21 May 2017: Gap 002/2017 (minor) Checklist Lack of safety precaution during transportation log. 8 May 2018: Gap 002/2017 (minor) - Closed First aid kit was available at base camp (RS BOR ). The contents were adequate. Functional fire extinguishers were also provided at the base camp. No log transportation observed during the field visit. 21 May 2017: Observation Checklist Implementation of stamping Sabah TLAS on the removal pass. 8 May 2018: Observation (Addressed) Based on Removal Pass sampled that covered logs transported to mill, the identification of Sabah TLAS Compliant on the Removal Pass has been implemented. FDS-CC #: FDS (SLS) 015/2017 with validity 01/06/ /05/2018 are stamped on removal passes However, rectification needs to be made on 4 minors raised during this audit: 8 May 2018: Gap 001/2017 (minor) Outstanding Checklist Local workers are insured under SOSCO. However, the insurance of 5 foreign workers was not made available during the document review. 8 May 2018: Gap 003/2018 (minor) Checklist ECR was not conducted as required in EIA report Section 6 in relation to harvesting activities from November 2016 to April May 2018: Gap 004/2018 (minor) Checklist b There was no evidence on patrolling conducted throughout May 2017: Observation Checklist 2.6.2, (Raised to minor GAP 005/2018) No records of training on safety and PPE. 8 May 2018: GAP 005/2018 Checklist 2.6.2, As of the recent audit, PPE such as safety helmet and safety vest were provided to the workers. However, there were no records of training in regards to workers safety and health in Principle 3. Records of Check Scaling, Transit pass, Timber Disposal Permit, Royalty Payment, Removal Pass fees and other charges were available and maintained by the licensee. Principle 4. There are no villages or human settlements within the project area, or within 10 km distance from the licensed boundary. 4

5 Results: (Compliance = 9; Non-Compliance = 0) Gaps raised against indicators & criteria during the May 2018 assessment. GAP Type Checklist Description 003/2018 Minor ECR was not conducted as required in EIA report Section 6 in relation to harvesting activities from November 2016 to April /2018 Minor b There was no evidence on patrolling conducted in /2018 Raised to Minor Status of previous outstanding Gaps. There were no records of training in regards to workers safety and health in GAP Type Checklist Status Description of Close Out 001/2017 Minor Outstanding 002/2017 Minor Closed 21 st May 2017: No evidence that 2 foreign workers sampled were covered under foreign worker compensation scheme. 8 th May 2018: The insurance of 5 foreign workers were not available during the document review. 21 st May 2017: Lack of safety precaution during transportation of logs. 8 th May 2018: First aid kit was available at base camp (RS BOR ). The contents were adequate. Functional fire extinguishers were also provided at the base camp. No log transportation observed during the field visit. Observations: OBS # Checklist # Description Highlights of Close Out Visit (if applicable) Not applicable. Dates Recommendations Appolonia Malujau dan 7 Peserta (Syarikat Maksigaya) 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 shall be addressed before the next surveillance visit. 5

6 Actions required to close the gaps/observations include: Gap 001/2017 (Minor) Checklist 2.6.1: Syarikat Maksigaya shall ensure documents are available during the next audit. Gap 003/2018 (Minor) Checklist 2.1.3: Syarikat Maksigaya shall submit ECR quarterly to EPD as required. Gap 004/2018 (Minor) Checklist b: Syarikat Maksigaya shall conduct forest patrolling to ensure no illegal exploitation or encroachment from outsiders. Gap 005/2018 (Raised to Minor) Checklist 2.6.2, 2.6.7: Syarikat Maksigaya shall ensure training on safety / health and PPE are conducted to increase workers awareness. The next surveillance audit will be scheduled in May End of Summary Report 6