Sabah TLAS Audit Report

Transcription

1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee Kekal Eramaju Sdn. Bhd. Reference # G Contact Person Office Address Ivana Yap Chu Kui Hin (Manager) (Maxland Sdn. Bhd.) Lot.5, 1 st Floor, Block 4, Bandar Indah, Mile 4, Jalan Utara, P. O. Box 2848, Sandakan, Sabah Date of Report Date of close out Telephone 13 April NA Approved By Dr. Kevin Grace Fax NA Statements Audit Statement NC - Non-Compliance Criteria 2.1 Issuance Date NA Expiration Date NA Assessment Dates April 2017 Scope of Assessment Assessment Details TLAS Principles 1-4: Form 1 License (JP(STG) 007/2016 (F1)) Species Dryobalanops spp. (Kapur), Dipterocarp spp. (Keruing), Koompassia malaccensis (Impas), Parashorea spp. (White seraya), Shorea spp. (Red seraya, Yellow seraya, Melapi), Heritiera simplicifolia (Kembang), Scaphium spp. (Kembang semangkuk), Sapotaceae (Nyatoh), Shorea pauciflora (Oba suluk), Neolamarckia cadamba (Laran), Duabanga moluccana (Magas), Octomeles sumatrana (Binuang), Alstonia spp. (Pulai), Nauclea spp. / Neonauclea spp. (Bangkal), Eugenia spp. (Obah), Sindora beccariana (Sepetir), Lauraceae (Medang), Planchonia valida (Putat), Lophopetalum spp. (Perupok), Terminalia subspathulata (Talisai), Lithocarpus & Quercus spp. (Mempening), Myristicaceae (Darah-darah), Dillenia spp. (Simpor), Cotylelobium spp. (Resak batu), Cratoxylum arborescens (Serungan), Pentace spp. (Takalis), Macaranga spp. (Sedaman), Tristaniopsis merguensis (Pelawan-pelawan), Dyera spp. (Jelutong), Dialium indum (Keranji), Paraserianthes falcataria (Batai), Diospyros spp., Campnosperma auriculatum (Terentang), Anisoptera spp. (Pengiran), Endospermum diadenum (Sendok Sendok), Petai, Assam, Perapat Hutan Lead Assessor Assessor(s) FDS Staff Siti Radiah Mohamad Paramjit S. Gill and Salapan Amat Roslan Junaidi (FLEGT Officer), Sofiean Mohd. Saibi (DFO Tongod), Wellter Jaini (PPD Tongod), and Yaacob Beni (PPD Tongod) 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 Kekal Eramaju Sdn. Bhd. is a wholly owned subsidiary of Maxland Sdn. Bhd. Kekal Eramaju Sdn. Bhd. holds a valid Form 1 license, JP(STG) 007/2016 (F1) which allows the Company or Licensee to conduct logging operations within Lot P.T (TOL). This license area covers a total area of 3,097 ha which is located in Lalampas, Tongod. According to the license conditions, the Licensee is allowed to carry out timber clear felling within the license area. However, the Licensee decided to conduct logging operations involving selective felling of timber. Therefore, all the timber species of commercial value in the project area of 30 cm diameter and above (dbh) will be cut. The project site comprises of state and alienated land. The project area is divided into two areas namely area A and area B. The project area is under the jurisdiction of Jabatan Perhutanan Tongod. Kekal Eramaju. did not engage any contractor to carry out the harvesting activities within its licensed area that commenced in September of The total allowable area for the logging operation is 1,758.7 ha. The remaining area of ha is prohibited from any logging activity as this area has a slope of more than 25 o. Environmental context Land classification Area (ha) Production Area 1,758.7 Steep Area (> 25 o ) 1,212.3 Stream Buffer Zone Area Total License Area 3,097.0 The project area is covered with terrestrial habitat of mixed highland dipterocarp forest as well as undergrowth vegetation. The common flora found is commercial, pioneer, climber, and terrestrial secondary vegetation. There is a large population of Seraya species within the project site such as Seraya Daun Emas (Shorea argentifolia) and Seraya Melantai (S. macroptera). According to the field survey and information from the local people, there are two protected floral species of Polod (Arenga undulatifolia) and Kayu Ara (Ficus spp.) known to exist within and vicinity of the project area. Ficus spp. is a type of fruit tree which is protected as it is a source of food for small mammals and birds. However, these types of trees are commonly found in the forests of Sabah. 2

3 Biological habitat in the project site has been disturbed by the plantation activities. Most of the faunal species within the project site are commonly found elsewhere in Sabah. The faunal species includes the babbler, barbet, bulbul, flowerpecker, kingfisher, swallow, toad, lizard, snake, skink, bat deer, macaque, rat, and squirrel. According to the field survey and information from local population / authorities, there are several other species of fauna known to exist within the project site which include: Bird species: Crested Goshawk (Accipiter trivirgatus), besra (A. virgatus), Brahminy kite (Haliastur indus), and white-rumped shama (Copsychus malabaricus) Reptile species: Reticulated python (Python reticulatus), roughneck monitor lizard (Varanus rudicolis), and water monitor lizard (V. salvator) Mammal species: Long-tailed macaque (Macaca fascicularis), pig-tailed macaque (M. nemestrina), barking deer (Muntiacus muntjak), sambar deer (Cervus unicolor), Malayan porcupine (Hystrix brachyura), Oriental small-clawed otter (Amblonyx cinerea), bearded pig (Sus barbatus), lesser mouse-deer (Tragulus javanicus), greater mouse-deer (T. napu), banded palm civet (Hemigalus derbyanus), common palm civet (Paradoxurus hermaphroditus), Malayan civet (Viverra tangalunga). The Licensee will provide 50 m width forest reserve buffer zone bordering the Ulu Sg. Milian and Trus Madi Forest Reserves and a 20 m width riparian reserve for Sg. Tongod. These designated areas will be excluded from the logging operation for environmental protection purposes. Social context Based on the approved EIA report, there are no settlements located within the license area. The nearest village settlement identified is Kg. Inodol, which is located 1.5 km to the east of Area B (Compartment 1), whereby Kg. Minusuh is located 8 km to the southeast. Scope of Assessment The scope of the evaluation is to verify compliance of Kekal Eramaju Sdn. Bhd. with the conditions of the Form 1 License for an area of 3,097 ha located in the District of Tongod. 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 Kekal Eramaju 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 10 Apr 2017 Mon 11 Apr 2017 Tue 12 Apr 2017 Wed 13 Apr 2017 Thu Activity Travelling to Telupid and overnight at Telupid. Opening meeting at PPD Telupid office, field visit to Kekal Eramaju Sdn. Bhd. base camp, stumping, Area A (Compartment 8; Block 3), Area B (Compartment 1; Block 17, 12, and 11). Document review at PPD Telupid office. Closing meeting at PPD Telupid office and travelling back to Sandakan. 3

4 Highlights of Assessment (Major Gaps = 1; Minor Gaps = 2; Observations = 3) Kekal Eramaju Sdn. Bhd. has not complied with the Sabah Legality Standard (FDS-TLAS-002) as one non-compliance (Gap 002/ Major) was identified under Criterion 2.1 during the assessment on April Principal 1: Kekal Eramaju Sdn. Bhd. holds a valid Form 1 license that allows the Company to conduct timber harvesting activities within the license area. The EIA report was prepared for 4,047 ha while the approved Form 1 license was issued for 3,097 ha and there were discrepancies involving the compartment identification numbers in the EIA report compared to the progress map prepared based on the approved license map (Observation-001; CL 1.3.1). A perennial stream (Sg. Titimbang) that was designated for protection in the EIA has not been marked on the ground (Gap 001/2017 (Minor); CL 1.8.3). Principle 2: The Environment Compliance Assessment has yet to be conducted (delayed since January 2017). Based on the field assessment, inadequate implementations of environmental mitigation measures were identified at the base camp and other facilities (Gap 002/2017 (Major); CL 2.1.3). No patrolling report was documented for the weekly patrolling activities (Observation 002; CL ). The identification of Sabah TLAS Compliant on the transportation permits/documents has yet to be included (Observation 003; CL 2.3.7). Principle 3: Kekal Eramaju Sdn. Bhd. maintained the records of Timber Disposal Permit (TDP), scaling orders, and royalty payment receipts. However, the Licensee did not maintain a copy of removal passes as required in the license condition (Gap 003/2017 Minor; CL 3.1.5). Principle 4: There are no villages or human settlements within the project area. Results: (Compliance = 9; Non-Compliance = 1) Three gaps were raised against indicators & criteria during the April 2017 assessment. GAP Type Checklist Description 001/2017 Minor A perennial stream (Sg. Titimbang) that was designated for protection in the EIA has not been marked on the ground. 002/2017 Major The Environment Compliance Assessment has yet to be conducted (delayed since January 2017). Inadequate implementation of environmental mitigation measures was identified at the base camp and other facilities. 003/2017 Minor Kekal Eramaju Sdn. Bhd. maintained the records of Timber Disposal Permit (TDP), scaling orders, and royalty payment receipts. However, the Licensee did not maintain a copy of removal passes as required in the license condition. Status of previous outstanding Gaps. GAP Type Checklist Status Description of Close Out Highlights of Close Out Visit (if applicable) Dates - NA 4

5 Three observations were identified during the April 2017 assessment. Obs Checklist Description The EIA report was prepared for an area of 4,047 ha while the approved Form 1 license and TOL was issued only for an area of 3,097 ha and there were discrepancies involving the compartment identification numbers in the EIA report compared to the progress map prepared based on the approved license map Patrolling activities were stated to be conducted once a week, however, no record of patrolling activities was documented The identification of Sabah TLAS Compliant on the transportation permits/documents has yet to be included. According to FD 36/2016, the stamping of Sabah TLAS Compliant on all related FDS documents commences on 1 st January Currently, FDS is in the transition period of preparing stamps. The assessing team shall verify this during the next surveillance audit. Recommendations Kekal Eramaju Sdn. Bhd. has NOT complied with the Sabah Legality Standard (FDS-TLAS-002) as a Major Gap 002/2017 was documented against Criterion 2.1 during the April 2017 assessment. The Major gap needs to be addressed within 2 months (by June 2017). The following recommendations are given regarding to the Gaps/Observations raised during this audit: Gap 001/2017 (Minor) - Checklist 1.8.3: To mark all required stream buffer zones on the ground (refer to the EIA map) prior to the commencement of harvesting operation in accordance to EPD guidelines for widths of buffer zones. There shall be no logging activity or any type of encroachment within any riparian reserve or buffer zone. Gap 002/2017 (Major) - Checklist 2.1.3: The company must undertake an Environmental Compliance Assessment as required by EPD and provide mitigation measures for each non-compliant listed: Environmental Compliance Report (ECR): Ensure that ECRs are compiled every four months and submitted to EPD. Storage of Scheduled Wastes: Provide a storage unit for scheduled wastes and ensure all scheduled waste items are stored accordingly in the storage unit. Labelling of Scheduled Wastes: Carry out labelling of all collected scheduled wastes prior to disposal, using codes and labelling standards/descriptions as prescribed by the EPD. Labelling of Lubricant Types: Ensure all stored lubricant drums or containers are properly labelled and stored accordingly. Oil spillages: Provide spillage trays under fuel tank, generator unit, vehicles under repair, and for dispensing area and means for collection: shovel, absorbent, labelled leak proof container. Collect the soil contaminated with oil or other chemical fluids from affected areas and dispose according to the environmental regulations of EPD. Flooring at Workshop, Lubricant Store, and Generator Station: Provide concrete or other types of flooring that could contain any possible oil or chemical leaks and prevent ground contamination. Recyclable Wastes: Hold briefings to staff and workers on collection, segregation, storage and disposal of recyclable waste. 5

6 Provide collection and segregation facilities. Dumping Pit: Fencing should be provided to prevent individuals from falling into the pit. Camp hygiene: Conduct staff/worker briefing on camp hygiene and cleanliness. Collect and segregate all rubbish from staff quarter area. Provide sufficient bins/containers for segregation. Gap 003/2017 (minor) - Checklist 3.1.5: Ensure that the duplicate sets of all removal passes are maintained for future reference. Observation Checklist 1.3.1: To seek advise from FDS and EIA consultant on the amendment of approved EIA delineation of compartments should match with the issued Form 1 License. Observation Checklist : All patrolling activities (any findings) should be documented and reviewed by the licensee. Observation Checklist 2.3.7: Ensure that all transportation permits/documents is stamped with Sabah TLAS Compliant once the requirement is fully enforced and stamps are available. The next assessment is scheduled in Apr End of Summary Report 6

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